AGENDA
REGULAR MEETING
CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, October 14, 2026
Ceremonial Event – 6:00 PM
Regular Meeting 7:00 PM
Meetings of the City Council are held in-person in Council Chambers and via Zoom Video Conference in compliance with the Brown Act and Senate Bill 707.
To attend the meeting in person:
Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014
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To provide Public Comment:
Members of the public wishing to provide public comment in person are requested to complete a yellow speaker card and submit it to the City Clerk. Members of the public wishing to provide public comment via Zoom Video Conference must raise their hand via Zoom Video Conference in order to be called upon by 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.
CEREMONIAL EVENT - 6:00 PM
1. Town Hall Dedication
This is a presentation only; no action will be taken at this meeting.
PLEDGE OF ALLEGIANCE AND ROLL CALL
ADOPTION OF AGENDA
PRESENTATION
• Proclamation Recognizing October as Domestic Violence Awareness Month
PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time.
Comments on Agenda Items will be heard when the item is called.
CONSENT CALENDAR
1. Motion to Approve Minutes from the September 23, 2026 Regular Meeting
2. Motion to Accept the Recreation Quarterly Report
3. Motion to Adopt a Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974 and CEQA Guideline 15378
4. Motion to Approve the Town of Colma Response to the Grand Jury Report Dated August 3, 2026 Entitled "Is our Flock of ALPR (Automatic License Plate Readers) Cameras Properly Tended?"
5. Motion to Adopt an Ordinance Amending Section 1.06.270 of the Colma Municipal Code Relating to (1) Increasing the Financial Threshold for Negotiated, Informal, and Formal Bids Consistent with the California Uniform Public Construction Cost Accounting Act; and (2) Modifying the Threshold for Approval of Plans, Specifications and Working Details for all Public Works Projects Pursuant to CEQA Guideline 15378
6. Motion to Adopt a Resolution Supporting the Serramonte Boulevard West Bicycle and Pedestrian Improvement Project - Phase I Construction, Authorizing Submittal of an Application to the San Mateo County Transportation Authority for Cycle 8 Pedestrian and Bicycle Program Funding; and Finding the Action Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15301
NEW/OLD BUSINESS
7. Town of Colma Rideshare Vouching Program and Cycle 4 Transportation Demand Management Program
Consider:
a. Motion to Adopt a Resolution Supporting the Town of Colma FY 2027-28 Rideshare Voucher Program and Submitting an Application to the Cycle 4 San Mateo County Transportation Authority for Measure A Alternative Congestion Relief and Measure W Transportation Demand Management Program Funding Pursuant to CEQA Guideline 15061; and
b. Motion to Adopt a Resolution Allocating $25,000 to Bridge the Funding Gap in the Current Rideshare Pursuant to CEQA Guideline 15061
8. Ordinance Updating the Town’s Positions and Departments
Consider: Motion to Introduce an Ordinance Amending Various Sections Of Subchapter
1.03 Titled Officers And Employees Of The Colma Municipal Code, Relating To Updating Town Positions, Departments, And Providing Other Clarifying Language Changes, Pursuant To CEQA Guideline 15378
REPORTS
Mayor/City Council
Committee
City Manager
ADJOURNMENT
AGENDA ITEM 1.
STAFF REPORT
TO: Mayor and Members of City Council
FROM: Abigail Dometita, Deputy City Clerk
VIA: Daniel Barros, City Manager
MEETING DATE: Wednesday, October 14, 2026
SUBJECT: Minutes from September 23, 2026 Regular Meeting
RECOMMENDATION
Staff recommends that City Council approve the Minutes from the September 23, 2026 Regular Meeting.
ATTACHMENTS
A. Minutes - Regular Meeting 09.23.26 DRAFT
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, September 23, 2026
Regular Session - 7:00 PM
PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Slaughter called the meeting to order at 07:00 PM.
Council Present – Mayor Carrie Slaughter, Vice Mayor Helen Fisicaro, Council Member Joanne del Rosario, Council Member Ken Gonzalez
Council Absent – Council Member Thomas Walsh
Staff Present – City Manager Daniel Barros, City Attorney Christopher Diaz, Director of Planning and Public Works Brad Donohue, Administrative Services Director Nathan Bassett, City Clerk Michelle Estabillo, and Deputy City Clerk Abigail Dometita
Council recited the Pledge of Allegiance.
ADOPTION OF AGENDA
Action: A motion was made by Council Member Joanne del Rosario, seconded by Council Member Ken Gonzalez, to adopt the agenda.
The motion passed by the following vote:
Yes: Carrie Slaughter, Helen Fisicaro, Joanne del Rosario, Ken Gonzalez No: None
Abstain: None
Absent: Thomas Walsh
Vote Result: Yes 4, No 0, Abstained 0
PRESENTATION
• Recognition of Honor Roll Students
Mayor Slaughter recognized the following honor roll students:
Aiden Acierto-Sansano
Aubriana Augustine
Jayanne Bondoc
Mikki Catimbang
Franco Dias
Lia Flores
Lucas Flores
Xavier Gomez
Francisco Gonzalez
Mendoza
Adrian Hernandez
Rangel
Remilynn Jerusalem
Katie Juarez Gonzalez
Matthew Juarez
Gonzalez
Yuliana Martinez Alfaro
Anyeli Martinez Alfaro
Janessa Moreno Padilla
Mia Myvett
Miguel Navarro
Sebastian Pape
Penelope Portillo
KayAnn Ramos
Malekai Ramos
Katelyn Rangel
Dylan Ruelas Meraz
Maximiliano Salinas
Santiago Salinas
Delilah Trejo
Nathan Villarreal
Marcus Wang
Jayden Wang
Vernice Wang
Alexander Yoahnnes
Nathaniel Yoahnnes
Samuel Yoahnnes
Council congratulated the students and presented certificates and Colma-branded gifts.
PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time.
Comments on Agenda Items will be heard when the item is called.
Public Comments were received from the following:
• Dr. Nate Carter, President of Skyline College
CONSENT CALENDAR
1. Motion to Approve the Minutes from the September 9, 2026 Regular Meeting
2. Motion to Approve Checks Paid - August 2026
3. Motion to Adopt a Resolution Approving Fiscal Year 2024 Safe Streets and Roads for All (SS4A) Grant Allocated by the US Department of Transportation for Updating and Enhancing Colma Comprehensive Safety Action Plan and Speed Management Pursuant to CEQA Guideline 15306
4. Motion to Adopt a Resolution Approving and Authorizing The City Manager To Execute A Contract Amendment With Tyler Technologies, Inc., To Amend The Contract Start Date From August 1, 2026, To November 1, 2026; To Purchase Additional ERP Pro 10 System Modules; And To Add Contract Contingency And Sales Tax Costs, Increasing The Contract By One Hundred Fifteen Thousand, Four Dollars ($115,004), From Two Hundred Fifty One Thousand, Six Hundred Eighty Five Dollars ($251,685) To A Not-To-Exceed Cost Of Three Hundred Sixty-Six Thousand, Six Hundred And Eighty-Nine Dollars ($366,689), Pursuant To CEQA Guideline 15378
Action: A motion was made by Council Member Joanne del Rosario, seconded by Council Member Ken Gonzalez, to approve the Consent Calendar.
The motion passed by the following vote:
Yes: Carrie Slaughter, Helen Fisicaro, Joanne del Rosario, Ken Gonzalez No: None
Abstain: None
Absent: Thomas Walsh
Vote Result: Yes 4, No 0, Abstained 0
PUBLIC HEARING
5. Motion to Introduce an Ordinance Amending Section 1.06.270 of the Colma Municipal Code Relating to (1) Increasing the Financial Threshold for Negotiated, Informal, and Form Bids Consistent with the California Uniform Public Construction Cost Accounting Act; and (2) Modify the Threshold for Approval of Plans, Specifications and Working Details for all Public Works Projects Pursuant to CEQA Guideline 15378
Director Donohue presented the staff report.
There were no Public Comments.
Council discussion followed; City Manager Barros and Director Donohue answered their questions.
Action: A motion was made by Vice Mayor Helen Fisicaro, seconded by Council Member Ken Gonzalez, to Introduce an Ordinance Amending Section 1.06.270 of the Colma Municipal Code Relating to (1) Increasing the Financial Threshold for Negotiated, Informal, and Form Bids Consistent with the California Uniform Public Construction Cost Accounting Act; and (2) Modify the Threshold for Approval of Plans, Specifications and Working Details for all Public Works Projects Pursuant to CEQA Guideline 15378.
The motion passed by the following vote:
Yes: Carrie Slaughter, Helen Fisicaro, Joanne del Rosario, Ken Gonzalez No: None
Abstain: None
Absent: Thomas Walsh
Vote Result: Yes 4, No 0, Abstained 0
Mayor/City Council
• Vice Mayor Fisicaro reported the following:
o Town Hall Plaque Dedication is on October 14 at 6pm.
o She thanked staff for their work on the streetlight project and noted that the new streetlights are very bright and have contributed to a greater sense of safety in the neighborhood.
o She noted that the Council is due for Ethics Training. City Manager Barros stated that the training is anticipated to take place in October, with the date to be determined.
Committee
• Mayor Slaughter reported on the Emergency Services Council meeting and noted that Governor Newsom declared a state of emergency in anticipation of El Niño conditions, with projections indicating the strongest event since 1950. She encouraged the public to sign up for SMC Alerts to stay informed of changing conditions.
City Manager
• City Manager Barros reported the following:
o Sterling Park Streetlight Replacement Project is progressing, with several streets completed. The project is expected to be completed within the next few weeks. o Renovations to the Colma Community Center administration office are underway.
Electrical work has been completed, with drywall and new furnishings expected to be completed within the next few weeks.
o Cinema at the Cemetery will be held this Saturday at the Italian Cemetery, featuring Back to the Future. Monsters, Inc will be shown on October 10. o Brews & Bingo is on October 2 at the Colma Community Center.
ADJOURNMENT
The Mayor adjourned the meeting at 07:36 PM.
Respectfully submitted,
Abigail Dometita, CMC
Deputy City Clerk
AGENDA ITEM 2.
STAFF REPORT
TO: Mayor and Members of City Council
FROM: Angelika Abellana, Recreation Services Manager
VIA: Daniel Barros, City Manager
MEETING DATE: Wednesday, October 14, 2026
SUBJECT: Recreation Services Department Quarterly Review, July – September 2026
RECOMMENDATION
MOTION TO ACCEPT INFORMATION REPORT ON RECREATION DEPARTMENT PROGRAM, ACTIVITIES, EVENTS AND TRIPS FOR THE THIRD QUARTER OF 2026
COUNCIL ADOPTED VALUES
This recommendation aligns with the value of Honesty and Integrity by providing an honest account of achievements, challenges, and areas for improvement, demonstrating accountability for outcomes and a commitment to continuous improvement.
BACKGROUND
Participation
The Recreation Services Department offered programs, activities, events, and trips for all age groups during the past quarter. Below is a summary of participation levels by demographic:
1. Adults and Seniors – Enrichment Programs
o A total of 197 adults and seniors participated in enrichment programs, representing an increase of 93 participants compared to the third quarter of 2025. Staff attributed the increase in participation to the increased interest of Senior Strength & Core, Walking Club. Staff has also seen a steady participation rate for programs such as Breakfast & Bingo and Armchair Travel.
2. Adults and Seniors – Trips and Events
o A total of 204 adults and seniors participated in trips and events, representing a decrease of 74 participants compared to the third quarter of 2025. Staff attributes the decrease to the cancellation of Adult Cooking Class due to low enrollment. Attendance at the Senior Luncheon also remained
AGENDA ITEM 2.
strong, reflecting its continued popularity within the community.
3. Youth and Teens – Enrichment Programs
o A total of 1,450 youth and teens participated in enrichment programs during the reporting period, marking a decrease of 30 participants compared to the third quarter of 2025. Despite the decrease in this category, there continues to be high demand for Summer Day Camp, particularly for the morning and afternoon care options. The department also offered off-site camp options through Duo Dance Academy, Jr. Chef Stars and ViBO.
4. Youth and Teens – Events and Trips
o A total of 197 youth and teens participated in events and trips during the third quarter of 2026, representing an increase of 58 participants compared to the third quarter in 2025. This growth is largely attributed to the popularity of Parents Night Out and increased participation in teen field trips.
5. Community Programs (All Ages)
o A total of 2,893 youths, adults, and seniors participated in community programs, reflecting an increase of 549 participants compared to the third quarter of 2025. Staff attributed the increase to the recategorization of the Summer Food Program, which provided lunches and snacks to youth ages 18 and under throughout the community.
The attachment contains a detailed breakdown of participation by program.
Rental Activity
The Colma Community Center was rented for 47 different events:
• Resident Rental (16 social events)
• Colma Non-Profit (1 meeting, 1 fundraiser)
• Non-Resident Rental (2 social events)
• Non-Resident Nonprofit (1 Fundraiser)
• Non-Resident Nonprofit, kitchen only (25 reservations) • In House Reservations (1 Community Meeting)
The Sterling Park Recreation Center was rented for 18 different events:
• Sterling Park Resident Rental Reservations – including Picnic Site (8 social events)
• Sterling Park Resident Reservations (9 social events) • In House Reservations (1 event)
ANALYSIS
In the third quarter of 2026, a total of 4,941 participants attended 74 programs, representing an increase of 621 participants compared to the third quarter in 2025.
AGENDA ITEM 2.
Overall participation in the recreation programs has increased due to multiple factors, such as strong attendance to senior luncheons, summer day camps and community events. The Colma Community Fair was well attended and featured more than 50 vendors, including food and craft vendors, local nonprofits, local businesses and food trucks. The department partnered with South San Francisco’s Environmental Compliance Program to keep Colma Creek clean.
Staff worked diligently with the Second Harvest Food Bank to have Colma as a food distribution site for the whole community and serve the residents at Veterans Village.
Staff continues to partner with non-profit organizations to host workshops geared towards the teen population and provide opportunities for them to socialize in a safe environment.
Staff estimate that 31% of the population held a current Colma I.D.
Facility rental activity totaled 65 reservations, representing a slight increase of twelve rentals compared to the third quarter of 2025.
Staff continue to refine and enhance marketing strategies to support increased participation in recreation programs and community events.
FISCAL IMPACT
There are no unbudgeted fiscal impacts.
ENVIRONMENTAL
Staff coordinates and implements programs and activities that align with the Town’ s Climate Action Plan and Sustainability Policy. For example, all programming including the Senior Luncheon, cups, plates, forks, knives, and spoons are made from recyclable and/ or compostable materials.
ALTERNATIVES
There are no alternatives recommended for this agenda item.
CONCLUSION
Staff recommend that City Council make a motion to accept an informational report on the Recreation Department program, activities, events and trips for the third quarter of 2026.
ATTACHMENTS
A. 2026 Recreation Service Department Quarterly Review – Participation Detail
ATTACHMENT A.
Recreation Services Department Quarterly Review
July - September 2026
Participation Detail
Adult/Senior Fitness & Enrichment Programs
Program Registered Sessions New or Existing Program
1 Armchair Travel 34 3 Existing
2 Boot Camp Fitness 6 2 Existing
3 Breakfast and Bingo 52 3 Existing
4 Bring Your Own Craft (BYOC) 5 1 Existing
5 Ladies Social 32 3 Existing
6 Mixtiso Happy Chair Yoga 6 3 Existing
7 Restorative Yoga 4 3 Existing
8 Senior Strength and Core 16 2 Existing
9 Walk Club 13 3 Existing
10 Walk Club - Salem Memorial Park 5 1 NEW
11 Zumba Toning - Saturday 8 2 Existing
12 Zumba Toning - Tuesday 16 2 Existing
Total Number of Participants 197
Adult & Senior Trips & Events
13 Program Registered Sessions New or Existing Program
14 Adult Cooking Class Cancelled 1 Existing
15 Creekside Villa BBQ 30 1 Existing
16 Beauty and the Beast (trip) 11 1 NEW
17 Dandelian Chocolate Factory 11 3 Existing
18 Friday Films 18 3 NEW
19 Friday Films Concessions 15 3 Existing
20 Senior Luncheon 100 3 Existing
21 John Muir Woods 19 1 NEW
Total Number of Participants 204
Youth & Teen Enrichment Programs
Program Registered Sessions New or Existing Program
22 August - Extended Care 13 1 NEW
23 Duo Dance Academy 1 1 Existing
24 Leaders in Training 17 1 Existing
25 Kid’s Club After School Program 20 3 Existing
26 Kumon Math Tutoring 14 3 Existing
27 Kumon Reading Tutoring 8 3 Existing
28 Camp Allegro 4 4 NEW
29 Lego Camp - Radical Rides 12 1 NEW
30 Lego Discovery Center - Day Camp 44 1 Existing
31 Summer Day Camp 251 3 Existing
32 Summer Day Camp - Afternoon Care 522 3 Existing
33 Summer Day Camp - Eary Morning Care 503 3 Existing
34 Jr Chef Stars Camp - Let Them Eat Cake 1 1 NEW
35 Jr Chef Stars Camp - Cupcake Masters 2 1 NEW
36 Teen HO Workshop - Clean Up 0 1 NEW
37 Teen HO Workshop - Back to School Drive 7 1 NEW
38 Teen HO Workshop - Colma Fire Tour 1 1 NEW
39 Dessert and Arts & Crafts 7 1 NEW
40 Teen Hang Out 21 4 NEW
41 Chapter Chat Teen Book Club Cancelled 3 NEW
42 The Block Builders Club 15 3 Existing
Total Number of Participants 1450
Youth and Teen Events & Trips
43 Program Registered Sessions New or Existing Program
44 Alcatraz Night Tour 10 1 NEW
45 Aqua Adventure - Day Camp Trip 42 1 Existing
46 Bay FC Game (Teen) Cancelled 1 NEW
47 Exploratoirium - Day Camp Trip 45 1 Existing
48 Great America - Teens 9 1 NEW
49 Walk Disney Famly Museum - Day Camp Trip 44 1 NEW
51 Teen HO - SF Moma Cancelled 1 NEW
52 Teen HO - Cheesecake Factory Cancelled 1 NEW
53 Teen HO - Stagecoach Greens 4 1 NEW
54 Parents Night Out 43 3 Existing
Total Number of Participants 197
Community Programs
55 Program Registered Sessions New or Existing Program
56 Beauty and the Beast 17 1 NEW
57 Open Pickleball 0 1 Existing
58 Colma Cab Connect 3 1 Existing
59 Community Fair (craft vendors) 30 1 Existing
60 Grandparent & Me - Breakfast and Bingo 5 1 NEW
61 Grandparents Day Celerbation 16 1 Existing
62 Cinema at the Cemetery 210 1 Existing
63 Park and Rec Month - Dodgeball 10 1 NEW
64 Park and Rec Month - Bounce House 10 1 NEW
65 Park and Rec Month - Pastries with People Next Door 10 1 NEW 66 SF Giants Tickets 14 1 Existing
67 Town Picnic 218 1 Existing
68 Town Picnic Bingo 42 2 Existing
69 Summer Food Program - Lunches 675 5 Existing
70 Summer Concert Series 350 3 Existing
71 Summer Food Program - Snacks 1250 5 Existing
72 Family Night Lights 5 1 Existing
73 Valyries Tickets 18 1 NEW
74 Dodgeball & Pizza - September 10 1 NEW
Total Number of Participants 2893
Overall total Particiaption July-September 2026 4941
AGENDA ITEM 3.
STAFF REPORT
TO: Mayor and Members of City Council
FROM: Michelle Estabillo , City Clerk
VIA: Daniel Barros, City Manager
MEETING DATE: Wednesday, October 14, 2026
SUBJECT: Biennial Conflict of Interest Code Amendment
RECOMMENDATION
Staff recommends that the City Council adopt the following:
RESOLUTION APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 AND CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
The discussion of this Agenda Item is consistent with the Council values of Honesty and Integrity because it amends the Town’s current Conflict of Interest Code to identify positions that are required to disclose any potential conflict of interests.
BACKGROUND
The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their Codes as necessary when directed by the code- reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). As the Town’s code-reviewing body, the City Council directed that the Code be reviewed as required under the Act. During this review, staff found that amendments to the Code are necessary to include new positions that must be designated. Such amendments are required to be approved by the City Council as the Town’s code-reviewing body.
ANALYSIS
Pursuant to the Political Reform Act (the “Act”), staff was directed to: (1) conduct a review of the Town’s Conflict of Interest Code (“Code”) to determine if a change in the Code was necessary; (2) file a biennial notice regarding the results of the review no later than the required deadline, and (3) amend the Town’s Code pursuant to the Act, if necessary.
During the review process, staff found that amendments to the Town’s Conflict of Interest Code are necessary to include new positions, revise disclosure categories, revise the titles of existing positions, delete the titles of positions that have been abolished and/or positions that
AGENDA ITEM 3.
no longer make or participate in making governmental decisions. A redlined version of the proposed amended Code is attached.
FISCAL IMPACT
There are no unbudgeted fiscal impacts.
ENVIRONMENTAL
The proposed updates are entirely administrative and organizational in nature. Pursuant to CEQA Guidelines Section 15378, organizational activities that will not result in direct or indirect physical changes to the environment do not constitute a "project" under the California Environmental Quality Act.
ALTERNATIVES
There are no alternatives. If the Town fails to take action, the Town may be considered in violation of the Poltical Reform Act.
CONCLUSION
Pursuant to the Political Reform Act (the “Act”), staff: (1) conducted a review of the Town’s Conflict of Interest Code to determine if a change was necessary; (2) filed a biennial notice regarding the results of the review no later than the required deadline, and (3) amended the Town’s Conflict of Interest Code pursuant to the Act. A redlined version of the proposed amended Code is attached.
ATTACHMENTS
A. Resolution Conflict of Interest
B. Amended Conflict of Interest Code
C. Amended COI (Clean Version)
D. Regulation 18730
25977.17000\45419154.1
Res. 2026-___, Colma Conflict of Interest Code Page 1 of 2
RESOLUTION NO. 2026-___
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 AND CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby resolve as follows:
1. Background
a) The Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the Town of Colma (the “Town”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and
b) The City Council adopted a Conflict of interest Code (the “Code”) which was amended on October 9, 2024, in compliance with the Act; and
c) Subsequent changed circumstances within the Town have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Town’s Code; and
d) The potential penalties for violation of the provisions of the Act are significant and may include criminal and civil liability, as well as equitable relief which could result in the Town being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
e) Notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Conflict of Interest Code was provided each affected designated position and publicly posted for review; and f) A public meeting was held upon the proposed amended Conflict of Interest Code at a regular meeting of the City Council on October 14, 2026, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code.
2. Approval and Adoption.
This City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying during regular business hours.
3. Effective Date.
Said amended Code shall become effective immediately upon the date of its adoption and approval.
* * * * *
25977.17000\45419154.1
Res. 2026-___, Colma Conflict of Interest Code Page 2 of 2
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 October 14, 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
Attest: ____________________________
Michelle Estabillo, City Clerk
25977.17000\45419038.1
CONFLICT OF INTEREST CODE
OF THE
TOWN OF COLMA
(Amended October 9, 2024 October 14, 2026)
The Political Reform Act (Gov ernment. Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal ifornia.
Code of Regulations. § 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Town of Colma (the "Town").
All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the Town’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual and forward the originals of such statement s of economic interests directly with to the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
1
APP A-1- 25977.17000\45419038.1
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
TOWN OF COLMA
(Amended October 9, 2024 October 14, 2026)
PART “A”
The Mayor, Members of the City Council, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the Town’s Code but must file disclosure statements under Government Code section 87200 et seq.). [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are officials who manage public investments.1 These positions are listed here for informational purposes only.
Investment Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
APP A-2- 25977.17000\45419038.1
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Accounting Manager 5
Administrative Services Director 1, 2
Administrative Technician III 5
Assistant City Engineer 2, 3, 5, 6
Building Inspector 6
Building Official 2, 6
Chief of Police 5, 6
City Attorney (not filing under GC 87200) 1, 2
City Clerk 5
City Engineer 1, 2
City Planner Planning Manager 1, 2
Communications/Dispatch Supervisor 5
Deputy City Clerk 5
Deputy City Planner 2, 3, 5, 6
Deputy Public Works Director 1, 2
Director, Public Works and Engineering Planning 1, 2
Executive Assistant to the Chief of Police 5
Human Resources Manager 5
Labor Negotiator 5
APP A-3- 25977.17000\45419038.1
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Management Analyst 5
Maintenance Technician III 5
Police Commander 5
Police Sergeant 5
Principal Planner 2, 3, 5, 6
Public Works Supervisor 5
Recreation Coordinator 5
Recreation Manager 5
Senior Planner 2, 3, 5, 6
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.).
25977.17000\45419038.1
PART “B”
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the Town.
Category 1: All investments , and business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments ), that are located in, do business in, or own real property within the jurisdiction of the Town.
Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the Town, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments , and business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments ), that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the Town.
Category 4: All investments , and business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments), that provide services (including training or consulting services) , products, materials, machinery, vehicles or equipment of a the type purchased or leased by the Town.
Category 5: All investments , and business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments), that provide services (including training or consulting services) , products, materials, machinery, vehicles or equipment of a the type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments , and business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments), subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) APP B-1-
25977.17000\45419038.2
CONFLICT OF INTEREST CODE
OF THE
TOWN OF COLMA
(Amended October 14, 2026)
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations § 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Town of Colma (the "Town").
The Mayor, Members of the City Council, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statement of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
1
APP A-1-
25977.17000\45419038.2
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
TOWN OF COLMA
(Amended October 14, 2026)
PART “A”
The Mayor, Members of the City Council, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the Town’s Code but must file disclosure statements under Government Code section 87200 et seq.). [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are officials who manage public investments.1 These positions are listed here for informational purposes only.
Investment Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
APP A-2-
25977.17000\45419038.2
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Accounting Manager 5
Administrative Services Director 1, 2
Administrative Technician III 5
Building Inspector 6
Building Official 2, 6
Chief of Police 5, 6
City Attorney (not filing under GC 87200) 1, 2
City Clerk 5
City Planner Planning Manager 1, 2
Communications/Dispatch Supervisor 5
Deputy City Clerk 5
Director, Public Works and Engineering 1, 2
Executive Assistant to the Chief of Police 5
Human Resources Manager 5
Labor Negotiator 5
APP A-3-
25977.17000\45419038.2
DESIGNATED POSITIONS’
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Management Analyst 5
Maintenance Technician III 5
Police Commander 5
Police Sergeant 5
Principal Planner 2, 3, 5, 6
Public Works Supervisor 5
Recreation Coordinator 5
Recreation Manager 5
Senior Planner
2, 3, 5, 6
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.).
25977.17000\45419038.2
PART “B”
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned. 3 Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the Town.
Category 1: All investments, business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments), that are located in, do business in, or own real property within the jurisdiction of the Town.
Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the Town, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments, business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments), that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the Town.
Category 4: All investments, business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments), that provide services (including training or consulting services), products, materials, machinery, vehicles or equipment of the type purchased or leased by the Town.
Category 5: All investments, business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments), that provide services (including training or consulting services), products, materials, machinery, vehicles or equipment of the type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments, business positions in business entities, and sources of income, (including receipt of gifts, loans and travel payments), subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
APP B-1-
3/24/2025 1 Amend Regulation 18730
Amend 2 Cal. Code Regs., Section 18754 to read:1
§ 18730. Provisions of Conflict of Interest Codes.2
(a) Incorporation by reference of the terms of this regulation along with the designation 3 of employees and the formulation of disclosure categories in the Appendix referred to below 4 constitute the adoption and promulgation of a conflict of interest code within the meaning of 5 Section 87300 or the amendment of a conflict of interest code within the meaning of Section 6 87306 if the terms of this regulation are substituted for terms of a conflict of interest code 7 already in effect. A code so amended or adopted and promulgated requires the reporting of 8 reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 9 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest 10 code are in addition to other requirements of the Political Reform Act, such as the general 11 prohibition against conflicts of interest contained in Section 87100, and to other state or local 12 laws pertaining to conflicts of interest. 13
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant 14 to this regulation are as follows: 15
(1) Section 1. Definitions. 16
The definitions contained in the Political Reform Act of 1974, regulations of the Fair 17 Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or 18 regulations, are incorporated by reference into this conflict of interest code. 19 (2) Section 2. Designated Employees. The persons holding positions listed in the 20 Appendix are designated employees. It has been determined that these persons make or 21 1participate in the making of decisions which may foreseeably have a material effect on 22 economic interests. 23
3/24/2025 2 Amend Regulation 18730
(3) Section 3. Disclosure Categories. 1
This code does not establish any disclosure obligation for those designated employees 2 who are also specified in Section 87200 if they are designated in this code in that same capacity 3 or if the geographical jurisdiction of this agency is the same as or is wholly included within the 4 jurisdiction in which those persons must report their economic interests pursuant to article 2 of 5 chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not 6 establish any disclosure obligation for any designated employees who are designated in a conflict 7 of interest code for another agency, if all of the following apply: 8 (A) The geographical jurisdiction of this agency is the same as or is wholly included 9 within the jurisdiction of the other agency; 10
(B) The disclosure assigned in the code of the other agency is the same as that required 11 under article 2 of chapter 7 of the Political Reform Act, Section 87200; and 12 (C) The filing officer is the same for both agencies. [FN1] 13 Such persons are covered by this code for disqualification purposes only. With respect to 14 all other designated employees, the disclosure categories set forth in the Appendix specify which 15 kinds of economic interests are reportable. Such a designated employee shall disclose in the 16 employee's statement of economic interests those economic interests the employee has which are 17 of the kind described in the disclosure categories to which the employee is assigned in the 18 Appendix. It has been determined that the economic interests set forth in a designated employee's 19 disclosure categories are the kinds of economic interests which the employee foreseeably can 20 affect materially through the conduct of the employee's office. 21 (4) Section 4. Statements of Economic Interests: Place of Filing. 22
3/24/2025 3 Amend Regulation 18730
The code reviewing body shall instruct all designated employees within its code to file 1 statements of economic interests with the agency or with the code reviewing body, as provided 2 by the code reviewing body in the agency's conflict of interest code or with the Fair Political 3 Practices Commission using the Commission’s electronic filing system as required under Section 4 87500. [FN2] 5
(5) Section 5. Statements of Economic Interests: Time of Filing. 6 (A) Initial Statements. All designated employees employed by the agency on the effective 7 date of this code, as originally adopted, promulgated and approved by the code reviewing body, 8 shall file statements within 30 days after the effective date of this code. Thereafter, each person 9 already in a position when it is designated by an amendment to this code shall file an initial 10 statement within 30 days after the effective date of the amendment. 11 (B) Assuming Office Statements. All persons assuming designated positions after the 12 effective date of this code shall file statements within 30 days after assuming the designated 13 positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. 14 (C) Annual Statements. All designated employees shall file statements no later than April 15
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the 16 deadline for the annual statement of economic interests is 30 days following the person's return 17 to office, provided the person, or someone authorized to represent the person's interests, notifies 18 the filing officer in writing prior to the applicable filing deadline that the person is subject to that 19 federal statute and is unable to meet the applicable deadline, and provides the filing officer 20 verification of the person's military status.21
(D) Leaving Office Statements. All persons who leave designated positions shall file 22 statements within 30 days after leaving office. 23
3/24/2025 4 Amend Regulation 18730
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. 1 Any person who resigns within 12 months of initial appointment, or within 30 days of the 2 date of notice provided by the filing officer to file an assuming office statement, is not deemed to 3 have assumed office or left office, provided the person did not make or participate in the making 4 of, or use the person's position to influence any decision and did not receive or become entitled 5 to receive any form of payment as a result of the person's appointment. Such persons shall not 6 file either an assuming or leaving office statement. 7 (A) Any person who resigns a position within 30 days of the date of a notice from the 8 filing officer shall do both of the following: 9
(1) File a written resignation with the appointing power; and 10 (2) File a written statement with the filing officer declaring under penalty of perjury that 11 during the period between appointment and resignation the person did not make, participate in 12 the making, or use the position to influence any decision of the agency or receive, or become 13 entitled to receive, any form of payment by virtue of being appointed to the position. 14 (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. 15 (A) Contents of Initial Statements. Initial statements shall disclose any reportable 16 investments, interests in real property and business positions held on the effective date of the 17 code and income received during the 12 months prior to the effective date of the code.18 (B) Contents of Assuming Office Statements. 19
Assuming office statements shall disclose any reportable investments, interests in real 20 property and business positions held on the date of assuming office or, if subject to State Senate 21 confirmation or appointment, on the date of nomination, and income received during the 12 22
3/24/2025 5 Amend Regulation 18730
months prior to the date of assuming office or the date of being appointed or nominated, 1 respectively. 2
(C) Contents of Annual Statements. Annual statements shall disclose any reportable 3 investments, interests in real property, income and business positions held or received during the 4 previous calendar year provided, however, that the period covered by an employee's first annual 5 statement shall begin on the effective date of the code or the date of assuming office whichever 6 is later, or for a board or commission member subject to Section 87302.6, the day after the 7 closing date of the most recent statement filed by the member pursuant to Regulation 18754. 8 (D) Contents of Leaving Office Statements. 9
Leaving office statements shall disclose reportable investments, interests in real property, 10 income and business positions held or received during the period between the closing date of the 11 last statement filed and the date of leaving office. 12 (7) Section 7. Manner of Reporting. 13
Statements of economic interests shall be made on forms prescribed by the Fair Political 14 Practices Commission and supplied by the agency, and shall contain the following information: 15 (A) Investment and Real Property Disclosure. 16
When an investment or an interest in real property [FN3] is required to be reported, 17 [FN4] the statement shall contain the following: 18
1. A statement of the nature of the investment or interest;19
2. The name of the business entity in which each investment is held, and a general 20 description of the business activity in which the business entity is engaged; 21
3. The address or other precise location of the real property; 22
3/24/2025 6 Amend Regulation 18730
4. A statement whether the fair market value of the investment or interest in real property 1 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. 2 (B) Personal Income Disclosure. When personal income is required to be reported, [FN5] 3 the statement shall contain: 4
1. The name and address of each source of income aggregating $500 or more in value, or 5 $50 or more in value if the income was a gift, and a general description of the business activity, 6 if any, of each source; 7
2. A statement whether the aggregate value of income from each source, or in the case of 8 a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater 9 than $10,000, or greater than $100,000; 10
3. A description of the consideration, if any, for which the income was received; 11
4. In the case of a gift, the name, address and business activity of the donor and any 12 intermediary through which the gift was made; a description of the gift; the amount or value of 13 the gift; and the date on which the gift was received; 14
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan 15 and the term of the loan. 16
(C) Business Entity Income Disclosure. When income of a business entity, including 17 income of a sole proprietorship, is required to be reported, [FN6] the statement shall contain: 18
1. The name, address, and a general description of the business activity of the business 19 entity;20
2. The name of every person from whom the business entity received payments if the 21 filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. 22
3/24/2025 7 Amend Regulation 18730
(D) Business Position Disclosure. When business positions are required to be reported, a 1 designated employee shall list the name and address of each business entity in which the 2 employee is a director, officer, partner, trustee, employee, or in which the employee holds any 3 position of management, a description of the business activity in which the business entity is 4 engaged, and the designated employee's position with the business entity. 5 (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving 6 office statement, if an investment or an interest in real property was partially or wholly acquired 7 or disposed of during the period covered by the statement, the statement shall contain the date of 8 acquisition or disposal. 9
(8) Section 8. Prohibition on Receipt of Honoraria. 10
(A) No member of a state board or commission, and no designated employee of a state or 11 local government agency, shall accept any honorarium from any source, if the member or 12 employee would be required to report the receipt of income or gifts from that source on the 13 member's or employee's statement of economic interests. 14 (B) This section shall not apply to any part-time member of the governing board of any 15 public institution of higher education, unless the member is also an elected official. 16 (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this 17 section. 18
(D) This section shall not limit or prohibit payments, advances, or reimbursements for 19 travel and related lodging and subsistence authorized by Section 89506. 20 (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $590. 21 (A) No member of a state board or commission, and no designated employee of a state or 22 local government agency, shall accept gifts with a total value of more than $590 in a calendar 23
3/24/2025 8 Amend Regulation 18730
year from any single source, if the member or employee would be required to report the receipt 1 of income or gifts from that source on the member's or employee's statement of economic 2 interests. 3
(B) This section shall not apply to any part-time member of the governing board of any 4 public institution of higher education, unless the member is also an elected official. 5 (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this 6 section. 7
(8.2) Section 8.2. Loans to Public Officials. 8
(A) No elected officer of a state or local government agency shall, from the date of the 9 election to office through the date that the officer vacates office, receive a personal loan from 10 any officer, employee, member, or consultant of the state or local government agency in which 11 the elected officer holds office or over which the elected officer's agency has direction and 12 control. 13
(B) No public official who is exempt from the state civil service system pursuant to 14 subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while 15 he or she holds office, receive a personal loan from any officer, employee, member, or consultant 16 of the state or local government agency in which the public official holds office or over which 17 the public official's agency has direction and control. This subdivision shall not apply to loans 18 made to a public official whose duties are solely secretarial, clerical, or manual. 19 (C) No elected officer of a state or local government agency shall, from the date of the 20 election to office through the date that the officer vacates office, receive a personal loan from 21 any person who has a contract with the state or local government agency to which that elected 22 officer has been elected or over which that elected officer's agency has direction and control. 23
3/24/2025 9 Amend Regulation 18730
This subdivision shall not apply to loans made by banks or other financial institutions or to any 1 indebtedness created as part of a retail installment or credit card transaction, if the loan is made 2 or the indebtedness created in the lender's regular course of business on terms available to 3 members of the public without regard to the elected officer's official status. 4 (D) No public official who is exempt from the state civil service system pursuant to 5 subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while 6 the official holds office, receive a personal loan from any person who has a contract with the 7 state or local government agency to which that elected officer has been elected or over which 8 that elected officer's agency has direction and control. This subdivision shall not apply to loans 9 made by banks or other financial institutions or to any indebtedness created as part of a retail 10 installment or credit card transaction, if the loan is made or the indebtedness created in the 11 lender's regular course of business on terms available to members of the public without regard to 12 the elected officer's official status. This subdivision shall not apply to loans made to a public 13 official whose duties are solely secretarial, clerical, or manual. 14 (E) This section shall not apply to the following: 15
1. Loans made to the campaign committee of an elected officer or candidate for elective 16 office. 17
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, 18 brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first 19 cousin, or the spouse of any such persons, provided that the person making the loan is not acting 20 as an agent or intermediary for any person not otherwise exempted under this section. 21
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time. 22
3/24/2025 10 Amend Regulation 18730
4. Loans made, or offered in writing, before January 1, 1998. 9(8.3) Section 8.3. Loan 1 Terms. 2
(A) Except as set forth in subdivision (B), no elected officer of a state or local 3 government agency shall, from the date of the officer's election to office through the date the 4 officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing 5 and clearly states the terms of the loan, including the parties to the loan agreement, date of the 6 loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan 7 and the amount of the payments, and the rate of interest paid on the loan. 8 (B) This section shall not apply to the following types of loans: 9
1. Loans made to the campaign committee of the elected officer. 10
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, 11 grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, 12 uncle, or first cousin, or the spouse of any such person, provided that the person making the loan 13 is not acting as an agent or intermediary for any person not otherwise exempted under this 14 section. 15
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section 16 shall exempt any person from any other provision of Title 9 of the Government Code. 17 (8.4) Section 8.4. Personal Loans. 18
(A) Except as set forth in subdivision (B), a personal loan received by any designated 19 employee shall become a gift to the designated employee for the purposes of this section in the 20 following circumstances: 21
1. If the loan has a defined date or dates for repayment, when the statute of limitations for 22 filing an action for default has expired. 23
3/24/2025 11 Amend Regulation 18730
2. If the loan has no defined date or dates for repayment, when one year has elapsed from 1 the later of the following: 2
a. The date the loan was made. 3
b. The date the last payment of $100 or more was made on the loan. 4 c. The date upon which the debtor has made payments on the loan aggregating to less 5 than $250 during the previous 12 months. 6
(B) This section shall not apply to the following types of loans: 7
1. A loan made to the campaign committee of an elected officer or a candidate for 8 elective office. 9
2. A loan that would otherwise not be a gift as defined in this title. 10
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which 11 the creditor has taken reasonable action to collect the balance due. 12
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which 13 the creditor, based on reasonable business considerations, has not undertaken collection action. 14 Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this 15 paragraph has the burden of proving that the decision for not taking collection action was based 16 on reasonable business considerations. 17
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately 18 discharged in bankruptcy. 19
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 20 of the Government Code. 21
(9) Section 9. Disqualification.22
3/24/2025 12 Amend Regulation 18730
No designated employee shall make, participate in making, or in any way attempt to use 1 the employee's official position to influence the making of any governmental decision which the 2 employee knows or has reason to know will have a reasonably foreseeable material financial 3 effect, distinguishable from its effect on the public generally, on the official or a member of the 4 official's immediate family or on: 5
(A) Any business entity in which the designated employee has a direct or indirect 6 investment worth $2,000 or more; 7
(B) Any real property in which the designated employee has a direct or indirect interest 8 worth $2,000 or more; 9
(C) Any source of income, other than gifts and other than loans by a commercial lending 10 institution in the regular course of business on terms available to the public without regard to 11 official status, aggregating $500 or more in value provided to, received by or promised to the 12 designated employee within 12 months prior to the time when the decision is made; 13 (D) Any business entity in which the designated employee is a director, officer, partner, 14 trustee, employee, or holds any position of management; or 15 (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating 16 $590 or more provided to, received by, or promised to the designated employee within 12 17 months prior to the time when the decision is made. 18 (9.3) Section 9.3. Legally Required Participation. 19
No designated employee shall be prevented from making or participating in the making 20 of any decision to the extent the employee's participation is legally required for the decision to be 21 made. The fact that the vote of a designated employee who is on a voting body is needed to break 22 a tie does not make the employees' participation legally required for purposes of this section. 23
3/24/2025 13 Amend Regulation 18730
(9.5) Section 9.5. Disqualification of State Officers and Employees. 1 In addition to the general disqualification provisions of section 9, no state administrative 2 official shall make, participate in making, or use the official's position to influence any 3 governmental decision directly relating to any contract where the state administrative official 4 knows or has reason to know that any party to the contract is a person with whom the state 5 administrative official, or any member of the official's immediate family has, within 12 months 6 prior to the time when the official action is to be taken: 7 (A) Engaged in a business transaction or transactions on terms not available to members 8 of the public, regarding any investment or interest in real property; or 9 (B) Engaged in a business transaction or transactions on terms not available to members 10 of the public regarding the rendering of goods or services totaling in value $1,000 or more. 11 (10) Section 10. Disclosure of Disqualifying Interest. 12 When a designated employee determines that the employee should not make a 13 governmental decision because the employee has a disqualifying interest in it, the determination 14 not to act may be accompanied by disclosure of the disqualifying interest. 15 (11) Section 11. Assistance of the Commission and Counsel. 16 Any designated employee who is unsure of the duties under this code may request 17 assistance from the Fair Political Practices Commission pursuant to Section 83114 and 18 Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that 19 nothing in this section requires the attorney for the agency to issue any formal or informal 20 opinion. 21
(12) Section 12. Violations. 22
3/24/2025 14 Amend Regulation 18730
This code has the force and effect of law. Designated employees violating any provision 1 of this code are subject to the administrative, criminal and civil sanctions provided in the 2 Political 13Reform Act, Sections 81000-91014. In addition, a decision in relation to which a 3 violation of the disqualification provisions of this code or of Section 87100 or 87450 has 4 occurred may be set aside as void pursuant to Section 91003. 5 ___________________ 6
1 Designated employees who are required to file statements of economic interests under 7 any other agency's conflict of interest code, or under article 2 for a different 8 jurisdiction, may expand their statement of economic interests to cover reportable 9 interests in both jurisdictions, and file copies of this expanded statement with both 10 entities in lieu of filing separate and distinct statements, provided that each copy of 11 such expanded statement filed in place of an original is signed and verified by the 12 designated employee as if it were an original. See Section 81004. 13 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons 14 in agencies who make and retain copies of statements and forward the originals to the 15 filing officer. 16
3 For the purpose of disclosure only (not disqualification), an interest in real property 17 does not include the principal residence of the filer. 18 4 Investments and interests in real property which have a fair market value of less than 19 $2,000 are not investments and interests in real property within the meaning of the 20 Political Reform Act. However, investments or interests in real property of an 21 individual include those held by the individual's spouse and dependent children as 22 well as a pro rata share of any investment or interest in real property of any business 23
3/24/2025 15 Amend Regulation 18730
entity or trust in which the individual, spouse and dependent children own, in the 1 aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 2 5 A designated employee's income includes the employee's community property 3 interest in the income of the employee's spouse but does not include salary or 4 reimbursement for expenses received from a state, local or federal government 5 agency. 6
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of 7 the filer and the filer's spouse in the business entity aggregates a 10 percent or greater 8 interest. In addition, the disclosure of persons who are clients or customers of a 9 business entity is required only if the clients or customers are within one of the 10 disclosure categories of the filer. 11
NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 12 87300-87302, 89501, 89502 and 89503, Government Code. 13
AGENDA ITEM 4.
STAFF REPORT
TO: Mayor and Members of City Council
FROM: John Munsey, Chief of Police
VIA: Daniel Barros, City Manager
MEETING DATE: Wednesday, October 14, 2026
SUBJECT: Response to Grand Jury Report Dated August 3, 2026 - ALPR
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
MOTION APPROVING THE TOWN OF COLMA'S RESPONSE TO THE GRAND JURY REPORT DATED AUGUST 3, 2026 ENTITLED "IS OUR FLOCK OF ALPR (AUTOMATIC LICENSE PLATE READERS) CAMERAS PROPERLY TENDED?"
COUNCIL ADOPTED VALUES
Approving the Town of Colma Grand Jury response displays the VISION of the Town to consider the broader regional and statewide implications of the agency’s decisions and issues as they apply to the utilization of ALPR technology.
BACKGROUND
The San Mateo County Grand Jury is a volunteer body of 19 citizens, selected at random from a pool of nominees, to investigate local governmental agencies and make recommendations to improve the efficiency of local government. The August 3, 2026, Grand Jury report contains findings and recommendations on a number of subjects that are applicable to agencies in San Mateo County – namely, findings and recommendations pertaining to the Use of FLOCK ALRP Cameras. The Presiding Judge of the County Superior Court has formally requested that the Town review the report and file a written response indicating the following:
• That the Town agrees or disagrees, in whole or in part, with the findings; • That the recommendation has been implemented, will be implemented, requires further analysis, or will not be implemented; and
• An explanation of the reason for any disagreement with findings or recommendations;
• The response was approved by your governing body at a public meeting.
AGENDA ITEM 4.
ANALYSIS
The Town's proposed October 14, 2026 Grand Jury response, which includes responses to each of the Grand Jury’s findings and recommendations, is attached as Attachment A.
FISCAL IMPACT
There are no fiscal implications associated with the approval of the Town’s response to the Grand Jury report.
ENVIRONMENTAL
This is not a project under the California Environmental Quality Act (CEQA) Guidelines section 15378, as it is an administrative activity that will not result in physical change to the environment.
ALTERNATIVES
There are no recommended alternatives.
CONCLUSION
Staff recommends that the City Council approve, by motion, the Town’s proposed response to the August 3, 2026 Grand Jury report regarding “Is Our Flock of ALPR Cameras Properly Tended.”
ATTACHMENTS
A. Draft Grand Jury Response Letter ALPR
B. 431 Automated License Plate Readers ALPRs
TOWN OF COLMA
1198 El Camino Real • Colma, California • 94014-3212
Tel 650.997.8300 • Fax 650.997.8308
Carrie Slaughter, Mayor
Helen Fisicaro, Vice Mayor
Joanne F. del Rosario, Council Member • Thomas Walsh, Council Member • Ken Gonzalez, Council Member Daniel Barros, City Manager
October 13, 2026
Hon. Rachel Holt
Judge of the Superior Court
c/o Jenarda Dubois
Hall of Justice
400 County Center; 8th Floor
Redwood City, CA 94063-1655
Re: Grand Jury Report: “Is Our Flock of ALPR Cameras Properly Tended”
Dear Judge Holt;
The City Council received the August 3, 2026 San Mateo Civil Grand Jury report titled, “Is Our Flock of ALPR Cameras Properly Tended”
The Town of Colma was requested to submit responses regarding the findings and recommendations no later than November 2, 2026.
The City Council of the Town of Colma has reviewed the recommendations in the Grand Jury Report that affect the Town and approved the responses at its public meeting on October 14, 2026.
Findings:
The Town agrees with findings F1, F3, F5, F7, F8, and F9.
F1. The Town agrees with the finding. The ALPR operator’s ALPR policy was not posted in a manner that appears consistent with the California Attorney General’s guidance on “conspicuous” posting.
F3. The Town agrees with the finding. The ALPR operator shared ALPR information with private university security entities but did not establish that the receiving entity was a “public agency” as defined in Civil Code section 1798.90.55(b), or that the sharing was otherwise permitted by law within the meaning of Civil Code section 1798.90.55(b).
F5. The Town agrees with the finding. The audit reports produced by the ALPR operator were insufficient to substantiate compliance with applicable California law and the operator’s published ALPR policy.
F7. The Town agrees with the finding. The operator’s ALPR policy described a process requiring written requests and executed agreements for ALPR data-sharing relationships; however, the records produced did not substantiate that this process was followed or that the required agreements were obtained.
F8. The Town agrees with the finding. The operator’s ALPR policy did not establish criteria governing the approval of in-state ALPR data-sharing requests or the termination of existing network-sharing relationships.
F9. The Town agrees with the finding. The retention period specified in the operator’s ALPR Policy does not match the retention period as reported by the Flock transparency portal or Flock contract.
Recommendations:
R1. The ALPR operator should conspicuously post the current version of their ALPR Policy as required by Civil Code sections 1798.90.51(a)–(b).
Response:
The recommendation has been implemented. The Town has updated the Flock Transparency Portal to have a link to the specific Lexipol ALPR Policy. https://www.colma.ca.gov/documents/colma-police-department-policy-manual/
R3. The ALPR operator currently identified as sharing ALPR data with private university security entities should obtain and retain a written legal and factual determination that the recipient is a “public agency” under Civil Code section 1798.90.5(f), or that the sharing is otherwise permitted by law; if no lawful basis exists, the operator should terminate the sharing relationship.
Response:
The recommendation has been implemented. We have found we are sharing our data with two non-public organizations
• One was Holy Cross Cemetery. We have eliminated their ability to see our data • The second was Oakland Port Authority. We have canceled their ability to view our data.
R5. The recommendation has been implemented. The audit reports produced by the ALPR operator should substantiate compliance with applicable California law and the operator’s published ALPR policy.
Response:
Utilizing Fock’s Organizational Audit Software, we are in compliance with California Law and Department Policy.
R7. The ALPR operator should update its ALPR policy to accurately reflect the process used to approve ALPR data-sharing relationships.
Response:
The recommendation has been implemented. We utilize the Flock System to approve or deny sharing requests. Currently Lexipol Policy 431.7 states we need a written request. We will change this to receiving requests digitally. We have also updated our Flock system, so all requests need to be approved manually.
R8. The ALPR operator should include in their ALPR policies written criteria governing the approval, denial, periodic review, and termination of in-state ALPR network-sharing relationships.
Response:
Lexipol Policy 431.7 Releasing ALPR Data.
• The ALPR data may be shared only with public agencies and only as otherwise permitted by law (Civil Code 1798.90.55)
• For purposes of this section, a public agency is limited to California state or local agencies, including law enforcement agencies and does not include out of state or federal law enforcement agencies (Civil Code 1798.90.5) • The following procedures are guidelines for ALPR requests o The agency makes a request for ALPR data through the online portal o The request is reviewed by the Administration Commander or the authorized designee and approved before the request is fulfilled
o The approved request is retained on file
• Request for ALPR data by non-California public agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code 1798.90.55)
R9. The ALPR operator should update their ALPR policy or Flock contract terms, as necessary, so that the stated retention rule accurately reflects operations.
Response:
Lexipol Policy 431.5 Data Collection and Retention.
• Has been updated to state, data retention will be retained for a period of 30 days. 30 Day retention policy has been updated on Colma Police Departments Flock Transparency Portal as well.
The Town appreciates the efforts of the Grand Jury. Please contact City Manager Dan Barros should you require any additional information. He can be reached at (650) 997-8318 or by email:
[email protected].
Sincerely,
Carrie Slaughter
Mayor
Copyright Lexipol, LLC 2026/10/06, All Rights Reserved.
Published with permission by Colma Police Department ***DRAFT***
Automated License Plate Readers (ALPRs) - 1
Colma Police Department
Colma PD Policy Manual
Automated License Plate Readers (ALPRs)
431.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology.
431.2 POLICY
The policy of the Colma Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.
All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review.
431.3 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Colma Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.
All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administration Commander. The Administration Commander will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data.
431.3.1 ALPR ADMINISTRATOR
The Administration Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
Policy
431
Best Practice
Best Practice
Best Practice
State
Colma Police Department
Colma PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2026/10/06, All Rights Reserved.
Published with permission by Colma Police Department ***DRAFT***
Automated License Plate Readers (ALPRs) - 2
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
431.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
431.5 DATA COLLECTION AND RETENTION
The Administration Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.
All ALPR data downloaded to the server should be stored for no more than 30 days and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.
State
Best Practice
Colma Police Department
Colma PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2026/10/06, All Rights Reserved.
Published with permission by Colma Police Department ***DRAFT***
Automated License Plate Readers (ALPRs) - 3
431.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.
The Colma Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(c) ALPR system audits should be conducted on a regular basis. Using Flock's organizational audit software, the Colma Police Department is in compliance with California law and Department Policy.
For security or data breaches, see the Records Release and Maintenance Policy.
431.7 RELEASING ALPR DATA
The ALPR data may be shared only with public agencies and only as otherwise permitted by law (Civil Code § 1798.90.55).
For purposes of this section, a public agency is limited to California state or local agencies, including law enforcement agencies, and does not include out-of-state or federal law enforcement agencies (Civil Code § 1798.90.5).
The following procedures are guidelines for ALPR requests:
1. The agency makes a request for the ALPR data through the online portal.
2. The request is reviewed by the Administration Commander or the authorized designee and approved before the request is fulfilled.
3. The approved request is retained on file.
Requests for ALPR data by non-California public agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).
431.8 TRAINING
The Training Sergeant should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
State MODIFIED
State MODIFIED
State
AGENDA ITEM 5.
STAFF REPORT
TO: Mayor and Members of City Council
FROM: Michelle Estabillo , City Clerk
Daniel Barros, City Manager
Carlo Wei, Management Analyst
VIA: Daniel Barros, City Manager
MEETING DATE: Wednesday, October 14, 2026
SUBJECT: Cost Accounting Ordinance Amendment
RECOMMENDATION
Staff recommends that the City Council adopt the following:
ORDINANCE AMENDING SECTION 1.06.270 OF THE COLMA MUNICIPAL CODE RELATING TO (1) INCREASING THE FINANCIAL THRESHOLD FOR NEGOTIATED, INFORMAL AND
FORMAL BIDS CONSISTENT WITH THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT; AND (2) MODIFYING THE THRESHOLD FOR APPROVAL OF
PLANS, SPECIFICATIONS AND WORKING DETAILS FOR ALL PUBLIC WORKS PROJECTS PURSUANT TO CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
• Fairness
• Responsibility
BACKGROUND
At the September 23, 2026 meeting, the City Council introduced Ordinance No. 2026-830, amending Section 1.06.270 of the Colma Municipal Code relating to (1) increasing the financial threshold for negotiated, informal, and form bids consistent with the California Uniform Public Construction Cost Accounting Act; and (2) modify the threshold for approval of plans, specifications and working details for all Public Works projects pursuant to CEQA Guideline 15378.
ANALYSIS
A full redlined (tracked-changes) version of Section 1.06.270 reflecting these proposed amendments is provided. No other section of the Municipal Code is affected; all other dollar thresholds in Subchapter 1.06 are established independently by Town ordinance and are not
AGENDA ITEM 5.
tied to Public Contract Code Section 22032.
FISCAL IMPACT
The City’s Council’s potential introduction and adoption of the ordinance is not anticipated to lead to any financial impact other than staff time spent in research and drafting this item.
ENVIRONMENTAL
The City Council's action to introduce and adopt the ordinance is not a project under the California Environmental Quality Act (CEQA) Guidelines section 15378, as it is an administrative activity that will not result in a direct or indirect physical change to the environment.
ALTERNATIVES
Not updating the Municipal Code will leave the Town's local bidding procedures inconsistent with current state law.
CONCLUSION
Staff recommends that the City Council adopt Ordinance No. 2026-830.
ATTACHMENTS
A. Colma Municipal Code Red-Lined
B. Ordinance - Section 1.06 Purchasing and Contracting
Purchasing and Contracting Colma Municipal Code
(September 2026) Page 1.06-1
CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS Subchapter 1.06: Purchasing and Contracting
Division 1: General Provisions
1.06.010 Scope
(a) All purchases of goods, contracts for services, and contracts for public works projects shall be made in compliance with the requirements of this ordinance (Subchapter 1.06 of the Colma Municipal Code) and the Town’s Sustainability Policy (Subchapter 1.15 of the Colma Administrative Code).
(b) No purchase of any good, service or equipment shall be made by any department head independently of the City Manager except as provided in this ordinance and the Town’s Sustainability Policy.
[History: Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).] [Reference: Cal. Gov’t Code § 54202, 54203]
1.06.020 Purchasing System; Delegation
(a) The City Manager shall establish a purchasing system for the Town of Colma to obtain goods and services of suitable quality to meet the Town’s needs at the highest reasonable value and at least available cost while increasing ener gy efficiency and reducing water consumption, greenhouse gas emissions (GHG) and waste in accordance with the Town’s Sustainability Policy. (b) Except where expressly prohibited, the City Manager may delegate his or her authority under this ordinance.
[History: Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.030 Prohibition against Splitti ng or Separating Projects It shall be unlawful to split or separate any proj ect into smaller work orde rs or projects for the purpose of evading the provisions of this subchapter requiring competitive bidding. The work or project shall be presumed to be split for the purpose of evading this subchapter if the proposed contract is for the same type of goods or services, the same type of consideration, and for the same general purpose, as any other contract made within the previous six months. In that case, the proposed contract shall be subject to the competitive bidding requirements set forth in this subchapter.
[History: Added by Ord 734 (7/9/14)]
Purchasing and Contracting Colma Municipal Code
(September 2026) Page 1.06-2
1.06.040 Emergencies
(a) Notwithstanding anything to the contrary herein, the provisions of this section shall apply to all purchases of goods, co ntracts for services, and contra cts for public works projects in an emergency.
(b) In an emergency:
(1) The City Manager may award and execute co ntracts up to $250,000, except that the unexecuted portion of any contract having a value more than $75,000 shall be subject to ratification by the City Council at its fi rst regular meeting following the onset of the emergency;
(2) Competitive bidding is not required, provid ed that, as to a public works project subject to the California Public Contracts Code , the City Council shall have passed a resolution by four-fifths vote of is memb ers declaring that the project interest and necessity demand the immediate expenditure of public money to safeguard life, health or property;
(3) The Awarding Authority may proceed at once to replace or repair any public facility without adopting plans, specific ations, strain sheets, or work ing details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. If notice for bids to let contracts will not be given, the Town sha ll comply with Chapter 2.5 (commencing with Section 22050) of the
California Public Contracts Code.
[History: Formerly § 1.06.060 et al; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.050 Definitions
As used in this ordinance, the following capita lized terms shall have the respective meanings shown.
“Attest” means to certify that the person signin g a document on behalf of a principal has the authority to do so and is acting in his or her official capacity. “Awarding authority” means the person or group granted by this ordinance to award a contract, as described in sections 1.06.060 and 1.06.100 herein.
“City Manager” includes any duly authorized employee of the Town. “Duly authorized employee” means a Town of Colma employee authorized by the administrative policy to approve expenditures and bind the Town of Colma by contract within certain monetary limits.
Purchasing and Contracting Colma Municipal Code
(September 2026) Page 1.06-3
“Goods” means materials, equipment, supplies, furnishings, cons umer products, motor vehicles and other tangible personal property. Procurement of goods may include incidental services of the vendor necessary or convenient for the delivery, installation, set-up, testing or use of goods acquired from the vendor.
“Emergency” is a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent and mitigate the loss or impairment of life, health, property or essential public services. “Open market” means the seller sells goods or the provider sells services in a market open to the general public in such a manner that the price of the good or service is conspicuously available to the public and competitors of the seller; “Public Works” project means a project involvin g an expenditure of more than $5,000 for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds; “Professional services” means services provided by persons with form al education in liberal arts or sciences and advanced study in a specialized fi eld of analytical, scient ific, or technical work such as, but not limited to, accountants, attorney s, appraisers, architects, auditors, biologists, chemists, computer programmers, economists, engineers, construction managers, environmental consultants, geologists, information technology consultants, land surveyors, landscape architects, lobbyists, management consultants, and security consultants. “Purchasing agent” means the City Manager or any person delegated by the City Manager to make a purchase, lease or contract.
“Services” means a service or services provided by an independent contractor. “Value” is the price in dollars to be paid by the Town of Colma under the contract. For purposes of this chapter, when determining the value of contracts for services of professionals such as appraisers, attorneys, accountants, auditors, econ omists, financial advisors, litigation experts, lobbyists and similar consultants compensated based on an hourly or fixed rate for professional services, costs of reimbursement for actual and necessary costs and expenses customarily excluded from the fee for services should not be considered as part of the value of the contract. [History: Formerly § 1.06.030; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
Division 2: Authority to Make Contracts
1.06.060 General Contract Author ity of the City Manager The City Manager is authorized to enter into and execute for and on behalf of the Town of Colma, without the prior approval of the City Council:
(1) a contract for goods or serv ices, including public works projects, which provides for payment of not more than $75,000 by the Town;
Purchasing and Contracting Colma Municipal Code
(September 2026) Page 1.06-4
(2) a lease of real property or equipment which provides for payment of money by the Town, where the total of all lease payments does not exceed $75,000; and (3) a contract with an option to renew by either party, provided that the annual payments do not exceed $75,000 and that the contract may be terminated by the Town at any time without cause.
[History: Formerly § 1.06.040; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.070 Revenue-producing Contracts
(a) The City Manager is hereby authorized to enter into and execute for and on behalf of the Town of Colma, without the prior approval of the City Council, any contract that will result in the payment of money to the Town of Colma of $75,000 or less:
(1) From any public agency or public utility company for construction, use, maintenance or repair of public improvements or facilities; (2) For community social or recreational services provided by the Town, or for use of Town property or facilities, in accordance with established Town Guidelines; or (3) For entry to or encroachment upon Town’s rights-of-way. (b) The City Manager shall review the amount of any fee, charge, tax or assessment payable to the Town for compliance with all applicable laws and regulations. [History: Formerly § 1.06.050; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.080 Modifications to Contracts
The City Manager is authorized to amend or modify a contact, without competitive bidding, as follows:
(1) Where the original contract was $75,000 or less, the City Manager may agree to modifications to the extent that the cumulative total price of the original contract and all modifications does not exceed $75,000;
(2) Where the original contract was more than $75,000, the City Manager may agree to modifications to the extent that the cumulative sum of all modifications which have not been previously approved by the City Council does not exceed 10% of the original contract price or $75,000, whichever is greater.
[History: Formerly § 1.06.070; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
Purchasing and Contracting Colma Municipal Code
(September 2026) Page 1.06-5
1.06.090 Extensions
The City Manager is authorized to extend the te rm of a contract awarded by the City Council, without competitive bidding, provided that the cumulative term of the contract, with extensions, does not exceed four years and the contract price is not increased by a factor greater than the annual increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for the San Jose-San Francisco-Oakland Bay Area. [History: Formerly § 1.06.080; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.100 City Council Authority
(a) Notwithstanding anything to the contrary in this subchapter, the City Council shall be the Awarding Authority for all employment contracts.
(b) The City Council shall be the Awarding Auth ority for all contracts for which the City Manager is not the Awarding Authority.
[History: Formerly § 1.06.090; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
Division 3: Limitations and Requirements
1.06.110 Appropriation Required
No contract may be made, amended, modified or extended by the Awarding Authority unless and until:
(a) Moneys have been appropriated for the good, service or project; and (b) There is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.
[History: Formerly § 1.06.100; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.120 Executing and Signing Contracts
(a) Unless otherwise determined by the City Council at the time of award, a contract awarded by the City Council shall be executed by the Mayor or, in the absence of the Mayor, the Vice- Mayor. The signature of the Mayor or Vice-Mayor may be attested by the City Clerk or any Deputy City Clerk.
Purchasing and Contracting Colma Municipal Code
(September 2026) Page 1.06-6
(b) A contract awarded by the City Manager may be executed by the City Manager or any person delegated by the City Manager. The signature of the City Manager may be attested by any deputy city clerk.
Unless required by law, the lack of attestation sh all not affect the validity of a duly executed contract.
[History: Formerly § 1.06.110; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
[Reference: GOV’T CODE 40602; First Street Plaza Partners v. City of Los Angeles (1998) 65 Cal.App.4th 650]
1.06.130 Written Contract Documents
(a) Contracts for sale to the Town of Colma of go ods over $500 shall be in writing. A duly authorized and issued Town of Colma purchase order may be used to satisfy the requirements of this section provided that the pu rchase order contains all the requirements of a contract under California law. The Town of Colma shall not be bound by any contract that is not first executed by a duly authorized officer or employee of the Town of Colma. (b) Contracts for services having a contract value of $5,000 or greater shall be in writing. The Town of Colma shall not be bound by any contract that is not first executed by a duly authorized officer or employee of the Town of Colma
(c) All changes, modifications, amendments or novations of written co ntracts shall be in writing. Any change, modification, amendment or novation of an oral contract that causes the total contract value to exceed the limit of subdivision (a) or subdivision (b) shall be in writing.
The Town of Colma shall not be bound by any change order, modification, amendment or novation that is not first executed by a duly authorized officer or employee of the Town of Colma. (d) When permitted by state or federal statute and authorized by th e Town of Colma, computer or electronic communication technology may be used whenever a written document is required by this chapter, provided, however, that the communication is capable of being translated into a written or other record of the Town of Colma capable of being retained, accessed and reproduced in accordance with the Town of Colma’s policies governing records of the Town of Colma. The City Manager may develop policies and procedures for use of computer or electronic communication technology for procur ement purposes. The policies and procedures shall be subject to approval by the City Attorney for consistency with this chapter and applicable law.
[History: Formerly § 1.06.120; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
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[Reference: First Street Plaza Partners v. City of Los Angeles (1998) 65 Cal.App.4th 650] 1.06.140 Standardization of Specifications, Inspection and Testing The City Manager shall have the authority to establish quality and performance standards for all materials, equipment, supplies and services that are consistent with the Town’s Sustainability Policy, while permitting competition among bidders. The using department shall inspect supplies delivered and services performed to determine their conformity with the specifications applicable thereto or set forth in the contract and shall report any deficiencies to the City Manager. The City Manager may require chemical and physical tests of supply samples submitted with bids and samples of supply deliveries which are necessary to determine their quality and conformance with specifications.
[History: Formerly § 1.06.130; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.150 Records and Reports
(a) At or before the time of executing a negotiated contract, the Awarding Authority shall make a record of the facts and circumstances justifying a negotiated contract under this ordinance.
(b) Within 30 days of entering into a contract over $75,000 in an emergency, or at its next regularly scheduled meeting, whichever comes firs t, the City Manager shall report to the City Council on the details of the emergency and reasons justifying the actions taken. (c) Within 60 days of completion of any project costing more than $75,000, the City Manager will report to the City Council on all fiscal aspe cts of the project, including original and any supplemental budget appropriations, total cost, the cost of all modifications to the contract, and the cost of all extensions.
(d) Within 60 days of entering into a sole so urce contract over $10,000, the City Manager shall present to the City Council a report explaining the basis for the determination of sole source and describing all other contracts made with that contractor in the three preceding years. (e) The City Manager shall make and maintain a record of all formal and informal bids in compliance with the Town of Colma’s Record Retention Program. [History: Formerly § 1.06.140; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
Division 4: Procedures for Selecting the Contractor for Goods and Services
1.06.160 Competitive Bidding Required
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No contract for goods or services may be made without competitive bidding, as described later in this ordinance, unless an exemption is provided herein. [History: Formerly § 1.06.150; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.170 Open Market Acquisitio ns of Goods or Services (a) The City Manager may acquire consumer good s having a price less than $15,000 in an open market without competitive bidding, including but not limited to:
(1) Purchases of office supplies, books, periodicals, newspapers, trade journals and other publications, including individual purchases and subscription; and (2) Purchases of gasoline, oil, or other auto mobile care products in connection with the immediate use or emergency repair of Town of Colma vehicles. (b) The City Manager may acquire consumer services having a value less than $15,000 in an open market without competitive bidding, including but not limited to:
(1) Utility services, such as telephone, cable television, gas, electric, water, sewer and refuse collection;
(2) Advertisements in newspapers or other publications; (3) Work performed by a utility for the installation and/or relocation of utilities; and (4) Airline tickets, train tickets, hotels and other travel expenses according to the travel policy.
[History: Formerly § 1.06.160; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.180 Negotiated Contracts
The Awarding Authority may negotiate and enter into the following transa ctions, purchases or contracts, without competitive bidding, with any qualified contractor selected at the discretion of the Awarding Authority:
(a) Contracts for goods or services for $75,000 or less; (b) Purchase of used equipment, which in the opinion of the Awarding Authority is satisfactory for the work of the Town of Colma;
(c) Contracts for governmental or proprietary services provided by any government agency;
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(d) Insurance or bond premiums when placed th rough any insurance carrier, plan or Joint Powers Agreement for insurance services, approved by the City Council. (e) Membership in professional organizations or associations; (f) Utility services such as telephone, cable television, gas, electric, water, sewer and refuse collection;
(g) Emergency purchases, equipment or vehicle repair;
(h) Contracts for services to be performed by any city, county or public agency of the State of California;
(i) Contracts for goods sold directly by any city, county or public agency of the State of California or any federal agency to the Town, provided that the purchasing policies of the agency is substantially the same as the policies set forth in this ordinance; (j) Purchases of goods and services by contract arrangement and agreement for cooperative purchasing programs with the state, the county, or any other public or municipal corporation of the state, provided that the agency, if a county, or any other public or municipal corporation of the state, has adop ted purchasing policie s in accordance with California Government Code section 54202, or purchases of goods or services directly from a vendor at a price established by a competitive bid by another public jurisdiction in substantial compliance with sections this subchapter, even if the city had not joined with that public agency in a cooperative purchase;
(k) Contracts with Town employees;
(l) Contracts with instructors for the Town’s recreation programs; (m) Contracts for equipment rentals;
(n) Modifications or extensions of existing contracts; and (o) Contracts where due to special circumstance s the Awarding Authority determines in writing that implementation of the competit ive process is infeasible, impractical or otherwise not in the best intere st of the Town of Colma. Th e authority of this paragraph is non-delegable.
[History: Formerly § 1.06.170; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15).]
1.06.190 Contracts for Goods and Serv ices with Government Agencies, Nonprofits and Others
(a) The Awarding Authority may enter into contracts for goods and services with any federal, state or local agency, any nonprofit agency qualified under Section 501(c)(3) of the
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Internal Revenue Code, or any public educational institution, without competitive bidding, provided that all of the following conditions are met:
(1) The agency is selling the goods or services as part of a job training, work furlough, educational and similar human service programs that make goods and services available at a competitive cost while also furthering the public welfare; (2) The agency agrees to direct supervision of the workers or employees providing any service under the contract;
(3) The agency agrees to provide workers’ compensation insurance for the workers or employees;
(4) The agency agrees to indemnify, protect, defend and hold the Town of Colma harmless against any and all claims alleged to be caused or caused by any act or omission of the agency’s worker or employee, in a form satisfactory to the City Manager and City Attorney.
(b) This section is intended to provide an expedient method for Town of Colma participation in such programs and is not intended to limit the exemptions for services provided elsewhere in this ordinance.
[History: Formerly § 1.06.180; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.200 Contracts for Profession al or Technical Services (a) Notwithstanding any other provision of this ordinance, the Awarding Authority may negotiate and enter into a professional services contract with any professional service provider meeting the prescribed qualifircations, without competitive bidding. (b) The Awarding Authority’s selection of a professional serv ices provider shall be based on demonstrated competence, the professional qu alifications necessary for the satisfactory performance of the required services, and fair and reasonable prices to the Town of Colma. (c) The Awarding Authority shall establish the professional co mpetence and qualifications necessary to be possessed by a professional services provider in order to be awarded a proposed professional services contract. Criteria for determining the competence and qualifications of the provider shall include, but shall not be limited to, the following:
(1) Ability, capacity and skills necessary to perform service; (2) Ability to meet time requirements imposed by project; (3) Character, integrity and reputation through a reference check; (4) Previous experience with the vendor; and
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(5) Sufficiency of financial resources needed to perform the services. (d) The City Manager may develop and maintain a procedure whereby professional services providers may periodically submit statements of qualifications and performance data for preapproval by the City Manager or City Council.
[History: Formerly § 1.06.190; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15).]
1.06.210 Sole Source Procurement
When requirements are so critical or call for such specialized expe rtise that only one source is capable of satisfying those requirements, the Awarding Authority is empowered to waive the competitive procurement procedures. Sole source means that only one vendor possesses the unique and singularly available capability to meet the requirement of the solicitation, such as technical qualifications, matching to currently owned equipment or supplies or the ability to deliver at a particular time. Purchasing from a sole so urce shall be permitted af ter written justification from the requesting department explaining why a sole source has been sp ecified, and a factual finding by the person or body authorizing the purchase that it is in the best interest of the Town of Colma to purchase without competitive purchasing.
[History: Formerly § 1.06.200; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
Division 5: Competitive Bidding for Goods or Services
1.06.220 Invitations for Bids and Requests for Proposals or Qualifications (a) Whenever competitive bidding is required or ch osen for a contract for goods or services, the Awarding Authority may invite bids, request proposals, or request statements of qualifications in accordance with the procedures set forth in this division. (b) The Awarding Authority shall obtain three or more bids or proposals by soliciting bids or proposals by publication in a newspaper, from qualified persons whose names appear on lists of persons maintained by the Town of Colma or known to the Town, or from persons whose names are obtained from trade journals or newspaper ad s, or by relying on unexpired bids or price quotations from persons who had previously submitted bids or price quotations to the Town. (c) The City Manager may, but is not required to , request sealed, written bids or proposals.
The notice inviting informal bids and the bids shall be in writing. Bids may be transmittable to the Town of Colma by facsimile, mail, courier, el ectronic mail (e-mail), or any other means of delivery. A qualified person is a person capabl e of delivering the goods or services meeting the Town’s specifications and requirements within the time specified by the contract.
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(d) During the process of soliciting price quotations, a bidder's price quotations shall be kept confidential except for internal use by Town of Colma personnel for purposes of the pending contract.
(e) When soliciting bids or proposals, the awarding authority shall (1) describe in general terms the goods or services; (2) advise potential bidders how to obtain additional information about the goods or scope of work; (3) state the date, time and place for the submission of bids; (4) state whether the selection of the successful bidder will be based on price alone or whether the factors set forth in the next paragraph wi ll be considered; (5) include a description of additional items such as insurance, bonding, and warranties to be included in the price; (6) include any other information required by law.
(f) If the request states that the contractor’s competence, experience, qualifications, reliability, experience, availability, or expertise is a component in meeting the needs of the Town of Colma, then the Awarding Authority need not necessarily purchase from the bidder proposing the lowest price but may select a contractor th at best meets the Town’s requirements. Factors which can be considered in determining the most advantageous bid include, but are not limited to:
(1) Compliance with the bid sp ecifications, including any provision governing nondiscrimination in employment;
(2) Price;
(3) The cost of consumable operating supplies, replacement parts, maintenance or other necessary costs. Current costs are to be used in this determination; (4) Ability of the bidder to complete th e transaction in accordance with the specifications or criteria set forth in the request for proposals or invitation for bids, such as manufacturing, performance or delivery capability, experience, and the location of bidders' manufacturing, storage or maintenance facilities. (g) After receipt of a Proposal or Statement of Qualifications, the Awarding Authority may discuss with one or more firms or individuals th e alternative methods for providing the required professional services and may conduct further negotiations with one or more of the most qualified firms or individuals to fully clarify each firm’s offer to provide services. (h) If no bids or proposals are received in response to a solicitation, the City Manager may negotiate a contract with any qualified individual or firm. (i) If a contract that was let pursuant to the provisions of this chapter is thereafter terminated because of breach by the service provider, the Town of Colma may complete the project by negotiated contract with any qualified individual or firm. [History: Formerly § 1.06.220; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
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1.06.230 Preferences for Local Busi nesses on Certain Purchases (a) Subject to the limitations contained in this sect ion, in the evaluation of bids or proposals for the award of all contracts for the purchase or lease of supplies, materials, equipment or other personal property there shall, upon written application noted on the space provided on city bid or proposal documents, be extended a 1% price preference for a local business, as defined in this section.
(b) As used in this section, lo cal business means a business firm with fixed offices or locally taxable distribution points within the bound aries of the Town of Colma which holds a current and valid Town of Colma business license with a Colma business street address. (c) The following contracts are exempt from the provisions of this section:
(1) Contracts to the extent to which application of the provisions of this section would be prohibited by state or fede ral law or regulation or would result in what the awarding authority finds to be an unacceptable loss of government revenue or funding; (2) Contracts funded in whole or in part from donations and gifts to the city to the extent the provisions would co nflict with any special conditions attached to the gifts or donations, provided the gift and the special conditions have been approved and accepted pursuant to the donations policy of the city;
(3) Contracts resulting from exigent emergency requisit ions where any delay in completion or performance of the contract would jeopardize the public health, safety or welfare of the citizens of the city, or where in the judgment of the City Manager the operational effectiveness of a significant city function would be seriously threatened if the contract were not entered into expeditiously; and
(4) Contracts with any single or sole sour ce supplier of any supplies, material, equipment or other personal property.
(d) If the City Manager or his or her designee determines that a contractor or bidder has made an intentional misstatement to obtain a price preference under this section, the contractor or bidder shall be subject to any remedy availa ble to the city at law or equity, including but not limited to both of the following:
(1) A finding of intentional misstatement or non-compliance shall be regarded by the awarding authority as a basis for determining whether or not the bidder or contractor is a responsible bidder for the present and future contracts. Any disqualification imposed as a result of this determination shall last for a period of one year. (2) An intentional misstatement made to obtain a price preference under this section shall subject the recipient of any such price preference to a civil penalty of treble the dollar price preference received, or $1,000.00, whichever is greater. [History: Formerly § 1.06.230; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489
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(5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.240 Bid Deposit or Bond for Pu rchase of Goods or Services The City Manager may require that a bid for any purchase or lease of supplies, materials, equipment or other personal property be accompanied by either cash, a certificate of deposit or certified check or draft, or a cashier's check or draft of or on some responsible bank in the United States, in favor of and payable at sight to the city, in an amount not less than five percent of the aggregate amount of the bid.
[
History: Adopted by Ord 734 (7/18/14)]
1.06.250 Inspection of Supplies and Equipment
The City Manager shall inspect goods delivered and contractual services performed to determine their conformance with the specifications set fort h in the order or contract. The City Manager shall have authority to require chemical and phys ical tests of samples submitted with bids and samples of deliveries which ar e necessary to determine their quality and conformance with specifications.
[History: Formerly § 1.06.330; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
Division 6: Public Works Projects
1.06.260 Scope
This division shall apply to all public projects, as defined by the California Public Contract Act in sections 20161 and 22002.
[History: Formerly part of § 1.06.210; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15).]
[References: Publ. Cont. Code §§ 22002, 22003, and 22030]
1.06.270 Competitive Bidding; Se lecting the Contractor (a) This section and section 1.06.280 shall apply to all public projects, as defined by section 22002 of the Public Contract Act. “Public proj ect” means the construc tion, reconstruction, erection, alteration, renovation, improvement, de molition, painting, repain ting or repair work involving any publicly ow ned, leased, or operated facility. “Facility" means any plant, building, structure, ground facility, real property, streets and highways, or other public work improvement. "Public project" does not include maintenance work.
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(b) Public projects of sixty thousand dollars ($60,000)seventy five thousand ($75,000) or less may be performed by the employees of a public agency under force account procedures, by negotiated contract, or by purchase order.
(c) Public projects of two hundred thousand dollars ($200,000) two hundred twenty thousand dollars (220,000) or less may be let to contract by informal bid procedures as set forth in the Uniform Act and section 1.06.280 of this Code.
(d) Public projects in excess of two hundred thousand dollars ($200,000)two hundred twenty thousand dollars ($220,000) shall be let to contract by formal bid procedure as set forth in the Uniform Act and section 1.06.290 of this Code.
(e) If all bids received are in excess of two hundred thousand dollars ($200,000)two hundred twenty thousand dollars (220,000), the City Council may by passage of a resolution by four-fifths vote, award the contract, at two hundred twelve thousand five hundred dollars ($212,500) two hundred thirty five thousand ($235,000) or less, to the lowest responsible bidder, if it determines the Town’s cost estimate was reasonable.
(f) The City Council shall approve plans, specifications and working details for all public works projects exceeding two hundred thousand dollars ($2 00,000)one million dollars ($1,000,000) .
Plans, specifications and working details for all pu blic works projects of two hundred thousand dollars ($200,000)one million dollars (1,000,000) or less may be approved by the Public Works Director or his or her designee.
(g) Competitive bidding shall not apply where, after rejecting bids, the City Council has passed a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the materials or supplies can be furnished at a lower price in the open market.
[History: Formerly part of § 1.06.210; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15);Ord. 796, (10/9/19).]
[Reference: CAL. GOV’T CODE §§ 22032 et seq.; Cal. Pub. Cont. Code § 22002]
1.06.280 Informal Bids for Public Projects
(a) The purpose of this section is to implement the election set forth in Colma City Council Resolution 99-03 to be subject to the Uniform Construction Cost Accounting Act, (hereinafter, the “Uniform Act”) and to implement the informal bidding procedures set forth in section 22032, et seq., of the Public Contract Code for contracts described in section 1.06.270(b). (b) This section shall be used for all contracts for public projects subject to informal bid procedures under section 1.06.270(c) and may be used when contracting for “maintenance work” or when contracting for any other work which does not fall within the definition of “public project,” as defined in Section 1.06.270. In the event of a conflict between this section and section
1.06.290, this section shall apply.
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(c) The City Engineer shall maintain a list of qu alified contractors iden tified according to category of work. The list shall satisfy the minimum criteria determ ined by the Uniform Construction Cost Accounting Commission for the development and maintenance of the contractors list.
(d) Where a public project to be performed is subject to the provisions of this ordinance, the City Engineer shall mail a notice inviting informal bids not less than 10 calendar days before bids are due to all contractors for the category of work to be bid, as shown on the list developed in accordance with the preceding paragraph and to al l construction trade journals specified by the California Uniform Construction Cost Accounting Commission for San Mateo County. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids; provided however that (1) if there is no list of qualified contractors maintained by the Town for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission; and (2) if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
(e) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for submission of bids. (f) Competitive bidding shall be based on specifications approved by the Awarding Authority.
The original specifications shall be filed in the office of the City Clerk and copies thereof shall be on file in that office and the office of the City Manager for public inspection. The notice inviting bids to purchase shall be advertised upon the authority of the City Manager and such advertising shall be published one time in a newspaper of general circulation in San Mateo County, and in addition, invitations to bid shall be mailed to prospective vendors at the discretion of the City Manager. The bids submitted shall be received and publicly opened by the city clerk at the time designated.
(g) The open bids shall be available for public inspection from the time opened until the award has been made by the awarding authority. The City Manager shall tabulate all bids received. (h) If in the opinion of the awarding authority none of the bids is satisfactory, then the awarding authority may, in its so le and absolute discretion, reject all of the bids, provided that prior to rejecting all bids and declaring that a project can be more economically performed by employees of the Town, the Town shall furnish a written notice to an apparent low bidder. The notice shall inform the bidder of the Town’s intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the City Council intends to reject the bid.
Thereafter, the awarding authority may invite new bids using new or different specifications. [History: Formerly parts of §§ 1.06.210 and -220; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15).]
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1.0.290 Formal Bids fo r Public Projects
(a) This section shall apply to all public projects, as defined by section 20161 of the Public Contract Act. “Public project” means (1) a project for the erection, improvement, painting, or repair of public buildings and works; (2) work in or about streams, bays, etc.; (3) street or sewer work, except maintenance or repair; and (4) furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. (b) Except as otherwise provided in this chapter or where the Awarding Authority determines that competitive bidding is infeasible or impractical, when a contract has the value specified in section 1.06.270(d), the City Council shall award a contract in accordance with the formal competitive bidding process described in this section. (c) The notice inviting bids shall include a general description of the goods to be purchased and bond requirements, if any, and shall st ate where bid blanks and specifications may be secured and the time and place for opening bids. It shall incorporate by reference all other bid documents.
(d) Notice inviting bids shall be given as follows:
(1) The notice shall be published in a news paper designated pursuant to section
1.08.050 of the Colma Municipal Code at le ast once not less than 14 days before the date of opening of the bids.
(2) The notice shall also be mailed by firs t class mail or facsimile to responsible prospective suppliers known to the Town of Colma or who have requested their names be considered. The notices shall be mailed or sent not less than 14 days before the date of opening of the bids.
(3) The notice shall also be sent electronica lly, if available, by either facsimile or electronic mail and mailed to all construc tion trade journals specified by the Uniform Construction Cost Accounting Commission for San Mateo County. The notice shall be sent at least 15 calendar days before the date of opening the bids. (4) The Town may give such other notice as it deems proper. (e) When deemed necessary by the City Manager, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security provided that a successful bidder sh all forfeit his bid security upon refusal or failure to execute the contract within 15 days after the notice of award of contract has been mailed, unless the Town of Colma is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest bidder; the amount of the lowest bidder's security may be applied by the Town of Colma to the difference between the low bid and the second lo west bid, and the surplus, if any, shall be returned to the lowest bidder.
(f) Sealed bids shall be submitted to the address identified in the notice inviting bids and shall be identified as bids on the envelope.
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(g) Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open to public inspection during regular business hours for a reasonable period of time. No bidder may withdraw his bid for a period of at least 90 days after the date set for the opening thereof. Bids received after the time set for the opening of bids shall be returned unopened to the bidder. (h) In its sole discretion, the City Council may reject any and all bids presented and readvertise for bids or exclude any item or items from the award of bid or waive any informalities in a bid, provided that prior to rejecting all bids and declaring that a project can be more economically performed by employees of the Town, the Town shall furnish a written notice to an apparent low bidder. The notice shall inform the bidder of the Town’s intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the City Council intends to reject the bid.
(i) Contracts shall be awarded by the City Council to the lowest responsive, responsible bidder except as otherwise provided in this chapter.
(j) If two or more bids are received for the same total amount or unit price, quality and service being equal, the City Council may acce pt the one it chooses or accept the lowest bid made by negotiations with the bidders after the bid opening. (k) The City Council may require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interest of the Town of Colma. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
(l) If no bids are received in response to an invitation for competitive bids, a contract may be negotiated with any qualified person.
(m) If the apparent successful bidder fails to meet deadlines for submitting documents required by the notice inviting bids or instructions to bidders, the City Council may award a contract to the next lowest bidder meeting all requirements. (n) If a contract let pursuant to the provisions of this chapter is terminated because of breach by the contractor, the City Council may comple te the project by negotiated contract with any qualified individual or firm.
[History: Formerly § 1.06.220; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737 (1/14/15).]
1.06.300 Withdrawal or Corr ection of Formal Bid
(a) Prior to bid opening date and time, bids submitted may be withdrawn by written or telegraphic request received by the Town of Colma before the hour set for opening. After such hour it may not be withdrawn.
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(b) After bid opening date and time, any bidder who seeks to withdraw or modify a bid because of inadvertent computational error sh all notify the Town of Colma department responsible for the bid no later than three working days following the bid opening. The bidder shall provide worksheets and othe r such information as may be appropriate or required by the department to substantiate the claim of inadvertent error. Failure to do so may bar such relief and allow recourse from the bid surety if applicable. The burden shall be upon the bidder to prove such error.
[History: Formerly § 1.0.260; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.310 Procedures fo r Bid Protests
(a) Protests by unsuccessful proposers or bidder s shall be submitted to the Town of Colma department where bids or proposals were submitted and to the protested bidder setting forth in detail the grounds for such protest.
(b) Protests shall be submitted to the Town of Colma and the protested bidder no later than 10 calendar days after the date of the announcement of selection. (c) All protests shall be in writing and must include the following information:
(1) The name, address and telephone number of the protestor; (2) The signature of the protestor or protestor’s representative; (3) The solicitation, bid or contract number;
(4) A detailed statement of all legal and factual grounds for the protest; (5) All documentation supporting the protestor’s grounds for the protest; (6) The form of relief requested and the legal basis for such relief. (d) If a valid protest is timely filed the Town of Colma shall investigate or cause to be investigated the bid protest.
(e) The protested bidder shall have 5 calendar days to respond to the protesting bidder and to the Town of Colma and to provide any information requested by the Town of Colma. (f) The City Manager shall make a recommendation to the City Council regarding the bid protest.
[History: Formerly § 1.06.270; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
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1.06.320 Non-collusion
(a) Any employee of the Town of Colma shall be deemed guilty of malfeasance and shall be disciplined in accordance with Town of Colma personnel rules and regulations for engaging in any of the following activities:
(1) Aiding or assisting a bidder in securing a contract to furnish supplies, materials, equipment or contractual services at a higher price than that proposed by any other bidder;
(2) Favoring one bidder over another by giving or withholding information; (3) Willfully misleading any bidder in regard to any matter relevant to the competitive bidding process or the character of the materials or supplies called for by the contract;
(4) Knowingly accepting commodities of a quality inferior to those called for by the contract contrary to the best interest of the Town of Colma; (5) Knowingly certifying to a greater amount of service or work performed than has actually been performed;
(6) Knowingly certifying to the receipt of an amount or different kind of materials, supplies or equipment than have actually been received. (b) All formal bids shall require an affidavit from the bidder that the bid or proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and non-collusive or sham; that the proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. [History: Formerly § 1.06.280; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.330 Award of Bid
For all public works projects which require an invitation for bids under the Public Contracts Code, the Awarding Authority shall award the bid to the lowest, responsible, responsive bidder.
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[History: Formerly § 1.06.290; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.340 Bid Deposit or Bond
(a) A bid for all projects for construction or impr ovement of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be accompanied by either cash, a certificate of deposit or certified check or draft, or a cashier's check or draft of or on some responsible bank in the United States, in favor of and payable at sight to the city, in an amount not less than five percent of the aggregate amount of the bid, except where the project is undertaken by force account.
(b) Where such bid security is required, if the bidder to whom the contract is awarded shall, for fifteen days after posting of such bid security fail or neglect to enter into the contract and file the required security, the director of finance shall draw the money due on such certificate of deposit or check or draft and pay the same or any cash deposited into the city treasury, and under no circumstances shall it be returned to the defaulting bidder. (c) In lieu of the foregoing, any bid for which bid security is required under this section may be accompanied by a surety bond in said amount furnished by a surety authorized to do a surety business in the state of California, guaranteeing that said bidder will enter into the contract and file the required bonds within said period.
(d) With the approval of the City Manager, prospective bidders may file annual or continuous surety bonds covering all bids to be made during the period that the surety bond is in effect. (e) When in the opinion of the City Manager, bid deposits or bonds cannot be obtained on a particular item; the requirements of this section shall not apply. (f) All deposits shall be returned after execution of the contract by the successful bidder and deposit of any necessary performance, labor and materialman's bonds. [History: Formerly § 1.06.300; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.350 Substitution of Subcontractors
The City Council hereby delegates to the City Manager the authority to approve the substitution of subcontractors for any contract awarded by the City Council. [History: Formerly § 1.06.310; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
[
Reference: Public Contract Law § 4107]
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1.06.360 Control Procedures
The details of procedure and forms to be followed in the issuance of requisitions, in the discharge of the duties placed upon the City Manager, in the purchase of items, and in the disposition of personal property, shall be prescribed by the Ci ty Manager, subject to the provisions of this chapter. The type of written documents to be used to bind the city in making any purchase or lease shall be in conformance wit h control procedures established by the City Manager and City Attorney.
[History: Formerly § 1.06.320; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.370 Use of Brand Name in Specificatio n; Offers of “Or Equals”; Testing (a) Any reference to a specific Bran d Name in specifications is i llustrative only. A reference to a Brand Name describes a component best meeting the specific operational, design, performance, maintenance, quality, and reliability requirements of the Town of Colma. (b) A bidder may offer an equivalent (“or equal”) in response to a Brand Name reference.
When an “or equal” is offered, the Town of Colma may test and evaluate the product prior to award of the contract.
(c) At bidder’s expense, bidder bears sole respon sibility for providing an y information, test data, or document required by the Town of Colma to fully evaluate the acceptability of the “or equal”. At bidder’s expense, this full evaluation may require independent testing, including destructive testing, at qualified test facilities. (d) The Town of Colma reserves the right to reject a bid containing any “or equal” offered. [History: Formerly § 1.06.340; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
1.06.380 Supplemental Regulations
The City Manager may issue written supplemental regulations and procedures for the making and administration of contracts. Such supplemental regulations shall be approved by the City Attorney and shall not be inconsistent with the provisions of this chapter. [History: Formerly § 1.06.350; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]
Ord. No. ___- CMC Section 1.06.270 Page 1 of 3
ORDINANCE NO.
OF THE CITY COUNCIL OF THE TOWN OF COLMA
ORDINANCE AMENDING SECTION 1.06.270 OF THE COLMA MUNICIPAL CODE RELATING TO (1) INCREASING THE FINANCIAL THRESHOLDS FOR
NEGOTIATED, INFORMAL, AND FORMAL BIDS CONSISTENT WITH THE CALIFORNIA UNFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT; AND (2) MODIFYING THE THRESHOLD FOR APPROVAL OF PLANS,
SPECIFICATIONS AND WORKING DETAILS FOR ALL PUBLIC WORKS PROJECTS, PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does ordain as follows:
ARTICLE 1. CMC SUBCHAPTER 1.06 AMENDED
Section 1.06.270 is hereby amended to read as follows:
1.06.270 Competitive Bidding; Selecting the Contractor
(a) This section and section 1.06.280 shall apply to all public projects, as defined by section 22002 of the Public Contract Act. “Public project” means the construction, reconstruction, erection, alteration, renovation, improvement, demolition, painting, repainting or repair work involving any publicly owned, leased, or operated facility. “Facility" means any plant, building, structure, ground facility, real property, streets and highways, or other public work improvement. "Public project" does not include maintenance work.
(b) Public projects of seventy-five thousand dollars ($75,000) or less may be performed by the employees of a public agency under force account procedures, by negotiated contract, or by purchase order..
(c) Public projects of two hundred twenty thousand dollars ($220,000) or less may be let to contract by informal bid procedures as set forth in the Uniform Act and section
1.06.280 of this Code.
(d) Public projects in excess of two hundred twenty thousand dollars ($220,000) shall be let to contract by formal bid procedure as set forth in the Uniform Act and section
1.06.290 of this Code.
(e) If all informal bids received are in excess of two hundred twenty thousand dollars ($220,000), the City Council may by passage of a resolution by four-fifths vote, award the contract, at two hundred thirty-five thousand dollars ($235,000) or less, to the lowest responsible bidder, if it determines the Town’s cost estimate was reasonable.
Ord. No. ___- CMC Section 1.06.270 Page 2 of 3
(f) The City Council shall approve plans, specifications and working details for all public works projects exceeding one million dollars ($1,000,000). Plans, specifications and working details for all public works projects of one million dollars ($1,000,000) or less may be approved by the City Manager or their designee.
(g) Competitive bidding shall not apply where, after rejecting bids, the City Council has passed a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the materials or supplies can be furnished at a lower price in the open market.
[History: Formerly part of § 1.06.210; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15);Ord. 796, (10/9/19); Ord. 830 (10/14/26)] [Reference: CAL. GOV’T CODE §§ 22032 et seq.; Cal. Pub. Cont. Code § 22002]
ARTICLE 2. EFFECTIVE DATE.
This ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.
ARTICLE 3. SEVERABILITY.
If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to be severable.
ARTICLE 4. NOT A CEQA PROJECT.
The City Council’s introduction and adoption of any ordinance is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA). This action does not meet the definition of a “project” under CEQA pursuant to CEQA Guideline 15378 because it is an organizational or administrative activity of government that will not result in any direct or indirect physical changes in the environment.
Certification of Adoption
I certify that the foregoing Ordinance No. 2026-830 was duly introduced at a regular meeting of the City Council of the Town of Colma held on September 23, 2026 , and adopted at a regular meeting of the City Council of the Town of Colma held on October 14 2026, by the following vote:
Name Voting Present, Not Voting Absent
Ord. No. ___- CMC Section 1.06.270 Page 3 of 3
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Ken Gonzalez
Thomas Walsh
Helen Fisicaro
Joanne F. del Rosario
Voting Tally
Dated: ____________________ _____________________________________ Carrie Slaughter , Mayor
Attest: ______________________________
Michelle Estabillo, City Clerk
AGENDA ITEM 6.
STAFF REPORT
TO: Mayor and Members of City Council
FROM: Brad Donohue, Director of Planning and Public Works Abdulkader Hashem, Principal Project Manager
VIA: Daniel Barros, City Manager
MEETING DATE: Wednesday, October 14, 2026
SUBJECT: Submittal of the Cycle 8 Pedestan and Bicycle Program Funding Applications for the Serramonte Boulevard West Bicycle and Pedestrian Improvement Project - Phase I Construction
RECOMMENDATION
The City Council should adopt the following:
RESOLUTION SUPPORTING THE SERRAMONTE BOULEVARD WEST BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT - PHASE I CONSTRUCTION; AUTHORIZING
SUBMITTAL OF AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 8 PEDESTRIAN AND BICYCLE PROGRAM FUNDING; AND FINDING
THAT THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINE SECTION 15301
COUNCIL ADOPTED VALUES
Phase I of the Serramonte Boulevard West Bicycle and Pedestrian Improvement Project advances the Council-adopted value of being visionary by creating safer, more attractive, and more sustainable travel options for people who walk, bicycle, or use public transportation along Serramonte Boulevard West.
BACKGROUND
Completed in January 2020, the Serramonte Boulevard and Collins Avenue Master Plan identifies corridor improvements designed to improve mobility and safety for people walking, bicycling, driving, and accessing nearby businesses. Recommended improvements include safer crossings and access points, stormwater-treatment facilities, LED streetlights, pedestrian lighting, and other green infrastructure. Collectively, these investments are intended to support economic growth and long-term stability in the Serramonte Boulevard/Collins Avenue Business District. Because of the project’s scale, the Master Plan divides implementation into design and construction phases, allowing the Town to pursue funding as opportunities become available.
AGENDA ITEM 6.
In September 2022, the Town applied for funding to design and construction for Phase I of the Serramonte Boulevard West Bicycle and Pedestrian Improvement Project, extending from El Camino Real to Junipero Serra Boulevard. SMCTA awarded the Town $1,831,500 in Measure W funding, consisting of $1,399,500 for construction and $432,000 for design. Together with a $203,500 local contribution, the total project budget under the original scope is $2,035,000.
The 100% design, including plans, specifications, and estimates, is complete; however, construction remains on hold pending acquisition of right-of-way needed for new traffic-signal equipment.
ANALYSIS
On August 31, 2026, the San Mateo County Transportation Authority (SMCTA) issued a Call for Projects for the Cycle 8 Pedestrian and Bicycle Program. The program provides funding for projects that improve access and safety for people walking and bicycling throughout San Mateo County.
Projects funded through this call must advance the following program goals:
• Reduce congestion by safely connecting communities and neighborhoods with schools, transit, and employment destinations.
• Close gaps and address barriers in the bicycle and pedestrian network, including major roads, rail corridors, and highways.
• Improve existing facilities so they are safer and more accessible for people walking and bicycling.
• Make walking and bicycling safer and more convenient for people of all ages and abilities.
The SMCTA Strategic Plan 2025–2029 continues the combined Measure A and Measure W Pedestrian and Bicycle Program in alignment with Measure A goals and Measure W core principles. Funding in each call-for-projects cycle is allocated among three categories: 90% for Competitive Plans and Capital Projects, 5% for Education and Encouragement Projects, and 5% for Safe Routes to School.
Approximately $24.7 million in Measure A and Measure W funds may be available for projects that score highest under the program’s evaluation criteria. The anticipated distribution is summarized below.
• Competitive Plans and Capital Projects (maximum request: $2 million for preconstruction and $3.5 million for construction)
o Mid/Large Jurisdictions: $15.6 million
o Small/Coastal Jurisdictions: $6.6 million
• Education and Encouragement Projects (maximum request: $250,000) o $1,235,193
• Safe Routes to School (administered by SMCOE)
o $1,235,193
AGENDA ITEM 6.
The Town proposes submitting an application for $925,000 under the Competitive Plans and Capital Projects category for small jurisdictions. This funding will supplement the Serramonte West Boulevard Bicycle and Pedestrian Improvement Project- Phase I Construction by allocating $350,000 toward the cost increase of the original project scope and $575,000 for new scope elements. These added elements include reconfiguring the Serramonte Boulevard– Collins Avenue intersection and acquiring right-of-way (ROW) for the new traffic-signal equipment at the Serra Center intersection.
FISCAL IMPACT
In 2023, the Town received $2,035,000 in Measure W funding, including 10% local match from the Town of Colma, through the San Mateo County Transportation Authority (SMCTA) Cycle 6 Bicycle and Pedestrian Program for design and construction of the Serramonte Boulevard Bicycle and Pedestrian Improvement Project (Phase I). Of that amount, $1,555,000 is allocated to Phase I construction.
Based on the completed design (plans, specifications, and estimates), the estimated total cost for Phase I under the original scope; including construction, construction support, and construction management is approximately $2,255,000. To address the funding shortfall of $700,000 caused by increased construction management costs, the Town is seeking $350,000 in additional grant funding and proposing a matching local contribution of $350,000, representing 50% of the cost increase. The proposed funding plan is as follows:
• Cycle 6 Bicycle and Pedestrian Program allocation (Construction): $1,555,000 • Cycle 8 Bicycle and Pedestrian Program funding request (50% of construction cost increase): $ 350,000
• CIP reserves (50% cost-share additional funds): $ 350,000 Total: $2,400,000
The proposed added scope (reconfiguration of the Serramonte Boulevard–Collins Avenue intersection and acquisition of required right-of-way) is estimated to cost approximately $500,000, as follows:
• Serramonte Boulevard–Collins Avenue intersection construction: $292,000 • Right-Of-Way acquisition: $283,000
• Total additional budget: $575,000
If Cycle 8 funding is awarded, the proposed funding plan for the new scope will be as follows:
• Cycle 8 Bicycle and Pedestrian Grant Program funding request: $517,500 • CIP reserves (local match 10%): $ 57,500
• Total additional budget: $575,000
AGENDA ITEM 6.
The total construction cost, including the new scope elements, is as follows:
• Construction Cost under the original scope $2,255,000 • Construction cost for the new scope elements: $ 575,000 • Total Construction Cost: $2,830,000
ENVIRONMENTAL
The City Council’s adoption of the resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1(c), Existing Facilities. This categorical exemption applies to existing highways, streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities, including public-safety improvements that do not add automobile lanes.
ALTERNATIVES
The City Council may choose not to adopt the resolution. Staff does not recommend this alternative because the proposed improvements are needed to enhance pedestrian and bicycle safety on Serramonte Boulevard West, and the Cycle 8 Pedestrian and Bicycle Program provides an important opportunity to secure additional SMCTA funding.
CONCLUSION
Staff recommends that the City Council adopt the attached resolution and authorize submittal of the Cycle 8 Pedestrian and Bicycle Program funding application.
ATTACHMENTS
A. Resolution
Reso 2026-__, Boulevard West Bicycle and Pedestrian Improvement Project (Phase I)
0RESOLUTION NO. 2026-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
A RESOLUTION SUPPORTING THE SERRAMONTE BOULEVARD WEST BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT (PHASE I) CONSTRUCTION; AUTHORIZING
SUBMITTAL OF AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 8 PEDESTRIAN AND BICYCLE PROGRAM FUNDING; AND
FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15301.
The City Council of the Town of Colma does resolve as follows:
1. Background
(a) In January 2020, the Serramonte Boulevard and Collins Avenue Master Plan identified corridor improvements intended to increase mobility and safety for people walking, bicycling, driving, and accessing nearby businesses.
(b) The Town has developed Serramonte Boulevard West Bicycle and Pedestrian Improvement Project – Phase I (Project) to improve safety and mobility for Pedestrian and Bicyclists to travel along Serramonte Boulevard. The proposed improvements to Serramonte Boulevard West will be implemented in two phases. (c) In 2023, the Town was awarded $2,035,000 in Measure W funding, including 10% local match from the Town of Colma, through the San Mateo County Transportation Authority (SMCTA) Cycle 6 Bicycle and Pedestrian Program for the design and construction of the Serramonte Boulevard Bicycle and Pedestrian Improvement Project (Phase I). Of this amount, $1,550,000 is allocated for Phase I construction. (d) Phase I includes the design (plans, specifications, and estimates) and construction of pedestrian and bicycle improvements on Serramonte Boulevard West between Junipero Serra Boulevard and El Camino Real. The project involves reconfiguring the existing four- lane roadway into a single travel lane in each direction with a center turn lane, creating space for separated Class IV bicycle lanes. Additionally, the project enhances safety by installing two high-visibility midblock crossings with rectangular rapid-flashing beacons (RRFBs) and pedestrian islands, interim vertical protective barriers, and a new traffic signal at the Serra Center entrance.
(e) New scope elements have been added to the project to construct the Serramonte Boulevard–Collins Avenue intersection reconfiguration and to acquire the Right-Of-Way (ROW) for traffic signal equipment at the Serra Center intersection (Target property). (f) It will cost a total of $2,255,000 for the Construction, Construction Support, and Construction Management of Serramonte Boulevard West Bicycle and Pedestrian Improvement Project (Phase I), in addition to $292,000 for the construction of Serramonte Boulevard–Collins Avenue intersection reconfiguration, and $283,000 for ROW acquisition, bringing the total estimated project cost at $2,830,000.
Reso 2026-__, Serramonte Boulevard West Bicycle and Pedestrian Improvement Project (Phase I)
(g) The Town is seeking $925,000 in funding for the Project, including $350,000 supplemental funding to cover 50% of the construction cost increase, and $575,000 for the new project elements including construction of the Serramonte Boulevard–Collins Avenue intersection reconfiguration and ROW acquisition.
(h) the SMCTA issued a Call for Projects for the Cycle 8 Measures A and W Pedestrian and Bicycle Program on August 31, 2026
(i) a Primary Grant Agreement has been executed between the Sponsor and the SMCTA on April 15, 2025.
(j) The SMCTA requires the Sponsor’s governing body to adopt a resolution:
(i) Supporting the Project and application for $925,000 in SMCTA Measures A and W Pedestrian and Bicycle Program funds for Project, and
(ii) Committing the Sponsor to the completion of the Project, including the commitment of matching funds in the amount of $350,000 needed for implementation, and $57,500 local match for the ROW acquisition, if the requested SMCTA funds are awarded, and
(iii) Certifying that any funds awarded by the SMCTA will be used to supplement existing funds for program activities, and will not replace existing funds or resources, and
(iv) If funds are awarded, authorizing the Sponsor's City Manager, or designee, to sign a project supplement with the SMCTA for SMCTA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this resolution and execute applicable amendments.
2. Approval and Authorization
Now, therefore, be it resolved by the governing board of Town of Colma that the Town:
(k) Directs staff to submit an application to the San Mateo County Transportation Authority for Measures A and W Pedestrian and Bicycle Program funds for $925,000 for the Construction of Serramonte Boulevard West Bicycle and Pedestrian Improvement Project (Phase I), including $350,000 supplemental funding to cover 50% of the construction cost increase, and $575,000 for the new project elements including construction of the Serramonte Boulevard–Collins Avenue intersection reconfiguration and ROW acquisition; (l) Authorizes the City Manager, or his/her designee, to execute a project supplement with the San Mateo County Transportation Authority to encumber SMCTA Measures A and W Pedestrian and Bicycle Program funds;
(m) Commits to completing the Project, including contributing $407,500 of matching funds needed for Project implementation, including $350,000 to match 50% of the additional
Reso 2026-__, Serramonte Boulevard West Bicycle and Pedestrian Improvement Project (Phase I)
cost request, and $57,500 local match for the ROW acquisition, if the requested SMCTA funds are awarded;
(n) Certifies that any funds awarded by the SMCTA will be used to supplement existing funds for the Project, and will not replace existing funds or resources; (o) Authorizes the City Manager or designee to take any other actions necessary to give effect to this resolution and execute applicable amendments.
Certification of Adoption
I certify that the foregoing Resolution 2026-__ was duly adopted at a regular meeting of said City Council held on October 14, 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
Attest: ____________________________
Michelle Estabillo, City Clerk
AGENDA ITEM 7.
STAFF REPORT
TO: Mayor and Members of City Council
FROM: Brad Donohue, Director of Planning and Public Works Abdulkader Hashem, Principal Project Manager
VIA: Daniel Barros, City Manager
MEETING DATE: Wednesday, October 14, 2026
SUBJECT: Town of Colma FY 2027-28 Rideshare Voucher Program, Cycle 4 Transportation Demand Management Program
RECOMMENDATION
Staff recommends that the City Council adopt the following resolutions:
RESOLUTION SUPPORTING THE TOWN OF COLMA FY 2027-28 RIDESHARE VOUCHER PROGRAM AND SUBMITTING AN APPLICATION TO THE CYCLE 4 SAN MATEO COUNTY
TRANSPORTATION AUTHORITY FOR MEASURE A ALTERNATIVE CONGESTION RELIEF AND
MEASURE W TRANSPORTATION DEMAND MANAGEMENT PROGRAM FUNDING PURSUANT TO CEQA GUIDELINE 15061; AND
RESOLUTION ALLOCATING $25,000 TO BRIDGE THE FUNDING GAP IN THE CURRENT RIDESHARE PURSUANT TO CEQA GUIDELINE 15061
COUNCIL ADOPTED VALUES
The Town of Colma FY 2027-28 Rideshare Voucher Program is visionary because it involves improving mobility for Colma residents, including seniors 55+ years old, individuals with disabilities, low-income residents, increasing local transportation options for residents of Veterans Village, qualified adult college students, and Town sponsored recreation events.
BACKGROUND
The SMCTA’s Measure A half-cent sales tax for transportation programs and projects was reauthorized in 2004 for a period of 25 years by the voters of San Mateo County. Measure A took effect on January 1, 2009 and expires on December 31, 2033. Contained within the Measure A Transportation Expenditure Plan is a program category that allocates one percent of the generated funds to Alternative Congestion Relief (ACR), which is aimed at commute alternatives and planning work to support Intelligent Transportation Systems.
On November 6, 2018, the voters of San Mateo County approved Measure W, a new 30-year half-cent sales tax for transportation programs and projects that took effect July 1, 2019 and
AGENDA ITEM 7.
expires on June 30, 2049. The Measure W Congestion Relief Program includes the Countywide Highway Congestion Improvements program category. Through the 2020-2024 SMCTA Strategic Plan, the SMCTA developed a competitive TDM subcategory to encourage programs and projects that reduce highway congestion including, but not limited to, non-Single Occupant Vehicle trips and off-peak trip demand. Measure W commits one percent of total annual Measure W funds for TDM projects.
In January 2022, the SMCTA adopted its first ACR/TDM Plan that was developed to guide investment decisions and funding allocations for a combined Measure A ACR and Measure W TDM Program. The ACR/TDM Plan provides a vision for the TDM Program, program guidelines, example eligible projects/programs, and evaluation criteria for selection of projects.
This Call For Projects (CFP) combines funding dedicated to TDM competitive programs from Measures A & W to streamline the application, evaluation, and grant administration process based on guidance from the SMCTA’s 2025-2029 Strategic Plan.
Projects funded through this Cycle 4 TDM Program CFP must meet the following goals:
• Provide Congestion Relief;
• Increase Sustainable Transportation Options;
• Promote Sustainability & Health;
• Encourage Economic Development Opportunities; and
• Invest Funding Equity
In 2023, the Town launched a Rideshare Voucher Program funded through ACR/TDM Cycle 1.
In partnership with Serra Yellow Cab, the program bridges first- and last-mile gaps between local retail hubs and BART station. The program has demonstrated a good success rate among residents while effectively addressing two key priorities: mobility equity and the reduction of vehicle miles traveled (VMT). This application seeks funding for the continuation of this program.
ANALYSIS
Public transportation service to and within Colma is served by two agencies, BART and SamTrans. The Colma BART station is located in the north part of Town, connecting to San Francisco and Daly City to the north, South San Francisco, San Bruno, and San Francisco International Airport to the south. SamTrans runs along two arterial streets in Colma, El Camino Real and Junipero Serra Boulevard traveling north and south directions. Connectivity from east/west is limited to one transit line (SamTrans 120) along D street in the north part of Town. Currently, SamTrans does not have east/west transit routes along Colma Boulevard, Serramonte Boulevard and Collins Avenue.
The concentration of residential units in Colma is in the Sterling Park neighborhood and Hoffman Estates in the north part of Town, Creekside Villas in Mid Town, Veterans Village, and Verano neighborhood in the southern part of Town. The Town negotiated with South San Francisco and their Shuttle operators to continue their Orange Route down Mission Road and make a stop at Veterans Village to assist the residents in some of their travel needs. The shuttle service has proven to be useful but has limitations as it only has stops on the designated route. Residents who live in these areas of the Town may find it challenging to
AGENDA ITEM 7.
travel within the Town if they rely solely on public transportation. Residents with disabilities or mobility limitations may experience difficulty accessing major destinations such as the Colma BART Station, 280 Metro Center and Serra Center due to limited east-west transit connectivity.
The only stop on Mission Road is the Veteran Village stop, the rest of Mission Road is not served by the shuttle or other public transportation, thus there is limited public transportation options for qualified riders. The Colma Rideshare project would enhance mobility equity for an underserved part of Colma’s population. The rideshare program will help fill in the gaps that SamTrans and established shuttle programs do not currently serve. The continuation of the Town’s Rideshare will reduce the dependency on personal vehicles for travel within the proposed programs milage limits thus reducing VMT.
Colma’s Rideshare program was launched in 2023, this program has enhanced mobility equity for Colma's vulnerable populations, including seniors, low-income residents, and individuals with disabilities, through a subsidized transportation effort between the Town and the San Mateo County Transportation Agency. The reduction of VMT has been addressed by encouraging multi-modal travel to and within Colma by utilizing public transportation in conjunction with rideshare, therefore, reducing the dependency on personal vehicles. By providing participants with heavily discounted rides, the program effectively reduces VMT by encouraging residents to use the rideshare voucher service instead of taking their personal vehicles when travelling within the Colma service and beyond.
For Cycle 4, the available Funding for TDM Competitive Projects is $1.66 million. The Town will apply for $90,000 in Cycle 4 TDM Competitive Project Funding and provide a $10,000 (10%) local match, for a total program budget of $100,000 to the Town of Colma FY 2027-2028 Rideshare Voucher Program.
DETAILED DESCRIPTION OF THE PROJECT:
The existing Rideshare Voucher Program (“Colma Cab Connect”) is an alternative form of transportation that is affordable and available 24/7 for Colma residents 55+ years old, individuals with disabilities, and low-income residents. Participants will receive eight (8) subsidized one-way trips per year at a cost of $5 per ride to any destination within the cities of Colma, Daly City, South San Francisco, Pacifica and San Bruno. Participants may incur additional charges for trips exceeding five (5) miles. The remainder of the cost of the ride is subsidized by the Colma Cab Connect program. Rides are provided by Serra Yellow Cab and accessible vehicles are available at no additional cost. All rides must start and/or end in Colma.
For Cycle 4 TDM Rideshare Voucher Program, staff present the following two options for City Council consideration and direction:
• Option 1 — Continue the Existing Rideshare Program.
The Town would continue Colma Cab Connect without changes to the program’s current eligibility requirements, number of subsidized trips, service area, participant fare, or operating procedures. The program would remain available to eligible Colma residents under the existing guidelines, with the requirement that every subsidized ride either begins or ends within the Town of Colma.
AGENDA ITEM 7.
• Option 2 — Expand Program Eligibility and Subsidized Trip Access.
The Town would expand program eligibility to include seniors age 65 and older who reside in neighboring cities and college students age 18 and older. Eligible participants could use subsidized rides to travel to or from any destination within 25 miles of Colma, provided that each ride begins or ends in Colma. The participant fare would be based on the distance from Colma: $5 per ride for destinations within 10 miles; $10 per ride for destinations more than 10 miles and up to 25 miles. The program would subsidize the remaining eligible fare. This option would expand access to education, employment, health care, shopping, and other essential destinations while retaining Colma as the required origin or destination for every subsidized ride.
FISCAL IMPACT
The estimated cost of the Town of Colma FY 2027-28 Rideshare Voucher Program is $100,000.
To help supplement the overall program administration, marketing, and operations, the Town of Colma will apply for the Cycle 4 FY 2027-28 TDM Program and submit a grant application on October 30, 2026.
If the TDM grant application is accepted and awarded, the Town’s estimated funding plan for the FY 2027-28 Rideshare Voucher Program is as follows:
Grant Breakdown:
Cycle 4 TDM Grant $90,000
Proposed General Fund Allocaion (10% Local Grant
Match)
$10,000
Bridge funding gap for current Ride Share Program $25,000 ESTIMATED PROGRAM TOTAL $125,000
If the TDM Cycle 4 grant is awarded, the funding agreement with SMCTA is not expected to be executed before March 2027. Because all current TDM Cycle 1 funds have been fully utilized, and to ensure the current rideshare program remains operational over the next six months, staff requests that the City Council approve a $25,000 allocation to bridge this funding gap.
ENVIRONMENTAL
This resolution in support for the Town of Colma FY 2027-28 Rideshare Voucher Program – Cycle 4 TDM Funding Application to the San Mateo County Transportation Authority is consistent with the Town’s sustainability goals and Complete Streets and Green Streets Program goals. It is also exempt from environmental review under the common sense exemption pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that no new environmental impacts would result as this merely involves funding for existing ride shares.
AGENDA ITEM 7.
ALTERNATIVES
The City Council could choose not to adopt the resolution. This alternative is not recommended because the Town would forgo an opportunity to secure grant funding to support mobility options for eligible Colma residents and reduce reliance on personal vehicles.
Additionally, if the City Council do not approve the $25,000 allocation to cover operational costs between now and the expected March 2027 SMCTA grant agreement, if the requested grant is awarded, the Town will be forced to temporarily suspend or fully shut down the rideshare program until new grant funds are officially executed.
CONCLUSION
Staff recommends that the City Council adopt two (2) resolutions, • Resolution supporting the Town of Colma FY 2027-28 Rideshare Voucher Program and submitting an application to the Cycle 4 San Mateo County Transportation Authority for Measure “A” Alternate Congestion Relief and Measure “W” Transportation Demand Management Program Funding
• Resolution approving the $25,000 allocation for the current rideshare program, to bridge the funding gap until the proposed grant is awarded.
ATTACHMENTS
A. Resolution - Rideshare Grant
B. Resolution - Additional Local Funding Rideshare Grant
Reso 2026-__ Cycle 4 TDM Program, Colma FY 2027-28 Rideshare Voucher Program Page 1 of 3 RESOLUTION No. 2026-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION SUPPORTING THE TOWN OF COLMA FY 2027-28 RIDESHARE VOUCHER PROGRAM AND SUBMITTING AN APPLICATION TO THE CYCLE 4 SAN
MATEO COUNTY TRANSPORTATION AUTHORITY FOR MEASURE A ALTERNATIVE
CONGESTION RELIEF AND MEASURE W TRANSPORTATION DEMAND MANAGEMENT PROGRAM FUNDING PURSUANT TO CEQA GUIDELINE 15061
The City Council of the Town of Colma does resolve as follows.
1. Background
(a) The Town of Colma (Sponsor) desires to apply for funding the FY 2027-28 Rideshare Voucher Program. Originally launched in 2023 through ACR/TDM Cycle 1, the program provides first and last-mile connections between retail centers in Town and BART stations. It supports mobility for Colma residents, including seniors 55+ years old, individuals with disabilities, and low-income residents, and increasing local transportation options for residents of Veterans Village.
By providing participants with heavily discounted rides, the program effectively reduces vehicle miles traveled (VMT) by encouraging residents to use the rideshare voucher service instead of taking their personal vehicles when traveling within Colma and surrounding areas. (b) The Sponsor has developed the Town of Colma FY 2027-28 Rideshare Voucher Program (Project) to increase mobility equity for Colma residents, and reduce VMT through rideshare, and (c) It will cost $100,000 to implement the Project scope, and (d) The Sponsor seeks $90,000 for the Project, and
(e) The San Mateo County Transportation Authority (SMCTA) issued a Call for Projects for the Measure A Alternative Congestion Relief & Measure W Transportation Demand Management (TDM) Program on August 31, 2026, and
(f) a Primary Grant Agreement has been executed between the Sponsor and the SMCTA on April 14, 2025, and
(g) The SMCTA the Sponsor's governing board to adopt a resolution:
1. Supporting the Project and application for $100,000 in SMCTA TDM Program funds for the Project, and
2. Committing the Sponsor to the completion of the Project, including the commitment of matching funds in the amount of $10,000 needed for implementation, and
3. Certifying that any funds awarded by the San Mateo County Transportation Authority will be used to supplement existing funds for program activities, and will not replace existing funds or resources, and
Reso 2026-__ Cycle 4 TDM Program, Colma FY 2027-28 Rideshare Voucher Program Page 2 of 3
4. If funds are awarded, authorizing the City Manager, or designee, to sign a project supplement with the SMCTA for TDM Program funding for the Project and to take any other actions necessary to give effect to this resolution, and
5. Committing to commence work on the Project, if awarded, within one year of the SMCTA Board of Directors allocating 2026 Cycle 4 TDM Program funding.
2. Order
Now, therefore, be it resolved that the Town of Colma City Council hereby:
(a) Directs staff to submit an application for SMCTA Cycle 4 TDM Program funds for $100,000 for the Town of Colma FY 2027-28 Rideshare Voucher Program. (b) Authorizes the City Manager, or his/her designee, to execute a project supplement with the San Mateo County Transportation Authority to encumber any TDM Program funds awarded.
(c) Commits to the completion of the Project, including the commitment of $10,000 of matching funds needed for implementation, if awarded the requested SMCTA funds. (d) Certifies that any funds awarded by the SMCTA will be used to supplement existing funds for the Project, and will not replace existing funds or resources. (e) Commits to commencing work on the Project, if awarded, within one year of the SMCTA Board of Directors allocating the 2026 Cycle 4 TDM Program funds. (f) Authorizes the City Manager to take any other actions necessary to give effect to this resolution.
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Reso 2026-__ Cycle 4 TDM Program, Colma FY 2027-28 Rideshare Voucher Program Page 3 of 3
Certification of Adoption
I certify that the foregoing Resolution No. 2026-__ was duly adopted at a regular meeting of said City Council held on October 14, 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
Attest: ____________________________
Michelle Estabillo, City Clerk
Colma Rideshare Voucher Program Funding Allocation | Page 1 of 2 RESOLUTION No. 2026-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION ALLOCATING $25,000 TO BRIDGE THE FUNDING GAP IN THE CURRENT RIDESHARE VOUCHER PROGRAM PURSUANT TO CEQA GUIDELINE 15061
The City Council of the Town of Colma does resolve as follows.
1. Background
(a) The Town of Colma's Rideshare Voucher Program, originally launched in 2023 through ACR/TDM Cycle 1 funding, provides first - and last-mile connections between retail centers in Town and BART stations. The program supports mobility for Colma residen ts, including seniors age 55 and older, individuals with disabilities, low -income residents, and residents of Veterans Village, while reducing vehicle miles traveled by providing discounted rides as an alternative to personal vehicle trips within Colma and surrounding areas; and (b) All current ACR/TDM Cycle 1 funds supporting the Rideshare Voucher Program have been fully utilized, creating a funding gap that would otherwise interrupt the current program; and (c) To ensure that the current Rideshare Voucher Program remains operational over the next six months, staff requests that the City Council allocate $25,000 from General Funds to bridge the funding gap.
(d) The Town is submitting an application an application for SMCTA Cycle 4 TDM Program funds for $100,000 for the Town of Colma FY 2027-28 Rideshare Voucher Program, including the commitment of $10,000 of matching funds needed for implementation, if awarded the requested SMCTA funds.
2. Order
Now, therefore, be it resolved that the City Council of the Town of Colma:
(a) Allocates $25,000 from the Town’s General Fund to bridge the funding gap in the current Town of Colma Rideshare Voucher Program and maintain program operations for the next six months.
(b) Authorizes the City Manager, or designee, to take all actions necessary to administer the allocation and give effect to this resolution.
Certification of Adoption
I certify that the foregoing Resolution No. 2026-__ was duly adopted at a regular meeting of said City Council held on October 14, 2026 by the following vote:
Colma Rideshare Voucher Program Funding Allocation | Page 2 of 2 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
Attest: ____________________________
Michelle Estabillo, City Clerk
AGENDA ITEM 8.
STAFF REPORT
TO: Mayor and Members of City Council
FROM: Nathan Bassett, Administrative Services Director
VIA: Daniel Barros, City Manager
MEETING DATE: Wednesday, October 14, 2026
SUBJECT: Ordinance Amending Various Sections Of Subchapter 1.03 Titled Officers And Employees Of The Colma Municipal Code, Relating To Updating Town Positions, Departments, And Providing Other Clarifying Language Changes, Pursuant To CEQA Guideline 15378
RECOMMENDATION
Staff recommends that the City Council introduce the following:
ORDINANCE AMENDING VARIOUS SECTIONS OF SUBCHAPTER 1.03 TITLED OFFICERS
AND EMPLOYEES OF THE COLMA MUNICIPAL CODE, RELATING TO UPDATING TOWN
POSITIONS, DEPARTMENTS, AND PROVIDING OTHER CLARIFYING LANGUAGE CHANGES, PURSUANT TO CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
The Staff recommendation is consistent with the Council adopted values of:
• Responsibility: Ensuring that position titles, department names, duties, and other elements of the Town Municipal Code align with the current position roster and duties.
BACKGROUND
During the FY 2026-27 budget process, the City Council approved the creation of two new positions, the Public Works Director and Planning Manager. After adoption of the Town’s FY 2026-27 Adopted Budget on June 10, 2026, staff reviewed the Town’s Municipal Code for any position updates that may be necessary, and to revise the department's references in the subchapter due to the changes that the new positions would render on the Town’s organizational hierarchy.
The amendments proposed in subchapter 1.03 of the Town’s Municipal Code are intended to reflect the adjustments made to the Town’s staffing and departmental structure over the last
AGENDA ITEM 8.
decade. The most recent changes to this subchapter were adopted with ordinance 802, adopted July 22, 2020, which revised section 1.03.040 – Chief of Police. Over the last decade, the Town has experienced changes in the organizational structure that have yet to be reflected in the Municipal Code.
The Town added a position for an Administrative Services Director prior to 2017, and removed the Assistant City Manager position from the position roster at some point prior.
ANALYSIS
The amendments proposed to the Town’s Municipal Code are intended to reflect the adjustments made to the Town’s staffing and departmental structure over the last decade, and are enumerated below.
1.03.010 Officers and Employees Authorized
Paragraph (a) is proposed to update the language to refer to specific positions, rather than offices, and note that they may be outlined in state law, or in subchapter 1.03 of the Colma Municipal Code. The Administrative Services Director, City Clerk, Public Works Director / City Engineer, and Planning Manager are proposed to be added to the list, while reference to the City Planner is removed. These changes are intended to reflect the current composition of Town staff as reflected in the FY 2026-27 budget.
Paragraph (b) is proposed to incorporate positions, in addition to offices, for clarity. The Municipal Code previously intermingled departments, offices, and positions with regard to enumeration of duties and responsibilities. Adjusting this language will provide a common basis for comparison as to where duties and responsibilities lie.
Paragraph (c) is proposed to be updated to reflect that Public Works and Planning will now be separated into two departments, where it was previously one department. This reflects the newly created Public Works Director / City Engineer position and Planning Manager position, where the duties are separated out. This will mark a transition from the current setup where the contracted Public Works and Planning teams report through one contractor.
1.03.015 Public Works Director / City Engineer
Paragraphs (a) and (b) are proposed to be amended to reflect the adjusted position title, removing planning duties from this position and combining in the City Engineer title and position duties, previously housed in 1.03.050 City Engineer. The language is also updated to reflect that the position previously required City Council confirmation, due to the position being filled on a contracted basis. The amended language reflects that this position will serve at the pleasure of the City Manager.
1.03.020 City Manager
Paragraph (3) Acting City Manager is proposed to be amended to reflect that the Town no longer has an Assistant City Manager position, and that the City Manager will designate an Acting City Manager of their choosing when they are absent or experiencing a temporary disability. The clause allowing the City Council to choose an Acting City Manager in the event
AGENDA ITEM 8.
there is no Assistant City Manager is struck from the language of the paragraph.
Paragraph (f)(3) is proposed to remove the City Clerk position as an exception to the City Manager’s ability to appoint, discipline, or remove. This is to align the paragraph with section
1.03.080 City Clerk and reflect that the position is no longer an elected office.
1.03.030 City Attorney
Paragraph (b) is proposed to be amended to remove the word “all” in the final clause, to note that the City Attorney’s Office may not review every written item produced by staff, due to the time and cost involved. Departmental staff may draft or review items of a more ordinary or routine nature.
1.03.050 City Engineer
This section is proposed to be struck from the Municipal Code and combined with section
1.03.015 Public Works Director / City Engineer.
1.03.070 Planning Manager; Zoning Administrator
This proposed amendment of this section replaces all references to the “City Planner” with a reference to the “Planning Manager.”
1.03.095 Administrative Services Director
This section is proposed to be added to reflect the previous addition of this position to the Town’s position schedule and note the position's duties are broadly over risk management, finance and IT services.
Reason for Recommendation
Town staff recommend these changes to ensure that the Town’s Municipal Code accurately reflects the current administrative structure and employee composition. This allows staff to reference the Municipal Code with regard to authorized management positions, and ensures that organizations working with the Town have official record of the Town’s staff positions.
FISCAL IMPACT
This ordinance to amend the Town’s Municipal Code is a codification of previously approved changes to the Town’s positions and department listings. As such, there is no fiscal impact from the changes, as any adjustments to the position salaries and department compositions have already been accounted for in the Town’s budget.
ENVIRONMENTAL
This item has no anticipated environmental impact and is not a project under CEQA pusuant to CEQA Gudeline 15378 as it is more akin to an adminstrative activity of the Town.
ALTERNATIVES
The City Council could choose not to introduce the ordinance amending subchapter 1.03 of the
AGENDA ITEM 8.
Town’s Municipal Code and instead engage staff to conduct a study session to find alternatives to the proposal. The City Council could suggest changes to the positions or departments listed in the amended ordinance, or request staff conduct further research into the positions and departments.
CONCLUSION
Staff recommends that the City Council introduce the ordinance to amend Subchapter 1.03 of the Town’s Municipal Code regarding staff position titles, department names, and other clarifying language.
ATTACHMENTS
A. Ordinance - CMC Subchapter 1.03
25977.00100\45512244.1
Ord. No. ___- CMC Subchapter 1.03 Officers and Employees Page 1 of 3
ORDINANCE NO.
OF THE CITY COUNCIL OF THE TOWN OF COLMA
ORDINANCE AMENDING VARIOUS SECTIONS OF SUBCHAPTER 1.03 TITLED
OFFICERS AND EMPLOYEES OF THE COLMA MUNICIPAL CODE, RELATING TO
UPDATING TOWN POSITIONS, DEPARTMENTS, AND PROVIDING OTHER CLARIFYING LANGUAGE CHANGES, PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does ordain as follows:
ARTICLE 1. CMC SUBCHAPTER 1.03 AMENDED.
Subchapter 1.03 is hereby amended in its entirety to read as follows 1:
1.03.010 Officers and Employees Authorized.
(a) The City Council authorizes and establishes the following positions offices to perform the duties set forth in state laws or as outlined in this Subchapter 1.03: City Manager, City Attorney, Chief of Police, Administrative Services Director, City Clerk, Public Works Director / City Engineer, Building Official, Zoning Administrator and Planning Manager City Planner.
(b) The City Manager is authorized to establish additional offices or positions to perform the duties necessary to implement the Town’s policies, programs and regulations
(c) The following departments are established: the Public Works and Planning Department, the City Manager/City Clerk Department, City Attorney’s Departments, Police Department, Recreation Services, the Public Works Department, and the Planning Department, and such other departments as are authorized from time to time by resolution of the City Council.
[History: formerly § 1.401, ORD. 205, 12/8/76; ORD. 258, 02/11/81; ORD. 283, 2/9/83; ORD. 296, 04/11/84; ORD. 620, 9/8/04; ORD. 666, 2/13/08; ORD. 711, 10/10/12]; ORD. ____; 10/14/26]
[Reference: GOVT CODE § 36502, 36503, 36505, 41801 et seq.]
1.03.015 Public Works Director / City Engineerand Planning
(a) The Public Works Director / City Engineer Director of the Public Works and Planning Department shall be appointed by the City Manager subject to confirmation by the City Council, and shall serve at the will of the City Manager.
(b) The duties of the Public Works Director / City Engineer shall be those now or hereafter fixed by this Code, the City Manager, and the laws of the State of California for a civil engineer,
1 New language is displayed in underline format and any deletions of existing language are shown in strikethrough.
25977.00100\45512244.1
Ord. No. ___- CMC Subchapter 1.03 Officers and Employees Page 2 of 3
shall include being the superintendent of streets, and include all public works operations for the Town. Director of Public Works and Planning shall be to supervise and manage all CSG and Town employees providing engineering, building code, planning services and code enforcement services to or on behalf of the Town.
[History: New, ORD. 711, 10/10/12; ORD. ____; 10/14/26] [Reference:: GOV’T CODE § 36505, 36506]
1.03.020 City Manager.
(a) Office Created. The office of the City Manager of the Town of Colma is hereby created and established. The City Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the City Council.
(b) Eligibility. No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Council member shall have ceased to be a member of the City Council. Nothing herein shall either preclude or require that the position of City Manager be held by a City Clerk or a Deputy City Clerk.
(c) [Omitted]
(d) Acting City Manager. The Assistant City Manager shall delegate the City Manager’s duties to an Acting City Manager, if any, shall serve as manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Council may designate a qualified city employee to exercise the powers and perform the duties of City Manager during the City Manager's temporary absence or disability. In the event the City Manager's absence or disability extends over a two-month period, the City Council may, after the two-month period, appoint an Acting City Manager. (e) Compensation. The City Manager shall receive such compensation as the City Council shall from time to time determine.
(f) Powers and Duties. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in this ordinance. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under his or her control. In addition to the City Manager's general powers as administrative head, and not as a limitation thereon, it shall be the City Manager's duty and the City Manager shall have the powers set forth in the following subsections. (1) Law Enforcement. It shall be the duty of the City Manager to enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed.
(2) Authority Over Employees. It shall be the duty of the City Manager, and the City Manager shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under the City Manager's jurisdiction through their department heads.
25977.00100\45512244.1
Ord. No. ___- CMC Subchapter 1.03 Officers and Employees Page 3 of 3
(3) Power of Appointment, Discipline, and Removal. The City Manager shall, in accordance with all applicable personnel ordinances, rules and regulations, appoint, discipline, remove, promote and demote any and all officers and employees of the Town of Colma, except for the City Treasurer, City Clerk, and City Attorney. (4) Ordinances. It shall be the duty of the City Manager, and the City Manager shall recommend to the City Council for adoption such measures and ordinances as the City Manager deems necessary.
(5) Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless, at the City Manager's request, the City Manager is excused there from by the Mayor individually or the City Council, except when the City Manager's removal is under consideration.
(6) Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City. (7) It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. (8) Expenditure Control and Purchasing. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council, except on approval of the City Manager or the City Manager's authorized representative. The City Manager, or the City Manager's authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City. The City Manager may delegate to the Chief of Police responsibility for purchase of equipment and supplies to be used by the Police Department.
(9) Additional Duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to the City Manager from time to time by ordinance or resolution or other official action of the City Council. (g) Termination.
(1) Unless there is a written contract to the contrary, the City Council may at any time, in its sole and absolute discretion, terminate the employment of the City Manager, with or without cause, upon a vote of at least three members. (2) Notwithstanding (1) above, the City Manager shall not be removed from office, other than for misconduct as defined in the Town of Colma Personnel Policies and Procedures Manual, within a period of 90 days next succeeding any general or special municipal election held in which a member or members of the City Council is elected, or within a period of 90 days next following the appointment of new member to the City Council. The purpose and intent of this provision is to allow any newly elected or appointed member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of that office. After the expiration of said 90-day period the provisions of section (I) above shall apply.
25977.00100\45512244.1
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(h) Agreements on Employment. Nothing in this ordinance shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this ordinance.
[History: formerly § 1.407, ORD. 258, 2/11/81; ORD. 291, 8/10/83; ORD. 291, 8/10/83; ORD. 513, 5/14/97; ORD. 540, 10/14/98; ORD. 620, 9/8/04; ORD.___; 10/14/26] [Reference: GOVT CODE § 36518, 41801-41803]
1.03.030 City Attorney.
(a) The City Attorney shall be appointed by and shall serve at the will of the City Council. The City Attorney may be an independent contractor retained by Colma. (b) The duties of the City Attorney shall be those now or hereafter fixed by the laws of the State of California and by this Code, including, but not limited to, the duties to advise the City officials in all legal matters pertaining to City business and draft and review all proposed ordinances, resolutions and other legal documents.
[History: formerly § 1.402, ORD. 205, 12/8/76; ORD. 283 2/9/83; ORD. 620, 9/8/04; ORD. 681, 9/9/09; ORD._____; 10/14/26]
[Reference: :GOV’T CODE § 36505, 36506, 41801-41803]
1.03.040 Chief of Police.
(a) The Chief of Police shall be appointed by the City Manager and shall serve at the will of the City Manager.
(b) The Chief of Police shall, subject to the overall management and supervision of the City Manager, manage, supervise, and direct the operations of the Police Department; appoint, discipline, remove, promote and demote any and all officers and employees of the Police Department, whether sworn or unsworn, in accordance with all applicable personnel ordinances, rules and regulations; and perform such other duties as may be required by law or assigned by the City Manager.
[History : formerly § 1.403 ORD. 205, 12/8/76; ORD. 283, 2/9/83; ORD. 513, 5/14/97;ORD. 540, 10/14/98; ORD. 283, 2/9/83; ORD. 620, 9/8/04; ORD. 681, 9/9/09; ORD. 802,7/22/20;]
[Reference:: GOV’T CODE § 36505, 36506, 41601, 41603, 41605-41611]
1.03.050 City Engineer.
(a) The City Engineer shall be appointed by the City Manager and shall serve at its pleasure the will of the City Manager. The City Engineer may be an independent contractor retained by the Town.
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(b) The duties of the City Engineer shall be those now or hereafter fixed by this Code, the City Manager, and the laws of the State of California for a civil engineer and the superintendent of streets.
[History: formerly § 1.404, ORD. 205, 12/8/76; ORD. 283, 2/9/83; ORD. 620, 9/8/04; ORD. 681, 9/9/09; ORD. 711, 10/10/12]
[Reference:: GOV’T CODE § 36505, 36506]
1.03.050 Building Official.
(a) The City Building Official shall be appointed by the City Manager and shall serve at its pleasure the will of the City Manager. The City Building Official may be an independent contractor retained by the Town.
(b) The duties of the Building Official shall be those now or hereafter fixed by the laws of the State of California, The Colma Building Code and the City Manager. [History: formerly § 1.405, ORD. 205, 12/8/76; ORD. 283, 2/9/83; ORD. 422, 03/13/91; ORD. 620, 9/8/04; ORD. 681, 9/9/09; ORD. 711, 10/10/12; ORD. 737, 1/14/15; ORD. 738, 1/14/15;]
[Reference: GOV’T CODE § 36505, 36506]
1.03.060 Health Officer.
(a) The Town of Colma hereby consents to the San Mateo County Health Officer enforcing and observing in the Town, orders and quarantine regulations prescribed by the California Department of Health Services and the San Mateo County Health Department, other regulations issues under the Health and Safety Code, and all other statutes and regulations relating to the public health.
(b) The County Health Officer shall be and hereby is designated the City Health Officer for the Town of Colma. The duties of the City Health Officer shall be those now or hereafter fixed by the laws of the State of California and by this Code. The City Health Officer shall not receive any compensation from the Town of Colma in addition to his compensation from the County of San Mateo, but Colma may reimburse the County for such salaries and expenses as are mutually agreed upon.
[History: formerly § 1.406 ORD. 205, 12/8/76; ORD. 283, 2/9/83; ORD. 620, 9/8/04; ORD. 671, 7/9/08; ORD. 681, 9/9/09;]
[Reference: GOV’T CODE §36505; Health & Safety Code § 101375]
1.03.070 Planning Manager; City Planner; Zoning Administrator. (a) The City Planner Planning Manager shall be appointed by the City Manager and shall serve at the will of the City Manager.
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(b) The duties of the City Planner Planning Manager shall be those now or hereafter fixed by the laws of the State of California and by this Code, and the City Manager. (c) The office of Zoning Administrator is hereby created and established. The City Planner Planning Manager shall serve as the Zoning Administrator. The Zoning Administrator shall decide only those applications for land use entitlements and other permits that are expressly assigned by the City Council to the Zoning Administrator under this Code; all other applications for conditional uses or other land use entitlements and permits shall be decided by the City Council. [History: formerly § 1.408, ORD. 283, 2/9/83; ORD. 620, 9/8/04; ORD. 681, 9/9/09; ORD. 706, 3/14/12; ORD. 711, 10/10/12; ORD. ___; 10/14/26] [Reference: GOV’T CODE §36505; 65900-65902]
1.03.080 City Clerk.
The City Clerk shall be appointed by the City Manager and shall serve at the will of the City Manager. The duties of the City Clerk shall be those now or hereafter fixed by the laws of the State of California, the City Council and/or the City Manager. [History: formerly § 1.303, ORD. 205, 12/8/76; ORD. 528, 4/14/98; ORD. 620, 9/8/04; ORD. 747, 9/9/15;]
[Reference: GOV’T CODE §36501, 36502, 36503, 40801 et seq.]
1.03.090 City Treasurer.
The City Treasurer shall be appointed by the City Council of the Town of Colma. The duties of the City Treasurer shall be those now or hereafter fixed by the laws of the State of California, and by the City Council.
[History: formerly § 1.301, ORD. 205, 12/8/76; ORD. 620, 9/8/04; Ord. 693-A, 11/2/10] [Reference: GOV’T CODE §36501, 36502, 36503, 41001 et seq.]
1.03.100 City Treasurer’s Duties.
(a) City Council. The City Council has ultimate authority and direction over all Town finances and investments.
(b) City Manager. The City Manager is responsible for the overall management of the financial affairs of the Town.
(c) City Treasurer. Subject to the City Council’s overall management and supervision, the City Treasurer shall manage the day-to-day accounting and cash management functions of the Town; receive and safely keep Town funds; transfer Town funds from or to the different Town accounts; pay Town obligations; receive and hold bonds or other security instruments; establish and maintain a system of internal controls over Town assets; and submit financial reports to the City Council on a timely basis, and have the ability to appoint a Deputy Treasurer(s) who can act in the absence of the City Treasurer.
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[History: ORD. 737, 1/14/15; ORD. 765, 10/12/16]
[Reference: GOV’T CODE §36501, 36502, 36503, 41001 et seq.]
1.03.105. Administrative Services Director.
(a) The Administrative Services Director shall be appointed by the City Manager and shall serve at the will of the City Manager.
(b) The duties of the Administrative Services Manager shall be to coordinate the general function of the Town including Risk Management, Finance, and IT Services. The specific duties shall be those now or hereafter fixed by the City Council and/or the City Manager. [History: ORD. ____; 10/14/26]
1.03.110 Public Official’s Bonds
The Town shall obtain a master surety bond, as authorized by law, for the faithful performance of all duties by each public official of the Town, including the accounting for and payment of all funds coming into the official’s possession or control, in an amount to be approved from time to time by the City Council. Any premium for such bond shall be a proper charge against the Town’s General Fund.
[History: ORD. 205, 12/8/76; ORD. 620, 9/8/04]
[Reference: GOV’T CODE § 1481]
ARTICLE 2. EFFECTIVE DATE.
This ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.
ARTICLE 3. SEVERABILITY.
If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to be severable.
ARTICLE 4. NOT A CEQA PROJECT.
The City Council’s introduction and adoption of any ordinance is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA). This action does not meet the definition of a “project” under CEQA pursuant to CEQA Guideline 15378 because it is an organizational or administrative activity of government that will not result in any direct or indirect physical changes in the environment.
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Certification of Adoption
I certify that the foregoing Ordinance No. ___ was duly introduced at a regular meeting of the City Council of the Town of Colma held on October 14, 2026, and adopted at a regular meeting of the City Council of the Town of Colma held on [________________], 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
Attest: ______________________________
Michelle Estabillo Gourlie, City Clerk