CITY COUNCIL AGENDA
REGULAR MEETING
CITY OF HALF MOON BAY
TUESDAY, FEBRUARY 7, 2023
REMOTE PARTICIPATION (SEE NEXT PAGE) Deborah Penrose, Mayor Joaquin Jimenez, Vice Mayor
Robert Brownstone, Councilmember
Harvey Rarback, Councilmember
Debbie Ruddock, Councilmember
7:00 PM
This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item.
Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration.
Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk.
Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726- 8271.
In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/
1 SPECIAL REMOTE PARTICIPATION PROTOCOLS
This meeting will be held entirely by teleconference. All Councilmembers and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local officials have recommended social distancing (AB 361). The purpose of AB 361 is to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic.
This meeting will be conducted via Zoom Webinar and live Spanish interpretation will be available within the Zoom platform. Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://us06web.zoom.us/j/99588947925 or join by phone at 669-900-9128, using Webinar ID 995-8894-7925. If joining by phone, use *9 to raise your hand, *6 to mute and unmute.
CALL TO ORDER / ROLL CALL
PROCLAMATIONS AND PRESENTATIONS
MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE
REPORT OUT FROM RECENT CLOSED SESSION MEETINGS
CITY MANAGER UPDATES TO COUNCIL
PRIORITY SETTING / LISTENING SESSIONS UPDATE
PUBLIC FORUM
1. CONSENT CALENDAR
1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES
1.B RE-RATIFICATION OF RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361)
Staff Recommendation: By motion, in accordance with Assembly Bill 361, re-ratify the findings in Resolution No. 2021-80 to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19.
STAFF REPORT
2 1.C GRANT AGREEMENT WITH COUNTY OF SAN MATEO TO DEVELOP AND OPERATE AN
OPPORTUNITY CENTER IN HALF MOON BAY
Staff Recommendation: Adopt a resolution authorizing the City Manager to 1) execute a grant agreement with the County of San Mateo for $2,500,000 to develop and operate an Opportunity Center of the Coastside (OCC) in Half Moon Bay; and 2) develop and release requests for proposals (RFPs) to identify and retain qualified service providers to provide services and support to impacted job seekers and small businesses and entrepreneurs in an amount not to exceed $500,000.
STAFF REPORT
RESOLUTION
1.D HIGHWAY 1 SAFETY AND OPERATIONAL IMPROVEMENTS PROJECT - NORTH (CIP PROJECT NO. 538) AGREEMENT AMENDMENT WITH MARK THOMAS COMPANY, INC.
Staff Recommendation: Adopt resolution authorizing the City Manager to execute Amendment No. 5 to professional services agreement with Mark Thomas and Company, Inc. for the coordination of utility relocations and construction easements in an amount of $148,892.
STAFF REPORT
RESOLUTION
ATTACHMENT 2
2. ORDINANCES AND PUBLIC HEARINGS
3. RESOLUTIONS AND STAFF REPORTS
3.A UPDATE ON THE JANUARY 23, 2023 MASS SHOOTING INCIDENT Staff Recommendation: Receive an update on the January 23, 2023 Mass Shooting Incident, which took place at two farms in and around Half Moon Bay, and left seven souls deceased, one critically injured, and dozens more directly impacted.
STAFF REPORT
3 3.B DECLARATION OF LOCAL EMERGENCY AND EXECUTIVE ORDER ESTABLISHING A
CENTRALIZED COASTSIDE VICTIMS AND FAMILY SUPPORT FUND
Staff Recommendation: Adopt a Resolution declaring a local emergency resulting from the January 23, 2023 Mass Shooting Incident and authorizing the City Manager to issue an Executive Order establishing a Coastside Victims and Family Support Fund at the San Mateo Credit Union Community Fund in partnership with Mavericks Community Foundation.
STAFF REPORT
RESOLUTION
ATTACHMENT 2
COMMISSION / COMMITTEE UPDATES
FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS
CITY COUNCIL REPORTS
ADJOURNMENT
4
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: February 7, 2023
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Jessica Blair, Communications Director / City Clerk
TITLE: RE-RATIFICATION OF RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361)
______________________________________________________________________________ RECOMMENDATION:
By motion, in accordance with Assembly Bill 361, re-ratify the findings in Resolution No. 2021- 80 to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
STRATEGIC ELEMENT:
This action supports the Inclusive Governance element of the Strategic Plan.
BACKGROUND:
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19.
Thereafter, on March 17, 2020, the City Council adopted Resolution 2020-16 declaring a local emergency due to COVID-19. The same day, Governor Newsom issued Executive Order N-29- 20, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
Staff quickly worked to set up remote meetings via Zoom for all City Council and Planning Commission meetings. The Zoom meetings have allowed the Council, Commissions, and Committees to continue to conduct City business from the safety of members’ homes. The City has been utilizing Zoom for the past 18 months to conduct nearly all public meetings. The usage of Zoom for public meetings has allowed the City to ensure the public’s continued access to government meetings while also ensuring the public’s safety. 5
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the ability of agencies to hold remote meetings through September 30, 2021, after which agencies anticipated transitioning back to public meetings held in full compliance with the Brown Act. In preparation for the return to in-person meetings, staff has been working on acquiring audio and visual upgrades for City facilities to conduct hybrid meetings. Although hybrid meetings would help to keep the public safe by allowing them to continue accessing the meetings from their own home, Councilmembers, Commissioners, Committee members, and staff would need to meet in person.
Since the Governor issued Executive Order N-08-21, the Delta variant has emerged, causing a spike in cases throughout the state. As a result, the San Mateo County Health Department issued a Health Order requiring masks indoors in public places, regardless of vaccination status, starting August 3, 2021.
On September 16, 2021, Governor Newson signed Assembly Bill 361 (AB 361), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders.
AB 361 authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency, or when there is an imminent risk to the health or safety of attendees.
On October 5, 2021, the City Council adopted Resolution No. 2021-80 under the requirements of AB 361 to continue conducting meetings remotely. AB 361 requires the City Council to make the findings every 30 days, necessitating the need for this item.
On December 15, 2021, a statewide mask mandate went into effect due to a rise in cases across the state.
On January 10, 2022, in response to the surge of COVID-19 cases, Omicron variant, City Hall closed to the public moving services to remote services.
On March 1, 2022, the statewide requirement that unvaccinated individuals mask in indoor public settings moved to a strong recommendation that all persons, regardless of vaccine status, continue indoor masking. The San Mateo Chief Health Officer has likewise recommended the CDC’s masking guidance.
It has been announced by the Governor’s Office that the State of Emergency will expire on February 28, 2023. Therefore, the City Council will be required to return to in-person meetings starting on March 1, 2023.
6
DISCUSSION:
AB 361 will allow local legislative bodies to continue to meet remotely after the September 30, 2021 expiration of the Governor’s executive orders. A local agency will be allowed to continue to meet remotely when:
• The local agency holds a meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing
• Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees
The City meets the requirements to continue holding meetings remotely to ensure the health and safety of the public due to the following:
• The City is still under a local state of emergency
• County health orders require that all individuals in public spaces maintain social distancing and wear masks
• The City can’t maintain social distancing requirements for the public, staff, Councilmembers, Commissioners, and Committee Members in their meeting spaces The City cannot ensure social distancing requirements are met inside City facilities where the City Council, Planning Commission, Parks and Recreation Commission, Redistricting Advisory Committee, Bicycle and Pedestrian Advisory Committee, and Main Street Bridge Advisory Committee meet.
Councilmembers, Commissioners, Committee Members, and staff sit well within six feet of each other. Moreover, the County’s indoor mask order is still in effect, making it difficult to hear what Councilmembers, Commissioners, Committee Members, staff, and public speakers are saying. Furthermore, while speaking through masks may be understandable in person, picking up speech on microphones for those attending remotely and those watching any livestreams would be difficult.
Per AB 361, the City Council would need to declare every 30 days that the City’s legislative bodies must continue to meet remotely to ensure the health and safety of the public. Staff recommends that the City Council declare these findings are true so these bodies can continue to meet remotely. Staff will return with this resolution for re-ratification at the Council’s 1st Tuesday meeting each month, at which time the Council can reassess as various health orders and COVID-19 parameters change.
7
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: February 7, 2023
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Karen Decker, Economic and Community Vitality Manager
TITLE: GRANT AGREEMENT WITH THE COUNTY OF SAN MATEO TO DEVELOP AND
OPERATE AN OPPORTUNITY CENTER IN HALF MOON BAY
______________________________________________________________________________ RECOMMENDATION:
Adopt a resolution authorizing the City Manager to 1) execute a grant agreement with the County of San Mateo for $2,500,000, to develop and operate the Opportunity Center of the Coastside (OCC) in Half Moon Bay; and 2) develop and release requests for proposals (RFPs) to identify and retain qualified service providers to provide services and support to impacted job seekers, small businesses, and entrepreneurs in an amount not to exceed $500,000.
FISCAL IMPACT:
The total grant amount is $2,500,000 and covers a grant term beginning on January 31, 2023, and ending on September 30, 2024. There is no net fiscal impact to the City. The City is allowed to charge indirect costs at a rate not to exceed the 10 percent de minimis federal indirect cost rate.
STRATEGIC ELEMENT:
This recommendation supports the Fiscal Sustainability, Healthy Communities and Public Safety, and Inclusive Governance Elements of the Strategic Plan.
BACKGROUND:
The Coastside Recovery Initiative (CRI) is a comprehensive economic recovery effort sponsored by the City of Half Moon Bay in partnership and collaboration with the Half Moon Bay Coastside Chamber of Commerce and San Mateo County. It launched in 2021 with the purpose of providing immediate relief to individuals and businesses impacted by COVID and positioning the coastside economy for long-term resiliency.
Led by a diverse, multi-sector Recovery Task Force, CRI produced a set of strategic recommendations detailed in a public report, Building a More Equitable, Vibrant and Resilient Coastside Economy. Since the release of the report in March 2022, the San Mateo County Board of Supervisors approved a $5 million funding allocation to support the development of 8
economic advancement centers on the Coastside and the unincorporated area of North Fair Oaks. The centers would provide supportive services for job seekers, small businesses, and entrepreneurs.
Funding the centers on the Coastside and North Fair Oaks was partly informed by successes at a neighboring economic advancement center in South San Francisco (EAC-SSF). EAC-SSF first opened its doors virtually in July 2021, and then officially in February 2022 in response to high unemployment rates at the peak of COVID and the growing divide between the city’s booming biotech sector and small family, immigrant-owned businesses. Strategically located in one of the city’s lowest income census tracts, the EAC-SSF addresses these issues by offering rapid job placement services and career pathway programs along with the city’s workforce development program as well as small business and entrepreneurship support services to residents and existing small business owners of South San Francisco and throughout North San Mateo County. Early results have exceeded initial goals in terms of clients served and there is high demand for services. Historically, South San Francisco and North San Mateo County have been described as resource deserts where people had to travel outside of the area for needed services and support. Most services provided by the EAC-SSF are offered in Spanish and some newer services in Cantonese.
Like South San Francisco, the City of Half Moon Bay is poised to create a similar center that will serve the Coastside region, through the support of the County. Even before the pandemic, the Coastside region was uniquely vulnerable due its geographic isolation, lack of economic diversity and job growth, income inequality, high cost of housing and lack of services and infrastructure. The City and its partners including the Half Moon Bay Coastside Chamber of Commerce which recently launched a business development center, are currently evaluating potential commercial sites for a center and have agreed that workforce development and small business support will be essential. In addition, a business incubator, another recommendation from the Coastside Recovery Initiative, will be housed at the center. The incubator will harness the Coastside’s unique industries and assets, build entrepreneurship capacity and support business and job growth.
Last August, the County of San Mateo, City of South San Francisco, and City of Half Moon Bay presented the Economic Advancement Center concept to staff from the Chan Zuckerberg Initiative (CZI) and emphasized the benefit of forming a cohort for peer reflection and joint learning. On August 31, the City of Half Moon Bay submitted a proposal to CZI seeking funds to support an 18-month process evaluation of the creation and early implementation of these centers in three distinct communities. The City was successful in securing $100,000 in CZI funds and will lead the evaluation process.
DISCUSSION:
The grant agreement between the City and County of San Mateo would allow the City to develop and operate the OCC. This funding would be used to provide a range of technical assistance and support to individuals, households and small businesses that were negatively 9
impacted by the pandemic, including job and workforce training and assistance in starting small businesses.
The recent shootings have highlighted the urgency around the employment and housing in equities that have plagued our community. The 2019 closure of Bay City Flowers that resulted in job losses for about 200 workers, the 2020 pandemic, the 2020 CZU wildfire, recent winter storms and flooding, and now a mass shooting have disproportionately impacted farmworkers and low-income families. Over half of the households on the Coastside earn less than $150,000, the amount it would take for a family of four to meet self-sufficiency standards for San Mateo County. Access to good paying jobs, small business support, or entrepreneurship are all paths toward self-sufficiency.
The anticipated outcomes of this project would be to help impacted job seekers, including unemployed and employed individuals wishing to improve their prospects for economic advancement, to improve individual and household financial stability and support small business viability and success. The Opportunity Center would also house an incubator that would result in high-wage, high-demand, and high-meaning jobs in opportunity industries.
If approved, staff will finalize and execute the agreement with the County of San Mateo. Staff will also develop and release a request for proposals (RFP) to identify and retain qualified service providers to provide services and support to impacted job seekers and small businesses and entrepreneurs.
ATTACHMENT:
Resolution authorizing the City Manager to accept grant funds by signing a grant agreement with the County Of San Mateo to develop and operate the Opportunity Center of the Coastside 10 RESOLUTION NO. C-2023-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY
AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS BY SIGNING A GRANT
AGREEMENT WITH THE COUNTY OF SAN MATEO TO DEVELOP AND OPERATE THE
OPPORTUNITY CENTER OF THE COASTSIDE
WHEREAS, the Coastside Recovery Initiative has gained momentum following the release of its public report in March 2022; and
WHEREAS, the report identified fifteen recommendations across four critical areas of need and opportunity with respect to COVID recovery and long-term economic resiliency; and WHEREAS, small businesses have also been uniquely vulnerable to the economic impact of the COVID-19 crisis, particularly those in sectors that employ a disproportionate number of low-wage workers, people with less formal education and minority business owners; and WHEREAS, even before the pandemic, the Coastside region was uniquely vulnerable due its geographic isolation, lack of economic diversity and job growth, income inequality, high cost of housing and lack of services and infrastructure; and WHEREAS, the County by resolution of its Board of Supervisors on October 4, 2022, authorized an allocation of ARPA funds in the amount of $2,500,000 (the “ARPA Funds”) for a project to develop and operate an economic advancement center in Half Moon Bay that would provide a range of technical assistance and support to individuals, households and small businesses that were negatively impacted by the pandemic, including through providing job and workforce training and assistance in starting small businesses (the “Project”); and WHEREAS, The City and its partners including the Half Moon Bay Coastside Chamber of Commerce which launched a business development center, are currently evaluating potential commercial sites for a center and have agreed that workforce development and small business support will be essential; and
WHEREAS, In addition, a business incubator, another recommendation from the Coastside Recovery Initiative, will be housed at the center. The incubator will harness the Coastside’s unique industries and assets, build entrepreneurship capacity and support business and job growth;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to:
1. Execute a grant agreement with the County of San Mateo for $2,500,000 to develop and operate a Coastside Opportunity Center in Half Moon Bay; and 11 2. Develop and release a request for proposals (RFP) to identify and retain qualified service providers to provide services and support to impacted job seekers and small businesses and entrepreneurs in an amount not to exceed $500,000. ***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 7 day of February 2023 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ATTEST: APPROVED:
___________________________ _____________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor
12
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: February 7, 2023
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Maz Bozorginia, Interim Public Works Director/City Engineer TITLE: HIGHWAY 1 PROJECT - NORTH (CIP PROJECT NO. 538) AGREEMENT AMENDMENT WITH MARK THOMAS AND COMPANY, INC.
______________________________________________________________________________ RECOMMENDATION:
Adopt resolution authorizing the City Manager to execute amendment no. 5 to professional services agreement with Mark Thomas and Company, Inc. (MTCO) for the coordination of utility relocations and construction easements in an amount of $148,892.
FISCAL IMPACT:
This project is included in the City’s Capital Improvement Program as Highway 1 Safety Operational Improvements - North (CIP Project No. 538). There are sufficient funds in the Fiscal Year 2022-23 Capital Improvement Program to fund this construction related cost. This is part of the construction cost sharing agreement with SMCTA (dated 10/19/2022) at 78% reimbursable by SMCTA for a maximum construction related reimbursement of $8.475M.
STRATEGIC ELEMENT:
This action supports the Infrastructure and Environment and Healthy Communities and Public Safety Elements of the Strategic Plan.
BACKGROUND:
The Highway 1 North project includes a new signalized intersection at Terrace Avenue and Highway 1 to provide a safe east-west crossing for pedestrians/bicyclists, protected turn movements for automobiles, consolidate access from Grand Blvd and Frontage Road and improves the Naomi Patridge Trail connection (across the previous access points to Highway 1).
The proposed improvements also include a bicycle/pedestrian (Class I) path from North Main Street to Spindrift Way on the east side (Eastside Parallel Trail) of the highway as well as extension of the four-lane highway configuration north to just south of Grandview Blvd with improved turning lanes, landscaped medians, and green infrastructure. Bus stops will also be improved in this section to provide a better experience for transit riders including ADA compliant access.
13
The Pacific Ridge Subdivision is a 63 single-unit residential subdivision under construction at the terminus of Terrace Avenue. A traffic signal and related highway improvements are required (per Conditions of Approval) at Terrace Avenue and Highway 1 to mitigate traffic impacts from the project. The City has collected the required fees in the amount of $3,119,215 for the improvements to be implemented as part of the Highway 1 North project.
On December 11, 2018, the Planning Commission adopted the Negative Declaration and approved the Coastal Development Permit for the project. Subsequently, on February 8, 2019, the California Department of Transportation approved the Permit Engineering and Evaluation Report (PEER) for the project.
DISCUSSION:
The Project Plans, Specifications, and Estimate (PS&E) has been substantially completed and in the process of final review by Caltrans for issuance of the encroachment permit. The project is currently in the utility relocation phase as well as securing construction easements in accordance with Caltrans procedures.
Utility relocations include a gas mainline, ten (10) electric poles, and two fire hydrants. The temporary construction easement includes a parcel at the southern end of Frontage Road at the future intersection of Highway 1 and Terrace Avenue (Andreotti Farms).
The additional services for MTCO include design coordination for the utility relocations and right-way clearance/easements required for the construction of the project. It is expected that the utility relocations, securing the construction easement, and Caltrans final encroachment permit will be completed by fall of 2023 for the project to be advertised by the end of 2023.
The total construction related costs are estimated at $10.875M with SMCTA contributing $8.475M (Measure A) and the City contributing $2.4M (developer/Pacific Ridge funds).
ATTACHMENTS:
1. Resolution
2. MTCO proposal
14 RESOLUTION NO. C-2023-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH MARK THOMAS AND COMPANY INC. FOR COMPLETION OF UTILITY RELOCATION AND CONSTRUCTION EASEMENTS IN AN AMOUNT OF $148,892 FOR THE HIGHWAY 1 SAFETY AND OPERATIONAL IMPROVEMENTS PROJECT – NORTH (CIP PROJECT NO. 538)
WHERAS, on April 2, 2019, the City Council executed an agreement with Mark Thomas and Company Inc. in the amount of $945,000 for the design of Highway 1 Safety and Operational Improvements Project North; and
WHEREAS, on September 6, 2022, the City Council executed a new construction funding agreement with SMCTA to accept $8.475M in funding for construction phase of the project bringing the total SMCTA funds for the project to $10.875M; and WHEREAS, the project is currently in the utility relocation phase and securing construction easements in accordance with Caltrans requirements; and WHEREAS, additional construction related services needed include design coordination for the utility relocations, right-way clearances, and easements required for the construction of the project.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager to execute amendment no. 5 to the professional services agreement with Mark Thomas and Company Inc. in the amount of $148,892 for the Highway 1 Safety and Operational Improvements Project – North (CIP Project No. 538). ******************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 7th of February 2023 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ATTEST: APPROVED:
______________________________ _______________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor
15 January 19, 2023 SJ-19102
Mr. Ray Razavi
Project Manager
City of Half Moon Bay
501 Main Street
Half Moon Bay, CA 94019
RE: Highway 1 Safety & Operational Improvements North – Additional Services Letter Dear Mr. Razavi:
At the request of the City of Half Moon Bay (City), Mark Thomas & Company, Inc. (Mark Thomas) has prepared this additional services letter for Highway 1 Safety & Operational Improvements North (Project). The additional services are needed to coordinate additional Caltrans reviews, prepare updates to a Design Standard Decision Document (DSDD) for the PG&E pole relocations, acquire a temporary construction easement, document the Caltrans right of way certification process and assist with relocation of the existing PG&E utility poles. We have also proposed the attached budget reallocation to clean up and reconcile line-item budgets to better align with where we are in the project schedule and to close out tasks that have already been completed. A detailed scope of services is provided below.
SCOPE OF SERVICES
1.0 PROJECT MANAGEMENT, ADMINISTRATION & QUALITY CONTROL Task 1.1 Project Management
Mark Thomas will supervise, coordinate, and monitor design for conformance with City and Caltrans standards and policies. This task includes general coordination and correspondence with the team, Caltrans, Coastside County Water District and PG&E as well as maintaining project files.
We will also keep the Caltrans encroachment permit for design and survey work in effect until the completion of the design work for the Project.
4.0 100% DESIGN AND BID PHASE
Task 4.9 – Update Fact Sheets
Per new Caltrans requirements, PG&E is now required to process a Design Standard Decision Document (DSDD) for relocated poles that do not meet current setback or protection requirements. Mark Thomas has prepared a DSDD for the PG&E pole relocations and will continue to support PG&E's efforts to obtain a Caltrans encroachment permit for the pole relocations. 16 January 19, 2023
This task also includes up to two (2) days of field survey staking time to assist PG&E with proposed pole relocations ahead of the roadway project construction. We assume up to two (2) days of traffic control will be required for the staking with a budget of $3,000 per day.
TASK 4.9 DELIVERABLES:
x PG&E Pole Relocation DSDD Updates
x Survey stakes (up to 2 days w/traffic control)
x All deliverables will be submitted in .pdf format
Task 4.10 – Encroachment Permit Process
The Mark Thomas Team has prepared and submitted our PS&E package on typical intervals to Caltrans. Through this process additional asks from Caltrans have been made from a design perspective that have required additional submittal packages to meet their requirements. We will prepare up to two additional PS&E packages to complete the Caltrans approval process and complete a signature-ready encroachment permit application.
As a part of the Mark Thomas team, AR/WS will perform right of way acquisition services for a temporary construction easement (TCE) at the Andreotti Farm. The TCE appears to be a minor, low value parcel acquisition which should allow for a single-agent approach, which includes the preparation of a waiver valuation in lieu of an appraisal report and review appraisal report. This approach is acceptable to Caltrans and if successful may save time and budget. However, if this approach does not lead to a successful settlement with the property owner it does not allow the City to proceed with the eminent domain process, if necessary. It is assumed AR/WS will obtain a current Preliminary Title Report for the property.
AR/WS will provide the property owner with a Notice of Decision to Inspect. Upon City approval, the notice will be finalized by AR/WS, signed by the City, and sent with all the required maps and enclosures by AR/WS on City letterhead. AR/WS will estimate the cost for a temporary construction easement from 1 property with 1 owner and deliver the estimate in Waiver Valuation format. After initial contact, AR/WS will negotiate to acquire a temporary construction easement with the property owner and it is assumed there are no lessees. If agreement with the property owner cannot be reached, AR/WS will advise the City that negotiations have reached an impasse.
If settlement with the property owner is reached pursuant to the City-approved waiver valuation or City-approved administrative settlement, AR/WS will prepare a Memorandum of Settlement for transmittal to City, reviewing the issues. This memorandum will require City’s written approval before implementation of any settlement agreement.
If needed, AR/WS will coordinate escrow closings and review escrow instructions. Preparation of escrow instructions will be completed by the title company. Approval of conditions of title and escrow instructions, including but not limited to, “subject to” title exceptions, will be done by the City.
17 January 19, 2023
Mark Thomas will prepare an appraisal map and plat and legal description (if required) for the TCE at the Andreotti Farm.
AR/WS will coordinate with the team for preparation of the Right of Way Certification and will provide a Draft Right of Way Certification for approval by City, in accordance with the Caltrans Right of Way Manual. After review and approval by the City, AR/WS will submit supporting documentation along with the Right of Way Certification to Caltrans for approval. Supporting documentation may include right of way contracts, Orders for Prejudgment Possession, diary notes, right of way sufficiency forms, Agreements for Possession and Use, and deeds.
TASK 4.10 DELIVERABLES:
x Final PS&E
x Signature Ready Encroachment Permit Application
x Utility Certification
x Draft Notice of Decision to Inspect
x Waiver Valuation
x Draft Acquisition Documents
x Memorandum of Settlement and Signed Agreements
x Appraisal Map
x Plat and Legal Description (if required)
x Draft and Final Right of Way Certification
x All deliverables will be submitted in .pdf format
FEE ESTIMATE
Attached is a detailed cost breakdown and reallocation for the additional services along with our current rate schedule.
Fee Breakdown T&M NTE Amount
Task 1.1 – Project Management $23,809.39
Task 4.9 – Update Fact Sheets $21,782.77
Task 4.10 – Encroachment Permit Process $97,299.76
Other Direct Costs $6,000.00
ADDITIONAL SERVICES TOTAL $148,891.92
SCHEDULE
The current contract expires June 30, 2023. We are requesting an extension through December 31, 2023 in order to complete the scope above.
Thank you for the opportunity to provide these additional services for the Highway 1 Safety & Operational Improvements North Project. Please give me a call if you need additional information or have any questions regarding this proposal.
18 January 19, 2023
Sincerely,
MARK THOMAS
Shawn O’Keefe, PE, QSD
Principal + Vice President
Accepted:
Signature
Name/Title
Date
MARK THOMAS
Shawn O’Keefe PE QSD
19 Sr. Engineering
Manager
Project Manager
Project Engineer
Design Engineer II
Survey Manager
Project Surveyor
2 Person Field Crew
Sr. Project
Coordinator
Associated Right of
Way Services, Inc.
(AR/WS)
$399 $253 $191 $175 $263 $219 $390 $171
1.0 PROJECT MANAGEMENT, ADMINISTRATION & QUALITY CONTROL1.1 Project Mangement 24 40 24 88 $23,809.39 $0.00 $23,809.39 Subtotal Phase 1 24 40 0 0 0 0 0 24 88 $23,809.39 $0.00 $23,809.39
4.0 100% DESIGN AND BID PHASE4.9 Update Fact Sheets 8 16 16 4 12 20 76 $21,782.77 $0.00 $21,782.774.10 Encroachment Permit Process 20 80 120 120 4 40 8 392 $83,299.76 $14,000.00 $97,299.76 Subtotal Phase 4 28 96 136 120 8 52 20 8 468 $105,082.54 $14,000.00 $119,082.54 TOTAL HOURS 52 136 136 120 8 52 20 32 556 0
OTHER DIRECT COSTS $6,000 $0 $6,000
TOTAL COST $20,748.00 $34,432.97 $25,936.38 $21,001.18 $2,101.72 $11,387.10 $7,809.85 $5,474.73 $134,891.92 $14,000.00 $148,891.92
TOTAL COST
COST PROPOSAL FOR PROJECT SCOPE - Half Moon Bay: SR 1/North Main Street - AM 5 Total MT Cost
Mark Thomas
Total Hours
Subconsultants
Please note that the rates shown are for estimating purposes only. See rate schedule for actual rates/ranges. 1/19/2023 20
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: February 7, 2023
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
TITLE: UPDATE ON THE JANUARY 23, 2023 MASS SHOOTING INCIDENT ______________________________________________________________________________ RECOMMENDATION:
Receive an update on the January 23, 2023 Mass Shooting Incident, which took place at two farms in and around Half Moon Bay, and left seven souls deceased, one critically injured, and dozens more directly impacted.
FISCAL IMPACT:
There is no fiscal impact associated with this update.
STRATEGIC ELEMENT:
This recommendation supports the Healthy Communities and Public Safety and Inclusive Governance Elements of the Strategic Plan.
BACKGROUND:
On January 23, 2023, the Half Moon Bay community was traumatized by a mass shooting event that occurred in Half Moon Bay and the County of San Mateo. The shooter attacked individuals at a nursery along the 2100 block of Cabrillo Highway South (Highway 1) in Half Moon Bay, California and at a nursery along the 12700 block of San Mateo Road (Highway 92) in nearby San Mateo County, California.
The shooter killed seven people, critically injured one person, and caused psychological injuries and trauma to the dozens of other persons present and the San Mateo County Coastside community as a whole. The victims were all farmworkers.
Since the incident, the Coastside community has rallied together to grieve with the victims and their relatives, support the displaced families, and lift the community as a whole to help heal from the trauma of these tragic and senseless acts. Local non-profits, government agencies, and volunteers have worked nonstop since that day to bring services and support to the impacted families, and are collecting donations to provide for their short and long-term needs. Several events and vigils have been held which brought hundreds of locals and friends together to honor the victims and mourn the tragedy that has impacted the entire community. 21
The February 7, 2023, meeting of the Half Moon Bay City Council will be dedicated in the honor of the victims and impacted individuals, and to provide a forum to talk about the impacts of this incident and how we can move forward as a community.
DISCUSSION:
Along with the individuals physically injured by the attacks, close to twenty households were displaced when the two workplaces, where workers and their families also lived, became crime scenes. Over the past two weeks, these households have been provided support including housing, food, mental and physical health services, legal assistance, immigration services, and many other resources to help them stabilize, mourn, and learn to live with the trauma they’ve experienced, which will likely impact them the rest of their lives.
One of the unexpected outcomes of this tragedy was a better understanding of the poor conditions these households have lived in on the farms, which are common among many of the Coastside’s farmworkers and service workers. Through this knowledge, federal, state, and local leaders have committed to supporting affordable housing opportunities through financial and legislative actions, which will streamline the development of needed housing on the Coastside and throughout the region. All agree that there is an opportunity to do more for residents of our community who struggle to make ends meet while helping to maintain the high quality of life that many who live and visit the Coastside take for granted.
The City would like to acknowledge all those who have worked tirelessly in the past, as well as during this current crisis, to support the community and our most vulnerable residents, including: Abundant Grace Coastside Worker, Ayudando Latinos A Soñar (ALAS), Coastside Hope, El Centro de Libertad, the Half Moon Bay I.D.E.S. Society, Senior Coastsiders, Boys & Girls Club of the Coastside, Chamber of Commerce, and other non-profit service providers; local faith groups and religious leaders; first responders and volunteers; federal and state elected officials; the County of San Mateo; and our City staff, who remain dedicated to serving the community each and every day. We’d also like to recognize the community at large who have given time, money, food, goods and services from to help their neighbors overcome traumatic event. 22
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: February 7, 2023
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Catherine Engberg, City Attorney
Karen Decker, Economic and Community Vitality Manager
TITLE: DECLARATION OF LOCAL EMERGENCY AND EXECUTIVE ORDER ESTABLISHING A
CENTRALIZED COASTSIDE VICTIMS AND FAMILY SUPPORT FUND
______________________________________________________________________________ RECOMMENDATION:
Adopt a resolution declaring a local emergency resulting from the January 23, 2023 Mass Shooting Incident and authorizing the City Manager to issue an Executive Order establishing a Coastside Victims and Family Support Fund at the San Mateo Credit Union Community Fund in partnership with Mavericks Community Foundation.
FISCAL IMPACT:
None associated with this action.
STRATEGIC ELEMENT:
This recommendation supports the Fiscal Sustainability, Healthy Communities and Public Safety, and Inclusive Governance Elements of the Strategic Plan.
BACKGROUND:
On January 23, 2023, the Half Moon Bay community was traumatized by a mass shooting event that occurred in the City of Half Moon Bay and the County of San Mateo. The shooter attacked individuals at a nursery along the 2100 block of Cabrillo Highway South (Highway 1) in Half Moon Bay, California and at a nursery along the 12700 block of San Mateo Road (Highway 92) in nearby San Mateo County, California.
The shooter killed seven people, critically injured one person, and caused psychological injuries and trauma to the dozens of other persons present and the San Mateo County Coastside community as a whole. The victims were all farmworkers.
As a result of this tragic event, the City’s resources have been stretched thin. City staff in coordination with its local partners were already addressing the local emergency declared on January 1 resulting from the 2023 Winter Storm systems. The City is now addressing the 23
aftermath of a violent and traumatic event that requires extensive resources. Moreover, the incident revealed that the victims and other farmworkers are living in substandard living conditions, necessitating increased code enforcement and housing efforts by City and County staff.
Donors from the Coastside community and beyond have generously contributed funds to local nonprofits, and through individual GoFundMe sites. These donations have already assisted the victims and their families with short-term needs.
City staff has researched options for providing longer term support to the victims and their families by way of a centralized Victim Fund. The model for such a fund was first developed by Ken Feinberg for the 9/11 victims, and used by other communities (e.g., Thousand Oaks, Uvalde, and Boston One Fund) following mass shooting events. Such a fund would result in 100 percent of monies raised going directly to those most impacted by the tragic mass shooting, including to family members / next of kin of those whose lives were taken, victims that sustained serious injury requiring hospitalization, and others who have experienced physical and/or emotional harm. A centralized Victim Fund would provide grants to individuals regardless of citizenship status.
DISCUSSION:
Based upon the advice from other communities that previously dealt with similar mass casualty incidents, City staff recommends the establishment of a centralized Victim Fund und to address long-term needs such as Post Traumatic Stress Disorder, educational tuition, medical bills, and behavioral health treatment. A key feature of the proposed fund is transparency and oversight.
The City Council of the City of Monterey Park likewise established this type of fund last week, following its mass shooting tragedy that took place just two days prior to ours.
The San Mateo Credit Union (SMCU) Community Fund and the Mavericks Community Foundation, two well-respected charitable organizations, have agreed to collaborate pursuant to terms of an MOU to create a Victim Fund as a vehicle whereby donations could be channeled to provide relief for the victims who suffered loss and thereby lessen the governmental burdens of fielding inquiries relating to disaster relief payments.
To implement this fund, the City must issue an Executive Order. The proposed Executive Order names the SMCU Community Fund as the charitable entity that will create a designated fund for accepting donations and making grants to victims. SMCU Community Fund has agreed to accept donations up to $500,000 without assessing a fee.
Mavericks Community Foundation will serve in partnership, and be responsible for convening and providing staffing support to the Oversight Committee. The Committee would develop the distribution protocol through a public process, and would determine the time period / closing date of the fund. The Committee would also take steps to ensure there was full transparency on money raised / money spent and adherence to the protocol. The Executive Order proposes that the Oversight Committee membership include:
24
a. Representative of the Chinese American Coastside farmworker community or service provider
b. Representative of the Latino Coastside farmworker community or service provider
c. Victims advocate
d. Former regional elected official
e. Representative of SMCU Community Fund
f. Representative of Mavericks Community Foundation
The City Council may wish to propose additional membership categories. SMCU Community Fund and Mavericks Community Foundation will work in partnership to appoint these, or other, persons as may be desirable to the Oversight Committee, which typically ranges in size from five to seven individuals.
SMCU Community Fund is prepared to handle making grants directly to individuals.
Conveniently, SMCU has a branch office in Half Moon Bay with Saturday hours. SMCU also has capacity to work with individuals who may be unbanked and / or undocumented.
CONCLUSION:
The Shootings have left a permanent scar on the hearts of Coastside community members. This action would declare a local emergency resulting from the Shootings pursuant to Government Code section 8630. The centralized Coastside Victims and Family Support Fund proposes to take swift and transparent action towards compensating those most seriously affected.
ATTACHMENTS:
1. Resolution declaring a local emergency resulting from the January 23, 2023 mass shooting event and authorizing the City Manager to issue an Executive Order
2. Proposed Executive Order
25 Resolution No. C-2023-____
RESOLUTION DECLARING A LOCAL EMERGENCY RELATED TO THE JANUARY 23, 2023 MASS
SHOOTING EVENT AND AUTHORIZING CITY MANAGER TO SIGN EXECUTIVE ORDER WHEREAS, pursuant to California Government Code Sections 8680.9 and 8558(c), a local emergency is a condition of extreme peril to persons or property proclaimed as such by the local agency affected by a natural or manmade disaster; WHEREAS, the purpose of a local emergency proclamation is to provide extraordinary police powers, immunity for emergency actions, authorize issuance of orders and regulations, request state or federal assistance, and activate pre-established emergency provisions; WHEREAS, a local emergency proclamation is a prerequisite for requesting state or federal assistance; and
WHEREAS, the Director of Emergency Services is identified in the Half Moon Bay Municipal Code as the City Manager and is provided powers delineated in Municipal Code Section 2.25.060; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, based on the following:
1) On January 23, 2023, a mass shooting occurred in the City of Half Moon Bay and the County of San Mateo when a shooter attacked individuals at a nursery along the 2100 block of Cabrillo Highway South (Highway 1) in Half Moon Bay, California and at a nursery along the 12700 block of San Mateo Road (Highway 92) in nearby San Mateo County, California (collectively, the “2023 Half Moon Bay Shootings”); 2) The shooter killed seven people, critically injured one person, and caused psychological injuries and trauma to the dozens of other persons present and the Half Moon Bay, California community as a whole;
3) The dead and injured included residents of Half Moon Bay, California and the San Mateo County Coastside;
4) The 2023 Half Moon Bay Shootings revealed that the victims and other farmworkers are living in substandard living conditions, necessitating increased code enforcement efforts by City staff;
5) The need for increased public safety personnel, first responders, public health professionals, community development, code enforcement and other officials to work long hours both in direct response to the shootings, in investigating the crime scenes, housing conditions, and in dealing with the aftermath further stressed City resources;
6) As a result of this tragic event, the City’s resources have been stretched thin: it was already addressing the local emergency declared on January 1 resulting from the 26 2023 Winter Storm systems and it is now addressing the aftermath of a violent and traumatic event that requires extensive resources.
WHEREAS, the above facts give rise to conditions of extreme peril to the safety and health of persons within the City; and
WHEREAS, these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and the efforts required to respond to, mitigate, and recover from the severe local flooding events have and will continue to impose extraordinary requirements and expenses on the City, requiring diversion of resources from day-to-day operations; and
WHEREAS, the outpouring of support from federal, state, local and private sources has been overwhelmingly appreciated by the City Council and City administration. Additionally, persons all over the world have donated funds to local nonprofits to assist with victims, their families, and other persons suffering as a result of the January 23 event; and WHEREAS, the City anticipates partnering with local community foundations including, San Mateo Credit Union Community Fund and Mavericks Community Foundation, to create the “Coastside Victims and Family Support Fund.”
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED THAT:
1. Local Emergency. A local emergency exists commencing January 23, 2023 related to the shooting incident of the same date that resulted in the murder of seven individuals and severely wounding of one other. During the existence of said local emergency, the powers, functions and duties of the City Council, the Director of Emergency Services and the Emergency Organization of the City shall be those prescribed by state law, ordinances, resolutions and administrative policies of this City and by the City of Half Moon Bay Emergency Plan.
2. Authorization of Executive Order. The City Council authorizes the City Manager to execute the Executive Order establishing the Coastside Victims and Family Support Fund. 27 ***************************************************************** I, the undersigned, hereby certify that the foregoing resolution was duly passed and adopted on the 7th day of February 2023 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ATTEST: APPROVED:
___________________________ _____________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor
28 EXECUTIVE ORDER ESTABLISHING
THE COASTSIDE VICTIMS AND FAMILY SUPPORT FUND
AT THE SMCU COMMUNITY FUND AND IN PARTNERSHIP WITH
THE MAVERICKS COMMUNITY FOUNDATION
WHEREAS, on January 23, 2023, a mass shooting occurred in the City of Half Moon Bay and the County of San Mateo when a shooter attacked individuals at a nursery along the 2100 block of Cabrillo Highway South (Highway 1) in Half Moon Bay, California and at a nursery along the 12700 block of San Mateo Road (Highway 92) in nearby San Mateo County, California (collectively, the “2023 Half Moon Bay Shootings” or “Shootings”); and WHEREAS, the shooter killed seven people, critically injured one person, and caused psychological injuries and trauma to the dozens of other persons present and the Half Moon Bay, California community as a whole; and
WHEREAS, the dead and injured included residents of Half Moon Bay, California and the San Mateo County Coastside; and
WHEREAS, both shootings occurred at local farms that employed and housed farmworkers and farmworkers’ families, about 20 households were displaced in the immediate aftermath of the violence; and
WHEREAS, the need for round-the-clock social service coordination including temporary and immediate housing, meal deliveries, transportation, medical and psychological treatment, clothing and basic aide resulted in the mobilization of City of Half Moon Bay, County of San Mateo, nonprofit, and public safety personnel, first responders, public health professionals, community development, code enforcement and other officials in direct response to the shootings, in investigation of the crime scenes, housing conditions, and in dealing with the aftermath further stressed City resources; and
WHEREAS individuals, including residents of the City of Half Moon Bay and the County of San Mateo, other residents of California, and people throughout the country, as well as several nonprofit organizations and businesses, exhibited extraordinary generosity in seeking to help those who were most impacted by the Shootings; and
WHEREAS, the City of Half Moon Bay recognizes the burdens imposed on it to field inquiries for community support, collect gifts and monetary donations and ensure appropriate distribution, assist the victims in receiving both financial and other restitution, and provide a vehicle to centralize the community’s efforts to assist those affected by the 2023 Half Moon Bay Shootings; and
WHEREAS, Coastside nonprofits such as ALAS and Coastside Hope, local businesses, and numerous community members have provided immediate aid and support to the victims and 29 their families, but there is a need for ongoing support and resources that can be provided by a single compensation fund; and
WHEREAS, the San Mateo Credit Union Community Fund and the Mavericks Community Foundation, two well-respected charitable organizations, have agreed to collaborate pursuant to terms of a MOU to create the Coastside Victims and Family Support Fund as a vehicle whereby donations could be channeled to provide relief for the victims who suffered loss and thereby lessen the governmental burdens of fielding inquiries relating to disaster relief payments; and
WHEREAS, the City of Half Moon Bay has entrusted SMCU Community Fund and the Mavericks Community Foundation to lessen those governmental burdens by creating a centralized vehicle for receiving and distributing those contributions, fielding inquiries for community support, assisting victims in receiving both financial and other restitution, and providing a vehicle to centralize the community’s efforts to assist those affected by the Shootings; and WHEREAS the City of Half Moon Bay anticipates that all of the funds collected will be distributed to those individuals and families most affected by the Shootings free of tax and regardless of citizenship status; and
WHEREAS, the City of Half Moon Bay anticipates that the Coastside Victims and Family Support Fund will receive a continuing stream of private, philanthropic, and public contributions thereafter to continue to provide support for those affected by the Shootings beyond the immediate aftermath; and
WHEREAS, to decrease the likelihood of people and organizations inadvertently donating funds to fraudulent charities, it was deemed prudent to direct the SMCU Community Fund and the Mavericks Community Foundation to operate the Coastside Victims and Family Support Fund as the sole vehicle where donations could be channeled that would address the loss suffered by victims and thereby lessen the governmental burdens; and WHEREAS, the Coastside Victims and Family Support Fund will be used to address these concerns;
NOW, THEREFORE, I, Matthew Chidester, City Manager of the City of Half Moon Bay, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The 2023 Half Moon Bay Shootings constitutes a disaster which warrants assistance from governments, agencies and instrumentalities thereof in accordance with Section 139 of the Internal Revenue Code.
30 2. The Coastside Victims and Family Support Fund be jointly operated by SMCU Community Fund and the Mavericks Community Foundation, the purpose of which shall be to lessen the governmental burdens generally caused by the 2023 Half Moon Bay Shootings by alleviating the suffering of those directly harmed by that event.
3. The City of Half Moon Bay hereby designates the Coastside Victims and Family Support Fund to (i) provide a single vehicle to receive contributions which immediately began pouring in from the public in the wake of the Shootings, and thereby avoid the misdirection of donations to fraudulent organizations; (ii) provide the infrastructure to coordinate the collection, administration and distribution of these funds in a manner consistent with the City’s interest in assisting the victims of the attacks with financial and other restitution; (iii) act as a central resource to allow those affected by the Shootings to find appropriate and reputable services; and (iv) maintain the infrastructure that would allow it to respond immediately to needs in the event of a similar tragedy, upon issuance of an Executive Order pertaining to another tragedy, in order to lessen the governmental burdens set forth above.
4. The City of Half Moon Bay hereby agrees to the establishment of the Oversight Committee of the Coastside Victims and Family Support Fund. The Oversight Committee shall be responsible for developing protocols for the distribution of financial assistance to those most seriously affected by the Shootings. The City recommends that the Oversight Committee include:
a. Representative of the Chinese American Coastside farmworker community or service provider
b. Representative of the Latino Coastside farmworker community or service provider
c. Victims advocate
d. Former regional elected official
e. Representative of SMCU Community Fund
f. Representative of Mavericks Community Foundation
SMCU Community Fund and Mavericks Community Foundation will work in partnership and by mutual agreement to appoint these, or other, persons as may be desirable to the Oversight Committee. The Mavericks Community Foundation shall be responsible for convening the Oversight Committee, including but not limited to, coordinating meeting times, setting agendas, outreach to victims, determining the life of the fund, and working with the SMCU Community Fund to distribute funds.
5. No officer or employee of the City shall directly or indirectly solicit funds from the Coastside Victims and Family Support Fund.
6. Under no circumstances shall the contribution of any individual or corporation having business before the City or any agency thereof influence the decision of city officials in 31 acting on such business.
7. Should any officer or employee of the City have reason to believe that such contribution is in fact improperly influencing city officials, the reasons for such belief shall be immediately communicated to the City Manager or any other appropriate investigatory office, officer, or body.
8. This Executive Order shall remain in effect until terminated by the City Manager.
Dated: February 7, 2023
______________________________
MATTHEW CHIDESTER
City Manager
32