Regular Meeting Agenda 01.28.26 Page 1 of 3
AGENDA
REGULAR MEETING
CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, January 28, 2026
Closed Session – 6:00 PM
Regular Session – 7:00 PM
The City Council meeting will be held in person in the City Council Chambers. The Town will only accept public comments from the public attending in person and will not accept public comments via Zoom.
As a courtesy and technology permitting, the meeting can also be viewed /heard via Zoom Video Conference, but no public comment will be allowed or accepted by the Town via Zoom. The Town cannot guarantee that the public’s access to Zoom will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue, even if the public is unable to view/hear or otherwise access the meeting via Zoom.
To attend the meeting in person:
Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014
To view/hear the meeting via Zoom Video Conference:
Join Zoom Meeting:
https://us02web.zoom.us/j/85610028212
Meeting ID:
856 1002 8212
Dial by your location:
+1 669 444 9171
+1 669 900 6833 US (San Jose)
+1 346 248 7799 US (Houston)
+1 253 215 8782 US (Tacoma)
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+1 301 715 8592 US (Washington DC)
To provide Public Comment:
Members of the public wishing to provide public comment are required to attend the meeting in person and are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less. If there appears to be a large number of speakers, time may be reduced to no less than one minute each, at the discretion of the Mayor.
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 Nathan Bassett, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.
Regular Meeting Agenda 01.28.26 Page 2 of 3
CL
OSED SESSION – 6:00 PM
CON
FERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION
Pursuant to Government Code Section 54956.9(d)(4) One Potential Case STA
TE OF THE CITY – 7:00 PM
PLED
GE OF ALLEGIANCE AND ROLL CALL
REP
ORT OUT OF CLOSED SESSION
ADO
PTION OF AGENDA
PRE
SENTATIONS
• Presentation from One Shoreline
PU
BLIC COMMENTS
Com
ments 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.
CON
SENT CALENDAR
1. M
otion to Approve the Minutes from the January 14, 2026 Regular Meeting
2. Motion to Approve Checks Paid for the Month of December 2025
3. M
otion to Adopt Ordinance No. 2026-829 of the City Council of the Town of Colma Amending Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Colma Zoning Code to Align Local Regulations with the California Government Code, Title 7, Division 1, Chapter 13, as Amended by Legislation Effective January 1, 2024; March 27, 2024; January 1, 2025; and January 1, 2026, and Finding the Action to be Statutorily Exempt from CEQA Under Public Resources Code Section 21080.17
4. M
otion to Approve and Authorize the City Manager to Execute the First Amendment to the Agreement with Mark Thomas in the Amount of $239,521.02 for a New Total Authorized Agreement Amount Not to Exceed $2,342,574.73 for the El Camino Real Bicycle and Pedestrian Improvement Project, Project Approval and Environmental Document (PA&ED) Phase Pursuant to CEQA Guideline 15306
5. M
otion to Adopt a Resolution Awarding and Authorizing the City Manager to Execute a Construction Contract with G. Bortolotto & Company, Inc. in the Amount of $176,017.20; Approving a Construction Contingency and Construction Management Fee in the Amount of $26,403.00 for a Total Project Cost of $202,420.20 for the 2025-26 Street Pavement Maintenance Project, Pursuant to CEQA Guideline 15301
Regular Meeting Agenda 01.28.26 Page 3 of 3
NEW BUSINESS
6. FY 2024-25 AUDITED FINANCIAL STATEMENTS AND REPORTS
Consider: Motion to Adopt a Resolution Accepting the Auditor’s Reports and Financial Statements for the Fiscal Year Ending June 30, 2025, Pursuant to CEQA Guideline 15378
7. MEMORANDUM OF UNDERSTANDING WITH REPUBLIC SERVICES
Consider: Motion to Approve and Authorize the City Manager to Execute a Memorandum of Understanding (MOU) with Republic Services Regarding a Credit to Ratepayers and Negotiate Minor Administrative Changes Prior to Execution
REPORTS
Mayor/City Council Reports
Committee Reports
City Manager Report
ADJOURNMENT
Minutes – Regular Meeting 01.14.26 Page 1 of 5
MINUTES
REGULAR MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also viewable via Zoom.us
Wednesday, January 14, 2026
Regular Session – 7:00 PM
PLED
GE OF ALLEGIANCE AND ROLL CALL
Vice Mayor Fisicaro called the meeting to order at 7:01 p.m.
Coun
cil Present – Vice Mayor Helen Fisicaro and Council Members Joanne F. del Rosario, Thomas Walsh, and Ken Gonzalez
Coun
cil Absent – Mayor Carrie Slaughter
Staff P
resent – City Manager Daniel Barros, City Attorney Christopher Diaz, Chief of Police John Munsey, Director of Planning and Public Works Brad Donohue, City Planner Farhad Mortazavi, Building Official Chai Lor, Principal Planner Lorraine Weiss, Senior Planner Amy Mullay, Facilities Project Manager Patrick Yu, City Clerk Michelle Estabillo, Deputy City Clerk Abigail Dometita, and Recreation Coordinator Daisy Esquivias Cou
ncil recited the Pledge of Allegiance.
ADOP
TION OF THE AGENDA
Act
ion: A motion was made by Council Member Walsh, seconded by Council Member del Rosario, to adopt the agenda. The motion carried by the following vote:
Name Vot
ing Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Ken Gonzalez
4 0
PRE
SENTATIONS
• Recognition of Colma Historical Association President Maureen O’Connor’s 80th Birthday Vice
Mayor Fisicaro congratulated Maureen O’Connor on an important milestone and invited her to the podium where she was presented with a signed birthday certificate and orchid plant. Maureen offered brief remarks.
AGENDA ITEM #1
Minutes – Regular Meeting 01.14.26 Page 2 of 5
• Holiday House Decorating Contest Winners
Recreation Coordinator Daisy Esquivias and Sarah Prescott of Republic Services presented the award recipients of the Holiday House Decorating Contest:
o Most Whimsical - Salvador Family
o Most Creative - Montoya Family
o Most Festive - Gotelli Family
o Best Holiday Lighting - Ron Barels
• Presentation from C/CAG and San Mateo County Transportation Authority
City Manager Barros introduced Sue Ellen Atkinson, Manager of Planning and Fund Management of San Mateo County Transportation Authority, who gave an update of the countywide transportation plan.
PUBLIC COMMENTS
There were no Public Comments.
CONSENT CALENDAR
1. Motion to Approve the Minutes from the December 9, 2025 Special Meeting
2. Motion to Approve the Minutes from the December 10, 2025 Regular Meeting
3. Motion to Approve Checks Paid for the Month of November 2025
4. Motion to Adopt Resolution 2026-01 Directing Town Staff to Fly Various Commemorative Flags in Lieu of the Town Flag at the Colma Community Center Pursuant to CEQA Guideline 15301 and 15378
5. Motion to Approve the Bid Document Package and Authorizing Staff to Solicit Formal Bids for the Sterling Park Residential Streetlight Replacement Project and Authorizing the City Manager to Approve Minor Changes to the Plan Documents as Needed Pursuant to CEQA Guideline 15301
6. Motion to Approve and Accept the Annual Development Impact Fee Report for Fiscal Year Ending June 30, 2025 Pursuant to the Mitigation Fee Act Pursuant to CEQA Guideline 15378
7. Motion to Adopt Resolution 2026-02 for Approving and Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the County of San Mateo for the San Mateo County Compost Procurement for Climate Solutions Program Pursuant to CEQA Guideline 15308
There were no Public Comments.
Action: A motion was made by Council Member del Rosario, seconded by Council Member Walsh, to approve the Consent Calendar.
Minutes – Regular Meeting 01.14.26 Page 3 of 5
The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Ken Gonzalez
4 0
PUBLIC HEARING
8. COLMA BUILDING CODES
City Planner Mortazavi presented the staff report.
There were no Public Comments.
Council Member Gonzalez had questions, and Building Official Lor answered his questions.
Action: A motion was made by Council Member del Rosario, seconded by Council Member Gonzalez, to Adopt Ordinance 2026-828 Amending Subchapter 5.04 of the Town of Colma Municipal Code, Adopting by Reference the 2025 Edition of the California Building Standards Code (California Code of Regulations, Title 24), Consisting of the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Fire Code, the 2025 California Energy Code, the 2025 California Green Building Standards Code, the 2025 California Historical Building Code, the 2025 Existing Building Code, the 2025 Wildland-Urban Interface Code, the 2025 California Referenced Standards Code; the 1997 Edition of the Uniform Housing Code; and the 2024 International Property Maintenance Code; Together with Certain Additions, Amendments, and Deletions; and to Waive Further Reading of the Ordinance.
The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Ken Gonzalez
4 0
Minutes – Regular Meeting 01.14.26 Page 4 of 5
9. ACCESSORY DWELLING UNIT ORDINANCE AMENDMENTS
Senior Planner Mullay presented the staff report.
There were no Public Comments.
Council discussion followed. City Manager Barros and Senior Planner Mullay answered their questions.
Action: A motion was made by Council Member Walsh, seconded by Council Member del Rosario, to Introduce An Ordinance of the City Council of the Town of Colma Amending Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Colma Zoning Code to Align Local Regulations with the California Government Code, Title 7, Division 1, Chapter 13, as Amended by Legislation Effective January 1, 2024; March 27, 2024; January 1, 2025; and January 1, 2026, and Finding the Action to be Statutorily Exempt from CEQA Under Public Resources Code Section 21080.17.
The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Ken Gonzalez
4 0
STUDY SESSION
10. LED READER BOARD SIGNS
Principal Planner Weiss presented the staff report.
There were no Public Comments.
Council discussion followed. City Manager Barros and Principal Planner Weiss answered their questions.
Council provided input and directed staff to return the item to a future council meeting for Council consideration and/or action.
COUNCIL CALENDARING
Vice Mayor Fisicaro announced the next Regular Council meeting will be on January 28, 2026.
Minutes – Regular Meeting 01.14.26 Page 5 of 5
REPORTS
Mayor/Council Reports
Vice Mayor Fisicaro thanked all who donated and volunteered to help spread holiday cheer at the Veterans Village. Thanks to this generosity, each veteran received a $55 gift card to a local grocery store.
Committee Reports
There were no reports.
City Manager Reports
City Manager Barros reported the following:
• Solar installation projects are underway at both Town Hall and the Police Department. • Engineering Department is currently reviewing the latest submittal for the Home Depot parking structure permit. Phase II will begin as soon as all departments have approved. • Indoor Movie Night showing “Bad Guys 2” is scheduled for January 23rd at the Colma Community Center.
• In collaboration with Cypress Lawn, the 2nd Annual Ghost Run 5K and Fun Run is scheduled for February 21st.
ADJOURNMENT
Vice Mayor Fisicaro adjourned the meeting at 8:38 p.m. in memory of Kenneth Green and Mary Ann Nihart.
Respectfully submitted,
Abigail Dometita, CMC
Deputy City Clerk
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firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00307 P
ACIFIC GAS & ELECTRIC 9248309814-8 21Nov25C61570 587.8211/21/202512/16/202512/12/2025 587.82 03917 PACIFIC TRUCK & TRACTOR 7909C61571 462.5011/18/202512/17/202512/12/2025 462.50 03775 RAMOS OIL COMPANY CL201919C61572 1,068.2311/30/202512/16/202512/12/2025 1,068.23 00357 SIERRA DISPLAY, INC. 28708C61573 6,630.0012/02/202512/22/202512/12/2025 6,630.00 00500 SMC CONTROLLERS OFFICE November 2025C61574 2,034.4012/02/202512/22/202512/12/2025 2,034.40 00077 SMC HEALTH SYSTEM AC25-26-ColmaC61575 28,022.0012/05/202512/18/202512/12/2025 28,022.00 01030 STEPFORD, INC. 250230161576 2,866.8012/03/202512/12/2025 2,866.80 03918 ENRIQUE TREJO 2003255.00361577 300.0012/03/202512/12/2025 300.00 02595 VANESA VELASCO 2003256.00361578 50.0012/03/202512/12/2025 50.00 03710 VESTIS GROUP, INC. 5180530452C61579 27.5512/01/202512/16/202512/12/2025 27.55 00003 A. S. F. ELECTRIC 10090C61580 410.0012/06/202512/26/202512/19/2025 410.00 03546 JUDIT ABARCA RIVERA 2003257.00361581 50.0012/08/202512/19/2025 50.00 03746 ANDRES ABARCA 6/17/25 ReimburseC61582 92.5406/20/202512/23/202512/19/2025 92.54 00925 APWA 000906940C61583 252.0012/12/202512/23/202512/19/2025 252.00 00004 AT&T 000024456986C61584 41.0612/01/202512/29/202512/19/2025 41.06 01565 BAY CONTRACT MAINTENANCE, INC. 3404261585 12/10/202512/19/2025 3,021.41 34044 12/10/2025 2,934.14
34043 12/10/2025 2,934.14
34041 12/10/2025 1,711.57
34046 12/10/2025 698.59
34040 12/10/2025 243.99
34045 11,757.0012/10/2025 213.16
01 183 BEST BEST & KRIEGER LLP 1047285C61586 12/03/202512/23/202512/19/2025 12,516.00 C 1046182 11/19/202512/23/2025 10,305.60
C 1047286 12/03/202512/23/2025 6,486.60
C 1046180 11/19/202512/23/2025 5,173.50
Page: 5
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own of Colma01/12/2026
firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total C 1047287 12/03/202512/23/2025 1,817.55
C 1046183 11/19/202512/23/2025 1,650.00
C 1046181 38,854.2011/19/202512/23/2025 904.95
00051 CALIFORNIA WATER SERVICE CO. 11/26/25 Bill DateC61587 11/26/202512/24/202512/19/2025 9,270.92 C 0944444444-12/01/25 12/01/202512/24/2025 62.22
C 3422893362-12/01/25 12/01/202512/24/2025 62.22
C 5793906861-12/01/25 9,436.8412/01/202512/24/2025 41.48 03909 CANADIAN-AMERICAN OIL CO., INC 10/10/25 REF #900C61588 14.9511/01/202512/22/202512/19/2025 14.95 03539 CLARK PEST CONTROL 38800360C61589 150.0012/03/202512/26/202512/19/2025 150.00 03411 CLEAN WORLD GREASE TRAP SVCS 09659C61590 125.0012/15/202512/29/202512/19/2025 125.00 00064 COLMA FLORAL SHOP 486061591 202.3412/05/202212/19/2025 202.34 01037 COMCAST CABLE 0097069 1 12725C61592 11/27/202512/23/202512/19/2025 399.56 C 0097051 112025 11/20/202512/23/2025 379.56
C 0097028 112025 1,158.6811/20/202512/23/2025 379.56
03702 CORODATA RECORDS MANAGEMENT RS3755730C61593 160.9411/30/202512/22/202512/19/2025 160.94 00366 CRITICAL REACH, INC. 4469C61594 375.0012/03/202512/26/202512/19/2025 375.00 03551 CULLIGAN QUENCH INV09973918C61595 12/07/202512/24/202512/19/2025 302.26 C INV09542696 591.3609/07/202512/24/2025 289.10
03161 CUR
TIS EDWARD DENNISON 2003260.00361596 275.0012/12/202512/19/2025 275.00 03886 LIZBETH B ELLIS 5C61597 330.0012/08/202512/22/202512/19/2025 330.00 00539 FIREMASTER DEPT 1019 0001385530C61598 650.0012/05/202512/23/202512/19/2025 650.00 03616 FLEXIBLE BENEFIT ADMIN 217986C61599 45.0012/09/202512/29/202512/19/2025 45.00 02499 GE CAPITAL INFO RICOH USA INC 5072412719C61600 565.7612/01/202512/23/202512/19/2025 565.76 02499 GE CAPITAL INFO RICOH USA INC 109677956C61601 525.4412/05/202512/24/202512/19/2025 525.44 02149 HDL COREN & CONE SIN05224961602 92.6406/30/202512/19/2025 92.64 00174 HOME DEPOT CREDIT SERVICES 11/28/25 CLOSINGC61603 453.8511/28/202512/24/202512/19/2025 453.85 Page: 6
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firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 01480 LEXIPOL
LLC INVLEX11262812C61604 14,458.0612/01/202512/24/202512/19/2025 14,458.06 03879 MARTIN/MARTIN, INC. 25.0345-00003C61605 2,082.5011/20/202512/24/202512/19/2025 2,082.50 02993 MIXTISO Nov 13-Dec 1 1, 202561606 400.0012/11/202512/19/2025 400.00 01680 NBS GOVERNMENT FINANCE GROUP 202512-3729C61607 6,340.0012/08/202512/24/202512/19/2025 6,340.00 03061 NICK BARBIERI TRUCKING LLC CL80613C61608 171.2911/30/202512/23/202512/19/2025 171.29 00280 ODP BUSINESS SOLUTIONS 448755434001C61609 11/24/202512/26/202512/19/2025 279.38 C 448952760001 11/25/202512/26/2025 16.13
C 449051265001 302.6712/05/202512/26/2025 7.16
00307 P
ACIFIC GAS & ELECTRIC 3007220528-6 08Dec25C61610 12/08/202512/23/202512/19/2025 5,120.36 C 0567147369-1 01Dec25 12/01/202512/23/2025 292.31
C 0576889222-5 08Dec25 12/08/202512/23/2025 238.56
C 0035222590-8 08Dec25 5,658.1012/08/202512/23/2025 6.87 03609 P
AYMENTUS CORPORATION INV-15-172133C61611 123.0111/30/202512/24/202512/19/2025 123.01 03775 RAMOS OIL COMPANY CL203257C61612 12/10/202512/24/202512/19/2025 1,366.85 C CL199406 1,447.7811/10/202512/24/2025 80.93
01450 SAN MA
TEO LAWN MOWER 25047561613 1,381.2311/22/202512/19/2025 1,381.23 00349 SEGALE & CERINI INC. 1869461614 11/28/202512/19/2025 23,502.00 18699 11/28/2025 2,568.00
18698 11/28/2025 1,730.50
18697 29,016.5011/28/2025 1,216.00
00357 SIERRA
DISPLAY, INC. 28735C61615 295.5212/10/202512/30/202512/19/2025 295.52 03328 LISA SIRIANNI 2003253.00361616 40.0012/02/202512/19/2025 40.00 00364 SMC FORENSIC LAB PS-INV104984C61617 795.0011/30/202512/29/202512/19/2025 795.00 00534 SMC INFORMATION SERVICES DEPT A001863A2202511C61618 82.2511/30/202512/23/202512/19/2025 82.25 02224 STANDARD INSURANCE COMPANY Jan2026CoverageC61619 248.3212/16/202512/23/202512/19/2025 248.32 00830 STAPLES BUSINESS CREDIT 6048730858C61620 11/25/202512/22/202512/19/2025 351.63 Page: 7
Page: 8Check History ListingapCkHist
1 1:04AM Town of Colma01/12/2026
firstBank code:
Check # Date Vendor Status Clear/V oid Date Amount PaidInvoice Inv. Date Check Total C 6048730856 11/25/202512/22/2025 236.32
C 6048730855 11/25/202512/22/2025 128.28
C 6048730857 11/25/202512/22/2025 67.65
C 6048730852 11/25/202512/22/2025 65.36
C 6048730854 805.2611/25/202512/22/2025 -43.98
01030 STEPFORD, INC. 240677761621 325.0012/11/202512/19/2025 325.00 01118 SWRCB ACCOUNTING OFFICE S W-0322445C61622 11/05/202512/26/202512/19/2025 7,279.00 C WD-0301937 11,224.0011/19/202512/26/2025 3,945.00
00412 TELECOMMUNICATIONS ENGINEERING 49669C61623 1,652.5012/10/202512/29/202512/19/2025 1,652.50 03030 TOTAL FLOW INC. 337461624 50,840.0008/13/202512/19/2025 50,840.00 02938 KIMBERLY TRASK 5/9/25 ReimburseC61625 107.8405/09/202512/22/202512/19/2025 107.84 00411 TURBO DATA SYSTEMS 47344C61626 1,487.4911/30/202512/22/202512/19/2025 1,487.49 02123 TYLER TECHNOLOGIES, INC. CI100-00237054C61627 26,261.9411/30/202512/23/202512/19/2025 26,261.94 03015 U.S. BANK CORPORATE PMT SYSTEMV61628 0.0012/18/202512/19/2025 0.00 03015 U.S. BANK CORPORATE PMT SYSTEM 11/24/25 NavarroC61629 11/24/202512/29/202512/19/2025 4,821.80 C 11/24/25 Esquivias 11/24/202512/29/2025 4,286.53
C 11/24/25 Dometita 11/24/202512/29/2025 3,841.08
C 11/24/25 Azzopardi 11/24/202512/29/2025 3,497.90
C 11/24/25 Barros 11/24/202512/29/2025 2,969.46
C 11/24/25 Estabillo 11/24/202512/29/2025 2,151.23
C 11/24/25 Velasquez 11/24/202512/29/2025 1,621.47
C 11/24/25 Bassett 11/24/202512/29/2025 1,454.79
C 11/24/25 Gotelli 11/24/202512/29/2025 1,048.79
C 11/24/25 Abellana 11/24/202512/29/2025 915.45
C 11/24/25 Wollman 11/24/202512/29/2025 419.70
C 11/24/25 Rumayor 27,030.1211/24/202512/29/2025 1.92 02849 6746050100 U.S. BANK PARS ACCOUNT 2026-01 OPEBC61630 109,398.0012/11/202512/23/202512/19/2025 109,398.00 02468 ULINE, INC. 201909 114C61631 2,075.5112/16/202512/24/202512/19/2025 2,075.51 03710 VESTIS GROUP, INC. 5180532748C61632 12/08/202512/22/202512/19/2025 27.55 Page: 8
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firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total C 5180535057 12/15/202512/22/2025 27.55
C 5180450317 04/07/202512/22/2025 26.49
C 5180414299 102.7812/23/202412/22/2025 21.19
02799 W
AVE/ASTOUND 103745301-0011894C61633 439.7912/01/202512/26/202512/19/2025 439.79 01745 WILLIAM D. WHITE CO., INC. 461828C61634 461.2512/08/202512/24/202512/19/2025 461.25 03855 AT&T ENT LLC, ACC BUSINESS 3490430118C61635 687.7812/11/202512/29/202512/23/2025 687.78 03334 LLC AT&T MOBILITY NATIONAL ACCOUNT 287296200335X121025C61636 2,471.2812/02/202512/29/202512/23/2025 2,471.28 03892 BAKER TILLY ADVISORY GROUP LP BT343475661637 3,475.0012/19/202512/23/2025 3,475.00 03801 BLACK & VEATCH CORPORATION 1483254C61638 10,475.5012/09/202512/29/202512/23/2025 10,475.50 02886 BLUETRITON BRANDS INC 05L003645766161639 6.0012/09/202512/23/2025 6.00 00050 CA POLICE CHIEFS ASSN 1333661640 1,200.0008/13/202512/23/2025 1,200.00 03539 CLARK PEST CONTROL 3880036261641 12/10/202512/23/2025 162.00 38800358 312.0012/10/2025 150.00
03921 COLANTUONO, HIGHSMITH 68548C61642 3.5812/07/202512/29/202512/23/2025 3.58 01037 COMCAST CABLE 0096715 120725C61643 156.5612/07/202512/29/202512/23/2025 156.56 02827 CORODATA SHREDDING, INC. DN 1556122C61644 125.4511/30/202512/29/202512/23/2025 125.45 00071 CSG CONSULTANTS, INC. V61645 0.0012/22/202512/23/2025 0.00 00071 CSG CONSULTANTS, INC. 11/01/25-1 1/28/25C61646 12/16/202512/30/202512/23/2025 148,299.17 C 11/1/25-11/28/25 CIP 181,329.1712/16/202512/30/2025 33,030.00 00649 DAVEY TREE EXPERT COMPANY 920188684C61647 295.0012/05/202512/31/202512/23/2025 295.00 00117 DELTA DENTAL OF CALIFORNIA BE006865282C61648 13,860.4201/01/202612/29/202512/23/2025 13,860.42 02793 DITO'S MOTORS 03405561649 262.2512/09/202512/23/2025 262.25 03376 NATIONAL STOCK SIGN CO. 12699561650 406.5411/21/202512/23/2025 406.54 02930 RITA PONCE 2003263.003C61651 50.0012/16/202512/29/202512/23/2025 50.00 Page: 9
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firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 02816
TIFFANY SHARON SANCHEZ 2003262.003C61652 300.0012/16/202512/31/202512/23/2025 300.00 00388 SONITROL 408639C61653 11/12/202512/29/202512/23/2025 1,212.70 C 410849 2,425.4012/08/202512/29/2025 1,212.70
01687 UNITED SITE SER
VICES OF INV-5802812C61654 168.2612/18/202512/30/202512/23/2025 168.26 00432 VISION SERVICE PLAN 824275247C61655 1,132.1212/19/202512/26/202512/23/2025 1,132.12 00047 C.L.E.A. PPD 12/26/2025C61656 544.0012/26/202512/30/202512/26/2025 544.00 03843 INTERNAL REVENUE SERVICE PPD 12/26/202561657 791.3112/26/202512/26/2025 791.31 01375 NATIONWIDE RETIREMENT SOLUTION PPD 12/26/2025C61658 4,063.0612/26/202512/30/202512/26/2025 4,063.06 01340 NAVIA BENEFIT SOLUTIONS PPD 12/26/2025C61659 1,838.6712/26/202512/26/202512/26/2025 1,838.67 02224 STANDARD INSURANCE COMPANY PPD 12/26/2025C61660 397.5012/26/202512/29/202512/26/2025 397.50 01360 MISSIONSQUARE RETIREMENT PPD 12/12/2025 MC95586 799.9112/12/202512/26/202512/12/2025 799.91 00521 UNITED STATES TREASURY PPD 12/12/2025-MC95587 1,428.2412/12/202512/29/202512/12/2025 1,428.24 00631 P.E.R.S. PPD 12/12/2025C95588 1,130.5312/12/202512/26/202512/12/2025 1,130.53 00130 EMPLOYMENT DEVELOPMENT DEPT PPD 12/12/2025 MC95589 90.0012/12/202512/15/202512/12/2025 90.00 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEESPPD 12/12/2025 MC95590 3,000.8012/12/202512/02/202512/12/2025 3,000.80 00130 EMPLOYMENT DEVELOPMENT DEPT PPD 12/12/2025 BC95591 21,551.1 112/12/202512/15/202512/12/2025 21,551.1 1 00521 UNITED STATES TREASURY PPD 12/12/2025 BC95592 70,568.1812/12/202512/29/202512/12/2025 70,568.18 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEESPPD 12/12/2025C95593 93,196.6612/12/202512/02/202512/12/2025 93,196.66 00631 P.E.R.S. PPD 12/12/2025 BC95594 45,390.4712/12/202512/26/202512/12/2025 45,390.47 01360 MISSIONSQUARE RETIREMENT PPD 12/12/2025 BC95595 12,596.6812/12/202512/26/202512/12/2025 12,596.68 01340 NAVIA BENEFIT SOLUTIONS PPD 12/12/202595596 250.0012/12/202512/12/2025 250.00 00068 COLMA PEACE OFFICER'S PPD 12/12/2025C95597 1,208.8812/12/202512/26/202512/12/2025 1,208.88 00130 EMPLOYMENT DEVELOPMENT DEPT PPD 12/26/2025C95599 23,679.7612/26/202512/29/202512/26/2025 23,679.76 Page: 10
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own of Colma01/12/2026
firstBank code:
Check # Date Vendor Status Clear/Void Date Amount PaidInvoice Inv. Date Check Total 00521 UNITED ST
ATES TREASURY PPD 12/26/2025C95600 74,096.6212/26/202512/29/202512/26/2025 74,096.62 00631 P.E.R.S. PPD 12/26/2025C95601 42,891.1612/26/202512/26/202512/26/2025 42,891.16 01360 MISSIONSQUARE RETIREMENT PPD 12/26/2025C95602 13,406.8212/26/202512/26/202512/26/2025 13,406.82 00068 COLMA PEACE OFFICER'S PPD 12/26/2025C95603 1,208.8812/26/202512/26/202512/26/2025 1,208.88 00282 RETIREMENT SYSTEM CALIFORNIA PUBLIC EMPLOYEES100000018124694C120127 7,409.4711/14/202512/02/202512/02/2025 7,409.47 00311 PITNEY BOWES INC. 20251209RefillC120130 1,000.0012/09/202512/10/202512/10/2025 1,000.00 03616 FLEXIBLE BENEFIT ADMIN JANUAR Y2026HRA120132 79,507.9012/22/202512/31/2025 79,507.90 1,849,558.15first T otal:
Total Checks:checks in this report 180 1,849,558.15
Page: 1
1 Second Reading of Ord Amending Subchapter 5.03 and Section IV ADUs Page 1 of 2
STAFF REPORT
TO: M
ayor and Members of the City Council
FROM: Amy Mullay, Senior Planner II
Farhad Mortazavi, APA, City Planner
Lorraine Weiss, APA, Principal Planner
VIA: Dan Barros, City Manager
MEETING DATE: January 28, 2026
SUBJECT: Second Reading and Adoption of an Ordinance Amending Subchapter
5.03 (Definitions) and Section IV (Accessory Dwelling Units and Junior Accessory Dwelling Units)
RECOMMENDATION
Staff recommends that the City Council adopt the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF COLMA AMENDING SUBCHAPTER 5.03 (DEFINITIONS) AND SECTION IV. (ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS) OF THE COLMA ZONING CODE TO ALIGN LOCAL REGULATIONS WITH THE CALIFORNIA GOVERNMENT CODE, TITLE 7, DIVISION 1, CHAPTER 13, AS AMENDED BY LEGISLATION EFFECTIVE JANUARY 1, 2024; MARCH 27, 2024; JANUARY 1, 2025; AND JANUARY 1, 2026, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
COUNCIL ADOPTED VALUES
On
January 14, 2026, the City Council introduced an ordinance amending Section IV of the Colma Zoning Code to address accessory dwelling units and junior accessory dwelling units.
The staff recommendation is to now adopt the ordinance. The Council’s introduction and adoption of the ordinance is consistent with the following City Council core values outlined in the adopted value-based code of conduct:
AGENDA ITEM #3
Second Reading of Ord Amending Subchapter 5.03 and Section IV ADUs Page 2 of 2 • Fairness. The ordinance promotes fairness by ensuring all residents have fair access to housing.
• Honesty and Integrity. Updating the ordinance in line with state law demonstrates integrity in governance and builds public trust by ensuring local regulations are clear, enforceable, and consistent with broader housing policy goals. • Responsibility. Adopting the ordinance is a fiscally responsible decision. It protects the Town from potential legal challenges and ensures continued eligibility for state housing grants and programs. It also supports long-term financial stability by encouraging sustainable housing growth and efficient use of public resources. • Vision. The ordinance embraces innovation and adaptability by incorporating forward- looking housing solutions, such as expanded ADU allowances and streamlined permitting. These changes position the Town to meet future housing demands and regional planning objectives.
• Respect. The ordinance respects the diverse needs of Colma’s residents by supporting flexible housing options and fostering an inclusive community.
ANALYSIS
Second Reading and Adoption of an Ordinance Amending Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units)
CONCLUSION
Staff recommends that the City Council adopt the ordinance.
ATTACHMENTS
A. Re
vised ADU Ordinance
B. Subchapter 5.03 (Definitions)
C. O rdinance Amending Zoning Code Subchapter 5.03 and Section IV. Accessory Dwelling Units and Junior Accessory Dwelling Units
25977.00110\44463051.1
1 December 9, 2025
CHAPTER FIVE: ZONING
Subchapter 5.03: Zoning Ordinance
IV. Acc
essory Dwelling Units and Junior Accessory Dwelling Units
5.0 3.100 Purpose and Intent.
The
purpose and intent of this Chapter are as follows:
(a) Pur
pose. The purpose of this chapter is to establish the regulations and procedures for the review of A ccessory Dwelling U nits (ADUs) and Junior Accessory Dwelling Units (JADUs), in conformance with the California Government Code (Gov . Code) Title 7, Division 1, Chapter 13, Accessory Dwelling Units.
5.03 .101 Definitions.
As used in this chapter, the following definitions shall apply:
“Accessory dwelling unit” or “ADU” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent living, sleeping, eating, cooking, and sanitation provisions on the same parcel where the single-family or multifamily dwelling is or will be situated. An ADU also includes the following:
1. An
efficiency unit.
2. A
manufactured home, as defined in Section 18007 of the Health and Safety Code. “Ac
cessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Conversion ADUs” for single-family properties mean ADUs created from the existing space within a proposed or existing primary home or the existing space of an accessory structure. For multi - family properties, conversion ADUs are created from non-livable portions of an existing structure (spaces not used for living, sleeping, eating, cooking, or sanitation). “Detached ADUs” means newly constructed ADUs located on the same property as an existing or proposed single-family or multi-family residence, fully detached from the primary residence. “Efficiency unit” has the same meaning as that defined in Section 17958.1 of the Health and Safety Code.
“Efficiency Kitchen” means a kitchen that includes all of the following:
1. A
cooking facility with appliances.
ATTACHMENT A
25977.00110\44463051.1
2 2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
“Im
pact Fee” has the same meaning as the term “fee,” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge by a local agency, special district, or water corporation.
“Junior Accessory Dwelling Unit” or “JADU” means a residential unit that is no more than 500 square feet of interior livable space in size and contained entirely within an existing single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
“Passa
geway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
“Permitting Agency” means any entity involved in reviewing a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. “Pub
lic transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
5.0 3.102 Permit Required.
(a) No
ADU or JADU may be created with out a building p ermit in compl iance with the standards set forth in this chapter.
(b) T
he provisions included in this chapter are applicable to all lots that (1) are zoned to allow single-family or multifamily residential uses and (2) include a proposed or existing dwelling unit (Gov. Code, § 66313, subd. (a)). No more than two units (including ADUs and JADUs) on a parcel created through a Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) lot split shall be allowed (Gov. Code, § 66411.7, subd. (j)(1)).
(c) Ap
plications to create an ADU or JADU in accordance with this chapter will be considered and approved ministerially, without discretionary review or public hearing. 25977.00110\44463051.1
3 5.03.103 ADU Density and Consistency.
An A
DU or JADU that conforms to the requirements in this Chapter shall:
(a) Not b
e deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(b)
Be deemed consistent with the existing General Plan designation and zoning for the lot. (c) N
ot to be considered when applying any local ordinance, policy, or program to limit residential growth.
(d) N
ot be required to correct a nonconforming zoning condition, as defined in Section
5.03.101. This does not prevent the Town from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
5.0 3.104 ADU Process Time and Submittal Requirements.
(a) Determ
ination of Completeness.
1. De
termination in 15 days. The Town will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days of the Town's receipt of the application submittal.
2. In
complete items. If the Town’s determination under Section 5.03.104(a) above is that the application is incomplete, the Town’s notice must list the incomplete items and describe how the application can be made complete.
3. Cur
e. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the Town to be incomplete.
4. Sub
sequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal, the Town will determine in writing whether the additional information remedies all the incomplete items that the Town identified in its original notice. The Town may not require the application to include an item that was not included in the original notice.
5. De
emed complete. If the Town does not make a timely determination as required by this subsection (a), the application or resubmitted application is deemed complete for the purposes of subsection (b) below.
6. Ap
peal of incompleteness. An applicant may appeal the Town’s determination that the application is incomplete by submitting a written appeal to the City Clerk. The City Council will review the written appeal, affirm or reverse the completeness determination, and provide a final written determination to the applicant within 45 business days after receipt of the appeal.
25977.00110\44463051.1
4 (b) Processing Time.
1. On
lots with an existing single -family or multifamily dwelling, an application to create an ADU or JADU shall be approved or denied within 45 days of submission of a complete application, unless t he applicant requests a delay, in which case the 45 days shall be tolled for the delay period.
2. Th
e permit application to create an ADU or JADU is submitted at the same time as a permit application to build a new single-family or multifamily dwelling on the lot. In this case, the Town may delay processing the ADU or JADU permit application until it has acted on the permit application for the new single-family or multifamily dwelling, but the ADU or JADU application will still be considered ministerially, without discretionary review or a hearing.
3. If t
he Town has not approved or denied a completed application for the ADU or JADU within 45 days and neither of the above exceptions is met, the application shall be deemed approved.
4. Ap
plications for detached ADUs using P re-Approved Plans under Gov ernment Code, section 65852.27 shall be approved or denied within 30 days from receipt of a completed application
(c) C
ertificate of Occupancy Timing.
1. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy for the primary dwelling unit is issued.
2. Li
mited Exception for State -Declared Emergencies. Notwithstanding subsection (c)(2) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) T
he county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.
(ii
) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation. (ii
i) The ADU has been issued construction permits and has passed all required inspections.
(iv
) The ADU is not attached to the primary dwelling.
(d) S
ubmittal Requirements. An application for an ADU or JADU shall be submitted to the Planning Department. An ADU shall be reviewed as part of the established building permit process, and compliance with the standards of this chapter will be verified through the ministerial planning review process.
(e) D
enial/Remedies. If the Town denies an application for an ADU or JADU, it will provide the applicant with a written, comprehensive set of comments within 45 days of receiving a 25977.00110\44463051.1
5 completed application. This will include a list of defective or deficient items, and a description of how the applicant can remedy the application. When the primary dwelling is proposed concurrently as the ADU, the Town may take more than 45 days .
(f) Appeal of Denial. An applicant may appeal the Town’s denial of the application by submitting a written appeal to the City Clerk. The City Council will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 45 business days after receipt of the appeal.
5.03 .105 ADU General Development and Operational Standards. (a) Rep
lacement Parking. When a garage, carport, uncovered parking space, or covered parking structure is removed in conjunction with the construction or conversion of a detached or attached ADU, replacement parking is not required.
(b) D
emolition Permit. A demolition permit for a detached garage to be replaced with a detached or attached ADU shall be reviewed with the application for the ADU and issued simultaneously.
(c) A
vailability of Utilities. All ADUs not described in paragraph (1) of subdivision (a) of Government Code section 66323(a)(1), are required to have a direct connection to public utilities, including water, electric, and sewer services.
1. Th
e Town Waiver of d irect water or sewer service connection requirements between an ADU will be considered if the applicant demonstrates that a well or septic system (as appropriate) is adequate for the new demand, based on objective industry standards and code requirements. ADUs that connect directly to public utilities shall follow the requirements set forth in Section 5.03.107(a).
2. ADU
s or JADUs that will connect to an on -site septic system must include in the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(d) F
ire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required for the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers in the existing primary dwelling.
(e) O
ccupancy. Owner occupancy of the property is not required for an ADU . For JADUs, owner-occupancy is required in either the remaining portion of the primary single-family dwelling or the newly created JADU , unless separate sanitation facilities are provided or the property is entirely owned by another governmental agency, land trust, or housing organization. (f) Buil
ding Code. Building code requirements for detached dwellings shall be applied to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the Town from changing the occupancy code of a space that was uninhabitable space or that was only permitted for non -residential use and was subsequently 25977.00110\44463051.1
6 converted for residential use in accordance with this chapter.
5. 03.106 ADU Rental and Sale Limitations.
(a) Lo
ng-Term Rentals Only. Rental of an ADU created under this Chapter shall be for a term longer than 30 days. This provision applies regardless of when the ADU was created. (b
) Sale and Conveyance. If a qualified nonprofit corporation built or developed the primary home or ADU, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all Gov. Code, § 66341 requirements are met.
5. 03.107 ADU Fee Requirements.
(a) Ut
ility Connection Fees or Capacity Charges. An ADU shall not be considered a new residential use to calculate connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.
1. If
an ADU is constructed with a new single -family home and a separate utility connection directly between the ADU and the utility is required under section 5.03.105(c) above, then payment of the regular connection fee and capacity charge s for a new dwelling is required.
2. A
converted ADU that is exempt from a direct utility connection under section
5.03.105(c) above is not required to pay any related connection fee or capacity charge.
All other ADUs that require a direct utility connection under section 5.03.150(c) above are subject to the connection and fee requirements of the utility provider . The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The portion of the fee or charge that is charged by the city may not e xceed the reasonable cost of providing this service.
(b
) Impact Fees. Impact fees shall not be imposed on an ADU less than 750 square feet of interior livable space in floor area. For all other ADUs, impact fees shall be charged proportionately to the square footage of the primary dwelling unit.
1. A
JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
(c
) Permit Fee Reductions. A 50 percent reduction in plan check and inspection fees shall be granted for the following:
1. A
DUs using pre-approved site-built or prefabricated plans with all-electric and/or solar-ready features.
2. A
DUs deed-restricted for a minimum of 20 years to be rented at rates affordable to very low, low, or moderate-income households, based on the San Mateo County Area 25977.00110\44463051.1
7 Median Income (AMI), or rented at or below the HUD-defined 30% of gross income affordability thresholds.
5.0 3.108 Conditions for Nonconforming Uses and Structures. (a) Gen
erally. The Town will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU in compliance with Gov. Code section 66322, subd. (b). (b) U
npermitted ADUs and JADUs Constructed Before 2020. As required by state law, the Town may not deny a permit to legalize an existing but unpermitted ADU or JADU built before January 1, 2020, if the denial is based on noncompliance with applicable building standards, state ADU or JADU law, or this ADU ordinance.
1. Ex
ceptions:
(i) T
he Town may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the Town makes a finding that correcting a violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3.
(ii
) Subsection (b) above does not apply to ADUs or JADUs deemed substandard per California Health and Safety Code section 17920.3.
5.0 3.109 State Exempt ADUs and JADUs.
(a) Sta
te Standards. State-Exempt ADUs or “66323 Units” refer to ADUs and JADUs created pursuant to Government Code section 66323. This section specifies four categories of ADUs (and JADUs) that must be approved ministerially and are not subject to standards set forth in Government Code sections 66314-66322, or any local objective standards such as lot coverage, front setbacks, or design standards. The only development standards that apply to State Exempt ADUs are those provided in Government Code section 66323. (b) A
pproval. An ADU will be ministerially approved if it meets the requirements specified in Government Code section 66323 , thus qualifying it as State Exempt . A JADU that satisfies the requirements of Government Code sections 66323, which incorporate by reference Sections 66333-66339, likewise qualifies as State Exempt and must be approved . Tables 1 and 2 below outline those State Exempt ADU/JADU requirements that, if met, require the ADU/JADU application to be approved.
25977.00110\44463051.1
8 Table 1: Standards for State Exempt ADUs (Government Code Section 66323) ADU Standards Requirements for State Exempt ADUs
Zones Allowed • All areas designated for single-family or multi-family residential use, as specified by the “R"- Residential Zone, “R-S” - Sterling Park Neighborhood Residential Zone, and “C” - Commercial zoning districts outlined in Chapter 5.03.081,
5.03.091, and 5.03.132 of the Colma Zoning Code.
Size • New construction detached ADU (Single-Family): Up to 800 square feet. • Conversion ADU (Single-Family): May be expanded by no more than 150 square feet to accommodate ingress and egress.
• JADU: Up to 500 square feet, must be located within an existing or proposed single-family home (which includes an attached garage).
Setbacks • Detached (Single-Family and Multi-family): No more than 4-foot side or rear setbacks for new construction.
• Single-Family Conversion ADU and JADU: Must be sufficient for fire and safety.
Height • Detached ADUs: Up to 18 feet
• Detached ADUs within a ½ mile walking distance from a major transit stop or high-quality transit corridor: Up to 18 feet plus 2 feet to accommodate a roof pitch
• Detached ADUs on a lot with a multi-family, multi-story dwelling: Up to 20 feet
Parking • ADUs: No parking may be required.
• JADUs: No new parking may be required.
Access • Conversion ADUs and JADUs (Single Family): Exterior access must be separate from the main entrance of the single-family home. • JADUs: If a JADU does not include a separate bathroom, it must include a separate entrance and an internal connection to the main living area of the single-family home.
5.0 3.110 Number and Combination of State Exempt ADUs and JADUs Permitted Per Legal Parcel or Lot.
The units described below must meet the standards described in Government Code section 66323 (see Table 1, above).
25977.00110\44463051.1
9 Table 2: State Exempt ADUs Allowed by Property Type (Gov. Code Section 66323) Property Type Number and Combination of Units Allowed
Single-family Up to three accessory units:
• One (1) Detached New Construction ADU
• One (1) Conversion ADU and One (1) JADU within the existing or proposed space of a single-family dwelling or an existing accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety.
Multi-family • Detached ADU: Up to eight on properties with an existing multi-family dwelling (or up to the number of existing primary units, whichever is less); must be detached from the primary units, or up to two on properties with a proposed multi -family dwelling.
AND
• Conversion ADU: At least one, up to a number equal to 25% of the existing multi- family dwelling units in portions of the structure not used as living space; for example, passageways, storage rooms, boiler rooms, attics, basements, or garages. *JADUs are not allowed on multi-family properties or in multi-family dwelling structures.
5.03 .111 State ADU Standards.
The
following requirements in Table 3 below apply only to ADUs that do not qualify as State Exempt ADUs under Government Code section 66323.
Table 3: State Standards for ADUs (Gov. Code Sections 66314-66322) ADU
Standards State Minimum Requirements
Zones Allowed • All areas designated for single-family or multi-family residential use, as specified by the “R"- Residential Zone, “R-S” - Sterling Park Neighborhood Residential Zone, and “C” - Commercial zoning districts outlined in Chapter 5.03.081,
5.03.091, and 5.03.132 of the Colma Zoning Code.
25977.00110\44463051.1
10 Size • Mi nimum size: At least 150 square feet.
• Maximum size:
o Detached: At least 850 square feet for a studio/one-bedroom and 1,000 square feet for a two- or more-bedroom ADU.
o Attached: At least 850 square feet for a studio/one-bedroom and 1,000 square feet for a two or more-bedroom ADU. An attached ADU created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
Setbacks • Side and rear: No more than 4-foot side or rear setbacks for attached or detached ADUs.
• Front setbacks: No more than 19 feet of the front property line and no more than 15 feet of a street-facing property line, but they cannot preclude the construction of an ADU of at least 800 square feet, even if the ADU would be partially or wholly within the front setback.
• Setbacks for conversions or rebuilds: No setback will be required for an ADU that is constructed in the same location and to the same dimensions as an existing structure.
Height • Attached ADUs: Up to 25 feet or the maximum allowed by the underlying zoning, whichever is lower (allows for ADUs built above attached garage). Attached ADUs may not exceed two stories.
• Detached ADUs: Up to 18 feet.
• Detached ADUs within a ½ mile walking distance from a major transit stop or high-quality transit corridor: Up to 18 feet plus 2 feet to accommodate a roof pitch (allows for two-story ADUs)
• Detached ADUs on a lot with a multi-family, multi-story dwelling: Up to 20 feet Parking • New and Replacement Parking Spaces: None required for ADUs and JADUs • Tandem parking and parking in setbacks are allowed.
Local
Standards
• FA R, lot coverage, size, front setback, or open space requirements that do not permit at least an 800 square foot ADU with 4-foot side and rear setbacks may not be required.
5. 03.112 Non-State Exempt ADU Objective Design Standards.
Th
e following objective design standards shall apply to State ADUs pursuant to Government Code 25977.00110\44463051.1
11 Sections 66314- 66322. These objective standards may not prohibit the construction of an attached or detached ADU that is no more than 800 square feet with 4-foot side and rear setbacks. (a) Arc
hitectural Requirements.
1. Th
e exterior walls, roof, windows, and doors of ADUs constructed entirely on-site, must be made of materials and colors that match the appearance and architectural design of the primary dwelling.
2. Th
e roof slope must match that of the dominant roof slope of the primary dwelling.
The dominant roof slope is the slope shared by the most sizable portion of the roof.
3. Th
e exterior lighting must be limited to down-lights unless the building or fire code requires otherwise.
4. Th
e ADU must have an independent exterior entrance from the primary dwelling.
The entrance must be located on the side or rear building facade, not facing a public right- of-way.
5. An
ADU's interior horizontal dimensions must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
6. Wi
ndows and doors of the ADU may not have a direct line of sight to an adjoining residential property . Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
7. Al
l windows and doors that are within 30 feet of a property line that is not a right- of-way line must either be clerestory windows, with the bottom of the glass at least six (6) feet above the finished floor, or they must use frosted or obscure glass. (b) L
andscape Requirements.
1. Lan
dscaping shall be maintained within the 4-foot or greater side setback and for a minimum depth of at least four (4) feet along a back fence, including groundcover with automatic irrigation that allows fire access in the setback area. Paving of the entire rear yard setback area is prohibited.
2. In ad
dition to the maintenance of a fence of at least five (5) feet in height between properties, specimen plantings or a trellis with vines shall be provided in the setback area that provides landscaping and privacy screening of the ADU from windows or outdoor living areas of adjoining properties.
(c) H
istorical Properties. ADU and JADU development on any real property listed in the California Register of Historic Resources must comply with the objective requirements of the Secretary of the Interior’s Standards for Rehabilitation and the accompanying Guidelines for Rehabilitating Historic Buildings, as applicable. 25977.00110\44463051.1
12 5.03.113 Junior Accessory Dwelling Units.
(a) Loc
ation. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be contained entirely within the walls of the primary single-family dwelling, including, but not limited to, an attached garage. (b
) Maximum Number of JADUs. When accompanied by a proposed or existing single- family dwelling, the maximum number of JADUs shall be one (1) per lot. The JADU may be in addition to an existing or proposed detached ADU or an existing or proposed attached ADU. (c
) Floor Area. The maximum floor area shall be 500 square feet. (d
) Parking. No parking shall be required for a JADU, including replacement parking. (e
) Exterior Access. Access shall be provided to the JADU independently of the primary dwelling.
(f) Sa
nitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU. (g
) Kitchen Features. An efficiency kitchen shall be provided. (h) O
ccupancy. Owner occupancy shall be required if the JADU shares sanitation facilities with the primary residence. The owner may reside in either the remaining portion of the primary single-family dwelling or the newly created JADU. Owner-occupancy shall not be required in either of the following situations:
1. T
he JADU has separate sanitation facilities (i.e., it does not share sanitation facilities with the existing primary dwelling unit structure).
2. T
he property is entirely owned by another governmental agency, land trust, or housing organization.
(i
) Long-Term Rentals Only. Rental of a JADU created under this Chapter shall be for a term longer than 30 days. This provision applies regardless of when the JADU was created. (j
) Deed Restriction. Before the issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office, and a copy must be filed with the Planning Department. The deed restriction shall include both of the following :
1. A
prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.
2. A
restriction on the size and attributes of the JADU that conforms with this section.
3. T
he deed restriction may be removed if the owner eliminates the JADU, as 25977.00110\44463051.1
13 evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may submit a written request to the Planning Department, providing evidence that the JADU has been eliminated. The Planning Department may then determine whether the evidence supports the claim that the JADU has been eliminated.
Appeal may be taken from the Planning Department’s determination, consistent with other provisions of this Code. If the JADU is not entirely physically removed but is eliminated only by removing a necessary component of a JADU, the remaining structure and improvements must otherwise comply with the applicable provisions of this Code.
4. Th
e deed restriction is enforceable by the Planning Department for the benefit of the Town. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the Town is authorized to obtain any remedy available to it by law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
[Hi
story: Ord. 770, 3/22/17; Ord. 801, 6/10/20]
CHAPTER FIVE: ZONING
Subchapter 5.03: Zoning Ordinance
5. 03.030 Definitions generally.
For
the purpose of this subchapter, unless the context otherwise requires, the following definitions shall be used in the interpretation of this subchapter. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent living, sleeping, eating, cooking, and sanitation provisions on the same parcel where the single -family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
1. A
n efficiency unit.
2. A
manufactured home, as defined in Section 18007 of the Health and Safety Code. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“Antennae sleeve flag” means a flag made out of fabric or plastic attached to a sleeve or tube which is placed over the antennae of an automobile as a means of drawing attention to the vehicle.
“Area of a sign” means the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary support or uprights on which such sign is placed but including any sign tower. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. “Attached to a building” means the sign is supported, in whole or in part, by a building. “Balloon” means any object enlarged or inflated by less than five cubic feet of air or gases. “Banner” means any sign constructed of fabric or sheeting that is mounted between two poles or attached to a structure by two or more edges and intended to be displayed for a limited time (less than 60 consecutive days).
“Bunting” means any woven fabric in single or multiple colors used for decoration. “Changeable” means any sign, banner, bunting or inflatable that is used for a short-term sales
ATTACHMENT B
promotion and not intended for permanent display.
“Commercial sign” means any sign with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a product or service for purchase or sale, or to any business or organization that is engaged in, or plans to engage in, the sale or purchase of a product or service.
“Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
“Conversion ADUs” for single-family properties mean ADUs created from the existing space within a proposed or existing primary home or the existing space of an accessory structure. For multi- family properties, conversion ADUs are created from non-livable portions of an existing structure (spaces not used for living, sleeping, eating, cooking, or sanitation). “Cu
tout letter sign” means a fascia sign consisting of individual cutout letters separately attached to the building wall.
"Density bonus" means a density increase over the otherwise allowable maximum residential density granted pursuant to Government Code Section 65915 and this Code. “Detached ADUs” means newly constructed ADUs located on the same property as an existing or proposed single-family or multi-family residence, fully detached from the primary residence. “Directly illuminated sign” means a sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light inside or on the sign. “Efficiency kitchen” means a kitchen that includes all of the following:
1. A
cooking facility with appliances.
2. A
food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
“Effi
ciency unit” has the same meaning as that defined in Section 17958.1 of the Health and Safety Code.
“El
ectronic submittal” means the submission of materials via electronic mail. “Fascia sign” means a sign attached flush to the exterior wall of a building so that copy is meant to be viewed along sight lines perpendicular to the wall of the building. “Flag string” means a series of cut pieces of cloth, plastic or other material strung together and mounted between two poles or attached to a structure by two or more edges and intended to be displayed for a limited time (less than 60 consecutive days). “Freeway sign” means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only a limited or restricted right or easement of access, the precise route for which has been determined and designated as a freeway by an authorized agency of the State or a political subdivision thereof. The term shall include the main traveled portion of the traffic way and all ramps and appurtenant land and structures.
“Height of a sign” means the vertical distance from the uppermost point used in measuring the area of a sign, as defined in Section) 5.03.030, to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street, alley or highway (other than a structurally elevated roadway), whichever measurement permits the greater elevation of the sign.
“Historic resource” means structures and sites which have one or more of the following characteristics:
1. A reminder of past years, events and persons important in local, state or national history;
2. An
example of once common structure with a design that specifically relates to its now rare or nonexistent first use or business;
3. A
unique or irreplaceable asset to the Town or a neighborhood, which asset enriches human life and/or serves an educational benefit by providing future generations examples of the physical surroundings of the past;
4. An
example essential to maintaining the overall historic character of a larger area;
5. A s
tructure having architectural significance. A structure determined to have architectural significance shall be one which is valuable as an example of:
a. Arc
hitectural design that is attributable to an historic period; b. A
commonly identified architectural style or method of construction; c. Arc
hitectural design that is unusual, beautiful or ingenious; d. A
notable work of a major builder or designer;
e. Un
usual quality of workmanship;
f. Unu
sual use of construction materials.
“Impact Fee” has the same meaning as the term “fee,” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge by a local agency, special district, or water corporation.
“Indirectly illuminated sign” means a sign illuminated with a light directed primarily toward it and so shielded that no direct rays from the light are visible elsewhere than on the parcel where the sign is located. If not effectively so shielded, such sign shall be deemed to be a directly illuminated sign.
“Inflatable” means any shaped object enlarged or inflated by more than five cubic feet of air or gases.
“Junior Accessory Dwelling Unit” or “JADU” means a residential unit that is no more than 500 square feet of interior livable space in size and contained entirely within an existing single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
“Large family day care home” means a home licensed by the State Department of Social Services or designee pursuant to state law that provides family child care for up to 12 children, or for up to 14 children including children under the age of 10 who reside at the home or are the children of an assistant childcare provider, for periods of less than 24 hours a day while the parents or guardians are away.
“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
“Li
ving area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. “Low barrier navigation centers” means a housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing. “Master sign program” means a plan indicating the location, size and type of signs for an entire property or series of properties.
“Monument sign” means a sign the bottom edge of which lies on the ground. A wood supported or wood framed sign which, to avoid soil contact, retains a clearance from the ground of no more than six inch clearance.
“Non-commercial sign” means any sign that is not a commercial sign. “Non-conforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
“Non-illuminated sign” means a sign which is not artificially illuminated, either directly or indirectly.
“Objective design standards” means those that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.
“Off
-site sign” means a sign which directs attention to a business, commodity, industry or other activity which is sold, offered or conducted elsewhere than on the premises where the sign is located, or which is sold, offered or conducted on such premises only incidentally if at all. “On-site sign” means a sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered, or conducted, other than incidentally, on the premises upon which such sign is located or to which it is affixed. Where a number of commodities with different brand names or symbols are sold on the premises, up to 1/3 of the area of an on -site sign, up to 25 square feet, may be devoted to the advertising of one or more of those commodities by brand name or symbol as an accessory function of the on-site sign, and provided also that any limits which may be imposed by this Code on the area of individual signs and the area of all signs on the property are not exceeded. On -site signs shall also include signs which present a non-commercial message.
“Ou
tdoor decorations” means, pennants, banners, streamers, ribbons or similar displays used to create a festive atmosphere.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
“Permitting Agency” means any entity involved in reviewing a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. “P
ole sign” means a sign, no part of which is supported by a building. The sign support shall consist of a pole or sign tower. Regulations for pole signs shall not apply to monument signs. “Projection” means the horizontal distance by which the farthest point used in measuring the area of a sign, as defined in section 5.30.030. extends beyond a street property line or a building setback line. A sign placed flat against the wall of a building parallel to a street or alley shall not be deemed to project for purposes of this definition. A sign on an awning or canopy shall be deemed to project to the extent that such sign extends beyond a street property line or a building setback line.
“Prominent display vehicles” means vehicles positioned on platforms, scissor ramps, in a showroom or area of high street visibility in order to attract customers. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Roof sign” means a sign extending in whole or in part beyond the roof line of a building, or erected or painted on or over the roof covering any portion of a building, whether supported on the roof or on an independent structural frame or sign tower, or located on the side or roof of a penthouse, roof tank, roof shed, elevator housing or other roof structure. “Sale or lease sign” means a sign which serves only to communicate the availability for sale, lease or rental the lot or building on which it is placed, or some part thereof. “Shopping center” means a group of stores and shops on a single parcel or contiguous parcels of land which holds itself out as a central retail market. “Sign” means any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected or represented on any land or right -of-way, or on the outside of any building or structure, including an awning, canopy, marquee or similar appendage, or affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark or other representation used as, or in the nature of, any announcement, advertisement, attention-arrester, direction, warning or designation, by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise or industry. A “sign” is composed of those elements included in the area of the sign as defined in section 5.30.030 of this Code, and in addition the supports, uprights and framework of the display. Except in the case of off- site signs, two or more face s shall be deemed to be a single sign if such faces are contiguous on the same plane, or are placed back-to- back to form a single structure and are at no point more than two feet from one another. “Sign field” means the background to which the sign message is contrasted. “Sign permit” means a permit issued pursuant to section 5.30.340 to permit applicable signs. “Sign program” means a Master Plan describing overall sign design, lettering, sign placement, materials and size standards for signs on a development site. “Sign tower” means a tower, whether attached to a building, free -standing, or an integral part of a building, which has a sign attached thereto.
“Single Room Occupancy (SRO)” means a form of housing that is typically aimed at residents with low or minimal incomes who rent small, furnished single rooms with a bed, chair, and sometimes a small desk. SRO units are rented out as permanent residence and/or primary residence[2] to individuals, within a multi -tenant building where tenants share a kitchen, toilets or bathrooms.
“Small residential rooftop solar energy system” means a solar energy system that meets all of the following: (1) is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; (2) conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the Town, and all State and local Health and Safety standards as adopted or amended by the Town; (3) is installed on a single or duplex family dwelling; and (4) the panel or module array does not exceed the maximum legal building height as defined by the Town.
“Solar energy system ” means a solar energy system as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time. “Specific, adverse impact ” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. “Street property line” means, for purposes of the Signs subchapter only, any line separating private property from either a street or an alley.
“Supportive housing” is a combination of housing and services intended as a cost-effective way to help people live more stable, productive lives,
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
“Temporary non-commercial sign” means a temporary sign with a non-commercial message. “Temporary sign” means any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, that is not designed or intended to be placed permanently. “Temporary signage” means any sign, banner, bunting, balloon, or outdoor decoration to be displayed for a period of three days or less.
“Under canopy sign” means a sign attached under a canopy or soffit of a building so located as to be viewed by pedestrians using the sidewalk fronting the premises. “Vehicle price sign” means any sign painted or affixed to the inside or outside of window of a vehicle advertising the price or features only.
“Wind sign” means any sign composed of two or more banners, flags, or other objects, mounted serially and fastened in such a manner as to move upon being subjected to pressure by wind or breeze.
“Window sign” means any sign painted or affixed to the inside or outside of a building window.
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 1 of 6 ORDINANCE NO. ____
OF
THE CITY COUNCIL OF THE TOWN OF COLMA
AN ORDINANCE AMENDING SUBCHAPTER 5.03 (DEFINITIONS) AND SECTION IV. (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS) OF THE COLMA ZONING CODE TO ALIGN LOCAL REGULATIONS WITH THE CALIFORNIA GOVERNMENT CODE, TITLE 7, DIVISION 1, CHAPTER 13, AS AMENDED BY LEGISLATION EFFECTIVE JANUARY 1, 2024; MARCH 27, 2024; JANUARY 1, 2025; AND JANUARY 1, 2026
The City Council of the Town of Colma does hereby ordain as follows:
ARTICLE 1. RECITALS.
The
City Council of the Town of Colma finds:
(a) Pursuant to the Town’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, safety, and welfare of the Town and its residents; and (b) O
n December 14, 2022, the City Council adopted Urgency Ordinance No. 813, which amended Chapter 5, Subchapter 5.19, of the Colma Municipal Code to establish new restrictions on the local regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in accordance with the provisions of Government Code sections 65852.2 and 65852.22, as amended by legislation effective January 1, 2023; and (c) O
n February 24, 2024, the City Council adopted Ordinance No. 819 to amend and update the Town’s planning, zoning, and land use regulations codified in Subchapters 5.03, 5.05,
5.06, 5.12, 5.15, 5.19, and 5.20 of Chapter 5 (Planning, Zoning, Use & Developmen t of Land & Improvements) of the Colma Municipal Code, ensuring compatibility with the Town’s General Plan (General Plan 2040), adopted on March 23, 2022, and the Town’s Housing Element Update, adopted on January 10, 2024; and
(d) As part of the Town’s effort to align its zoning regulations with the General Plan 2040 and Housing Element Update , Ordinance No. 819 reorganized six existing subchapters of the Colma Municipal Code for incorporat ion into the updated Zoning Code, including Section IV.
Accessory Dwelling Units (formerly subchapter 5.19); and (e) The California Legislature has enacted multiple bills amending Government Code Title 7, Division 1, Chapter 13, effective January 1, 2024; March 27, 2024 , January 1, 2025; and January 1, 2026, to streamline the development and regulation of ADUs and JADUs; and
ATTACHMENT C
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 2 of 6 (f) The City Council wishes to amend Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Colma Zoning Code to align local regulations with these state mandates to ensure legal compliance, and support the Town’s housing goals as outlined in the General Plan 2040 and 2023- 2031 Housing Element (“Zoning Code Update”); and
(g) The Zoning Code Amendment will modify Subchapter 5.03 to add new definitions and revise existing ones related to ADUs and JADUs, as well as Section IV of the Colma Zoning Code to improve the document’s structure and make it more user -friendly by replacing the ordinance entirely; and
(h) The Zoning Code Amendment will further update Section IV of the Colma Zoning Code to put into effect proactive policies and incentives that help remove barriers to ADU development in pursuit of a Prohousing Designation through the State Department of Housing and Community Development, as required by the Town’s Housing Element Program 5.4 Address Needs of Extremely Low-Income Households, and
(i) The Zoning Code Amendment is necessary to align with legislative changes to State ADU Laws enacted in 2024, 2025, and 2026, and
(j) AB 2533 and SB 1211 took effect January 1, 2025, and if the City’s ADU Ordinance did not comply with the requirements imposed by those bills by that date, the entire existing ADU Ordinance would have become null and void as a matter of law; and (k) The City Council conducted a duly noticed public hearing on January 14, 2026, at which time the City Council thoroughly considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing; and
(l) Adoption of the Ordinance is consistent with the Colma General Plan as a matter of law under Government Code sections 66314(c) and 66319; and (m) This Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety, and welfare of the community and is a valid exercise of the local police power and in accord with State law; and (n) All legal prerequisites to adopting this Ordinance have occurred.
ARTICLE 2. INCORPORATION OF RECITALS.
Th
e City Council hereby finds that all the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 3 of 6
ARTICLE 3. AMENDMENT.
The Colma Zoning Code Subchapter 5.03 (Definitions) and Section IV. (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby amended as set forth in the attached Exhibits “A” and “B” incorporated by this reference.
ARTICLE 4 . SEVERABILITY. Each of the provisions of this Ordinance is severable from all other provisions. If any section, subsection, paragraph, sentence, clause, or phrase of this O rdinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
ARTICLE 5 . CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city to implement the provisions of Article 2 (commencing with section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUs (pursuant to Government Code section 66323(a)(1)(D)). Therefore, adoption of the Ordinance is statutorily exempt from CEQA because it implements State ADU Law.
ARTICLE 6. N OTICE OF DETERMINATION. Town staff are hereby authorized and directed to prepare, file, and post a Notice of Determination pursuant to CEQA with respect to the adoption of this Ordinance.
ARTICLE 7. EFFECTIVE DATE. This Ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.
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Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 4 of 6
I certify that the foregoing Ordinance No._____ was duly introduced at a regular meeting of the City Council of the Town of Colma held on January 14, 202 6, and duly adopted at a regular meeting of said City Council held on _______, 2026.
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro, Vice Mayor
Joanne F. del Rosario
Thomas Walsh
Ken Gonzalez
Voting Tally
Dated: __________________ ___________________________________ Carrie Slaughter, Mayor
Attest: _____________________________
Michelle Estabillo Gourlie, City Clerk
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 5 of 6
EXHIBIT “A”
Ord. _____, Amending Zoning Code Subchapter 5.03 (Definitions) and Section IV. Page 6 of 6
EXHIBIT “B”
Staff Report - El Camino Real Bicycle and Pedestrian Improvement Project, PA&ED - First Amendment Page 1 of 4
STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works and Planning Abdulkader Hashem, Principal Project Manager
VIA: Daniel Barros, City Manager
MEETING DATE: January 28, 2025
SUBJECT: El Camino Real Bicycle and Pedestrian Improvement Project, Project Approval and Environmental Document (PA&ED) - First Amendment
RECOMMENDATION
Staff recommends that the City Council make the following motion:
APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH MARK THOMAS IN THE AMOUNT OF $239,521.02 FOR A NEW TOTAL AUTHORIZED AGREEMENT AMOUNT NOT TO EXCEED $2,342,574.73 FOR
THE EL CAMINO REAL BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT, PROJECT
APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED) PHASE PURSUANT TO CEQA GUIDELINE 15306
Council Adopted Values
The PA&ED phase of El Camino Real Bicycle and Pedestrian Improvement Project is visionary, because it involves putting a feasible and fundable design alternative that will provide safe, attractive and sustainable paths of travel for those who walk, bike, or use public transportation to and from work along El Camino Real.
BACKGROUND
El Camino Real (SR-82, “ECR”) is a State-owned and operated highway. The highway is a North-South roadway that travels from one end of Town at the County of San Mateo/Daly City border within the Town of Colma to the Hicky Boulevard within the City of South San Francisco.
The San Mateo County Transportation Authority (SMCTA) awarded the Town of Colma $2,295,000 from the Measure W Highway Program (Measure W Funds) for the Project Approval and Environmental Document (PA&ED) phase of the El Camino Real Bicycle and Pedestrian Improvement project. The Town and City will contribute $255,000 in local matching funds ($199,000 by the Town, and $56,000 by the City) for a total project budget of $2,550,000. The local match allocation for each Town and City is based on the proportion of the ECR segment within the jurisdiction.
AGENDA ITEM #4
Staff Report - El Camino Real Bicycle and Pedestrian Improvement Project, PA&ED - First Amendment Page 2 of 4 The Town of Colma is the Project sponsor and implementing agency in partnership with the City of South San Francisco. SMCTA is the funding agency, which also participates in project management, and Caltrans provides oversight at no cost.
On July 30, 2024, the Town executed a Professional Services Agreement with Mark Thomas to prepare the Project Approval and Environmental Document (PA&ED) phase for the El Camino Real Project. Due to expanded requirements and study needs identified by Caltrans, the scope of work has been extended to include additional deliverables: 1) A Historical Resources Evaluation Report (HRER) with completion of the technical reports, a Value Engineering/Value Analysis study, and a supplemental Topographic Survey, which require additional consultant service cost and time to complete the PA&ED phase. Staff anticipates that additional funding will be required and will make the recommendation for First Amendment to the Agreement.
FISCAL IMPACT
The requested $239,521.02 increase in the First Amendment to the original Agreement (dated July 30, 2024) is necessary to fund the additional scope required to complete the PA&ED phase.
However, this cost has no impact on the total budget allocated through the SMCTA Measure W funds. The new total cost for the Agreement with Mark Thiomas will be as follows:
• First Amendment:
o HRER and completion Technical Studies Costs $ 188,456.00 o Value Engineering/Value Analysis Study $ 34,545.00 o Supplemental Topographic Survey $ 16,520.02
Total First Amendment: $ 239,521.02
• Original Agreement with Mark Thomas $ 2,103,053.71
New Total Agreement Amount: $2,342,574.73
Detailed Description of the Project
The Town of Colma is moving forward with the El Camino Real Bicycle and Pedestrian Improvement Project, Project Approval and Environmental Document (PA&ED) phase. The project aims to enhance safety, provide multimodal accessibility, improve connectivity and access to public transportation, and support economic growth by providing continuous sidewalks and dedicated bicycle lanes along approximately 1.5 miles of El Camino Real/State Route (SR) 82 between Albert M Teglia Boulevard in the Town of Colma and Hickey Boulevard in the City of South San Francisco. The project is divided into three segments: Segment A from Albert M. Teglia Boulevard to Mission Road, Segment B from Mission Road to Arlington Drive in the Town of Colma, and Segment C from Arlington Drive to Hickey Boulevard in the City of South San Francisco.
ENVIRONMENTAL
The City Council’s action in adopting the resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15306 as Staff Report - El Camino Real Bicycle and Pedestrian Improvement Project, PA&ED - First Amendment Page 3 of 4 info
rmation collection. The resolution will authorize information gathering for bike and pedestrian improvements along El Camino Real that will lead to an appropriate environmental document or exemption which will be considered prior to any approval of the overall project.
Adoption of the resolution will not commit the Town to a course of action nor will it approve any actual physical improvements along El Camino Real. Instead, any improvements will only be considered for potential approval after CEQA review has concluded and the results of that review are considered by the City Council prior to authorizing any discretionary action approving the project.
ANALYSIS
The
scope of this project is to prepare a Project Approval and Environmental Document (PA&ED) for the El Camino Real Bicycle and Pedestrian Improvement Project. This PA&ED is a subsequent study to the Project Initiation Document (PID), which was completed in February 2025, including intersection controls and alternatives, costs, and impacts.
The PA&ED scope includes field surveying and mapping, traffic forecast and operational analysis, preliminary engineering, and related environmental studies. Caltrans provide oversight throughout the PA&ED process and Quality Management Assessment.
The expanded scope of services required to complete PA&ED phase will include the following tasks:
1) Prepare a Historical Resources Evaluation Report (HRER) and complete the technical reports and memos (Air Quality, Floodplain and Water Quality, Community Impact Assessment, and Visual Impact Assessment), (Attachment A-1 in the First Amendment).
2) Perform Value Engineering/Value Analysis Services (Attachment A-2 in the First Amendment).
3) Perform a supplemental Topographic Survey with base mapping for Colma Creek at Cyress Lawn (Attachment A-3 in the First Amendment).
The initial agreement with Mark Thomas, executed on July 30, 2024, was for $2,103,053.71 to complete the Project Approval and Environmental Document (PA&ED) phase for the El Camino Real Bicycle and Pedestrian Improvement project. A First Amendment to this agreement is now required, adding $239,521.02 for additional scope and technical studies necessary to successfully complete the PA&ED phase and secure project approval from Caltrans, resulting in a new agreement amount of $2,342,574.73.
Due
to the expanded scope of work, the anticipated project completion date is now July 31, 2026. The Time of Performance stipulated in the Agreement will be formally amended to reflect this change, subject to final approvals from Caltrans and SMCTA.
Sus
tainability Impact
Creating safe and attractive routes of travel for pedestrians, bicyclists and those who travel using public transit will attract more of the public to use these modes of transportation thus having a positive impact on lowering the Town’s Greenhouse Gas (GHG) emissions.
Staff Report - El Camino Real Bicycle and Pedestrian Improvement Project, PA&ED - First Amendment Page 4 of 4
CONCLUSION
Staff recommends that the City Council by motion, approve and authorize the City Manager to execute the First Amendment to the Agreement with Mark Thomas for the completion of the El Camino Real Bicycle and Pedestrian Improvement Project, Project Approval and Environmental Document (PA&ED) in the amount of $239,521.02, for a new total authorized agreement amount not to exceed $2,342,574.73, and extend the Time of Performance to July 31, 2026.
ATT
ACHMENTS
A. Fir
st Amendment to the Professional Services Agreement with Mark Thomas B. Professional Services Agreement with Mark Thomas
25977.00130\41860022.1
- 1 -
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
TOWN OF COLMA AND MARK THOMAS & COMPANY, INC.
FOR
EL CAMINO REAL BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT,
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
Thi
s First Amendment to Professional Services Agreement between the TOWN OF COLMA and MARK THOMAS & COMPANY, INC. (“FIRST AMENDMENT”) is made and entered into this ___ day of ______ 2026 by and between the TOWN OF COLMA, a California municipal corporation (“TOWN”) and MARK THOMAS & COMPANY, INC. , a California corporation with its principal place of business at 2833 Junction Avenue, Suite 100, San Jose, CA 95134 (“CONSULTANT”) TOWN and CONSULTANT are sometimes referred to individually as “PARTY” and collectively as “PARTIES” in this Agreement.
RECITALS
WHEREAS, TOWN and CONSULTANT previously entered into that certain agreement entitled “PROFESSIONAL SERVICES AGREEMENT” between the TOWN OF COLMA and MARK THOMAS & COMPANY, INC . for the El Camino Real Bicycle and Pedestrian Improvement Project, Project Approval and Environmental Document (PA&ED) (“Project”) dated July 30, 2024, in the amount of $2,103,053.71 (“AGREEMENT”); and WHEREAS, TOWN and CONSULTANT now desire to amend the AGREEMENT to accomplish the following:
1. Amend Section 1 to expand the Scope of Services; and
2. Amend Section 2 to acknowledge a new amount of compensation for the new tasks contemplated in the expanded Scope of Services, for a new total contract amount of $2,342,574.73 ($2,103,053.71 + $188,456.00+ $34,545.00 + $16,520.02); and
3. Amend Section 5 (Time of Performance) to revise the contract end date and extend the AGREEMENT term to July 31, 2026; and
4. Amend Exhibit “A” ( Scope of Services ), to include an expanded Scope of Services, in addition to the original Scope of Services dated July 30, 2024; and
5. Amend Exhibit “B” (Schedule of Charges/Payments), to include a new increased amount of compensation for the expanded scope of services; and
6. Amend Exhibit “C” ( Activity Schedule ), to include a Revised Activity Schedule to complete the services required under this AGREEMENT by July 31, 2026.
ATTACHMENT A
25977.00130\41860022.1
- 2 -
FIRST AMENDMENT
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET
FORTH IN THIS FIRST AMENDMENT AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. Section 1, Description of Services, is hereby amended to read in its entirety as follows:
“1. Services.
Consultant shall provide the Town with the services described in the Scope of Services outlined in Exhibit “A” to the AGREEMENT and shall also provide the additional services described in Exhibit “A” of this First Amendment.” SECTION 2. Section 2, Compensation, is hereby amended to read in its entirety as follows:
“2. Compensation.
a. Subject to paragraph 2(b) below, the Town shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B” to the AGREEMENT and Exhibit “B” to this First Amendment.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $2,342,574.73 [Two Million Three Hundred Forty-Two Thousand Five Hundred Seventy-Four and 73/100 Dollars]. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.” SECTION 5: Section 5, Time of Performance, is hereby amended to read in its entirety as follows:
“5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Town to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder by July 31, 2026, in accordance with the Activity Schedule set forth in Exhibit “C” to this First Amendment. The Notice to Proceed shall set forth the date of commencement of work.”
EXHIBIT C: The Activity Schedule, originally set forth in Exhibit “C” to the AGREEMENT, is hereby deleted and replaced in its entirety with Exhibit “C” to this First Amendment to include the updated Time of Performance to complete the services required by July 31, 2026. 25977.00130\41860022.1
- 3 -
IN WITNESS WHEREOF, the Parties have entered into this FIRST AMENDMENT as of the ___ day of ______ 2026.
TOW
N OF COLMA MARK THOMAS & COMPANY, INC.
By:
By:
Daniel Barros
City Manager
Na
me: ________________________
Ti
tle: ________________________
25977.00130\41860022.1
EXHIBIT A
SCOPE OF SERVICES
EL CAMINO REAL BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT,
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
The amended Scope of Work includes all tasks outlined in Exhibit "A" of the original Professional Services Agreement (dated July 30, 2024), in addition to the following new scope:
1) Prepare a Historical Resources Evaluation Report (HRER) and complete the technical reports and memos (Air Quality, Floodplain and Water Quality, Community Impact Assessment, and Visual Impact Assessment), (Refer to Attachment A-1). 2) Perform Value Engineering/Value Analysis Services (Refer to Attachment A-2). 3) Perform a supplemental Topographic Survey with base mapping for Colma Creek at Cyress Lawn (Refer to Attachment A-3).
25977.00130\41860022.1
EXHIBIT B
SCHEDULE OF CHARGES/PAYMENTS
EL CAMINO REAL BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT,
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
Th
e amended Schedule of Charges/Payments includes all costs outlined in Exhibit "B" of the Professional Services Agreement (dated July 30, 2024), in addition to the following costs for the new scope:
1) $188,456.00 for the preparation of a Historical Resources Evaluation Report (HRER) and completion the technical reports and memos (Air Quality, Floodplain and Water Quality, Community Impact Assessment, and Visual Impact Assessment), (refer to Attachment A- 1).
2) $34,545.00 for Value Engineering/Value Analysis Services (refer to Attachment A- 2). 3) $16,520.02 for the supplemental Topographic Survey with base mapping performed for Colma Creek at Cypress Lawn (refer to Attachment B-1).
25977.00130\41860022.1
EXHIBIT C
ACTIVITY SCHEDULE
EL CAMINO REAL BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT,
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
(Refer to the Revised Activity Schedule - Attachment C)
The Time of Performance has been extended to July 31, 2026, to allow for the completion of the services outlined in the project scope and project closeout. 25977.00100\33555982.1
1 TOWN OF COLMA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 2023 by and between the Town of Colma, a public agency organized and operating under the laws of the State of California with its principal place of business at 1198 El Camino Real, Colma, CA 94014 (“Town”), and Mark Thomas & Company, Inc., a California corporation with its principal place of business at 2833 Junction Avenue, Suite 110, San Jose, CA 95134 ( hereinafter referred to as “Consultant”).
Town and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. Town is a public agency of the State of California and is in need of professional services for the following project:
El Camino Real Bicycle and Pedestrian Improvement Project, Project Study Report- Project Development Support ( PSR-PDS) ( hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for Town to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the Town with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the Town shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “ B”. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of 981, 737. 11 [Nine Hundred Eighty- One Thousand Seven Hundred Thirty- Seven and 11/ 100 Dollars]. This amount is to cover all printing and related costs, and the Town will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the Town, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the Town by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall March 30
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ATTACHMENT B
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2 be prepared by the Town and executed by both Parties before performance of such services, or the Town will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four ( 4) years from the date of final payment under the contract for inspection by Town.
5. Time of Performance
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Town to proceed (“ Notice to Proceed”).
Consultant shall complete the services required hereunder by May 10, 2024, in accordance with the Activity Schedule set forth in Exhibit “ C”. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither Town nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non- performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/ OSHA requirements. b. If required, Consultant shall assist the Town, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant’ s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
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3 9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the Town, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of Town. No employee or agent of Consultant shall become an employee of Town. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from Town as herein provided.
11. Insurance. Consultant shall not commence work for the Town until it has provided evidence satisfactory to the Town it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the Town. ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
1) Insurance Services Office Commercial General Liability coverage ( Occurrence Form CG 00 01) or exact equivalent. iii) Commercial General Liability Insurance must include coverage for the following:
1) Bodily Injury and Property Damage
2) Personal Injury/ Advertising Injury
3) Premises/ Operations Liability
4) Products/ Completed Operations Liability
5) Aggregate Limits that Apply per Project
6) Explosion, Collapse and Underground ( UCX) exclusion deleted
7) Contractual Liability with respect to this Agreement 8) Property Damage
9) Independent Contractors Coverage
iv) The policy shall contain no endorsements or provisions limiting coverage for ( 1) contractual liability; ( 2) cross liability exclusion for claims or suits by one insured DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
4 against another; ( 3) products/ completed operations liability; or ( 4) contain any other exclusion contrary to the Agreement.
v) The policy shall give Town, San Mateo County Transportation Authority (“ TA”), the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective officials, officers, employees, agents and Town designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi) The general liability program may utilize either deductibles or provide coverage excess of a self- insured retention, subject to written approval by the Town, and provided that such deductibles shall not apply to the Town as an additional insured. b. Automobile Liability
i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non- owned and hired vehicles, in a form and with insurance companies acceptable to the Town.
ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability Coverage Symbol 1, any auto).
iii) The policy shall give Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective officials, officers, employees, agents and Town designated volunteers additional insured status.
iv) Subject to written approval by the Town, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the Town as an additional insured, but not a self- insured retention.
c. Workers’ Compensation/ Employer’s Liability
i) Consultant certifies that he/ she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and he/ she will comply with such provisions before commencing work under this Agreement.
ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/ her to carry out the work contemplated under this Agreement, all in accordance with the Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
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5 d. Professional Liability ( Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the Town and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “ Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer' s duty to defend. e. Minimum Policy Limits Required
i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $ 1,000,000 per occurrence/ $ 2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $ 1,000, 000 combined single limit Employer’s Liability $ 1,000,000 per accident or disease Professional Liability $ 1,000,000 per claim and aggregate ( errors and omissions)
ii) Defense costs shall be payable in addition to the limits. iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the Town evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 ( or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance ( Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
i) Consultant shall provide the Town at least thirty ( 30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
6 shall provide at least ten ( 10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate( s) including the General Liability Additional Insured Endorsement to the Town at least ten ( 10) days prior to the effective date of cancellation or expiration.
ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’ s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the Town or any named insureds shall not be called upon to contribute to any loss.
iii) The retroactive date ( if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one ( 1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement.
iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Town, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’ s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Agreement or law.
h. Qualifying Insurers
i) All policies required shall be issued by acceptable insurance companies, as determined by the Town, which satisfy the following minimum requirements:
1) Each such policy shall be from a company or companies with a current A.M. Best' s rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the Town, is DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
7 not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Town will be promptly reimbursed by Consultant or Town will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Town may cancel this Agreement.
iii) The Town may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. iv) Neither the Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), nor their respective officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the Town that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the Town as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, Town may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
j. Supplemental Insurance Requirements
In addition, the Parties acknowledge that the consultant is being required to meet the insurance requirements set in the Funding Agreement dated November 17, 2022 between San Mateo County Transportation Authority and Town (“ Funding Agreement”), which is incorporated herein by reference. To effectuate the same, the Parties agree to the following provisions of this subdivision ( j). In the event of a conflict or inconsistency between the requirements of this provision and the other requirements of other provisions of this agreement, the stricter requirement shall control, and provided further that this Agreement shall not be construed in any manner which would be inconsistent with Town’s obligations under the Funding Agreement.
The Consultant is hereby required to meet the insurance requirements set in the Funding Agreement, and the following requirements shall apply to Consultant and shall be construed to be no narrower than the requirements of the Funding Agreement:
Consultant shall furnish and maintain appropriate insurance covering the work being performed.
The insurance requirements specified in this section will cover Consultant’ s own liability and any liability arising out of work or services of Consultant subcontractors, subconsultants, suppliers, temporary workers, independent contractors, leased employees, or any other persons, firms or corporations ( hereinafter collectively referred to as “Agents”) working on the Project.
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8 i. Minimum Types and Scope of Insurance. Consultant is required to procure and maintain at its sole cost and expense insurance subject to the requirements set forth below. Such insurance will remain in full force and effect throughout the performance of the Agreement between San Mateo County Transportation Authority and Town. All policies will be issued by insurers acceptable to the Town and between San Mateo County Transportation Authority ( generally with a Best’s Rating of A-10 or better). Consultant is also required to assess the risks associated with work to be performed by agents and to require that agents maintain adequate insurance coverages with appropriate limits and endorsements to cover such risks. To the extent that its agent does not procure and maintain such insurance coverage, an Consultant is responsible for and assumes any and all costs and expenses that may be incurred in securing said coverage or in fulfilling the Consultant’ s indemnity obligations as to itself or any of its agents in the absence of coverage. Consultant may self- insure against the risks associated with the Scope of Work, but in such case, waive subrogation in favor of the between San Mateo County Transportation Authority respecting any and all claims that may arise.
A. Workers’ Compensation and Employer’s Liability Insurance. Worker' s Compensation coverage must meet statutory limits and Employer’s Liability Insurance must have minimum limits of $ 1,000,000. Insurance must include a Waiver of Subrogation in favor of the Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective directors, officers, agents and employees .
B. Commercial General Liability Insurance. The limit for Commercial General Liability Insurance in each contract and subcontract cannot be less than $ 1,000,000.
Commercial General Liability Insurance must be primary to any other insurance, name Town, San Mateo County Transportation Authority, the State of California including by way of illustration and not by limitation the California Department of Transportation), and their respective directors, officers, agents and employees as Additional Insured, include a Separation of Interests endorsement and include a Waiver of Subrogation in favor of Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective directors, officers, agents and employees.
C. Business Automobile Liability Insurance. The limit for Business Automobile Liability Insurance in each contract and subcontract cannot be less than $ 1,000,000.
Insurance must cover all owned, non- owned and hired autos, and include a Waiver of Subrogation in favor of Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective directors, officers, agents and DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
9 employees.
D. Property Insurance. Property Insurance must cover an Entity’s and/ or Agent’s own equipment as well as any materials to be installed. Property Insurance must include a Waiver of Subrogation in favor of the Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective directors, officers, agents and employees.
E. Professional Liability Insurance. Professional liability insurance that covers each Consultant’ s professional work on the Project. The limit for Professional Liability Insurance in shall not be less than $ 1,000, 000.
ii. Excess or Umbrella Coverage. Consultant may opt to procure excess or umbrella coverage to meet the above requirements, but in such case, these policies must also satisfy all specified endorsements and stipulations for the underlying coverages and include provisions that the policy holder' s insurance is to be primary without any right of contribution from the Town, San Mateo County Transportation Authority, the State of California including by way of illustration and not by limitation the California Department of Transportation), and their respective directors, officers, agents and employees. iii. Deductibles and Retentions. Sponsor must ensure that deductibles or retentions on any of the above insurance policies are paid without right of contribution from Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective directors, officers, agents and employees. Deductible and retention provisions cannot contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the named insured is unacceptable.
In the event that any policy contains a deductible or self- insured retention, and in the event that the Town, San Mateo County Transportation Authority, the State of California including by way of illustration and not by limitation the California Department of Transportation), and their respective directors, officers, agents and employees seeks coverage under such policy as an additional insured, Consultant shall ensure that the policy holder satisfies such deductible to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Consultant, even if neither the Entity nor Agents are named defendants in the lawsuit. iv. Claims Made Coverage. If any insurance specified above is provided on a claim- made basis, then in addition to coverage requirements above, such policy must provide that:
A. Policy retroactive date coincides with or precedes the Consultant’ s start of work DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
10 including subsequent policies purchased as renewals or replacements).
B. Entity will make every effort to maintain similar insurance for at least three ( 3) years following Project completion, including the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, Consultant agrees to purchase an extended reporting provision of at least three ( 3) years to report claims arising from work performed in connection with this Agreement.
Policy allows for reporting of circumstances or incidents that might give rise to future claims.
D. Failure to Procure Adequate Insurance. Failure by Consultant to procure sufficient insurance under this Agreement does not excuse Consultant from meeting all obligations to indemnify, defend, and hold harmless generally or any of the remainder of this Agreement.
Prior to beginning work under this Agreement, Consultant must obtain, and produce upon request of the Town, satisfactory evidence of compliance with the insurance requirements of this section.
12. Indemnification.
a. For all matters except those that arise out of Consultant’ s performance of design professional” services ( as that term is defined under Civil Code section 2782. 8) to the fullest extent permitted by law, Consultant shall defend ( with counsel of Town’s choosing), indemnify and hold the Town, San Mateo County Transportation Authority, the State of California including by way of illustration and not by limitation the California Department of Transportation), and their respective officials, officers, employees, volunteers, and agents ( collectively, the Indemnified Parties”) free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’ s services, the Project or this Agreement ( each, a “Claim”), including but not limited to any of the following:
i. Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of the Funding Agreement between San Mateo County Transportation Authority and Town, or
ii. Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual property or proprietary right of any third party,
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11 including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective officials, officers, employees, agents, or volunteers. If any judgment is rendered, or settlement reached, against the any of the Indemnified Parties in any such action, Consultant Sponsor shall, at its expense, satisfy and discharge the same. With regard to any Claim alleging Consultant’ s negligent performance of professional services, Consultant’ s obligations regarding defense under this paragraph may be satisfied by the reimbursement of reasonable defense costs incurred to the extent of Consultant’ s actual indemnity obligations hereunder.
For the avoidance of doubt, the foregoing obligations shall survive termination or expiration of the Funding Agreement between San Mateo County Transportation Authority and Town. b. If Consultant’ s obligation to defend, indemnify, and/ or hold harmless arises out of Consultant’ s performance of “design professional” services ( as that term is defined under Civil Code section 2782. 8), then, and only to the extent required by Civil Code section 2782. 8, which is fully incorporated herein, Consultant’ s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’ s liability for such claim, including the cost to defend, shall not exceed the Consultant’ s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “ public works” and “ maintenance” projects Prevailing Wage Laws”). If the services are being performed as part of an applicable “ public works” or “ maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $ 1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the Town, San Mateo County Transportation Authority, the State of California ( including by way of illustration and not by limitation the California Department of Transportation), and their respective officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages ( Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777. 5), certified payroll records ( Labor Code Sections 1771. 4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors ( Labor Code Section 1777. 1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771. 4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771. 4. b. If the services are being performed as part of an applicable “ public works” or “ maintenance” project, then pursuant to Labor Code Sections 1725. 5 and 1771. 1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
12 Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725. 5 and 1771. 1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725. 5 and 1771. 1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’ s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’ s performance of services, including any delay, shall be Consultant’ s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the Town. Consultant shall defend, indemnify and hold the Town, San Mateo County Transportation Authority, the State of California including by way of illustration and not by limitation the California Department of Transportation), and their respective officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same.
15. [ Reserved]
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Mateo, State of California. 17 Termination or Abandonment
a. Town, or Consultant has the right to terminate or abandon any portion or all of the work under this Agreement by giving fourteen ( 14) calendar days written notice to the other party. In such event, Town shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/ or being abandoned. Town shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by Town and Consultant of the portion of such task completed but not paid prior to said termination. Town shall not be liable for any costs other than the charges or portions thereof which are specified DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
13 herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty ( 30) calendar days’ written notice to Town only in the event of substantial failure by Town to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “ Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the Town.
19. Organization
Consultant shall assign Shawn O’Keefe as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the Town.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
TOWN:
Town of Colma
1198 El Camino Real
Colma, CA 94014
Attn: Brian Dossey, City Manager
CONSULTANT:
Mark Thomas & Company, Inc.
2833 Junction Avenue, Suite 110,
San Jose, CA 95134
Attn: Shawn O’Keefe, Principal, Project
Manager
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Town and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
14 Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of Town and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision( s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of Town. Any attempted assignment without such consent shall be invalid and void.
27. Non- Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. Town’s Right to Employ Other Consultants
Town reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of Town, during the term of his or her service with Town, shall DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
15 have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
31. [ Reserved]
32. Funding Agreement. The requirements set in the Funding Agreement dated November 17, 2022 between San Mateo County Transportation Authority and Town (“ Funding Agreement”), which is incorporated herein by reference, are made applicable to this Agreement.
In the event that any provision of this Agreement can be construed to conflict with the Funding Agreement or to be inconsistent with the obligations of the Town thereunder, then such provision shall be construed and shall operate in the manner required by the Funding Agreement.
Compliance with the Funding Agreement is a condition of this Agreement.
SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
16 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN TOWN OF COLMA
AND MARK THOMAS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
TOWN OF COLMA MARK THOMAS & COMPANY, INC.
By: By:
Brian Dossey, City Manager
Its:
Printed Name:
ATTEST:
By:
Caitlin Corley, City Clerk
APPROVED AS TO FORM:
By:
Christopher Diaz, City Attorney
Principal + Vice President
Shawn O'Keefe
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
17 EXHIBIT A
Scope of Services
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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SCOPEOFWORK
TASK1. PROJECTMANAGEMENTAND ADMINISTRATION
Thistaskprovidesfor managementof theprojectinitiationefforts, developingandmaintainingtheprojectschedule, andprovidingregularprogressupdates. Participationin meetings (Kickoff, bi-weeklycoordination, PDT, stakeholder) is detailedin Task2. MarkThomaswillleadtechnicaleffortswithsupportfromtheTownof Colma (Town), theTA, and Caltrans. Thiscontractisassumedto takeup to 12months.
Task1.1. Work Planand Schedule:
MarkThomaswilldevelopa detailedbaselinecriticalpathschedulefor eachtask, identifyingresponsibilitiesof allteam membersandotherparties. Theschedulewillidentifytaskdependencies.
Task1.2. Set-up and Maintain ProjectFiles:
MarkThomaswillset-up andmaintainprojectfiles. Theprojectfileswillincludeagreements, correspondence, and copiesof draftandfinaltechnicalworkproducts. At projectcloseout, a copyof allprojectfileswillbesuppliedto each theTAandtheTownfor Invoicing: TheTownistheimplementingagencyandwillberesponsiblefor processing monthlypaymentsto MarkThomas, aswellasfor submittingthemonthlyinvoicesalongwithback-up detailsto theTA.
Astheimplementingagency, theTownwillberesponsiblefor reviewingthemonthlyinvoicesandprogressreports, includingworkaccomplishedduringthereportingperioddetailingpersonnelandcosts, workanticipated, issues, and schedule. TheTownwillreviewMarkThomas-producedreportsandserveasa day-to-daycontactwiththeMark Thomasteam.
Task1.3. Quality ManagementPlan:
MarkThomaswilldevelopa QualityManagementPlan (QMP), in collaborationwithTown, TA, andCaltrans, to documentqualitycontrol/qualityassuranceelementsanddocumentthatdeliverablesarereviewedassuchpriorto submissionto Caltrans. TheMarkThomasteammembers, bothinternalandsubconsultants, shalladhereto the establishedprocessesincludedin theplan. Theplanwilldescribethequalityproceduresthatwillbeimplemented duringthedevelopmentof thePSR-PDS. TheQMPdescribestheimplementingagency’squalitypolicyandhowit will beused. TheQMPwillincludetheprocessfor resolvingdisputesbetweenthePartiesat theteamlevel. TheQMPis subjectto Caltransreviewandapproval. ThistaskalsoincludesperformingdutiesassociatedwiththeQMPandMark Thomas’ QualityManagementProcess.
Task1.4. RiskManagementPlan:
MarkThomaswillprepareandmaintaina PIDlevelRiskManagementPlan (RMP) thatwillbedevelopedin partnership withtheProjectDevelopmentTeam (seeTask2.2). TheRMPwillsummarizepotentialprojectrisksandtheimpactsto theoverallprojectcostandschedule. Thisinformationwillbesummarizedin thePSR–PDSandincludedasan attachment.
Task1.5. ProjectSchedule:
MarkThomaswillprepare, update, maintainanddistributea CPMscheduleon a monthlybasis. Theprojectschedule willincludekeymilestonesfor thePIDprocess, andhighleveltasksfor thePA&EDprocess, rightof wayacquisitionand DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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utilityrelocationprocess, andPS&Eprocess. MarkThomaswilldistributeanupdatedelectronicprogressschedule monthly. MarkThomaswillnotifytheTownof impactsthatmayaffectschedulemilestonesin a timelymanner. The initialprojectschedulewillbepreparedfor andapprovedby theTownat theoutsetof theprojectasa partof Task1.1.
Task1.6. GeneralProjectManagement, Coordination, and Invoicing:
Thistaskwillincludeongoinggeneralprojectmanagementactivities, includingcoordinatingsubconsultantactivities andsubmittals. MarkThomaswillcoordinatedesignactivitieswithconsultantteammembers, adjacentprojectsand stakeholdersthroughregularcommunicationviatelephonecalls, emailsandothercorrespondence. MarkThomaswill alsopreparemonthlyinvoicesandprogressreportsto besubmittedto theTownon a monthlybasis. It isassumedthe projectwilllast12months.
DELIVERABLES:
x BaselineCriticalPathMethod (CPM) Schedule
x MonthlyCPMScheduleUpdates (up to 11)
x DraftandFinalQualityManagementPlan
x DraftandFinalRiskManagementPlan
x MonthlyProgressReportsandInvoices (up to 12)
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted TASK2. STAKEHOLDERENGAGEMENTAND COORDINATION
Thistaskentailsongoingcommunicationandcoordinationwithotheragencypartnersto providea robustalternatives analysis, whilebuildingpoliticalwill. TheProjectDevelopmentTeam (PDT) willmeetmonthly. SeparatefromthePDT, a smallergroupcoordinationmeeting (withtheTown) willtakeplacefor additionaldiscussionfor thedurationof the project. Additionalmeetingdetails aredescribedbelow:
Task2.1. Pre-PID/Kick-off Meeting:
Thepurposeof thismeetingisto developa sharedviewof theProjectandthescopeof thePSR–PDS. Aspartof the meetingpreparationprocess, MarkThomaswilladvisetheTownon thespecificsof theprojectandon theidentification of theframeworkfor establishingalternativesthatwillbestudiedto meettheprojectpurposeandneed. TheTown, TA, Caltrans, andMarkThomaswillengagein a pre-PIDmeetingto:
x Prepareandfinalizetheprojectworkscope
x Establishprocedures, roles, andresponsibilities
x Communicatea sharedvisionof theproject
x Settheframeworkanddecision-makingstructurefor gettingconsensuson purposeandneed, designconcept andscope, andanalysiscriteria
x Identifyknowndeficiencies
x Identifymembersof theProjectDevelopmentTeam (PDT)
x PDTMeetingsschedulingandcoordination
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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Task2.2. ProjectDevelopmentTeam (PDT):
TheTownwithMarkThomas' assistancewillberesponsiblefor theformationof a PDTto guideandassistin the developmentof theProject. Anticipatedmembersof thePDTincludeanassignedTown’sprojectmanagerandother representativesasapplicable, Caltrans’ projectmanagerandrepresentativesfromappropriatefunctionalunits includinghighwayoperations, planning, anddesign), andTA’sprojectmanagerandotherrepresentativesas applicable. Additionalrepresentativesto bepotentiallyidentifiedfromSanMateoCounty, PacificGas & Electric Company (PG&E), SamTrans (transitoperations), USFishandWildlife, CaliforniaStateWaterResourcesControlBoard, Cityof SouthSanFrancisco, andotherswhowillattendthePDTmeetingsasneeded. ThePDTisexpectedto meet monthlyfor theprojectperiod, andon anas-neededbasis. MarkThomaswillprepareandfacilitatePDTmeetings. will prepareagendas, othermeetingmaterials, meetingminutes, andactionitems. MarkThomaswillattendup to twelve 12) PDTmeetings.
Task2.3. ProjectCoordination Meetings:
MarkThomaswillattendbi-weeklycoordinationmeetingswiththeTownandotherprojectteammembersincluding theTAasrequired. MarkThomaswillparticipatein twenty-six (26) bi-weeklyvideocalls (assumed30minutes) viaMS Teamsto provideregularworkupdatesbetweeneachmonthlyPDTmeetinganddiscussof anyissuesthatmayarise.
Thebi-weeklyprojectcoordinationmeetingsareintendedto beinformalcheck-insandno agendasor meeting minuteswillbeprepared.
Task2.4. Individual AgencyCoordination:
Giventheexistingpowerpolesandculvertwithintheprojectarea, earlycoordinationwithPG&Eandotherutility providersiscriticalto seekopportunitiesfor projectco-benefitslikerepairsandopportunitiesfor greeninfrastructure.
Similarly, ongoingcoordinationwiththeUSFishandWildlifeServiceiscrucialdueto thepotentialfor endangered specieswithintheprojectarea. TheTownandMarkThomaswiththeTAandCaltranssupportwillidentifyandengage keystakeholdersone-on-oneasneeded. MarkThomaswillparticipatein up to four (4) IndividualAgencyCoordination meetings.
Task2.5. Coordination Meetingsand Hearings:
TheMarkThomasteamin collaborationwithTownandTAstaffwillpresenttheprojectat keypointsto theColma TownCouncilandtheTABoardof Directors. TheMarkThomasTeamwillparticipatein up to three (3) Decisionmaker meetings.
DELIVERABLES:
x Pre-PID/Kick-off meeting (incl. agendaandminutes)
x MonthlyPDTmeetings (up to 12, incl. agendasandminutes) x Bi-WeeklyTowncoordinationmeetings (up to 26)
x Individualagencycoordinationmeetings (up to 4, incl. agendasandminutes) x Decisionmakermeetings/hearings (up to 3)
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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TASK3. ENGAGEMENT
Communityengagementisanimportantelementof projectsuccessandmeetingthecommunity’sneeds. TheMark Thomasteamwillreviewandbenefitfromthestrategiesandoutcomesof thecommunityengagementprocess deployedduringthedevelopmentof theTownof ColmaElCaminoRealBicycleandPedestrianImprovementPlanand shouldcontinueto providetransparencyandmeaningfuldialoguewithcommunitystakeholdersthroughoutthe Project. TheMarkThomasteamwillworkcloselywiththeTown, TA, andCaltransto deviseanapproachthatadvances equityobjectivesin communityengagement.
Task3.1. PrepareCommunity-facing Materials:
TheMarkThomasteamwilldevelopa briefengagementplanthatbuildsoff thesuccessfulengagementin theprevious projectphase. Theplanwilldescribeengagementgoals, audiences, tacticsfor equitableandinclusiveengagement, constraintsandopportunitiesfor publicandstakeholderinput, anda scheduleintegratingengagementeffortswith technicalprojectneeds.
TheMarkThomasteamwillpreparecommunity-facingmaterialsaboutthePSR-PDSprocessin jargon-freelanguage, includingwhatthePSR-PDSphasewill “do or not do,” howpastplanningprojectsareconnected, andopportunitiesfor input. Materialswillincludea recordedpresentation, factsheets, andwebpagecontent. Updatesto materialsshallbe preparedby theMarkThomasteamasneededto appropriatelyreflectongoingProjecttasksandcommunityoutreach initiatives. TheTownandpossiblytheTAwillhostthewebpageanddistributeinformationto keypartners. Thewebsite includingpublishedmaterialwillmeetADAcomplianceneeds, andpublishedmaterialfor communitymeetingswillbe translatedinto Spanish.
Task3.2. Community Meetings:
TheMarkThomasteamin partnershipwiththeTownwillhostcommunitymeetings (in-person, virtualor a hybrid dependingon healthconditions) at keypointsof theProjectandsolicitinputwherefeasibleandappropriate. Thesecan include: introductionto theProjectanditsscope, dataanalysisandfindings, andalternativesdevelopment. Upto two 2) communitymeetingsareassumed. TheMarkThomasteamwilldevelopa meetingplanandworkbackschedulein collaborationwithTownto confirmgoals, agenda, materialsneeded, logisticaltasks, andstaffing, facilitateandprovide staffingsupportat themeetings, preparemeetingsummariesfor eachmeetingandtranslatemeetingmaterialsand providingSpanishinterpretationsupportasneeded.
DELIVERABLES:
x DraftandFinalCommunityEngagementPlan
x Community-facingwebcontent, hostedby theTown, thatisADAcompliant (incl. up to 2 updates) x DraftandFinalfactsheetin EnglishandSpanish (incl. up to 2 updates) x Onerecordedpresentation (incl. up to 2 updates)
x Communitymeetingpresentation, facilitation, andmeetingsummary (up to 2) x Displayboardsin EnglishandSpanish (up to 12)
x Publishedmaterialfor thecommunitymeetingsmadeavailablein Spanish x Communitymeetingswillhavea Spanishlanguagetranslator, if needed x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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TASK4. PROJECTINITIATION
Theprimarygoalfor thistaskisto identifyandrecommendfeasibleandfundabledesignalternativesthatwillenable obtainingconceptualacceptanceanda pathfor securingfunding. It shouldbenotedthattasksarenot necessarily listedin sequentialorder. Forexample, thereviewof backgroundinformationandplansshouldtakeplacepriorto the communitymeetingsdescribedin theaforementionedsubtask3.2.
Task4.1. Reviewof BackgroundInformation, Plansand Studies:
MarkThomaswillresearchandreviewof backgroundmaterialsthatwillserveasthebackdropof thePSR-PDS, identify deficiencies, andengagein necessarydatacollection. TheTown, TA, andCaltranswillprovideanyknowndocuments anddatato MarkThomas, suchasthoseidentifiedthroughtheTownof ColmaElCaminoRealBicycleandPedestrian ImprovementPlan, andSystemicSafetyAnalysisReport (SSAR).
Task4.2. DataCollection:
TheMarkThomasteamwillresearchworkperformedto dateandplannedworkin theprojectstudyarea (AlbertM TegliaBoulevardto ArlingtonDrive) thatcouldimpactdesignof theimprovements, includinga reviewof preliminary plansandassociateddata. MarkThomaswillidentifyadditionaldatarequirementsfor theprojectscopingto meetPSR- PDSdevelopmentrequirements. Additionalresearchanddatacollectionshouldinclude: multi-modaltrafficvolumes, utilitypriorrightsandagreements, right-of-waymaps, as-builtmaps, propertyownershipfromassessorrecords, assessorparcelnumbersandparcelsize, stormwaterrequirements, amongothers. MarkThomaswillobtaindigitaldata suchasaerialimagery, LiDAR, collisionsdata, andothers, andusetoolssuchasGISandvisualizationsoftwareto collect andvisualizedata. AcquiringutilitymapsfromtheTown, Caltransandthirdpartyutilitycompaniesisincludedand detailedaspartof Task4.4 - UtilityInvestigationsandUtilityBaseMapping.
It shouldbenotedthatthereisa pre-existingCaltransRoute82 – 2022SHOPPProjectfor SR-82fromArroyoDrivein SouthSanFranciscoto SanMateo/SanFranciscoCountyLine (I-280) thatshouldbeconsideredaswithintheproject area. MarkThomaswillhelpin identifyingcommonelementsbetweentheprojectsandresolveconflictingscopeitems aswellasparticipatein SHOPPprojectmeetingsto helpcoordinatethescopeandtimelinesof bothprojects.
Task4.3. FieldVisits:
TheMarkThomasTeamwillperformup to two (2) fieldvisitsto collectnecessarydataandrecordexistingsite conditionswhichincludeassessingexistingmulti-modalfacilities, existingtrafficcontrolandtrafficcalmingdevices, and physicalconstraintsalongthecorridorin orderto allowfor continuouspedestrianandbicycleaccessalongElCamino Real; anytransitstopaccessimprovementsneeded; andopportunitiesfor greeninfrastructure; amongothers.
TheMarkThomasteamin partnershipwiththeTown, TA, andCaltranswillorganizea sitevisitwithkeystakeholdersas partof thealternativesdevelopment. Theintentof thisvisitwillbeto sharepreliminaryfindingsfromresearchanddata analysis, discusspotentialconstraintsinfluencingalternatives, andgatherfeedback. Attendeescouldinclude representativesof theTownof Colma, TA, Caltrans, SamTrans, SouthSanFrancisco, PG&E, andotherProject stakeholders.
MarkThomaswillobtaina no cost (free) Caltransencroachmentpermitasnecessaryto facilitatefieldreviewsanddata collection. In additionto theinitialfieldreview, periodicsitereviewswillbeconductedasnecessaryduringtheproject to assistin thedevelopmentandreviewof alternatives.
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Task4.4. Utility Investigationsand Utility BaseMapping:
MarkThomaswillprepareandsubmit “A” Letters, collectandreviewreadilyavailableutilityrelatedexistingas-built informationfromtheTown, Caltrans, adjacentlocalagencies, utilitycompanies, andotheragenciesandorganizations andprepareanexistingUtilitiesBaseMap. Wewillobtainandreviewreadilyavailablereportsor documentsapplicable to thearea, layoutlinealignment, andROWinformation. Detailedrightof wayor alignmentretracement, utility locating, andpotholingarenot includedin thisscope.
Task4.5. DevelopPurposeand Need:
Thetaskisto developandrefinethePurposeandNeedStatementin closeconsultationwiththePDTandother stakeholders. Thiswillbeanearlytask, asit setsup thecomparisonof alternatives. ThePurposeandNeedStatement mustbeagreedto by theTown, TA, Caltrans, andotherprimaryprojectstakeholders. TheconsensusPurposeand NeedStatementwillbeusedto furtherdevelopproposedprojectalternatives. WithfeedbackfromthePDT, Mark Thomaswilldevelopmetricsto usefor thealternativeevaluationframework.
Task4.6. AlternativesDevelopment:
MarkThomaswillconductaninitialengineeringanalysisto establisha reasonablestudyareafor alternatives developmentusingexistingandnewlycollecteddata. Withtheareaestablished, theMarkThomasteamwill, in consultationwiththePDT, developandanalyzeconcept-levelprojectalternativesfor theProjectintersectionsand highwaysegments. Thealternativesanalysiswillincludeunderstandingconstraintsaroundproposedoptions, connectionto relatedcapitalanddevelopmentprojects, andabilityto meettheProject’sgoals. At present, several alternativeshavebeenidentifiedfor primaryareaintersections (multi-laneroundabouts, signals), withstaticlinear treatments (e.g., sidewalk, bike/pedpath, andbikelanes). Informedby thepreliminaryresearchandreview, Mark Thomaswillrecommendalternativesfor studyacrosstheprojectarea (AlbertM TegliaBoulevardto ArlingtonDrive).
MarkThomaswillidentifymajorexistingandplannedundergroundutilitieswithinthestudyareato evaluateconflict potential. IncollaborationwiththeTown, TAandCaltrans, MarkThomaswillselectup to two alternativesto evaluate.
Typicalcross-sectionswillbepreparedfor up to three (3) locationsfor eachalternative. Potentialdesignexceptionswill beidentifiedwhichwillbediscussedwithCaltransHeadquarters (HQ) DesignCoordinatorandDistrictDesignunit.
Conceptualexhibitswillbepreparedon opensource (free) aerialsat 1"=50' or 1"=100' scale (asappropriate). Rightof waylineswillbebasedon GISlevelmappingandno fieldsurveysor rightof wayretracementareincludedin thisscope of work. MarkThomaswillthenevaluatealternativesandcompareconflictwithutilitiesandadjacentprojects. Analysis shouldalsotakeintoaccounttheProjectgoalsincludingenhancementsto multi-modaloperationalandsafety conditions, communitysupport, implementationcosts, andlong-termoperationsandmaintenancecostsassociated withtheindividualalternatives.
Thealternativesdevelopedby theMarkThomasteamin consultationwiththePDTareexpectedto meetenvironmental compliance, landscaping, localandregionaltravelneeds, compliancewithdesignstandards, andcompliancewith acceptableandsafemulti-modaltrafficoperations. Thisalternativedevelopmentprocesswillfocuson identifying projectfactorsthatmustbeaddressedin moredetailduringthesubsequentPA&EDphaseincludingadditional technicalstudies, publicoutreach, andidentificationof thepreferredalternative. TheMarkThomasteamwillusevisual modelingin theformof photo-simulationsto showhowthecorridormaylookandfeeldifferentwiththevarious preferredalternatives (up to 3 visualsimulationimagesfor eachalternative). Thesewillbeusedaspartof community engagement (projectandcommunitymeetingsandhearings) to showhowtheprojectwillimpactthevisuallookand feelof thecorridorandwillaidin selectionof therecommendedalternative.
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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IntersectionControl Evaluation
Fehr & PeerswillconductIntersectionControlEvaluations (ICE), includingperformingtrafficanalysisto determine appropriateandfeasiblecontroloptionsbasedon designyearpeakhourvolumes (eitherAMor PM, dependingon whichishighest), at thefollowingtwostudyintersections, asrequiredby Caltransguidance (TOPD13-02) when modifyingintersectionson a statehighway:
x CollinsRoadandElCaminoReal
x MissionRoadandElCaminoReal
Thepurposeof theICEprocessisto:
x Identifyeffectiveintersectioncontrolstrategiesandalternativetreatments, x Estimatetherelativeeffectivenessandimpactsof specificcontrolstrategies, and x Justifytheneedto installa trafficsignalsystem, yieldcontrol (roundabouts), and/or multi-waystopcontrolat thosetwointersections.
Withthejustifiedcontroltypeat theabovetwointersectionsfromtheICEprocess, Fehr & Peerswillworkwiththe ProjectDevelopmentTeamto reviewanddevelopalternatives.
DELIVERABLES:
x TransportationPlanningScopingInformationSheets (TPSIS) x Summaryof DataCollected
x Fieldvisits (up to 2)
x CaltransEncroachmentPermitfor PreliminaryEngineering
x PurposeandNeedStatement
x GeometricAlternativeDrawings (up to 2 alternatives)
x ExistingUtilityBaseMapping
x DraftandFinalICE
x Photo-simulations (up to 6 locations)
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted TASK5. INITIAL ENGINEERINGANALYSIS
MarkThomaswillconductaninitialengineeringanalysisto establisha reasonablestudyareafor alternatives developmentusingexistingandnewlycollecteddata. Withtheareaestablished, MarkThomaswill, in consultationwith thePDT, developalternatives (Task4.6) thatsatisfythePurposeandNeedStatement (Task4.5), arecosteffective, and willavoidor minimizeenvironmentalandright-of-wayimpacts.
Task5.1. PreliminaryEnvironmentalAnalysisReport
TheMarkThomasteamwillpreparethePreliminaryEnvironmentalAnalysisReport (PEAR) in accordancewithCaltrans guidelines. Circlepointwillpreparea PEARfor inclusionin thePSR-PDS. ThePEARwillbepreparedin accordancewith CaltransGuidelinesfor Preparationof thePreliminaryEnvironmentalAnalysisReportandwillutilizeCaltrans’ standard PEARtemplate. ThePEARwillincludea preliminaryassessmenttheanticipatedenvironmentaleffectsfor eachof theof threeBuildAlternatives. Basedon thepreliminaryanalysisof environmentaleffects, thePEARwillidentifytheexpected DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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levelof environmentalanalysisthatwillberequiredfor compliancewiththeCaliforniaEnvironmentalQualityAct CEQA) andtheNationalEnvironmentalPolicyAct (NEPA) duringthePA/EDphase. Preparationof thePEARwillinclude thefollowingactivities:
x LLanddUse – Circlepointwillidentifytheexistingandplannedlandusesandzoningin theprojectareaandwill determineif thethreeBuildAlternativesareconsistentwithstate, regional, andlocalplans. Whileit is anticipatedthatthethreeBuildAlternativeswillbeconsistentwithexistinglanduseplans, Circlepointwill identifyanyinconsistenciesand/or requiredmitigation.
x Growth – It isnot anticipatedthattheprojectwouldinducegrowthin theprojectarea, astheprojectwould introduceimprovementsto anexistingroadwayto bettermeettheneedsof thecommunityrelatedto multi- modaltransportation.
x Farmlands/Timberlands – Thereareno anticipatedfarmlandsin or withinthevicinityof theprojectareaandit isnot anticipatedthattheprojectwouldimpactagriculturalresources. x CommunityyImpacts – Thistaskwillinvolvereviewof existingcensusdatato determinethesocialand economiccharacteristicsof thearea. Circlepointwillconductdesktopanalysisto determinethetypesand approximatenumbersof structuresin theprojectareathatmaybeaffected. x Visual/Aesthetics – Theprojectareacontainsa mixof urbanizedandsuburbanlanduses. TheBuild Alternatives/projectphasescouldresultin changesto thevisualcharacterprimarilythroughtheadditionof pavementandremovalof vegetationto implementmulti-modalfeatures. x CulturalResources – A recordssearchfromtheNortheastInformationCenterof theCaliforniaHistoric ResourcesInformationSystemwillbeconducted. A limitedonlinesearchwillbeconductedof currentand historicaerialphotographsanda reviewof historicUnitedStatesGeologicalSurveyQuadrangleMapswillalso beconducted. Circlepointwillpreparea briefCulturalResourcesPreliminaryAnalysisMemoidentifyingthe potentialfor culturalresourcesin theprojectstudyarea. ThememowillfollowtheCaltransStandard EnvironmentalReferenceandincludegeneralinformationregardingtheproject’ssetting, listsources consulted, notetheresultsof theresearch, itemizethereportsanticipatedduringenvironmental documentation, andprovideanalysisregardingpossibleprojecteffectson historicproperties, includingeffects on possibleSection4(f) historicproperties. A fieldreviewwillnot beconductedunderthisscopeof work. It is assumedthatthreedraftsand onefinalof thetechnicalmemorandumwillbedeliveredelectronically x HydrologyyanddFloodplain – A floodplainriskassessmentwillbeconductedto evaluatethepotentialfloodplain impactsfromtheproposedalternativealignmentsandrecommendpotentialmitigationmeasures. x WaterrQualityyanddStormwaterrRunoff – Theproposedprojectcouldresultin anincreasein surfacewater runoffpollutants. Thiswillbediscussedqualitativelyin thePEAR. x Geology,, Soils,, SeismiccanddTopography – CirclepointwillreviewavailablegeologystudiesandtheCity’s GeneralPlanto identifythegeneralregionalgeologyof theprojectareaanddetermineif a subsequent geotechnicalsitecharacterizationwouldberequired.
x Paleontology –Ananalysisof existingpaleontologicalandgeologicaldatawillbeperformed. Theresultsof the analysisof existingdatawillbeusedto evaluatethesignificanceof paleontologicalresourcesandto performa paleontologysensitivityanalysisusingCaltrans’ tripartitesystem. x HazardoussWaste/Materials – A recordssearchwillbeconductedfor thisphaseof environmental documentation.
x AirrQuality – Usinginformationprovidedby theBayAreaAirQualityManagementDistrict (BAAQMD), the PEARwilldocumentBAAQMD’sattainmentof nationalandstateambientairqualitystandardsandwillprovide informationon pollutantlevelsrecordedat theclosestmonitoringstation. ThePEARwillalsodocumentany DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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maintenanceplansfor theBAAQMDandwilllistanystandardmitigationsrequiredby theBAAQMDaspartof theseplans.
x NNoiseeanddVibration – Circlepointwillidentifyanynoise- andvibration-sensitivelanduses (e.g., residences, communitycenters, schools, parks) in theprojectareathatmaybeaffectedby constructionof theBuild Alternatives/projectphases. ThePEARwilldocumentanticipatedtechnicalreportsandconstructionmitigations thatwouldberequiredto evaluateandprotectthesenoise- andvibration-sensitivelanduses. x EnergyyanddClimateeChange – Circlepointwillconsidertheprojectconsumptionof energyduringproject constructionanddetermineif a subsequentenergytechnicalreportwouldberequired. ThePEARwillreference theBAAQMDthresholdsof significanceregardinggreenhousegasemissionsaswellasCaltransstandard approachandwillbrieflydiscusshowtheprojectisdesignedto reducegreenhousegasemissionsandwill identifytheanticipatedscopeof qualitativeor quantitativeanalysesthatwillberequiredfor thesubsequent environmentaldocumentincludingproject-level PM2.5 analysis. x BiologicallEnvironment – Circlepointwillpreparea briefBiologicalResourcesPreliminaryAnalysisMemo. The memowillincludea reviewof special-statusspeciesthatmayoccurin thestudyareausingtheUnitedStates FishandWildlifeService (USFWS) Informationfor PlanningandConsultation (IPaC) websiteandtheCalifornia NaturalDiversityDatabase. Thememowillidentifytheappropriatestudiesto beconductedin thePA/EDphase aswellasanybiologicalor resourceagencypermitsthatwouldberequiredfor thebuildalternatives/project phases, suchaspermitsfromUSFWS, NationalMarineFisheriesService (NMFS), CaliforniaDepartmentof Fish andWildlife (CDFW), ArmyCorpsof Engineers (USACE), andRegionalWaterQualityControlBoard (RWQCB). A fieldreviewwillnot beconductedunderthisscopeof work. It isassumedthatthreedraftsandonefinalof the technicalmemorandumwillbedeliveredelectronically.
x CumulativeeImpacts – Circlepointwillconsiderthecumulativeimpactsof theprojectin considerationwithpast, present, andreasonablyforeseeablefuturerelatedprojects. ThePEARwillidentifyanysubsequentcumulative impactanalysesthatwouldberequired.
x ContexttSensitiveeSolutions – Circlepointwilldescribecontextsensitivesolutionsproposedby theprojectand indicatehowcontextualelementshelpgeneratepublicacceptanceof theproject, reflecttheuniquecharacterif thecommunityandprovidecompatibilitywiththeexistingvisualresources.
ThePEARwillbedeliveredin thefollowingformat:
x 1stDraftto Townin Wordelectronicformatwithgraphicsin pdf x 2ndDraftto Townin Wordelectronicformatwithgraphicsin pdf x 3rdDraftto Caltransin Wordelectronicformatwithgraphicsin pdf x 4thDraftto Caltransin Wordelectronicformatwithgraphicsin pdf x Finalto Caltransin Wordandpdf electronicformats. Graphicswillbeincludedin thePDF.
Circlepointwillattendup to tenmeetingswiththeprojectengineers, theTown, andthePDT, includinga projectkick- off meeting, andmanage/coordinateinternalteamactivitieswithsubcontractorsconductingtheenvironmentalstudies.
WeassumethePEARwillevaluatea No-BuildAlternativeandtwo BuildAlternatives. If additionalbuildalternativesare developedthathavesignificantlydifferentfootprintsor elements, thismayrequireadditionalbudget. No field surveyingor soilinvestigationswouldbeconductedbeyondwindshield/pedestriansurveysandno stand-alone technicalstudieswillbeconducted.
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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Initial SiteAssessment (ISA):
MarkThomaswillprepareanISAto evaluateexistinginformationregardinghazardousmaterialsandwastesin the studyarea. ThePhase1ISAwillidentifyevidenceof RecognizedEnvironmentalConditions (RECs) withinthealignment, or conditionson adjacentpropertiesthatare, or havethepotentialto, impacttheprojectalignment. Crawfordwill preparethisISAin accordancewithCaltransrequirementsandtheASTME1527-21standard. Thescopeof servicesfor theISAwillinclude:
x RRecordssreview: CrawfordwillcontractwithEnvironmentalRiskInformationService (ERIS) to conducta digital searchof federal, state, local, andtribalenvironmentalagencydatabaserecords. Theserecordswillbe reviewedfor informationpertainingto theprojectalignmentandwillalsoincludefacilities/propertieswithin ASTMstandardsearchradiiapplicableto eachdatabase.
x PhysicallSettinggReview: TheISAwillincludea summaryof geologicconditionsunderlyingtheproject alignmentbasedon readilyavailablegeologicmappingfromtheUSGeologicalSurveyandtheCalifornia GeologicalSurvey, includinganassessmentof thepotentialfor naturallyoccurringasbestos; anda summaryof hydrogeologicconditions (includingdepthto groundwaterandregionalgroundwaterflow, if readilyavailable) basedon informationfromwebsitesmaintainedby theStateof California. x HistoricallLanddUseeReview:ERISwillprovidehistoricalaerialphotographs, historicalUSGStopographicmaps, citydirectories, andSanbornfireinsurancemaps (if available) for theprojectalignmentandvicinity. Crawford willusethesedatato summarizegeneralhistoricalconditionswithintheprojectalignment, andhistoricaluses of adjacentpropertiesbackto at least1940.
x SiteeReconnaissance:Crawfordwillperforma walkinganddrivingreconnaissanceof theprojectalignmentto observecurrentconditions. Conditionson adjacentparcelswillbeobservedfromthepublicright-of-way. The reconnaissancewillincludeobservationsof usesandstorageof hazardousmaterialsandwastes, if appropriate; thepresenceof undergroundandabovegroundstoragetanks, drums, wells, electricalequipment; conditionof vegetation, noxiousodors, stockpiledsoil, piledgarbage, medicalwaste, andsewage/wastedisposal; and geologic, hydrogeologic, andtopographicconditions.
x VicinityySurvey: Thereconnaissancewillincludea windshieldsurveyof generalconditionswithin500feetof the projectalignment, includingsuspectfacilitiesidentifiedby therecordsreview. Observationswillbemadefrom thepublicright-of-way.
x Interviews: RecordsprovidedbyERISgenerallycontainsufficientdatato evaluatepotentialfor impactto the projectalignment. However, whererecordsfor suspectfacilitiesaremissingor incomplete, Crawfordwill contactSanMateoCountyEnvironmentalHealthDepartmentto ascertaincurrentenvironmentalconditions.
Wherewarranted, Crawfordwillalsoattemptto interviewcurrentandpastpropertyowners, tenants, andkey sitemangersfor suspectfacilities, wherecontactinformationisreadilyavailable. x ReporttoffFindings:A reportdocumentingour assessmentwillbepreparedfor theproject. Thereportwill include, but notnecessarilybelimitedto, thefollowing:
o Descriptionof theprojectalignmentandvicinity;
o Summaryof thephysicalsetting, localgeologicconditions, andhydrogeologicconditions; o Summaryof thehistoricalrecordreviewandhistoricalsiteusage; o Findingsfromtherecordsreview;
o Sitereconnaissanceobservations;
o Interviewresults;
o Findings, Opinions, andConclusions: includinga summaryof RECs, anda discussionof significantdata gapsanddatafailures; and
o Recommendationsfor samplingandtesting: Aswarrantedby thefindings.
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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PreliminaryGeotechnicalReport:
MarkThomaswillpreparea preliminarygeotechnicalreportto identifypotentialgeophysicalprojectconstraints includinggeotechnicalconditionsandseismicriskmapping. Crawfordwillcompletea desktopstudyto review preliminaryproject/studyplans, availablepublishedgeologicmapping, faultmapping, publiclyavailablehistoricaerials, expectedgroundwaterlevelsandnearbysoilsinformationfromWebSoilSurvey, Crawford’sinternaldatabase, Caltrans’ projects, andTowndevelopments (if/asmadeavailable). Crawfordwillalsovisitthesiteto reviewexistingroadway pavementconditionsandnotepavement/geotechnicalconcernspertinentto theproject.
Crawfordwillcompletedraftandfinalpreliminarygeotechnicalreportsto provideanoverviewof thegeology, seismicity, geotechnicalhazardsandpreliminaryconsiderationsregardingsuitablerehabilitationandnewpavement sectionsbasedon ourresearchandvisualobservationsin thefield. ThePreliminaryGeotechnicalReportwilldiscuss theanticipatedfieldworkandlaboratorytestingthatwouldberequiredfor finaldesign. Thereportwillalsoincludea geologic, fault, andsitevicinitymapof theprojectsite.
DELIVERABLES:
x AdminDraft, DraftandFinalPEAR
x DraftandFinalInitialSiteAssessment
x DraftandFinalPreliminaryGeotechnicalReport
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted Task5.2. DesignStandardsRiskAssessment
TheMarkThomasTeamwillidentifyanddiscusswithTheTown, TA, andCaltranswhetheranyof thealternatives proposenonstandarddesignfeatures. Foralternativeswithnonstandardfeatures, a designstandardsriskassessment willbepreparedby theMarkThomasteamindicatingthelevelof riskfor conceptualacceptabilityof thealternative.
Thisassessmentwilllistdesignstandardsthatwillmostlikelynot bemetfor eachalternative, andtheprobabilityof approvalfor eachproposedexceptionfor Caltransconsideration.
DELIVERABLE:
x DraftandFinalDesignStandardRiskAssessment
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted Task5.3. Traffic EngineeringPerformanceAssessment (TEPA) Aspartof theMarkThomasTeam, Fehr & Peerswillprepareanassessmentin accordancewithCaltransrequirements for a TEPAasdiscussedin theCaltransProjectDevelopmentandProceduresManual. Theworkflowto completethe TEPAwillbeoutlinedin anemailandconfirmedby thePDT. Thiseffortwilldocumentpreliminarytrafficengineering findingsandestimateson thepotentialscopeof workandfeatures, potentialperformancebenefitsanddeficiencies, scopeandmagnitudeof trafficengineeringwork (trafficforecasting, modeling, analysis, andevaluation) to be performedduringthePA&EDphase.
Fehr & PeerswillpreparetheTEPAusingrelevantdataandinformationfromexistingsourcesto describecurrentand futureconditions. Existinginformationconsideredincludes:
x Townof ColmaElCaminoRealBicycleandPedestrianImprovementPlan DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
Page12of 16
x Townof ColmaSystemicSafetyAnalysisReport
x CaltransRoute82 – 2022StateHighwayOperationandProtectionProgram (SHOPP) x AllDeliverableswillbesubmittedin PDFformatunlessotherwisenoted OtherexistingsourcesmayincludeCaltransTrafficCensus, TruckVolumeBook, TASASaccidentdatabase, Caltransand MTCtachometerrundata, andotherrecentregionalandlocalstudies.
Thisscopeassumesup to eleven (11) intersectionsperProjectAlternative, to beconfirmedin consultationwiththe ProjectDevelopmentTeam, willbeevaluatedaspartof theTEPA. TheintersectionswillbeevaluatedusingSynchrofor theAMandPMpeakhours. TheTEPAwillevaluateanExistingConditions (2023) usingthedatasourceslistedabove no newdataisproposedto becollecteduntilthestartof theenvironmentalphase – PA&ED), anda DesignYear (2050) No Buildandup to two (2) BuildAlternatives. DesignYearvolumeswillbedeterminedbasedon theavailabledata sourcesandrecentlyapprovedannualgrowthrates.
VVehicleeMilessTraveledd (VMT)) Analysis:: Fehr & PeerswillalsodrafttheVehicleMilesTraveledDecisionDocument VMTDD) in accordancewithCaltrans’ TransportationAnalysisunderCEQA (TAC) andTransportationAnalysis Framework (TAF) VMTdocumentsfor submittalto theProjectDevelopmentTeamandthenon to District/Headquarters review. Theprojectisanticipatedto beexemptfromVMTevaluationsinceit isa multimodalprojectthatpotentially reducescapacity.
TransportationAnalysisandMethodologyMemorandum (for PA&ED):Fehr & Peerswillsubmita Transportation AnalysisandMethodologymemorandumthatconfirmstheoperationalanalysismethodologyto beusedfor the PA&EDeffort. Specificanalysisprocessesandproceduresto beaddressedthatwillbeusedaspartof thevehiclemiles traveled (VMT), intersectionoperationsanalysis, and/or HSManalysisinclude:
x Datacollectionplan,
x Analysisyearsandperiods,
x Analysisnetworkandboundaries,
x Analysismethodology/tools,
x Modelcalibration/validationrequirements, and
x Measuresof effectiveness (MOEs)
Theproposedmethodologywillbedocumentedin a transportationanalysismethodologymemorandumfor oneround of reviewby theTownandoneroundof reviewby thePDT. Fehr & Peerswillrevisethememorandumbasedon commentsfromthePDTandresubmitthefinalmemorandum. NotethatCaltransmayrequestseparatememorandums for theVMT, operations, andHSManalysesin whichcaseseparatedocumentswillbepreparedby theFehr & Peers.
DELIVERABLES:
x TEPAWorkflowE-mail
x AdminDraft, DraftandFinalTEPA
x DraftandFinalVMTDecisionDocument
x DraftandFinalTransportationAnalysisandMethodologyMemo x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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Task5.4. Storm Water DataReport
A PIDlevelStorm WaterDataReport (SWDR) willbepreparedin compliancewithCaltransstandardsandprocedures andfocuson thestormwaterqualityelementsto constructtheprojectandimplementappropriatetemporaryand permanentBestManagementPractices (BMPs). TheSWDRwillfollowguidelinesestablishedby CaltransandNPDES StatewideStormWaterConstructionGeneralPermitadministeredbytheStateWaterResourcesControlBoard.
Sedimentrisklevelswillbedeterminedbasedon theassessmentof changesin watershedlanduse, predictedsite conditions (e.g. degreeof disturbance, impervioussurfaceareas, drainagepaths) andbeneficialusesandimpairment designationsfor thereceivingwaters. MarkThomaswillpreparea SWDRsummarizingprojectimpactsto waterquality, generalmitigationmeasures, andrecommendBMPs. TheSWDRwillalsoaddresstheneedsfor erosioncontrol measuresandrecommendBMPsfor theprojectcommensuratewiththeidentifiedsedimentrisklevels.
Withintheprojectlimits, theexistingrightof waymaynot besufficientto provideroomfor potentialpermanent treatmentBMPs. MarkThomaswillconsidervarioustypesof BMPsmeasuresutilizingCaltrans’ Storm WaterManual andChecklists. WewillrecommendappropriateBMPsmeasures, suchasbioretentionareas, grass-linedswales, detentionbasins, or infiltrationbasins, to minimizeor mitigatethewaterqualityimpactsandwillassesstherightof way needsto addresstherequiredBMPsapplicationsandwillconsiderin-lieutreatment, wherenecessary. A totalof three 3) submittalsto Caltranswithresponsesto commentsareincludedin thisscopeof workto finalizethisreport.
DELIVERABLE:
x DraftandFinalStorm WaterDataReport
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted Task5.5. Life CycleCostAnalysis (LCCA)
MarkThomaswillpreparea PSR-PDSlevelLCCAthatevaluateslong-termalternativeinvestmentoptionandcompares costsacrossthevariousalternatives. Thistaskisproposedfor earlyinformationwitha detailedreviewexpectedaspart of thePA&EDphase.
DELIVERABLE:
x DraftandFinalLifeCycleCostAnalysis
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted Task5.6. ROWand Utility Impacts
MarkThomaswillidentifyanticipatedright-of-way, utilityimpactsassociatedwiththealternatives, andpreparea conceptualcostestimateconsistentwithCaltransguidancefor thisactivity. ConceptualROWandutilitymappingwillbe preparedto illustratetheanticipatedimpacts. Thepurposeof thisevaluationisto developanorderof magnitudecost estimatefor potentialright-of-wayneeds, utilityimpactsandto identifyanystudiesneededduringthePA&EDphase.
MarkThomaswillsubmittheDraftPreliminaryUtilityRelocationPlanfor theTownto review. MarkThomaswillthen reviewanycommentsandprovidea FinalPreliminaryUtilityRelocationPlan.
MarkThomaswillidentifyparcelAPN’sandimpactedlandownershipwithintheProjectvicinityincludingexistingland holders, leases, easementsfromtheTownprovidedPreliminaryTitleReports. MarkThomaswillsubmittheDraft PreliminaryRightof WayAcquisitionMapfor theTownto review. MarkThomaswillthenreviewanycommentsand providea FinalPreliminaryRightof WayAcquisitionPlan.
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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DELIVERABLES:
x DraftandFinalPreliminaryUtilityRelocationPlan
x DraftandFinalPreliminaryRightof WayAcquisitionPlan
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted Task5.7. Implementation Planand ProjectSchedule:
MarkThomaswilldevelopa briefPreliminaryImplementationPlanmemothatwillcoverfunding, environmentaland permittingneedsaswellasfutureProjectPhasesincludingPA&ED, PS&E, andConstructionalongwitha Preliminary PlanningLevelProjectSchedule.
DELIVERABLES:
x PreliminaryProjectImplementationPlan
x PreliminaryPlanningLevelProjectSchedule
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted Task5.8. CostEstimatesand Funding
MarkThomaswillworkwiththeTown, TA, andCaltransstaffto identifypotentialeconomicimpactsof theProject includingestimatedprojectcosts, fundingsources, andeconomicbenefitssuchastravel-timesavingsfor visitorsand residents.
Task5.8.1. CostEstimate:
MarkThomaswillprepareanorder-of magnitudecapitalcostestimatefor eachalternativeto beusedfor planning purposesonly. A rangeof costwillbedevelopedbasedon theavailableinformation. Thecostestimateswillbe preparedin thePSR-PDSCapitalOutlayProjectEstimateformatprovidedin theProjectDevelopmentProcedures Manual (PDPM).
Task5.8.2. FundingSources:
MarkThomaswillworkwiththeTownto identifypotentialfundingsources, agenciesresponsiblefor thefunding, fundingrequirementsandeligibility, applicationrequirements, timingandresponsibility. Determinewhichlocal agencieswillneedto executeagreements, whichagencieswillleadtasksandwhowillbecoordinatingwiththe agencies. MarkThomaswillpreparea briefmemorandumoutliningfundingsourcesandopportunities. Grant applicationscanbepreparedasa supplementalservice.
DELIVERABLES:
x Orderof MagnitudeCostEstimate (up to 2 alternatives)
x PreliminaryFundingMemo
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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TASK6. DRAFT AND FINAL PROJECTSTUDY REPORT-PROJECT
DEVELOPMENTSUPPORT (PSR-PDS)
TheMarkThomasteamwilldevelopa draftandfinalPSR-PDSthatmeetsrequirementsasidentifiedby thelatest editionof theCaltransProjectDevelopmentProcedureManualAppendixS – PreparationGuidelinesfor ProjectStudy Report-ProjectDevelopmentSupportProjectInitiationDocument,usingtemplatesprovidedby CaltransDistrict4, and include:
1. Introduction
2. Background
3. PurposeandNeed
4. TrafficEngineeringPerformanceAssessment
5. Deficiencies
6. CorridorandSystemCoordination
7. Alternatives, includingCompleteStreetsconsiderations
8. Rightof WayandUtilitiesAssessment
9. StormwaterEvaluation
10.StakeholdersInvolvement
11.EnvironmentalCompliance, includingClimateChangeConsiderations
12.Funding
13.DeliverySchedule
14.Risks
15.ExternalAgencyCoordination
16.ProjectReviews
17.ProjectPersonnel
18.Attachments:
A. LocationMap
B. ProjectAlternativesExhibitswithCrossSections
C. CapitalOutlayProjectEstimates
D. PreliminaryEnvironmentalAssessmentReport (PEAR)
E. TrafficEngineeringPerformanceAssessment (TEPA)
F. TransportationPlanningScopingInformationSheet
G. RiskRegister
H. StormWaterDataReport & WaterQualityInformationForm
I. PSR-PDSSurveyNeedsQuestionnaire
J. QualityManagementPlan
K. Divisionof EngineeringServicesPSR-PDSScopingChecklist L. DesignScopingIndex
M. TMPDataSheet
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 El Camino Real Bicycle and Pedestrian Improvement Project PSR-PD Town of Colma
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N. Rightof WayDataSheet
O. DraftCooperativeAgreement
P. CompleteStreetsDecisionDocument (PDPMAppendixFF)
TheTown, TA, andCaltranswillprovidefeedbackcommentson thedraft (in additionto ongoingreviewof interim deliverables, andpertheconsecutivereviewprocessof theTownandTAfirstfollowedby Caltransreview). TheMark ThomasTeamwillincorporateanycommentsto theDraftPSR-PDSandsubmita FinalPSR-PDSto theTown.
DELIVERABLES:
x AdminDraft, DraftandFinalPSR-PDS
x Alldeliverableswill besubmittedin PDFformatunlessotherwisenoted SCOPEASSUMPTIONS / EXCLUSIONS:
x TheTownalreadyhasa projectspecificCooperativeAgreementin placewithCaltrans x ThePSR-PDSdoesnot includeconceptualapprovalof designexceptionsandtrafficoperationalanalysisasdefined in Chapter9 of theCaltransPDPM. If conceptualapprovalisrequired, theCityshouldconsiderusingthePSR formatasdefinedin AppendixLof thePDPMinsteadof thePSR-PDSformat. x DesignStandardDecisionDocumentswillnot beprepared, andformalapprovalof geometricsisnot included. x Detailedsupportcostestimatesfor futurephasesarenot included. x Detailedinformationsuchasalignmentstudies, structureplanningstudies, rightof wayanalysis, signalwarrant analysis, anddetailedenvironmentalisnot included.
x ThePSR-PDSwillbedevelopedin accordancewithCaltransPSR-PDSGuidanceandProjectDevelopment ProceduresManual - AppendixS. Thisincludes, but isnot limitedto, allof thenecessaryrequirementsto develop thePSR-PDSunderthelatestCaltransstandardsandguidance.
x No detailedtrafficoperationsanalysiswillbecompleted.
x Potholingof existingutilitiesisnot included.
x No detailedright of waydelineationswillbecompleted.
x A ConstructabilityReviewisnot included.
x Typicaldetailedtechnicalstudiesandfinaldesignactivitiesarenot includedandwillbea partof thefuturePA&ED andPS&Ephasesoncetheprojecthasbeenmorewelldefined.
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
18 EXHIBIT B
Schedule of Charges/ Payments
Consultant will invoice Town on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform Town regarding any out- of-scope work being performed by Consultant. This is a time- and- materials contract.
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 25977.00100\33555982.1
19 EXHIBIT C
Activity Schedule
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182 ID % Task Name Duration Start Finish
1 0% ECR Bicycle and Pedestrian Imp Project PSRPDS 290 days Mon 4/ 3/ 23 Fri 5/ 10/ 24 2 0% Town Provides NTP 0 days Mon 4/ 3/ 23 Mon 4/ 3/ 23 3 0% TASK 1. PM AND ADMINISTRATION 289 days Mon 4/ 3/ 23 Thu 5/ 9/ 24 4 0% TASK 2. STAKEHOLDER ENGAGEMENT AND COORD 240 days Wed 4/ 12/ 23 Wed 3/ 13/ 24 5 0% 2. 1 PrePID/ Kickoff Meeting 0 days Wed 4/ 12/ 23 Wed 4/ 12/ 23 6 0% 2. 2 PDT Meetings 220 days Wed 5/ 10/ 23 Wed 3/ 13/ 24 7 0% PDT Meeting 1 0 days Wed 5/ 10/ 23 Wed 5/ 10/ 23
8 0% PDT Meeting 2 0 days Wed 6/ 7/ 23 Wed 6/ 7/ 23
9 0% PDT Meeting 3 0 days Wed 7/ 5/ 23 Wed 7/ 5/ 23
10 0% PDT Meeting 4 0 days Wed 8/ 2/ 23 Wed 8/ 2/ 23
11 0% PDT Meeting 5 0 days Wed 8/ 30/ 23 Wed 8/ 30/ 23
12 0% PDT Meeting 6 0 days Wed 9/ 27/ 23 Wed 9/ 27/ 23
13 0% PDT Meeting 7 0 days Wed 10/ 25/ 23 Wed 10/ 25/ 23 14 0% PDT Meeting 8 0 days Wed 11/ 22/ 23 Wed 11/ 22/ 23 15 0% PDT Meeting 9 0 days Wed 12/ 20/ 23 Wed 12/ 20/ 23 16 0% PDT Meeting 10 0 days Wed 1/ 17/ 24 Wed 1/ 17/ 24 17 0% PDT Meeting 11 0 days Wed 2/ 14/ 24 Wed 2/ 14/ 24 18 0% PDT Meeting 12 0 days Wed 3/ 13/ 24 Wed 3/ 13/ 24 19 0% 2. 5 Coordination Meetings and Hearings 155 days Tue 8/ 8/ 23 Tue 3/ 12/ 24 20 0% City Council Meeting 1 0 days Tue 8/ 8/ 23 Tue 8/ 8/ 23 21 0% TA Board Meeting 1 0 days Thu 9/ 7/ 23 Thu 9/ 7/ 23 22 0% City Council Meeting 2 0 days Tue 3/ 12/ 24 Tue 3/ 12/ 24 23 0% TASK 3. ENGAGEMENT 113 days Mon 8/ 7/ 23 Wed 1/ 10/ 24 24 0% 3. 1 Prepare Communityfacing Materials 30 days Mon 8/ 7/ 23 Fri 9/ 15/ 23 25 0% 3. 2 Community Meetings 80 days Wed 9/ 20/ 23 Wed 1/ 10/ 24 26 0% Community Meeting 1 0 days Wed 9/ 20/ 23 Wed 9/ 20/ 23 27 0% Community Meeting 2 0 days Wed 1/ 10/ 24 Wed 1/ 10/ 24 28 0% TASK 4. PROJECT INITIATION 120 days Mon 4/ 3/ 23 Fri 9/ 15/ 23 29 0% 4. 1 Review of Background Information 12 days Thu 4/ 13/ 23 Fri 4/ 28/ 23 30 0% 4. 2 Data Collection 12 days Thu 4/ 13/ 23 Fri 4/ 28/ 23 31 0% 4. 3 Field Visits 68 days Fri 4/ 28/ 23 Wed 8/ 2/ 23 32 0% Field Visit 1 0 days Fri 4/ 28/ 23 Fri 4/ 28/ 23
33 0% Field Visit 2 0 days Wed 8/ 2/ 23 Wed 8/ 2/ 23
34 0% 4. 4 Utility Investigations and Base Mapping 30 days Mon 5/ 1/ 23 Fri 6/ 9/ 23 35 0% 4. 5 Develop Purpose and Need 40 days Mon 4/ 3/ 23 Fri 5/ 26/ 23 36 0% 4. 6 Alternatives Development 70 days Mon 6/ 12/ 23 Fri 9/ 15/ 23 37 0% Prepare ICE 40 days Mon 6/ 12/ 23 Fri 8/ 4/ 23
38 0% Prepare Draft Alternatives 30 days Mon 6/ 12/ 23 Fri 7/ 21/ 23 39 0% Town/ TA/ Caltrans Review 20 days Mon 7/ 24/ 23 Fri 8/ 18/ 23 40 0% Finalize Alternatives 20 days Mon 8/ 21/ 23 Fri 9/ 15/ 23 41 0% TASK 5. INITIAL ENGINEERING ANALYSIS 65 days Mon 8/ 21/ 23 Fri 11/ 17/ 23 42 0% 5. 1 Preliminary Environmental Analysis Report 30 days Mon 9/ 18/ 23 Fri 10/ 27/ 23 43 0% 5. 2 Design Standards Risk Assessment 20 days Mon 9/ 18/ 23 Fri 10/ 13/ 23 44 0% 5. 3 Traffic Engineering Performance Assessment 30 days Mon 9/ 18/ 23 Fri 10/ 27/ 23 45 0% 5. 4 Storm Water Data Report 20 days Mon 9/ 18/ 23 Fri 10/ 13/ 23 46 0% 5. 5 Life Cycle Cost Analysis LCCA) 30 days Mon 9/ 18/ 23 Fri 10/ 27/ 23 47 0% 5. 6 ROW and Utility Impacts 40 days Mon 8/ 21/ 23 Fri 10/ 13/ 23 48 0% 5. 7 Implementation Plan and Project Schedule 20 days Mon 10/ 23/ 23 Fri 11/ 17/ 23 49 0% 5. 8 Cost Estimates and Funding 25 days Mon 9/ 18/ 23 Fri 10/ 20/ 23 50 0% 5. 8. 1 Cost Estimate 20 days Mon 9/ 18/ 23 Fri 10/ 13/ 23 51 0% 5. 8. 2 Funding Sources 25 days Mon 9/ 18/ 23 Fri 10/ 20/ 23 52 0% TASK 6. DRAFT AND FINAL PSRPDS 140 days Mon 10/ 30/ 23 Fri 5/ 10/ 24 53 0% 6. 1 Draft And Final PSRPDS 140 days Mon 10/ 30/ 23 Fri 5/ 10/ 24 54 0% Admin Draft PSRPDS 30 days Mon 10/ 30/ 23 Fri 12/ 8/ 23 55 0% Town/ TA Review 20 days Mon 12/ 11/ 23 Fri 1/ 5/ 24 56 0% Draft PSRPDS 20 days Mon 1/ 8/ 24 Fri 2/ 2/ 24
57 0% Town/ TA/ Caltrans Review 20 days Mon 2/ 5/ 24 Fri 3/ 1/ 24 58 0% Final PSRPDS 20 days Mon 3/ 4/ 24 Fri 3/ 29/ 24
59 0% Caltrans Review and Approval 30 days Mon 4/ 1/ 24 Fri 5/ 10/ 24 4/ 3
4/ 12
5/ 10
6/ 7
7/5
8/ 2
8/ 30
9/ 27
10/ 25
11/ 22
12/ 20
1/ 17
2/ 14
3/ 13
8/8
9/ 7
3/ 12
9/ 20
1/ 10
4/ 28
8/ 2
Apr 23 May 23 Jun 23 Jul 23 Aug 23 Sep 23 Oct 23 Nov 23 Dec 23 Jan 24 Feb 24 Mar 24 Apr 24 May 24 El Camino Real Bicycle and Pedestrian Improvement Project PSRPDS March 14, 2023
DocuSign Envelope ID: 5AA92D95- 653B- 4C2E- A78A- 89D82819D182
Staff Report – 2025-26 Street Pavement Maintenance Project Contract Award Page 1 of 3
STAFF REPORT
TO:
Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works and Planning Abdulkader Hashem, Principal Project Manager
VIA: Daniel Barros, City Manager
MEETING DATE: January 28, 2026
SUBJECT: 2025-26 Street Pavement Maintenance Project – Contract Award REC
OMMENDATION
Staff recommends that the City Council adopt the following:
RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH G. BORTOLOTTO & COMPANY, INC. IN THE AMOUNT OF $176,017.20; APPROVING A CONSTRUCTION CONTINGENCY AND CONSTRUCTION MANAGEMENT FEE IN THE AMOUNT OF $26,403.00 FOR A TOTAL PROJECT COST OF $ 202,420.20 FOR THE 2025-26 STREET PAVEMENT MAINTENANCE PROJECT, PURSUANT TO CEQA GUIDELINE 15301.
COUNCIL ADOPTED VALUES
Adoption of the resolution is consistent with the City Council’s value of being responsible , staying committed to the Town’s strategic plan and goals, ultimately providing safe and high- quality roadways for residents and the public.
BACKGROUND
The Public Works Department undertakes preventive maintenance of the roadway system through street pavement rehabilitation programs. These programs are designed to address minor pavement deterioration, retard progressive failures, and improve the functional condition of the system by providing a more uniform pavement surface. These programs will lower the long-term maintenance costs by extending the pavement’s service life and minimizing the necessity for expensive reconstruction.
Staff prepared project plans and bid specifications (“Bid Package”) for the 2025-26 Street Pavement Maintenance Project (“Project”), and on December 10, 2025, the City Council by motion, approved the Bid Package and authorized staff to solicit informal bids for the Project.
AGENDA ITEM #5
Staff Report – 2025-26 Street Pavement Maintenance Project Contract Award Page 2 of 3
On December 15, 2025, the Town initiated a formal solicitation for informal bids, inviting qualified contractors from the Town’s approved vendor list to submit competitive proposals.
ANALYSIS
The Contract will be awarded to the lowest responsible Bidder submitting a responsive bid based on the Total Base Bid plus Alternate “A” Bid Schedules combined.
A total of five (5) bids were received and publicly opened on January 15, 2026, at 2:00 PM. The bid results are summarized below:
Bid Schedule B&M LLC dba
B&M Builders
American
Asphalt
Union
Pavement
Services, Inc.
Union
Pavement
Services, Inc.
G. Bortolotto
& Company,
Inc.
Base Bid $276,770.00 $206,100.00 $213,235.00 $193,183.00 $143,700.00 Alt. “A” Bid $51,617.75 $67,327.50 $41,743.05 $41,294.20 $32,317.20 Total Bid $328,387.75 $273,427.50 $254,978.05 $234,477.20 $176,017.20 Th
e staff reviewed and analyzed each bid item thoroughly to ensure it was responsive and that the costs aligned with the Town Engineer's estimate. It was determined that G. Bortolotto & Company, Inc. (Contractor) was the lowest responsible bidder submitting a responsive bid, with a total bid amount of $176,017.20
DET
AILED DESCRIPTION OF THE PROJECT
The 2025-26 Street Pavement Maintenance Project will rehabilitate damaged pavement sections and provide preventative maintenance on Colma Boulevard (from El Camino Real to Junipero Serra Boulevard), and Serramonte Boulevard East (from El Camino Real to Hillside Boulevard).
This will include performing necessary dig-outs and crack sealing along both roadways to prevent water intrusion into the roadway. The project scope also includes the performance of necessary dig-outs for some areas on the Junipero Serra Boulevard and Hillside Boulevard.
Alternate “A” Bid has been considered in this project for the potential crack sealing of Junipero Serra Boulevard from the Daly City Limit to the South San Francisco City limit.
FI
SCAL IMPACT
According to the Engineer's Estimate, the Base Bid project budget is $148,000, and the Alternate “A” Bid project cost is estimated at $44,885, totaling of $192,885.00. The total project budget for both Base Bid and Alternate “A” Bid is $212,173.50, including 10% contingency ($19,288.50).
Staff Report – 2025-26 Street Pavement Maintenance Project Contract Award Page 3 of 3
The total project cost for both the Base Bid and Alternate “A” Bid is $176,017.20, plus 10% Construction contingency ($17,602.00), and a 5% Construction Management of $8,801.00 for a total project cost of $202,420.06:
Bas
e Bid: $ 143,700.00
Alternate “A” Bid: $ 32,317.20
Total Bid (G. Bortolotto & Co.): $ 176,017.20
Construction Contingency (10%): $ 17,602.00
Construction Management (5%): $ 8,801.00
Total Project Cost: $ 202,420.20
EN
VIRONMENTAL
The City Council’s action in adopting the resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15301 Class 1 ( c ), Existing Facilities - highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road work for the purpose of public safety, and other similar alterations that do not create additional automobile lanes).
ALT
ERNATIVES
The City Council could choose to postpone the Project to a later date. Doing so is not recommended as the road conditions will continue to deteriorate, resulting in more extensive and costly repairs in the future and it is very likely future bids will become more expensive.
CO
NCLUSION
Staff recommends that the City Council adopt a resolution awarding and authorizing the City Manager to execute a construction contract with G. Bortolotto & Company, Inc. for both the base bid and alternative “A” bid, totaling $176,017.20 with a 10% project contingency of $17,602.00, and a 5% construction management fee of $8,801.00 totaling $202,420.20.
AT
TACHMENTS
A. R
esolution
B. Bid Tabulation Summary
Reso 2026-__ 2025-26 Street Pavement Maintenance Project Page 1 of 2 25977.00100\44608093.1
RESOLUTION NO. 2026-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH G. BORTOLOTTO & COMPANY, INC. IN THE AMOUNT OF$176,017.20; APPROVING A CONSTRUCTION
CONTINGENCY AND CONSTRUCTION MANAGEMENT FEE IN THE AMOUNT OF $26,403.00 FOR A TOTAL PROJECT COST OF $202,420.20 FOR THE 2025-26
STREET PAVEMENT MAINTENANCE PROJECT, PURSUANT TO CEQA
GUIDELINE 15301
The City Council of the Town of Colma does resolve as follows:
1. Background
(a) Staff prepared project plans and bid specifications (“Bid Package”) for the 2025-26 Street Pavement Maintenance Project (“Project”), and on December 10, 2025, the City Council by motion, approved the Bid Package and authorized staff to solicit informal bids for the Project. (b) On December 15, 2025, the Town initiated a formal solicitation for informal bids, inviting qualified contractors from the Town’s approved vendor list to submit competitive proposals. (c) It was determined that G. Bortolotto & Company, Inc. (Contractor) was the lowest responsible bidder submitting a responsive bid, with a total bid amount of $176,017.20
2. Findings
(a) The City Council finds that G. Bortolotto & Company, Inc. is the lowest responsible bidder submitting a responsive bid.
3. Approval and Authorization
(a) Award of the construction contract for the Project in the amount of $176,017.20 is hereby made to G. Bortolotto & Company, Inc.
(b) The construction contract for the Project between the Town of Colma and G. Bortolotto & Company, Inc., a copy of which is on file with the City Clerk, is approved by the City Council of the Town of Colma.
(c) The City Manager is hereby authorized to execute said contract on behalf of the Town of Colma, with such minor technical amendments as may be deemed appropriate by the City Manager and the City Attorney.
(d) The total Project budget is to be $ 202,420.20 with $176,017.20 for the construction contract, a Town controlled contingency in the amount of $17,602.00, and $ 8,801.00 for construction management.
ATTACHMENT A
Reso 2026-__ 2025-26 Street Pavement Maintenance Project Page 2 of 2 25977.00100\44608093.1
Certification of Adoption
I certify that the foregoing Resolution 2026-__ was duly adopted at a regular meeting of said City Council held on January 28, 2026 by the following vote:
Name Voting Present, Not Voting Absent
Aye N o Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro
Ken Gonzalez
Joanne F. del Rosario
Thomas Walsh
Voting Tally
Da
ted ______________________ ___________________________________ Carrie Slaughter, Mayor
Att
est: ____________________________
Michelle Estabillo, City Clerk
2025-26 STREET PAVEMENT MAINTENANCE PROJECT
ATTACHMENT "B" - BID TABULATION
1 Mobilization LS 1 $20,000.00 $20,000.00 $20,420.00 $20,420.00 $2,500.00 $2,500.00 $34,000.00 $34,000.00 $7,500.00 $7,500.00 $8,000.00 $8,000.00 2 Traffic Control and Notification LS 1 $20,000.00 $20,000.00 $35,000.00 $35,000.00 $15,000.00 $15,000.00 $30,000.00 $30,000.00 $21,368.00 $21,368.00 $17,000.00 $17,000.00 3 Water Pollution Control LS 1 $2,500.00 $2,500.00 $7,500.00 $7,500.00 $10,000.00 $10,000.00 $2,200.00 $2,200.00 $3,275.00 $3,275.00 $4,000.00 $4,000.00 4 6-inch Digout Repairs SF 8,300 $10.00 $83,000.00 $22.00 $182,600.00 $17.00 $141,100.00 $16.45 $136,535.00 $16.30 $135,290.00 $11.50 $95,450.00 5 Crack Sealing SY 25,000 $0.90 $22,500.00 $1.25 $31,250.00 $1.50 $37,500.00 $0.42 $10,500.00 $1.03 $25,750.00 $0.77 $19,250.00 $148,000.00 $276,770.00 $206,100.00 $213,235.00 $193,183.00 $143,700.00 ALTERNATE "A" BID SCHEDULE
1A Crack Sealing SY 44,885 $1.00 $44,885.00 $1.15 $51,617.75 $1.50 $67,327.50 $0.93 $41,743.05 $0.92 $41,294.20 $0.72 $32,317.20 $44,885.00 $51,617.75 $67,327.50 $41,743.05 $41,294.20 $32,317.20 $192,885.00 $328,387.75 $273,427.50 $254,978.05 $234,477.20 $176,017.20
UNIT PRICE ITEM TOTAL
Union Pavement Services, Inc.
UNIT PRICE ITEM TOTAL
American Asphalt
UNIT PRICE ITEM TOTAL
UNIT PRICE ITEM TOTAL
TOTAL OF BASE BID ITEMS (1-5):
ITEM TOTAL
TOTAL OF ALTERNATIVE (A) BID SCHEDULE (Item 1A):
TOTAL OF BASE BID PLUS ALTERNATE "A" BID
Engineer's Estimate
ITEM TOTAL
ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY UNIT PRICE
UNIT PRICE
B&M LLC dba B&M Builders
UNIT PRICE ITEM TOTAL
UNIT PRICE ITEM TOTAL
TOWN OF COLMA
ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY
BASE BID SCHEDULE
UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL
Galeb Paving, Inc. G. Bortolotto & Company, Inc.
UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL
ATTACHMENT B
Staff Report Auditor's Report FY 24-25 Page 1 of 5
TO:
FR
OM:
VIA:
MEETING DATE:
SUBJECT:
STAFF REPORT
Mayor and Members of the City Council
Sabrina Lee, Accounting Manager
Dan Barros, City Manager
January 28, 2026
FY 2024-25 Audited Financial Statements and Reports
RECOMMENDATION
Staff recommends that the City Council adopt:
RE
SOLUTION ACCEPTING AUDITOR'S REPORTS AND FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 2025, PURSUANT TO CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
Appr
oval of the attached resolution is consistent with the Council's core value of responsibility because the annual audit process provides an objective, expert assessment of the Town's financial condition and financial reporting process.
BA
CKGROUND
The Town's financial statements are prepared in accordance with the generally accepted accounting principles (GAAP) and reporting requirements of the Governmental Accounting Standard Board (GASB).
For Fiscal Year ending June 30, 2025 , the Town engaged O'Connor & Company formerly R.J.
Ricciardi, CPA to conduct an independent audit and review of the Town's financial statement for the fiscal year ending June 30, 2025 . The audit includes the agreed- upon procedures, review, and audit of various reports. The Auditor's opinion on the following reports are attached as B through F.
• The
Basic Financial Report for FY 2024-25,
• Manag
ement Report for FY 2024-25,
• Meas
ure A Fund Component Unit Financial Statements for FY 2024-25, AGENDA ITEM #6
Staff Report Auditor's Report FY 24-25 Page 2 of 5
• Measure W Fund Component Unit Financial Statements for FY 2024-25, and
• Appropriations Limit Calculation for FY 2024-25.
A representative from the firm will be at the Council meeting to present the audit and answer any questions the Council may have.
ANALYSIS
Overall, the Town received a "clean" audit for FY 2024-25 with no adverse findings or recommendations. As part of the audit, O'Connor and Company also assessed the Town's internal control and noted in Attachment C, FY 2024-25 Management Report that they did not find any observations.
FY 2024-25 Audited Financial Report
The FY 2024-25 Audited Financial Report is organized in four main sections, see below. All sections have been prepared in accordance with Generally Accepted Accounting Principles (GAAP) and relevant rules established by the Governmental Accounting Standard Board (GASB).
Introductory Section has the Table of Contents, Town Officials, and Town Organization Chart. The FY 2024-25 Financial Report does not include a transmittal letter, as it is embedded in the MD&A.
Financial Section contains the Independent Auditors' Report, Management's Discussion & Analysis (MD&A), Basic Financial Statements, and Notes to Basic Financial Statements.
Independent Auditors' Report (p. 1-2) summarizes the auditors' responsibility regarding the financial statements, their audit opinion, and other matters and information in the Financial Report. As stated above, the Town received a "clean" audit for FY 2024-25.
Management’s Discussion & Analysis (MD&A) (p. 3-9) provides highlights on the Town's financial condition, and overall economic conditions.
Basic Financial Statements (p. 10-17) presents the Town's FY 2024-25 finances as dictated by GAAP. This section begins with Governmental-Wide financial statements (p. 10-11) where the financial information within the Fund Financial statements (p. 12-17) are consolidated and adjusted in accordance with GAAP. Reconciliations from the Fund level to Governmental-Wide level can be found on page 14. Additional information on Governmental-Wide and Fund Financial Statements can be found on page 18 (NOTE 1B).
The F und Financial Statements also presents General Fund, Capital Projects Fund, Street Improvement Capital Project Fund as Major Funds. Non-major funds are combined and presented as "Other Governmental Funds" (p. 12-13) and in the Supplementary Information Section (p. 52- 53).
Staff Report Auditor's Report FY 24-25 Page 3 of 5
Notes to Basic Financial Statements (p. 18-43) provides additional information about the Basic Financial Statements. This includes explanation of the basis of accounting and various accounting terms. It also includes debt schedules, background information on pension and OPEB, and other pertinent information needed to understand the Basic Financial Statements.
Required Supplementary Information includes General Fund budgetary comparison (p. 44 ), Pension and OPEB schedules (p. 46-51 ), and Balance Sheet and Schedule of Revenues, Expenditures and Changes in Fund Balance for Non-major governmental funds (p. 52-53 ).
Key Notes and Changes
Town Hall Renovation Project Financing
On September 24, 2015, the Town completed a Certificates of Participation (COP) financing of $5.3 Million to fund a portion of the Town Hall Renovation Project. The proceeds from this financing were placed in a separate fund. The net liability as of June 30, 2025, in this fund was $4,025,000. (See Note 4E page 30).
Retirement Liabilities
This is the eleventh year of the requirement to incorporate additional information on retirement plan liabilities as required by Government Accounting Standards Board (GASB) statement No.
68. (See Note 5C on pages 33-38). As shown on page 30, the Net Pension Liability decreased by $361,000 from $12.6 Million in the prior year to an ending balance of $12.2 million as of June 30, 2025.
Retiree Medical and Dental (OPEB) Liabilities
This is the eighth year of the requirement to incorporate additional information on retirement plan liabilities as required by Government Accounting Standards Board (GASB) statement No.75. (See Note 7 on pages 39-43). As shown on page 30, the Net OPEB Liability increased by $1.3 million from $10.5 million in the prior year to an ending balance of $11.8 million as of June 30, 2025. Previously, OPEB liabilities were offset by contributions. With the implementation of GASB 75, OPEB liabilities and additional contributions are recorded separately, showing the estimated future OPEB debt.
Other Reports
Management Report
As part of the Audit process the Auditors also review procedures and make recommendations on improvements as part of a Management Report (See Attachment C). The Auditors did not make any reportable findings with the current year work.
Measure A Transportation Funds
Staff Report Auditor's Report FY 24-25 Page 4 of 5
The Town received $ 76,546 in Measure A Transportation Funds from San Mateo County. The Measure A Program requires the Town to complete a separate audit of these funds (See Attachment D). In addition to financial testing of transactions , the Auditors do additional review to provide a reasonable assurance that the Town of Colma has complied with certain provisions of Measure A.
No Measure A expenditures were made by the Town in FY 2024-25. The balance available in the Measure A Fund as of June 30, 2025 is $204,878.
Measure W Transportation Funds
The Town received $39,923 in Measure W Transportation Funds from San Mateo County. The Measure W Program requires the Town to complete a separate audit of these funds (See Attachment E). In addition to financial testing of transactions , the Auditors do additional review to provide a reasonable assurance that the Town of Colma has complied with certain provisions of Measure W.
No Measure W expenditures were made by the Town in FY 2024-25. The current fund balance is $110,470. Staff will allow the fund to accumulate until it is sufficient to be used for a capital project.
Appropriations Limit
Annually the Town is required to calculate an Appropriations Limit which is presented in the Budget and adopted by the Council. State Law does not require an "Audit" of the proceeds of taxes, but does require a review completing specific procedures. This review was completed by the Auditors with no exceptions being noted (See Attachment F).
Reasons For the Recommended Action/Findings
Acceptance of the FY 2024-25 audited/reviewed financial statements and reports will authorize Staff to publish and distribute them to various interested parties and ensure compliance with the Town's debt issuance requirements.
FISCAL IMPACT
This is for reporting purposes. No fiscal impact.
ALTERNATIVES
None. In addition to supporting good governance, the completion of Audited Financial Statements is a requirement of the Certificate of Participation (COP) debt issuance and rules imposed by the SEC.
CONCLUSION
Staff recommends the City Council receive the presentation from the Town's auditor, then adopt a resolution accepting the Auditor's reports for Fiscal Year 2024-25.
Staff Report Auditor's Report FY 24-25 Page 5 of 5
ATTACHMENTS
A. Resolution - Accepting Auditor Reports for FY 2024-25 B. FY 2024-25 Basic Financial Reports
C. FY 2024-25 Management Report
D. FY 2024-25 Measure A Fund Component Unit Financial Statements E. FY 2024-25 Measure W Fund Component Unit Financial Statements F. Independent Accountants' Report on Agreed-Upon Procedures Applied to Appropriations Limit Worksheet
ATTACHMENT A
RES
OLUTION NO. 2026-##
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESO
LUTION ACCEPTING AUDITOR'S REPORTS AND
FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 2025, PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby resolve as follows:
1. Background
(a) For Fiscal Year ending June 30, 2025, the Town engaged O'Connor & Company formerly R.J. Ricciardi, CPA to conduct an independent audit and review of the Town's financial statement for the fiscal year ending June 30, 2025.
(b) Overall, the Town received a "clean" audit for FY 2024-25 with no adverse findings or recommendations. As part of the audit, O' Connor and Company also assessed the Town's internal control and noted in Attachment C, FY 2024-25 Management Report that they did not find any observations.
2. Order
(a) The City Council hereby accepts the Auditor's reports and Financial Statements for Fiscal Year 2024-25.
Certification of Adoption
I certify that the foregoing Resolution No. 2026-# # was duly adopted at a regular meeting of the City Council of the Town of Colma held on January 28, 2026, by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Ken Gonzalez
Voting Tally
Dated:
Carrie Slaughter, Mayor
Att
est:
Michelle Estabillo Gourlie, City Clerk
Res. 2026-##, Auditor's Report Fiscal Year 2024-25 Page 1 of 1
ATTACHMENT B
1701 NOVATO BLVD, SUITE 302
NOVATO, CA 94947
PH. (415) 457-1215
FAX. (415) 457-6735
www.maocpa.com
Town of Colma
MANAGEMENTS DISCUSSION AND ANALYSIS
June 30, 2025
- 5 -
The Towns governmental net position amounted to $85,899,311 as of June 30, 2025, a change of $5,804,964 from 2024. This difference is the Change in Net Position reflected in the Governmental Activities column of the Statement of Activities shown in Table 2.
The Towns governmental net position as of June 30, 2025 comprised the following:
Cash and investments of $43,525,135 in the Town treasury. Substantially all these amounts were held in short-term investments in government securities, as detailed in Note 4A to the financial statements. Restricted cash and investments were $5,059,752.
Other assets comprise current receivables and prepaid items of $4,930,571.
Capital assets of $56,837,080 net of depreciation charges, which include all the Towns capital assets used in governmental activities, as discussed in Note 4C.
Current liabilities, including accounts payable, claims and other amounts due currently, total $2,165,829.
Noncurrent liabilities including certificates of participation, compensated absences, pension and retiree health and other amounts due in more than one year, total $29,291,580.
Net investment in capital assets, of $52,719,210 representing the Towns investment in capital assets used in Governmental Activities, net of amounts borrowed to finance that investment.
Restricted net position totaling $5,836,895, which may be used only to construct specified capital projects, for debt service, or for community development projects. The restrictions on these funds were placed there by outsiders and cannot be changed by the Town.
Unrestricted net position, the part of net position that can be used to finance day-to-day operations without constraints established by debt covenants or other legal requirements or restrictions. The Town had $27,343,206 of unrestricted net position as of June 30, 2025.
GOVERNMENTAL ACTIVITIES
Taxes,
81%
Capital grants
and
contributions,
9%
Charges for
services, 2%
Investment
income, 6%
Operating grants and
contributions, 1%
Other revenues,
1%
Sources of Revenues
General
government,
23%
Public safety, 46%
Public
works,
19%
Recreation, 8%
Planning, 3%
Interest on long-
term debt, 1%
Functional Expenses
ATTACHMENT C
ATTACHMENT D
1701 NOVATO BLVD, SUITE 302
NOVATO, CA 94947
PH. (415) 457-1215
FAX. (415) 457-6735
www.maocpa.com
TOWN OF COLMA
MEASURE W FUND
FINANCIAL STATEMENTS
JUNE 30, 2025
O'CONNOR & COMPANY
ATTACHMENT E
1701 NOVATO BLVD, SUITE 302
NOVATO, CA 94947
PH. (415) 457-1215
FAX. (415) 457-6735
www.maocpa.com
1701 NOVATO BLVD, SUITE 302
NOVATO, CA 94947
PH. (415) 457-1215
FAX. (415) 457-6735
www.maocpa.com
ATTACHMENT F
Staff Report re Republic Services MOU Page 1 of 3
STAFF REPORT
TO:
Mayor and Members of the City Council
FROM: Dan Barros, City Manager
MEETING DATE: January 28, 2026
SUBJECT: Consideration of Approval of Memorandum of Understanding (MOU) with Republic Services regarding credit to ratepayers
RECOMMENDATION
Staff recommend that the City Council consider the following motion:
APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING (MOU) WITH REPUBLIC SERVICES REGARDING A CREDIT TO
RATEPAYERS AND NEGOTIATE MINOR ADMINISTRATIVE CHANGES PRIOR TO
EXECUTION
CO
UNCIL ADOPTED VALUES
Th
is recommendation is consistent with the Council’s adopted values from the Values-Based Code of Conduct for responsibility because consideration of the MOU provides a credit to Colma’s ratepayers.
BACKGROUND
In July 2025, Republic Services had a work stoppage due to a Republic’s Teamsters strike at Forward landfill in Manteca and many Bay Area Republic Services workers committed to a work stoppage in solidarity with the Teamsters, causing service disruptions in Colma (and Half Moon Bay, Daly City and other cities served by Republic) where residential and commercial trash, recycling and organics pickups were not collected or delayed for approximately 2 weeks .
Republic’s General Manager stat ed non-union Republic staff would collect some garbage from Colma residents and businesses, but several challenges resulted from no or minimal collection of garbage, recycling and organics due to the work stoppage due to Republic’s lack of staffing.
During this time, Town staff worked to assist residents where feasible and Republic provided a rolloff container at the corporation yard as an interim measure. Once the work stoppage ended, Colma staff requested a credit for ratepayers and a meeting with Republic’s General Manager and Municipal Manager in early August to discuss a method to calculate the credit to residential and commercial ratepayers. At our meeting, Republic stated they’d provide a draft calculation for the credit and would send an MOU for our consideration.
AGENDA ITEM #7
Staff Report re Republic Services MOU Page 2 of 3
On 8/27/25 Republic provided their credit calculations for ratepayers and staff met with Republic in September to discuss Republic’s proposed credit scenarios and on 9/5/25 informed Republic of the Town’s preferred approach for credits. On September 25, Republic sent a draft MOU to the Town. Town staff does not believe a MOU is necessary for Republic to issue the credits and Town staff believes the Franchise Agreement already obligates Republic to issue this credit.
Nevertheless, Republic continued to advocate for an MOU. On November 5 staff met with Republic General Manager, Republic legal counsel and regional manager to discuss the MOU and at this meeting, Republic continued to advocate for the MOU . At this time Town staff is bringing this item forward for Council consideration.
ANALYSIS
The MOU in Attachment 1 details Republic’s plan and calculation to credit residential and commercial customers. The following provides the excerpts related to residential and commercial customers, and Republic’s release and discharge related to any claims arising from or related to the service disruptions.
Per the MOU, for all residential customers, Allied will credit each of these customers for the collection services portion of their bills (which is a separate service component from the processing and disposal of solid waste, recyclables, and organics—and which later service component was provided to all residential customers even though the collection of these materials was delayed) in the amounts detailed in Exhibit A, Table 1. The Town has agreed to include franchise fees as part of the credit to customers. This amount will be deducted from the next franchise fee calculation and payment to the Town, after credits are issued. The total credit for franchise fees will be in the amounts detailed in Exhibit A.
Per the MOU, for commercial customers, credits shall be allowed on a case-by-case basis Republic’s General Manager stated in a meeting with staff that they will credit on a case by case basis due to their providing some level of service to commercial accounts during the work stoppage). To implement this credit process, Allied agrees to notify all multi-family and commercial customers via its website at https://www.republicservices.com/municipality/colma- ca stating that credits will be made available for multi-family and commercial customers of disruptions of collection services experienced by each of them during the period of July 8 through July 18, 2025. Republic will calculate and offer a credit for each customer who contacts Republic requesting a credit on a case-by-case basis based on the level of disruption of service to each such customer, as verified by Allied’s records, for each missed collection event.
The credit will be based on the portion of Allied’s bill to each such customer representing the collection component of the bill-only, not including a credit for franchise and other Town fees.
The MOU details the timeline for the credits.
Per the MOU, the Town agrees, for itself and on behalf of all residential, multi-family and commercial customers of Allied who subscribed to solid waste collection services during the month of July 2025, to release and discharge Allied and its affiliates from any claims arising from or related to the service disruptions that occurred in the Town during the period of July 8 through July 18, 2025, including but not limited to any claims for breach of the Franchise Agreement, arising from or related to the July 2025 service disruptions. At this time, Town staff isn’t aware of any other claims the Town would have against Republic relating to the strike, other than the credit for missed pickups.
Staff Report re Republic Services MOU Page 3 of 3
In addition, Allied agrees for itself and its affiliates, to release and discharges the Town from any claims for breach of the Franchise Agreement, including for any and all damages, arising from the Town's allowance of credits to residential, multifamily, and commercial customers in the Town provided pursuant to the terms of this MOU.
Overall, the Town and Allied acknowledge that this MOU represents a settlement and release of all claims related to the July 2025 service disruptions and the above-described credits allowed on the Town’s billings and agree that the parties’ performance under this MOU is not to constitute or be interpreted as an admission of any liability or wrongdoing whatsoever by any party to this MOU.
FISCAL IMPACT
The MOU will not materially impact the Town's budget since the MOU is related to residential and commercial ratepayers.
ALTERNATIVES
The City Council could consider the alternative of not approving the MOU and provide direction to staff on next steps.
CONCLUSION
Staff does not have a recommendation on this MOU. Council should consider the MOU for approval or denial.
ATTACHMENT
A.
Republic’s Memorandum of Understanding (MOU)
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is entered into as of _____ ___, 2025 ("Effective Date") by and between the Town of Colma (“Town”) and Allied Waste Services of North America , LLC (" Allied") to memorialize the understandings reached between them concerning the partial disruption of Republic’s collection services during the period of July 8 through July 18, 2025, due to labor action of third party employees.
RECITALS
1. Republic provides collection services for the collection, processing, and disposal of solid waste, recyclable material, and organics to residents , multi-family and commercial customers in the Town pursuant to an exclusive Franchise Agreement dated August 31, 2016.
2. Commencing on July 8, 2025, and extending through July 18, 2025, some of Republic’s employees providing collection services in the Town elected not to report to work and /or not to cross picket lines established by employees of another subsidiary of Republic Services, Inc.
3. In recognition of the annoyance and inconvenience caused by the delay in collection services for most residential and some multi-family and commercial customers in the Town in July 2025, Allied has offered to provide credits to its residential, multi -family, and commercial customers in the Town.
AGREEMENT AND RELEASE
NOW THEREFORE, the Town and Allied agree as follows:
1. Customer Credits to be Provided.
• Residential Customers: For all residential customers, Allied will credit each of these customers for the collection services portion of their bills (which is a separate service component from the processing and disposal of solid waste, recyclables, and organics—and which later service component was provided to all residential customers even though the collection of these materials was delayed) in the amounts detailed in Exhibit A, Table 1.
The Town has agreed to include franchise fees as part of the credit to customers.
This amount will be deducted from the next franchise fee calculation and payment to the Town, after credits are issued. The total credit for franchise fees will be in the amounts detailed in Exhibit A, Table 1.
The grand total credit to residential customers will be $4,507. • Multi-Family and Commercial Customers: For all multi -family and commercial customers, credits shall be allowed on a case -by-case basis. To implement this
ATTACHMENT A
credit process, Allied agrees to notify all multi -family and commercial customers via its website at https://www.republicservices.com/municipality/colma-ca stating that credits will be made available for multi-family and commercial customers of disruptions of collection services experienced by each of them during the period of July 8 through July 18, 2025. Republic will calculate and offer a credit for each customer who contacts Republic requesting a credit on a case -by-case basis based on the level of disruption of service to each such customer , as verified by Allied’s records, for each missed collection event . The credit will be based on the portion of Allied’s bill to each such customer representing the collection component of the bill-only, not including a credit for franchise and other Town fees.
2. Timing of Customer Credits.
• Residential Customers : Allied will commence processing residential customer credits starting with the billing cycle on 11/1/25 and continuing until all residential customers who were subscribing to Allied’s services during the month of July 2025 have received the agreed-upon credits.
• Multi-Family and Commercial Customers : Allied will receive, process and grant multi-family and commercial customer credits for all multi-family and commercial customers contacting Allied and requesting a credit for their July services, provided that Allied verifies the claimed credit. Multi-family and commercial customers who experienced a disruption in their service schedule and who timely contacted Allied requesting a credit shall be granted a credit. Allied will receive and process all such credit reques ts on a case -by-case basis for up to thirty (30) days following the signing of this MOU by the Town.
3. Full Resolution of All Claims.
The Town agrees, for itself and on behalf of all residential, multi -family and commercial customers of Allied who subscribed to solid waste collection services during the month of July 2025, to release and discharge Allied and its affiliates from any claims arising from or related to the service disruptions that occurred in the Town during the period of July 8 through July 18, 2025, including but not limited to any claims for breach of the Franchise Agreement, arising from or related to the July 2025 service disruptions.
Allied agrees for itself and its affiliates, agrees to release and discharges the Town from any claims for breach of the Franchise Agreement, including for any and all damages, arising from the Town's allowance of credits to residential, multifamily, and commercial customers in the Town provided pursuant to the terms of this MOU.
The Town and Allied acknowledge that this MOU represents a settlement and release of all claims related to the July 2025 service disruptions and the above-described credits allowed on the Town’s billings and agree that the parties’ performance under this MOU is not to constitute or be interpreted as an admission of any liability or wrongdoing whatsoever by any party to this MOU.
4. Entire Agreement. This MOU, including the recitals, constitutes the entire agreement and understanding of the Town and Allied and supersedes all prior negotiations and/or agreements, proposed or otherwise, written or oral, concerning the subject matter hereof. Each Party acknowledges that in entering into this Agreement, it has not relied on any promise, representation, or warra nty not contained in this Agreement.
EACH OF THE PARTIES CERTIFIES THAT IT HAS READ THIS MEMORANDUM OF
UNDERSTANDING AND FULLY UNDERSTANDS AND AGREES TO EACH OF THE ABOVE TERMS, CONDITIONS, AND PROVISIONS. EACH SIGNATORY TO THIS AGREEMENT
REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS
AGREEMENT ON BEHALF OF THE PARTY FOR WHICH HE OR SHE EXECUTED THE AGREEMENT.
IN WITNESS WHEREOF, and intending to be legally bound, each of the Parties hereto has caused this Agreement to be executed as of the date(s) set forth below.
IT IS SO AGREED.
Exhibit A.
Table A - Credit per
Container Size
20 Gallons 32 Gallons 64 Gallons 96 Gallons
Total MSW Containers 44 261 34 9
Service Credit $9.29 $10.74 $21.49 $32.24
$409 $2,804 $731 $290
Total - Allied Service Credit $4,233
Franchise and Other Fees $0.60 $0.69 $1.39 $2.08
$26 $181 $47 $19
Total - Franchise/Town Fees
Credit1 $273
Credit Total Per Customer $9.89 $11.44 $22.87 $34.32
Grand Total (Service Credit +
Town Fees Credit) $4,507
1 amount to be paid by the town and deducted from the next franchise fee payment