Article 6. Contract Documents
6.1 Contract Documents consist of the Project Manual and include the following documents, and all changes, Addenda, and Modifications thereto:
Document 00 10 00 Notice Inviting Bids
Document 00 21 00 Instructions to Bidders
Document 00 24 13 Scopes of Bids
Document 00 41 00 Bid Proposal
Document 00 41 70 Addenda Acknowledgement
Document 00 51 00 Notice of Award
Document 00 52 00 Contract Agreement
Document 00 61 13.13 Construction Performance Bond
Document 00 61 13.16 Construction Labor and Material Payment Bond Document 00 72 00 General Conditions
Document 00 73 00 Special Conditions
General Requirements
Technical Specifications
Drawings Sheet L1.0 thru E2.1
6.2 The Contract Documents may only be amended, modified or supplemented as provided in Document 00 72 00.
Article 7. Miscellaneous
7.1 Terms and abbreviations used in this Agreement are defined in Document 00 72 00 and Section 01 42 16 (Definitions) and will have the meaning indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents without the City’s prior approval. Any assignment of any portion of the Contract Documents without the City’s prior written approval shall be deemed null and void. Contractor may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contract Code Section 4100, et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers
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Consultant Services Agreement between the City of San Bruno and Suarez Munoz Construction Inc. for Florida Avenue Park Project 09/04/Term
and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City’s Office, and shall be made available to any interested party on request. Pursuant to California Labor Code Section 1861, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.
7.7 Should any part, term or provision of this Agreement or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference (or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion).
7.8 This Agreement and the Contract Documents shall be deemed to have been entered into in the City of San Bruno, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in San Mateo County Superior Court.
Contractor accepts the terms of Document 00 72 00, Article 12, as a claims procedure by agreement under the California Government Code, Title 1, Division
3.6, Part 3, Chapter 5.
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Consultant Services Agreement between the City of San Bruno and Suarez Munoz Construction Inc. for Florida Avenue Park Project 09/04/Term
IN WITNESS WHEREOF the parties have executed this Agreement in duplicate the day and year first above written.
CONTRACTOR: SUAREZ & MUNOZ CONSTRUCTION INC.
By: By:
Martin Munoz, President John P. Suarez, Secretary/Treasurer Contractor’s San Bruno Business License Number: 07523748 Contractor’s State License: #873966
CITY OF SAN BRUNO
By: Date:
Alex McIntyre, City Manager
City of San Bruno
APPROVED AS TO FORM:
By: ________
Trisha A. Ortiz, City Attorney | Date
Contract Approved by City Council on __________________ ATTEST
___________________________________
Lupita Huerta, City Clerk | Date
Attachments:
Construction Performance Bond (Document 00 61 13.13)
Construction Labor and Materials Payment Bond (Document 00 61 13.16)
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Consultant Services Agreement between the City of San Bruno and Wilsey Ham for Florida Avenue Park Project 09/04/2024
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into as of the 4th of September 2024, by and between the CITY OF SAN BRUNO (“City”), a municipal corporation, and Wilsey Ham, a California corporation, with offices located in San Mateo (“Consultant”).
RECITALS
WHEREAS, City desires to engage Consultant to provide Project Management Services for the Florida Avenue Park Construction
WHEREAS, Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement.
WHEREAS, Consultant has affirmed its willingness and ability to perform such work.
It is agreed between the City of San Bruno, California, and Consultant as follows:
1. Term. The term of this Agreement shall commence on the signing of this contract, and shall terminate two-hundred fifty days from the City’s notice of award, unless the term of the Agreement is otherwise extended or terminated, as provided for in Section
14. The time for completion of the contracted work shall only be extended by written approval of the City Manager.
2. Scope of Services to be performed. Consultant shall diligently perform all the services described in the Project Description & Scope of Services attached hereto as Exhibit A and incorporated herein by reference. In summary, the scope of service includes but is not limited to preconstruction meetings and material testing coordination, construction oversight, meeting attendance, and project closeout. The City may elect to delete certain tasks of the Scope of Services at its sole discretion.
3. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. The time for completion of the contracted work shall only be extended by written approval of the City Manager as provided for in Section 1.The failure of Consultant to strictly adhere to the project schedule to or complete duties in a timely fashion as determined by the City may result in termination of this Agreement by the City.
4. Compensation to Consultant. City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Compensation Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant’s compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub-consultant fees, shall not exceed Two hundred twenty nine thousand six hundred seventy four dollars and no/100 ($229,674.00) without additional authorization from the City Manager. No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City Manager. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, this Agreement shall prevail. 158 of 237
ATTACHMENT 4
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Consultant Services Agreement between the City of San Bruno and Wilsey Ham for Florida Avenue Park Project 09/04/2024
4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant’s bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City.
Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant:
A. The actual costs of sub consultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically authorized in advance by the City Manager in writing and incurred by Consultant in the performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of the City Manager. As used herein, “Extra Work” means any work that is determined by City Manager to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement.
4.5 Consultant is solely responsible for all of its recurring business costs, including, but not limited to the payment of all taxes, business permit fees, professional licenses and overhead and shall not separately charge those costs to the City.
5.Designated Staff Contact. The Community Services Director will be responsible for monitoring performance of this agreement.
6.Standard of Performance. All of the services shall be performed by Consultant or under Consultant’s supervision. Consultant represents that it posses the professional and technical personnel required to perform the services required by this agreement and that it
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will perform all services in a manner commensurate with community professional standards.
Qualified and experienced personnel who are not employed by the City shall perform all services, nor have any contractual relationship with the City.
7.Relationship of the Parties. Consultant agrees and understands that the work/services performed under this Agreement are performed as an Independent Consultant and not as an employee or agent of the City and that Consultant acquires none of the rights, privileges, powers or advantages of City employees. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or agent of the City. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind the City to any obligation whatsoever.
8.Insurance. Consultant shall return an executed copy of this Agreement with proof of insurance and endorsements to insurance coverage satisfactory to the City that shows that on or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement insurance coverage as follows: a) statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant with limits not less than $2,000,000, b) Commercial General and Automobile Liability insurance in an amount not less than two million dollars per occurrence, naming the City, its officers, officials and employees as additional insureds, and c) professional liability insurance for licensed professionals performing work pursuant to this agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Consultant shall not allow any sub Consultant to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the sub Consultant.
9.Indemnification and General Liability. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless City and its Council, officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, suits, actions, losses, costs, damages, injuries (including, without limitation, economic harm, injury to or death of an employee of Consultant or its Subconsultants), expenses and liabilities of every kind, nature and description, at law or equity (including, without limitation, incidental and consequential damages), and reasonable attorneys’ fees and costs, litigation expenses, court costs, and fees of expert consultants or expert witnesses, and costs of investigation (collectively “Defense Costs”) that arise from, relate to or pertain to, directly or indirectly, in whole or in part, any negligent or reckless act or omission or any willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”).
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnitees except to the extent that liability is caused by the Indemnitees’ sole negligence, active negligence, or willful misconduct, but shall apply to all other Liabilities.
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Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence, or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
10.Advice and Status Reporting. Consultant shall provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder.
11.Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this agreement. If City asks Consultant to remove a person assigned to the work called for under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
12.Assignment and Subcontracting. Consultant shall not assign this Agreement or any portion thereof to a third party without the prior written consent of City, and any attempted assignment without such prior written consent in violation of this Section shall automatically terminate this Agreement. Unless otherwise specified in Exhibit A, Consultant shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City.
13.Ownership of Documents. All work product produced by Consultant or its agents, employees, and sub Consultants pursuant to this Agreement is the property of the City. In the event this Agreement is terminated, all work product produced by Consultant or its agents, employees or sub-Consultants shall be delivered at once to the City.
14.Termination of Agreement. The City may, at any time from execution of Agreement, terminate this Agreement, in whole or in part, for the convenience of the City, by giving written notice specifying the effective date and scope of such termination. In the event of termination, all finished or unfinished documents, shall immediately become the property of the City and shall be promptly delivered to the City as per above. In the event of termination, Consultant shall be paid for all work satisfactorily performed until termination, except where the contracting department determines the quality or quantity of the work performed is unacceptable. Such payment shall be that portion of the full payment, which is determined by the City Manager by comparing the work/services completed to the work/services required by this Agreement.
15.Standard of Care and Payment of Permits/Licenses. Consultant represents and warrants it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession and to perform said work/services or forfeit any right to compensation under this Agreement. Consultant shall maintain a City of San Bruno business license during the term of this Agreement.
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16.Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
17.Retention of Records. Consultant shall maintain all records related to this Agreement for no less than three years after the City makes final payment or after termination of this contract and all other pending matters are closed. All records shall be subject to the examination and/or audit by agents of the City, the State of California and/or Federal grantor agencies.
18.Merger Clause. This Agreement, including any exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date.
Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the City Manager. In the event of a conflict between the terms, conditions, or specifications set forth herein and those in the exhibits attached hereto, the terms, conditions, or specifications set forth herein shall prevail. This Agreement, or facsimile proposal of the Agreement, constitutes the entire Agreement between City and Consultant.
19.Waiver, Severability, Choice of Law, Venue. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement can be reasonably interpreted to give effect to the intentions of the parties. The laws of the State of California shall govern this Agreement and all matters relating to it and venue for state court shall be in San Mateo County Superior Court, Redwood City and for federal court in San Francisco.
20.Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, the County of San Mateo, and the San Bruno Municipal Code. To the extent this Agreement calls for a “public work” as defined by state law, prevailing wages shall be paid pursuant to Cal. Labor Code 1720, et seq.
21.Conflict of Interest.
a.In general. Consultant represents and warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances that could give rise to a “conflict of interest,” as that term is defined in the Political Reform Act, as codified at California Government Code Section 81000, et seq., on the part of the Consultant, or that Consultant has already disclosed all such relevant information in writing.
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b.Subsequent Conflict of Interest. Consultant agrees that if an actual or potential conflict of interest in the part of the Consultant is discovered after award, the Consultant will make a full disclosure in writing to the City. This disclosure shall include a description of the actions, which the Consultant has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict and shall take all such steps within thirty (30) days.
c.Interests of City officers and staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Consultant nor any member of the Consultant’s family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Consultant’s operations or authorizes funding Consultant.
22.Confidentiality. All communications and documents, including drafts, preliminary drawings, or plans, notes that result from the services under this Agreement, shall be kept confidential unless City authorizes in writing to release the information or document. Consultant understands the City is a public agency and is subject to laws that may compel it to disclose information about Consultant’s business.
23.Independent Contractor. City is retaining consultant on an independent contractor basis and Consultant is not an agent or employee of City. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant’s employees or agents to be the agents of the City. Anything in this Agreement that may appear to give the City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
24.Consultant. Notices required by this Agreement, and invoices for payments due shall be mailed to:
City of San Bruno
Attention: Travis Karlen, Director
Community Services Department
567 El Camino Real
San Bruno, CA 94066
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Notices to Consultant shall be mailed to
Wilsey Ham
Attention: Brandon Davis, President
P.O. Box H
San Mateo, CA 94402
25. Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed materials on recycled paper, and to use recycled products, where possible and economically feasible, for the work subject to this Agreement.
26. Solicitation. Consultant agrees not to solicit any business at any meeting, focus group or interview related to this Agreement, either orally or through any written materials.
27. Alternative Dispute Resolution. If any dispute arises between the parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
(a)Each party shall designate a senior management or executive level representative to negotiate any dispute;
(b) The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority. (c)If the issue remains unresolved after ten (10) days of good faith negotiations, the parties shall attempt to resolve the disagreement by negotiation between legal counsel. If the above process fails, the parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.
(d) The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days and shall be concluded within 15 days from the commencement of the mediation.
(e)The parties shall equally bear the costs and fees of any third party in any alternative dispute resolution process.
(f)The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et. Seq.
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28. Attorneys Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Attorneys fees and related costs incurred by the parties in conjunction with Section 27 shall be borne by the incurring party.
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Consultant Services Agreement between the City of San Bruno and Wilsey Ham for Florida Avenue Park Project 09/04/2024
THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES
CONSULTANT: CITY:
____________________ _________________________________ Brandon Davis, PE Alex McIntyre
President, Wilsey Ham City Manager, City of San Bruno
94-1354599
Consultant’s Tax I.D.
07511554
Consultant’s San Bruno Business License Number
APPROVED AS TO FORM:
_______________________________
Trisha Ortiz
City Attorney
Contract Approved by City Council on ________ (date)
ATTEST
_______________________________
Lupita Huerta, City Clerk
Attachments: Exhibit A – Project Description & Scope of Services Exhibit B – Compensation Schedule
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Exhibit A – Project Description & Scope of Services
Task 1 – Preconstruction
The following work is included in this task:
1. Preconstruction meetings. Up to eight (8) meetings included.
2. Coordinate material testing as required.
3. Review and provide recommendation to City on traffic control plans as needed.
4. Neighborhood coordination. Up to four (4) meetings with the neighborhood are included.
Deliverables:
•Preconstruction meeting minutes.
•Written recommendation for testing and inspection laboratory with rate sheets and projected overall fees for the Project.
•Summary log of all suggested/requested changes by stakeholders including actions required, responsibility and final disposition for each item. •Written review and recommendation for modifications or approval of Contractor’s Site
•Safety Plan, including traffic control measures.
•Summary of neighborhood meetings
Task 2 – Construction Oversight
The following work is included in this task:
1. General oversight of the project during construction phase. Closeout oversight is included in Task 4.
2. Review and respond to/coordinate responses to RFIs by contractor. Up to 75 RFI’s are included.
3. Review and respond to/coordinate responses to submittals by contractor. Up to 50 submittals/re-submittals are included.
4. Monitor contractor's performance. We assume a maximum of four hours twice a week for the duration of the project.
5. Coordinate inspections with City staff as needed.
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6. Review and approve contractor's monthly progress payments. Up to ten (10) payments.
7. Prepare and negotiate construction change orders (CO) with contractor for City's approval. We assume a maximum of 20 CO’s. (This is based on all CO’s, including contractor and City initiated.)
8. Analyze and prepare reports on all activities and transactions related to the Project.
Up to ten (10) reports included.
9. PG&E coordination.
Deliverables:
•Weekly RFI and Submittal logs. Review logs at weekly meeting and distribute to all applicable parties. Store all items in applicable electronic folder in Document Control system.
•Written Inspection protocol for the Contractor and utilize. Inspections protocol to coordinate all Special Testing & Inspection activities as well as City and/or Agency Inspections. Update inspection log weekly and file in Document Control folder.
•Written review comments on Contactor’s monthly payment requests and schedule updates within 48 hours of receipt. If accepted, or after revisions are accepted, forward promptly to the City with recommendation(s) to process payment.
•Change Log with each change request quantified and categorized. Written review for each item and distributed to the Architect and City representative with recommendations for approval, modification, or rejection. Include Change Log with distribution of monthly meeting minutes.
•Monthly Project reports will include schedule and cost updates, current issues, RFI and submittal status, testing and inspections status and project photos.
Task 3 – Meetings
The following work is included in this task:
1. Attend field meetings with the contractor and City staff as needed. We have included up to 24 field meetings during construction.
2. Lead and attend weekly progress meetings and other Project meetings as needed.
Prepare agendas, conduct meetings, prepare, and distribute minutes. Up to forty (40) weekly progress meetings are included.
3. Attend bi-weekly meetings, facilitated by others, on the progress of the project with the Park Services Manager and Community Services Manager. A maximum of 20 bi-weekly meetings are included.
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4. Additional meetings as required. Up to eight (8) additional meetings are assumed.
Deliverables:
•Summary notes for all field meetings with the Contractor and/or City. •Agendas, meeting minutes, and applicable logs, photos, or other supporting documents.
Task 4 – Project Closeout, Miscellaneous Tasks
The following work is included in this task:
1. Oversee final inspection punch list with contractor and City staff. Develop punch list with input from stakeholders. Distribute, monitor, and update through completion.
Three (3) visits (pre-punch walk, punch walk, and review of contractor’s completion of punch list items) to finalize punch are included.
2. Coordinate Project record documents preparation, acceptance and close out tasks as needed. This includes collecting, collating, and transmitting all construction documents to the City within 30 days of project completion.
3. Miscellaneous closeout tasks.
4. Assist City staff with other project management tasks as needed. An allowance of up to 4 hours per month for non-specified tasks has been included in this Project.
Deliverables:
•Punch List to Contractor. Updates to the City on Contractor’s progress and completion of Punch List work.
•Final Project Completion documents that are required by the City or other Agencies having jurisdiction. Provide electronic link to all Project files and folders with a detailed table of contents.
Assumptions
1. No design work is included in this proposal. If design services are requested additional fees will be required.
2. No survey work is included in this proposal. This includes any mapping or boundary work. If survey services are requested additional fees will be required.
3. Special Inspection and Testing is excluded and will be provided by others outside of the scope of this proposal.
4. For the purpose of estimating level of effort, we have assumed the above number of submittals and RFIs based on similar project experience. Excess RFIs and/or submittals may require an additional fee.
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5. It is assumed that if required, the City has obtained the required SWPPP, c.3 report, and has retained a QSD as required under the 2022 Stormwater General Construction Permit (GCP). The foregoing services are excluded. Wilsey Ham can provide SWPPP, stormwater, and/or QSP services during construction for an additional fee.
6. No utility location services, or potholing services are included in this proposal.
7. A limited number of meetings, as detailed above, have been assumed. The duration of each meeting is assumed to be a maximum of one hour plus preparation. If additional or longer meetings are requested, additional fees will be required.
8. We assume all permit fees will be paid for by the City. Permit fees are excluded.
9. The scope of this proposal assumes a 40 consecutive week construction schedule.
Schedule pauses or extensions may require additional scope and fee.
10.Coordination with stakeholders includes up to eight (8) preconstruction meetings.
11.Monitoring contractor's performance assumed to be twice per week for up to 4 hours each.
12.Coordinate materials testing to include assistance with selection of testing & inspection firm, scheduling tests/inspections during construction.
13.Monitoring contractor's performance anticipated to be twice per week for 4 hours each.
14.Only those tasks specifically described herein are included in this proposal. Any other requested work will be performed on a time and materials basis in accordance with the attached fee schedule.
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Exhibit B – Florida Avenue Park Fee Proposal – August 15, 2024
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TAYLOR AVENUE
FLORIDA AVENUE
MARTIN PLACE
NEW STREET TREES
ORNAMENTAL, LOW
MAINTENANCE SHRUBS,
PERENNIALS AND
GROUNDCOVER
STEPPING STONES, BOULDERS AND
LOG SEATS
MANUFACTURED BENCH
WITH BACK, TYP.
NEW 108" BOX COAST LIVE OAK
TRASH AND RECYCLING
RECEPTACLES
EXISTING CEDAR TREE
LOW SHRUB AND
GROUNDCOVER PLANTING,
TYPICAL
WOOD NEIGHBOR FENCE
ADJACENT RESIDENCE
EXERCISE COURT WITH
SYNTHETIC SAFETY
SURFACING
AGES 2-5 PLAY ELEMENTS
LAWN
ENTRY WITH HEART BENCHES
AND ICONIC SIGN
RESTORED DECORATIVE METAL FENCE
NEW SHADE TREE
3'-0"
RESTORED DECORATIVE METAL FENCE
ORNAMENTAL METAL PLAY AREA
FENCE AND GATE
PICNIC AREA
LOW SHRUB AND GROUNDCOVER
PLANTING, TYPICAL
ORNAMENTAL GRASSES
ADA DRINKING
FOUNTAIN WITH DOG
BOWL
AGES 5-12 PLAY ELEMENTS
SWINGS
BACKLESS BENCH WITH WOOD
SEAT, TYP.
FLORIDA AVENUE PARK
SAN BRUNO, CALIFORNIA | 11 December 2019
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ATTACHMENT 5
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: September 24, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Hae Won Ritchie, P.E., Deputy Public Works Director Harry Yip, P.E., Senior Civil Engineer
SUBJECT: Consider Adoption of a Resolution Establishing White Curb Markings on Cherry Avenue and Grundy Lane, and a Mid-block Crosswalk on Grundy Lane Related to the YouTube Phase 1 Office Development Project and Finding That Such Changes Were Fully Analyzed in the Environmental Impact Report for the Bayhill Specific Plan Including the Phase I Development
BACKGROUND:
The YouTube Phase 1 Office Development Project (Project) consists of the construction of two new office buildings with 440,000 square feet. The Project also includes roadway modifications to Cherry Avenue and the realignment of Grundy Lane from Cherry Avenue to Elm Avenue. On September 28, 2021, the City Council approved the Project, including Resolution Number 2021- 81 authorizing various curb marking changes along frontages of 900 Cherry Avenue and 1000 Cherry Avenue. The Project recently requested some minor modifications to the previously approved curb marking on Cherry Avenue and Grundy Lane, and the relocation and establishment of a midblock crosswalk on Grundy Lane to better align with the final designs for the building entrances and pedestrian pathways. On September 28, 2021, the City Council certified the Project’s Environmental Impact Report (SCH # 20171120450), which included curb markings and establishment of a midblock crosswalk as part of the Project.
The requested curb marking modifications were reviewed by the Traffic Safety and Parking Committee on August 7, 2024. The City’s Municipal Code requires adoption of a City Council resolution for establishment of any curb marking changes and mid-block crosswalks.
DISCUSSION:
The Project is requesting 215 feet of white curb in front of 901 Cherry Avenue, a reduction of previously approved 136 feet of white curb on Grundy Lane to 125 feet and establishment of a midblock crosswalk across Grundy between the two new buildings currently under construction.
The 215 feet of white curb in front 901 Cherry Avenue is to facilitate passenger drop-off and pick-up. The curb in front of 901 Cherry is currently marked red as it is part of the travel lane.
The approved Project Plans and the Bayhill Specific Plan called for a reconstruction of the sidewalk and curb that would create a new pocket for drop-offs and pick-ups. 174 of 237
Item 6l.
Honorable Mayor and Members of the City Council
September 24, 2024
The reduction of the previously approved 136 feet of white curb on Grundy Lane to 125 feet is due to the proposed mid-block crosswalk. The previous proposed location of the mid-block crosswalk was west of the 136 feet of white curb. The new location would be on the eastern end of the existing white curb. The relocation of the crosswalk is to provide a more direct path between the two buildings. Providing the crosswalk at locations where pedestrians are most likely to cross creates more predictable crossing behavior. The crosswalk will have pedestrian warning signs and pedestrian activated warning lights.
Pursuant to the City’s Municipal Code § 7.16.020, white curb zones mean no stopping, standing, or parking for any purpose other than loading or unloading of passengers. Such restrictions shall apply between 7:00 a.m. and 6:00 p.m. on any day except Sundays and holidays. Outside of those times, the spaces would be available for general parking.
All the proposed curb markings and crosswalks are illustrated in Exhibit A of Attachment 1.
FISCAL IMPACT:
There is no immediate fiscal impact. The curb markings, pavement markings, and signs will be implemented by the Project. However, the maintenance of these improvements will increase future Public Works maintenance costs.
ENVIRONMENTAL IMPACT:
On September 28, 2021, the City Council certified the Project’s Environmental Impact Report, addressing the potential environmental effects of the Bayhill Specific Plan and the Project, including curb markings and crosswalks. The proposed changes will not result in any new significant impacts or a substantial increase to a significant environmental impact that was not analyzed in the EIR and no additional environmental review is required before consideration the approval of the curb marking changes and the establishment of a midblock crosswalk.
RECOMMENDATION:
Consider adoption of a Resolution establishing curb markings on Cherry Avenue and Grundy Lane, and a mid-block crosswalk on Grundy Lane related to the YouTube Phase 1 Office Development Project and determining that the action is exempt from CEQA.
ALTERNATIVES:
1. Do not adopt a resolution to establish the curb markings and mid-block crosswalk
2. Request staff to make modifications to the curb markings and mid-block crosswalks ATTACHMENTS:
1. Resolution
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0 RESOLUTION NO. 2024 - ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ESTABLISHING
WHITE CURB MARKINGS ON CHERRY AVENUE AND GRUNDY LANE, AND A MID- BLOCK CROSSWALK ON GRUNDY LANE RELATED TO THE YOUTUBE PHASE 1 OFFICE
DEVELOPMENT PROJECT AND FINDING THAT SUCH CHANGES WERE FULLY
ANALYZED IN THE ENVIRONMENTAL IMPACT REPORT FOR THE BAYHILL SPECIFIC
PLAN INCLUDING THE PHASE I DEVELOPMENT
WHEREAS, pursuant to Title VII, Section 7.12.030 of the San Bruno Municipal Code grants the City Traffic Engineer the duty and responsibility for placing and maintaining traffic control devices he or she deems necessary to guide or warn traffic based on engineering principles and investigations;
WHEREAS, the YouTube Phase 1 Office Park Development Project (Project) is currently under construction;
WHEREAS, on September 28, 2021, the City Council adopted Resolution No. 2021-81 to authorize various curb markings on Cherry Avenue and Grundy Lane; WHEREAS, the Project requested changes to the curb markings on Cherry Avenue and Grundy Lane as illustrated in Exhibit A;
WHEREAS, the Project requested a new location for midblock crosswalk on Grundy Lane as illustrated in Exhibit A;
WHEREAS, Staff and the Traffic Safety and Parking Committee have reviewed the requests and concur with the changes; and
WHEREAS, on September 28, 2021, the City Council certified an Environmental Impact Report (EIR), SCH # 20171120450, addressing environmental effects of the Bayhill Specific Plan and the Project, including curb markings and crosswalks.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of San Bruno:
1. Finds that the curb markings and midblock crosswalk approved herein will not result in any new significant impacts or a substantial increase to a significant environmental impact that was not analyzed in the EIR;
2. Establishes 215 feet of white curb marking on Cherry Avenue beginning approximately 40 feet from the intersection of Bayhill Drive extending northerly along the curb;
3. Establishes 125 feet of white curb marking on Grundy Lane beginning approximately 330 feet from the intersection of Cherry Ave extending easterly along the curb;
4. Establishes a mid-block crosswalk on Grundy Lane at the easterly end of the aforementioned 125 white curb marking; and
5. The white curb markings and the midblock crosswalk shall be in effect after the Project improvements are accepted by the City; and
Exhibit A: Curb Marking Changes and Mid-block Crosswalk 176 of 237
ATTACHMENT 1
2 2
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0 ---oOo---
I hereby certify that foregoing Resolution No. 2024 - ______ was adopted by the San Bruno City Council at a regular meeting on ___________, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers
ABSENT: Councilmembers:
Lupita Huerta, City Clerk
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PROPOSED
MIDBLOCK
CROSSWALK
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: September 24, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Ari Delay, Fire Chief
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Execute a Memorandum of Agreement with the Menlo Park Fire Protection District to Designate the City of San Bruno a Participating Agency in the Federal Emergency Management Agency California Urban Search and Rescue Task Force 3 and an Addendum to Such
Memorandum of Agreement to Provide for a Canine Search Specialist BACKGROUND:
The National Urban Search & Rescue (US&R) Response System (the System), established under the authority of the Federal Emergency Management Agency in 1989, is a framework for organizing federal, state and local partner emergency response teams as integrated federal disaster response task forces. The System’s 28 US&R task forces can be deployed by FEMA to a disaster area to provide assistance in structural collapse rescue, or they may be pre- positioned when a major disaster threatens a community.
The System is a vital federal asset to support the continuous operation of critical government and business functions that are essential to human health and safety, or economic security.
The task forces are equipped and ready to deploy within six hours in various response models.
When federal support is anticipated prior to an event such as a hurricane, System resources are often pre-positioned along with other federal responders to expedite support following the disaster.
Each NIMS Type 1 US&R task force is composed of 70 members specializing in search, rescue, medicine, hazardous materials, logistics and planning, including technical specialists such as physicians, structural engineers and canine search teams. The task forces can split into two NIMS type 3 US&R task forces with 35-members each to conduct around-the-clock search and rescue operations in 12-hour shifts.
The City of San Bruno Fire Department has a long-standing commitment to enhancing its emergency response capabilities through training and regional collaboration. The Menlo Park Fire Protection District hosts California Task Force 3 (CA-TF3), a FEMA-designated Urban Search and Rescue (USAR) team, which provides specialized search and rescue services in times of disaster. CA-TF3 is one of several USAR teams nationwide and is recognized for its expertise in various types of rescue operations, including structural collapse, confined space, and canine search operations. Participation in CA-TF3 will allow the San Bruno Fire Department to enhance its operational readiness and provide a broader range of emergency services to the 179 of 237
Item 6m.
Honorable Mayor and Members of the City Council
September 24, 2024
City of San Bruno, San Mateo County, the State of California and the Nation.
DISCUSSION:
The proposed participation in CA-TF3 will require the City to enter into a Memorandum of Agreement (MOA) with the Menlo Park Fire Protection District, the sponsoring agency of CA- TF3. The agreement outlines the responsibilities, training requirements, and financial provisions for the participating agencies, including the City.
The Addendum to Memorandum of Agreement with the City of San Bruno allows the City to Host a Canine Search Specialist if selected. This Agreement provides the terms and conditions agreed upon by the parties under which Participating Agency will organize, train and provide to District, as Sponsoring Agency for California Task Force 3 (CA-TF3) of the US&R Program, certain canine search resources for use as part of CA-TF3.
The partnership will greatly benefit the San Bruno Fire Department by expanding its technical rescue capabilities and strengthening regional and national disaster response collaborations. It also aligns with the City’s strategic goals to enhance public safety and readiness for emergency situations.
FISCAL IMPACT:
Initial and ongoing training costs, equipment procurement, and potential overtime expenses for participating personnel are anticipated to be primarily offset by federal, state and National Disaster Search Dog Foundation reimbursements under the FEMA Urban Search and Rescue Program, which includes training and certification for Canine Search Specialists and associated equipment. Unreimbursed training costs, estimated not to exceed $5,000 per year, will be supported within the Department’s existing approved training budget.
ENVIRONMENTAL IMPACT:
The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.
RECOMMENDATION:
Adopt a Resolution Authorizing the City Manager to Execute a Memorandum of Agreement with the Menlo Park Fire Protection District to designate the City of San Bruno a Participating Agency in the Federal Emergency Management Agency California Urban Search and Rescue Task Force 3 and an Addendum to such Memorandum of Agreement to provide for a canine search specialist
ALTERNATIVES:
1. Do not approve participation in CA-TF3 and direct staff to explore other mutual aid and collaboration opportunities.
2. Approve participation in CA-TF3 with modifications to the terms and conditions outlined in the Memorandum of Agreement.
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Honorable Mayor and Members of the City Council
September 24, 2024
ATTACHMENTS:
1. Resolution
2. CA-Task Force 3 Memorandum of Agreement
3. CA-Task Force 3 Addendum to Participating Agency Memorandum of Agreement Canine
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7 0
3 RESOLUTION NO. 2024 - __
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE MENLO PARK
FIRE PROTECTION DISTRICT TO DESIGNATE THE CITY OF SAN BRUNO A PARTICIPATING AGENCY IN THE FEDERAL EMERGENCY MANAGEMENT AGENCY CALIFORNIA TASK FORCE 3
AND AN ADDENDUM TO SUCH MEMORANDUM OF AGREEMENT TO PROVIDE FOR A CANINE
SEARCH SPECIALIST
WHEREAS, the National Urban Search & Rescue (US&R) Response System was established under the authority of the Federal Emergency Management Agency (FEMA) in 1989; and WHEREAS, the US&R Response System serves as a framework for organizing federal, state, and local partner emergency response teams as integrated federal disaster response task forces; and WHEREAS, the System’s 28 US&R task forces can be deployed by FEMA to a disaster area to provide assistance in structural collapse rescue, or they may be pre-positioned when a major disaster threatens a community; and
WHEREAS, the System is a vital federal asset to support the continuous operation of critical government and business functions that are essential to human health and safety, or economic security; and
WHEREAS, the Menlo Park Fire Protection District hosts California Task Force 3 (CA-TF3) is a FEMA-designated US&R team, which provides specialized search and rescue services in times of disaster; and
WHEREAS, the City of San Bruno Fire Department has a long-standing commitment to enhancing its emergency response capabilities through training and regional collaboration; and WHEREAS, the City of San Bruno Fire Department wishes to participate in California Task Force 3 (CA-TF3); and
WHEREAS, the City of San Bruno Fire Department wishes to provide for a canine search specialist for use as part of CA-TF3.
NOW, THEREFORE, BE IT RESOLVED, that the San Bruno City Council hereby authorizes the City Manager to execute a Memorandum of Agreement with the Menlo Park Fire Protection District to Designate the City of San Bruno as a Participating Agency in California Task Force 3 (CA-TF3) and to execute an Addendum to such Memorandum of Agreement to provide for a canine search specialist for use as part of CA-TF3.
---oOo---
I hereby certify that foregoing Resolution No. 2024 - __ was adopted by the San Bruno City Council at a regular meeting on September 24, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
Revised: March 4, 2021
1 UR BAN SEARCH & RESCUE
CALIFORNIA US&R TASK FORCE 3
M
EMORANDUM OF AGREEMENT
WITH
P ARTICIPATING AGENCY
This Memorandum of Agreement(“Agreement) is entered into effective_________ (the “Effective Date”) between the Menlo Park Fire Protection District (“District” or “Sponsoring Agency”) and the XXXXXX (individually as “Participating Agency” or “Agency”).
Recitals
A. District is a contracting party under a "Memorandum of Agreement" dated November 20, 2008 with the Federal Emergency Management Agency ("FEMA") and the State of California Office of Emergency Services (Cal OES) A copy of the Memorandum of Agreement (the "FEMA MOU") is attached to this Agreement as Attachment 1 and incorporated by reference.
B. P
ursuant to federal law, principally the Robert T. Stafford Disaster Relief and Emergency Act, Public Law 93-288, as amended (42 U.S.C. § 5121 et seq.) (the "Stafford Act"), FEMA operates the National Urban Search and Rescue Response System (the "System") in conjunction with several states of the United States of America including the State of California and, currently, twenty-eight local sponsoring agencies. The System conducts Urban Search and Rescue ("US&R") activities authorized by the Stafford Act.
C. E
ach Sponsoring Agency is responsible to recruit and organize a US&R Task Force consisting of seventy (70) individuals three deep plus other support personnel, who have been properly trained with specialized capabilities required for urban search and rescue operations. A US&R Task Force may be deployed as a single unit or it may be reorganized into teams for purposes of modularized responses for limited or specialized deployments.
D. P
ursuant to the FEMA MOA, the District is the Sponsoring Agency for California US&R Task Force 3 (CA-TF3) and is charged with, among other things, recruiting and organizing CA-TF3. In the performance of its obligations as the Sponsoring Agency, it is necessary for the District to enter into memoranda of agreements with other local organizations by which those organizations, including the Sponsoring Agency, agree to serve as Participating Agencies in CA - TF3. This Agreement is entered into by District and Participating Agency for that purpose.
E. A
gency desires to be a participating agency with respect to CA-TF3 on the Terms and Conditions stated in this Agreement.
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ATTACHMENT 2
Revised: March 4, 2021
2 Terms and Conditions
In consideration of the Recitals above and the following Terms and Conditions, District and Agency agree as follows:
I. Responsibilities of Participating Agency
A. As a Participating Agency, acknowledges that the District is obliged to provide qualified and trained personnel, three deep, for each dedicated position of the CA- TF3. In furtherance of that objective, Participating Agency agrees to provide certain personnel to serve in designated positions on the CA-TF3 ("CA-TF3 Designated Positions"). A list of the individuals who will occupy the CA-TF3 Designated Positions is attached to this Agreement as Attachment 2.
B. Participating Agency further agrees that the personnel which the Agency has agreed to provide to CA-TF3 ("CA-TF3 Participants") shall meet the required qualifications for the Category and shall receive the required training specified in this Agreement, including, without limitation, those general requirements for participation set forth in Section XIV of this Agreement.
C. Participating Agency further agrees to adhere to a training schedule which is mutually acceptable to the Agency and the District that will be jointly developed and when approved shall be made a part of this agreement as Attachment 3.
D. Participating Agency further agrees to comply with all terms and conditions set forth in the remainder of this agreement.
II. Agreement Term
This agreement is intended to cover a twelve (12) month interval from its Effective Date so as to conform to the CA -TF3’s twelve (12) month training calendar. However, the Agreement will continue in effect beyond the end of the anticipated twelve (12 months) term unless terminate or suspended. District and Participating Agency may agree to meet and evaluate the Agreement prior to the end of the twelve (12) month interval to evaluate renewal of the agreement.
III. Amendments and Termination
This Agreement may be modified or amended only with another written agreement approved and executed by both parties, and all amendments will be attached to this Agreement. The Agreement may be terminated by either party upon thirty (30) days advance written notice pursuant to Section XVI.D of this Agreement.
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3 IV. Non-Discrimination and Equal Opportunity
In compliance with federal, state and local laws, Participating Agency shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical conditions, marital status, sex, ancestry, genetic information, gender identity, gender expression, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Participating Agency under this Agreement.
V. Liability; Indemnity
A. Agency and its Participating Agency Personnel for CA-TF3 shall be afforded such coverage for tort liability and workers' compensation as FEMA affords all task forces and CA -TF3 Participants under Federal law, the scope of which is generally described in the FEMA MOA.
B. Except for those claims arising out of willful misconduct, each Party agrees to hold harmless and indemnify the other Party, its elected and appointed officials, employees and agents from and against any and all claims, loss, liability, damage, and expense arising out of its performance of this Agreement, and each Party agrees to defend the other Party, its elected and appointed officials, employees, and agents against such claims.
VI. Financial Provisions
A. The Participating Agency shall provide the District with an employee salary schedule each year, or as changes occur in compensation rates payable to Participating Agency employees.
B. F
rom the time of activation and until CA -TF3 returns and is deactivated, and CA - T
F3 team members are returned to regular work schedules, CA-TF3 team members shall be compensated in accordance with pay schedules and policies established by the FEMA MOA and Federal Regulations. For planning purposes, the parties understand that:
1. Pay schedules currently compensate deployed fire personnel at regular salary for a normal work shift, and at time and one half for normal off -shift work days;
2. The additional expense incurred, if any, to backfill deployed personnel will be paid; and
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4 3. Benefits and administrative costs should also be calculated and paid in accordance with FEMA's established policies and procedures.
C. Within thirty (30) days of either deactivation after a mission or completion of FEMA sponsored training ( i.e. training expressly authorized, approved and/or conducted by FEMA and for which FEMA has agreed to reimburse participation costs), the Participating Agency agrees to provide the District with a complete cost reimbursement package to be submitted by the District as part of an overall claim package which District is obliged to submit to FEMA within 90 days after deactivation. Agency's cost reimbursement package shall be prepared in conformance with applicable FEMA regulations and procedures.
D. CA-TF3 Participants will be reimbursed for allowable personal costs for operations and maintenance incurred in conjunction with a disaster operation in accordance with and to the extent authorized under FEMA policies.
E. Rehabilitation or replacement costs of operational equipment may be reimbursed if the piece of equipment was used at a disaster site or on a disaster exercise, as authorized by FEMA.
F. In accordance with FEMA's policies, FEMA amy replace lost or stolen equipment, unless equipment was lost or stolen as a result of negligence on the part of the CA- TF3 or its personnel.
G. Neither Agency nor any CA-TF3 member shall be reimbursed for costs incurred by activations outside the scope of this Agreement.
H. All financial commitments of District are subject to the availability and receipt of funds by District from FEMA pursuant to and in accordance with the System's policies and regulations and the FEMA MOA.
VII. Insurance
A. Limits. Each party shall provide and maintain:
1. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence and $5,000,000 aggregate.
2. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
3. Workers Compensation in at least the minimum statutory limits.
B. All Policy Requirements. All insurance shall:
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5 1 Include the other party, its elected and appointed officials, employees and agents as additional insureds, except Automobile Liability insurance and Workers Compensation insurance, with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above -designated insureds.
2 Be primary with respect to any insurance or self-insurance programs of the other party, its elected and appointed officials, employees, and agents.
3 Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.
4 No changes in insurance may be made without the written approval of each party's legal counsel.
C. Self-Insurance Option. Alternatively, either party can warrant that it is self-insured in the amounts set forth above and provide a certificate of insurance to the other party naming the other party
VIII. Reporting And Record Keeping Requirements
A. Each Task Force member is required to provide the following information prior to being eligible for deployment.
1. A fully completed OF 612 "Application for Federal Employment" form.
2. 2A fully completed SF-61 Appointment Affidavit. Form 61 is an officialU.S.
Government form required by Federal Regulations for all Federal Appointees. An oath must be administered prior to completing this form.
Only originals may be submitted to FEMA. No copies will be allowed.
3. A FEMA picture identification card must be obtained for all approved Incident Support Team ("IST") members.
4. Certificates of course completion as described in the Section XIV of this Agreement (or a letter signed by the Participating Agency Chief certifying course completion if no certificate of completion is available) must be provided.
B. The Participating Agency will submit quarterly training activity reports at the CORE Group meetings which are held on a quarterly schedule. These reports will include CA-TF3 Participant names, hours of training, related topics and a course overview of what was covered during internal department training as specified under the Section XV of this Agreement
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6 IX. Official Name and Publications
A. The official name of the task force organized pursuant to this Agreement is:
California Urban Search and Rescue Task Force 3 (CA-TF3), a Federal Specialized Structural Collapse Rescue Team based out of Menlo Park, California.
B. All information, literature and promotional materials will list the official name and sponsoring and participating agencies.
C. All uniforms will display the official name and/or allow for all Participating Agencies to display their own agency patch per approved uniform guidelines.
IX. Chiefs’ Point of Contact (POC) Group
The Task Force will hold quarterly meetings with Participating Agency Fire Chiefs or their designee todesignee to discuss issues related to policy and operational issues which affect CA-TF3 and its Participating Agencies.
IX. Managers/Discipline Coordinator Group
Each Discipline shall provide representation at the Managers/Discipline Coordinators Group meeting to be held on a quarterly meeting schedule. These meetings will be held to discuss training, record keeping and other operational issues.
X. Chiefs Advisory and Policy Group
The Fire Chief of the District and the CA-TF3 Representative will hold quarterly meetings with Participating Agency Fire Chiefs and Civilian Discipline Managers to discuss issues related to policy and operational issues which affect CA-TF3 and its Participating Agencies
XI. CORE Operational Group
Each Participating Agency shall provide representation at a CORE Operational Group meeting to be held on a quarterly meeting schedule. These meetings will be held to discuss training, record keeping and other operational issues
XII Media and Information Policy
A. Media coverage will involve all Participating Agencies, but the District will have the primary responsibility for coordination and liaison with media sources and representatives.
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7 B. Scheduled media coverage shall be rotated through an active Participating Agency list, provided the Participating Agency is able to fill a request within two hours.
C. Spontaneous media coverage shall be handled on an immediate need basis by the District.
D. All press releases will include the names of all Participating Agencies.
E. Subject to applicable law, including FEMA regulations, all photographs and video taken including Social Media, on deployments will be kept under the control of District until an approved external education program is reviewed by the Chiefs Advisory Group.
F. A post-deployment promotional video, photographs and after- action written report will be completed within 30 days after the mission de-activation date.
G. All State and Federal media policies will be strictly enforced and followed.
XIII. Rule of ode of Conduct and Disciplinary Action
A. All CA-TF3 Participants will be expected to abide by strict operational rules of conduct and behavior. Failure to do so may result in disciplinary action or removal of CA-TF3 Participants from CA-TF3.
l. No transport or use of illegal drugs or alcohol will be tolerated
2. No firearms will be allowed.
3. Ethical behavior while using radios or cellular phones will be used.
4. Know the chain of command and who you report to.
5. Follow all orders and follow up on actions.
6. Free lancing will not be tolerated.
7. Limit the procurement of equipment to what is needed.
8. Do not take things that you do not have authorization to have.
9. Act professionally at all times and while in public.
10. Remain in a state of readiness at all times.
11. Recreation is limited to unassigned hours.
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8 12.
Maintain and wear safety clothing.
13. Wear the proper uniform.
B. D
istrict will cooperate with the Participating Agency on issues related to any type of disciplinary action. District retains the right to exclude any CA -TF3 Participants from further participation on the CA-TF3 if the CA-TF3 Participant fails to abide by the Rules of Conduct, above, or otherwise is guilty of conduct meriting disciplinary action.
XIV. General Requirements For Participation
A. Ge
neral Training Requirements. The following General Training Requirements have been established by FEMA and District for participation with US&R CA- T F3.
1. T
he CA -TF3 Participant must be physically fit per FEMA/Task Force requirements and not have any pre-existing medical condition or disability which will prevent intensive manual labor.
2. T
he CA-TF3 Participant must be available on short notice to mobilize within three hours of request and be able to respond on a mission for up to 21 days.
3. T
he CA-TF3 Participant must be capable of improvising and functioning for long hours under adverse working conditions.
4. T
he CA -TF3 Participant must understand, and adhere to safe working practices and procedures as required in the urban disaster environment
5. T
he CA-TF3 Participant must have one year of continuous, full-time, regular active service with the Participating Agency prior to being considered for involvement
6. T
he CA-TF3 Participant must have a working knowledge of the CA -TF3's US&R response system, organizational structure, operating procedures, safety practices, terminology, and communication protocols.
7. T
he CA -TF3 Participant must have completed Critical Incident Stress ("CIS") Awareness Training and possess a valid certificate.
8. T
he CA -TF3 Participant must have completed DHS/FEMA US&R Orientation Training and possess a valid certificate
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9 9. The CA-TF3 Participant must have completed ICS 100,200, NIMS 700 & 800 on-line courses and possess a valid certificate.
10. The CA -TF3 Participant must have completed a certified Hazardous Materials First Responders Operations Level (OSHA 29 CFR, 1910.120) or equivalent course.
(a) Complete annual refresher training as required for Hazardous Materials First Responders Operations (OSHA 29 CFR,1910.120).
11. Be currently certified in Cardiopulmonary Resuscitation and possess a valid certificate.
12. The CA-TF3 Participant must have completed Respiratory Protection training per (OSHA 29 CFR 1910.134) (k) and possess a valid certificate.
(a) Complete annual refresher training as required for Respiratory Protection (OSHA 29 CFR 1910.134) (k).
13. The CA-TF3 Participant must have a completed a certified Blood -Borne Pathogen course and possess a valid certificate on file annually.
14. Complete NFPA 1670 Awareness Level training for and possess a valid certificate for:
a. Confined Space Rescue Operations
b. Water Rescue Awareness
c. Structural Collapse Operations
15. The CA -TF3 Participant must complete all required Position Specific Requirements as defined by the most current FEMA Program Directive.
B. General Administrative Requirements. The following General Administrative Requirements have been established by FEMA and District for participation with CA-TF3.
1. CA-TF3 Participant must have a completed Application for Federal Employment; Optional Form 612.
2. CA-TF3 Participant must have a completed Appointment Affidavit; · Standard Form 61
3. The CA-TF3 Participant must have a completed Code of Conduct.
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10 (a) Ensure each member maintains current inoculations, as defined in the most current Program Directive, unless medically contraindicated or documented refusal.
4. Each member must have on file a current Physician Clearance for Deployment as defined in the most current FEMA Program Directive.
(a) Each member's successful completion of a quantitative respiratory protection fit test required per OSHA 29 CFR 1910.134, as defined in the most current FEMA Program Directive.
C. The District has the authority to suspend or terminate a CA -TF3 Participating Agency team member on the CA-TF3 for lack of participation or failure to satisfy all mandatory minimum general training requirements.
XV. Training Policy and Procedures
A. Annual external training conducted by the District will include the following training:
1. Mobilization and Base Operations Exercise.
2. Annual Deployment Exercise.
3. Annual Exercise Critique and Discussion.
4. Specific Categorical Training and Related Work Activities
(a) Specialist Group Training Requirements:
(b) Communications and Technical Information Group
(c) Logistics Group
(d) Medical Group
(e) Management, Safety and Plans Group
(f) Rescue and Crane Rigging Group
(g) Structural Engineers
(h) Search and Recon (K-9, Search, HazMat, Comm/Tech,
Engineers)
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Revised: March 4, 2021
11 (i) Hazardous Material Group ·
(j) Other Related Work Activities.
(k) Cross Training.
(l) Equipment Cache Work Days.
(m) Meetings/ Special Project
B. All such training will be documented by the District and the CA-TF3 Participant will be held accountable for their involvement and attendance when applicable.
C. Paramedic or physicians assigned as Medical Specialist’s or Medical Managers will not be allowed to be active CA - TF3 Participant until they have completed all applicable requirements for licensure as paramedics or Emergency Physician including all required certifications.
D. The District’s training may be held at the Structural Collapse Training Center near the Dumbarton Bridge, approved off site training sites or the main classroom facility.
E. All Participating Agencies approved team personnel may attend any approved position required training courses based on team need and approval from the Program Manager with all training costs, backfill or member compensation paid by CA-TF3.
XV. Notification Procedures
A. Activation.
1. Upon request by District for a Federal or State deployment, the Participating Agency agrees to supply personnel as specified in this Agreement within three (3) hours of the time the request is received.
2. The Sponsoring Agency Fire Chief or his designee, will make the determination to "Fill or Kill" a request from either FEMA or Cal-.
3. The Participating Agency agrees to provide District with a current point of notification for 24-hour deployment notification request
B. Mobilization.
1. All CA -TF3 Participants will respond to the Urban Search and Rescue warehouse within 3 hours of notification with personal equipment
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Revised: March 4, 2021
12 appropriate to support a 21- day mission. See Attachment 3 for a list of required personal equipment.
2. The Participating Agency will select its CA -TF3 Participants through an internal system it has established. Selected CA-TF3 Participants may then be deployed provided they meet pre -approved document and training requirements as specified in this Agreement.
3. Selected CA-TF3 Participants will be subject to a medical pre-screening prior to deployment. Any CA-TF3 Participant which fails the screening will not be deployed.
C. Other Communications.
The District will maintain a CA -TF3 internet web site to enhance and simplify internal CA-TF3 communications concerning US&R posting, training schedules, administrative requirements and similar functions and activities.
D. Notice Pursuant to the Agreement. Any written notice provided pursuant to this Agreement shall be sent as follows:
1. To District:
Menlo Park Fire Protection District ATTN: Fire Chief
170 Middlefield Rd Menlo Park, CA 94025
2. To Agency:
_________________________________
_________________________________
_________________________________
_________________________________
{Agency to provide contact information}
XVII. Family Support Network
A family support network for deployed CA -TF3 Participants and their Participating Agencies will be utilized during deployments.
XVIII. Critical Incident Stress Debriefing ("CISD")
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13 A. District will have primary responsibility to organize and provide CISD intervention and support during and after a deployment.
B. Unauthorized and unapproved CISD activities may not be eligible for reimbursement.
II.
XIX. Personal Protective Clothing and Equipment
A. District will issue to each CA -TF3 Participant the following personal protective clothing and equipment for use in CA-TF3 activities and operations.
1. One (1) BDU Coat
2. One (1) BDU Pants
3. Two (2) Uniform Long Sleeve T- shirts
4. One (1) Helmet
5. One (1) pr. Eye Protection
6. One (1) pr. Gloves
XX. Applicability of Federal Regulations
Title 44, Part 208 of the Code of Federal Regulations apply to Participating Agency and CA -TF3 Participants who engage in System activities.
XXI. Warranty of Authority.
Each Party represents and warrants that it has been duly authorized by all requisite approval and action to execute and deliver this Agreement and that this Agreement is a binding, legal, and valid agreement enforceable in accordance with its terms as to the Participating Agency, and as to District.
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Revised: March 4, 2021
14 In recognition of the foregoing, the parties have executed this Agreement below.
SPONSORING AGENCY
MENLO PARK FIRE PROTECTION DISTRICT
By: Date:
Fire Chief
And By: Date:
CA-TF3 Representative
PARTICIPATING AGENCY
By: Date:
Fire Chief
And By: Date:
Representative (if applicable)
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Revised: March 4, 2021
15 ATTACHMENT 1
Memorandum of Agreement between the Federal Emergency Management Agency, State of California and the Menlo Park Fire Protection District (November 20, 2008)
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U.S. Depart ment of Homeland Security
500 C Street, SW
Washington, DC 20472
\JUN 1 8 2008
Chief Harold Schapelhouman
Menlo Park Fire District
300 Middlefield Road
Menlo Park, California 94025
Dear Chief Schapelhouman:
Since 1989, California Task Force 3 has been an integral part of the Federal Emergency Management Agency's (FEMA) National Urban Search and Rescue (US&R) Response System.
As the new FEMA continues to establish its role as the Nation's premier emergency management and preparedness agency, we look forward to continuing our relationship with California Task Force 3.
FEMA and California Task Force 3 have been opera.ting under the same Memorandum of Agreement (MOA) since 1993. Several legal and regulatory changes have been made since then, including the transfer of FEMA to the Department of Homeland Security in 2003 and the publication of the US&R Interim-Final Rule at 44 CFR Part 208 in 2005. To update our agreements, FEMA is requiring all US&R Task Forces to execute a new standard MOA. The new MOA was developed by the US&R Legal Issues Work Group, which includes representatives from US&R Task Forces, the US&R Program Office, and FEMA's Office of Chief Counsel; and was reviewed by all 28 US&R Task Forces.
FEMA is requesting that you review, sign, and return the enclosed new MOA within 60 days.
We recognize that the unique organizational structure of the 28 US&R Task Forces may require minor modifications to the standard MOA and that additional time may be needed to review and return the MOA depending on your Task Force's review process. If you would like to discuss making any changes or need additional time for submission, please contact Dave Webb, Acting Chief, Urban Search and Rescue Branch, at 202-646-3456 or [email protected].
We look forward to continuing the strong, cooperative relationship between FEMA and California Task Force 3 as we help to ensure the Nation is ready to respond to all hazards.
Sincerely,
~ ,,-n.~
Glenn M. Cannon
Assistant Administrator
Disaster Operations Directorate
Enclosure
www.fcma.gov
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MEMORANDUM OF AGREEMENT
FOR PARTICIPATION IN
THE NATIONAL URBAN SEARCH & RESCUE RESPONSE SYSTEM
Memorandum of Agreement between the U.S. Department of Homeland Security, acting through the Federal Emergency Management Agency, the State of California, and the Menlo Park Fire District, the Sponsoring Agency of California Task Force 3, regarding participation in the National Urban Search & Rescue Response System.
I. PARTIES
The parties to this Agreement are the Department of Homeland Security, acting tln·ough the Federal Emergency Management Agency, the State of California, and the Menlo Park Fire District, the Sponsoring Agency of California Task Force 3.
H. AUTHORITY
This Agreement is authorized under the Homeland Security Act as amended (6 U.S.C. §§ 101 et~ .); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121-5206); and the National Urban Search & Rescue Response System Interim Final Rule, 70 Fed. Reg. 9182 (Feb. 24, 2005), codified at 44 CFR Part 208, · (Upon the effective date of a Final Rule, the Final Rule will · supersede the cited Interim Final Rule and its provisions shall prevail over any contrary provisions of the Interim Final Rule.)
III. PURPOSE
This Agreement sets forth responsibilities with respect to participation in the National Urban Search & Rescue Response System.
IV. DEFINITIONS
A. DHSrneans the Department of Homeland Security.
FEMA means the Federal Emergency Management Agency, an operational component of DI-IS.
FEMA-Sanctioned Training or Exercise means a training session or exercise sponsored by an organization other than FEMA, which has received FEM,A approval.
Regulations means the National Urban Search & Rescue Response System regulations published at 44 CPR Part 208.
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Preparedness Cooperative Agreement means a Preparedness Cooperative Agreement as defined in Section 208 .2 of the Regulations.
Stafford Act means the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121-5206).
System Resources means System Members, canines, tools and equipment maintained by a Sponsoring Agency, Participating Agency, or Affiliated Personnel for use as part of the System.
Task Force Program Manager means the person designated by the Sponsoring Agency to be responsible for the day-to-day administration and management of the Task Force.
B. The following terms, as used in this Memorandum of Agreement, have the meaning set forth in the Stafford Act at 42 U.S.C. § 5122:
Mai or Disaster
Emergencv
. C. The following terms, as used in this Agreement, have the meaning set forth in Section 208.2 or 208.32 of the Regulations:
Activated otA ctivation
Advising or Advisory
Affiliated Personnel
Demobilization Order
Participating Agency
Preparedness Cooperative Agreement
Sponsoring Agencv
System or National Urban Search & Rescue Response System System Member
Task Force
US&R or Urban Search and Rescue
2 200 of 237
V. RESPONSIBILITIES
A. DBS, through FEMA, is responsible for developing and administering the System, and its responsibilities include:
1. Promulgating the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
2. Maintaining overall direction and control of System Resources engaged in System activities, as contemplated in the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System; ·
3. Maintaining an advisory and consultative structure for communicating and consulting with System participants with respect to the responsibilities set forth in this section, as appropriate;
4. Preparing, providing, and maintaining a Preparedness Cooperative Agreement and a Response Cooperative Agreement with the Sponsoring Agency, in accordance with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
5. Providing preparedness funding fo theSponsoring Agency.i n accordance with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
6. Developing, scheduling, and delivering FEMA.:Sponsored Training and Exercises;
7. Granting FEMA sanction to training and exercises in accordance with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
8. Maintaining overall direction and control of System Resources engaged in FEMA-Sanctionecl Training and Exercises and FEMA-Sponsored Training and Exercises;
9. Evaluating System and performance in accordance with the Regulations, standards, policies and procedures and directives of the System;
10. Advising, Alerting, Activating and Demobilizing System Resources;
11. Obtaining the consent of the State, if applicable, and the Sponsoring Agency to Alert or Activate System Resources, in accordance with the Regulations, standards, policies and procedures of the System;
12. Appointing System Members into Federal service at appropriate times; 3 201 of 237
13. Taking steps as necessary to ensure coverage for System Members under the Federal Employees Compensation Act, the Federal Tort Claims Act, and the Public Safety Officers Benefit Act during FEMA-Sponsored Training and Exercises, FEMA-Sanctioned Training and Exercises, Alert, and Activation, to the extent allowed by law;
14. Processing claims for Federal employee benefits, as set forth in the Regulations and this Agreement;
15. Maintaining overall direction and control of System Resources engaged in System activities during Alert or Activation;
16. Providing ground, air, rail, or marine transportation for System Resources during Alert or Activation, as required;
17. Providing re-supply and logistical support forS ystem Resources during Activation; · ·
18. Establishing, developing, administering, Advising, Alerting, Activating, Demobilizing, and maintaining overall direction and control of System management teams, as appropriate;
19. Notifying the Sponsoring Agency when FEMA has Alerted, Activated, or Deactivated a Task Force member for participation on a System management team or in a technical function;
· 20. Scheduling and conducting periodic meetings of System advisory committees and other consultative bodies;
21. Processing claims for reimbursement in accordance with the Regulations; and
22. Ensuring proper coordination and cooperation within FEMA, between FEMA and other DHS components and entities, and between FEMA and other Federal, state, local, and private-sector entities for the purpose of System activities.
B. The State, if applicable, is responsible for:
1. Maintaining 24-hour per day capability to receive a request for Alert or Activation of System Resources and to accept or decline the request within one hour; and
2. Using Task Forces resident within the State as State assets before requesting additional Task Forces from FEMA in anticipation of, or in response to, a disaster or emergency within the State for which the State or 4 202 of 237
its local govermnents have primary responsibility, unless the resources have been otherwise committed.
C. The Sponsoring Agency is responsible for organizing and administering the Task Force, and this responsibility includes the following:
1. Recruiting and training the Task Force, according to the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System promulgated by FEMA;
2. Designating a Task Force Program Manager, as well as other such persons as required by the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
3. Executing a Preparedness Cooperative Agreement and a Response Cooperative Agreement with FEMA, in accordance with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System; .
4. Providing administrative, financial, and personnel management for the Task Force, to include providing FEMA with all documentation required to appoint System Members into Federal service;
5. Maintaining such agreements with Participating Agencies and Affiliated Personnel as are required under the Regulations; standards, policies, directives, procedures, and overall concept of operations for the System.
Agreements with Participating Agencies and Affiliated Personnel for System activities must be consistent with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System, and this Memorandum of Agreement. All agreements with Participating Agencies must include an express authorization for the Sponsoring Agency to commit an employee of the Participating Agency to Federal service. All agreements with Affiliated Personnel must include an express authorization for the Sponsoring Agency to commit the individual to Federal service;
6. Registering and qualifying all Task Force medical personnel, as required under the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
7. Requesting FEMA sanction for training and exercises, in accordance with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
8. Notifying FEMA when there is a change in the operational status of the Task Force;
5 203 of 237
9. Maintaining 24-hour per day capability to receive a request for Alert or Activation of System Resources and to accept or decline the request within one hour;
10. Acquiring, maintaining, and accounting for equipment, in accordance with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
11. Complying with financial, administrative, acquisition, reimbursement, and reporting requirements set forth in the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
12. To the extent that the Sponsoring Agency chooses to provide System Members for System management teams and technical functions, or for any FEMA advisory and consultatiye entities, complying with financial, administrative, acquisition, reimbursement, and reporting requirements set forth in the Regulations, standards, policies, procedures, directives, and . overall concept of operations for the System with respect to these Systerri . · Members;
13. . Keeping all records relating to the Task Force, in accordance with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System;
14. · Submitting to FEMA a copy of any agreements it maintains with any Participating Agency and Affiliated Personnel; and
15. Processing state and local employee benefit claims for which a System Member may be eligible.
VI. POINTS OF CONT ACT
A DHS/FEMA:
Acting Chief, Urban Search & Rescue Branch
Federal Emergency Management Agency
U.S. Department of Homeland Security
500 C Street, SW
Washington, DC 20472
(202) 646-3456
B. Sponsoring Agency
Chief, Menlo Park Fire District
300 Middlefield Road
Menlo Park, CA 94025
650-688-8405
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VII. OTHER PROVISIONS
A Financial Arrangements
1. FEMA shall provide the Sponsoring Agency with funding for preparedness activities pursuant to a Preparedness Cooperative Agreement, in accordance with the Regulations.
2. FEMA shall reimburse the Sponsoring Agency for costs incurred in System response activities pursuant to a Response Cooperative · Agreement, in accordance with the Regulations.
3. All financial commitments are subject to the availability of funds. Nothing in this Agreement obligates funds of the respective parties.
B. Title to Equipment
1. Title to equipment purchased and maintained by the Sponsoring Agency with funds provided under a cooperative agreement prior to February 24, · 2005 vests in the Sponsoring Agency in accordance with
44 CFR § 13.32(a).
2. Title to equipment purchased and maintained by the Sponsoring Agency with funds provided under a Preparedness Cooperative Agreement vests in the Sponsoring Agency in accordance with 44 CFR § 13 .32(a).
3. Title to equipment purchased by DHS, and distributed to and maintained by the Sponsoring Agency, remains vested in DHS in accordance with 44 CFR § 13.32(f), unless transferred to the Sponsoring Agency under applicable Federal regulations.
C. Use of Sponsoring Agency Resources
1. Offer, consent and acceptance of services, facilities and employees The Sponsoring Agency and the State offer and consent to FEMA's use of their services, facilities, and employees as specifically described in this Memorandum of Agreement with respect to the System, and FEMA · accepts the offer of such services, facilities, and employees in canying out the purposes of the Sections 306(a) and 621(c)(l) of the Stafford Act, 42 U.S.C. §§ 5149(a) and 5197(c)(l).
7 205 of 237
2. Appointment into Federal Service
a. FEMA will appoint System Members into Federal service pursuant to section 208.11 of the Regulations, as follows:
(1) When instrncting or participating in FEMA-Sanctioned Training and Exercises;
(2) When instructing or participating in FEMA-Sponsored Training and Exercises;
(3) When undertaking specific duties required by FEMA
during an Alert to prepare for Activation; and
( 4) When Activated.
b. At all such times when System Members are appointed into Federal service, those System Members will be under FEMA's overall direction and control.
c. A System Member's appointment into Federal service is concurrent with a System Member's employment with the
Sponsoring Agency or other entity.
D. Coverage under Federal statutes; FEMA's intent
1. Pursuant to section 208 .11 of the Regulations, it is FEMA' s intent that on the basis of subsections C. l. and 2., above, System Members appointed into Federal service are Federal employees during the activities described in subsection C.2.a.; above, for the purposes of the following acts:
a. The Federal Employees Compensation Act.
b. The Federal Tort Claims Act.
2. It is FEMA's intent that System Members appointed into Federal service are Public Safety Officers during the activities described in subsection C.2.a., above, as defined in the Public Safety Officers Benefit Act, 42 U.S.C. § 3796b.
3. No individual may participate in the Task Force who is not an employee of the Sponsoring Agency, an employee of a Participating Agency, or an Affiliated Personnel.
4. Nothing contained within this Agreement is intended to diminish a System Member's non-Federal employment rights, relationships, or entitlements to non-Federal pension or welfare benefits.
8 206 of 237
E. FEMA, the State, and the Sponsoring Agency will not discriminate against any System Member or applicant for a position as a System Member on the grounds of race, color, religion, sex, age, national origin, or economic status in fulfilling any and all obligations under this Memorandum of Agreement.
F. Use of Federal facilities, supplies and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination. Distribution of supplies, processing of applications, provision of technical assistance and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, sex, age, national origin, or economic status.
VIII. EFFECTIVE DA TE
The terms of this Agreement will become effective 011 the date that the last party signs this Agreement. ·
IX. MODIFICATION, AMENDMENT, AND TERMINATION
A. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law oi· regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force.
B. This Agreement maybe modified or amended only with the written agreement of all of the parties.
C. This Agreement remains in effect unless terminated. This Agreement may be terminated by any party upon 3 0 days written notice.
D. This Agreement is the full .and complete agreement between the undersigned parties, and supersedes any prior agreement between the parties, written or oral, with the exception of an existing Preparedness Cooperative Agreement or Response Cooperative Agreement.
E. This may be executed in several counterparts, each of which is a valid agreement, provided that all parties to the Memorandum of Agreement have executed at least one original copy of the Memorandum of Agreement.
9 207 of 237
X. EXECUTION
~ pi . ~ ~
Glenn M. Cannon
Assistant Administrator
Disaster Operations Directorate
Federal Emergency Management Agency
Date: t,/ 1 rd" t
Date: ?; / JD J ?Et I
~ Director
State Emergency Management Agency
Date: ~ /
) ,I i.'.
ief Executive or Designee
Sponsoring Agency
10 208 of 237
- ,= = •-••·•·-···• = = = = = = = = ~ = = = = - = = = ~·~ = = = = = = = =· =· ··=· =· · -· ···=····a··~····=·····=······=···-··· - ···-· · ···•••··••·•=
STAFF REPORT
To:
From:
Board of Directors
Fire Chief Schapelhouman
Meeting Date 11/20/2008
Item: CONSIDER AND APPROVE A RI~SOLUTION AUTHORIZING THE FIRE CHIEl1 TO
EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) NATIONAL URBAN SEARCH AND RESCUE (US&R) RESPONSE SYSTEM FOR CALIFORNIA TASK FORCE #3.
* * * * * * * * * * * * * * *
Staff Recommendation
1. That the Board of Directors accepts the report as presented.
2. That the Board of Directors approves a Resolution authorizing the Fire Chief to execute a MOU with FEMA for California Task Force #3.
Background
FEMA and California Task Force 3 have been using the same MOU since 1993. There have been several legal and regulatory changes since that time including the transfer of FEMA to the Department of Homeland Security in 2003 and the publication of the US&R Interim-Final Rule at 44 CFR Part 208 in 2005.
Discussion
The new MOU was developed by the US&R. Legal Issues Work Group, which includes representatives from US&R Task Forces, the US&R Program Office, and FEMA's Office of Chief Counsel. All 28 US&R Task Forces have reviewed the new MOU. FEMA is requiring that all US&R Task Forces execute the new MOU.
ATTACHMENT A - Resolution authorizing the Fire Chief to execute the new MOU with FEMA for California Task Force 3
ATTA.CHMENT B - Memorandum of Agreement for Participation in the National Urban Search & Rescue Response System
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Resolution No. 1250-2008
RESOLUTION OF THE DISTRICT BOARD OF MENLO PARK FIRE PROTECTION
DISTRICT AUTHORIZING THE FIRE CHIEF TO EXECUTE A MEMORANDUM
OF UNDERSTANDING WITH THE FEDERAL EMERGENCY MANAGEMENT
AGENCY'S NATIONAL URBAN SEARCH AND RESCUE (US&R) RESI'ONSE SYSTEM FOR CALIFORNIA TASK FORCE #3.
WHEREAS, the Fire Chief presented to the Board of Directors a staff report outlining the request from FEMA for the execution of a new MOU; and
WHEREAS, the Board of Directors has reviewed and accepted the report as submitted.
NOW, THEREFORE, BE I'I' HEREBY U .. ESOLVElf> that the Board of Directors of the Menlo Park Fire Protection District authorizes the Fire Chief to execute the MOU as submitted as Attachment B. 1 HERE:HY CERTIFY that the above and foregoing resolution was passed and adopted by the Board of Directors of the Menlo Park Fire Protection District at a special meeting held on the zo" day of November 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Spencer, Brown, Janson (teleconferencing), Carpenter, Ohtaki Barton P. Spencer
AT~ ~ ~ ~ ~
Deanna Riding, d!'rk of the Hoar?
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U.S. Department of Homeland Security
Washington, D.C. 20472
October 6, 2009
Brian Kelly
Program Manager
Menlo Park Fire Protection District
Menlo Park US&R Task Force, CA-TF3
300 Middlefield Rd.
Menlo Park, CA 94025
Dear Mr. Kelly:
Enclosed is a copy of your 2008 standard Memorandum of Agreement (MOA) with FEMA that has a complete set of signatures for your records.
Thank you for your assistance.
If you have any questions, please contact me at telephone 202-646-2674.
Sincerely,
~
Shu-Ahn Li
Urban Search and Rescue
Disaster Operations Directorate
Enclosure
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U.S. Department of Homeland Security
Washington, DC 204 72
FEMA
US&R PROGRAM DIRECTIVE - 2016-006
July 22, 2016
FOR:
FROM:
National Urban Search & Rescue Response System
Task Force Representatives
Fred Endrikat, Chief
Urban Search and Rescue Branch
Digitally signed by FRED R ENDRIKAT
DN: c=US, o::U.S. Government, ou=Department or
Homeland Security, ou,.,FEMA, ou- Peopte,
cn=FRED R ENDRIKAT,
0.9.2342.19200300.100.1.1 =0032602355.FEMA. l
Date: 2016.07.22 08:51:00-04'00'
SUBJECT: US&R Program Directive 2016-006 Memorandum of Agreement for Participation in the National Urban Search and Rescue (US&R) Response System - Adjustment to Regulation Reference
Implementation Date: December 26, 2014; Re-issue: When Superseded The purpose of this US&R Program Directive is to address a regulatory change affecting the executed Memorandums of Agreement (MOAs) between FEMA and the Sponsoring Agencies of the 28 National US&R Response System Task Forces. Since the implementation of these MOAs, the regulations for the Uniform Administrative Requirements, Cost Principles and Audit Requirements have been updated in the Omnicircular (2 CFR Part 200), from what was once contained in 0MB Circular A-102/44 CFR Part 13, 2 CFR Part 225,230 & 220 and 0MB Circular A-133. The Omnicircular became effective for all grants and cooperative agreements awarded after December 26, 2014. All US&R Readiness Cooperative Agreement Notice of Funding Opportunity packages since December 26, 2014 have reflected this change.
Paragraph IX.A. of the MO As states in part "Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation." Accordingly, the Omnicircular, 2 CFR Part 200 supersedes and replaces all references to 0MB Circular A-102, 44 CFR Part 13, 2 CFR Part 225,230 & 220 and 0MB Circular A-133 contained within the executed MOA between FEMA and your Sponsoring Agency for any grants/cooperative agreements received by the Sponsoring Agencies after December 26, 2014.
The "Implementation Date" above reflects the date the Omnicircular (2 CFR Part 200) became effective. This Program Directive is being issued in order to reinforce this change and to address the executed MOAs between FEMA and the Sponsoring Agencies.
REQUIRED ACTIONS
This Program Directive is disseminated for FEMA National US&R Response System reinforcement. Each task force shall file this Program Directive with their file copy of their more currently executed MOA.
cc: US&R Strategic Group
US&R Advisory Group
US&R Branch Staff
FEMA Regional/Federal/International ESF #9 Representatives US&R Grant Managers
www.fema.gov
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1/18/2017
CALIFORNIA TASK FORCE 3
ADDENDUM TO MEMORANDUM OF AGREEMENT
WITH PARTICIPATING AGENCY CANINE SEARCH SPECIALIST
This “Addendum” modifies and amends the Memorandum of Agreement with Participating Agency (“Agreement”) entered into effective ________________ by and between the Menlo Park Fire Protection District (“District”) and ___________________ as the Participating Agency (“Agency”), which Agreement has been amended previously as of the same date by the “First Amendment” between the same parties. As set forth in this Addendum, the parties further agree as follows:
1. Purpose. The purpose of this Addendum is to amend the Agreement to provide the terms and conditions agreed upon by the parties under which Participating Agency will organize, train and provide to District, as Sponsoring Agency for California Task Force 3 (CA-TF3) of the US&R Program, certain canine search resources for use as part of CA-TF3.
2. Canine Search Teams (CST). The canine search resources referred to in this Addendum are Canine Search Teams (“CSTs”) consisting of a canine, either Live Find Or Human Remains Detection, and its Canine Search Specialist (CSS) handler who are trained and qualified to engage in searches for human victims of emergencies and disasters to which the Task Force may be required to respond in connection with its US&R mission.
2.1 Canines may be procured through the National Disaster Search Dog Foundation (NDSDF) and are the property of NDSDF, a recognized Search and Rescue Dog association or may be procured, owned, and furnished by the CSS. At a minimum, each CST must meet the Federal Emergency Management Administration (FEMA) Canine Search Specialist Training Objectives Standards of Progress Check (3) Three (“FEMA CST Check 3”), as provided under the CA-TF3 Progress Evaluation.
2.1.1 CSS procuring canines through the NDSDF shall agree and sign the NDSDF Individual Canine Search Team Service Agreement.
2.2 Successful completion of Canine Certification Evaluation, Type-1 (“FEMA CCE Type 1”) conducted by DHS/FEMA under the US&R Program is required of a CST to be designated as a Rostered CST with CA-TF3.
2.3 In addition to other requirements specified in the Agreement, the CSS personnel shall be full-time, regularly employed firefighters of Participating Agency who have been designated as Canine Search Specialists by the Agency and have volunteered to serve as a Canine Search Specialist with CA-TF3.
3. Responsibilities of District. In the event District receives adequate annual funding for canine search services under CA-TF3, the District will provide the Participant with limited financial support for certain CST training, evaluation activities, and canine care and maintenance as described in this Section 3.
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ATTACHMENT 3
1/18/2017
3.1 Designate and furnish Task Force Canine Coordinator whose duties will include:
3.1.1 Plan and coordinate CSS training including preliminary testing required for Canine Certification Evaluations.
3.1.2 Develop Incident Action Plans for training of CSTs.
3.1.3 Evaluate CSTs for performance.
3.2 Upon successful completion of FEMA CST Check 3, as provided under the CA-TF3 Progress Evaluation Procedure, the District will provide health insurance coverage for each non National Disaster Search Dog Foundation (NDSDF) canine member of a CST to the extent such coverage can be obtained at a reasonable cost and subject to such coverage limits, exclusions, deductibles, restrictions and other features typical of such policies in the insurance market.
3.3 Pre-approved expenses eligible for reimbursement are those reasonably and necessarily required for transportation, lodging, meals, and attendance fees for FEMA- approved training programs. Reimbursement shall also be subject to any District promulgated travel policies that are applicable to CA-TF3. The events for which reimbursement will be provided and the limits on reimbursement are:
3.3.1 Up to $15,000 on a one-time-each per CSS for participation in training conducted by and at the National Disaster Search Dog Foundation or other designated recognized Search and Rescue Dog Association.
3.3.2 Up to $4,000 per CSS on a one-time-each per CSS for participation in the canine Search Specialist Course provided by the Department of Homeland Security/Federal Emergency Management Agency (“DHS/FEMA”).
3.3.3 Up to $6,000 per Canine Certification Evaluation required of a CST, for a FEMA CCE Type 1 training course required of a CST and conducted by DHS/FEMA under the US&R Program. CA-TF3 will financially support one attempt for each canine.
3.4 Each CSS is entitled to a stipend as compensation for time spent in the care, feeding, grooming and other needs of the assigned canine. For each CSS assigned to CA- TF3, upon the date at-home care of a canine commences and successful completion of the Progress Check (3) Three (“FEMA CST Check 3”), District will pay a stipend to the CSS through the Participating Agency in the total of $300 per month on a quarterly basis for the off duty time spent caring for his/her assigned canine. Responsibility for obtaining consent, and engaging in all necessary negotiations for the same, shall rest solely with the Participating Agency. This funding will be reviewed on an annual basis and may be adjusted if needed.
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3.5 A CST may not be utilized in searches for criminal suspects, evidence of crimes, incendiary devices or explosives except to the extent such an activity may be incidental to a US&R mission conducted for the purposes of the Agreement.
3.6. District will also procure and provide to CSS the following specialized equipment upon the successful completion of the FEMA CST Check 3, as provided under the CA-TF3 Progress Evaluation Procedure:
3.6.1 CA-TF3 work uniform and Personal Protection Equipment (PPE) consisting of three (3) BDU pants and T-Shirts, one (1) Sweatshirt, one (1) Team Baseball Cap, one (1) set of leather gloves, one (1) helmet, eye protection and hearing protection, one (1) BDU Blouse and one (1) canine vest.
3.6.2 An appropriate portable kennel with mounted automatic watering device if needed.
3.6.3 A set of portable food and water bowls.
4. Responsibilities of Participating Agency. In addition to the other obligations of a Participating Agency under the Agreement, Participating Agency shall have the following responsibilities with respect to the participation of its CSS on the Task Force:
4.1 Participating Agency shall keep District fully informed of pertinent information about its CSS personnel and canines that would affect a CSS’s ability to carry out its role on the Task Force.
4.2 CSS shall provide for all of his or her canine medical and maintenance needs at the participant's sole expense, except as set forth herein.
4.3 CSS’s primary obligation for emergency response or use will be for CA- TF3.
4.4 CSS will have one (1) year from Progress Check (3) Three (“FEMA CST Check 3”) to complete the FEMA CCE Type 1 certification. Canine health insurance coverage and stipend may be suspended if the participant exceeds the one (1) year time frame. Participant must remain active and certified to receive canine health insurance coverage.
4.5 CSS will have one (1) year from CCE Type I certification expiration to recertify. Canine health insurance coverage and stipend may be suspended if the participant exceeds the one (1) year time frame. CSS must remain active and certified to receive canine health insurance coverage.
4.6 If any Participating Agency CSS is deployed in support of California Office of Emergency Services (Cal OES), local law enforcement or another public agency, or if a CSS is otherwise expected to be unavailable for deployment for any reason for an interval 215 of 237
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of seven consecutive days or longer, the Participating Agency shall provide timely notice of that circumstance to the Task Force so as to avoid possible interference with the Task Force’s condition of readiness to perform its US&R mission.
4.7 Participating agency shall promptly provide District with current information called for in MOA, Attachment 2 to the Agreement concerning CSS personnel identity, rank and non-benefited pay rates.
4.8 All Participating Agency CSS will be required to serve as a CSS for a period of five years after being rostered. Participating Agency shall reimburse District for all training costs if CSS fails to complete the five-year commitment as a CSS. The CSS will have the option to drop their five-year obligation as a CSS, without penalty under any of the following criteria:
4.8.1 The CSS sustains an illness/injury that would prohibit them from performing as a CSS.
4.8.2 Special circumstances (permission from the Participating Agency Fire Chief and from the Sponsoring Agency Fire Chief).
4.9 Temporary Leave of Absence from the CA-TF3 Canine Program
4.9.1 CSS may request a temporary leave of absence from CST duties for a period of three months or less. CSS will not be entitled to canine stipend during the leave period. Periods exceeding three months or multiple leaves (two or more) within a one-year period will be considered long-term leaves. CSS may be granted a temporary leave of absence with permission from the Participating Agency Fire Chief and by the CA-TF3 Program Manager and/or Program Coordinator.
4.9.2 Long-term leave of absence will be considered a term of three months or more, but not exceeding one year. CSS will not be entitled to canine stipend or the canine health insurance during the leave period. CSS desiring to return to the CA-TF3 canine program will have to meet all FEMA, and CA-TF3 canine requirements for CSS within 30 days. The CSS must successfully complete a performance evaluation conducted by the Canine Coordinator.
4.9.3 CSS may be granted a long term leave of absence with permission from the Participating Agency Fire Chief and by the CA-TF3 Program Manager and/or Program Coordinator.
5. Effect of Amendment. This Addendum supplements the parties’ Agreement, but except to the extent that any portion of the Agreement may have been expressly superseded by the provisions of this Addendum, the Agreement remains in full force and effect.
6. Effective Date. This Addendum is effective when it has been duly and lawfully approved and executed by the parties’ respective authorized representatives. For purposes of 216 of 237
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convenience, the Addendum’s effective date is _____________________.
In recognition of the foregoing Addendum, the parties have executed this instrument in the spaces below.
District: MENLO PARK FIRE PROTECTION DISTRICT
By_____________________________Date:____________
Sponsoring Agency Fire Chief
And By___________________________Date:__________
Task Force Representative
Participating Agency:
By_____________________________Date:____________
Participating Agency Representative
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: September 24, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Peter Gilli, Community Development Director Eliseo Amaya, Associate Planner
SUBJECT: Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code for Minor Amendments Related to Modifications, Temporary Use Permits, and Architectural Review” and Finding Such Action Exempt from the California Environmental Quality Act
BACKGROUND:
At its August 27, 2024 meeting, the City Council unanimously introduced, read by title only and waived further reading of an ordinance entitled of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code for Minor Amendments Related to Modifications, Temporary Use Permits, and Architectural Review and Finding Such Action Exempt from the California Environmental Quality Act.” This item was not reviewed at the September 10, 2024 City Council meeting due to a clerical error.
DISCUSSION:
The purpose of this consent calendar item is to consider adoption of an ordinance that would amend the San Bruno Municipal Code. The amendments clarify criteria for minor and major modifications to previously approved projects, allow administrative approval and extension of construction yard permits, and specify permit requirements based on residential floor area ratio.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL IMPACT:
These amendments are exempt from the California Environmental Quality Act based on Section 15061(b)(3) and 15378(b)(5), and therefore no further environmental analysis is required.
RECOMMENDATION:
Adopt an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code for Minor 218 of 237
Item 6n.
Honorable Mayor and Members of the City Council
September 10, 2024
Amendments Related to Modifications, Temporary Use Permits, and Architectural Review” and Finding Such Action Exempt from the California Environmental Quality Act.
ALTERNATIVES:
1. Do not adopt the Ordinance.
2. Continue the item and direct staff to make modifications to the ordinance.
ATTACHMENTS:
1. Ordinance
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ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING ARTICLE III (ZONING) OF TITLE 12 (LAND USE) OF THE MUNICIPAL CODE FOR
MINOR AMENDMENTS RELATED TO MODIFICATIONS, TEMPORARY USE PERMITS,
AND ARCHITECTURAL REVIEW AND FINDING SUCH ACTION EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF SAN BRUNO DOES ORDAIN AS FOLLOWS:
Section 1. Based on the facts in the Staff Report, written and oral testimony, and exhibits presented, the City Council hereby makes the following findings of facts in support of the proposed Municipal Code amendments:
A. The Legislature of the State of California has in Government Code Sections 65302, 65560 et seq., and 65800 conferred upon local governments the authority to adopt regulations designed to ensure the public health, safety, and general welfare of its citizenry; and
B. The proposed San Bruno Municipal Code Amendments are consistent with the General Plan and Specific Plans of the City of San Bruno; and
C. It is in the public interest for the City to establish reasonable, up-to-date, and comprehensive development standards and regulations; and D. The proposed Municipal Code Amendments will not be detrimental to the health, safety, morals, comfort and general welfare of the Citizens of San Bruno.
E. The zoning code amendments were considered by the San Bruno Planning Commission on August 6, 2024, at a duly noticed public hearing. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 2024-09 recommending that the City Council adopt the zoning code amendments.
F. A notice of public hearing was duly posted for consideration of this proposed Ordinance at the City of San Bruno City Council meeting on August 27, 2024, and on said date, the public hearing was opened, held and closed and the Ordinance was introduced.
Section 2. Editorial guidance. The following non-substantive editorial style is used. Words that are underlined are additions; words with a line through are deleted; and words in [brackets] are instructions for the Code publisher and which instructions are not to be published in the City’s Code unless worded as an “editor’s note”.
In addition, the Code publisher will arrange definitions and other changes alphabetically to conform to the Code’s current style and will, as needed, re-order numbering and lettering changes caused by these amendments. The City Clerk and the City Attorney are authorized to work with the Code Publisher to effectuate non-substantive amendments to ensure consistency as to form and style of the Code.
Further, the code publisher is directed to substitute the name of an office and/or position wherever possible rather than use a gender pronoun without further or formal amendments. 220 of 237
ATTACHMENT 1
Section 3. Section 12.78.030 (Modifications) of Chapter 12.78 (Zoning Administration) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows:
12.78.030 Modifications.
An applicant may submit a planning application for a modification of a previously approved planning application, prior to the issuance of building permits, a certificate of occupancy for the project, or after project completion. The community development director shall determine whether a proposed modification is minor or major.
A. Minor Modifications. The community development director may approve minor modifications to approved planning applications that are consistent with the original findings and conditions approved by the decision-making hearing body and do not substantially alter character- defining design features or operational aspects of a project.
B. Major Modifications. Major modifications include changes to character-defining design features, a one or more substantive changes in approved plans site plan or building plan that would affect a condition of approval, a one or more changes that would make the a project inconsistent with original required findings made by the decision-making body for the discretionary approval, or a request for substantive changes in conditions of approval.
Major modifications shall be reviewed by the decision-making body authorized to act on the application type being modified. The decision-making body may include reasonable conditions of approval deemed necessary to make the findings of approval. The decision-making body has the discretion to extend the expiration date of the original application based on the date the major modification is approved.
C. If additional planning applications are requested in conjunction with a request for a modification, the modification shall be reviewed by the decision-making body possessing the authority for final action for the planning applications.
D. Appeals shall be as set forth in this chapter. (Ord. 1898 § 3, 2021) Section 4. Section 12.84.030.D of Chapter 12.84 (General Provisions, Conditions and Exceptions) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows:
D. Community development director actions. The community development director may grant temporary use permits for any temporary use lasting for a period of three months or less. In addition, the director may grant a temporary use permit for up to one year for a yard, staging or parking related to a construction project within the city limits, and such temporary use permit may be extended for up to one year at a time until the project is completed, if the applicant provides the director with satisfactory evidence that the construction project is proceeding in a timely manner.
1. An application for a temporary use permit shall be made under this subsection shall conform to the requirements specified in Sections 12.76.060 (Payment of fees required), 12.78.010 (Planning application completion and close out due to inactivity), and 12.112.020 (Application and plans), and the application shall be made at least sixty days in advance of the intended commencement date of the temporary use.
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2. Upon receipt of a complete application for a temporary use permit under this subsection, the community development director shall approve, deny, or conditionally approve the application within one month.
3. At least ten days prior to approving a temporary use permit under this subsection, the community development director shall ensure that written notice of the proposed temporary use is:
(a) posted in at least three conspicuous places on utility poles on both sides of the property frontage and across the street from the subject property; and (b) is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property within three hundred feet of the exterior boundaries of the property for which the application is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. The notice shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the timing of approval, and a statement indicating the ability of any interested party to submit comments to the community development director.
4. The community development director shall grant a temporary use permit under this subsection D only if the director makes the findings required by Section 12.112.050(B).
5. The applicant or any other interested party may appeal the community development director’s action on the temporary use permit to the planning commission. Appeals shall be made in writing, accompanied by any required fee, and filed with the city clerk within ten days after the final action of the community development director. The appeal shall clearly state the facts of the case and the grounds for the appeal. Upon receipt of the appeal, the community development director will schedule the appeal for a planning commission hearing within thirty days after the filing of the appeal.
6. The community development director may revoke a temporary use permit granted pursuant to the provisions of this subsection if any of the conditions or terms of such approval are violated or if any law is violated in connection therewith. At least ten days prior to revoking a temporary use permit under this subsection, the community development director shall ensure that written notice of the proposed revocation is given to the permittee, and is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property adjacent to the property for which the revocation is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. A permittee or other interested party may appeal a revocation decision to the planning commission, as provided in subsection (D)(5) of this section.
Section 5. Section 12.200.070.D of Chapter 12.200 (Development Regulations for the R-1 and R-2 Zoning Districts) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows:
D. New structures or additions to existing structures that cause the floor area ratio to exceed the permitted floor area defined in Section 12.200.040.G, H, and I., but not to exceed a floor area ratio equivalent of 0.62 as defined in Section 12.200.040.G, H, and I allowed by this section. Projects that result in equivalent floor area ratio above 0.62 shall require approval of the planning commission.
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Section 6. Pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) (common-sense exemption) and 15378(b)(5) (activities excluded from the definition of “project”), consideration of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA).
Section 7. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of San Bruno hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
Section 8. This Ordinance shall take effect and be in force 30 days after its adoption.
Section 9. The City Clerk shall publish this Ordinance according to law. ______________________________
Rico E. Medina, Mayor
ATTEST:
______________________________
Lupita Huerta, City Clerk APPROVED AS TO FORM:
______________________________
Trisha Ortiz, City Attorney
---o0o---
I hereby certify that the foregoing Ordinance No. __
was introduced at a regular meeting of the San Bruno City Council on August 27, 2024, and adopted by the San Bruno City Council at a regular meeting on September 24, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
______________________________
Lupita Huerta, City Clerk
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: September 24, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Travis M. Karlen, Community Services Director Tim Wallace, Community Services Superintendent
SUBJECT: Consider Adoption of a Resolution Approving the Recommendation of the Service Award Committee to Award the Recognition of Extraordinary Service Award to Harry Costa by Naming the Stage at Centennial Plaza After Him (Posthumously) with Placement of the Plaque on or Near the Stage; and Approving the Recommendation of the Service Award Committee to Award the Recognition of the Extraordinary Service Award to Mike Palmer with Placement of the Award Plaque Near Diamond 1 in City Park
BACKGROUND:
The City of San Bruno Service Recognition Program was established by the City Council to honor individuals or groups who have made significant and sustained contributions to the community. The program features two award levels:
• Special Service Recognition: Requires a minimum of 15 years of dedicated service. • Extraordinary Service Recognition: Requires a minimum of 25 years of dedicated service.
Both award categories recognize those who have positively impacted San Bruno through long- term service. Recipients are expected to be role models in the community, demonstrating their contributions through the creation of new programs, enhancement of existing services, or the development of City facilities.
Nominations are submitted by recognized San Bruno organizations, and the Service Recognition Committee evaluates the submissions. The Committee is composed of two commissioners each from the Culture and Arts, Parks and Recreation, and Planning Commission. Nominations require five affirmative votes from the Committee to be forwarded to the City Council for consideration, where a simple majority vote is needed for approval.
Approved nominees are traditionally honored with a plaque placed on the Unity Sculpture in City Park, unless an alternative location is authorized by the City Council.
DISCUSSION:
In July 2024, the Parks and Recreation Commission and Culture and Arts Commission selected two commissioners each to serve on the Service Recognition Committee. The Planning 224 of 237
Item 7a.
Honorable Mayor and Members of the City Council
September 24, 2024
Commission selected two commissioners at its August 6, 2024, special meeting. The Committee members are:
•Rick Biasotti, Planning Commissioner
•Pamela Gamble, Culture and Arts Commissioner
•Jeanne George, Culture and Arts Commissioner
•Kris Gonzales, Parks and Recreation Commissioner
•Auros Harman, Planning Commissioner
•Jessica Martinucci, Parks and Recreation Commissioner
The Service Recognition Committee held its meeting on September 4, 2024, at the Recreation and Aquatic Center, where Kris Gonzales was elected Chair and Jessica Martinucci as Vice- Chair.
The Committee reviewed two nominees for the Extraordinary Service Award: Harry Costa and Mike Palmer, both nominated by the San Bruno Lions Club and the San Bruno Rotary Club.
Harry Costa’s Service:
•Proprietor of Costa’s Office Supplies/Costa’s Just Things on San Mateo Avenue for over 30 years.
•Over 30 years as a member of the San Bruno Lions Club, serving multiple terms as president and treasurer.
•Organized the Posy Parade many times as a member of the Lions. •Long-time president of the San Bruno Chamber of Commerce. The Chamber prospered under his leadership, and he became known as “The Mayor of San Mateo Avenue.” •Key figure in the Narita Sister City Committee, instrumental in establishing the sister city exchange program and representing San Bruno on several visits to Narita. •Organizer and promoter of the San Bruno Street Fair and San Mateo Car Show for many years.
•Served for many years on the San Mateo County Fair Board of Directors.
Mike Palmer’s Service:
•San Bruno resident since 1958, coached San Bruno youth league baseball teams from 1976-2002.
•Incorporated and led the Peninsula Colt League, San Bruno Colt Baseball, and San Bruno Youth Baseball for many years, serving thousands of San Bruno children. •Co-authored the initial Memorandum of Understanding in 2010 between the City and a youth sports organization to determine responsibility for prepping baseball fields, a model for other sports leagues and the City’s Adopt-a-Park program. •Parks and Recreation Commissioner since 2010, serving as Chair since 2012. •Co-wrote the Commission handbook and was instrumental in creating the Park Visit program, promoting regular assessments of San Bruno parks. •Served on the Recreation and Aquatic Center Construction Advisory Board from 2017 to 2024.
•Retired after a 35-year career with the San Mateo Union High School District.
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Honorable Mayor and Members of the City Council
September 24, 2024
Five individuals spoke on behalf of the nominees at the Service Recognition Committee meeting: David Nigel and Peter Carey spoke on behalf of Harry Costa, while David Nigel, Lorry Greenberg, and Scott Zayac spoke on behalf of Mike Palmer.
After reviewing the nominees’ contributions and listening to public comments, the Committee unanimously voted (6-0) to recommend naming the stage at Centennial Plaza after Harry Costa in concert with the Extraordinary Service Award and placement of the award plaque at or near the stage.
Similarly, the Committee also unanimously voted (6-0) to recommend Mike Palmer for the Extraordinary Service Award. In recognition of Mr. Palmer’s long-standing involvement with San Bruno baseball leagues, the Committee discussed an alternative location for the award plaque.
The Committee voted unanimously (6-0) to recommend the award plaque be placed near Diamond 1 in City Park, rather than on the Unity Sculpture.
FISCAL IMPACT:
Sufficient funds are available in Community Services’ materials and supplies budget to pay for the plaques, $1,200.
ENVIRONMENTAL IMPACT:
The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.
RECOMMENDATION:
Adopt a Resolution Approving the Recommendation of the Service Award Committee to Award the Recognition of Extraordinary Service Award to Harry Costa by Naming the Stage at Centennial Plaza After Him (Posthumously) With Placement of the Plaque on or Near the Stage; And Approving the Recommendation of the Service Award Committee to Award the Recognition of the Extraordinary Service Award to Mike Palmer with Placement of the Award Plaque Near Diamond 1 in City Park.
ALTERNATIVES:
1. Do not approve the Service Award Committee’s recommendation to award the Recognition of Extraordinary Service Award to one or both nominees.
2. Award the Recognition of Extraordinary Service Award to both nominees, but place one or both plaques on the Unity Sculpture instead of the recommended alternative locations.
ATTACHMENTS:
1. Resolution
2. Nomination Form from San Bruno Lions Club for Harry Costa
3. Nomination Letter from San Bruno Rotary Club for Harry Costa
4. Nomination Form from San Bruno Lions Club for Mike Palmer
5. Nomination Form from San Bruno Rotary Club for Mike Palmer
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1 RESOLUTION NO. 2024- ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BUNO APPROVING THE
RECOMMENDATION OF THE SERVICE AWARD COMMITTEE TO AWARD THE
RECOGNITION OF EXTRAORDINARY SERVICE AWARD TO HARRY COSTA BY NAMING
THE STAGE AT CENTENNIAL PLAZA AFTER HIM (POSTHUMOUSLY) WITH PLACEMENT OF THE PLAQUE ON OR NEAR THE STAGE; AND APPROVING THE RECOMMENDATION
OF THE SERVICE AWARD COMMITTEE TO AWARD THE RECOGNITION OF THE
EXTRAORDINARY SERVICE AWARD TO MIKE PALMER WITH PLACEMENT OF THE AWARD PLAQUE NEAR DIAMOND 1 IN CITY PARK.
WHEREAS, the Service Recognition Program was established by City Council to honor individuals or groups who have made significant and sustained contributions to the community; and
WHEREAS, the Recognition of Extraordinary Service Award requires 25 years of dedicated service; and
WHEREAS, the Service Recognition Committee met on September 4, 2024 to consider the Recognition of Extraordinary Service Award nominations of Harry Costa and Mike Palmer submitted by the San Bruno Lions Club and San Bruno Rotary Club; and WHEREAS, Harry Costa was proprietor of Costa’s Office Supplies/Costa’s Just Things on San Mateo Avenue for over 30 years, president and treasurer of San Bruno Lions Club for many years, organized the Posy Parade on multiple occasions, long-time president of the San Bruno Chamber of Commerce, key figure in the Narita Sister City Committee, organizer and promoter of the San Bruno Street Fair; and
WHEREAS, Mike Palmer coached San Bruno youth league baseball teams from 1976- 2002, incorporated and led the Peninsula Colt League, San Bruno Colt Baseball, and San Bruno Youth Baseball for many years, Parks and Recreation Commissioner since 2010, serving as chair since 2012, co-wrote the Commission handbook, creating the Park Visit program to provide regular assessments of San Bruno parks, served on the Recreation and Aquatic Center Construction Advisory Board from 2017 to 2024; and
WHEREAS, after reviewing Harry Costa’s contributions to the community and listening to public comments, the Committee unanimously voted (6-0) to recommend naming the Centennial Plaza stage after Harry Costa in concert with Recognition of Extraordinary Service Award, along with the placement on or near the stage at Centennial Plaza; and WHEREAS, after reviewing Mike Palmer’s contributions to the community and listening to public comments, the Committee unanimously voted (6-0) to recommend Mike Palmer for the Recognition of Extraordinary Service Award, along with the placement near Diamond 1 at City Park.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Bruno hereby awards the Recognition of Extraordinary Service Award to Harry Costa with naming of the Centennial Plaza stage after him; and awards the Recognition of Extraordinary Service Award to Mike Palmer with the placement of the plaque near Diamond 1 in City Park. 227 of 237
ATTACHMENT 1
2 ---oOo---
I hereby certify that foregoing Resolution No. 2024 – __ was adopted by the San Bruno City Council at a regular meeting on September 24, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ATTACHMENT 2
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ROTARY CLUB OF SAN BRUNO
P.O. BOX 651
San Bruno, California, 94066
Chartered – March 27, 1947
The ‘Club With A Spark’!!!!!
May 7, 2024
Dear Honorable Mayor Medina & City Council Members,
The Rotary Club of San Bruno is honored to nominate Harry Costa with a plaque at the new Centennial Plaza Stage.
Harry Costa was a respected member of the San B
runo business community as
the proprietor of Costa’s Office Supplies (later, Costa’s Just Things, selling antique toys and collectibles) for over 30 years. He was a member of the Lions Club of San Bruno, serving as president and treasurer until his death in 2020. He organized the Posy Parade for the club & the City many times over the years.
Harry also served on the San Bruno Chamber of Commerce and served several terms as President. The Chamber prospered under his leadership. He served so many terms, in fact, that many referred to him as “the Mayor of San Mateo Avenue”.
Harry was passionate about the Narita Japan Sister City committee. He traveled there as a representative of San Bruno many times. He also hosted many Japanese visitors that were visiting our City.
Harry was passionate about cars. He put on the San Mateo Car Show for over 40 years. He was on the San Mateo County Fair Board association and promoted many street fairs including South San Francisco, Daly City and of course San Bruno.
Congresswoman Jackie Speier wrote of Harry. "Harry was a man with a heart as big as San Mateo Avenue in San Bruno, the place where he held forth for so many years as a store owner. He collected so many toys in his store with Gail. Some people personify the friendliness of the city in which they live.
Harry was that man. I will miss him tremendously."
Thank you for your consideration.
Kris Gonzales on behalf of the Rotary Club of San Bruno
OFFICERS
2023- 2024
Pres
ident
Cody Sammut
Gaming Club Management
Artichoke Joe’s – San Bruno
President-elect
Chris Scerri
Contractor-Design Build
Millbrae
Secret
ary - Treasurer
Frank Hedley
Retired
Chief of Police/City Manager
City of San Bruno
Immed. Past-President
Bryan Vander Lugt
Research Scientist
Amgen
South San Francisco
BOARD OF DIRECTORS
2023-2025
Stephan Marshall
Real Estate Broker
Watson/Marshall Group
Burlingame
Meg Finones
Financial Advisor
Edward Jones - Burlingame
Denise Granville
Insurance
State Farm Insurance
Kris Gonzales
Mort
gage Services
CA Real Estate Loans, Inc.
Mary Lou Johnson
Child Car (Retired)
2022 – 2024
Anna Allen
Corporate Project Executive
(Retired)
Larry Franzella
VP/Branch Manager
Intero Real Estate Services
Kirsten Pinochi
General Manager
Recology – San Bruno
Frank Hedley
Retired
Chief of Police/City Manager
City of San Bruno
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ATTACHMENT 3
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ATTACHMENT 4
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CITY OF SAN BRUNO
SERVICE RECOGNITION PROGRAM
The
San Bruno City Council confers an honor of service recognition upon people and organizations that have served the community in a significant way. There are two approved levels of service recognition, Special Service and Extraordinary Service.
Nominees for service recognition must meet the nomination and service criteria described below in order to be considered for this honor. No organization may submit more than two nominations per year and people who are bestowed with service recognition may only receive it once within a specific category.
Rec
ognition of Special Service
A
t least one recognized San Bruno organization must complete a nomination form The nominee must have a minimum of fifteen (15) years dedicated service to San Bruno. The service rendered must demonstrate positive impact on the citizens of San Bruno. The nominee must be viewed as an appropriate role model in the community. The nominee must demonstrate significant contributions to the community by developing new programs, providing leadership for the enhancement of existing programs, or by providing new or improved facilities.
Rec
ognition of Extraordinary Service
A
t least two recognized San Bruno organizations must complete a nomination form The nominee must have a minimum of twenty-five (25) years of dedicated service to San Bruno.
The service rendered must demonstrate a positive impact on the citizens of San Bruno. The nominee must be viewed as an appropriate role model in the community. The nominee must demonstrate significant contributions to the community by developing new programs, providing leadership for the enhancement of existing programs, or by providing new or improved facilities.
The nominee must demonstrate active involvement in multiple community programs influencing the lives of many San Bruno citizens.
Select
ion Process:
N
omination forms may be obtained and submitted by recognized community organizations on an ongoing basis through the City Clerk’s office. Annually in February, a committee comprised of two members from each City Commission (Culture and Arts, Planning, and Parks and Recreation) will review the applications. The review committee can request information from City boards, committees, commissions and other community organizations to assist them in making their recommendation.
Five affirmative votes from the committee are required to recommend the nominee to the City Council.
Three affirmative Council votes are required for passage. 235 of 237
ATTACHMENT 5
The C
ity of San Bruno has established a program to permanently honor those individuals and organizations that have provided service to our community. In order to evaluate prospective honorees, it is necessary that the City of San Bruno gain information regarding the nature and scope of the nominee’s service to the community. This nomination from is to be completed by the organization(s) making the nomination on behalf of the nominee. Please refer to the recognition criteria to determine the eligibility of the prospective nominee.
Application for Recognition of:
Special Service ___ Extraordinary Service ___
____________________________________________________________________________ Name of Nominee:
Name of Nominating Organization(s):
Name of Person Submitting Nomination:
Address:
Phone:
Email:
Date of Nominee’s death (if applicable):
Please describe the nominee’s service contribution to the community. Include dates of service at each organization.
CITY OF SAN BRUNO
SERVICE RECOGNITION PROGRAM
NOMINATION FORM
✔
Mike Palmer
Rotary Club of San Bruno
Kris Gonzales-content provided by David Nigel
N/A
Mike Palmer has had a rich, profoundly involved, and totally dedicated life-long voluntary involvement in our San Bruno Community.
I have personally known Mike Palmer since 1982 as he did an outstanding job teaching and coaching our son's Teener championship baseball team. Our son and our entire family have the highest regard and respect for Mike.
I have also closely and worked collegially with Mike on the City of San Bruno Parks & Recreation Commission where he has distinguished himself as an incredibly successful leader and achiever; as I profoundly admire Mike for his profoundly successful accomplishments, devotion to volunteerism, and interaction with colleagues and City Staff. Mike is an icon of our San Bruno Community! I extended my strongest and highest recommendation.
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Describe how the nominee made significant contributions to the development of new programs, the enhancement of established programs or by providing new or improved facilities. Describe how their leadership made a difference.
How
did the service of the nominee provide a positive impact for the people of San Bruno? Why
was the nominee viewed as an “appropriate role model” within the community? Whi
ch programs or locations were nominee most closely connected with? Please
submit this form to:
Attn: Recognition Program
San Bruno City Clerk
567 El Camino Real
San Bruno, CA 94066
For further information please call (650) 616-7071
Mike's San Bruno's Community Service has been and continues to be impeccable. He knows and has worked with adults and youth throughout our wonderful City and has a reputation that is truly exemplary. Mike gives of his time and energy one hundred percent of the time! Having grown up in San Bruno, Mike possesses a true love and voluntary committee to our citizens and our City.
Our nominee is a San Brunan of the highest caliber. He has been a key and crucial influence and leader in San Bruno Youth Baseball, our San Bruno Parks & Recreation Commission, and has and is currently volunteering at Capuchino High School in their athletic programs. Mike is dependable and "Never" shys away from any opportunity to make our community better and worthwhile.
Mike has been the initiator of countless youth baseball programs not only here in San Bruno, but also throughout the San Francisco Peninsula. He has a distinguished service record on our City of San Bruno Parks and Recreation Commission serving in leadership positions creating many new procedures and activities. Mike has served on the new Recreation-Aquatics Center Coordinating Committee.
In addition to all the descriptions in the previous responses, Mike organizes and coordinates baseball tournaments drawing team participation from throughout northern California playing here in San Bruno. In addtion to the fun and excited of youth baseball games, Mike has been the most diligent Commissioner in our"Park Tour" program which has been a profound help to our City's Park Staff.
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