Cities Index.
Agenda packet

Colma City Council
November 9, 2022

Document
Agenda packet
Meeting
November 9, 2022
Body
Colma City Council
Pages
2
Original file
132 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.
Page 1 of 2 ends

AGENDA

REGULAR MEETING

CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, November 9, 2022
7:00 PM
This City Council meeting will be conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3) related to conducting public meetings during the COVID-19 pandemic. The City Council, staff and members of the public may participate in the meeting in person at Town Hall or virtually via Zoom Video Conference.

To attend the meeting in person:

Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014 To participate in the meeting via Zoom Video Conference:

Join Zoom Meeting: https://us02web.zoom.us/j/81289976261 Passcode: 074407
Meeting ID: 812 8997 6261
Dial by your location
+1 669 900 6833 US (San Jose)
+1 346 248 7799 US (Houston)
+1 253 215 8782 US (Tacoma)
+1 312 626 6799 US (Chicago)
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Germantown)
Meeting ID: 812 8997 6261
Passcode: 074407
To provide Public Comment in person:

Members of the public wishing to speak are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less.

To provide Public Comment via Zoom Video Conference:

Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the consent calendar being heard, or prior to the close of the public comment period for agenda items or non-agenda items. In response, the Town will unmute the speaker and allow them to speak up to three minutes.

To provide Public Comment in writing:

Members of the public may provide written comments by email to the City Clerk at [email protected]
before 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.

Page 2 of 2 ends

PLEDGE OF ALLEGIANCE AND ROLL CALL

ADOPTION OF AGENDA

PRESENTATIONS
• Proclamation in Recognition of Arboretum Day
• Proclamation in Recognition of Veterans Day
• Halloween House Decorating Contest Award Recipients
• Annual Employee Appreciation Presentation

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 October 26, 2022 Regular Meeting.

2. Motion to Approve Report of Checks Paid for October 2022.

3. Motion to Reconfirm the Findings and Determinations Made in Resolution No. 2021-33 and Under Assembly Bill 361 for the Continuation of Virtual Meetings, with Acknowledgment that the California Department of Public Health has Updated the Definition of “Close Contact” in Regulation 3205 from Being within 6 Feet of Another Person to Sharing the Same Indoor Space with Another Person for 15 Minutes or More, Which Further Supports the Findings.

4. Motion to Adopt a Resolution Adopting an Amended Appendix of the Conflict of Interest Code Pursuant to the Political Reform Act of 1974.

PUBLIC HEARING

5. RENEWAL OF CONDITIONAL USE PERMIT - 1850 EL CAMINO REAL Consider: Motion Adopt a Resolution Approving Conditional Use Permit, Project Design Review, and Tree Permit for an Office Building Located at 1850 El Camino Real Pursuant to a Previously Adopted Mitigated Negative Declaration.

NEW BUSINESS

6. COLMA 100TH ANNIVERSARY AD HOC COMMITTEE
Consider: Motion Establishing a City Council Ad Hoc 100 Year Anniversary Planning Committee.

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 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 10.26.22 Page 1 of 4

MINUTES

REGULAR MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Wednesday, October 26, 2022
7:00 PM

PLEDGE OF ALLEGIANCE AND ROLL CAL
Mayor Fisicaro called the regular session to order at 7:01 p.m.

Council Present –Mayor Helen Fisicaro, Vice Mayor Joanne F. del Rosario, Council Members John Irish Goodwin and Ken Gonzalez 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 and Planning Brad Donohue, City Planner Farhad Mortazavi, and City Clerk Caitlin Corley were in attendance.

The Mayor announced, “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 to pull item #5 from the Consent Calendar. The Mayor asked for a motion to adopt the agenda with the requested change.

A
ction: Vice Mayor del Rosario moved to adopt the agenda with changes; 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 
Joanne F. del Rosario 
John Irish Goodwin 
Ken Gonzalez 
4 0

PRESENTATIONS
 Birthday Recognition of Dianne Chiappari
The Mayor recognized Dianne Chiappari, longtime resident and former Treasurer for the Town of Colma, for her 75th Birthday on October 24th. The Town sent flowers and a c
ertificate to her and extended best wishes and continued health and happiness to you.  Daly City Public Library Associates – Upcoming Events Aileen Cassinetto, DCPLA Board Member and Poet Laureate of San Mateo County gave an update on the upcoming Art and Lit Fest on November 5, 2022 and the Daly City Youth Item #1
Minutes – Regular Meeting 10.26.22 Page 2 of 4
Poet Laureate Program, which is currently accepting applications for the 2023-24 term.  Recognition of Talia Serefiddin, Manager of Colma Starbucks The Mayor announced, “We’d like to recognize Talia Serefiddin, Manager of the Colma Starbucks, for being an incredible community partner to the Town. In addition to the numerous Coffee/Cocoa with a Copy events that Starbucks has hosted through the years, Talia has also participated in National Night Out and donated coffee to our Colma PD during the pandemic shutdown. She is a great supporter of Colma PD and the Town generally and we’re so lucky to have her as a community member. Talia, thank you for your contributions to the Town and helping to keep Colma a great place to live, work and visit!”
Talia was present on the zoom and thanked Council for the recognition.

PUBLIC COMMENTS
Mayor Fisicaro opened the public comment period at 7:12 p.m. Brian Shields of Carpenters Union Local 217 spoke regarding labor regulations. The Mayor closed the public comment period at 7:15 p.m.

CONSENT CALENDAR

1. Motion to Accept the Minutes from the October 12, 2022 Special Meeting.

2. Motion to Accept the Minutes from the October 12, 2022 Regular Meeting.

3. Motion Accepting the 2022 F Street Pavement Rehabilitation Project as Complete, Directing the Director of Public Works to File A Notice of Completion for the Project with the San Mateo County Recorder’s Office.

4. Motion to Adopt a Resolution Adjusting Salary for Part-Time Casual Staff to Meet the Minimum Wage Requirement Set Forth by the State of California and Amending the Salary Schedule.

5. [Pulled from Consent Calendar]

6. Motion to Adopt a Resolution Awarding and Authorizing the City Manager to Execute a Construction Contract with Marina Landscape Inc. for the 2022 Mission Road Landscape Improvement Project in the Amount of $289,840.00 and Amending the Total Capital Project Budget to be $400,000.00.

Action: Mayor Fisicaro moved to approve the consent calendar items #1 through 4 and item #6; the motion was seconded by Vice Mayor del Rosario and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Joanne F. del Rosario 
John Irish Goodwin  Item #6 Only
Ken Gonzalez  Item #4 Only
4 0
Minutes – Regular Meeting 10.26.22 Page 3 of 4

5. LOCAL PARTNERSHIP COMPETITIVE PROGRAM FUNDING
City Manager Brian Dossey explained the changes that were made to the proposed resolution. The agenda documents were updated on the website for the public to review.

The Mayor opened the public comment period at 7:20 p.m. and seeing no one request to speak, she closed the public comment period. Council discussion followed.

Action: Council Member Goodwin moved to Adopt a Resolution Supporting the Construction of Hillside Boulevard Improvement Project, Phase II and Submitting an Application to the California Transportation Commission Through The City/County Association of Governments of San Mateo County for the 2022 Local Partnership Competitive Program Funding; the motion was seconded by Vice Mayor del Rosario and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Joanne F. del Rosario 
John Irish Goodwin 
Ken Gonzalez 
4 0

NEW BUSINESS

7. OPTIONS FOR FILING A CITY COUNCIL VACANCY
City Manager Brian Dossey and City Attorney Christopher Diaz presented the staff report.

The Mayor opened the public comment period at 7:31 p.m. and seeing no one request to speak, she closed the public comment period. Council discussion followed.

Action: Council Member Goodwin moved to fill the City Council vacancy by appointment and gave direction to staff regarding the schedule and logistics of the appointment process; the motion was seconded by Council Member Gonzalez and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Joanne F. del Rosario 
John Irish Goodwin 
Ken Gonzalez 
4 0

STUDY SESSION

8. C/CAG MICROMOBILITY AND BIKE SHARE PROGRAM
Director of Public Works introduced C/CAG staff Kim Wever and Kaki Cheung to present the report. The Mayor opened the public comment period at 7:56 p.m. and seeing no one request to speak, she closed the public comment period. Council discussion followed.

Minutes – Regular Meeting 10.26.22 Page 4 of 4
This item was for discussion only; no action was taken at this meeting.

COUNCIL CALENDARING
The next Regular Meeting will be on Wednesday, November 9, 2022 at 7:00pm. It will be conducted in person at the Council Chamber, but members of the public may also participate remotely via Zoom.

REPORTS
City Manager Brian Dossey gave an update on the following topics:
 The Annual Business Recognition Luncheon on Thursday October 20, 2022 was a great success, with close to 100 attendees. Thank you to staff for putting on a great event!  The Chamber of Commerce is hosting their Annual Turkey Bowl on Friday, November 4, 2022.
 The Regular City Council Meeting on November 9, 2022 will be a hybrid online and in person meeting.
 There will be a Special Meeting on Wednesday, November 16, 2022 at 6:00 p.m. regarding the appointment of a new Council Member.
 The Regular City Council Meeting on November 23, 2022 will be cancelled.  The Town was notified by the San Mateo Transit Authority that a $4.5 million grant application for improvements on Hillside Blvd. will be forwarded to C/CAG for consideration. If approved by C/CAG the grant will be forwarded to the State for approval as part of the Local Partnership Program.

ADJOURNMENT
Mayor Fisicaro adjourned the meeting at 8:37 p.m. in memory of Ting Hwai Wu, retired Lt.

General with the Taiwanese Air Force and father of retired K9 Park Police Officer Nyhung “Neil” Wu; and Kathelene Ruff, mother of Veterans Village resident Belinda Payne.

Respectfully submitted,

Caitlin Corley
City Clerk
Page: 1Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00300 ABILITYPATH FY 2022-2023 GrantC55466 6,500.0009/27/202210/31/202210/04/2022 6,500.00 00623 ARAMARK 5180071098C55467 09/19/202210/31/202210/04/2022 114.52 C 5180063317 09/05/202210/31/2022 111.92
C 5180067242 09/12/202210/31/2022 111.92
C 5180074697 09/26/202210/31/2022 111.92
C 5180063314 09/05/202210/31/2022 25.90
C 5180071095 09/19/202210/31/2022 25.90
C 5180067241 09/12/202210/31/2022 25.90
C 5180074694 09/26/202210/31/2022 25.90
C 5180071083 09/19/202210/31/2022 18.90
C 5180067240 09/12/202210/31/2022 18.90
C 5180067235 09/12/202210/31/2022 18.90
C 5180063297 09/05/202210/31/2022 18.90
C 5180074655 648.3809/26/202210/31/2022 18.90
00051 CALIFORNIA WATER SERVICE CO. 6544607057 19Sep22C55468 848.3609/19/202210/31/202210/04/2022 848.36 00057 CINTAS CORPORATION #2 4132157895C55469 09/22/202210/31/202210/04/2022 564.97 C 4132157903 09/22/202210/31/2022 322.65
C 4132906205 1,059.9509/29/202210/31/2022 172.33
01037 COMCAST CABLE 09/25-10/24 InternetC55470 09/20/202210/31/202210/04/2022 251.72 C 09/25-10/24 427 F St 09/20/202210/31/2022 231.72
C 09/27-10/26 XFINITY 494.3809/17/202210/31/2022 10.94
00055 CORA FY 2022-2023 GrantC55471 7,000.0009/27/202210/31/202210/04/2022 7,000.00 02827 CORODATA SHREDDING, INC. DN 1379414C55472 115.6908/31/202210/31/202210/04/2022 115.69 02491 DALY CITY YOUTH HEALTH CENTER FY 2022-2023 GrantC55473 6,000.0009/27/202210/31/202210/04/2022 6,000.00 00116 DALY CITY/COLMA CHAMBER FY 2022-2023 Grant55474 30,000.0009/27/202210/04/2022 30,000.00 00649 DAVEY TREE EXPERT COMPANY 917042172C55475 6,750.0009/21/202210/31/202210/04/2022 6,750.00 03224 DECORATIVE PLANT SERVICE, INC. 0029351C55476 157.4510/01/202210/31/202210/04/2022 157.45 01831 JOANNE F. DEL ROSARIO 2002360.003C55477 80.0009/26/202210/31/202210/04/2022 80.00 Page: 1
Item #2
Item #2
Page: 2Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 03378 RICARDO ESCOBAR 09/26/22 EE Reimb55478 18.0009/27/202210/04/2022 18.00 02606 F. FERRANDO & CO. 43061C55479 09/19/202210/31/202210/04/2022 3,089.00 C 43060 09/19/202210/31/2022 2,792.00
C 43067 09/28/202210/31/2022 2,497.00
C 43066 09/28/202210/31/2022 2,448.00
C 43059 09/19/202210/31/2022 1,933.00
C 43065 14,532.0009/28/202210/31/2022 1,773.00
03428 ROMULO FERRO 2002361.003C55480 275.0009/26/202210/31/202210/04/2022 275.00 02330 FOREMOST PROMOTIONS 706774C55481 240.6309/29/202210/31/202210/04/2022 240.63 02499 (RICOH) GE CAPITAL INFORMATION5065682207C55482 100.8910/01/202210/31/202210/04/2022 100.89 00177 HUMAN INVESTMENT PROJECT FY 2022-2023 GrantC55483 5,000.0009/27/202210/31/202210/04/2022 5,000.00 00201 JEFFERSON UNION HIGH SCHOOLFY 2022-2023 GrantC55484 4,000.0009/30/202210/31/202210/04/2022 4,000.00 02989 LIFEMOVES FY 2022-2023 GrantC55485 4,000.0009/27/202210/31/202210/04/2022 4,000.00 02993 VANESSA MOSQUEDA VELEZ (MIXTISO)Jul 28-Sep 22, 2022C55486 800.0009/22/202210/31/202210/04/2022 800.00 03061 NICK BARBIERI TRUCKING, LLC 2349321C55487 364.6109/15/202210/31/202210/04/2022 364.61 00280 OFFICE DEPOT, INC. 267401137001C55488 09/22/202210/31/202210/04/2022 71.75 C 266305256001 09/22/202210/31/2022 39.22
C 266531451001 118.4509/22/202210/31/2022 7.48
01586 OMBUDSMAN SERVICES OF SAN FY 2022-2023 GrantC55489 2,500.0009/27/202210/31/202210/04/2022 2,500.00 00307 PACIFIC GAS & ELECTRIC 0092128195-2 23Sep22C55490 09/23/202210/31/202210/04/2022 2,653.83 C 0678090639-9 20Sep2209/20/202210/31/2022 80.13
C 9593452526-2 20Sep2209/20/202210/31/2022 29.34
C 2039987372-6 23Sep2209/23/202210/31/2022 13.27
C 9956638930-2 23Sep22 2,787.1309/23/202210/31/2022 10.56 02926 INC PRECISION BODY SHOP & DETAIL196877C55491 80.0009/16/202210/31/202210/04/2022 80.00 02970 PRODUCTIVE PRINTING & GRAPHICS36291C55492 09/26/202210/31/202210/04/2022 429.63 C 36299 09/26/202210/31/2022 180.47
Page: 2
Page: 3Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total C 36298 724.9409/26/202210/31/2022 114.84
02216 RAMOS OIL CO. INC. 822967C55493 09/20/202210/31/202210/04/2022 2,171.96 C 823323 2,271.6109/20/202210/31/2022 99.65
03527 YENMI ROSALES 2002362.00355494 50.0009/26/202210/04/2022 50.00 02795 JAY ROSSET 09/26/2022 Reimb55495 18.0009/27/202210/04/2022 18.00 03528 SILICON VALLEY BICYCLE FY 2022-2023 GrantC55496 3,500.0009/27/202210/31/202210/04/2022 3,500.00 00364 SMC FORENSIC LAB PS-INV10406455497 4,146.3109/13/202210/04/2022 4,146.31 00460 SMC JOBS FOR YOUTH FY 2022-2023 GrantC55498 4,000.0009/27/202210/31/202210/04/2022 4,000.00 00388 SONITROL 320050 C55499 198.0009/26/202210/31/202210/04/2022 198.00 03321 SPECIAL SERVICES GROUP, LLC 1637955500 600.0008/22/202210/04/2022 600.00 02566 STARVISTA FY 2022-23 GrantC55501 3,000.0010/03/202210/31/202210/04/2022 3,000.00 02566 STARVISTA 6561 C55502 3,168.9308/31/202210/31/202210/04/2022 3,168.93 02849 6746050100 U.S. BANK PARS ACCOUNT2022.10 OPEBC55503 128,788.0009/21/202210/31/202210/04/2022 128,788.00 00422 UNDERGROUND SERVICE ALERT 1762782022C55504 699.5107/20/202210/31/202210/04/2022 699.51 02635 VOLUNTEERS IN MEDICINE - SAN FY 2022-2023 GrantC55505 4,000.0009/27/202210/31/202210/04/2022 4,000.00 02132 JASON WOLLMAN 09/26/2022 ReimbC55506 18.0009/26/202210/31/202210/04/2022 18.00 01375 NATIONWIDE RETIREMENT SOLUTION10072022M+BC55507 7,515.7110/07/202210/31/202210/07/2022 7,515.71 01340 NAVIA BENEFIT SOLUTIONS 10072022C55508 1,240.0810/07/202210/31/202210/07/2022 1,240.08 00013 ANDY'S WHEELS & TIRES 65249C55509 09/13/202210/31/202210/11/2022 1,159.77 C 65250 1,250.5509/13/202210/31/2022 90.78
00020 ASSOCIATED SERVICES INC 12210002855510 10/01/202210/11/2022 40.00 122100027 49.0010/01/2022 9.00
00051 CALIFORNIA WATER SERVICE CO. 09/28/2022C55511 6,763.8109/28/202210/31/202210/11/2022 6,763.81 01995 CELETTA INVESTIGATIVE SERVICES22-1001C55512 880.0010/01/202210/31/202210/11/2022 880.00 Page: 3
Page: 4Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 01037 COMCAST CABLE 09/26/22 CableC55513 09/26/202210/31/202210/11/2022 15,262.72 C 10/02-11/01/2022 15,509.4409/27/202210/31/2022 246.72 00649 DAVEY TREE EXPERT COMPANY 917056571C55514 09/26/202210/31/202210/11/2022 4,950.00 C 917056572 9,400.0009/26/202210/31/2022 4,450.00
02558 DIAL GLASS AND WINDOW COMPANY44341C55515 3,300.0003/21/202210/31/202210/11/2022 3,300.00 03164 EDGEWORTH INTEGRATION LLC 00032045C55516 1,962.0209/30/202210/31/202210/11/2022 1,962.02 03459 INC FAST RESPONSE ON-SITE TESTING157131C55517 240.0009/29/202210/31/202210/11/2022 240.00 02499 (RICOH) GE CAPITAL INFORMATION106536959C55518 09/19/220210/31/202210/11/2022 513.17 C 106545325 09/22/202210/31/2022 274.76
C 106540675 1,062.6909/20/202210/31/2022 274.76
00254 METRO MOBILE COMMUNICATIONS221024C55519 602.0010/01/202210/31/202210/11/2022 602.00 01340 NAVIA BENEFIT SOLUTIONS 10517051C55520 117.7009/29/202210/31/202210/11/2022 117.70 00280 OFFICE DEPOT, INC. 27017924400155521 09/29/202210/11/2022 249.47 268497964001 320.0609/28/2022 70.59
03228 OPERATION SANTA CLAUS FY 2022-2023 Grant55522 1,500.0010/27/202210/11/2022 1,500.00 00307 PACIFIC GAS & ELECTRIC 9248309814-8 23Sep22C55523 350.8909/23/202210/31/202210/11/2022 350.89 00553 PACIFIC NURSERIES SI-3790955524 371.7109/27/202210/11/2022 371.71 03381 PENINSULA VOLUNTEERS, INC. FY 2022-2023 Grant55525 6,000.0009/30/202210/11/2022 6,000.00 02926 INC PRECISION BODY SHOP & DETAIL17450C55526 09/29/202210/31/202210/11/2022 80.00 C 17451 160.0009/29/202210/31/2022 80.00
01023 PRIORITY 1 894355527 2,263.4309/23/202210/11/2022 2,263.43 03479 ROBERT HALF INTERNATIONAL 60826760C55528 994.6010/04/202210/31/202210/11/2022 994.60 03488 RUBBER STAMPS UNLIMITED 1060166C55529 61.7809/28/202210/31/202210/11/2022 61.78 00500 (PARKING) SMC CONTROLLERS OFFICESeptember 202255530 2,579.8010/03/202210/11/2022 2,579.80 00364 SMC FORENSIC LAB PS-INV10408355531 5,040.0009/30/202210/11/2022 5,040.00 Page: 4
Page: 5Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 00683 SMC PUBLIC SAFETY COMMUNICATIOCLMA-MSS 23-0155532 1,674.7509/28/202210/11/2022 1,674.75 01101 TERRYBERRY COMPANY LLC L82110C55533 153.2709/28/202210/31/202210/11/2022 153.27 00411 TURBO DATA SYSTEMS 38556C55534 1,398.6909/30/202210/31/202210/11/2022 1,398.69 03015 U.S. BANK CORPORATE PMT SYSTEM09/22/2022C55535 14,287.1009/22/202210/31/202210/11/2022 14,287.10 03034 FLEX ADVANTAGE 149125C55536 205.0009/30/202210/31/202210/12/2022 205.00 00181 IEDA 2388455537 1,628.0510/01/202210/12/2022 1,628.05 02714 DAWN MARCHETTI EE Reimb 09/11-14/22C55538 349.0210/06/202210/31/202210/12/2022 349.02 03529 PACIFIC DINING 2022.12.17Colma55539 9,756.0009/20/202210/12/2022 9,756.00 00307 PACIFIC GAS & ELECTRIC 0567147369-1C55540 205.2109/29/202210/31/202210/12/2022 205.21 03530 R.BLUM & ASSOCIATES 195655541 4,950.0010/04/202210/12/2022 4,950.00 00360 SAN MATEO COUNTY COMMUNITY2022.12.17ColmaV55542 3,795.0009/20/202210/25/202210/12/2022 3,795.00 00345 SMC SHERIFF'S OFFICE Nov 2-3, 202255543 1,350.0009/20/202210/12/2022 1,350.00 01030 STEPFORD, INC. 220148355544 10/03/202210/12/2022 9,046.98 2205427 10/10/2022 310.00
2201595 9,402.6010/07/2022 45.62
03457 TOWNSEND PUBLIC AFFAIRS, INC.1902455545 6,000.0010/01/202210/12/2022 6,000.00 03461 1000BULBS.COM W0334576955546 09/30/202210/18/2022 1,234.96 W03345122 1,883.9909/29/2022 649.03
00004 AT&T 00001886130755547 34.8610/01/202210/18/2022 34.86 03334 LLC AT&T MOBILITY NATIONAL ACCOUNT287296200335X101020255548 2,524.2310/02/202210/18/2022 2,524.23 01565 BAY CONTRACT MAINTENANCE, INC.2826455549 10/10/202210/18/2022 2,740.50 28265 10/10/2022 2,661.35
28268 10/10/2022 2,661.35
28269 10/10/2022 1,552.45
28267 10/10/2022 633.64
28270 10/10/2022 221.30
Page: 5
Page: 6Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 28266 10,663.9310/10/2022 193.34
00051 CALIFORNIA WATER SERVICE CO. 09/30/202255550 3,956.1409/30/202210/18/2022 3,956.14 00057 CINTAS CORPORATION #2 413353455355551 10/06/202210/18/2022 566.62 4133534532 890.3610/06/2022 323.74
00093 CITY OF SOUTH SAN FRANCISCO 51907155552 750.0009/22/202210/18/2022 750.00 00507 COLMA FIRE PROTECTION DISTRICT2022 F-008055553 350.0009/27/202210/18/2022 350.00 02827 CORODATA SHREDDING, INC. RS 343075955554 107.3809/30/202210/18/2022 107.38 02793 DITO'S MOTORS 2665355555 1,232.0010/03/202210/18/2022 1,232.00 02606 F. FERRANDO & CO. 4307255556 2,352.0010/03/202210/18/2022 2,352.00 00539 FIREMASTER DEPT 1019 000100194055557 278.0010/11/202210/18/2022 278.00 03034 FLEX ADVANTAGE 2022.11 Reimbursemen55558 54,238.8810/18/202210/18/2022 54,238.88 02965 HAPPYCAKE FACE PAINTING 68716955559 675.0010/06/202210/18/2022 675.00 00174 HOME DEPOT CREDIT SERVICES Aug 30 - Sep 2955560 956.5109/29/202210/18/2022 956.51 03273 HOME DEPOT PRO, THE 70990098955561 10/03/202210/18/2022 1,408.44 710674060 10/06/2022 338.36
710066739 1,950.5310/03/2022 203.73
03061 NICK BARBIERI TRUCKING, LLC 235204555562 678.8809/30/202210/18/2022 678.88 00280 OFFICE DEPOT, INC. 26637164500155563 10/04/202210/18/2022 276.31 270639782001 10/07/2022 135.98
268744322001 456.6010/05/2022 44.31
02271 O'GRADY PAVING, INC. 641355564 141,615.7909/28/202210/18/2022 141,615.79 00307 PACIFIC GAS & ELECTRIC 3007220528-6-10072255565 10/07/202210/18/2022 5,411.35 0576889222-5-100722 5,653.9110/07/2022 242.56
00553 PACIFIC NURSERIES SI-3869155566 288.4810/04/202210/18/2022 288.48 02886 READY REFRESH BY NESTLE 02J003645766155567 69.9510/08/202210/18/2022 69.95 Page: 6
Page: 7Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 03479 ROBERT HALF INTERNATIONAL 6087630755568 994.6010/12/202210/18/2022 994.60 00349 SEGALE & CERINI INC. 1730455569 09/30/202210/18/2022 19,960.00 17307 09/30/2022 5,460.00
17284 09/30/2022 2,843.25
17306 29,502.2509/30/2022 1,239.00
00414 TERMINEX INTERNATIONAL L.P. 42540188255570 09/29/202210/18/2022 275.00 425401883 358.0009/24/2022 83.00
01101 TERRYBERRY COMPANY LLC L8857255571 1,005.6510/12/202210/18/2022 1,005.65 03075 SUAN MERAZ VARELA 2002369.00355572 50.0010/11/202210/18/2022 50.00 03531 DENISE VILLA 2002354.00355573 275.0009/12/202210/18/2022 275.00 00047 C.L.E.A. 2022-10-21B55574 216.0010/21/202210/21/2022 216.00 01375 NATIONWIDE RETIREMENT SOLUTION2022-10-21B55575 6,215.7110/21/202210/21/2022 6,215.71 01340 NAVIA BENEFIT SOLUTIONS 2022-10-21B55576 1,240.0810/21/202210/21/2022 1,240.08 02224 STANDARD INSURANCE COMPANY2022-10-21B55577 434.0010/21/202210/21/2022 434.00 02337 AXON ENTERPRISES, INC. INUS10857755578 10/15/202210/25/2022 40,152.28 INUS108669 61,663.7210/15/2022 21,511.44
01183 BEST BEST & KRIEGER LLP 94805455579 10/14/202210/25/2022 20,915.87 948050 22,125.7710/14/2022 1,209.90
02244 CALIFORNIA BUILDING STANDARDSJul - Sep 202255580 57.0010/12/202210/25/2022 57.00 00051 CALIFORNIA WATER SERVICE CO. 172705270255581 353.6410/13/202210/25/2022 353.64 01037 COMCAST CABLE 10/11-11/10 601 F St55582 113.7210/07/202210/25/2022 113.72 02583 CRIME SCENE CLEANERS, INC. 8560855583 108.0010/15/202210/25/2022 108.00 02317 ERIN CUS May 21-Sep 17, 202255584 1,400.0010/07/202210/25/2022 1,400.00 00117 DELTA DENTAL OF CALIFORNIA BE00521820655585 14,491.4011/01/202210/25/2022 14,491.40 00111 DEPARTMENT OF CONSERVATIONJul - Sep 202255586 317.4910/12/202210/25/2022 317.49 Page: 7
Page: 8Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 02793 DITO'S MOTORS 2638955587 08/12/202210/25/2022 525.42 26226 07/21/2022 486.29
26517 09/07/2022 126.08
25874 05/19/2022 119.83
26558 1,370.6209/15/2022 113.00
03532 LIDIA'S ITALIAN DELI 743055588 10/20/202210/25/2022 1,426.75 7431 1,659.4210/20/2022 232.67
03533 TRI LUU CO05848-Luu55589 300.0010/19/202210/25/2022 300.00 01036 MANAGED HEALTH NETWORK PRM-07595455590 99.2010/17/202210/25/2022 99.20 03191 MAZE & ASSOCIATES 4692655591 8,215.0009/30/202210/25/2022 8,215.00 03260 LUCAS MONTALVO 2002374.00355592 300.0010/17/202210/25/2022 300.00 03099 NOR-CAL CYCLES LLC 609155593 956.6510/11/202210/25/2022 956.65 00280 OFFICE DEPOT, INC. 27111286100155594 64.0410/10/202210/25/2022 64.04 00307 PACIFIC GAS & ELECTRIC 1918250367-255595 6,308.0310/17/202210/25/2022 6,308.03 02641 HEATHER PAPE 2002376.00355596 48.0010/20/202210/25/2022 48.00 00311 PITNEY BOWES INC. 310575873455597 507.0010/08/202210/25/2022 507.00 01023 PRIORITY 1 896255598 299.5910/06/202210/25/2022 299.59 01344 PROJECT READ 29th Annual Trivia C55599 400.0010/20/202210/25/2022 400.00 03004 PROUDCITY INC 154955600 2,500.0010/19/202210/25/2022 2,500.00 02216 RAMOS OIL CO. INC. 82603955601 10/10/202210/25/2022 2,721.54 824499 09/30/2022 2,702.18
826400 5,502.5310/10/2022 78.81
03479 ROBERT HALF INTERNATIONAL 6050125255602 08/09/202210/25/2022 1,030.96 60904048 2,031.6210/18/2022 1,000.66
00654 SITIKE COUNSELING CENTER FY 2022-2023 Grant55603 6,500.0010/19/202210/25/2022 6,500.00 03534 SMC COMMUNITY COLLEGE DISTRICT2022.12.17Colma55604 3,795.0009/20/202210/25/2022 3,795.00 Page: 8
Page: 9Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 00534 SMC INFORMATION SERVICES DEPT1YCL1220955605 82.2509/30/202210/25/2022 82.25 00345 SMC SHERIFF'S OFFICE Dec 5-6, 202255606 1,800.0010/19/202210/25/2022 1,800.00 02224 STANDARD INSURANCE COMPANY2022.1155607 227.3210/17/202210/25/2022 227.32 00830 STAPLES BUSINESS CREDIT 164442445555608 682.2609/25/202210/25/2022 682.26 00412 TELECOMMUNICATIONS ENGINEERING4789155609 1,515.0010/10/202210/25/2022 1,515.00 02946 AMANDA VELASQUEZ 10/2-10/7 Reimb55610 286.2610/13/202210/25/2022 286.26 01414 VERANO OWNERS ASSOCIATION 2022.1155611 350.0011/01/202210/25/2022 350.00 00432 VISION SERVICE PLAN 81633232155612 10/19/202210/25/2022 1,157.85 816332339 1,183.5810/19/2022 25.73
02799 WAVE (ASTOUND) 103745301-000974555613 400.0010/01/202210/25/2022 400.00 00130 EMPLOYMENT DEVELOPMENT DEPT10072022M+BC94714 14,331.2510/07/202210/31/202210/07/2022 14,331.25 00521 UNITED STATES TREASURY 10072022M+BC94715 57,640.7110/07/202210/31/202210/07/2022 57,640.71 00282 CALIFORNIA PUBLIC EMPLOYEES' 10072022M+BV94716 73,822.7710/07/202210/20/202210/07/2022 73,822.77 00631 P.E.R.S. 10072022M+BC94717 48,106.5910/07/202210/31/202210/07/2022 48,106.59 01360 MISSIONSQUARE RETIREMENT 10072022M+B94718 6,918.0610/07/202210/07/2022 6,918.06 01340 NAVIA BENEFIT SOLUTIONS 10072022C94719 100.0010/07/202209/30/202210/07/2022 100.00 00068 COLMA PEACE OFFICER'S 1007202294720 652.1410/07/202210/07/2022 652.14 00130 EMPLOYMENT DEVELOPMENT DEPT2022-10-21B94722 14,634.3210/21/202210/21/2022 14,634.32 00521 UNITED STATES TREASURY 2022-10-21B94723 55,224.3710/21/202210/21/2022 55,224.37 00631 P.E.R.S. 2022-10-21B94724 47,269.6010/21/202210/21/2022 47,269.60 01360 MISSIONSQUARE RETIREMENT 2022-10-21B94725 6,442.3910/21/202210/21/2022 6,442.39 00068 COLMA PEACE OFFICER'S 2022-10-21B94726 652.1410/21/202210/21/2022 652.14 00282 CALIFORNIA PUBLIC EMPLOYEES' 100000016938352C10042022 6,408.0209/14/202210/31/202210/04/2022 6,408.02 Page: 9
Page: 10Check History ListingapCkHist
10:41AM Town of Colma11/02/2022
firstBank code:

Check # Date Vendor StatusClear/Void Date Amount PaidInvoice Inv. Date Check Total 00282 CALIFORNIA PUBLIC EMPLOYEES' 10072022M+BC10072022 73,622.8210/07/202210/31/202210/07/2022 73,622.82 1,200,082.18first Total:

Total Checks:checks in this report162 1,200,082.18
Page: 10
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: November 9, 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 THE FINDINGS AND DETERMINATIONS MADE IN RESOLUTION NO. 2021-33 AND UNDER ASSEMBLY BILL 361 FOR THE CONTINUATION

OF VIRTUAL MEETINGS, WITH ACKNOWLEDGMENT THAT THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH HAS UPDATED THE DEFINITION OF “CLOSE CONTACT” IN REGULATION 3205 FROM BEING WITHIN 6 FEET OF ANOTHER PERSON TO SHARING THE SAME INDOOR SPACE WITH ANOTHER PERSON FOR 15 MINUTES OR MORE, WHICH FURTHER SUPPORTS THE FINDINGS.

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 telephonically 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 Item #3
Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 2 of 3 • 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 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 loc al 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 remote 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 Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 3 of 3 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 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 Conflict of Interest Code Amendment Page 1 of 2

STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Caitlin Corley, City Clerk
Christopher J. Diaz, City Attorney
VIA: Brian Dossey, City Manager
MEETING DATE: November 9, 2022
SUBJECT: Conflict of Interest Code Amendment

RECOMMENDATION
Staff recommends that the City Council adopt:

RESOLUTION ADOPTING AN AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974

EXECUTIVE SUMMARY
Pursuant to the Political Reform Act (the “Act”), staff: (1) conducted a review of the Town’s Conflict of Interest Code (“Code”) to determine if a change in the Code was necessary; (2) will file or filed a biennial notice regarding the results of the review no later than the required deadline; and (3) is recommending that the City Council amend the Code pursuant to the Act.

During the review process, staff found that amendments to the Town’s Conflict of Interest Code were necessary to include new positions that must be designated , revise disclosure categories and delete positions that have been abolished and/or positions that no longer make or participate in making governmental decisions. A redlined version of the proposed amended Code is attached.

FISCAL IMPACT
Adoption and implementation of this amended Conflict of Interest Code will not have a material impact on the Town’s finances.

BACKGROUND AND ANALYSIS
The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their Codes as necessary when directed by the code- reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). As the Town’s code-reviewing body, the City Council directed that the Code be reviewed as required under the Act. During this review, staff found that amendments to the Code are Item #4
Staff Report re Conflict of Interest Code Amendment Page 2 of 2 necessary to include new positions that must be designated. Such amendments are required to be approved by the City Council as the Town’s code-reviewing body.

In the time since the last Conflict of Interest Code amendment, the following three positions have been created: Executive Assistant to the Police Chief, Management Analyst, and Recreation Manager. The job description s for these position s indicates that these employees will be participating in Town -wide policy development, evaluating situations and making recommendations to potential decision makers, and generally working to develop new policies and procedures. On this basis, it has been d etermined that these employees will be involved in the making, or will be participating in the making, of governmental decisions such that designating the positions is recommended under the terms of the Political Reform Act.

The Deputy City Clerk position has been vacant for many years with no plan to be filled , and it should therefore be removed from the list of designated positions.

Council Adopted Values

Adopting an amended Conflict of Interest Code is a
responsible decision because it ensures that
all Town employees are properly reporting all financial interests consistent with the requirements of the Political Reform Act.

CONCLUSION
Staff recommends the City Council adopt the resolution.

ATTACHMENTS
A. Resolution with Legislative version of proposed amended Conflict of Interest Code showing changes made
25977.17000\40787379.1
Res. 2022-xx, Colma Conflict of Interest Code Page 1 of 2

RESOLUTION NO. 2022-XX

OF THE CITY COUNCIL OF THE TOWN OF COLMA
R

ESOLUTION ADOPTING AN AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
The City Council of the Town of Colma hereby resolves:

1. Recitals and Background.
(a) The Legis lature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the Town of Colma (the “Town”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and
(b) The City Council adopted a Conflict of interest Code (the “Code”) which was amended on September 14, 2016, in compliance with the Act; and
(c) Subsequent changed circumstances within the Town have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the the Town’s Code; and
(d) The potential penalties for violation of the provisions of the Act are significant and may include criminal and civil liability, as well as equitable relief which could result in the Town being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
(e) Notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Conflict of Interest Code was provided each affected designated position and publicly posted for review; and (f) A public meeting was held upon the proposed amended Conflict of Interest Code at a regular meeting of the City Council on November 9, 2022 , at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code.

2. Order.
(a) This City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying during regular business hours. 3 . Effective Date.
(a) Said amended Code shall become effective immediately upon the date of its adoption and approval.

Attachment A
25977.17000\40787379.1

Res. 2022-xx, Colma Conflict of Interest Code Page 2 of 2

Certification of Adoption
I certify that the foregoing Resolution No. 2022- was duly adopted at a regular meeting of the City Council of the Town of Colma held on November 9, 2022, by the following vote:

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

Voting Tally

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk
25977.17000\40787159.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
BBK – August 2016 October 2022

LEGISLATIVE VERSION
(SHOWS CHANGES MADE)

CONFLICT OF INTEREST CODE
OF THE

TOWN OF COLMA
Exhibit A
25977.17000\40787159.2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
BBK – August 2016 October 2022
1 CONFLICT OF INTEREST CODE
OF THE

TOWN OF COLMA
(Amended September 14, 2016 November 9, 2022)
The Political Reform Act (Gov. Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes.

The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 (http://www.fppc.ca.gov/index.php?id=496) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Town of Colma (the "Town").

All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the Town’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council, the City Manager, the City Attorney and the City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) 25977.17000\40787159.2
APP A-1- BBK – August 2016 October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

TOWN OF COLMA
(Amended September 14, 2016 November 9, 2022)
PART “A”
The Mayor, Members of the City Council, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the Town’s Code but must file disclosure statements under Government Code section 87200 et seq.). [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are officials who manage public investments.1 These positions are listed here for informational purposes only.

Investment Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. 25977.17000\40787159.2
APP A-2- BBK – August 2016 October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Administrative Services Director 1, 2
Administrative Technician III 5
Assistant City Engineer 2, 3, 5, 6
Building Inspector 6
Building Official 2, 6
Chief of Police 5, 6
City Attorney (not filing under GC 87200) 1, 2
City Clerk 5
City Engineer 1, 2
City Planner 1, 2
Communications/Dispatch Supervisor 5
Deputy City Clerk 5
Deputy City Planner 2, 3, 5, 6
Deputy Public Works Director 1, 2
Director, Public Works and Planning 1,2
Executive Assistant to the Chief of Police 5
Human Resources Manager 5
Labor Negotiator 5
25977.17000\40787159.2
APP A-3- BBK – August 2016 October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP
Management Analyst 5
Maintenance Technician III 5
Police Commander 5
Police Sergeant 5
Principal Planner 2, 3, 5, 6
Public Works Supervisor 5
Recreation Coordinator 5
Recreation Manager 5
Senior Planner 2, 3, 5, 6
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.).

DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
25977.17000\40787159.2
APP B-1- BBK – August 2016 October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP
PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she the designated is assigned. 3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the Town.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the jurisdiction of the Town.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the Town , including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the Town.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the Town.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
S

TAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Farhad Mortazavi, APA, City Planner
VIA: Brian Dossey, City Manager
MEETING DATE: November 9, 2022
SUBJECT: Approval of New Office Building - 1850 El Camino Real R

ECOMMENDATION
Staff recommends that the City Council adopt:

RESOLUTION APPROVING CONDITIONAL USE PERMIT, PROJECT DESIGN REVIEW, AND TREE PERMIT FOR AN OFFICE BUILDING LOCATED AT 1850 EL CAMINO REAL

PURSUANT TO A PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION

EXECUTIVE SUMMARY
The applicant is seeking to reinstate entitlements to construct a new 9,592 square foot three- story, office building built over a one-level at-grade parking podium, on the 0.27-acre project site located at 1850 El Camino Real (the “Project”). The Project was first approved on July 11, 2013 pursuant to Resolution 2013-27 and Ordinance No 725. The Project was approved a second time after the previous entitlements expired on May 22, 2019 pursuant to Resolution 2019-26.

FISCAL IMPACT
The Town will experience a slight fiscal benefit from increased property tax revenue; from the businesses that locate in the building ; and possibly from employees who w ill patronize other local businesses.

BACKGROUND AND PROJECT DESCRIPTION
The City Council approved the Project on July 11, 2013. Ordinance 725 rezoned the property to Planned Development (PD). The development standards for the PD zoning are specific to the site and match the proposed development plans for the property. The zoning remains in place and does not expire. Resolution #2013-27 granted the project approval and imposed conditions of approval. The conditions noted that the approval would expire within one year unless extensions were requested . Two staff level extensions of the approval were reque sted and granted, however, the last extension expired on July 11, 2018 . Consequently, the applicant again sought the City Council’s approval of the Project on May 22, 2019 , and again, the City Item #5
Staff Report - 1850 ECR - CUP, Tree Permit, Design Review Permit Page 2 of 7 November 9, 2022

Council approved the Project pursuant to the adoption of Resol ution 2019-26. That approval again noted that it would e xpire within one year unless extensions were requested. As no formal extensions were requested within the one-year period, the approvals again expired. On September 28, 2022 the T own received a reque st b y the applicant to renew the expired approval to allow for the construction of the Project. Staff is bringing this item back to the City Council for consideration of approval of the Project which essentially amounts to reinstating the prior approvals that have since expired. The Project proposed is the same as that previously approved on May 22, 2019.

The 1850 El Camino Real project site is located on California State highway 82 (El Camino Real) just south of where Mission Road and El Camino Real conv erge, near the southern edge of Colma. The site was previously zoned Executive/Administrative/Design Review (E/DR) and is currently zoned PD to accommodate the proposed project . Surrounding uses include multi - tenant commercial public storage facilities to the north and to the east, residential to the west (Winston Manor in South San Francisco), and vacant land to the south.

Currently, the site is a dirt and gravel /asphalt lot. There are no existing structures on site, only a concrete pad whe re a building o nce stood, with no existing driveway ingress/egress. The fenced project site has been vacant for many years, and the last tenant was a roofing contractor’s office and storage. The existing site is irregularly shaped and located in terrain with slopes exceeding 10%. The site measures 198+/- feet in width and has an average depth of 56+/- feet from the front property line along El Camino Real to the east side of the lot.

As shown on the plans, t he applicant is proposing a three-story office building. The plans are the same as the plans approved on May 22, 2019. The project will have 23 parking spaces which will be located along the driveway and under the building. Access to the site will be right- turn in and right-turn out due to the configuration of El Camino Real in front of the project site and has been approved by CalTrans. Because on-site parking is limited by the small size of the property, staff is recommending that restrictions be imposed regarding the types of uses for the property and the total number of employees that may be on the property. The building will be appropriate for lower intensity office uses, or office uses that also require inventory storage.

The building would not be appropriate for higher int ensity office or medical office uses du e to the limited on -site parking, no street parking, and so as not to impact parking in the Winston Manor neighborhood.

Since the project site is down -sloping, retaining walls and grading are required to create the driveway and a parking pad. The front port ion of the site along El Camino Real will be graded down, and a retaining wall of approximately 10 feet in height will extend parallel to El Camino Real (the retaining wall will not be visible since it will be below El Camino Real). The lower half of the site will include a retaining wall that will raise the height of the site at the rear property line by approximately 10 feet. Grading is estimated at 1,131 cubic yards of cut material and about 888 cubic yards of fill material. Approximately 275 cubic yards of material will be exported from the site.

There are three redwood trees next to the Public Storage building, just north of the project site.

Construction of the retaining walls will be within the root zones of the trees. An arborist report was prepared making recommendations on working within the root zone of the trees.

Conditions are recommended that will require arborist monitoring and reporting during construction.

Staff Report - 1850 ECR - CUP, Tree Permit, Design Review Permit Page 3 of 7 November 9, 2022

The project includes a landscape str ip in front of the building, along with a walkway that will extend from the existing sidewalk to the south to the edge of the driveway. There is no sidewalk from the project site south into South San Francisco. Trash and recycling containers will be in a covered area next to the entrance drivew ay retaining wall and will not be visible from El Camino Real.

ANALYSIS

Mitigated Negative Declaration

The original application was reviewed pursuant to the requirements of the California Environmental Quality Act (CEQA), and pursuant to Section 15070 of the State CEQA Guidelines. Staff prepared and circulated for a 20-day comment period a proposed Mitigated Negative Declaration (MND) for the project. The City Council considered and adopted a Mitigated Negative Declaration which found that the Project will not have a significant effect on the environment, provided that mitigation measures are implemented. The consideration of the current Project does not require a subsequent, supplemental, or an addendum to the previously adopted Mitigated Negative Declaration as detailed in CEQA Guidelines 15162, 15163, and 15164. This has been determined as there is no evidence in the record that (1) substantial changes are proposed for Project that will require major revisions of the MND, (2) substantial changes will occur with respect to the circumstances under which the Project will be undertaken that will require major revisions in the MND, or (3) new information, which was not known and could not have been known when the MND was adopted, has become available. Based on the foregoing, the Town hereby finds that none of the circumstances requiring preparation of a subsequent, supplemental or addendum to the MND are triggered.

Mitigation Measure AES-1: The applicant shall submit a lighting plan for review and approval of the Planning Department.

Mitigation Measure AIR-1: The following construction practices shall be implemented during grading operations:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).

Clear signage reminding workers to shut off equipment shall be provided at all access points.
f. All construction equipment shall be maintained and properly tuned, in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

Staff Report - 1850 ECR - CUP, Tree Permit, Design Review Permit Page 4 of 7 November 9, 2022

g. Post a publicly visible sign with the telephone number and person to contact at the Town of Colma regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Mitigation Measure BIO-1: The following shall be implemented during excavation operations for the retaining wall to be constructed along the northern edge of the property site:
a. A tree permit from the Town for tree protection mitigation shall be obtained prior to beginning excavation.
b. A licensed Arborist shall oversee the site excavation for the retaining wall, to ensure no damage to the trees occurs, and a subsequent report shall be submitted to the Town by the arborist detailing the excavation for the retaining wall and documenting measures that were taken to ensure the health and protection of the trees during the construction.
c. Pier holes for the retaining wall shall not be closer than 6 feet to any of the trees. d. Roots larger than two (2) inches in diameter shall be cut cleanly to prevent root dieback to the main trunk.

Mitigation Measure GEO-1: Retaining walls located on the site will be designed to resist lateral earth pressures plus additional lateral pressures that may be caused by surcharge loads applied at the ground surface behind the walls. The walls will also be designed to resist an additional uniform pressure. The Geotechnical Engineer shall review and certify the civil and structural plans for the retaining walls and the building.

Mitigation Measure HWQ-1: As part of the building permit plan review, the plans shall include a design for an alternative drainage system should the primary percolation system become overburdened or fail during a rain event. Alternatives may include either a gravity drainage system or redundant pumping system with backup power.

Mitigation Measure NOI-1: Construction and material deliveries shall be limited to the hours of 7:00 AM -8:00 PM, Monday through Friday, with weekend and holiday hours from 10:00 AM and 6:00 PM. Due to potential traffic and noise considerations, grading activities shall occur only between 9:00 AM and 4:00 PM, Monday through Friday only (no weekend grading). Modifications to construction hours for interior work (but not for exterior construction or grading activity) may be approved by the Town’s Building Official.

There is no substantial evidence in support of a fair argument that the proposed project will have a significant, adverse impact on the environment with mitigation measures proposed.

Cond iti onal Use Permit
As stated in the attached resolution, the Conditional Use Permit sets the parameters and conditions for new office uses and specifies the types of offices that will be permitted and the types that would require an Administrative Use Permit or amended Conditional Use Permit. As stated above, office types will need to be limited to those that do not generate frequent customer visits.

Staff Report - 1850 ECR - CUP, Tree Permit, Design Review Permit Page 5 of 7 November 9, 2022

The Conditional Use Permit would specify that future occupancy of the proposed office building would be restricted to specified types of professional offices where professional or technical business services are offered, or where only the administrative or management functions of a business are performed. The former category would include offices used for the practice of law, architecture, engineering, accounting, consulting, escrow/title/notary public, and real estate, or for performing only the administrative or management functions of another business. The resolution authorizes the Zoning Administrator to grant an Administrative Use Permit for any use that is substantially similar to the above list.

Surrounding uses include multi-tenant commercial public storage facilities to the north and to the east, residential to the west, and vacant land to the south. The existing uses will not be affected by the proposed project which allows for various types of professional offices. Each application for a new office use at 1850 El Camino Real would be evaluated subject to conditions of approval found in the Master Conditional Use Permit. Therefore, existing property uses, large or small, would not be detrimentally affected by the proposed Conditional Use Permit.

Granting of a Conditional Use Permit will not constitute a grant of special privilege inconsistent with the limitations imposed by the Zoning Ordinance. Allowing a new office use at 1850 El Camino Real is consistent with the Zoning Ordinance and General Plan.

Approval of the proposed Conditional Use Permit would not constitute a nuisance, because parameters and conditions for new office uses set by the Conditional Use Permit would ensure no office use on site would constitute a nuisance to neighboring persons or properties.

Parking for employees and customers for this project is limited. The number of on-site parking spaces, 23, is the minimum number required by the Colma Municipal Code for this project.

Parking is not allowed on El Camino Real near the project site, and across the street is a residential neighborhood with limited parking for residents and guests. To ensure that the supply of on-site parking spaces is adequate to accommodate the demand for parking, uses shall be limited to those which typically do not generate frequent visits by customers or visits by multiple customers at or about the same time, and do not require for there to be more than three (3) employees onsite, per office use, at any given time. Use of the property shall be limited to professional and technical support offices. Use of the property for medical and dental offices shall be prohibited because those uses generate visits by many patients at the same time. For the same reason, the total number of employees working in the building at any given time shall be limited to twenty (20).

The conditions of approval also include that the Permittee shall maintain a true and accurate record of the total number of employees working for all tenants on the property, shall update that record once every three months during the first year of operation and then annually thereafter, and shall provide those records to the Town.

Design Review
The proposed building plans comply with the design criteria set out in Colma Municipal Code section 5.03.300 (b), which requires a Spanish/Mediterranean style. Elevations submitted to the Town by the applicant show building architecture for the proposed project includes Spanish- Staff Report - 1850 ECR - CUP, Tree Permit, Design Review Permit Page 6 of 7 November 9, 2022

Mediterranean elements, including arched openings, low-pitched tile roofs, stucco details, an entry trellis structure and balconies which help the building’ fenestration by minimizing flat walls. The exterior treatment of the building is a combination of stucco and brick. Trees, shrubs, flowers, and foundation plantings along the front façade of the building, along El Camino Real, complement the building architecture. Final details, materials and colors will require approval by staff prior to the issuance of a building permit.

The architectural, site, and landscape design of the proposed project is similar to that of additional sites along El Camino Real containing buildings and landscapes which incorporate Spanish/Mediterranean elements. Together, these sites achieve a consistent site, landscape, and building design theme for the Colma’s El Camino Real corridor. The proposed project will further extend a Spanish/Mediterranean theme to the Town’s southern border.

An encroachment permit from the California Department of Transportation is required for construction of the driveway ingress/egress on El Camino Real. The applicant was granted an encroachment permit for the ingress/egress design on April 11, 2012, that expired on December 30, 2012 and will need to be renewed. There is currently a line of pylons in the center of El Camino Real that prevent crossing over the center median. These pylons will remain. The driveway will be a “Y” configuration that will only allow for right turns in and right turns out of the property. Once onto the site, the driveway leads down a 5% grade ramp to parking below the building podium.

The Design Review portion of the attached resolution includes numerous conditions that will ensure compliance with local and state requirements to ensure that the project will be constructed and maintained in a safe and attractive manner. Also, adequate space for storage of standard containers for depositing trash and recyclable items awaiting pickup is provided.

The Permittee must subscribe to a regular refuse and recyclable items collection service (minimum pick-up of once per week).

Tree Permit
Alteration of three Coast Redwood trees’ root zones is required to allow for the construction of a proposed retaining wall to be located along the northern boundary of the project site, perpendicular to El Camino Real. The trees’ root zones will be altered by the earth excavation necessary for construction of the retaining wall. The retaining wall is essential to the project in order to provide necessary parking for the building.

A tree protection plan, prepared by a licensed arborist, was submitted to the Town by the applicant. The plan analyzed potential impacts to the trees and provided mitigation measures to minimize any impacts to the trees’ root zones during excavation and construction. The report determined pier holes for the retaining wall must not be closer than 6 feet to any of the trees.

The report also determined that roots larger than two (2) inches in diameter shall be cut cleanly to prevent root dieback to the main trunk.

The Town will require the arborist to oversee the site excavation for the retaining wall, to ensure no damage to the trees occurs. A subsequent report will be submitted to the Town by the arborist documenting that all necessary precautions and actions were taken during work within the root zone of the trees.

Staff Report - 1850 ECR - CUP, Tree Permit, Design Review Permit Page 7 of 7 November 9, 2022

Council Adopted Values
The recommendation is consistent with the Council value of fairness because the recommended decisions are consistent with how similar requests have been handled, and with the Council value of responsibility because the proposed application has been carefully reviewed and conditioned so that it will be consistent with adopted dev elopment policies and regulations, and compatible within its setting.

Sustainability Impact
The project will be consistent with the Climate Action Plan. The project is an infill project which will reuse a previously developed site. The building design will meet current building and energy code requirements. The project includes a state -of-the-art storm water system that will allow stormwater to percolate into the ground to recharge the local aquifer, improving existing site drainage. The project is also accessible by existing transit service (SamTrans ECR).

Alternatives
The following courses of action are available to the City Council:

1. Approve the Project with modified or additional conditions of approval. This Alternative may increase or reduce restrictions on the project to satisfy specific concerns.

2. Deny the Project. This alternati ve is not recom mended since the proposed use is consistent with the zoning and General Plan. This alternative would require the City Council to direct staff to return wit h a resolution of denial and would r equire that the Town make certain findings to deny the Project.

CONCLUSION
Staff recommends that the City Council adopt the resolution approving the Conditional Use Permit, Design Review, and Tree Permit for an office building located at 1850 El Camino Real.

ATTACHMENTS

A. Resolution Approving a Conditional Use Permit, Design Review, and Tree Permit for an Office Building at 1850 El Camino Real
B. Ordinance No. 725 Adopting an Amended Zoning Map and Approving a Planned Development Zone for 1850 El Camino Real.

C. Resolution 2013-17, Approving a Mitigated Negative Declaration for an Office Building Project at 1850 El Camino Real.

D. Resolution 2013-27, Approving a request for a conditional use permit, project design, and tree permit for an office building at 1850 El Camino Real E. Project Plan Set (11”x17” set)
F. Adopted Mitigated Negative Declaration
G. Project Mitigation Measures

Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 1 of 17 November 9, 2022
RESOLUTION NO. 2022-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA
R

ESOLUTION APPROVING CONDITIONAL USE PERMIT, PROJECT DESIGN REVIEW, AND TREE PERMIT FOR AN OFFICE BUILDING AT 1850 EL CAMINO REAL PURSUANT

TO A PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION
1 . Background
This following proceedings occurred at the time of original project approval:
(a) On September 28, 2022 , the Town received an application from 1850 El Camino Real Associates LLC (the “Applicant”) for approval of a Conditional Use Permit, Design Review, and Tree Permit for an office building at 1850 El Camino Real (Assessor’s Parcel Number: 010-142-130).
(b) As noted in the staff report for this item, this site previously obtained entitlements for a Conditional Use Permit, Design Review, and a Tree Permit in both 2013 and 2019 pursuant to Resolution Nos. 2013 -27 and 2019 -26, including a Planned Development pursuant to the adoption of Ordinance No. 725. The entitlements associated with Resolution Nos. 2013-27 and 2019-26 have since expired and the Applicant is seeking to reinstate the entitlements.
(c) A public hearing was held on this matter on November 9, 2022, and evidence was taken at the public hearing
(d) (j) The City Council has considered the previously adopted Mitigated Negative Declaration for the project, the project plans, staff report and evidence presented at the public hearing and hereby finds as follows:

2. Findings
The City Council finds that:

Findings Related to CEQA
(a) The original application was reviewed pursuant to the requirements of the California Environmental Quality Act (CEQA), and pursuant to Section 15070 of the State CEQA Guidelines. Staff prepared and circulated for a 20-day comment period a proposed Mitigated Negative Declaration (MND) for the project. On July 11, 2013 City Council adopted a Mitigated Negative Declaration which found that the proposed project will not have a significant effect on the environment, provided that mitigation measures are implemented (Resolution #2013-17). The consideration of the current Project does not require a subsequent, supplemental, or an addendum to the previously adopted Mitigated Negative Declaration as detailed in CEQA Guidelines 15162, 15163, and 15164. This has been determined as there is no evidence in the record that (1) substantial changes are proposed for Project that will require major revisions of the MND, (2) substantial changes will occur with respect to the circumstances under which the Project will be undertaken that will require major revisions in the MND, or (3) new information, which was not Attachment A
Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 2 of 17 November 9, 2022
known and could not have been known when the MND was adopted, has become available. Based on the foregoing, the Town hereby finds that none of the circumstances requiring preparation of a subsequent, supplemental or addendum to the MND are triggered.

Findings Related to the Conditional Use Permit
(b) The proposed Conditional Use Permit will be consistent with the provisions of the Colma General Plan and Zoning Ordinance.

Discussion: Under the Town’s General Plan, the subject property is designated for Executive/Administrative use, and a Land Use Element policy (Colma Administrative Code section 5.02.342) encourages the development of professional offices in the Executive/Administrative land use area along El Camino Real. The property has a zoning of Planned Development (Administrative Office)/Design Review – PD/DR that was rezoned to accommodate the proposed development. The project will be consistent with the General Plan and zoning.

Under this Use Permit, future occupancy of the proposed office building would be restricted to specified types of professional offices where professional or technical business services are offered or where only the administrative or management functions of another business were performed.
(c) Granting the Conditional Use Permit will not be detrimental to the public health, safety or public welfare, or materially injurious to properties or improvements in the vicinity.

Discussion: Each new office use proposal for this project would require its own review and will requires it to be in compliance with this finding. The new office would set the parameters and conditions in the process of with an Administrative U se Permit or amended Conditional Use Permit review. None of the types of office uses for which an Administrative or an amendment Permit may be granted, as limited by the conditions of approval, would be detrimental to the public health, safety, or welfare. (d) Existing property uses, large or small, would not be detrimentally affected by the proposed Conditional Use Permit.

Discussion: Adjacent land uses include multi-tenant commercial public storage facilities to the north and to the east, and vacant land to the south. All other nearby land uses are restricted in access by El Camino Real for any detrimental affect by this proposal (i.e., residential neighborhood across El Camino Real, and the RV park south of the property) The existing uses adjacent and nearby uses will not be affected by the proposed project which allows for various types of professional offices. Each application for an office use at 1850 El Camino Real not explicitly permitted by the Conditional Use Permit (see (3)(b)) would be evaluated on an individual basis and subject to conditions of approval found in the Conditional Use Permit and additional conditions of approval, as necessary.

Therefore, existing property uses, large or small, adjacent or nearby, would not be detrimentally affected by the proposed Conditional Use Permit.

Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 3 of 17 November 9, 2022
(e) The granting of a Conditional Use Permit will not constitute a grant of special privilege inconsistent with the limitations imposed by the Zoning Ordinance on the existing use of properties, large or small, within the Town of Colma.

Discussion: Granting of a Conditional Use Permit will not constitute a grant of special privilege inconsistent with the limitations imposed by the Zoning Ordinance. Other land- uses in the area (on Mi ssion and El Camino Real) have been granted Use Permits.

Allowing a new office use at 1850 El Camino Real provides no special privilege and is consistent with the area’s land use permits in addition to being in consistent with Zoning Ordinance and General Plan.
(f) The Conditional Use Permit would not constitute a nuisance to neighboring persons or properties.

Discussion: Approval of the proposed Conditional Use Permit would not constitute a nuisance, because each application for a new office use at 1850 El C amino Real not explicitly permitted by the Conditional Use Permit (see (3)(b)) would be evaluated to assure that it will not constitute a nuisance. Parameters and conditions for new office uses set by the Conditional Use Permit would ensure no office use on site would constitute a nuisance to neighboring persons or properties. As discussed previously, granting of the Use Permit will not affect the adjacent northerly public storage facility and the vacant parcel to the south. All other nearby properties ar e limited, by access, from and to the project site, and the granting the Use Permit will not adversely affect the neighboring persons or properties. T herefore, the project would not constitute a nuisance to neighboring persons or properties.
(g) The Use Permit limits the types of uses for the property and the number of employees allowed on site because there are a limited number of on -site parking spaces and no adequate off-site parking.

Discussion. Parking for employees and customers for this project is extre mely limited.

The number of on-site parking spaces, 23, is the minimum number required by the Colma Municipal Code for this project. Parking is not allowed on El Camino Real near the project site, and across the street is a residential neighborhood with limited parking for residents and guests. To ensure that the supply of on -site parking spaces is adequate to accommodate the demand for parking, conditions on the types of uses and the number of employees working in the building are needed.

Uses must be limited to those which typically do not generate frequent visits by customers or visits by multiple customers at or about the same time, and do not require for there to be more than three (3) employees onsite at any given time. Thus, a condition limiting the use of the property to professional and technical support offices is needed. Such a condition would, for example, prohibit the use of the property for medical and dental offices because those uses generate visits by many patients at the same time, as well as frequent visits by patients.

For the same reason, the total number of employees working in the building at any given time would be limited to twenty (20).

Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 4 of 17 November 9, 2022
Findings Related to Tree Permit
(h) It is necessary to alter trees to improve the property.

Discussion. Alteration of three Coast Redwood trees’ root zones is required to allow for the construction of a proposed retaining wall to be located along the northern boundary of the project site, perpendicular to El Camino Real. The trees’ root zones will be altered by the earth excavation necessary for construction of the retaining wall. The retaining wall is essential to the project in order to provide necessary parking for the building.

The City Planner has also considered the other factors articulated in the Municipal Code for issuing a tree permit and has concluded the following:
• That alteration of the tree roots is not necessary because of disease, or any hazard or interference, but rather is solely for improvement to the property. • The alteration of the tree roots, in consultation with an arborist, will maintain the trees, and thus no impact to the topography of the land, or to wind protection, soil erosion, or increased flow of surface water will occur with the issuance of this permit.
• The alteration of the tree roots, in consultation with an arborist, will maintain the trees, and thus no impact to privacy for the property or neighboring properties will occur with the issuance of this permit.
• The alteration of the tree roots, in consultation with an arborist, will maintain the trees, and thus no impact to the number of trees in the area, or to property values or the characteristic of the neighborhood will occur with the issuance of this permit.

Findings Related to Design Review
(i) The archit ectural, site and landscape design of the proposed project incorporates design elements adopted for the DR Zone.

Discussion: The standards adopted for the DR Zone generally address the use of Spanish/Mediterranean design elements for the construction of ne w buildings and structures, and for comprehensive site and landscape design. Building architecture for the proposed project includes Spanish -Mediterranean elements, including arched openings, a tile roof, stucco details, an entry trellis structure and balconies which help to minimize flat walls. The exterior treatment of the building is a combination of stucco and brick. Trees, shrubs, flowers, and foundation plantings along the front façade of the building, along El Camino Real, complement the building architecture. (j) The architectural, site and landscape design of the proposed project substantially reflects the intent of the DR zone to achieve a consistent site, landscape, and building design theme for the Town of Colma.

Discussion: The architectural, site and landscape design of the proposed project is similar to that of additional sites along El Camino Real containing buildings and landscapes which Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 5 of 17 November 9, 2022
incorporate Spanish/Mediterranean elements. Together, these sites achieve a consistent site, landscape, and building design theme for the Town of Colma. The proposed project will further extend a Spanish/Mediterranean theme to the Town’s southern border.

3. Conditional Use Permit and Design Review Granted
The City Council grants a Conditional Use Permit to use the property at 1850 El Camino Real, Colma, California (APN 010-142-130) for an office building, and approves the exterior design of the project, subject to the full and faithful performance of each of the general terms and conditions set forth in this Resolution and the following project-specific conditions:

General Condition
The Use Permit is valid for one year and will expire on November 9, 2023, if an associated building permit has not been issued. If this Use Permit is about to expire with no building per mit being issued by the expiration date, an application for one (1) year extension of the Use Permit shall be submitted to the planning department pursuant to Section 5.03.422 (b) of Colma Municipal Code prior to the expiration date.

Conditions Relating to Use of the Land
(a) The site at 1850 El Camino Real may be developed and used for a three - story office building having a total square footage not greater than 9,952 square feet, with -off-street parking for twenty-three (23) vehicles, including one space for disabled parking.

Any other use is prohibited.
(b) Only offices where professional or technical support services are offered, or where only the administrative or management functions of a business are performed are permitted by this Use Permit. Professional or technical support services include the practice of law, architecture, engineering, accounting, consulting, escrow services, title insurance, real estate brokerage services, funeral planning, computer support, records storage, and similar services.
(c) Pursuant to section 5.03.520 of the Colma Municipal Code, the Zoning Administrator is authorized to issue an Administrative Use Permit to allow any office use that is substantially similar to those listed in the preceding paragraph. (d) No more than twenty (20) emp loyees shall be allowed onsite at any given time, with documentation by the building owner prior to the Town approving a new business in the building.
(e) The Permittee shall maintain a true and accurate record of the total number of employees working for all tenants on the property, shall update that record once every three months during the first year of operation after the building is fully leased and then annually thereafter, and shall provide those records to the Town on an annual basis. (f) All work of the te nant’s business, except for loading and unloading of delivery vehicles, shall be conducted inside the building.

Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 6 of 17 November 9, 2022
(g) No hazardous materials shall be permitted or used onsite.

Conditions Relating to Design
(h) This approval is for the project presented in the Resubmittal of Project Plans entitled “1850 El Camino Real Associates LLC ” to the Planning Department date stamped March 22, 2019 , consisting of eighteen (13 ) sheets (A- 0 through A-12), prepared by P.

Whitehead and Associates, and on file in the office of the City Planner. All plans submitted for required permits and subsequent development, construction, operation and use on the site shall be in substantial compliance with these documents, subject to the ch anges and conditions set out herein.
(i) No area designated as storage or break room space on the Project Plans shall be converted to office space.
(j) Standard spaces shall be no smaller than 9’ wide and 18’ long and compact spaces shall be no longer 8’ by 16’. Disabled parking spaces shall meet ADA width and overhead clearance requirements. All parking spaces shall be served by an access aisle no smaller than 24’ wide. One parking space shall be designated for 20-minute parking. (k) Exterior colors and materials for the building must be consistent with plans submitted to and approved by the City Planner prior to the issuance of a building permit. (l) The building shall be provided with an address that is clearly visible from the roadway.
(m) Only paved walks, paved driveways, lawns, and landscaping shall be installed and maintained within the required setback area from El Camino Real. Paved walkways on the subject property shall be ADA compliant to point of entry into the building.

The applicant shall be required to record a c ovenant against the property requiring that the property owner shall dedicate a pedestrian access easement to either the Town of Colma or Caltrans in the event that an easement is required to provide continuous public access to and across the subject property to the property to the north or south. (n) Minor changes to the approved plans may be approved administratively by the City Planner or designee.
(o) Adequate space for storage of standard containers for depositing trash and recyclable items awaiting pickup shall be provided. The Permittee must subscribe to a regular refuse and recyclable items collection service (minimum pick-up of once per week).

Conditions Applicable to Grading, Drainage, and Storm Water Pollution Prevention (p) Hydrology. The Permittee shall submit a hydrology study prepared by a California-registered, qualified engineer for the City Engineer’s review and approval. The hydrology study shall include hydraulic calculations for pipe sizing of all drainage, sanitary sewer, and water facilities and shall identify the type of pipe to be used. The plans submitted for building permits shall incorporate all recommendations from the approved Hydrology Study and all construction shall comply with its recommendations. The Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 7 of 17 November 9, 2022
developer/applicant shall confirm the water table level in the aquifer by installing a temporary piezometer and submit this data as part of the plan review submittal. (q) Stormwater Drainage Analysis. Because the preliminary drainage plan dated 10/09/2012 submitted by the Permittee is relying on percolation into the subgrade as the primary method for handling stormwater runoff from impervious areas of the site, the Permittee shall develop a backup plan to handle stormwater flooding or ponding caused by storm events or an emergency. This should include either a gravity drainage system or redundant pumping system with backup power. Measures to limit the discharge rates to predevelopment conditions shall be incorporated into the design of the backup plan. (r)
Stormwater Treatment. The project shall comply with Provision C.3.i of the Municipal Regional Stormwater Permit (MRP) for stormwater treatment and Low Impact Development. Appropriate Site Design measures, Source Control measures and Construction Best Management Practices (BMP ’s) shall be designed and shown on the project plans in accordance with the Stormwater Requirements Checklist for Small Projects.

The checklist shall be submitted along with the project plans. The checklist can be found on the following website. (http://www.flowstobay.org/bs_new_development.php) (s)
Sewer System Analysis. The Permittee shall submit for the City Engineer’s review and approval an analysis of the location and adequacy of the lateral sewer connection. If using an existing lateral connection, the Permittee shall video inspect, clean, and repair (if needed) the lateral prior to any connection to the sewer main. Inspection reports shall be provided to the City Engineer for review and approval. The plans submitted for building permits shall incorporate all recommendations from the approved Hydrology Study and all construction shall comply with its recommendations. (t)
Geotechnical Exploration. Because the geotechnical report dated Jan 20, 2012, indicates that the site rests on Colma sand and all site water collected will be percolated into the sub-grade, the Permittee shall perform percolation test at the level of the basement to confirm that percolation rate is sufficient to meet the 100- year design storm. The plans submitted for building permits shall incorporate all recommendations from the approved Geotechnical Study and all construction shall comply with its recommendations.
(u)
Markings. On-site storm drain inl ets shall be marked with the words “No Dumping! Flows to Bay” or equivalent.
(v) Erosion Control. Project plans shall include a site-specific erosion and sediment control plan (ESC)and Construction Best Management Practices (BMP) plan sheet into the plan set. Erosion & Sediment Control Measures and Best Management Practices shall be implemented and maintained throughout the duration of construction. (w)
Maintenance Agreement for Stormwater Treatment Measures. The property owner shall enter into a Stormwater Treatment Measures Maintenance Agreement for the installation, construction, operation, maintenance, inspection, and reporting of any on-site stormwater treatment measures being incorporated into the project until the responsibility is legally transferred to another entity. The maintenance agreement shall be drafted to the Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 8 of 17 November 9, 2022
satisfaction of the City Engineer and the agreement shall be recorded at the County Recorder’s Office at the permittee’s expense.
(x) Runoff Across Property Lines Prohibited. Runoff shall not be allowed to flow across lot lines or across property boundaries onto adjacent private property without an easement being recorded by the permittee at no cost to the Town. (y)
Grading and Drainage Plan. The permittee shall submit a site Grading and Drainage Plan to the City Engineer for review and approval and obtain permit(s) prior to commencing any work on the project, including demolition or grading work. The Plan shall include all recommendations contained in the Final Soils and Geotechnical Report(s). The Plan shall be prepared by a licensed civil engineer and shall be approved by the project Soils Engineer.

Other On-Site Improvements
(z) Improvement Plans. The permittee shall submit complete Improvement Plans for all on -site and off- site improvements, designed , signed, and stamped by a registered Civil Engineer, to the City Engineer for review and approval prior to the issuance of engineering permits. The improvement plans shall incorporate the recommendations from applicable studies, including but not limited to a geotechnical exploration, hydrology study and/or soils report.
(aa) Required Landscaping. The Permittee shall install and maintain landscaping that is consistent with landscaping in the surrounding area, and screens parking areas. Low water use trees, shr ubs, and ground coverings shall be incorporated into the site’s landscaping. Exterior project lighting shall be designed to be the minimum required for security. Project lighting shall be directed downward so as to not impact motorists along El Camino Real or adjoining properties. Landscaping shall be primarily as shown in the Resubmittal of Project Plans entitled “1850 El Camino Real Associates LLC ” to the Planning Department date stamped February 15, 2013 , and May 30, 2013, consisting of eighteen (18) sh eets (A -1.1 through A -11, F -1, and T -1), prepared by Gustavo Rojas and P.

Whitehead and Associates, and on file in the office of the City Planner. (bb)
Trash Enclosure: Trash enclosure shall be roofed, enclosed, and connected to a sanitary sewer system. The developer shall confirm the elevation of the drain for the trash enclosure and the Town’s sewer main to ensure that the discharges from the drain will gravity flow to the main. If gravity flow is to be not feasible a sewer ejector system shall be submitted for review and approval.
(cc)
Final Site Circulation and Parking Plan. The permittee shall submit a Final Circulation and Parking Plan for review and approval by the City Planner prior to the issuance of building permits. The Plan shall detail the following:
(i) Circulation Signage. The Plan shall include design, text , and location for all signs including main entry sign, street signs, parking limitations, emergency access, fire lanes, and unit addresses. On-site signs shall include all signs necessary to minimize traffic back-ups onto public streets and to provide for the safe operation of vehicles within the site. Off-site signs Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 9 of 17 November 9, 2022
shall be provided where needed for a safe transition from existing off-site conditions to new on- site conditions. Subject to the approval of the City Engineer. (ii) Fire Lanes and Accessible Parking. The Plan shall identify signage, red curbs, and striping for all fire lanes and parking accessible to the disabled. The permittee shall post signs per 22658(a) CVC to allow removal of inappropriately parked vehicles. (iii) Parking Lot Lighting. The Plan shall include details for parking lot lighting, including the location and design of pull boxes, vaults, conduits, wiring, fixtures, foundations, and connections to the PG&E primary system. The Plan shall include a photometric plan showing the location of lighting fixtures and resulting intensity at all parts of the site. The parking lot lighting shall provide an illumination level of one -foot candle minimum maintained at ground level with photocell control. Fixtures must be shielded so they do not cause glare on adjacent properties nor conflict with motorist visibility on public rights- of-way. All Exterior Lighting Systems shall comply with the requirements of the California Code of Regulations Title 24, Part 6 – Energy Conservation.
(iv) Bollards, Protective Devices. The permittee shall install and maintain bollards or other devices approved by the City Engineer at [identify location/ site or building feature] that are exposed to moving vehic les in order to protect the [location/ site or building feature] against collision damage. The location of bollards shall not reduce the minimum required width of driving aisles (24’) and fire lanes (20’).
(v) Employee Parking. The Plan shall detail the step s that tenants will be required to take to ensure that employees will utilize the employee parking and not use on-street parking.
(dd)
Conversion of Parking Spaces Prohibited . The parking spaces required by the approved building shall not be converted to any other use without the approval of the City Planner.

Infrastructure, Utilities, and Dedications
(ee) Sanitary Sewer. The permittee shall install the sanitary sewer connection in accordance with the Department of Public Works approved standards and pay the applicable sewer connection fee.
(ff) Utility Undergrounding. All utility lines serving the project site shall be placed underground. Existing power poles and overhead lines along the project frontage shall be removed and all utility lines placed underground.
(gg) Design of Public Improvements. All public improvements including [grading/ drainage/ driveways/ curbs/ gutters/ sidewalks/ lighting/ planting/ street resurfacing] shall be designed in accordance with the Town of Colma standard details and specifications, to the satisfaction of the City Engineer. Since the Town’s jurisdictional boundary ends at the front property line, all required approvals and plans are also required to be reviewed and approved by the City of South San Francisco and CalTrans prior to Town of Colma permit issuance.

Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 10 of 17 November 9, 2022
Financial Guarantees
(hh) The Permittee must post a security bond, cash deposit or letter of credit in an amount not less than 100% of the estimated cost of all off- site and/or on-site public improvements to guarantee to the Town the faithful performance of all work and all conditions contained or described in the Permit. The financial guarantee shall also include a two-year maintenance provision that provides for 10% of the bond to be held for two years to make any repairs or corrections to the public improvements identified within two years of the improvements being accepted as complete by the City. The estimated cost of the off-site public improvements shall be determined by the City Engineer, and the security must be in a form reasonably satisfactory to the City Attorney.

Conditions Applicable to Construction Activities
(ii) Traffic Control Plan and Encroachment Permit. The permittee shall submit a copy of the Caltrans Encroachment Permit for construction of the driveway ingress/egress on El Camino Real and a Caltrans approved Traffic Control Plan to the City Engineer for review prior to commencing any work on the project, including demolition or grading work.

No more than one driveway may be built providing access from El Camino Real. The driveway shall only allow for right turns in and out of the property . The plan shall include feasible Caltrans approved traffic calming measures and devices to address traffic hazards in the vicinity of the project site.
(jj)
Construction Plans. The conditions of approval shall be reproduced on the first page of the plans submitted for demolition, grading or building permits. Additional pages may be used if necessary. At least one copy of the stamped approved plans, along with the Approval Letter and Conditions of Approval and/or mitigations, shall be available for review at the job site at all times.
(kk)
Use of Temporary Power Poles. Applicant shall use temporary power poles instead of generators where feasible.
(ll) Posting of Construction Information. Prior to commencing any work on the project, including demolition or grading work, the permittee shall post on the project site in clear view of the public right -of-way, a sign indicating the hours of construction and a phone number of the permittee to call for noise complaints. (mm) Staking of Property Boundaries and Building Corners. Prior to commencing any work on the project, the permitt ee shall have the property boundaries staked by a California-licensed land surveyor or a California- registered qualified engineer. For new buildings, the written verification that the placement of the retaining walls and building comply with the approved site plan, prepared by a California- licensed surveyor or civil engineer licensed to practice surveying, shall be submitted and found acceptable by the Building Official prior to pouring of any foundation.
(nn) Permitted Grading Season. Grading work shall be li mited to the period between April 15 and October 1 unless an alternative schedule is approved in writing by the City Engineer in conjunction with the approval of an Erosion and Sediment Control Plan.

Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 11 of 17 November 9, 2022
(oo) Approved Haul Route. The permittee shall submit proposed haul route from Highway 280 to the project site, which route shall be subject to review and approval by the City Engineer. All contractors and suppliers shall be advised to use the approved haul route in moving materials and equipment to and from the project site. (pp)
Repairs to Public Improvements. The permittee shall be responsible for the cost of repairs to any improvements within the public right-of-way that are damaged during construction. The permittee shall submit documentation of the existing condit ion of the approved haul route and the public improvements along the project’s frontage, including but not limited to trees, tree grates, signs, light poles, drainage inlets, curbs, gutters, etc. to the satisfaction of the City Engineer prior to issuance o f a grading or building permit.

This survey shall be submitted to the City Engineer for review and approval. All damage shall be repaired to the satisfaction of the City Engineer at no cost to the Town prior to approval of final occupancy. Notwithstanding for the foregoing, all damage that is a threat to public health or safety, as determined by the City Engineer, shall be repaired immediately.
(qq)
Storage of Materials in Public Roadway. No materials or equipment shall be stored on the improved portion of any public roadway at any time. (rr) Litter Control. Prior to the end of each work day during construction, the contractor or contractors shall pick up and properly dispose of all litter resulting from or related to the project, whether located on the property, within the public rights-of-way, or properties of adjacent or nearby neighbors.
(ss)
Reduce Particulate Emissions. To reduce particulate matter emissions during project demolition and construction phases, the permittee shall require the construction contractors to comply with the dust control strategies developed by the Bay Area Air Quality Management District (BAAQMD) and shall include in construction contracts the following requirements:
(i) Cover the load area of all trucks hauling construction and demolition debris from the site;
(ii) Water all exposed or disturbed soil surfaces at least twice daily; (iii) Use watering to control dust generation during demolition of structures or break-up of pavement;
(iv) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved parking areas, staging areas, and areas used for vehicle access within the site; (v) Sweep daily (with water sweepers) all paved parking areas and staging areas during the earthwork phases of construction;
(vi) Provide daily clean-up of mud and dirt carried onto paved streets from the site;
Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 12 of 17 November 9, 2022
(vii) Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.);
(viii) Limit traffic speeds on unpaved roads to 15 mph; (ix) Install and maintain sandbags or other erosion control measures to prevent silt runoff to public roadways; and
(x) Replant vegetation in disturbed areas as quickly as possible. (xi) Reduce Air Pollutants Related to Vehicle Operation (tt) The Permittee shall ensure that the contractors shall implement measures to reduce the emissions of pollutants generated by heavy-duty diesel-powered equipment operating at the Project Site during project demolition, excavation and construction phases.

The permittee s hall include in construction contracts the following requirements or measures shown to be equally effective:
(i) Keep all construction equipment in proper tune in accordance with manufacturer’s specifications;
(ii) Use late model heavy -duty diesel-powered equipment at the Project Site to the extent that it is readily available in the San Francisco Bay Area; (iii) Use diesel -powered equipment that has been retrofitted with after - treatment products (e.g., engine catalysts) to the extent that it is readily available in the San Francisco Bay Area;
(iv) Use low-emission diesel fuel for all heavy-duty diesel-powered equipment operating and refueling at the Project Site to the extent that it is readily available and cost effective in the San Francisco Bay Area (this does not apply to diesel-powered trucks traveling to and from the site);
(v) Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that the equipment is readily available and cost effective in the San Francisco Bay Area; (vi) Limit truck and equipment idling time to five minutes or less; (vii) Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible. (uu) Air Quality Provisions in Contractor Agreements. The permittee shall incorporate the following practices into the construction documents to be implemented by the project contractor, and submit evidence of compliance to the City Planner for approval prior to the issuance of any construction permit, including a grading permit. The physical separation between noise generators and noise receptors shall be maximized. Such practices include, but are not limited to, the following measures:

Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 13 of 17 November 9, 2022
(i) Use heavy -duty mu fflers for stationary equipment and barriers around particularly noisy areas of the site or around the entire site; (ii) Use shields, impervious fences, or other physical sound barriers to inhibit transmission of noise to sensitive receptors;
(iii) Locate stationary equipment on portions of the project site distant from nearby residential areas to minimize noise impacts on the community; (iv) Minimize backing movements of equipment;
(v) Select and use the quieter from among available construction equipment whenever possible;
(vi) Use noise-reducing pile driving techniques, such as pre -drilling pile holes (if feasible, based on soils) to the maximum feasible depth, installing intake and exhaust mufflers on pile driving equipment, vibrating piles into place when feasible, and installing shrouds around the pile driving hammer where feasible; and
(vii) Prohibit pile driving on weekends and restrict pile driving during the weekdays to between 7:00 a.m. and 6:00 p.m.
(vv) Will-Serve Letters. The permittee shall provide copies to the City Engineer of “will-serve” letters from all utility companies that will provide utilities to the project. (ww) Temporary Construction Easement(s). On the preliminary plans, the retaining walls for the building are shown to be constructed directly adjacent to the property line. The Permittee shall obtain a Temporary Construction Easement from adjacent/affected property owners for construction of the site retaining walls.

Maintenance Agreement
(xx) Landscape and Property Maintenance Agreement. The permittee shall enter into a Landscape and Property Maintenance Agreement binding on heirs and successors for an ongoing program of property maintenance in accordance with the Town of Colma’s property maintenance standards. The agreement shall include remedies exercisable by the Town in the event of default. The agreement must be in recordable form and approved by the City Planner and City Attorney prior to final inspection.

Colma Fire District Conditions
(yy) Fire Prevention. The permittee must comply with all Colma Fire District requirements including,
(i) All second emergency exits must be direct from the office space to the exit door on all floors. You cannot go thru a storage to make access to an exit (ii) A fire sprinkler system and fire standpipe system are required. This will require a separate permit from the Colma Fire District
Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 14 of 17 November 9, 2022
(iii) A fire alarm monitoring system for the building will be required. This will require a separate permit from the Colma Fire District
(iv) An underground piping needs to be installed for the fire sprinkler system and a fire hydrant. This will require a separate permit from the Colma Fire District (v) Fire extinguishers are required on all floors with tri-angled fire extinguisher signage. Additional fire extinguishers and locations are subject to change pending final building layout
(vi) Locations of exit signs and emergency lighting fixtures shall be shown on building plans. Additional signs and fixtures may be required pending final building layout. (vii) A Knox Box Lock box is required to be placed on the building. Keys for access to all areas shall in the Knox Box Lock Box. This will require a separate permit from the Colma Fire District.
(viii) Location and dimensions of address shall be shown on the Building Plans.

The address numbers shall be located at the front of the building, visible from the road way and be a min of 6 inches in height by ½ inch in with. Color of the numbers shall contrast the color of the building
(ix) Location of fire lane signage, stripping or curbs shall be shown on building plans.

4. Tree Permit Granted.

The City Council grants a Permit to work in the root zone of three Coast Redwood trees that are located off-site along the northern boundary of the project site, perpendicular to El Camino Real, subject to the general terms and conditions set forth in this Resolution and the following project- specific conditions:
(a) A licensed Arborist shall oversee the site excavation for the retaining wall and foundation to ensure no damage to the trees occurs, and a subsequent report shall be submitted to the Town by the arborist detailing the excavation for the retaining wall and remedial actions taken to prevent damage to any of the trees. (b) Pier holes for the retaining wall shall not be closer than 6 feet to any of the trees.
(c) Roots larger than two (2) inches in diameter shall be cut cleanly to prevent root dieback to the main trunk.

5. General Conditions
(a) This Conditional Use Permit shall run with the land and be freely and automatically transferred to each user of the property described herein, subject to each of the specific and general conditions herein. As used in this Conditional Use Permit, the word “Permittee” shall mean each person using the property pursuant to the permit granted herein, including successors to the person first obtaining the permit.

Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 15 of 17 November 9, 2022
(b) The Permittee and each us er granted an Administrative Use Permit or Conditional Use Permit to use the property must comply with all applicable federal, state and municipal laws, codes and regulations, including the California Building and Fire Codes.

Nothing herein shall be constr ued as authorizing any approvals under, or any exceptions to any other law, code or regulation, or as authorizing any change to the occupancy classification of the premises or any buildings thereon as defined on the California Building Code. Without limiting the generality of the foregoing:
(i) The Permittee shall maintain an annual Colma Business Registration; (ii) Prior to issuance of a Business Registration, the Permittee shall arrange for the project site to be inspected for Fire and Life Safety requirements of California Fire Code by the Colma Fire Protection District; and
(iii) Approved signage shall be as shown in the Project Plans entitled “1850 El Camino Real Associates LLC ” to the Planning Department date stamped February 15, 2013, , and on file in the office of the City Planner. Additional signage shall require a Sign Permit. (c) The Permittee shall pay and hold the Town of Colma Harmless from all costs and expenses, including attorney’s fees, incurred by the Town or held to be the liability of the Town in connection with the Town’s defense of its actions in any proceeding brought in any state or federal court challenging the Town’s actions with respect to the Permittee’s project.
(d) The Conditional Use Permit may be modified or revoked should it be determined that (a) the property is being operated or maintained in a manner that is detrimental to the public health or welfare, is materially injurious to property or improvements in the vicinity, constitutes a public nuisance, or is contrary to any law, code or regulation, or (b) if the Permittee fails to comply with and satisfy the conditions herein. (e) The Permittee must agree to comply with each and every term and condition herein by countersigning a copy of this Resolution and returning the counter -signed copy to the City Clerk no more than forty -five (45) days following City Council approval of the permit. If Permittee is not the property owner, then the property owner must consent to use of the property on the terms and conditions herein by counter -signing a copy of this resolution and returning the counter-signed copy to the City Clerk no later than forty -five (45) days following City Council approval of the permit. Failure to return the counter-signed copy as specified shall render this permit null and void. //
//
//
//
//
Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 16 of 17 November 9, 2022
Certification of Adoption
I certify that the foregoing Resolution No. ____ was adopted at a regular meeting of the City Council of the Town of Colma held on November 9, 2022, by the following vote:

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

Voting Tally

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk

Res 2022-xx, Approving CUP, Tree Permit, Design Review - 1850 ECR Page 17 of 17 November 9, 2022

NOTICE OF RIGHT TO PROTEST
The Conditions of Project Approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), began on date of adoption of this resolution. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

AGREEMENT
Property Owner/Permittee
The undersigned agrees to use the property on the terms and conditions set forth in this resolution.

Dated: _________________ ______________________________________ 1850 El Camino Real Associates LLC, Property Owner
[Notarization of Property Owner's signature required]

Attachment D

Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D

Attachment E
Attachment E
Attachment E
Attachment E
Attachment E
Attachment E
Attachment E
Attachment E
Attachment E
Attachment E
Attachment E
Attachment E
Attachment E
Attachment E

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F

ATTACHMENT F
Attachment G
1850 El Camino Real Associates Page 1

TOWN OF COLMA
Mitigation Measures
1850 El Camino Real 9,592 Sq. Ft. Office
Mitigation Measure AES-1: The applicant shall submit a lighting plan for review and approval of the Planning Department. Exterior project lighting shall be designed to be the minimum required for security. Project lighting shall be directed downward so as not to impact motorists along El Camino Real or adjoining properties.

Mitigation Measure AIR-1: The following construction practices shall be implemented during grading operations:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage reminding workers to shut off equipment shall be provided at all access points. f. All construction equipment shall be maintained and properly tuned, in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. g. Post a publicly visible sign with the telephone number and person to contact at the Town of Colma regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Mitigation Measure BIO-1: The following shall be implemented during excavation operations for the retaining wall to be constructed along the northern edge of the property site:
a. A tree permit from the Town for tree protection mitigation shall be obtained prior to beginning excavation.
b. A licensed Arborist shall oversee the site excavation for the retaining wall, to ensure no damage to the trees occurs, and a subsequent report shall be submitted to the Town by the arborist detailing the excavation for the retaining wall and documenting measures that were taken to ensure the health and protection of the trees during the construction.

Attachment G
1850 El Camino Real Associates

Page 2 ends

c. Pier holes for the retaining wall shall not be closer than 6 feet to any of the trees. d. Roots larger than two (2) inches in diameter shall be cut cleanly to prevent root dieback to the main trunk.

Mitigation Measure GEO-1: Retaining walls located on the site will be designed to resist lateral earth pressures plus additional lateral pressures that may be caused by surcharge loads applied at the ground surface behind the walls. The walls will also be designed to resist an additional uniform pressure. The Geotechnical Engineer shall review and certify the civil and structural plans for the retaining walls and the building.

Mitigation Measure HWQ-1: As part of the building permit plan review, the plans shall include a design for an alternative drainage system should the primary percolation system become overburdened or fail during a rain event. Alternatives may include either a gravity drainage system or redundant pumping system with backup power..

Mitigation Measure NOI-1: Construction and material deliveries shall be limited to the hours of 7:00 AM -8:00 PM, Monday through Friday, with weekend and holiday hours from 10:00 AM and 6:00 PM. Due to potential traffic and noise considerations, grading activities shall occur only between 9:00 AM and 4:00 PM, Monday through Friday only (no weekend grading). Modifications to construction hours for interior work (but not for exterior construction or grading activity) may be approved by the Building Official. .

100-Year Anniversary Ad Hoc Committee Page 1 of 2

STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Brian Dossey, City Manager
MEETING DATE: November 9, 2022
SUBJECT: Colma – 100 Year Anniversary Ad-Hoc Committee

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

MO
TION ESTABLISHING A CITY COUNCIL AD HOC 100 YEAR ANNIVERSARY PLANNING

COMMITTEE
EXE

CUTIVE SUMMARY
On August 5, 2024, the Town of Colma will be celebrating its 100 – year anniversary. Due to Colma’s rich history and relationships with the business, cemetery and residential community, staff is proposing a City Council Ad-Hoc Committee to begin planning events during the 2023 calendar year.

Staff
recommends the committee be made up of two City Council members, Town staff and a member(s) from the Colma Historical Association, a member(s) from the residential community, and possibly the Cemetery community and Business community.

FIS

CAL IMPACT
None at this time; however, costs will be incurred in FY2023-2024 and FY2024-2025 for events, activities, marketing, giveaways, etc.

BACKGROUND/ANALYSIS
The Town of Colma has a rich history of celebrating milestone events, for example, • Th
e 75th anniversary was celebrated in 1999, with celebratory event over the summer and several giveaway items such as, 75th anniversary pins and t-shirts. • The 80th anniversary was celebrated in 2004, with the making of a ten-minute historical documentary on the Town of Colma, along with a celebratory event (Town Picnic) over the summer and a re-usable bag giveaway.

Item #6
100-Year Anniversary Ad Hoc Committee Page 2 of 2
• The 90th anniversary was celebrated in 2014, with the making of a thirty-minute historical documentary on the Town of Colma, along with a 1920’s themed screening of the documentary at the Community Center, followed by a celebratory event (1920’s themed Town Picnic) the next day, along with giveaways, such as 90th anniversary pins.

With the 100-year anniversary just over a year away, staff recommends the planning process begin during the 2023 calendar year. During the first part of 2023 the committee will want to start brainstorming ideas for programs, events and giveaways prior to the FY 2023-2024 Budget process. That way staff can budget accordingly for 100-year anniversary events that will take place in the first half of 2024.

Over this past year staff had already fielded some ideas that could be considered for potential events or projects. For example.
• 100-year anniversary mural on the F Street Wall
• 100-year logo design contest for pins, t-shirts, marketing, etc • Town wide picnic and events on or around the August 5th anniversary date • Host Town parade celebrating 100 years
• Participation in the Italian Heritage Parade in October 2024

While these are just some programs and events to consider, staff would like to explore these ideas and more amongst an Ad Hoc committee of Colma stakeholders. Other items to discuss and consider are sponsorships, giveaways, memorabilia, marketing, etc.

Staff recommends the committee meet monthly initially beginning in 2023 and possibly increase the meeting frequency as we get closer to 2024. Staff will report out to the City Council when significant decision points need to be made as well as during the budget process and budget adoption. Once events, programs and activities have been programmed and finalized the Ad- Hoc committee will sunset.

Council Adopted Values

Creating and assigning two City Council members to the 100-year anniversary celebration Ad Hoc committee is the responsible action, ensuring stakeholder participation in the planning process of Townwide 100-year anniversary events.

Alternatives

The City Council could determine during the discussion that an Ad-Hoc committee is not warranted for the 100-year anniversary planning for the Town of Colma, and direct staff to plan for the 100-year anniversary events, but that is not the recommended action.

CONCLUSION
Due to Coma’s rich history and relationships with the business, cemetery and residential community, staff is proposing a City Council 100-Year Anniversary Ad-Hoc Committee to begin planning events during the 2023 calendar year.

← All documents from this meeting