San Carlos City Council
February 14, 2022

1 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting

February 14, 2022 7:00 P.M.

CONDUCTED REMOTELY
www.cityofsancarlos.org
AGENDA
In accordance with Assembly Bill 361, this meeting will be held by teleconference, and there will not be a physical location from which the public may attend. The public will have access to remotely observe the meeting and address the Council as outlined below.

Observe the Meeting Live:
- Zoom. https://us02web.zoom.us/j/88256140939; or call 1-669-900-9128 and enter the Meeting ID #: 882 5614 0939
- Meeting Webportal. www.sancarlosca.iqm2.com
- Local TV. Comcast Channel 27 and AT&T Uverse Channel 99

Provide Public Comments:

If you plan to make a public comment, please observe the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining by phone, press *9 to “raise hand”.

MAYOR: Sara McDowell
COUNCIL: Ronald Collins, John Dugan, Laura Parmer-Lohan, Adam Rak

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. CHANGES TO THE ORDER OF THE AGENDA

4. PRESENTATIONS
a. Present a Proclamation Recognizing February as Black History Month. b. Present a Proclamation Condemning Antisemitism.

5. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from m embers of the City Council regarding upcoming events in the community and correspondence that they

2 have received. They are informational in nature and no action will be taken on these items at this meeting.

6. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

Each speaker is limited to two minutes. If there are more than five individuals wishing to speak during public comment, the Mayor may choose to allow the first five speakers to speak during this time, and the balance of the Public Comment speakers will be called upon at the end of the Council Meeting.

If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statements made or que stions posed as allowed under the Brown Act (Government Code Section 54954.2). The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.

7. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve Minutes of January 10, 2022 City Council Regular Meeting. c. Adopt a Resolution Appropriating $43,000 from the General Fund (Fu nd 25) to the Alameda De Las Pulgas Landslide Repair Project C1751 in Fiscal Year 2021- 22; Authorizing the City Manager to Execute an Amendment to the Public Projects Agreement with Rehak General Engineering, Inc. in the Amount of $41,970; Ratifying the Ad ditional Scope of Work Completed; Accepting the Alameda De Las Pulgas Landslide Repair Project C1751; and Authorizing the Public Works Director to Issue and Record the Notice of Completion. d. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with Lamphier Gregory to Prepare an Environmental Impact Report for the Alexandria Life Sciences & Technology Project at 987 Commercial Street in an Additional Amount Not to Exceed $39,205.
e. Adopt a Res olution Authorizing the City Manager to Sign an Agreement for Products And/Or Services with Du -All Safety, LLC. in a Not -To-Exceed Amount of $120,000 for Providing Safety Program Services on an as Needed Basis. f. Adopt a Resolution Authorizing the City Manager to Execute a Three -Year Agreement with PrimeGov in the Amount of $75,998.97 for the Agenda and Meeting Management System, with an Option to Renew for Two Years in the Amount of $46,295.05 and a 10% Contingency Up to an Amount of $12,229.40. g. Adopt Ordinance 1577 Amending Ordinance 1363 for the Planned Development (PD) Zoning District for the Property Located at 1129 Old County Road (APN:
046-171-150).

3 8. REPORTS TO COUNCIL
Reports to Council are updates on key City projects by City staff an d City Council Subcommittees. They are informational in nature, and no action will be taken on these items at this meeting.
a. Receive a Report on the Results of the Community Benefits Survey for the East Side Vision Plan Conducted by True North Research.

9. STUDY SESSION
a. Discuss Lobbyist Registration Ordinances and Provide Direction to Staff.

10. PUBLIC HEARING
a. Consideration of Adopting an Urgency Ordinance, Pursuant to Government Code Section 65858(B), Extending Urgency Ordinance 1576 Imposing I nterim Regulations and Objective Standards for the Subdivision and Development of Qualified Senate Bill 9 Properties for a Period of 10 Months and 15 Days.

11. NEW BUSINESS
a. Consideration of Adopting a Resolution Declaring the Need for City Council and Commissions to Continue Conducting Meetings Remotely, Pursuant to Assembly Bill 361; and Discuss and Provide Direction on Returning to In-Person Meetings.

12. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Counci l for placing on a future agenda. No action will be taken on these items at this meeting.

13. ADJOURNMENT

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

In compliance with the Americans with Disabilities Act and Title VI, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 802 -4222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

January 10, 2022 1

San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Conducted Remotely in Accordance with Assembly Bill 361 January 10, 2022, 7:00 PM

MINUTES

ROLL CALL
City Council Present: Sara McDowell, Mayor
Ronald Collins, Councilmember
John Dugan, Councilmember
Laura Parmer-Lohan, Councilmember
Adam Rak, Vice Mayor

Staff Present: Nil Blackburn, Assistant City Manager
Kristina Bell, Police Captain
Rucha Dande, Associate Planner
Sajuti Haque, Management Analyst
Jenny Liu, Sr. Management Analyst
Steven Machida, Public Works Director
Jeff Maltbie, City Manager
Andrea Mardesich, Principal Planner
Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Amy Newby, Parks & Recreation Director
Lisa Porras, Planning Manager
Greg Rubens, City Attorney
Al Savay, Community Development Director
Carrie Tam, Financial Services Manager

1. CALL TO ORDER
The meeting was called to order at 7:00 PM by Mayor Sara McDowell.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor McDowell.

3. CHANGES TO THE ORDER OF THE AGENDA
None.

4. PRESENTATIONS
a. Receive a Presentation from the San Carlos Library on Its Annual Services Report.

San Carlos Library Branch Manager Jessica Koshi-Lum presented on San Carlos Library's 2021 services and responded to Council questions.

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Minutes Acceptance: Minutes of Jan 10, 2022 7:00 PM (CONSENT CALENDAR)

January 10, 2022 2
Councilmember Dugan inquired about the size of the Belmont Library’s makerspace. Ms. Koshi-Lum will confirm and provide it to him offline. b. Receive a Presentation from HIP Housing on Its Services to the Community.

Lauren Boro, Member of the HIP Housing Board of Director, provided an update to Council on HIP Housing's programs.

5. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Mayor McDowell announced that she has been diagnosed with COVID-19 and that she's doing well and in quarantine.

6. PUBLIC COMMENT
David Crabbe, resident, inquired if there are formal plans for Vista and North Crestview Parks.

City Manager Jeff Maltbie directed Parks and Recreation Director Amy Newby to respond to Mr. Crabbe’s inquiry.

Joel Kohn commented that he will speak under item 9a – Senate Bill 9 Ordinance.

7. CONSENT CALENDAR
RESULT: Adopted [Unanimous] Consent Calendar Items ‘a’ – ‘j’.

MOVER: John Dugan
SECONDER: Ronald Collins
AYES: Dugan, Collins, Parmer-Lohan, Rak, McDowell
a. Motion to Waive Reading of All Ordinances.
b. Approve Minutes of November 22, 2021 City Council Special Meeting. c. Approve Minutes of November 22, 2021 City Council Regular Meeting. d. Accept the Quarterly Reports from City Commissions and Boards. e. Adopt a Resolution Declaring the Need for City Council and Commissions to Continue Conducting Meetings Remotely Due to Health and Safety Concerns Pursuant to Assembly Bill 361. Resolution 2022-001
f. Adopt a Resolution Authorizing the Ci ty Manager to Execute a Five -Year Products And/Or Services Agreement with Rustic Ranch Farming Company, LLC for Open Space Vegetation Management Services in an Amount Not to Exceed $1,066,557. Resolution 2022-002
g. Deny Claim of Pam McCubin.
h. Adopt a R esolution Awarding the 2022 Sewer System CCTV Inspection Project C1736-22; Authorizing the City Manager to Execute a Public Project Agreement with Pipe and Plant Solutions, Inc. of Oakland, CA in the Amount of $336,897.00; and Authorizing the Expenditure o f a Contingency in the Amount of $60,641.46.

Resolution 2022-003

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Minutes Acceptance: Minutes of Jan 10, 2022 7:00 PM (CONSENT CALENDAR)

January 10, 2022 3
i. Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with Tetra Tech to Provide Emergency Management Services to the Cities of San Carlos and Redwood City in an Amoun t Not to Exceed $200,000. Resolution 2022-004
j. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with California CAD Solutions, Inc. for Annual Subscription, Maintenance, and On-Call Geographic Information System Services for a Three - Year Term in an Amount Not -To-Exceed $150,000 ($50,000 Per Contract Year).

Resolution 2022-005

8. REPORTS TO COUNCIL
a. Receive a Report Regarding the Receipt and Use of the Coronavirus State and Local Fiscal Recovery Funds from the American Rescue Plan Act of 2021 (“ARPA”).

Administrative Services Director Rebecca Mendenhall presented on the Coronavirus State and Local Fiscal Recovery Funds from the American Rescue Plan Act. She outlined the r estrictions on eligible and ineligible uses, presented staff's recommen dations on the use of the funds and r esponded to Council questions.

Councilmember Dugan provided a caveat to stay mindful of keeping these funds available as there may still be impacts from the pandemic that the City would want to directly address.

9. PUBLIC HEARING
a. Consideration of Adopting an Urgency Ordinance Pursuant to Government Code Section 65858(B) to Impose Interim Regulations and Objective Standards for the Subdivision and Development of Qualified Senate Bill 9 Properties.

Community Development Director Al Savay provided an overview of Senate Bill 9 (“SB 9”) and turned the presentation over to Senior Management Analyst Sajuti Haque. Ms. Haque reviewed the components of SB 9, spoke on the need for an Urgency Ordinance and highlighted the key points of the proposed Ordinance.

Council Housing Subcommittee members Collins and Dugan provided additional information.

Mr. Savay, Principal Planner Andrea Mardesich, City Attorney Greg Rubens and Ms. Haque responded to Council questions.

Mayor McDowell cautioned on unintended consequences of the legislation and asked staff to keep them in mind.

Public Comment
David Crabbe, resident, posed a question for staff, cautioned of a potential issue and spoke in support of the proposed Ordinance.

At Mayor McDowell’s request, Ms. Mardesich and Ms. Haque responded to Mr. Crabbe’s question.

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Minutes Acceptance: Minutes of Jan 10, 2022 7:00 PM (CONSENT CALENDAR)

January 10, 2022 4
David Tuzman, resident and member of the Peninsula Young Democrats, spoke in opposition to the Urgency Ordinance.

Karen Tuzman, resident, spoke in opposition to the Urgency Ordinance.

Joel Kohn, resident, spoke in opposition to the Urgency Ordinance.

Lorene Lederer, resident, inquired on the additional homes’ impact on schools and infrastructures.

Josh Wallace, resident, spoke in support of the Urgency Ordinance.

Jordan Grimes, member of a housing advocacy Group - Peninsula for Everyone, and Political Director of Peninsula Young Democrats, spoke in opposition to the Ordinance and requested Council to address the City’s job-housing imbalance.

Mike Dunham, member of Peninsula for Everyone, spoke in opposition to the Urgency Ordinance.

Tim Hillborn, resident, spoke in support of the Urgency Ordinance and eventually making it permanent, keeping the 16 foot height and requiring a garage for every unit. He urged Council to s upport Our Neighborhood Voices - an initiative to reverse Senate Bills 9 and 10.

Roz Soheili, resident, spoke in support of the Urgency Ordinance.

RESULT: Approved [Unanimous] to Close the Public Hearing.

MOVER: Ronald Collins
SECONDER: Adam Rak
AYES: Rak, Dugan, Collins, Parmer-Lohan, McDowell

At Mayor McDowell's request, City Attorney Greg Rubens responded to concerns expressed during public comment regarding the findings that necessitate an urgency ordinance.

RESULT: Approved [Unanimous] to Re-Open the Public Hearing.

MOVER: Ronald Collins
SECONDER: John Dugan
AYES: Collins, Parmer-Lohan, Rak, Dugan, McDowell

Public Comment
David Tuzman, resident, requested further explanation on how SB 9 subdivisions and accompany developments can constitute as a current and immediate threat.

Sandra Wallace, resident, spoke in support of the Urgency Ordinance to address the SB 9 threat. She also added that opposing commenters are from out of town and inquired about the City’s outreach efforts to residents.

Joel Kohn, resident, spoke in opposition to the Urgency Ordinance.

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Minutes Acceptance: Minutes of Jan 10, 2022 7:00 PM (CONSENT CALENDAR)

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RESULT: Approved [Unanimous] to Close the Public Hearing.

MOVER: Ronald Collins
SECONDER: John Dugan
AYES: Dugan, Collins, Parmer-Lohan, Rak, McDowell

Mayor McDowell requested that r esident David Tuzman follow -up with the City Attorney offline to have his concerns addressed.

At Mayor McDowell's request, City Manager Jeff Maltbie spoke on how the City will conduct public outreach on this item.

RESULT: Adopted [Unanimous] Urgency Ordinance 1576 Pursuant to Government Code Section 65858(B), Imposing Interim
Regulations and Objective Standards for the Subdivision and Development of Qualified Senate Bill 9 Properties.

MOVER: Adam Rak
SECONDER: Ronald Collins
AYES: Rak, Dugan, Collins, Parmer-Lohan, McDowell

10. STUDY SESSION
a. Receive a Presentation on Year-Round Lighting in the Downtown.

Parks and Recreation Director Amy Newby presented on the item, outlining the factors to consider for year -round lighting in the downtown. She and City Manager Jeff Maltbie responded to Council questions.

Council requested that staff update the Request for Proposal requiring vendors to itemize the cost by area for extending lighting to San Carlos Ave , South Laurel and Industrial Arts area, and to also itemize the cost for municipal trees to be lit year-round.

Staff will obtain quotes and provide Council with an update.

11. AGENDA SETTING
a. Consideration of Agendizing an Item to Consider Providing Free Feminine Hygiene Products in All City-Owned Restrooms.

Vice Mayor Rak suggested Council consider offering free feminine hygiene products in all city-owned restrooms.

Council voiced support to add this as a future item on the Consent Calendar. b. Consideration of Agendizing an Item to Consider Installing Diaper Changing Stations in All City-Owned Restrooms (Men's and Women's).

Mayor McDowell spoke on the need for diaper changing stations in all city-owned restrooms.

Council voiced support to add this as a future item on the Consent Calendar.

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Minutes Acceptance: Minutes of Jan 10, 2022 7:00 PM (CONSENT CALENDAR)

January 10, 2022 6
Councilmember Collins suggested Council consider discussing a Resolution of Support for amendments to the American Disabilities Act (ADA). The item will be placed as an agenda setting item for the next meeting for Council to consider.

12. ADJOURNMENT
Mayor McDowell paid tribute to Patrick Boland and adjourned the meeting at 9:35 PM in memory of him.

Crystal Mui,
City Clerk

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Minutes Acceptance: Minutes of Jan 10, 2022 7:00 PM (CONSENT CALENDAR)

CITY COUNCIL

STAFF REPORT

MEETING DATE: February 14, 2022

ITEM TITLE: Adopt a Resolution Appropriating $43,000 from the General Fund (Fund 25) to the Alameda De Las Pulgas Landslide Repair Project C1751 in Fiscal Year 2021-22; Authorizing the City Man ager to Execute an Amendment to the Public Projects Agreement with Rehak General Engineering, Inc. in the Amount of $41,970; Ratifying the Additional Scope of Work Completed; Accepting the Alameda De Las Pulgas Landslide Repair Project C1751; and Authorizing the Public Works Director to Issue and Record the Notice of Completion.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution appropriating $43,000 from the General Capital Fund (Fund 25) to the Alameda de las P ulgas Landslide Repair Project C1751 in Fiscal Year (“FY”) 2021-22, authorizing the City Mana ger to execute an amendment to the public projects a greement with Rehak General Engineering, Inc. in the amount of $ 41,970, ratifying the additional scope of work completed, accepting the Alameda de las Pulgas Landslide Repair Project C1751, and authorizing the Public Works Director to issue and record the Notice of Completion.

FISCAL IMPLICATIONS:

The Alameda de las Pulgas Landslide Repair Project C1751 (“Project”) was originally approved in FY 2017-18 in the amount of $300,000 for design and construction.

In September 2021, s taff requested additional funding in the amount of $104,925 during the time of award to execute a public projects a greement bringing the total approved budget to $404,925.

During the construction, unforeseen site conditions were encountered t hat required additional work outside the original scope of the Project. Therefore, s taff requests an additional appropriation of $43,000 from Fund 25 in FY 2021-22 to complete the additional scope of work.

The table below summarizes total project funding.

Original Project C1751 Budget $300,000
Resolution 2021-089 Additional Appropriation $104,925
Additional Appropriation Required $43,000

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2 New Revised C1751 Project Budget $447,925

There is sufficient funding in Fund 25 to accommodate this request.

BACKGROUND:

The purpose of this item is to accept the Project as complete and authorize the Public Works Director to issue and record the Notice of Completion.

During the February 2017 storms, a slope failure occurred along the downslope shoulder of Alameda de las Pulgas (behind St. Charles Catholic Church). At the time, staff covered the slide mass with plastic tarps and sandbags to prevent further saturation and mov ement of the landslide as the winter progressed.

After the wet season and following a Federal Disaster Declaration, the City’s on -call geotechnical consultant performed fiel d observation and testing. The consultant’s repair recommendation was to remove the landslide debris, and replace with it engineered fill and drained keyways and benched fills to provide proper stability.

Staff ret ained Harris & Associates, Inc. to provide engineering services and prepare the construction documents for the repair. Documents were prepared to secure outside funding for construction. Attempts to secure outside funding failed and the mass continued to be covered with plastic tarps an d sandbags every winter by City m aintenance staff to prevent further landslides.

The City Engineer signed the final bid set construction documents on June 25, 2021 and the City Council approved the construction documents at its July 12, 2021 meeting. The Project was publicly advertised on July 23, 2021 and the City Clerk opened sealed bids on August 31, 2021.

City Council awarded the Project to Rehak General Engineering, Inc. (“Contractor”) at its September 27, 2021 meeting, and the repairs began on November 15, 2021.

ANALYSIS:

The Contractor ran into unforeseen conditions including loose sand pockets and water seepage during construction . The geotechnical engineering consultant provided guidance to address these conditions and potential landslides. Recommendations included extending limits of repair and excavating additional depths and filling the area with engineered fill.

Although the work exceeds the Project ’s available contingency and budget, staff directed the Contractor to proceed with the work under emergency order in accordance with Municipal Code Section 3.12.180 to avoid further landslides and prevent a roadway failure of Alameda de las Pulgas while the native soil was exposed.

Under Municipal Code Section 3.12.180, when Council is unable or unavailable to meet in the time necessary to act, the City Manager or the City Manager’ s designee has the authority to purchase supplies or services in excess of seventy-five thousand dollars without complying with other sections in the Municipal Code.

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3 Extending the limits and excavating additional depths required the Contractor to procu re and place native engineered fill that exceeded the original bid quantities.

Staff recommends authorizing the additional appropriation of $ 43,000 from Fund 25 to the Project budget for FY 2021-22 for work completed by the Contractor.

Additionally, staff recommends authorizing the City Manager to execute an amendment to the public projects agreement in the amount of $ 41,970, as well as ratifying the additional scope of work completed due to unforeseen conditions.

The original and additional scopes of work were completed on Dec ember 23, 2021, in accordance with the approved plans and specifications.

Staff also recommends accepting the Project and authorizing the Public Works Director to issue and record the Notice of Completion.

ALTERNATIVES:

Options available to the City Council include:

1. Adopt a Resolution appropriating $43,000 from Fund 25 to the Project in FY 2021-22, authorizing the City Manager to execute an amendment to the public projects agreement with Contractor in the amount of $ 41,970, ratifying the additional scope of work completed, accepting the Project, and authorizing the Public Works Director to issue and record the Notice of Completion; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida,
Public Works Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2022 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROPRIATING $43,000 FROM THE GENERAL FUND (FUND 25) TO THE ALAMEDA DE LAS PULGAS LANDSLIDE REPAIR PROJECT C1751 IN FISCAL YEAR 2021-22;

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PUBLIC PROJECTS AGREEMENT WITH REHAK GENERAL ENGINEERING, INC. IN THE AMOUNT OF $41,970; RATIFYING THE ADDITIONAL SCOPE OF WORK COMPLETED; ACCEPTING THE ALAMEDA DE LAS PULGAS LANDSLIDE REPAIR PROJECT C1751; AND

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ISSUE AND RECORD THE NOTICE OF COMPLETION.

WHEREAS, during the February 2017 storms, a slope failure occurred along the downslope shoulder of Alameda de las Pulgas (behind St. Charles Catholic Church); and

WHEREAS, staff covered the slide mass with plastic tarps and sandbags to prevent further saturation and movement of the landslide as the winter progressed; and

WHEREAS, after the wet season and following a Federal Disaster Declaration, the City’s on-call geotechnical consultant performed field observation and testing; and

WHEREAS, the geotechnical consultant ’s repair recommendation was to remove the landslide debris and replace it with engineered fill with drained keyways and benched fills to provide proper stability; and

WHEREAS, staff retained Harris & Associates, Inc. to provide engineering services and prepare the construction documents based on the repair recommendation in Fiscal Year (“FY”) 2018- 19; and

WHEREAS, the City Engineer signed the final bid set construction documents on June 25, 2021; and

WHEREAS, the Alameda de las Pulgas Landslide Repair Project (“Project”) was publicly advertised on July 23, 2021; and

WHEREAS, City Council awarded the Project at its September 27, 2021 meeting to Rehak General Engineering, Inc. (“Contractor”) and the repairs began on November 15, 2021; and

WHEREAS, the Contractor ran into unforeseen conditions including loose sand pockets and water seepage during construction; and

WHEREAS, staff recommends authorizing the additional appropriation of $43,000 from the General Fund (Fund 25) to the Project budget for FY 2021-22 for work completed by the Contractor; and

WHEREAS, staff also recommends authorizing the City Manager to execute an amendment to the Public Projects Agreement with Rehak General Engineering, Inc. in the amount of $95,000 as well as ratifying the additional scope of work completed due to unforeseen conditions; and

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Attachment: Resolution (Acceptance of the Alameda De Las Pulgas Landslide Repair Project) WHEREAS, under Municipal Code Section 3.12.180, when City Council is unable or unavailable to meet in the time necessary to act, the City Manager or the City Manager’s designee has the authority to purchase supplies or services in excess of seventy-five thousand dollars without complying with other sections in the Municipal Code; and

WHEREAS, the original and additional scopes of work were completed on December 23, 2021, in accordance to the approved plans & specifications.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Carlos hereby:
- Approves appropriating $43,000 from the General Fund (Fund 25) to the Alameda de las Pulgas Landslide Repair Project C1751 in Fiscal Year 2021-22; - Authorizes the City Manager to execute an amendment to the public projects agreement with Rehak General Engineering, Inc. in the amount of $41,970; - Rratifies the additional scope of work completed; accepting the Alameda de las Pulgas Landslide Repair Project C1751; and
- Authorizes the Public Works Director to issue and record the Notice of Completion.

* * * * *

I, Crystal Mui, City Clerk , hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 14th day of February 2022, by the following vote:

AYES, COUNCILMEMBERS: ______________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________

________________________________
CITY CLERK of the City of San Carlos
APPROVED:

___________________________
MAYOR of the City of San Carlos

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Attachment: Resolution (Acceptance of the Alameda De Las Pulgas Landslide Repair Project)

CITY COUNCIL

STAFF REPORT

MEETING DATE: February 14, 2022

ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with Lamphier Gregory to Prepare an Environmental Impact Report for th e Alexandria Life Sciences & Technology Project at 987 Commercial Street in an Additional Amount Not to Exceed $39,205.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to amend the Professional Serv ices Agreement with Lamphier Gregory to prepare an environmental impact report for the Alexandria Life Sciences & Technology Project at 987 Commercial Street in an additional amount not to exceed $39,205.

FISCAL IMPLICATIONS:

There is no fiscal impact or additional appropriation is not needed at this time.

The cost associated with the processing the planning application and preparation of the environmental impact report (“EIR”) is fully funded by the applicant of the project.

BACKGROUND:

The Plannin g Division received a formal application from Alexandria Real Estate Equities to develop a life sciences and technology project (“Project”) at a 24.7 acre site primarily occupied by Kelly Moore (“Site”). The Site is bounded by Industrial Road, Commercial S treet, Old County Road, and Pulgas Creek. The proposed open campus environment would feature six life science/technology buildings, one centrally located community center, two parking garages, and a network of green space and amenities for the community. T he Project entitlements include a request to rezone the site to Planned Development, Design Review for the new buildings and approval of the Transportation Demand Management Plan and Grading and Dirt Haul. The Project will also include a Development Agreement with community benefits.

The California Environmental Quality Act ( “CEQA”) requires agencies to prepare an analysis of the potential environmental impacts a proposed project may have on the environment in accordance with CEQA guidelines. Given the lar ge scope of the proposed Project, staff has determined that an EIR is the appropriate CEQA analysis to complete.

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2 At its June 22, 2020 , the City Council authorized the City Manager execute a Professional Services Agreement (“Agreement”) with Lamphier Grego ry for the preparation of an EIR for the Project. The Agreement was authorized in an amount not to exceed $294,000. The City Council, at its September 27, 2021 approved an amendment to the contract to authorize an additional $86,000.

The applicant submi tted a revision to the project that requires additional CEQA technical analysis and a second amendment to the agreement with Lamphier Gregory.

ANALYSIS:

The applicant submitted a request to add an additional 100,000 square feet of usable research and dev elopment space to the project site. This change to the project requires additional analysis by the traffic and emissions consultants and overall project management time. The change also extends the time needed to prepare the EIR.

The cost of the additional work outlined above $39,205. The total contract with this amendment is $419,205. This amount includes the original contract of $294,000 and the first contract amendment of $86,000.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the City Manager to Amend the Professional Services Agreement with Lamphier Gregory to prepare an EIR for the Project at 987 Commercial Street in an additional amount not to exceed $39,205; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, AICP
Community Development Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution - Lamphier Gregory Contract Amendment

2. Alexandria Contract Amendment Request

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RESOLUTION NO. 2022 - _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH LAMPHIER GREGORY TO PREPARE AN

ENVIRONMENTAL IMPACT REPORT FOR THE ALEXANDRIA LIFE SCIENCES & TECHNOLOGY PROJECT AT 987 COMMERCIAL STREET IN AN ADDITIONAL AMOUNT NOT TO EXCEED $39,205.
___________________________________________________________________________

WHEREAS, the City of San Carlos has traditionally used the expertise of consulting firms to prepare environmental analysis consistent with the California Environmental Quality Act (“CEQA”) guidelines; and

WHEREAS, Alexandria Real Estate Equities submitted a Planning Division Application to develop a 24.7 acre site with a life science and technology project; and

WHEREAS, the City Council, at its June 22, 2021 meeting authorized the City Manager to execute an agreement for professional services to prepare an Environmental Impact Report (“EIR”) for the Alexandria Life Sciences & Technology Project in an amount not to exceed $294,000; and

WHEREAS, Lamphier Gregory prepared the CEQA Initial Study and issued the Notice of Preparation to receive comments on the scope of the EIR, including holding a scoping meeting with the Planning Commission on July 19, 2021. Based on comments received, staff directed the Lamphier Gregory to expand the scope of work for the EIR and prepare additional traffic analysis; and

WHEREAS, the City Council, at its Septem ber 27, 2021 meeting authorized the City Manager to execute an amendment to the agreement for professional services to prepare an EIR for the Alexandria Life Sciences & Technology Project in an additional amount not to exceed $86,000 for the expanded scope of work; and

WHEREAS, Alexandria Real Estate Equities submitted an amendment to its Planning Division Application to request an additional 100,000 square feet of usable space to the proposed life science and technology project; and

WHEREAS, the expanded project requires additional traffic and emissions analysis under CEQA and Lamphier Gregory has submitted a revised scope of work for the expanded project; and

WHEREAS, Alexandria Real Estate Equities has agreed to fully fund the costs related to the preparation of the EIR.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Carlos authorizes the City Manager to execute an amendment to the agreement for professional services to prepare an Environmental Impact Report for the Alexandria Life Sciences & Technology Project in an additional amount not to exceed $39,205.

* * * * * * *

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Attachment: Resolution - Lamphier Gregory Contract Amendment (Amend Lamphier Gregory Agreement) I, Crystal Mui, City Clerk hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 14th day of February, 2022, by the following vote:

AYES, COUNCILMEMBERS: ______________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________

CITY CLERK of the City of San Carlos
APPROVED:

___________________________
MAYOR of the City of San Carlos

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Attachment: Resolution - Lamphier Gregory Contract Amendment (Amend Lamphier Gregory Agreement) LAMPHIER  GREGORY

U RBAN PLANNING

E NVIRONMENTAL ANALYSIS
Lamphier-Gregory 4100 Redwood Road, STE 20A - #601 Oakland, CA 94619 lamphier-gregory.com

January 13, 2022

Lisa Costa Sanders, Principal Planner
City of San Carlos
sent via e-mail at: [email protected]

RE: Contract Amendment 2 Request for Alexandria Center for Life Science Project

Principal Planner Costa Sanders,
This letter presents our proposal for additional scope and budget to address discussed out-of-scope items.

The project team submitted a revised plan set to the City on Dec 2, 2021. The revisions included an additional approximately 100,000 square feet of life science square footage. These project revisions necessitate re-do of technical analysis and re-drafting of documentation already well underway. To accomplish this, additional budget is requested to cover the following out-of-scope items:

Additional Transportation Analysis by the W-Trans team:

1. Revise the project trip generation forecast for Phase 3.

2. Re-run the C/CAG model for VMT analysis associated with Pha se 3 traffic.

3. Update project trip files in the traffic analysis model for Project Condition 3 (Near-Term with all three project phases).

4. Update project trip files in the traffic analysis model for Cumulative Project Conditions (Long-Term with all three project phases).

5. Edit report text, tables, and figures
Completion of the above W-Trans scope would require a budget of $23,375.

Additional Emissions Analysis by the Illingworth & Rodkin team:

Changes to the project design were transmitted to us after we completed emissions and dispersion modeling of the proposed project. The analysis has to be updated with revised modeling of Phases 1 and 2, including the daycare facility. This involves revised operational emissions and dispersion modeling.

Note that construction modeling was not revised because the changes are anticipated to be minor regarding those impacts.

Completion of the above Illingworth & Rodkin scope would require a budget of $6,380.

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Attachment: Alexandria Contract Amendment Request (Amend Lamphier Gregory Agreement) Lamphier-Gregory 4100 Redwood Road, STE 20A - #601 Oakland, CA 94619 lamphier-gregory.com Additional Assessment and Documentation by Lamphier-Gregory:

To address the revised project description, Lamphier-Gregory will need to make revisions throughout the EIR document, including the project description and most technical analysis chapters. This will involve receipt and review of updated technical documentation from the applicant team and subconsultants above.

Completion of the above Lamphier-Gregory scope would require a budget of $9,450.

Summary of Additional Budget Request:

The total contract amendment 2 additional budget request is $39,205.

Original Contracted Budget $294,000
Contract Amendment 1 Request $86,000
Contract Amendment 2 Request (current) $39,205
Total Budget with Amendment 2 Approval $419,205

Thank you for your consideration of this request and please don’t hesitate to contact me with any questions.

Sincerely,
Rebecca Auld
Rebecca Auld, Vice President
Lamphier‐Gregory, Inc.

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CITY COUNCIL

STAFF REPORT

MEETING DATE: February 14, 2022

ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Sign an Agreement for Products And/Or Services with Du -All Safety, LLC. in a Not -To-Exceed Amount of $120,000 for Providing Safety Program Services on an as Needed Basis.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to sign an Agreement for Products and/or Services with Du-All Safety, LLC. for a not-to-exceed amount of $120,000 for the purpose of providing safety program services on an as-needed basis.

FISCAL IMPLICATIONS:

There is no fiscal impact or additional appropriation needed at this time.

The estimated cost of safety program services is $72,000 for three years, with an option of extending an additional two years, for a total agreement amount not -to-exceed $120,000. There is sufficient funding in the General Liability and Workers’ Compensation budgets to cover this request.

BACKGROUND:

Per Chapter 3.12 of the Ci ty of San Carlos Municipal Code, Purchasing of City Supplies and Services, any contracts less than $75,000 may be approved by the City Manager under his signature authority. Contracts greater than $75,000 must be approved by the City Council. The value this contract exceeds the City Manager’s signing authority and requires approval by the City Council.

In order to maintain a safe work environment and to comply with federal and state laws, the City develops and implements Cal/OSHA required safety programs, provides safety training classes, holds quarterly safety committee meetings, and conducts safety inspections. Many of these services require very specific skills and expertise. As such , staff uses support from safety professionals for the City’s safety program services.

ANALYSIS:

A request for proposals (“RFP”) for safety program supporting services and training was released on December 6, 2021. The proposal included the following scope of work:

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2  Safety inspections three times a year, including biannu al safety inspections for the Corporation Yard, and annual safety inspection of all other City facilities;  Safety Committee attendance on a quarterly basis;
 Customized development/updating of written safety programs as required by Cal/OSHA on an as needed basis;
 Safety training in accordance with the City’s safety programs and in compliance with all federal, state, and local laws and regulations;
 Online Safety Data Sheet (“SDS”) database as required by Cal/OSHA; and  On-call safety consultation on an as-needed basis.

Staff received one proposal from Du -All Safety, LLC. by the January 7, 2022 deadline. While Du-All Safety is the only company that responded to the RFP, it has a long standing relationship with the City and has provided quality services.

In 2014, Du-All Safety completed an environmental health and safety program assessment for the City. Since then, Du-All has been developing and updating a number of Cal/OSHA required safety programs and providing regular safety training on these programs. Over the years, Du-All also expanded its services to provide Safety Committee consultation, conduct safety inspections, and offer online SDS database program. Du -All Safety has over twenty years of experience supporting similar municipalities like the City of San Carlos in the area of environmental health and safety and has a strong team of safety professionals. In the past, staff has had positive experiences and a good working relationship with Du-All Safety.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the City Manager to sign an amendment to the Agreement for Products and/or Services with Du -All Safety, LLC. in a not-to-exceed amount of $120,000 for providing safety program services on an as-needed basis; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall,
Administrative Services Director

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3 Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution

2. RFP Du All Response 2022

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RESOLUTION NO. 2022 – _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT FOR PRODUCTS AND/OR SERVICES WITH DU-ALL SAFETY, LLC. IN A NOT-TO-EXCEED AMOUNT OF $120,000 FOR PROVIDING SAFETY PROGRAM SERVICES ON AN AS NEEDED BASIS.

WHEREAS, in order to maintain a safe work environment and to comply with federal and state laws, the City develops and implements Cal/OSHA required safety programs, provides safety training classes, holds quarterl y safety committee meetings, and conducts safety inspections; and

WHEREAS, a Request for Proposal (“RFP”) for safety program supporting services and training was released on December 6, 2021; and

WHEREAS, staff received one proposal from Du -All Safety, LLC. by the deadline of January 7, 2022; and

WHEREAS, While Du-All Safety is the only company that responded to the RFP, it has a long standing relationship with the City and has provided quality services.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Carlos hereby authorizes THE City Manager to sign an agreement for products and/or services with Du- All Safety, LLC. In a not-to-exceed amount of $120,000 for providing safety program services on an as needed basis.

********
I, Crystal Mui, City Clerk, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 14th day of February, 2022 by the following vote:

AYES, COUNCILMEMBERS: _______________________________________________ NOES, COUNCILMEMBERS: _______________________________________________ ABSENT, COUNCILMEMBERS: _______________________________________________

________________________________
CITY CLERK of the City of San Carlos
APPROVED:

___________________________
MAYOR of the City of San Carlos

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CITY COUNCIL

STAFF REPORT

MEETING DATE: February 14, 2022

ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute a Three -Year Agreement with PrimeGov in the Amount of $75,998.97 for the Agenda and Meeting Management System, with an Opt ion to Renew for Two Years in the Amount of $46,295.05 and a 10% Contingency Up to an Amount of $12,229.40.

RECOMMENDATION:

Staff recommends that the C ity Council adopt a R esolution authorizing the City Manager to execute a three -year agreement with Pr imeGov for the purchase and implementation of an agenda and meeting management system (“AMMS”) in the amount of $75,998.97, with an option to renew for two years in the amount of $46,295.05 and a 10% contingency up to an amount of $12,229.40.

FINANCIAL IMPLICATIONS:

There is no fiscal impact or additional appropriation needed at this time.

The initial project cost of $34,008 will be funded under the City Clerk Department’s Professional Services budget in the General Fund. Ongoing annual maintenance and support costs will be funded under the Information Technology (IT) Equipment Maintenance budget in the General Fund.

BACKGROUND:

The City’s existing AMMS, IQM2 (also referred to as M inuteTraq), plays a significant role in administrative functions Citywide. It was implemented five years ago and has provided the City with an electronic agenda process for all City Council and City Commissions, as well as video streaming for the Council and Planning Commission meetings.

Four months after the City’s imple mentation of IQM2, the system was purchased by Granicus.

Over the last year, it has become evident that Granicus’ focus is to move its IQM2 customers to its primary agenda management system named Peak. While IQM2 will continue to be supported, enhancements and requests for upgrades are not supported. The system is therefore increasingly experiencing operational and functional problems with newer browsers and other application updates.

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2 ANALYSIS:

Proposals
A request for proposals for a new AMMS was released in October 2021. The City received the following six proposals by the December 2021 deadline.

Vendor Initial Project Cost Annual Cost (Years 2-5)
CivicPlus $19,010 $14,826 (+5% annually)
eScribe $30,320 21,003 (+3% annually)
Hylands $94,150 $14,500
Granicus $16,702 $10,852
PrimeGov $34,008 $20,483.40 (+ 5% annually)
Provox $15,745 $9,750

Selection Committee
Staff realized the importance of having representation from all departments to assist in the selection of the AMMS. The appointed Selection Committee consists of:
- Administrative Assistant (Parks and Recreation Department) - Administrative Services Director
- City Clerk
- Economic Development Coordinator
- Executive Assistant (City Manager’s Office)
- IT Manager
- Management Analysts (in Public Works and the Building Division) - Senior Management Analyst (in Administrative Services Department)

The Selection Committee reviewed and analyzed the proposals received and invited Hylands, Granicus, and PrimeGov to provide a demonstration on their proposed solut ions. The vendors were evaluated based on the following criteria:

- User friendly/accessible for both internal and external users - Good customer support
- Range of features for the City to grow into
- Ability to integrate with other systems (such as website and document management) - Competitive price
- References

Following the demonstrations, the Selection Committee determined that PrimeGov offered the best system to meet the City's growing needs and the needs of the community. Adoption of the proposed Resolu tion will allow staff to work with PrimeGov to finalize an agreement in accordance with the City’s terms and conditions.

The implementation process is proposed to begin at the end of February 2022, with a goal to go-live by late summer 2022.

ALTERNATIVES:

The alternatives available to the City Council include:

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3 1. Adopt a Resolution Authorizing the City Manager to Execute a Three -Year Agreement with PrimeGov in the Amount of $75,998.97 for the AMMS, with an Option to Renew for Two Years in the Amount of $46,295.05 and a 10% c ontingency up to an amount of $12,229.40; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Crystal Mui,
City Clerk

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution - AMMS

2. PrimeGov Proposal

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RESOLUTION NO. 2022- _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR AGREEMENT WITH PRIMEGOV IN THE AMOUNT OF $75,998.97 FOR THE AGENDA AND MEETING MANAGEMENT SYSTEM, WITH AN OPTION TO RENEW FOR TWO YEARS IN THE AMOUNT OF $46,295.05 AND A 10% CONTINGENCY UP TO AN AMOUNT OF $12,229.40.

WHEREAS, the City currently utilizes IQM2 (also referred to as M inuteTraq), as its Agenda Meeting and Management System (“AMMS”) to provide the City with an electronic agenda process for the City Council and all City Commissions, as well as video streaming for the Council and Planning Commission meetings; and

WHEREAS, over the last year, the focus of IQM2’s parent company, Granicus, is to move its IQM2 customers to its primary agenda management system named Peak; and

WHEREAS, while IQM2 will continue to be supported, enhancements and requests for upgrades are not sup ported. The system is therefore increasingly experiencing operational and functional problems; and

WHEREAS, a request for proposals to replace IQM2 was released in October 2021, and the City received six proposals by the December 2021 deadline; and

WHEREAS, a Selection Committee comprised of at least one representative from each department reviewed the proposals and invited the top three vendors to provide a demonstration of their product; and

WHEREAS, following the demonstrations, the Selection Committee determined that PrimeGov would provide the best system to meet the City's growing needs and the needs of the community; and

WHEREAS, approval of the proposed Resolution will allow staff to work with PrimeGov to finalize an agreement in accordance with the City’s terms and conditions.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the City Manager to execute a three-year agreement with PrimeGov in the amount of $75,998.97 for the Agenda and Meeting Management System, with an option to renew for two years in the amount of $46,295.05 and a 10% contingency up to an amount of $12,229.40.

*****

I, Crystal Mui, City Clerk, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 14th day of February 2022, by the following vote:

_______________________________
CITY CLERK of the City of San Carlos
APPROVED:

___________________________
MAYOR of the City of San Carlos
AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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Attachment: Resolution - AMMS (Agenda and Meeting Management System) PrimeGov Comprehensive Legislative
Management Solution
Proposal for San Carlos, CA
Submitted To:

Crystal Mui
City Clerk
600 E
lm St.

San Carlos, CA 94070
c
[email protected]
(650) 802-4222
Submitted By:

Joshua Hurni, Sales Director
PrimeGov
3429 Der
ry Street
Harrisburg, PA 17111
josh
[email protected]
512-347-9399

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Attachment: PrimeGov Proposal (Agenda and Meeting Management System)

APPENDIX A
Proposer Checklist
This checklist has been provided to assist Proposers in complying with the RFP requirements.

A
ll items listed must be included with the proposal. Please enter the page number where the item can be found in the proposal and submit the checklist as part of the proposal.

Format Proposal
Page #
Cover Page _______
Proposer Checklist Appendix A _______
Transmittal Letter Narrative _______
Statement of Qualification Narrative _______
Functionality Matrix Appendix B _______
Implementation Plan Narrative _______
Scope of Services Narrative _______
Ongoing Technical Support Narrative _______
Cost Proposal Pricing Page Appendix C _______
Acknowledgement of Contract Requirements Narrative _______ 1 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Transmittal Letter
Dear Ms. Mui,
Thank you for the opportunity to help the City of San Carlos upgrade to a cohesive agenda management system that manages your public meeting processes with the latest, easy-to-use technology. Prime Government Solutions, Inc. (“PrimeGov”) is familiar with the City’s needs in part because we have selectively recruited the most experienced team members in the industry.

In fact, we started PrimeGov because we had developed strong relationships with government staff over the years and we were disheartened by the steady decline in the quality of service and the lack of technical innovation by the big software providers in this space.

PrimeGov is different because our only focus is on managing the public meeting process. We do not build websites or other non-legislative products. We live to make clerks’ lives easier. It’s just what we do. Having that focus means that every day our team is in the field with our clients to see and hear for ourselves exactly where the legislative process needs automation. Then, because our development team is not distracted by other products, we quickly build solutions to meet those challenges. A recent example is the ability to send property notices via postcard without ever leaving our system.

Here are some of the many ways we stand above the rest:
• Every member of our executive team and board has years of experience working with clerks. Unlike document management companies or private equity firms, we understand the pressure staff is under during a meeting and the need for us to respond quickly, especially when the council and the public are waiting. • We build our solution on widely used and supported web applications. Technology, particularly video, has improved dramatically over the last five years; it no longer makes sense to recreate a video player or storage when Google and Microsoft have spent billions developing and maintaining their products. Our role as a company isn’t to recreate the wheel but to adapt software to meet the specific needs of clerks. We offer seamless, superior integrations with popular, easy-to-use products such as Laserfiche, YouTube, Word, Zoom, Chrome, and more.
• Our dedication to delivering the best solutions specific to local government frees up our team to develop software relevant to clerks and members of the public looking for 2 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) information. This feature, along with our new Quick Voting solution, is why the City of Los Angeles contracted with us to replace four of their existing systems with our one. • PrimeGov’s software is 100% cloud-based and can be used from any location without a VPN (Virtual Private Network) setup. There are no client-side installations, stream-lining deployment and implementation. PrimeGov's completely virtual environment ensures business continuity even when faced with the toughest externalities, such as a natural disaster or a public health crisis.
• PrimeGov’s agenda management system allows for the instant generation of agenda packets. Compiling and converting various staff reports and attachments into a complete agenda packet can take hours, but with PrimeGov, this important function happens immediately.
• The system does an automatic check to ensure that the files of supporting documents function prior to compiling, and if they are corrupt, it identifies the broken file for easy replacement, saving you hours of time otherwise spent searching for the specific file. • PrimeGov provides powerful and flexible workflows. Our workflows can be set up to automate a number of tasks such as appointing citizens to boards or sending emails to appointees. Furthermore, staff can create a peer review group as part of a workflow that allows reviewing or editing permissions for staff members without disrupting the standard approval process.
• PrimeGov’s agenda solution is directly tied to our committee management tool and allows for direct item approval through the entire agenda process. This means your workflow and forms controls can be based on specific committee processes. In addition, items can be pushed all the way through the approval process by automation- based approval actions.

We are professionally and personally committed to making the City of San Carlos’s deployment a success. Our implementation plan, flexible training options, and understanding of your requirements ensure that your system will be widely adopted. Once deployment is complete, we’ll be there for you with our experienced support staff and stable, modern technology.

We look forward to working with you so you can see for yourselves how easy PrimeGov is to use and why our experience, technology, and focus on the legislative process make us uniquely capable of meeting your requirements.

Sincerely,
J
oshua Hurni, Sales Director
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Table of Contents
Proposer Checklist ................................................................................................................................ ................. 1 Transmittal Letter ................................................................................................................................ ................... 2 Table of Contents ................................................................................................................................ ................... 4 Statement of Qualification ................................................................................................................................ ... 6 Profile of the Firm ................................................................................................................................ ................... 8 Key Project Team Members ............................................................................................................................. 10 Project Team ......................................................................................................................................................... 12 Representative Projects ..................................................................................................................................... 13 References ............................................................................................................................................................. 15 Functionality Matrix ............................................................................................................................................ 16 Implementation Approach ................................................................................................................................ 30 PrimeGov Implementation: Methods and Stages ................................................................................. 30 Projected Timeline .......................................................................................................................................... 31 Project Team ..................................................................................................................................................... 31 User Testing ...................................................................................................................................................... 32 Training Plan ..................................................................................................................................................... 33 Training Breakdown ....................................................................................................................................... 35 Scope of Work ...................................................................................................................................................... 37 Agenda Automation ....................................................................................................................................... 37 Meeting Management .................................................................................................................................... 40 Video Streaming .............................................................................................................................................. 41 Committee Management .............................................................................................................................. 41 Public Portal ..................................................................................................................................................... 42 Add
itional Modules Available: .................................................................................................................... 42 Community Engagement .......................................................................................................................... 42 Member Voting ............................................................................................................................................ 43 4 7.f.2
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Closed Captioning ............................................................................................................................. 44 Data Migration ................................................................................................................................................. 44 Global Features and Services ...................................................................................................................... 44 Standard Reports ........................................................................................................................................ 44 Custom Reporting ....................................................................................................................................... 45 Mobile Accessibility ................................................................................................................................... 45 API ................................................................................................................................................................... 45 SaaS Solutions - Data Storage and Backup ............................................................................................ 45 Integrations ....................................................................................................................................................... 46 PrimeGov x Laserfiche Integration ........................................................................................................ 46 Ongoing Technical Support.............................................................................................................................. 48 Pricing ...................................................................................................................................................................... 50 AJA Helo Encoder Information ........................................................................................................................ 51 Acknowledgement of Contract Requirements. .......................................................................................... 54 Service Agreement .............................................................................................................................................. 55 Exhibit A City Standard Agreement ................................................................................................................ 68 5 7.f.2
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Our Understanding of San Carlos’s Needs
At PrimeGov, we take pride in fully understanding your project before it begins. Before project initiation, we will provide you with a project plan and, if requested, a Scope of Work (“SOW”) document to support a clear understanding of the project. We are dedicated to providing our clients with the best software solutions in the local government space as well as the most knowledgeable implementation teams, a proven training methodology to support wide internal adoption of the system, and world-class technical support. Our Service Level Agreement outlines our targeted uptime of greater than 99.95% as measured on a monthly basis. (For more information, please see Schedule 1 of our standard services agreement.) PrimeGov’s implementation methodology framework includes planning and discovery, implementation, and project closure. The discovery period includes comprehensive review and analyses of the Client’s business processes for agenda and management. Additional discovery sessions will be held with subject matter experts to map and document workflows, forms, and documents to drive a successful configuration period and lead into training, go live, and transition to the support team for on-going, long-term support.

Proposed Solution
The following list is a summary of the proposed PrimeGov modules for the City of San Carlos.

Each module is 100% cloud-based SAAS and  our solution’s expandable, modular design can readily incorporate additional enhancements in the future. • Agenda Automation: Supports the San Carlos staff in the full lifecycle of the agenda creation. Starting with the creation of a meeting, an item or even just the user itself, Agenda Automation will support managing the entire agenda process. • Meeting Manager: PrimeGov’s module for meetings, managing the roll calls, motions, votes, minutes, notes actions, video streaming and much more. o Speaker Management: Control speaker time with the timer. o Member Voting (Optional): Support the council’s need to vote electronically. o Kiosk: Allow residents to register to vote at the kiosk when attending a meeting • Video Streaming: San Carlos is looking to have complete transparency with its residents, which starts with video streaming. PrimeGov’s video module supports live stream and on demand recording directly to YouTube, creating some of the most powerful streaming in the market.
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Why Choose PrimeGov
PrimeGov is led by a team that has been working with local governments for over 20 years. That experience provides the strongest background in the industry  in understanding the needs of clerks, the checkmarks for IT, the transparency of the council, and the contracting of procurement.

PrimeGov is in a unique position to offer all the expertise needed to guide San Carlos on this next step of software automation. Our implementation, project management, and support teams work solely with local government staff, providing the best possible customer experience and partnership to our customers.
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Profile of the Firm
PrimeGov’s Company History
Prime Government Solutions was founded in 2014 when several jurisdictions—dissatisfied with their current agenda management software options—began looking for a company committed to the legislative process. The PrimeGov team came together to solve this problem. We are a group of leaders that have been serving municipal clerks for more than 20 years. We are passionate about providing quality products, world-class customer service, and close collaboration with our clients. We are dedicated to unlocking the potential of municipal governments through technology, to promoting transparency to empower communities, and to fostering civic engagement.

Prior to 2014, our team designed and implemented hundreds of legislative management solutions as founders of Granicus, Inc. Over the years, we have worked hard to develop strong relationships with government staff throughout the US and Canada and we were disheartened to see the steady decline in service quality and the lack of legislative focus by the leading software providers. It’s because of this decline that our founder started developing the PrimeGov Legislative Management Suite in February 2015. The goal was to utilize the latest technology, strategic partners, and our decades of experience to bring the best possible legislative management product to market. By building our solution on widely used and supported “commercial” web applications and social media, we have been able to rapidly build a single product that can handle the entire legislative process.

Cities and co unties all over the country soon took notice and entered into agreements with us.

In the last six years, we have gone from one client to more than eighty of all sizes: from the City of Los Angeles to Oklahoma City to Oviedo, Florida.

Our Future is Solid
In March 2021, PrimeGov accepted an offer from Rock Solid Technologies, backed by Strattam Capital. This has allowed PrimeGov to continue our client-based philosophy while bringing in additional resources to capitalize on the market opportunities ahead of us.

Rock Solid Technologies provides constituent relationship management (CRM) and citizen engagement solutions for local government. Founded in 1994, Rock Solid is currently a company of 160 employees and has headquarters in Austin, TX and San Juan, PR as well as multiple 8 7.f.2
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lite offices. PrimeGov and Rock Solid first partnered on a deal with the City of San Antonio, which confirmed the value of a combined solution as well as validated our assessment that an integrated offering would create the premier digital solution for government.

Bringing the Rock Solid and PrimeGov companies together has allowed PrimeGov to:
• Align our vision and mission with our new parent company • Strengthen and support our engineering and sales resources • Continue to scale and grow with our current PrimeGov team in place We look forward to partnering with San Carlos and working together towards a bright and successful future.

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Key Project Team Members
PrimeGov’s leadership has decades of experience in agenda management and this is built into our company culture and procedures. Our staff leverages this experience as well as their own expertise to deliver projects in a highly professional and efficient manner.

Please note that project team members are subject to change based on time and resource commitments. Any staffing changes will be confirmed prior to the start of the project.

Name and Title Project Role Summary
Sherif Agib, President Executive Sponsor Oversees project health and customer satisfaction.

Ensures customer stakeholders receive
optimal service per agreement.

Larry Thorpe, Technical Lead Implementation
Consultant
Configuration, testing and technical
guidance
Padraig Supple, Project
Manager
Project Manager Primary point of contact focused on
project management, discovery, and
training of overall solution
Sydney Erickson, Support
Analyst, Team Lead
Support Lead Primary point of contact for continued
support
Joshua Hurni, Sales Director Sales Contact Primary point of contact for solution design and pricing

Sherif Agib
• https://www.linkedin.com/in/sherifagib/
• Education/Certification: AMA Executive Leadership Program • PrimeGov:
o President, Mar 2021 – Present
o CEO, Mar 2020 – Mar 2021;
o COO, Jul 2019 – Mar 2020
• Other relevant experience:
o Granicus (highest role: VP of Operations) Jul 2008 - Jun 2015

Larry Thorpe
• https://www.linkedin.com/in/larry-thorpe-66418185/
• Education/Certification: Utah State University
• PrimeGov QA/Customer Success Manager, Aug 2018 - Present 10 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) • Other relevant employment:
o Hyland Software, aka Sire Technology (highest role: Technical Support Manager) Aug 2011 - Aug 2018

Padraig Supple
• https://www.linkedin.com/in/padraig-supple-64895631/
• Education/Certification: University College Cork (BSc); National University of Ireland, Galway (MSc)
• PrimeGov Project Manager, Mar 2020-Present
• Other relevant employment:
o Propylon (highest role: Senior Business Analyst) Feb 2013-Mar 2020

Sydney Erickson
• https://www.linkedin.com/in/sydneyherickson/
• Education/Certification: Berklee College of Music
• PrimeGov Technical Support Lead, Jul 2020 – Present
• Other relevant employment:
o Granicus (highest role: Customer Support Team Lead) Sep 2015 – Jun 2019

Joshua Hurni
• https://www.linkedin.com/in/joshuahurni/
• Education/Certification: Seattle University (BA), San Francisco State University (MA) • PrimeGov Director of Sales, Jun 2018-Present
• Other relevant employment:
• Granicus (highest role: Account Manager) Jan 2014-Jun 2018

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Project Team

PrimeGov’s leadership has decades of experience in agenda management, and this is built into our culture and company procedures.

Sherif Agib
President, PrimeGov
July 2019 - Present
LinkedIn
VP of Operations at Granicus
2011-2015.

Over a decade of experience
working with government
professionals.

Padraig Supple
Project Manager
March 2020 - Present
LinkedIn
Former Propylon Sr.

Business Analyst 2013 –
2020.
8 years of experience in
government tech.

Tom Spengler
CEO, Rock Solid Technologies
Nov 2019 - Present
LinkedIn
Member, Board of Directors at
Propylon, Ascendify, and
PrimeGov.

Granicus co-Founder and CEO
1999 – 2014.
20+ years of experience working
with government professionals.

Sydney Erickson
Technical Support Lead
July 2020 - Present
LinkedIn
Former Granicus Customer
Care Engineer and
Customer Support Lead
2017-2019.

Larry Thorpe
Technical Lead
Aug 2018 - Present
LinkedIn
Former Technical Support
Manager for Hyland Software
(Sire)
2011-2018.
10 years of experience in local
government tech.

Joshua Hurni
Director of Sales
Jun 2018- Present
LinkedIn
Former Granicus Account
Manager 2014-2018.
7 years of experience in
local government tech.

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Representative Projects

Client: Oklahoma City, Oklahoma
Products: Agenda Automation, Video, Committee Management, Meeting Management, and Electronic Voting (including public display and tablet voting). These solutions also include our calendar management functionality.

The City of Oklahoma selected PrimeGov in 2019 for its legislative management system needs because of our innovative and intuitive technology and our reputation for excellent customer service. Their challenges included complex meeting processes and procedures and the management of multiple committees and meeting types. When the coronavirus pandemic hit in the middle of their deployment, PrimeGov quickly implemented its Virtual Public Meeting solution for Oklahoma City, seamlessly integrating the new product into their complete solution and allowing them to pivot to remote technology to keep their staff safe and their constituents informed during the crisis.

Client: City of Los Angeles, California
Products: Agenda Automation, Video, Meeting Management, and Electronic Voting.

The City of Los Angeles used four disparate products to put together their legislative management system. LA also faced the additional challenges of managing many meetings (the City Council meets three times per week) and of limited platform flexibility. The PrimeGov engineering team worked closely with LA to transition their entire legislative process into a single, secure cloud-based solution. A snapshot of highlighted features LA uses to digitize their legislative process (not limited to):

• Flexible & Customizable Agenda Templates: The city officials can customize any agenda templates for on-going meeting management needs. • Bulk Signature: The mayor's ability to sign all approved documents with a click of a button.
• Advanced Search: Custom search parameters for residents to discover how each council member voted on specific items.
• Email Subscription: Enable LA residents to effortlessly subscribe to various lists based on topics and keywords.
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) • Video Solution: A high-definition cloud-based video solution to meet speed and agility requirements.

Client: Ventura County, California
Products: Agenda Automation, Video,
Committee Management, Meeting
Management, and Electronic Voting
(including public display and tablet voting).

Ventura County had been using one of our competitor’s legislative management systems, which discontinued any new development. The IT Manager felt that the agenda management software had its limitations; it wasn’t great from a usability standpoint, and it wasn’t intuitive. Ventura County’s virtual live meetings were unstable due to their video streaming platform. There were frequent glitches, causing issues in at least every other Board meeting. They selected PrimeGov because of our reputation as a company that focused on and was responsive to its users and their constituents and that created a streamlined and innovative solution. PrimeGov set itself apart not only with its focus on the clerk’s office, but also with its personal, proactive customer service and support. We have been pleased to partner with Ventura County on an agenda management and video streaming system that is intuitive, innovative, and affordable and as a team that understands the high pressure of live meetings and is dedicated to being extremely responsive to the County’s needs.

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References
• Town of Yountville, CA
o Description: The Town of Yountville uses many of PrimeGov’s solutions for its legislative management needs, including: Agenda Automation, Meeting Management (including Voting), Committee Management, and Video Streaming.
o Address: 6550 Yount Street, Yountville, CA 94599
o Contact: Michelle Dahme, Town Clerk
o Phone: (707) 944-8851 x12
o Email: [email protected]
o Go-Live Date: 10/30/2020

• San Mateo, CA
o Description: San Mateo uses many of PrimeGov’s solutions for its legislative management needs including: Agenda Automation, Video Streaming with Closed Captioning, Committee Manager, Member Voting, and Meeting Management
o Address: 330 West 20th Avenue, San Mateo, CA 94403
o Contact: Patrice Olds, City Clerk
o Email: [email protected]
o Phone: (650) 522‐7042
o Go-Live Date: 3/12/2018

• San Bruno
o Description: San Bruno uses many of PrimeGov’s solutions for its legislative management needs including: Agenda Automation, Video Streaming, Committee Management, and Meeting Management (including Voting)
o Address: 567 El Camino Real, San Bruno, California 94066 o Contact: Melissa Thurman, City Clerk
o Email: [email protected]
o Phone: (650) 616-7070
o Go-live: Date: 11/2021

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Functionality Matrix
Item
# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
A. Agendas, Staff Reports and Packets
A-1
System must be able to
store multiple agenda
design layout templates
(header, agenda sections,
etc.) for different meeting
body types: City Council,
boards, commissions and
committees.

M Y Standard functionality
A-2
Ability to customize agenda
template format without
requiring programming
assistance from vendor.

M Y
This is a key difference for
PrimeGov. Also our design
is very strong so you are not
forced to change your
template to match our
solution.

A-3
System must be able to
assemble a draft agenda to
include all items scheduled
for that agenda, whether
approved or in draft.

M Y Standard functionality
A-4
System must be able to
assemble a draft or final
agenda with minimal steps.

M Y
Only two clicks are needed
to compile and distribute a
draft agenda.

A-5
Ability to automatically
update the staff report title
on the agenda when the title
is changed on the staff
report.

M Y Standard functionality
A-6
Ability to use document
templates to ensure
consistent format and
structure of staff reports.

M Y Standard functionality
A-7
Ability to add attachments of
any size and various
common file types (.doc,
.pdf, .png, .jpg, .ppt, .xls,
etc.) to staff reports, with
M Y
We work with all those
formats and it is very easy to
update or delete them. There
are no size limits to our
attachments.
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# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
ease to switch out or delete
attachments as needed.

A-8
Staff reports and
attachments are exported to
searchable .pdf files.

M Y Standard functionality
A-9
Ability to add and reorder
attachments at any step of
the process, regardless of
the step on the workflow.

M Y Standard functionality
A-
10 Allow edits to attachments
to automatically save back
into the system.

D P
If the City is using Office 365,
edits to the staff report will
automatically flow back into
the system. Currently,
supporting documents would
need to be reattached
although this is planned for
future updates.

A-
11 Allow content to be
cut/paste from Microsoft
Word, Microsoft Excel, or a
browser page (html, xml,
text, pdf, gif, jpeg, etc.) into
staff report while
maintaining formatting.

D Y
Our strong integration with
Office 365 or 2016 makes it
easy to paste images and
tables into the staff report
while maintaining the
formatting. This is a key
difference for us.

A-
12 Ability to insert tables,
graphs and images into the
staff report without
formatting issues.

M Y
Our strong integration with
Office 365 or 2016 makes it
easy to paste images and
tables into the staff report
while maintaining the
formatting. This is a key
difference for us.

A-
13 Ability to seamlessly merge
all approved items into a
final agenda packet.

M Y Standard functionality
A-
14 Option to display hyperlinks
on the final agenda to take a
user directly to the staff
report and attachments.

M Y Standard functionality
A-
15 Ability to move an item from
one agenda to another while
maintaining the history of
the item. For example,
pushing an item to a future
meeting.

M Y
Our copy item feature allows
you to do this in bulk or you
could do it one at a time.
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# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
A-
16 Provide internal
collaboration options such
as editing and commenting
on staff reports as they are
routed through the workflow.

M Y
Standard functionality.

There are many options for
collaboration etc. in the
system
A-
17 Ability to perform spell
check. M Y Standard functionality
A-
18 Ability of system to enforce
cutoff deadlines for
submittals of reports.

M Y
We have a number of ways
to accomplish this including
one cut off for creating an
item and one for adding
attachments
A-
19 Ability of system to enforce
deadlines on adding or
editing agenda items/titles.

M Y Standard functionality
A-
20 Allow for copying of staff
reports for editing and
scheduling to a future
agenda.

D Y Standard functionality
A-
21 Ability for City Clerk to move
approved items to different
sections of the agenda.

M Y PrimeGov features Drag and
Drop that auto renumbers
A-
22 Ability to create and use
hyperlinks from within staff
reports and attachments to
outside sources.

M Y Standard functionality
A-
23 Ability to release/publish the
packet in tiers (i.e. allow
staff to view full packet prior
to publishing to public).

M Y
PrimeGov has a publish
internal button that would
send the agenda and/or
packet to a list of users who
could then log in and see the
agenda/packet prior to
publication.

A-
24 Provide a secure system
whereby once the final
agenda and its links are
published no changes can
be made unless by the
Administrator.

M Y
This would be controlled
through the workflow so that
once an item leaves a user’s
queue they could not edit
unless they have permission
to do so
A-
25 Provide an application for
staff and elected officials to
annotate their copy of
published agenda items and
their supporting
M P
Using the web application for
Meeting Management will
allow for annotations.

However, we do not currently
provide the ability to print the
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# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
documentation on tablets
and other electronic
devices. Must be able to
save at the user level and
print the packet with
annotations.
packet with annotations.

They could download the
packet from the public portal
and make annotations and
print them that way.

A-
26 Ability to set reminders for
key events in the process,
e.g. public notice
requirements.

O P
Workflow could include notes
to remind people to publish
the public notice or other
action. However, we do not
have the ability to email
specific reminders other than
notifications of approval
deadlines or if an item has
been in someone’s queue for
a certain amount of time.

A-
27 System permissions can be
set on a group or individual
level.

M Y
We have unlimited roles and
very granular permissions.

This is a powerful feature of
the solution.

A-
28 Ability to effectively manage
digital signatures on staff
reports.

D Y
PrimeGov can do individual
or bulk signatures on staff
reports.

A-
29 Automatically sequentially
number items on the
agenda.

M Y Standard functionality
A-
30 Ability to rearrange items on
an agenda with numbering
sequence automatically
adjusting.

M Y Standard functionality
A-
31 Ability to use dual page
numbering for the entire
agenda packet and for
attachments to individual
staff reports
M Y
If we're understanding this
correctly, we can include the
items page count, document
page count, and the entire
compiled document page
count.

A-
32 Ability for system to create
logical numbering system
for pages on a final agenda
packet
M Y Standard functionality
A-
33 Ability to automatically label
staff report by agenda item
as well as individually
M Y Standard functionality
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# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
labeling exhibits/
attachments to staff reports
B. Searching the System
B-1
Provide for full text
searching of agenda items,
titles, agenda content and
supporting materials.

M Y
The PrimeGov Public Portal
has advanced search options
and all documents added to
the system are OCR'd for full
text/highlighted search.

Internally users can search
full text items as well.

B-2 Ability to format and print
any search result. M P
Search results can be
printed but currently have
limited formatting ability
B-3
Allow searches by meeting
date and/or within date
ranges; meeting type;
department; item number;
agenda item type ( consent,
public hearing, etc.) and text
search
M Y
PrimeGov's search will do a
full text and metadata
search. Search filters include
dates, date ranges, titles,
keywords, Committee types,
item types, tracking numbers,
sponsors, and more.

C. Auditing and Reporting
C-1 Provides auditing capability. M Y
PrimeGov has extensive
application monitoring via
Microsoft App Insights that is
regularly reviewed by our
team. The audit logs capture
username, user ID,
timestamp, success/failure of
transaction, and transaction
description as part of the
security log attributes.

C-2
Provides the ability to
access a document-level
audit trail.

M Y Standard functionality
C-3
Provides the ability to
perform an ad hoc audit on
system-related activities.

M Y Standard functionality
C-4
Provides automatic
versioning of items and
ability to see differences
between versions. All prior
versions are kept.

D Y Standard functionality
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# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
C-5
Ability to create a report of
upcoming agenda items by
meeting, whether draft or
approved.

M Y
We have a number of ways
to accomplish this including
an upcoming item report
D. Workflow Capabilities
D-1
An administrative user can
configure and revise a
workflow.

M Y Standard functionality
D-2
Provide multi-level (multiple
criteria, multiple approvers)
workflow with each
department able to have
their own customized
workflow.

M Y
This depends on the number
of workflows, and if you
wanted PrimeGov to create
them for you, this may
require an additional cost.

D-3
Create, edit, copy and
delete workflows, to specify
and modify approval
processes and approver
roles.

M Y Standard functionality
D-4
Log all user activity, events,
and the life cycle of agenda
item.

M Y Standard functionality
D-5
Allow department and
system administrators to
delegate workflow tasks
from one staff member to
another staff member during
the review process.

M Y Standard functionality
D-6
Allow an approver to specify
someone to act on their
behalf while they are out of
the office. Allow out of office
option to also be turned on
by an administrator.

M Y
Standard functionality.

Administrator can override
this so you never have to
worry about an item getting
“stuck” in system.

D-7
Allow an approver to send
an item back to any person
that has previously reviewed
it without restarting the item
to the beginning of the
process.

M Y Standard functionality
D-8
Notify the originator by email
of changes made by other
staff.

D Y
PrimeGov can send an email
to users (including the
originator) to be alert when
changes are made to fields
21 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Item
# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
on an item during workflow
tasks.

D-9
Allow any user to subscribe
to email notification for
events (for example, when
an agenda item has moved
in the workflow). If so,
please describe the events
that can be subscribed to.

D Y
A user can subscribe to any
event of the workflow
process. This can be
configured ahead of time or
modified on the fly.

D-
10 Ability to track what changes
are made as a document
moves through the process
(track changes).

M Y Track changes from Word
are shown within the solution
D-
11 Ability to set system to
automatically turn on track
changes
D Y
All tracked changes will show
in the system and if
someone’s Office 365 is set
to default to track changes
these would show
automatically.

D-
12 Escalate or continue the
workflow based on a timeout
or other criteria.

D Y
Multiple criteria can be
specified for workflow
automation including the
ability to automatically
escalate an item if it hasn’t
been approved within a
designated time frame
D-
13 Configure and maintain
unlimited user groups for
routing through workflows.

M Y
We have unlimited
roles/groups this is a very
powerful feature.

D-
14 Mobile solution that allows
review and approval of staff
reports from tablet devices
(Windows, Android or iOS)
D Y
PrimeGov solutions are
100% browser based using
HTML5 and so work on any
modern browser or web
enabled device.

D-
15 Allow Administrator to
override a deadline or
workflow.

M Y Standard functionality
D-
16 Allow staff originator to see
the comments, revisions,
and revision history from
origination to finalized
agenda item.

D Y This can be accomplished
through workflow.

D-
17 Allow the withdrawal of an
item from the workflow. M Y
22 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Item
# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
D-
18 Notify staff when the final
agenda has been published
and provide them with a link
to the final packet that is
online.

D Y
PrimeGov’s notification email
will also include the agenda,
minutes, etc. and will include
a link.

D-
19 Allow a user to sign-in or
opt-out of notifications for a
single agenda item, or
multiple items in the
workflow.

D P
PrimeGov users can
subscribe to any event of the
workflow process. This can
be configured ahead of time.

Once subscribed, there is
currently no feature to opt-
out of the process. We are
continuing to improve our
alerts/notification
functionality.

D-
20 Allow for both a parallel and
sequential review. D Y
PrimeGov supports parallel
and sequential processing of
agenda items.

D-
21 Ability to set reviewer
deadlines in workflow. D Y Standard functionality
D-
22 Ability to create notifications
for users that they have
pending documents to
review.

M Y We have a number of
notification options
D-
23 Ability of system to lock files
as they are edited to avoid
revision contention issues.

M P
We are able to accomplish
this in a few different ways.

The upcoming collaboration
release will allow real-time
collaboration from all users.

You can also leverage our
workflow to only include a
single user, which essentially
locks the document.

D-
24 Ability of system to embed
hyperlinks in notification e-
mails that lead reviewers
directly to item in the queue.

M Y Standard functionality
D-
25 Provide real-time,
dashboard visibility for
status on a staff report.

M Y
Our staff report dashboard is
configurable by the individual
users and very powerful.

This is a key differentiator for
us.

D-
26 Ability to set automatic email
reminders to D Y Standard functionality.

Emails can also automatically
23 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Item
# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
staff/departments when
reports have passed
deadlines.
escalate when deadlines
have passed.

E. Minutes Capabilities
E-1
Ability to create, configure,
and modify meeting minute
templates.

M Y
PrimeGov’s HTML minutes
template is very configurable.

The Word template has some
limitations.

E-2
Ability to add a new agenda
item as part of the minutes
process.

M Y Standard functionality
E-3
The solution should provide
the ability to re-arrange
items in the minutes
application without
modifying the final,
published agenda.

M Y Standard functionality
E-4
Ability to import Agenda into
the minutes application to
use for minutes template.

M Y Standard functionality
E-5 Ability to take roll call. M Y Standard functionality.

E-6
Ability to collect actions,
motions and votes during
the meeting and assist in
creating the minutes for the
meeting.

M Y
During a meeting, all roll
calls, motions, votes,
minutes, notes, actions, and
video streaming can be
performed with ease. The
PrimeGov real-time meeting
management tools provide a
single interface that allows all
aspects of the meeting to be
managed, often by a single
user. They also provide
options for citizen
engagement: information
about the current item,
speakers, motion information,
and votes can be displayed
in the meeting or online.

E-7 Ability to perform spell
check. M Y Standard functionality
E-8
Ability to work on minutes
during meeting and after
meeting has ended.

M Y
Standard functionality.

Many clerks like that you do
not need to wait for the video
to upload or pull data from
24 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Item
# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
one part of the system, and
you can work on minutes
both during or immediately
after the meeting.

F. Public Portal
F-1
Provide an easy to use
online portal on the City's
website.

M Y
The PrimeGov solution
includes a Public Portal that
can be inserted as an iFrame
or a full page from a link
directly within the Client
website. Within the Public
Portal, users have feature
functionality that includes
organized public meetings
with agenda, minutes,
packets and video content as
well as an advanced search
capability for all meeting
content, including OCR'd
PDFs.

F-2
Ability to integrate with the
City's website, currently
hosted by Granicus.

M Y
The PrimeGov Public Portal
easily integrates with our
clients' websites through
direct link or iframe. We can
match City branding.

F-3
Provide unique static URLs
for each of the pages and
each piece of content
(PDFs) to allow easy linking
to items.

M Y Standard functionality
F-4 Apply City's branding to the
proposed solution. M Y Standard functionality
F-5
System supports variety of
web browsers, including
Microsoft Edge, Chrome,
Firefox, Safari, and Edge
and provides responsive
design for mobile browsers.

Include strategy for
maintaining compatibility as
newer versions of supported
browsers are released.

M Y
PrimeGov supports many
browsers, but our
recommended browser is
Chrome for best
performance.

Current versions of
• Chrome
• Microsoft Edge
• Mozilla Firefox
We no longer support IE
because Microsoft does not
support it.
25 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Item
# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
F-6
Display on multiple devices
(accessible and readable on
multiple devices).

M Y
PrimeGov's cloud-based
software is device-agnostic
and works on all modern
browsers due to its being
built on HTML5
F-7
Easily share content (i.e.

Twitter, Facebook, LinkedIn,
email) with unique static
URLs.

D Y Standard functionality
F-8
Integrate and leverage email
to facilitate notifications to
agenda subscribers.

O F
PrimeGov can send email
notifications to people who
provide the City with their
email address. We are
improving our subscription
functionality in 2022.

F-9
Ability to upload
supplemental materials
associated with a published
agenda (public comments,
PPT presentations, etc.)
M Y
PrimeGov has a
supplemental item feature in
its system and you could
always add additional
materials directly to the
agenda without going
through an approval process
with the right permissions.

F-10
Ability for audio/video file,
agenda, minutes, packet
and supplemental materials
for a specific meeting to be
associated together creating
a "one stop" location for all
items related to a meeting.

M Y
The PrimeGov solution
includes a Public Portal that
can be inserted as an iFrame
or a full page from a link
directly within the Client
website. Within the Public
Portal, users have feature
functionality that includes
organized public meetings
with agenda, minutes,
packets and video content as
well as an advanced search
capability for all meeting
content, including OCR'd
PDFs.

F-11
Agenda/documents/video
archive website provides full
text search and ability to
group by meeting type and
agency body, and is
expandable.

M Y Standard functionality
26 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Item
# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- Response Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
G. Integrations
G-1
Integration with Microsoft
Word 2003 - 2019 and all
future releases. Please
describe how the system is
integrated with Word
including any differences
between versions.

D Y
We integrate with Office 365
and Office 2016. Earlier
versions of Word may not
integrate or format properly.

G-2
System works seamlessly
across different versions of
Word. In other words, all
users are not required to be
on the same version.

M Y We work seamlessly across
Office 365 and Office 2016
G-3
Ability to integrate with
functionality to Hyland's
OnBase, an Electronic
Document Management
system, for seamless
deposit of final agenda into
the archive.

M Y
We’ve confirmed with
OnBase that we can use
their batch sweep
functionality to deposit final
agenda in archive. We will
continue to develop this
integration as we identify
client requirements.

G-4
System has an integrated
recording and video
streaming solution. Please
describe including any
hardware required.

M Y
Requires a HELO encoder.

Please see our Encoder
Tech Spec Guide in our
response.

G-5 Single Sign-On through
Active Directory Services. M Y We currently provide SSO via Office 365
G-6
Able to integrate with e-mail
systems (i.e. Microsoft
Exchange, Microsoft 365).

M Y Standard functionality
H. Video
H-1
Provide hosted audio/video
services and live streaming
meeting video.

M Y We provide full 1080 HD
video for one price.

H-2
Ability to index the video by
agenda items, both during
the meeting and afterwards.

M Y
The Video/Audio recording is
integrated into the live
meeting module and allows
the video can be easily
started, items to be
timestamped, and video to
be embedded into the public
portal and legislative history.

All of this is performed within
27 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Item
# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- R esponse Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
the same interface used for
running the meeting.

H-3
Ability to archive the
indexed agenda videos for
web playback.

M Y Standard functionality
H-4
Video is compatible for
viewing with a wide variety
of desktop and mobile
devices including smart
phones, laptops and tablets.

M Y
We use the YouTube video
player which has multiple
bitrates and is very
responsive.

H-5
Video streaming should
automatically compensate
the stream quality according
to the bandwidth of the
receiving device to ensure a
stable viewing experience.

D Y Multi bitrate is a standard
feature.

I. Other Capabilities
I-1
Availability to escalate
technical support for critical
issues; Please outline in
detail in your Service Level
Agreement.

M Y
We have a strong reputation
for our customer support. We
provide 24/7 support for
critical issues such as
posting an agenda or during
a live meeting. See service
level agreement provided in
the response.

I-2
Provides comprehensive
online help system/user
manual.

M Y
PrimeGov users have access
to an online knowledgebase
full of helpful training videos,
manuals, and articles. The
major documentation
categories (e.g., PDFs and
webpages) in the
knowledgebase are:
-Resolution Articles (for both
Admin and general users;
broken out by product type)
-Product Guides and
Administration (for both
Admin and general users;
broken out by product type)
-How-To Articles (for general
product troubleshooting and
training)
28 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Item
# Description
Mandatory,
Desired,
Optional
Response Vendor Comment/Solution
- R esponse Codes “F” and
“P” require a written
response describing how
and when the specification
will be met.

Yes, No,
Future,
Partial
-Product Updates (for
continued communication
and training on product
improvements)
-Release Notes (for
communication regarding
product fixes and
improvements)
-System Requirements (for
Admin and general users)
More details and examples
can be provided upon award
of contract.

I-3
Provides electronic voting
software for elected officials.

Please describe.

O Y
Our voting solution is
browser based allowing
council to vote on their
device of choice (ex. tablet,
laptop, etc.) from anywhere
(home, council chambers, on
vacation). This has proven to
be a critical component
during the pandemic. We did
not include pricing for this as
it was not listed in the current
solution or objectives. If you
would like to add it the cost is
$3,468 for year 1.
29 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Implementation Approach
At PrimeGov, we take pride in fully understanding your project before it begins. Before project initiation, we will provide the City of San Carlos with a project plan and, if requested, a Scope of Work (“SOW”) document to support a clear understanding of the project. Although PrimeGov makes every attempt to provide accurate estimates, it is possible that additional Client requirements or details can emerge. If new requirements are discovered or additional products and/or services are required, it may change the estimated cost and timeline provided.

PrimeGov Implementation: Methods and Stages
PrimeGov uses a consultative approach to implementation, and our implementation methodology framework includes planning and discovery, implementation, and project closure.

The discovery period includes comprehensive review and analyses of the Client’s business processes for agenda and management. Additional discovery sessions will be held with subject matter experts to map and document workflows, forms, and documents to drive a successful Configuration period and lead into Training, Go Live, and Transition to the Support team for on- going, long-term support.

Th
e project will consist of three distinct stages:

Planning & Discovery
• Kick Off
• Process Review
Implementation
• Configuration & Test
• Training
Project Closure
• Go Live
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) • Transition to Support
Projected Timeline
The estimated project timeline is 24 weeks. The projected timeline can be impacted by changes to the project scope and based on commitments to the general project requirements.

Th
e PrimeGov Project Manager will work with the Client team during the Planning and Discovery Phase to identify implementation priorities and may shift the timeline and the timeline duration based on those priorities.

Project Team
PrimeGov’s Project Team includes a dedicated Project Manager, Implementation Consultant, and Technical Lead. Throughout the project, our team’s goal is to ensure a successful, on- time Go Live of the  PrimeGov system and long-term successful  use. Our team  brings industry best practices and product expertise to all sessions to ensure we are meeting your needs and working to simplify and improve processes, workflows, committee management,  and meeting management. The PrimeGov Project Manager will be responsible for leading the project to drive dates, deliverables, and completion of the project. The PrimeGov team will partner with the assigned Client Project Manager during the entire project cycle to ensure transparency, accountability, and successful completion of the project.

Clien
t Team
It is important for the Client to create a solid project team for a successful PrimeGov implementation and wide adoption of the solution. Below are the recommended project team roles:

1. Pr
oject Manager: The Project Manager should be someone who manages the Client team’s performance of project tasks and secures acceptance and approval of deliverables from the Client stakeholders. The Project Manager is responsible for communication, including status reporting, risk management, escalation of issues, and, in general, making sure the project is delivered on schedule and within scope. The Project Manager will have 31 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) signa
ture authority for the acceptance of deliverables by Client. The Project Manager’s responsibilities will also include, but not be limited to:
a. Collaboration with PrimeGov resources on the project schedule deliverables; b. Coordination with key stakeholders, representatives, and decision makers; c. Facilitation of timely decision-making and resolution of issues; and d. Coordination of Client resources for decision-making, project management, testing, training, etc.

2. System Administrator: The System Administrator should be a person who is closely involved with the legislative process: from the approval process of legislation to the creation of minutes. This person should consider him or herself computer-savvy. The System Administrator is responsible for maintaining the administration tab, managing the configuration of the system, user management, etc. in PrimeGov. The System Administrator’s responsibilities will also include, but not be limited to:
a. Collaboration with PrimeGov resources on the project schedule deliverables; b. Serving as internal resource to PrimeGov users; and
c. Coordination with key stakeholders, representatives, and decision makers.

3. IT Lead: The IT Lead works closely with the Project Manager to ensure that PrimeGov is deployed properly and helps solve IT issues that might arise.

4. Subject Mat ter Experts: It is important that Subject Matter Experts—such as the Clerk, department management and staff, and the City Manager—are an integral part of the Project Team to consult on the legislative process of the Council, from the approval process of legislation to the creation of minutes. These people may also be responsible for indexing the recording during the meeting if video/audio recording is involved.

5. Backup System Administrator: This Backup System Administrator will serve as support to the System Administrator and preferably has a solid understanding of the legislative process of the Client jurisdiction—from the approval process of legislation to the creation of minutes—as well as a good level of technological skills.

User Testing
PrimeGov’s implementation includes walk-throughs and approvals of the system by the Client for each milestone ("User Acceptance Testing"). Thorough testing is required throughout the project plan prior to designated walk-throughs and approvals (“Sign-Off”). Prior to training and overall project completion, end-to-end walkthroughs of the system and approval is required during the Implementation Stage.

T
esting starts with PrimeGov’s comprehensive testing of each area throughout the configuration.

Once testing passes PrimeGov’s standards, the Client and PrimeGov will walk-though the area.

After the walk-through, the Client's user groups will spend time—as a group and as individuals—continuing to test all areas of the project prior to moving to the next project milestone. Issues reported are tracked and organized on a templated test case system to ensure transparency and real-time access to updates and improvements. Issues reported will be fixed and feature requests will be documented prior to sign-off. 32 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Pr
ior
to Training, extensive end-to-end testing will be completed by the PrimeGov team. We will assign the Client project team members with user acceptance testing for final sign-off and further familiarity with the PrimeGov solution. Training materials are available at this stage to enhance the user testing experience prior to final walk-through and sign-off.

Training Plan
PrimeGov’s implementation includes comprehensive training courses and written documentation that will allow the City’s users to learn at their own pace. Our software is not only easy to install, but easy to use as well. As a result, training requirements are much less intrusive and time-consuming when compared to other systems.

P
lease note: d ue to the health and safety concerns of performing onsite training during the coronavirus pandemic, all PrimeGov training will be performed remotely until PrimeGov leadership deems it safe for our team to travel and meet clients onsite.

Al
l remote trainings are recorded and provided to the client at no additional fee. This allows users to review the material at their own pace and on their own time.

To
ensur
e the proper training of PrimeGov users and administrators, we recommend adherence to the following guidelines:
• We recommend that at least two individuals be trained as Administrators. These Administrators should be prepared to attend all training sessions to gain a deep understanding of all users will be interacting with the PrimeGov system. • We recommend not more than two people per workstation during training classes  to ensure adequate levels of hands-on experience for each participant.

Sy
stem Administration Training
We recommend that at least two individuals be trained on system administration. One would be the primary System Administrator and the other would be the secondary or Backup System Administrator.

T
raining really starts during the installation process. PrimeGov project team members frequently discuss and include system  administrators, so they become familiar with all aspects of the system. Then, several days of formal training take place.

Th
e training will train participants on troubleshooting the software and provide answers for specific needs or questions.

U
ser Training
33 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) User t
raining takes place after installation is complete. This is important because trainings utilize the newly installed system. Users can immediately begin using the software upon completion of the end-user training.

I
nstructional Methods
Training is entirely hands-on and designed to appeal to different user types, learners, and skill levels. Our basic training model consists of these four parts:
• Explain: The instructor offers students an explanation of the concept and its possible applications.
• Demonstrate: The instructor shows students exactly how to perform the operation or how the concept works.
• Practice: The students practice the concept using the software. • Evaluate: The instructor and students review the concept and practice performance.

This gives students a chance to ask questions and give input O
ngoing Training Opportunities
There are multiple training options available after the initial implementation of your solution has completed. They include onsite training (when permitted), online “webinar” training, training videos, and written documentation.  Clients also have access to our searchable online knowledgebase, which is constantly updated and expanded and includes how-to videos, helpful articles, release notes, and much more.

R
eco
mmended Offering for San Carlos
As part of system set-up, PrimeGov offers live training sessions through Zoom. The PrimeGov training package includes up to 15 hours of live training. Our recommended training schedule is a total of 12.5 hours over a four-day period and is organized to train three user groups: System Admins, Clerks/Staff and Council Members.

We
also include an additional 2.5 hours that can be used for any additional training needs as determined by the project team. Training hours are valid during the training stage of implementation and expire two weeks after your first live meeting with PrimeGov.

Th
e table in this document summarizes the recommended training schedule including audiences, length, and descriptions for each session. This training package is included in the PrimeGov system set-up fee. In addition to live training, the Client will also have 24/7 access to  PDF and video resources in our support knowledgebase.

L
ive Training Notes
• Trainings are delivered virtually through Zoom and range between 60-120 minutes per session.
• Trainings are recorded for future reference and links to recordings will be provided. 34 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) • We recommend users be logged into their PrimeGov accounts to follow along with trainings.
• We recommend System Admins attend all trainings.
• The training schedule outlined below is flexible and can be revised if that is determined to be desirable and/or necessary by the project managers for Client and PrimeGov.

T
raining Requirements by Audience
• System Admins: 12.5 hours of training sessions. We recommend Admins attend all sessions.
• Clerks/Staff: 8 hours of training sessions.
• Council/Committee Members: One 60-minute training session. Members need their tablet or laptop devices typically used for voting and viewing in documents with them at these trainings.

Training Breakdown
Training
Day Audience(s) Training Session Length Description
1 System
Admins
System
Management:

Session 1
90 mins
This is the first of two sessions for system
administrators only. This training will dive into the
Admin area in the PrimeGov system and cover
"maintenance" or "system upkeep" responsibilities
like updating positions/ user access/ meeting roles/
etc.

System
Management:

Session 2
90 mins
This is the second of two sessions for system
administrators only. This training will continue from
the first admin session.
2 Clerks/ Staff,
System
Admins
Building an
Agenda:

Submitting Items
and Managing
Task Lists
90 mins
This session will cover all areas of building an
agenda before the meeting. We'll start with
submitting an agenda item through a form all the
way through managing tasks and moving items
through the workflow to ultimately make it onto the
agenda.

Finalizing an
Agenda and the
Live Meeting
90 mins
This session will cover all areas of finalizing and
compiling agendas to the public before a meeting.

We'll also dive into a live meeting covering your
steps right before the 'go-live' and during the
meeting actions. Come ready to participate and get
familiar with the live meeting system.

Post Meeting
Processes 60 mins
This session will cover post-meeting responsibilities.

Topics like post-meeting clean-up, time stamping
videos, and compiling Minutes and Packets to
publish publicly will all be covered during this
session.
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Training
Day Audience(s) Training Session Length Description
3 Clerks/ Staff,
System
Admins
Mock (short) Live
Meeting #1 120 mins
This will be the first of two practice walkthroughs of
a live meeting. This is interactive, mimicking the
behaviors and actions of a meeting like activating
items, roll call, minutes and motions, etc. Includes
Q/A session.
4 Council
Members
(Council
members
attend only
1 session),
System
Admins
Council/
Committee
Member Training
(Group #1)
60 mins
This session is for the first group of council and
committee members. We will show council members
and committee members how to use the PrimeGov
system for their meeting participation. We'll cover
viewing agenda details along with voting and using
Zoom, if you're virtual. Voting devices are required
for this session for each member. Each member
should attend only one of the council member and
committee member trainings. There should be no
majority of council members present.

Council/
Committee
Member Training
(Group #2)
60 mins
This session is for the second group of council and
committee members. We will cover the same details
as with the first group.

Clerks/ Staff,
System
Admins
Mock (short) Live
Meeting #2 120 mins This will be the second of two practice walkthroughs of a live meeting.

Misc. TBD TBD 150 mins
This is a 2.5-hour bucket of optional training
sessions to be used at the discretion of the project
team.
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Agenda Automation and Meeting Management Solution
Agenda Automation
With PrimeGov, you can manage the entire agenda process--from submitting an agenda item for a meeting to ensuring that the item has all the necessary supporting materials to be heard.

Agenda items can have pertinent item information tracked such as sponsor, background, speaker, recommendations, etc. All custom fields can be searched and tracked for reporting purposes.

Agenda items can be moved or copied to another meeting with a full legislative history available.

As items are moved, copied or arranged within the meetings, the numbering and formatting of the item is automatically adjusted. This makes last-minute changes and item prioritization simple to handle.

As part of Agenda Automation, PrimeGov includes customizable electronic forms and our Workflow module. Using this automation, the Client can add an agenda item and send it through an approval process. This automation provides an efficient and trackable way of making sure that an item is properly reviewed and ready to be presented at a meeting.

There is no limit to the number of
agenda templates that can be
created in the solution. Multiple
templates can even be created
for individual meeting types. For
example, there could be a regular
meeting and a closed session
meeting for the same body. The
Client has complete control of
the templates, and how they are
formatted.

Documents that are added to an item either directly or through workflow can be in any format and will have OCR performed on them so they can be searched easily. There is no limit to the number or type of documents that can be added to an item. They will also be converted to PDF.

There are no proprietary file formats used in the solution. 37 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Agenda Compilation and Publishing
Once an agenda and all its supporting materials have been added to the system the Client can compile them into a packet with the click of a button. That packet as well as the agenda can be published to the Client website with another click of a button. The format for the published agenda is configurable and includes all of the industry-standard programs such as HTML, PDF, and Microsoft Word. Both the agenda and the packet are automatically collated for printing or publishing.

PrimeGov also supports unlimited meeting bodies, allowing each Board and Commission the unique permission levels to create and publish their own agendas and minutes. Publish dates can be controlled by each Board and Commission to meet State requirements.

Automatic Signatures
Signatures can be added by designated users during the workflow process. This can be done in PrimeGov item by item or in bulk across multiple items. Signatures can also be added to templates by default.

Key Module: Workflow
The PrimeGov Workflow module allows for the automation of virtually any business process.

This means that not only can it be used to track and manage the submission of agenda items, but it can also be configured to automate the processes surrounding meeting such as forward planning, scheduling, notifications, agenda review, agenda distribution, citizen input, meeting actions, and staff follow up after the meeting.
• Automatic initiation of workflow when an action request is submitted electronically 38 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) • Auto
matic text replacement shortcuts such as financial formatting, committee/ councilor names, and title prefaces
• Easy document routing for review and approval
• Automatic notification via email or workflow queue
• Parallel work process
• User friendly administration
• Unlimited workflows can be created to automate any process • Reporting
• Real-time monitoring of flows to show where action requests are in the process • Deadlines can be set for tasks to be completed
PrimeGov workflows and security levels are highly flexible and can assign tasks, priorities, and security at both the individual and group levels. Creating, tracking, and prioritizing an item for inclusion on the common agenda is simple and efficient when utilizing the workflow’s parallel work process and real-time status updates. Highly editable, custom workflows would also allow for easy maintenance of the list of pending agenda items to ensure nothing gets left out of the next meeting.

The PrimeGov workflow system allows for easy, visual changes to business rules as needs grow and evolve. These changes can be made without impacting in-flight work. Peer Review adds an additional level of inter-departmental review prior to moving on to the next approver in order.

Key Module: Meeting Viewer and Annotations
The PrimeGov Meeting Viewer is provided with the solution. Meeting Viewer allows users to view different document types without having to have the native application on their device. It also allows users to annotate their copy of the agenda and supporting materials. Some of the annotations included are notes, highlighting, redaction, signatures, and more.

Wh
en a user annotates
their copy of the agenda,
they will have their
annotations on the
agenda when they log in
for the meeting. Because
the PrimeGov solution is
100% web-based and
has been designed with
mobile-first technology,
users can access the
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) system
from any device that has a web browser.

Meeting Management
During a meeting, all roll calls, motions, votes, minutes, notes, actions, and video streaming can be performed with ease. The PrimeGov real-time meeting management tools provide a single interface that allows all aspects of the meeting to be managed, often by a single user.

Alternatively, the system
allows members of the
board to record their own
votes using their web-
enabled device. The real-
time meeting tools also
provide options for
citizen engagement.

Information about the
current item, speakers,
motions, and votes can
be displayed in the
meeting or online via the
public portal in real time.

Citizens can also participate in conversations with other citizens and leave comments about the meeting as it progresses via the public portal. All the comments, conversations, and information about the meeting and specific agenda items can be archived and stored or made available to the public post meeting as part of the meeting page or legislative history if the Client chooses to do so. In addition, a Speaker Management system is built in that allows for speakers to sign up for a topic they want to address the board about. Once they begin speaking a user can start the timer, so they know when their time is up.

Key Feature: Speaker Management
A speaker management interface is included
as part of Meeting Management and includes
a timer that can be displayed in chambers.

Speaker Management can be configured in a
couple different ways. Members of the public
that would like to speak on a particular item
can either sign up online, and be automatically
added in the system, or can be manually
added by the clerk or other user that is managing the meeting in the system. How they are placed 40 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) in th
e system is completely up to the Client. Once it is time for the speaker to start talking the clerk or other user can start the timer. Additional time can be added if needed.

Video Streaming
The Video/Audio recording is integrated into the live meeting module and allows the video to be easily started, items to be timestamped, and video to be embedded into the public portal and legislative history. The timestamps can also be cross-linked with the relevant agenda item and its corresponding documents. All of this is from within the same interface used for running the meeting.

The live stream and on-demand recordings are managed through YouTube’s powerful distribution platform. One of the advantages to using YouTube is that they provide a free audio- translation component that can be used for closed captions. The Client will need an encoder to stream, but all existing cameras, microphones, etc. will work. Through PrimeGov’s encoder technology, clients have the ability to pass the video signal to other platforms such as PEG channels and social media platforms.

Committee Management
PrimeGov has integrated the management of boards and commissions as a core part of our solution. It is not a separate module or an afterthought, it’s built right in. Viewing, editing, and adding committees, boards, members, or positions, has never been easier. In one succinct view, a user can take care of all committee tasks efficiently and effectively. They can quickly create initial and subsequent terms, and even split terms if a seat becomes vacant mid-term.

Customers can c reate meetings customized to a committee's schedule, including the ability to specify the exact cadence, time, and location of meetings. Once the meeting is scheduled, the PrimeGov Committee Management will keep committee members regularly informed about their upcoming meetings.

Committee members
have access to their
schedule and meeting
materials on their mobile
device so that they are
always informed
wherever they go.

Integrating Committee
Management as a core
piece of the software
allows an unlimited
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) number
of meeting types to be created for each committee. Each meeting type can have a variety of templates (agenda, minutes, action summary, confidential, etc.) that allows for maximum flexibility without duplicating data entry or administrative efforts.

Public Portal
The Public Portal can be integrated directly within the Client’s website, providing a seamless look and feel. Constituents can search for and view meeting agendas, minutes, supporting materials, and video/audio. The portal
also provides the ability for constituents
to search the legislative history of an
agenda item with a unique ID showing
virtually all the information the system
knows about a particular item. This
includes the meeting history, voting
records, speakers, and video specific to
the item. A ll documents added to the
system about the item are OCR'd for full
text or highlighted search for additional
information.

An internal portal can also be used if the Client would like to publish specific information internally prior to it being made available to the public.

Additional Modules Available:

Community Engagement
Improving community engagement options is core to the PrimeGov mission. We believe technology can improve communications between elected officials and their local community.

The Community Engagement module includes the following:

Key Feature: Community Comment
This software creates a public portal for citizens to comment on individual agenda items.

The comments are text-based and a character limit can be established to replicate the time limit used for public speakers when meetings are in person. All comments will be aggregated into a simple report and provided to elected officials. Comments are not publicly viable until they are published by the agency during or after the meeting. 42 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) K
ey Feature: Community Request-to-Speak
The Request to Speak functionality allows community members to sign up to request to speak for any agenda item. The software will manage the sign-up and provide an ordered list of public speakers that can be called on during the meeting.

Key Feature: Kiosk View
The Kiosk View functionality is a tablet- based kiosk view, which allows community members to sign up to speak quickly and easily in meetings.

Member Voting
The Meeting Management interface
known as Meeting Viewer also
provides a means for the members to
record their vote during a meeting and
offers the ability to communicate the
voting process of agenda items to the
public. This solution allows voting
members and support personnel the
opportunity to electronically view items
and supporting documentation on the agenda and to electronically cast votes on motions. The Voting solution provides an automated and effective approach to recording the events of the meeting to make it easy for the supporting personnel to follow along and manage the meeting as it is in session.
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Live Closed Captioning
Clients may choose to take advantage
of PrimeGov’s cloud-based Live Closed
Captioning offering to enhance their
meeting videos. Automated closed
captioning is available without the
purchase of any additional equipment
and increases accessibility and
transparency for constituents.

PrimeGov has developed custom data migration tools to transfer the Client’s data from Granicus into the PrimeGov system to ensure the Client keeps all its meeting information and videos.

PrimeGov will work with the Client to establish the scope of migration which varies based on volume of data and current systems. The migration tool can access the data (read-only) to pull it from the current system and bring it into the PrimeGov system. We conduct each migration with three stages followed by a validation period. These stages of migration are meeting records, video uploads and metadata/attachments.

Global Features and Services
Standard Reports
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) The Pr
imeGov reporting engine allows users to configure reports on any data stored in the system. Users can create “views” using system tools then use those views to create their own report. Standard reports are also provided and include:
• Committee Member Reports
• C
ommittee Vacancy Reports
• Vote Records
• Attendance Records
• Audit report (login, adds, deletes, etc.)
• Usage Reports (Items Submitted, Items Approved, Review Time) All reports can be exported to (PDF, CSV, and Excel). Users can filter and re-run standard reports or save them.

Custom Reporting
The Committee Management module’s robust programming makes generating detailed reports quick and easy. The custom reports can be tailored to include specific information such as composition and demographics of the city’s various boards and commissions, including information pertaining to their gender, race, veteran status, disability status, address, and city district of residence while still differentiating between applicants and confirmed appointed persons.

Future developments scheduled for mid-2022 include dedicated Demographic Infographics, making demographic information easily accessible through the dashboard environment.

Mobile Accessibility
As a completely web-based solution, anyone with permissions can view and access the agendas, minutes, and supporting documents from any device that has a web browser. The solution has been designed with mobile-first technology so that the product displays and scales appropriately depending on the device the user is viewing it on.

API
The PrimeGov Legislative Management Suite is driven by Restful Web Services. This allows virtually anyone (other software vendors, open data developers) the Client allows to consume the data available in the system. Access is controlled by the Client and the available “datasets” are published by the Client, just like publishing an agenda.

SaaS Solutions - Data Storage and Backup
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Data Storage
PrimeGov provides unlimited data storage for its clients as part of our standard solution offerings. Clients will never have to worry about running out of storage space or needing to upgrade to a larger data storage package.

Data Backup Process
All data is backed up and stored in multiple locations in real-time. Databases have Point in Time Restore up to 35 days. This means we can restore to any minute within the last 35 days. After that, restorations are saved weekly up to 6 months. Individual files have Point in Time Restore up to 2 days and daily backups for 30 days afterwards.

PrimeGov hosts all data in Microsoft Azure, which is a Tier 4 data center, and all connectivity is automatically managed by the Azure infrastructure. Azure guarantees a permanent data failover.

Extra data backups are available upon request. Clients may also export data to external devices for additional storage.

PrimeGov follows the standard protocols for recovery stated by Azure. PrimeGov uses HTTP2 protocol, so all communication between the client and server is secure and encrypted. Our database, backups and other data at rest is stored on Azure resources that have automatic encryption on all the elements.

Network Bandwidth and System Requirements
The entire application is web-based, so there are no minimum bandwidth requirements for web application usage. For video viewing, each user would use 5 Mbps as it’s a 720p stream.

Bandwidth requirements per client are dependent on user usage.

With mobile accessibili ty in mind, PrimeGov h as been designed to run on any device that can support the latest web browsers including Chrome, Safari, Microsoft Edge, and more.

Integrations
PrimeGov builds our solution on widely used and supported web applications. Technology, particularly video, has improved dramatically over the last few years. Our role as a company isn’t to reinvent the wheel but to adapt software to meet the specific needs of clerk s. We provide out-of-the-box Laserfiche, Zoom, Microsoft Office365 SSO, Google SSO, and YouTube integrations to pair our best-in-class solutions with our clients’ existing systems.

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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Ongoing Technical Support
Unparalleled Customer Support
PrimeGov insists that customers always have access to staff and resources to ensure an outstanding customer experience. Our support team is located primarily in Colorado and are staffed with the needs of local government in mind. Regular Support Services are provided between 5:00 am and 5:00 pm Pacific Time, Monday through Friday. On-call and emergency support are provided outside of regular Support Service hours online and by phone.

In addition to contacting the support team by phone and email, PrimeGov provides a searchable online knowledge base for all its clients as part of their services. The knowledge base is available on the same website as our support ticket management system, making the PrimeGov support portal a one-stop shop. The documentation provided includes product updates, technical assistance, tutorials, and more. The content is regularly updated and expanded, and each article contains links to related articles for increased navigation.

Software Modifications
Updates
PrimeGov provides an average of 24 releases per calendar year. Our software handles all upgrade related activities and requires no action from the customer. PrimeGov has an Agile approach, releasing new versions (updates) to the server every two weeks.

All updates ar e automated using Microsoft automation tools. All release notes and update information is freely accessible and stored in our online knowledge base. If a patch is defined as a hot fix and has a heavy impact on customers, it will be released as soon as possible with little-to-no down time. Please see the Support Services Agreement (Schedule 1 of the Services Agreement) for more information.

Change Requests
Client input is viewed as essential to our success at PrimeGov. We pride ourselves on a superior client experience, and that includes taking all client input for future enhancements or solution improvements seriously and considerately. Client feedback is always welcome and clients are encouraged to participate in future user groups and focus groups to see how we can continue to expand and improve our products.
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em Documentation
When releases and updates are made, all PrimeGov clients receive notification and supporting documentation via email. PrimeGov users also have access to an online knowledgebase full of helpful training videos, manuals, and articles. Documentation is revised and expanded on a weekly basis and client usage is tracked to ensure that documentation updates prioritize frequently accessed topics and areas of great interest to our clients. The major documentation categories (e.g., PDFs and webpages) in the knowledgebase are:
• Resolution Articles (for both Admin and general users; broken out by product type) • Product Guides and Administration (for both Admin and general users; broken out by product type)
• How-To Articles (for general product troubleshooting and training) • Product Updates (for continued communication and training on product improvements) • Release Notes (for communication regarding product fixes and improvements) • System Requirements (for Admin and general users)
More details and examples can be provided upon award of contract. 49 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) City of San Carlos, RFP – Agenda and Meeting Management System

APPENDIX C
Cost Proposal Pricing Page
This Pricing Page must itemize the cost to the City for all services to perform the scope of services outlined in Section III of the RFP. A narrative may be attached to clarify any pricing data submitted (e.g. hourly rates).

INITIAL PROJECT COST
Comments/Notes:

1. Initial Software Licensing Costs:
- identify licensing terms and conditions (e.g. site
license, concurrent users, per seat)
$___________

2. Training and Documentation $___________

3. Implementation/Installation Labor $

4. Data Conversion/Migration $

5. Post Implementation Support $

6. Other: BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB $
Total Initial Project Cost $

ONGOING SYSTEM COST
Comments/Notes:

1. Annual Software Maintenance Costs
- in comments, show breakdown for three years of
ongoing system maintenance and support and extended
w
arranties and a cost for two-year renewal for ongoing
system maintenance and support and extended
warranties
$___________

2. Other Technical Support/Future Upgrade Costs $___________

3. Other: ______________________________________ $ __________ Total Annual Ongoing System Cost $ _________
19,508 This includes our Agenda Automation, Meeting Management and Video Streaming as well as 2 Forms, 2 Workflows and 4 Meeting Types. Additional configuration and member voting are available for an additional fee.
0 15 Hours
5,000
7,500 includes 700 meetings. Should you like to migrate less we could adjust accordingly 0 2,000
1 Helo Encoder
$34,008
19,508+5% annually Year 2: $20,483.40
Year 3: $21,507.57
Year 4 $22,582.95
Year 5 $23,712.10
Year 6: $24,897.70
0 0
19,508+5% annually
Helo Encoder
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) HELO - Spec Sheet 05/23/2019 Page 1 of 2
HELO
HELO is AJA’s powerful H.264 streaming and recording stand-alone appliance. HELO brings both SDI and HDMI I/O into a single appliance with the ability to simultaneously stream out to your Content Delivery Network (CDN) as well as encode and record beautiful H.264 files to either SD, SDHC or SDXC cards, USB storage or NFS or CIFS mounted network based storage simultaneously. https://www.aja.com/products/helo

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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) HELO - Spec Sheet 05/23/2019 Page 2 of 2
Video Formats
(2K) 2048 x 1080p 23.98, 24, 25, 29.97, 30, 50, 59.94, 60* (HD) 1080p 23.98, 24, 25, 29.97, 30, 50, 59.94, 60
(HD) 1080i 50, 59.94, 60
(HD) 720p 50, 59.94, 60
(SD) 525i, 625i
*2K inputs are center cut to 1080p and are only supported on SDI input Video Codec Support
H.264/MPEG-4 Encoder
Video Encoding Parameters
100 kbps to 20 Mbps streamed output
100 kbps to 20 Mbps recorded output
Up to 1080p 60
Supports Baseline, Main and High
Audio Encoding Parameters
32 kbps to 256 kbps
48 kHz 2-Channel stereo
MPEG-4 AAC-LC
Protocols
RTMP, RTSP (10 clients), RTMPE, RTMPS, HTTPS and RTP/UDP Unicast and Multi Unicast
Storage
1x USB Slot (USB 2.0 and USB 3.0 media, exFAT or FAT32) 1x SD card slot, SD, SDHC, SDXC cards (exFAT)
Mounted Network Share (CIFS or NFS)
Video Input Digital
1x 3G-SDI, SMPTE-259/292/296/424, 10-bit
Single Link 4:2:2, 4:4:4 (1x BNC)
1x HDMI Standard Type A connector
HDMI v1.4a, RGB or YCbCr
Video Output Digital
1x 3G-SDI, SMPTE-292/296/424, 10-bit
Single Link 4:2:2 or 4:4:4 (1x BNC)
1x HDMI Standard Type A connector
HDMI v1.4a, RGB or YCbCr
Audio Input Digital
2-Channel, 24-bit SDI embedded audio, 48 kHz sample rate, synchronous
2-Channel, 24-bit HDMI embedded audio, 48 kHz sample rate, synchronous
Audio Input Analog
2-Channel, Analog (Line Level, Unbalanced
stereo 1x 3.5mm TRS connector)
Audio Output Digital
2-Channel, 24-bit SDI embedded audio, 48 kHz sample rate, synchronous
2-Channel, 24-bit HDMI embedded audio, 48 kHz sample rate, synchronous
Audio Output Analog
2-Channel, Analog (Line Level, Unbalanced stereo 1x 3.5mm TRS connector)
Network Interface
10/100/1000 Ethernet (RJ-45)
Embedded web server for Configuration and Control
Regionalized interface support - Simplified Chinese
User Interface
Stream Button
Record Button
Web UI
Simple Web Configuration via AJA eMini-Setup (macOS and Windows) Integrated calendar
Control and Automation
Integrated calendar scheduler
Support remote ICS calendars
Scriptable REST control API
Closed Captioning supported
Size (w x d x h)

7.00” x 4.66” x 1.02” (177.8 x 118.37 x 25.91 mm)
Weight

0.8 lb (0.4 kg)
Power
100-240V, 50/60 Hz Universal Input, +5-20V DC 13W Max
Environment
Safe Operating Temperature: 0 to 40 C (32 to 104 F)
Safe Storage Temperature (Power OFF): -40 to 60 C (-40 to 140 F) Operating Relative Humidity: 10-90% noncondensing
Operating Altitude: <3,000 meters (<10,000 feet)
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Acknowledgement of Contract Requirements
PrimeGov acknowledges that the City’s standard Professional Services Agreement (Exhibit A) is acceptable as written with no exceptions and that the necessary insurance, business registration and other documents will be provided as required. 54 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System)

PRIMEGOV SERVICE AGREEMENT
THI
S AGREEMENT (the “Agreement”) is made on the day of 20

BETWEEN

1. PRIME GOVERNMENT SOLUTIONS, I NC., having its principal office at 3429 Derry Street , Harrisburg, PA 17111 (the “Supplier”); and

2. _______________, whose registered office is at (the “Customer”) (and at times referred to in this Agreement as a “party” or “parties”) BAC

KGROUND
A. The Supplier has developed and owns the Service (as defined in clause 1) and has granted to the Customer a non-exclusive license to use such Service solely for Customer’s internal operations and in accordance with the terms and conditions of this Agreement.

The terms of this Agreement shall also apply to any updates and upgrades subsequently provided by Supplier to Customer for the Service. Supplier may update the functionality of or make modifications to the Service and user interface of the Service from time to time in its sole discretion and shall not be liable to Customer or to any third party for any modification of the Service. Su pplier will use commercially reasonable efforts to notify Customer of any material modifications.

B. The Customer wishes the Supplier to provide certain support services in respect of the Service in accordance with the provisions set out in Schedule 1 of this Agreement (“Support Services”).

OP

ERATIVE PROVISIONS
1 DEFINITIONS
In this Agreement the following expressions will have the following meanings unless inconsistent with the context:
“Affiliate” means any company or non -corporate entity that controls, is controlled by, or is under common control with a party. An entity shall be regarded as in control of another company or entity if it owns or directly or indirectly controls more than 50 per cent. of the voting rights of the other company or entity. “Application Password” means any encryption keys, certificates, passwords, access codes, user IDs or other login information provided to or used by Customer for the purpose of accessing and using the Service.
“Business Day” a day that is not a Saturday, Sunday, or public holiday. “Client Environment” means the Customer hardware and software system containing the minimum specification, which the Customer, as advised by Supplier, is required to have to enable the Customer to connect with the Service.
“Customer Data” means data, information or material provided or submitted by Customer or any User to the Supplier in the course of utilizing the Service. “Data Controller” means an entity which alone or jointly with others determines purposes for which and the manner in which any data are, or are to be, processed. “Data Processor” means an entity which processes the data only on behalf of the data controller and not for any purposes of its own.
“Effective Date” means the date of this Agreement signed by the Supplier and the Customer. “Intellectual Property Rights” means all intellectual and industrial property rights of any kind whatsoever, registered or unregistered, including patents, know -how, software, code, intellectual property specifications, design plans, prototypes, drawings, software, software documentation, material, documents, ideas, operations, processes, product information, know - how, and the lik e including mode and procedures of development of source code, registered trademarks, registered designs, utility models, applications for and rights to apply for any of the foregoing, un registered design rights, unregistered trademarks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights, and any other rights in any invention, discovery or process, in each case in all countries in the world and together with all renewals and extensions.
“Personal Data” means data that is processed by the Supplier on behalf of the Customer in relation to this Agreement and may include any information or data derived from Services that alone or together wit
h any other information relates to an identified or
identifiable natural person, or data considered to be personal data as defined under applicable privacy law.
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) “Pricing Schedule” means Schedule 2 to this Agreement which sets out the prices and payment terms for the Service.
“Professional Services” means the general consulting, implementation and/or training services to be provided to Customer.
“Purchase Order” means a purchase order issued by the Customer to the Supplier for the Service. “Service” means Supplier’s online software applications purchased by Customer and maintained through Support Services by Supplier including associated offline components and ancillary online or offline services to which Customer is granted access under this Agreement.
“Service Level Commitments” the service level commitments in respect of the Service to the Customer as more particularly set out in Schedule 1.
“Term” means the term of this Agreement as specified in clause 3. “User” means one (or , if more than one , “Users”) of Customer’s employees, representatives, consultants, contractors or agents and other persons expressly permitted by Customer in connection with Customer’s business affairs who are authorized to use the Service and have been supplied User identi fications and passwords by Customer.
2 INTERPRETATION

2.1 Person: The expression “person” means any individual, firm, body corporate, unincorporated association, or partnership, government, state, or agency of a state or joint venture.

2.2 Headings: The index and headings to the clauses, the Appendices and Schedules of this Agreement are for convenience only and will not affect its construction or interpretation.

2.3 Statutes: Any reference to a statute or statutory provision and all regulations and notices made pursuant to it (whether made before or after the date of this Agreement), includes a reference to the same as from time to time amended, modified, extended, re-enacted, consolidated, or replaced provided that amendments, consolidations, modifications, extens ions, re-enactments or replacements made after the date of this Agreement will not have substantively changed any provision which is relevant to thi s Agreement.

2.4 Provisions of the Agreement : Any reference in this Agreement to a clause, Schedule or Appendix is a reference to a clause, Schedule or Appendix of this Agreement and references in any Schedule or Appendix to paragraphs relate to the paragraphs in that Schedule or Appendix. The Schedules and Appendices form part of this Agreement and wil l have the same force and effect as if expressly set out in the body of this Agreement and any reference to this Agreement will include the Schedules and Appendices.

2.5 Writing: Any references to “writing” or “written” includes references to any communication effected by post, facsimile, email or any comparable means.
3 TERM

3.1 This Agreement shall unless terminated in accordance with clause 19, commences on the Effective Date and shall continue for an initial period of XXXX (X) years therefrom (the “Initial Term”).

3.2 The term of this Agreement shall automatically extend for a period of one (1) year (the “Extended Term”) at the end of the Initial Term and at the end of each Extended Term, unless either party gives written notice to the other party not later than three (3) months before the end of the Initial Term or the relevant Extended Term, to terminate this Agreemen t at the end of the Initial Term or the relevant Extended Term, as the case may.
4 C

USTOMER USE OF THE SERVICE

4.1 Supplier grants Customer a license to access and use the Service during the Term via the internet under and subject to the te rms of this Agreement . Supplier reserves the right to make changes and updates to the functionality and/or documentation of the Service from time to time.
5 F

EES AND PAYMENT

5.1 Customer agrees to pay fees as set forth in the Pricing Schedule (“Service Fees”).

5.2 The Service Fees are to be paid annually in advance commencing on the Effective Date of this agreement and are non-refundable.

5.3 The Service Fees shall be billable and payable annually in advance for a twelve (12) month period at a time ( a “Service Year”) on the anniversary of the Effective Service Date (“Renewal Date”) for the first year and for each year thereafter the Service Fees shall be payable annually in advance on each subsequent anniversary of the Renewal Date. One month prior to the expiry of a Service Year (“Service Year Expiry Date”) the Service Fees for the Service Year will be invoiced by the Supplier to the Customer in respect of the Service to be provided in the following Service Year. The Customer shall pay the Service Fees on or before the relevan t Service Year Expiry Date.

5.4 Where any additional Service(s) is acquired by the Customer during the period between one Renewal Date and the next Renewal Date (the “Installation Year”) the Service Fees payable shall be calculated pro- rata, from the date of the Purchase Order for the Service(s) in the Installation Year up to the next Renewal Date applicable to Customer’s other Licenses . For all subsequent years thereafter, the Service Fees shall be payable annually in advance on each anniversary of the Renewal Date in accordance with this Agreement.
57 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System)

5.5 Where the Supplier performs Professional Services under this Agreement (such as configuration of the Support Service if requested by Customer or migration of Customer Data to the Service), such services shall be invoiced by the Supplier on a time and material basis in accordance with the Supplier’s rates in effect at the time of provision of such services (“Professional Services Fees”) unless otherwise agreed in writing between the Parties and will be payable without withholding, deduction or off set of any amounts for any purpose.

5.6 The Service Fees and Professional Service Fees do not include local or foreign taxes, duties, fees, and levies imposed from time to time by any government or other authority (“ Taxes”) and such Taxes, where applicable, will be payable by the Customer on the Service Fees and Professional Services Fees, at the rate applicable at the time of supply of the Service and/or Professional Services.

5.7 The Customer shall pay each invoice within thirty (30) days of receipt of this invoice.

5.8 Customer agrees to provide Supplier billing and contact information as Supplier may reasonably require. Customer agrees to update this information promptly by means of email to the Supplier and in any case within fifteen (15) days, if there is any change.

6 NON-PAYMENT

6.1 Customer’s account will be considered delinquent (in arrears) if the Supplier has not received payment in full within thirty ( 30) days after the due date, and without prejudice to any other rights and remedies of the Supplier;

6.2 Interest shall accrue on any payments (or any part thereof) outstanding at a rate of one and a half per cent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower, plus all expenses of collection, including reasonable legal fees and court costs;

6.3 Subject to clause 6.4 below, the Supplier may, upon giving ten (10) days written notice but without liability to the Customer, disable/suspend the Customer’s password, account and access to all or part of the Service and the Supplier shall be under no obligation to provide any or all of the Service while the invoice(s) or any part thereof, remains unpaid;

6.4 Supplier may in its discretion, decide not to exercise its rights under clause 6. 2 (interest) and 6.3 (suspension), if Customer is disputing the applicable Service Fees and/or Professional Services Fees reasonably and in good faith and is cooperating dilig ently to resolve the dispute.

6.5 Supplier reserves the right to impose a reconnection fee if the Service is susp ended (as a result of Customer’s breach) but subsequently reinstated.

6.6 Without recourse to clause 6.1 (delinquency), Supplier reserves the right to terminate this Agreement if Customer’s account falls into arrears thirty (30) days after the due date.

7 RESTRICTIONS ON USE OF THE SERVICE

7.1 The Customer may not:

7.1.1 make the Service or use the Service for the benefit of anyone else other than the Customer and the Customer’s Users.

Customer shall access and use the Service only to the extent of authorizations acquired by the Customer in accordance with this Agreement (for example the quantity specified in the relevant Purchase Order) and Customer agrees that the Customer is solely responsible for use of the Service by any Users who access and/or use the Service. Customer agrees to immediately notify the Supplier if Customer becomes aware of any loss or theft or unauthorized use of Customer’s account credentials.

7.1.2 sublicense, resell or supply the Service for use in or for the benefit of any other organizati on, entity, business, or enterprise without Supplier’s prior written consent;

7.1.3 submit to the Service any material that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third-party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively “ Objectionable Matter ”). Customer will be responsible to ensure that its Users do not submit any Objectionable Matter. In addition, the Supplier may, at its option, adopt rules for p ermitted and appropriate use and may update them from time to time on the Supplier web site and Customer and Customer’s Users will be bound by any such rules. Supplier reserves the right to remove any Customer Data that constitutes Objectionable Matter or violates any Supplier rules regarding appropriate use but is not obligated to do so. Customer and Customer’s Users will comply with all applicable laws regarding Customer Data and use of the Service.

7.1.4 interfere with or disrupt the integrity or attempt to gain unauthorized access to the Service or the Supplier’s intellectual property therein;

7.1.5 copy the Service or any part, feature, function or user interface thereof;

7.1.6 frame or mirror any part of any Service on any other server or wireless or internet-based device outside of the agreed usage in this contract; or

7.1.7 access any part of the Service in order to build a competitive product or service or to build a product using similar ideas, features, functions or graphics of the Service;

7.2 Supplier reserves the right to disable, suspend or terminate this Agreement for cause in case the Customer breaches the provisions of this clause 7.

8 CUSTOMER DATA

8.1 The Customer shall own all rights, title and interest in and to all of the Customer Data and shall have sole responsibility f or the legality, reliability, integrity, accuracy and quality of the Customer Data.

8.2 Supplier will use best efforts to provide prot ection using current technological standards to protect Customer Data against unauthorized disclosure or use.

8.3 In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for the Supplier to us e reasonable commercial endeavors to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by the Supplier. The Supplier shall not be responsible for any loss, destruction, alteration, or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by the Supplier to perform services related to Customer Data maintenance and back-up).

8.4 Subject to the terms and conditions of this Agreement, Customer grants to Supplier a non- exclusive license to use, copy, store, transmit and display Customer Data to the extent reasonably necessary to provide and maintain the Service.

9 CUSTOMER'S OBLIGATIONS
58 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System)

9.1 The Customer shall:

9.1.1 provide the Supplier with:
(i) all necessary co-operation in relation to this Agreement; and (ii) all necessary access to such information as may be required by the Supplier in order to render the Service, including but not limited to Customer Data, security access information and configuration services;

9.1.2 comply with all applicable laws and regulations with respect to its activities under this Agreement;

9.1.3 carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the parties, the Supplier may adjust any agreed timetable or delivery schedule as reasonably necessary;

9.1.4 ensure that the Users use the Service in accordance with the terms and conditions of this Agreement and shall be responsible for any User’s breach of this Agreement;

9.1.5 obtain and shall maintain all necessary licenses , consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this Agreement, including without limitation the Service;

9.1.6 ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time;

9.1.7 shall be solely responsible for protecting and safeguarding all Application Passwords, as Customer will be the only party with knowledge of its passwords. If Customer makes such Application Passwords available to any third party, Customer shall be liable for all actions taken by such third party in connection with the Service. Customer shall not disclose or make available the Application Password other than to Customer's authorized employees or contractors, shall use all commercially reasonable efforts to prevent unauthorized access to, or use of, the Application Password and the Service and will notify the Supplier promptly of any such unauthorized access or use and make any disclosures related to such unauthorized access or use which may be required under any applicable laws; and

9.1.8 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Supplier, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet. 10 P

ROFESSIONAL SERVICES

10.1 Customer may retain Supplier to perform Professional Services as the parties may agree upon in writing (“Work Order”). Supplier will use reasonable efforts to carry out the Professional Services stated in the Work Order and to provide any resulting functionality in the Service made available online to Customer and Customer’s Users. Except as the parties otherwise agree in a Work Order, Professional Services and the results thereof are made available “AS IS.”

10.2 Unless otherwise agreed in writing either under this Agreement or in the Work Order, Professional Services are provided by Supplier on a time and materials basis. Maintenance and support of code or functionality created by means of Professional Services will likewise be on a Work Order basis under this clause 10 unless otherwise agreed in writing. The code and functionality made or provided under this clause 10 and all proprietary and intellectual property interests therein, will be Supplier’s property.

Access to the results of Professional Services will be available, subject to any further terms as may be agreed between the parties, as part of the Service during the Term unless otherwise agreed in writing. 11 I

NTELLECTUAL PROPERTY RIGHTS

11.1 Customer will not acquire any title copyright or other proprietary rights or Intellectual Property Rights in the Service or to the source code of the Service including in any materials or supporting documentation provided under the Service as provided in this Agreement.

11.2 The Supplier shall at all times be the sole owner of all title and Intellectual Property Rights emanating from any intellectu al property, additional coding, data or patents, any discovery, invention, secret process, development, research or improvement in procedure that may be generated in connection with this Agreement including, but not limited to, any derivative works and Customer-specific enhancements and modifications. All intellectual property and other proprietary rights made, conceived or developed by the Supplier alone or in connection with the Customer in the course of the supply of the Service shall at all times be and remain the sole and exclusive property of the Supplier along with any improvement of any process, know -how, technology and any other materials in respect of the Service to be provided under this Agreement.

11.3 The Customer agrees not to remove, modify or use in any way any of Supplier’s proprietary marking, including any trademark, product or service names or copyright notice, without the prior written consent of the Supplier. 12 P
RIVACY
Supplier agrees to implement its privacy policies in effect from time to time. 13 SERV

ICE LEVEL WARRANTY
Supplier warrants during the Term of this Agreement that the Service will meet the Service Level Commitment stated in Schedule

1. 14 AD

DITIONAL WARRANTIES
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. 15 I

NDEMNIFICATION

15.1 Supplier will defend, indemnify, and hold Customer (and its officers, directors, employees and agents) harmless from and against all costs, liabilities, losses, and expenses (including reasonable legal fees) (collectively, “Losses”) arising from any third-party claim, suit, action, or proceeding arising from the actual or alleged infringement of any copyright, patent, trademark, or misappropriation of a trade secret by the Service or Supplier Content (other than that due to Customer Data). In case of such a claim, Supplier may, in its discretion, procure a license that will protect Customer against such claim without cost to Customer or replace the Se rvice with a non- infringing Service. THIS CLAUSE 15.1 STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT OR CLAIMS ALLEGING INFRINGEMENT. This indemnity by Supplier shall not apply to the extent that the claim of infringement of Intellectual Property Rights arose as a result of i) any negligent act or omission or willful misconduct of the Customer pursuant to this Agreement; (ii) any misuse or modification of the Service by the Customer, including, but not limited to the Customer’s us e 59 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) of the Service in a manner inconsistent with information, directions, specifications, or instructions provided and approved b y Supplier; (iii) the Customer’s use of the Service in combination or conjunction with any product, service, device, or method not owned, developed, furnished, recommended, or approved by Supplier; (iv) the combination, operation or use of the Service with non-Supplier programs, data, methods or technology if such infringement would have been avoided without the combination, operation or use of the Service with other programs, data, methods or technology, or (v) Customer’s breach of any of the provisions of section 7 of this Agreement.

15.2 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from and against all Losses arising out of or in connection with a claim, suit, action, or proceeding by a third party (i) alleging that the Customer Data or other data or information supplied by Customer infringes the intellectual property rights or other rights of a third party or has caused harm to a third party or (ii) arising out of breach of clause 7 above.

15.3 Customer will defend, indemnify, and hold Supplier (and its officers, directors, employees and agents) harmless from any expense or cost arising from any third -party subpoena or compulsory legal order or process that seeks Customer Data and/or other Customer-related information or data, including, without limitation, prompt payment to Supplier of all costs (including legal’ fees) incurred by Supplier as a result. In c ase of such subpoena or compulsory legal order or process, Customer also agrees to pay Supplier for its staff time in responding to such third -party subpoena or compulsory legal order or process at Supplier’s then applicable hourly rates.

15.4 In case of any cl aim that is subject to indemnification under this Agreement, the party that is indemnified (“ Indemnitee”) will provide the indemnifying party (“Indemnitor”) reasonably prompt notice of the relevant claim. Indemnitor will defend and/or settle, at its own expense, any demand, action, or suit on any claim subject to indemnification under this Agreement. Each party will cooperate in good faith with the other to facilitate the defense of any such claim and will tender the defense and settlement of any action or proceeding covered by this clause 15 to the Indemnitor upon request. Claims may be settled without the consent of the Indemnitee, unless the settlement includes an admission of wrongdoing, fault, or liability.

16 DISCLAIMERS AND LIMITATIONS

16.1 Except with regard to Customer’s payment obligations under clause 5 and with regard to either party’s indemnification obligations under clause 15, in no event will either party’s aggregate liability exceed the Service Fees due for the preceding twelve (12) month period at the time of the event or circumstance giving rise to such claim. Except in regard to Customer’s breach of clause 7, in no event will either party be liable for any indirect, special, incidental, consequential damages of any type or kind (including, without limitation, loss of data, revenue, profits, use or other economic advantage).

16.2 The Supplier is not responsible for any defects or damages resulting from Customer's or Customer's agents or employees mishandling, abuse, misuse, accident, or Force Majeure. The Customer agrees to inform the Supplier of any Customer system change that may reasonably be expected to affect the Supplier's ability to provide the Service and shall notify the Supplier of any change to its IT configuration affecting the Services. The Supplier shall not be held responsible for the availability of telephone lines, the Internet, electricity, or servers outside its reasonable control. The Supplier provides no warranty or guarantee in relation to speed of delivery of the Service, including the speed of any restores. The speed of delivery of the Service is dependent on factors outside the control of the Supplier including inter alia the speed, functionality and condition of the Customer’s IT infrastructure, the amount of data being restored and/or the bandwidth of the Customer's internet connection. Any errors caused arising from the inadequacy or defectiveness of the Customer’s IT infrastructure and/or the connectivity and bandwidth of the Customer's internet connection may affect the delivery of the Service including the performance of any restores. The Supplier will notify Customer of any technical failures in respect of delivery of the Service of which it is aware and subject to the terms of the Service Level Commitments, will endeavor to work with Customer to assist with rectification of any such failures. Customer acknowledges that changes may be required to the Customer’s IT infrastructure and/or to its internet connectivity including i ts bandwidth capacity or otherwise to improve the speed, performance and/or delivery of the Service. Customer shall be responsible for the cost of any such changes. Any administrative and technical notifications in respect of the delivery of the Service wi ll be sent by email to the Customer.

16.3 Except as set forth in the Service Level Commitments, the Supplier makes no warranty that the Service will be uninterrupted, timely, secure or error free. The Supplier expressly disclaims all liability howsoever arising from any change made to the Customer's IT configuration of the Client Environment of which Customer has not notified the Supplier in writing. No statement, whether oral or written, obtained by Customer from the Supplier shall create any warranty not expressly made herein.

16.4 The Customer recognizes that the Internet consists of multiple participating networks that are separately owned and not subject to the Supplier's control. The Customer agrees that the Supplier shall not be liable for damages incurred or sums paid when t he Service is temporarily or permanently unavailable due to malfunction of, or cessation of, internet services by networks or Internet service providers not subject to the Supplier's control, or for transmission errors in, corruption of, or the security of the Customer Data or data transmitted through the Service carried on such networks or Internet service providers. The Supplier shall have no liability hereunder for damages incurred or sums paid due to any fault of Customer or any third party, or by any harmful components (such as computer viruses, worms and computer sabotage). The Supplier is not liable for any breach of security on the Customer's network, regardless of whether any remedy provided in this Agreement fails in its essential purpose.

16.5 THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY SUPPLIER.

THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES.

17 CONFIDENTIALITY

17.1 “Confidential Information” means non -public information, technical data or know -how of a party and/or its Affiliates, which is furnished to the other party in written or tangible form in connection with this Agreement. Oral disclosure will also be deem ed Confidential Information if it would reasonably be considered to be of a confidential nature or if it is confirmed at the tim e of disclosure to be confidential.

17.2 Notwithstanding the foregoing, Confidential Information does not include information which is: (i) already in the possession of the receiving party and not subject to a confidentiality obligation to the providing party; (ii) independently developed by t he receiving party; (iii) publicly disclosed through no fault of the receiving party; (iv) rightfully received by the receiving party from a third party that is not under any obligation to keep such information confidential; (v) approved for release by written agree ment 60 7.f.2
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17.3 Neither party will use the other party’s Confidential Information except as reasonably required for the performance of this Agreement. Each party will hold in confidence the other party’s Confidential Information by means that are no less restricti ve than those used for its own confidential materials. Each party agrees not to disclose the other party’s Confidential Information to anyone other than its employees or subcontractors who are bound by confidentiality obligations and who need to know the same to perform such party’s obligations hereunder. The confidentiality obligations set forth in this clause 17 will survive for five (5) years after the termination or expiration of this Agreement.

17.4 Upon termination or expiration of this Agreement, except as otherwise agreed in writing or otherwise stated in this Agreement, each party will, upon the request of the disclosing party, either: (i) return all of such Confidential Information of the dis closing party and all copies thereof in the receiving party’s possession or control to the disclosing party; or (ii) destroy all Confidential Information and all copies thereof in the receiving party’s possession or control. The receiving party will then, at the request of the disclosing party, certify in writing that no copies have been retained by the receiving party, its employees or agents.

17.5 In case a party receives legal process that demands or requires disclosure of the disclosing party’s Confidential Information, such party will give prompt notice to the disclosing party, if legally permissible, to enable the disclosing party to challenge such demand. 18 D

ATA PROTECTION

18.1 The parties agree that the Customer is the Data Controller and the Supplier is the Data Processor in respect of any Personal Data.

18.2 The Supplier will:

18.2.1 take appropriate technical and organizational measures against unauthorized or unlawful processing of, and accidental loss or destruction of, or damage to, Personal Data, having regard to the state of technological development and the cost of implementing any measures, to ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing, accidental loss, destruction or damage and the nature of the Personal Data;

18.2.2 only process Personal Data in accordance with instructions from the Customer and the Customer shall not provide the Supplier access to sensitive personal information that imposes specific security data security obligations for the processing of such data.; and

18.2.3 take reasonable steps to ensure the reliability of its employees who have access to the Personal Data. 19 TERM

INATION

19.1 If a party:
(a) commits a material breach of this Agreement which cannot be remedied; or (b) commits a material breach of this Agreement which can be remedied but fails to remedy that material breach within sixty (60) days of a written notice setting out the breach and requiring it to be remedied being given by the other party (or such longer period where agreed between the parties. the other party may terminate this Agreement immediately by giving not less than sixty (60) days’ written notice to that effect to the party in breach.

19.1.1 A breach can be remedied if the party in breach can comply with the relevant obligation in all respects other than as to time of performance unless time of performance of such obligation is of the essence.

19.1.2 This clause 19.1 will not apply to any failure by the Customer to make any payment due to the Supplier under this Agreement on or before the due date. Clause 19.2 will apply instead to any such failure.

19.2 The Supplier may terminate this Agreement by giving not less than thirty (30) days’ written notice to that effect to the Cust omer if the Customer fails to make any payment due to the Supplier under this Agreement within sixty (60) days after the relevant due date for payment.

19.3 Either party may terminate this Agreement immediately by giving written notice to that effect to the other party if the other party becomes insolvent. Each party will notify the other party immediately upon becoming insolvent.

19.4 If an application for an administration order, a notice of intention to appoint an administrator or a winding up petition is the only grounds for giving notice to terminate, that notice will be deemed to be ineffective if:

19.4.1 in the event of an application for an administration order being made, that application is withdrawn or dismissed within ten (10) Business Days of being made;

19.4.2 in the event of a notice of intention to appoint an ad ministrator being filed, no administrator is appointed within ten (10) Business Days of the notice being filed; or

19.4.3 in the event of a winding up petition being presented, that petition is withdrawn or dismissed prior to advertisement and within ten (10) Business Days of presentation.

19.5 The Supplier’s rights of termination set out in this Agreement are in addition to and not in substitution for any rights of termination which may exist at common law.

19.6 Termination of this Agreement for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
20 C

ONSEQUENCES OF TERMINATION

20.1 The termination of this Agreement howsoever arising is without prejudice to the rights, duties and liabilities of either pa rty accrued prior to termination.

20.2 If the Supplier terminates or suspends the Service under this Agreement, Customer must pay within thirty ( 30) days all Service Fees and Professional Services Fees that have accrued prior to such termination or suspension, as well as any fees that remai n unpaid for the Service up to date of termination or suspension plus related taxes and expenses. If the Agreemen t is terminated by Customer for any reason other than a termination expressly permitted by the Agreement, Customer agrees that the Supplier shall be entitled to the Service Fees payable for the Service under the Agreement for the entire Initial Term or if terminated during an Extended Term, the Service Fees payable for the entire Extended Term, unless a provision to the contrary is stipulated in the Agreement.

20.3 The clauses in this Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
61 7.f.2
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20.4 The Customer shall not be entitled on or after the termination of this Agreement for any reason whatsoever to a rebate of any Service Fees paid in advance of their due date.

20.5 On termination of this Agreement howsoever arising the Customer will at the direction of the Supplier return to the Supplier any documents in its possession or control which contain or record any Confidential Information. 21 F

ORCE MAJEURE

21.1 Neither party to this Agreement will be deemed to be in breach of this Agreement or otherwise liable to the other party in any manner whatsoever for any failure or delay in performing its obligations under this Agreement due to Force Majeure, provided that it has complied and continues to comply with its obligations set out in clause 21.2. “Force Majeure” means in this Agreement catastrophic events of environmental and unforeseen nature. Examples defined as Force Majeure include, but are not limited to, hurricanes, tornados, earthquakes, and others of like unforeseen environmental impacts.

21.2 If a party’s performance of its obligations under this Agreement is affected by Force Majeure:

21.2.1 it will give written notice to the other party, specifying the nature and extent of the Force Majeure, within seven days of becoming aware of the Force Majeure and will at all times use all reasonable endeavors to bring the Force Majeure event to an end and, whilst the Force Majeure is continuing, to mitigate its severity, without being obliged to incur any expenditure;

21.2.2 subject to the provisions of clause 21.3, the date for performance of such obligation will be deemed suspended only for a period equal to the delay caused by such event; and

21.2.3 it will not be entitled to payment from the other party in respect of extra costs and expenses incurred by virtue of the Force Majeure.

21.3 If the Force Majeure in question continues for more than three (3) months a party may give written notice to the other to terminate this Agreement. The notice to terminate must specify the termination date, which must not be less than fifteen (15) days and once such notice has been validly given, this Agreement will terminate on that termination date.

21.4 If the Agreement is terminated in accordance with clause 21.3, then neither party will have any liability to the other except that rights and liabilities which accrued prior to such termination will continue to exist. 22 EM

PLOYEES NON-SOLICITATION

22.1 Notwithstanding any degree of supervision exercised by either party over employees of the other, in no circumstances will the relationship of employer and employee be deemed to arise between either party and an employee of the other.

22.2 Unless this Agreement is earlier terminated by reason of the Supplier’s Insolvency (“Insolvency Event”) when no such restrictions shall apply, during the term of this Agreement and for a period of six months after its termination, Customer will not and wi ll ensure that its Affiliates will not, directly or indirectly, without the prior written consent of the other, solicit, or permit any of its group companies to solicit or entice, the employment of any person who is employed by the other party or any of its group companies and whose role either wholly or partly relates to the provision of the Service or the performance of this Agreement.

For the purposes of this clause 22 , “solicit” or “entice” means the soliciting or enticing of such person with a view to engaging such person as an employee, director, subcontractor, consultant or independent contractor or through a company owned by such person or his or her family but will not apply in the case of any such person responding without enticement to a job advertisement which is capable of being responded to by members of the public (or sections thereof) generally.

22.3 In such circumstances where the Supplier suffers an Insolvency Event, nothing in this clause 22 will prohibit the Customer from soliciting or enticing or attempting to solicit or entice the employment of any of the key personnel for the duration of that Insolvency Event.
23 A

SSIGNMENT

23.1 Either party may assign, novate or deal in any other manner with any of its rights and obligations under this Agreement.

23.2 Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and permitted assigns.
24 N
OTICES

24.1 Notices will be in writing, in the English language, marked for the attention of the specified representative of the party to be given the notice or communication and:

24.1.1 sent by pre-paid first-class post to that party’s address;

24.1.2 sent by e-mail to that party’s e -mail address (with a copy sent by pre -paid to that party’s address within twenty -four (24) hours after sending the e-mail).

The address, e-mail address and representative for each party are set out below and may be changed by that party giving at least five (5) Business Days’ notice in accordance with this clause 24:
___ ____________________ Prime Government Solutions Inc. 34 29 Derry Street
Harrisburg, PA 17111
Attention of: Attention of: PrimeGov Finance
[email protected]

24. 2 Any Notice given in accordance with 24.1 will be deemed to have been served:

24.2.1 if given as set out in clause 24.1.1 at 9.00 am on the second Business Days after the date of posting; or

24.2.2 if given as set out in clause 21.2.3, at the time of sending (except that if an automatic electronic notification is received by the sender within twenty-four (24) hours after sending the e-mail informing the sender that the e-mail has not been delivered to the recipient or that the recipient is out of the office, that e-mail will be deemed not to have been served). 25 R

ELIANCE ON REPRESENTATIONS

25.1 The Customer acknowledges that this Agreement has not been entered into wholly or partly in reliance on, nor has the Supplier given or made, any warranty, statement, promise or representation other than as expressly set out in this Agreement. 62 7.f.2
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25.2 Nothing in this clause 25 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
26 SET
-OFF OR WITHHOLDING
All payments to be made by the Customer to the Supplier under this Agreement will (in the absence of express written agreement from the Supplier) be made in full without any set-off, restriction or condition and without any deduction or withholding for or on account of any counterclaim or any present or future taxes, levies, duties, charges, fees, deductions or withholdings of any nature unless the Customer is required by law to make any such deduction or withholding and Customer has given prior notification to Supplier of such legal obligations on the Customer’s part.
27 EN

FORCEMENT BY THIRD PARTIES
The terms and conditions of this Agreement are for the sole benefit of the parties and nothing herein will be construed as giving any rights to any person or party not a party to it.
28 I

NVALIDITY/SEVERABILITY
If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect.
29 VAR
IATION
This Agreement may only be varied or amended in writing and signed by the parties or their authorized representatives of each of the parties.
30 W
AIVER
No failure or delay by the Supplier to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy. 31 D

ISPUTE RESOLUTION

31.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (“Dispute”) then, except as expressly provided in this Agreement, the parties shall follow the dispute resolution procedure set out in this clause 31.

31.2 The parties will initially seek to resolve the Dispute through discussion and negotiation in good faith between the appropriate officers of the parties. If the Dispute is not resolved, through discussion and negotiation under this section, within thirty (30) days (or such alternative time period as may be agreed between the Parties), the following procedure will apply:-

31.2.1 Any dispute relating to the terms, interpretation or performance of this Agreement (other than claims for preliminary injunctive relief or other pre- judgment remedies) will be resolved at the request of either party t hrough binding arbitration. Arbitration will be conducted under the rules and procedures of the American Arbitration Association (“AAA”). The parties will request that AAA appoint a single arbitrator. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect and an enforceable provisio n that most closely reflects the parties’ intent will be substituted for the unenforceable provision. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. 32 GOVERNING LAW AND JURISDICTION

32.1 The formation, existence, construction, performance, validity and all aspects whatsoever of this Agreement or of any term of this Agreement will be governed by the laws of the State of Utah.

32.2 The courts of Salt Lake City, Utah will have non -exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement. The parties irrevocably agree to submit to that jurisdiction except that either party may seek injunctive relief in any court of competent jurisdiction. 33 MERGER AND MODIFICATION
This Agreement, including the attached documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this Agreement . This Agreement may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both parties. 3 4 INTERLOCAL AGREEMENT
This Agreement may be extended for use by other municipalities and governmental agencies upon execution of an addendum or oth er signed writing setting forth all of the terms and conditions for such use, including the products and services and fees applicable thereto.

Any such usage by other entities must be in accordance with the code, charter, and/or procurement rules and regulations of those respective governmental entities.
35 NONDISCRIMINATION AND COMPLIANCE WITH LAWS
Supplier agrees to comply with all applicable laws, rules, regulations, and policies, including those relating to nondiscrimi nation, accessibility, and civil rights. Supplier agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes and unemployment compensation and workers' compensation premiums. Supplier shall have and keep current at all times during the term of this Agreement all licenses and permits required by law. 63 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) SIGNED BY the parties on the date stated at the beginning of this Agreement.

CUSTOMER NAME PRIMEGOV
………………………………………………………….. …………………………………………………………
Authorized Signature Authorized Signature
…
……………………………………………………….. Sherif Agib/President
Print Name/Title Print Name/Title
…
……………………………………………………….. …………………………………………………………..

Date Date
64 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) SCHEDULE 1 – Support Services Contract
T
his Support Services Contract describes the expected performance of the PrimeGov Service, the procedures for reporting an issue, and expected turnaround time on issues reported.

1. S
ervice Uptime Target. PrimeGov has a target uptime of >99.95% measured on a monthly basis. This time excludes any planned maintenance that have been identified to the Customer. PrimeGov shall give a minimum of two (2) business days’ notice for planned maintenance updates. Plan ned maintenance will be targeted to occur between 11 :00 pm Pacific Time on Thursday to 02:00 a.m. Pacific Time on Friday. Update notes are published as part of the maintenance notification, highlighting new features, improvements, and bug fixes. Maintenance time frames are subject to change by PrimeGov, and proper notification is provided to the Customer within the minimum two (2) business day period.

2. R
eporting an Issue.
a. Contact Details. At PrimeGov, we built our support system with alerts to anticipate any service disruption so that our Customer Success team can address any technical items before they become an issue for our customers. In the case where a Customer discovers an issue, or the Service is unavailable, the Customer should notify the PrimeGov Customer Success team through one of the following channels:
i. Entering a ticket in the help desk system at support.primegov.com. ii. E-mailing the Customer Success team directly at [email protected]. iii. Calling the Customer Success team at 1-833-634-6349. b. Hours of Coverage . Regular Support Services ar e provided between 5:00 am and 5 :00 pm Pacific Time, Monday through Friday. On -call and emergency support are provided outside of regular Support Service hours online and by phone. More specifically, the hours are as follows:
i. Call for phone support. Phone support is available twenty -four (24) hours a day, seven (7 ) days a week by calling 1-833-634-6349.
ii. Enter an issue in the help desk system. This service is available twenty-four (24) hours a day, seven (7) days a week at support.primegov.com.
iii. Email an issue to the Customer Success team. This service is available twenty-four (24) hours a day, seven (7) days a week.
c. Customer Priority Identification. The Customer will supply their determined priority for each support item logged in accordance with the following Priority Code:

PRIORITY CODE DESCRIPTION
P1 - Critical The problem is impacting all Users by the Service being unavailable with no work - around available.

P2 - High The problem is impacting a significant number of Users and is causing a significant business impact, where there is no work-around available.

P3 - Moderate The problem is impacting a small number of Users and is causing a minor business impact or is causing a significant business impact, but there is a workaround available.

P4 - Low Non-service affecting defect. Non -urgent or cosmetic p roblems, queries, causing inconvenience only.

3. R
esolving an Issue
a. Steps to Resolution.
i. PrimeGov Customer Success staff will analyze the issue and revert to the Customer with an assessment of the issue.
ii. The issue will then result in one of the following actions:

1. The PrimeGov Customer Success staff will send a set of steps to close the issue with associated times.

2. PrimeGov Customer Success staff will ask for more clarification/ information on the issue.

3. PrimeGov Customer Success staff may discuss the priority of the issue.

4. The Customer and the PrimeGov Customer Success staff will mutually agree to close or reprioritize an issue
.
i
ii. If a support issue is closed because it has been successfully resolved, then PrimeGov Customer Success staff will provide a brief description of the final solution to the Customer. b. Target Response Time. PrimeGov will aim to provide the Customer with a response within a specific time limit based on the agreed Priority Code of the Support Issue (a “ Target Response Time”). The following Target Response Times are within the hours of coverage:

PRIORITY CODE DESCRIPTION TARGET RESPONSE TIME <
P1 Critical 30 minutes
P2 High 1 hour
P3 Moderate 2 hours
P4 Low 40 hours

4. P
roblem Escalation. A Support Call’s Priority Code may be escalated by either the Customer or PrimeGov, if it is found to be more business critical than first realized or if the steps to resolve are proving unsatisfactory. In the event of escalation, the following contacts from PrimeGov should be called:

ROLE NAME CONTACT EMAIL
Technical Support Lead Sydney Erickson [email protected] 65 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Technical Support Director Larry Thorpe [email protected] President Sherif Agib [email protected]

5. M
inor Enhancements. Requests by the Customer for minor enhancements or changes to the Service not relating to a defect or error inherent in the Service will be considered on a case- by-case basis and will be included under this Agreement at the sole discretion of PrimeGov if in the PrimeGov software product roadmap.

6. Knowledge Bas e. PrimeGov provides a searchable online knowledge base for questions and issue resolution is available at support.primegov.com. The documentation provided includes product updates, technical assistance, and tutorials. The content is regularly updated and expanded and each article contains links to related articles for increased navigation. The knowledge ba se is available on the same website as the support ticket management system for ease-of-use.

7. E
xclusions
a. Requests by the Customer for significant enhancements or changes to the Service not relating to a defect or error inherent in the Service will be excluded from this Agreement and will be managed separately. b. PrimeGov is only obliged to provide the Support Services with respect to the then current version of the Service. If PrimeGov provides Support Services for older versions/releases, this is done without obligation on an “as -is” basis at PrimeGov’s sole discretion and without any service level applying and PrimeGov may make the provision of further Support Services for older versions of the Service subject to the payment of additional fees. c. Any alteration, modification or maintenance of the Service by the Customer or any third party which has not been authorized in writing by PrimeGov.
d. Any failure by the Customer to implement any recommendations, solutions to faults, problems or updates previously advised or delivered by PrimeGov to the Customer.
e. Either Party being subject to Force Majeure.
f. The Customer’s failure, inability or refusal to allow PrimeGov’s personnel proper and uninterrupted access to the Service.
66 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System)

AGREEMENT FOR PRODUCTS AND/OR SERVICES
This Agreement is made and entered into as of __________________ by and between the City of San Carlos hereinafter called "CITY" and ____________________ hereinafter called "VENDOR".

RECITALS
This Ag
reement is entered into with reference to the following facts and circumstances:

A. That CI
TY desires to engage VENDOR to provide a product and/or services to the CITY;
B. That VE
NDOR is qualified to provide the product and/or services to the CITY and;

THEREFO
RE, the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

1. A. Services. The services to be performed by VENDOR under this Agreement are described in Exhibit A , which is, by this ref erence, incorporated herein and made a part hereof as though it were fully set forth herein.

Perform
ance of the services specified in said Exhibit is hereby made an obligation of VENDOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

B. Product. The product to be supplied by VENDOR under this Agreement is set forth in Exhibit A which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Timely delivery of the product specified in said Exhibit A is hereby made an obligation of VENDOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur. (b) Exhibit A
67 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Notwithstanding the provisions of (a) above, CITY may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. CITY shall compensate VENDOR for any product delivered and/or for services rendered, and reimburse VENDOR for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

3. Compensation; Expenses; Payment . CITY shall compensate VENDOR for all products supplied or services performed by VENDOR hereunder as shown in Exhibit B attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum __________________$__________ unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY ’s City Manager (for contracts less than $75 ,000 or authorized by City Council action for contracts $75,000 or more by motion duly made and carried).

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services . In the event CITY desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by CITY’s City Manager (for contracts less than $75,000 or authorized by City Counc il action for contracts $75 ,000 or more by motion duly made and carried). Such amendment to this Agreement shall include a description of the product to be delivered or services to be performed thereunder, the maximum compensation and reimbursement of cost s and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. Any additional services causing the total contract price to exceed $75 ,000, shall require approval by the City Council. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

68 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System)

5. Records . VENDOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during regular business hours at VENDOR’s place of business or as otherwise agreed upon by the parties.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

7. Reliance on Specialized Professional Skill of VENDOR. VENDOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such specialized skills of the VENDOR to do and perform the work. In performing services hereunder VENDOR shall adhere to the standards generally prevailing for the performance of services similar to those to be performed by VENDOR hereunder.

8. Documents . All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by VENDOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY

9. Relationship of Parties. It is understood that the relationship of VENDOR to the CITY is that of an independent contractor and all persons working for or under the direction of VENDOR are its agents or employees and not agents or employees of the CITY.

10. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of VENDOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

V
ENDOR acknowledges the importance to CITY of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.

11. Indemnity . VENDOR shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with VENDOR’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this 69 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Not
hing herein contained shall be construed to require VENDOR to indemnify CITY, its officers, employees, agents and volunteers against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

12. Insurance. VENDOR shall acquire and maintain Workers’ C ompensation, employer’s liability, commercial general liability, owned and non- owned and hired automobile liability, and professional liability insurance covering risks arising from VENDOR’s services to be performed hereunder in form subject to the approval of the City Attorney and/or CITY’s Risk Manager.

The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

Insurance Category Minimum Limits
W
orkers’ Compensation statutory minimum
E
mployer’s Liability $1,000,000 per accident for bodily injury or disease. VENDOR shall submit to
City a Waiver of Subrogation
endorsement in favor of City, its officers,
agents, employees, and volunteers.

C
ommercial General Liability $1,000,000 per occurrence for bodily injury, personal injury, and property
damage, including without limitation,
blanket contractual liability and
coverage for explosion, collapse and
underground property damage hazards.

If a general aggregate limit applies,
either the general aggregate limit shall
apply separately to this project/location
or the general aggregate limit shall be
twice the required occurrence limit.

Coverage must be at least as broad as
Insurance Services Office form CG 00
01 A
utomobile Liability $1,000,000 per accident for bodily injury and property damage (coverage
70 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) required to the extent applicable to
VENDOR’s vehicle usage in performing
services hereunder)

1Professional Liability $1,000,000 per claim and if a general aggregate limit applies, general
aggregate limit shall be twice the
required occurrence limit.

Other Insurance Provisions
Concurrently with the execution o f this Agreement, VENDOR shall furnish CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:

(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after City shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;

(b) VENDOR’s general liability policies shall be primary and non- contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37, is also required.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contrac t effective date, the VENDOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
1 Note: Professional liability insurance coverage is not required if the contractor/vendor/consultant is not providing a service regulated by the state. (Examples of service providers regulated by the state are insurance agents, professional engineers, doctors, certified public accountants, lawyers, etc.) Please check and initial the following if professional liability is NOT required for this agreement. Recommended ______ [Project Manager] Approved _______[Risk Manager] 71 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) VENDOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the VENDOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

W
aiver of Subrogation
VENDOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said VENDOR may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.

A
cceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

S
pecial Risks or Circumstances
CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

C
overage
It is a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.

V
ENDOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following completion of the project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the city at its sole discretion may purchase the coverage required and the cost shall be paid by VENDOR.

P
rimary and Non-Contributory Coverage
The Additional Insured coverage under the VENDOR’s policy shall be “primary and non-contributory” as will not seek contribution from the CITY insurance or self-insurance and shall be at least as broad as CG 20 01 04

12. 72

7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY before the CITY insurance or self -insurance shall be called upon to protect it as a named insured.

13. Subcontractors. VENDOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and Insurance requirements to the extent they apply to the scope of the Subcontractors’ work.

Subcontractors hired by VENDOR agree to be bound to VENDOR and CITY in the same manner and to the same extent as VENDOR is bound to CITY under the Contract documents. Subcontract shall agree to include these same provisions in any agreement with a sub- subcontractor.

VENDOR shall require all subcontractors to provide a valid certi ficate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the CITY.

S
ubcontractor shall agree to be bound to VENDOR and CITY in the same manner and to the same ex tent as VENDOR is bound to CITY under the Contract Documents. Subcontractor shall further agree to include the same requirements and provisions of this agreement, including the indemnity and Insurance requirements, with a Sub- subcontractor to the extent they apply to the scope of the Sub- subcontractors’ work. A copy of the CITY Contract Document Indemnity and Insurance provisions shall be furnished to the subcontractor upon request.

14. Workers’ C ompensation. VENDOR acknowledges and certifies awareness of the provisions of the Labor Code of the State of California 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 VENDOR certifies and agrees to compliance with such provisions before commencing the performance of the work of this agreement.

15. Non-Discrimination. The VENDOR hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Section 2000 (e)(17), to the end that VENDOR will not exclude any person from participation in, be denied the benefits of, or be otherwise subject to discrimination from any project, program, or activity supported by this Agreement, based on the grounds of race, color, national origin, sex, disability, age, or religion,. VENDOR shall comply with its EEO Certification (Form PW -7). In addition, VENDOR will not discriminate 73 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) against any employee or applicant for employment because of race, color, religion, sex or national origin. The VENDOR will take affirmative action to insure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The VENDOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101- 336) which prohibits discrimination on the basis of disability by public entities. The VENDOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

16. Notice. All notices required by this Agreement shall be given to the CITY and VENDOR in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention: City Manager
VENDOR: _____________________
Address
Phone
Attention: ______________

17. Non-Assignment. This Agreement is not assignable either in whole or in part.

18. Business Registration. VENDOR agrees to comply with Chapter 5.04 of the Municipal Code and pay all fees required to be paid.

19. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

20. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

21. Governing Law. This Agreement shall be governed by the laws of the State of Californi a and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the 74 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System) unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

22. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. If a party refuses or fails to participate in mediation in good faith prior to filing a lawsuit, then that party shall be barred from recovery of attorneys fees and costs of suit.

23. Conflict of Interest . VENDOR may serve other clients, but none who are active within the City of San Carlos or who conduct business that would place VENDOR in a "conflict of interest" as that term is defined in State law.

24. Entire Agreement . Each party acknowledges that this agreement, the exhibits hereto, and the documents incorporated by reference herein constitute the complete agreement and exclusive statement of the terms and conditions between the parties, which supercedes and merges all prior proposals, understandings and all other agreements, verbal and written, between the parties relating to the subject matter of this agreement. This agreement may not be modified or altered exc ept by written instrument duly executed by both parties.
[
SIGNATURE PAGE TO FOLLOW]
75 7.f.2
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Attachment: PrimeGov Proposal (Agenda and Meeting Management System)

CITY COUNCIL

STAFF REPORT

MEETING DATE: February 14, 2022

ITEM TITLE: Adopt Ordinance 1577 Amending Ordinance 1363 for the Planned Development (PD) Zoning District for the Property Located at 1129 Old County Road (APN: 046-171-150).

RECOMMENDATION:

Staff recommends that the City Council adopt Ordinance 1577 amending Ordinance 1363 for the Planned Development (“PD”) Zoning District located at 1129 Old County Road (APN: 046- 171-150).

FISCAL IMPLICATIONS:

There is no fiscal impact. All fees associated with the processing of this application have been paid by the applicant.

BACKGROUND:

Ordinance 1363, adopted in 2005, amended a previous ordinance and provided a Plan of Development for the construction of one retail building at 1129 Old County Road (subject site).

The Ordinance established development standards for compliance with the Planned Community Zoning Regulations. A conditional use permit and architectural review were required for the new building. The Planning Commission also approved a conditional use permit to permit a single tenant retail building for Pet Food Express. Since then, the building has been occupied by various animal services businesses including a pet food store, a dog washing business, and a pet vaccination site. The Steele Family 2014 Trust 1997 & Del Sarto Family Limited Partnership, as represented by Northgate Commercial Real Estate (“Applicant”), request s that the City amend the Planned Development -20 (PD-20) Zoning Ordinance 1363 to allow for a limited amount of additional commercial uses and to permit internal building division of space in order to allow smaller tenants.

December 20, 2021 Planning Commission Meeting
On December 20, 2021, the Planning Commission unanimously adopted Resolution PC2021-07 recommending that the City Council adopt an ordinance Amending 1363, to allow division of the commercial space as well as add additional uses that could occupy the space.

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2 January 24, 2022 City Council Meeting
On January 24, 2022, the City Council conducted a publ ic hearing and voted unanimously to introduce Ordinance 1577, which would allow for both additional commercial uses and the division of the space into multiple tenants.

Project Summary
The Plan of Development (building and site plans) approved by the City Council on September 26, 2005 would remain in effect and is not under consideration . The Applicant seeks to amend PD-20 to add a limited number of allowed commercial uses and to allow the internal division of the building to allow smaller tenants. The App licant would maintain the existing 5,300 s quare feet footprint and elevations and construct partitions to include additional commercial tenants .

Exhibit A to the Ordinance describes the uses allowed under the General Commercial/Industrial Zoning District and the uses proposed for inclusion by the Applicant (Attachment 1).

ANALYSIS:

The proposed amendments to the Planned Development are specifically related to allowing additional uses and creating more opportunities to increase the number of businesses located at 1129 Old County Road.

The Development Standards approved within Ordinance 1363 are shown below with the new language in underline and proposed text deletions in strikeout.

1. The structure on 1129 Old County Road shall be situated on the site in a ccordance with the Site Plan prepared by Vincent + Murphy Incorporated dated July 13, 2004 and submitted to the Planning Department on July 8, 2005.

2. All setbacks shall be in general compliance with the Plan of Development.

3. Height shall be limited to no mor e than 30 f eet. All air conditioning and other rooftop structures shall be properly screened to the satisfaction of the Planning Director . No air conditioning or other rooftop structures , including any materials used for screening purposes, shall be in excess of the stated height limit.

4. All structures shall receive and be constructed in accordance with architectural approval.

5. A minimum of 14% of the site shall be landscaped to the satisfaction of staff and the Architectural Review Committee.

6. Compliance shall be maintained with the Planned Community Zoning Regulations specified in the San Carlos Municipal Code. A Conditional Use Permit and Architectural Review shall be obtained for the structure prior to construction.

7. The signage for the business on the site shall not exceed 100 square feet on the north side of the building and 50 square feet on the south, east, and west sides of the building , unless otherwise permitted by the San Carlos Municipal Code.

8. The project shall maintain a minimum of 18 spaces on the parcel.

9. This project shall be subject to all Performance Standards of the Planned Manufacturing Zoning District.

10. Outdoor storage displays and sales shall be prohibited on site.

11. The Adult Entertainment zoning designation of the property shall be deleted.

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3 12. The proposed project shall be completely constructed no later than two years from the effective adoption date of the Plan of Development.

13. The division of space for use by multiple tenants is prohibited.

14. The requirements of the Ordinance shall govern only the 28,929 square foot portion of the site designated on the site plan noted above. The requirements of Ordinance Number 1133 and 1195 and the current Conditional Use Permit shall apply to the remainder of the site.

15. Compliance shall be maintained with all con ditions incorporated in the Conditional Use Permit approved by the Planning Commission on August 15, 2005.

16. Exhibit A of Attachment 1 prescribes the land use regulations for the Planned Development- 20 Zoning District . Use classifications are defined in the San Carlos Municipal Code. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not list ed in the table or not found to be substantially similar to the uses described therein are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the Additional Regulations column refer to other sections of the San Carlos Municipal Code.

Required Findings
The required findings are included as Exhibit B to the Ordinance (Attachment 1).

Environmental Review
This project is exempt from the provisions of the California Environmental Quality Act (CEQA) based on Section 15303 which exempts new construction or conversion of small structures.

Specifically, Section 15303 (c) states that “in urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive.”

ALTERNATIVES:

1. Adopt Ordinance 1577 amending Ordinance 1363 for the Planned Development Zoning District including offices as a Conditional Use; or

2. Do not adopt the Ordinance; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, AICP
Community Development Director

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4 Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Ordinance 1577 with Exhibit A: Proposed Land Use Table and Exhibit B: Findings for Adoption

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ORDINANCE NO 1577

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING ORDINANCE 1363 FOR THE PLANNED DEVELOPMENT ZONING DISTRICT FOR THE PROPERTY LOCATED AT 1129 OLD COUNTY ROAD (APN 046-171-150).

RECITALS

WHEREAS, by Ordinance 1363, adopted on September 26, 2005, the City Council amended the Zoning Map to designate 1129 Old County Road Planned Development (PD – 20) Zoning District and adopted the associated Plan of Development; and

WHEREAS, Northgate Commercial Re al Estate, on behalf of The Steele Family 2014 Trust 1997 & Del Sarto Family Limited Partnership, filed an application for an amendment to the Planned Development (PD) Zoning District; and

WHEREAS, the associated Plan of Development will be maintained; and

WHEREAS, the amendment to the Planned Development permits the division of space for use by multiple tenants and allows additional commercial uses expanding the City’s retail and tax base; and

WHEREAS, an analysis of the proposed revisions has been co nducted and it has been determined that subsequent analysis is not required under California Environmental Quality Act (CEQA) Guidelines Section 15303(c); and

WHEREAS, the Planning Commission conducted a duly noticed public hearing on December 20, 2021 and recommended approval of the proposed amended by a 4:0 vote; and

WHEREAS, the City Council conducted a duly noticed public hearing on January 24, 2022 and introduced Ordinance 1577 by a 5:0 vote; and

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Carlos as follows:

SECTION 1. The Development Standards of Ordinance 1363 is amended by adding text as show in underline (example) and deleting the text shown in strikeout (example) as identified below.

Development Standards

1. The structure on 1129 Old County Road shall be situated on the site in accordance with the Site Plan prepared by Vincent + Murphy Incorporated dated July 13, 2004 and submitted to the Planning Department on July 8, 2005.

2. All setbacks shall be in general compliance with the Plan of Development.

3. Height shall be limited to no more than 30 ft. All air conditioning and other roof top structures shall be properly screened to the satisfaction of the Planning Director No air conditioning or other roof top structures including any materials used for screening purposes shall be in excess of the stated height limit.

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Attachment: Ordinance 1577 with Exhibit A: Proposed Land Use Table and Exhibit B: Findings for Adoption (Adopt Ord Amending 1129 Old

4. All structures shall receive and be constructed in accordance with architectural approval.

5. A minimum of 14% of the site shall be landscaped to the satisfaction of Staff and the Architectural Review Committee.

6. Compliance shall be maintained with the Planned Community Zoning Regulations specified in the San Carlos Municipal Code . A Conditional Use Permit and Architectural Review shall be obtained for the structure prior to construction.

7. The signage for the business on the site shall not exceed 100 square feet on the North side of the building and 50 square feet on the South , East, and West sides of the building unless otherwise permitted by the San Carlos Municipal Code.

8. The project shall maintain a minimum of 18 spaces on the parcel.

9. This project shall be subject to all Performance Standards of the Planned Manufacturing Zoning District.

10. Outdoor storage displays and sales shall be prohibited on site.

11. The Adult Entertainment zoning designation of the property shall be deleted.

12. The proposed project shall be completely constructed no later than two (2) years from the effective adoption date of the Plan of Development.

13. The division of space for use by multiple tenants is prohibited

14. The requirements of the Ordinance shall govern only the 28 ,929 square foot portion of the site designated on the site plan noted above . The requirements of Ordinance Number 1133 and 1195 and the current Conditional Use Permit shall apply to the remainder of the site.

15. Compliance shall be maintained with all conditions incorporated in the Conditional Use Permit approved by the Planning Commission on August 15, 2005.

16. Land use regulations. Exhibit A prescribes the land use regulations for the Planned Development-20 Zoning District. Use classifications are defined in the San Carlos Municipal Code. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in Exhibit A or not found to be substantially similar to the uses described in Exhibit A are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the Additional Regulations column refer to other sections of the San Carlos Municipal Code.

SECTION 2. That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph , and section by section and does hereby declare that any provisions on this Ordinance are severable and if for any reason any sentence paragraph or section of this Ordinance shall be held invalid such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 3. This Ordinance shall be published and posted according to law and shall take effect and be in force from and after thirty (30) days after its passage and adoption.

* * * * *

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Attachment: Ordinance 1577 with Exhibit A: Proposed Land Use Table and Exhibit B: Findings for Adoption (Adopt Ord Amending 1129 Old I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was in troduced on the 24th day of January, 2022 and passed and adopted as an Ordinance of the City Council of the City of San Carlos at a regular meeting thereof held on the 14th day of February, 2022 by the following vote:

AYES COUNCILMEMBERS: ______________________________________________

NOES, COMMISSIONERS: ______________________________________________

ABSENT, COUNCILMEMBERS: ______________________________________________

_______________________________
CITY CLERK of the City of San Carlos
APPROVED:

________________________________
MAYOR of the City of San Carlos

Exhibits:

A: PD 20 Land Use Regulations
B: Findings for Adoption

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Attachment: Ordinance 1577 with Exhibit A: Proposed Land Use Table and Exhibit B: Findings for Adoption (Adopt Ord Amending 1129 Old EXHIBIT A to Ordinance 1577

PD-20 Land Use Regulations

Table 1 prescribes the land use regulations for the Planning Development-20 Zoning District for the site at 1129 Old County Road. The regulations are established by letter designations as follows:

“P” designates permitted uses.

“M” designates use classifications that are permitted after review and approval of a minor use permit by the Zoning Administrator.

“C” designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.

“(#)” numbers in parentheses refer to specific limitations listed at the end of the table.

“-” designates uses that are not permitted.

Use classifications are defined in the San Carlos Municipal Code. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed Table 1 or not found to be substantially similar to the uses described in Table 1 are prohibited.

The table also notes additional use regulations that apply to various uses. Section numbers in the Additional Regulations column refer to other sections of the San Carlos Municipal Code.

Table 1

Use Classification PD-20 Additional Regulations
Public and Semi-Public Uses
Colleges and Trade Schools, Public or
Private C
Government Offices C
Instructional Services M
Public Safety Facilities M
Commercial Uses
Animal Care, Sales and Services
Veterinary Services P
No grooming allowed per Ordinance 1363
Development Standard 15 (2005 Conditional Use
Permit)
Automobile/Vehicle Sales and Services
Automobile/Vehicle Sales and
Leasing - See Section 18.23.050, Automobile/vehicle sales and services
Automobile/Vehicle Washing -

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Attachment: Ordinance 1577 with Exhibit A: Proposed Land Use Table and Exhibit B: Findings for Adoption (Adopt Ord Amending 1129 Old Service Station -
Banks and Financial Institutions P
Business Services P
Commercial Entertainment and Recreation
Cinema/Theaters -
Large-Scale -
Small-Scale P
Eating and Drinking Establishments
Full Service P See Section 18.23.140, Outdoor dining
Convenience P
Food Preparation P
Lodging
Hotels and Motels -
Maintenance and Repair Services P
Nurseries and Garden Centers - See Section 18.23.270, Commercial cannabis businesses
Offices
Business and Professional -
Medical and Dental -
Walk-In Clientele -
Personal Services
General Personal Services P See Section 18.23.170, Personal services Retail Sales
Building Materials and Services -
Cannabis Dispensary -
Convenience Markets P
Food and Beverage Sales P
General Retail P
Large-Format Retail - See Section 18.23.130, Large-format retail Price Point Retail P
Second-Hand Store P
Retail Establishments Selling
Ammunition or Firearms - See Section 18.23.290, Retail establishments selling ammunition or firearms
Industrial Uses
Construction and Material Yards - See Section 18.23.160, Outdoor storage

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Attachment: Ordinance 1577 with Exhibit A: Proposed Land Use Table and Exhibit B: Findings for Adoption (Adopt Ord Amending 1129 Old Custom Manufacturing -
Industry, General - See Section 18.23.270, Commercial cannabis businesses
Industry, Limited -
Recycling Facility
Reverse Vending Machine - See Section 18.23.190, Recycling facilities Recycling Collection Facility -
Research and Development - See Section 18.23.270, Commercial cannabis businesses
Salvage and Wrecking - See Section 18.23.160, Outdoor storage Warehousing and Storage
Indoor Warehousing and Storage -
Outdoor Storage - See Section 18.23.160, Outdoor storage Wholesaling and Distribution - See Section 18.23.270, Commercial cannabis businesses
Cannabis Microbusiness - See Section 18.23.270, Commercial cannabis businesses
Transportation, Communication, and Utilities Uses
Communication Facilities
Antenna and Transmission Towers See Chapter 18.24, Wireless Telecommunications Facilities
Facilities within Buildings -
Freight/Truck Terminals and
Warehouses -
Light Fleet-Based Services -
Utilities, Major -
Utilities, Minor -
Other Applicable Types
Accessory Uses and Structures

See Sections 18.23.030, Accessory uses, and

18.15.020, Accessory buildings and structures
Nonconforming Use Chapter 18.19, Nonconforming Uses, Structures, and Lots
Temporary Use Chapter 18.31, Temporary Use Permits

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Attachment: Ordinance 1577 with Exhibit A: Proposed Land Use Table and Exhibit B: Findings for Adoption (Adopt Ord Amending 1129 Old Exhibit B to Ordinance 1577
Findings for Adoption

A. The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply.

Basis for finding: The project is supported by the following General Plan goals and policies:
 Goal LU-3: promote connectivity and provide retail and services within walking distance of home and employment centers.
 Goal LU-5: support and maintain land uses that contribute to a vibrant and resilient local economy and support the fiscal well-being of the City.
 Goal LU-6: strengthen the economic vitality of the East Side of the city by encouraging a diversity of commercial uses while protecting and preserving existing industrial uses.

B. The subject site is physically suitable for the type and intensity of the land use being proposed.

Basis for finding: There is adequate parking, circulation, and landscaping for the expanded land uses at the site. The building as designed is suitable for the proposed land uses at the site with minor interior modifications subject to compliance with adopted building codes.

C. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of PD plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare.

Basis for finding: The site was designed to accommodate retail uses. The expanded land uses for the site would not expand the need for transportation facilities or public services and the traffic levels would be similar. If office uses are allowed as a Conditional Use, there would be a similar parking demand and similar daily trip as retail uses, but would result in more peak hour trips. Through the Conditional Use Permit process, the specific land use for office will be evaluated to ensure no impacts.

D. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area.

Basis for finding: As noted above, the site was designed to accommodate retail uses and the expanded land uses would not have a substantial adverse effect on the surrounding land uses and would be compatible with the existing and planned land use character of the area.

E. The development generally complies with applicable adopted design guidelines.

Basis for finding: the site is governed by the Plan of Development plan. No exterior changes are proposed, only expanded land uses.

F. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

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Attachment: Ordinance 1577 with Exhibit A: Proposed Land Use Table and Exhibit B: Findings for Adoption (Adopt Ord Amending 1129 Old

1. Appropriateness of the use(s) at the proposed location.

2. The mix of uses, housing types, and housing price levels.

3. Provision of units affordable to persons and families of low and moderate income or to lower income households.

4. Provision of infrastructure improvements.

5. Provision of open space.

6. Compatibility of uses within the development area.

7. Creativity in design and use of land.

8. Quality of design, and adequacy of light and air to the interior spaces of the buildings.

9. Overall contribution to the enhancement of neighborhood character and the environment of San Carlos in the long term.

Basis for finding: The expanded land uses provide greater flexibility to lease the site and enhance the economic vitality of the area. The expanded lands uses are compatible with uses in the area. No changes are proposed to the exterior of the building or the site.

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Attachment: Ordinance 1577 with Exhibit A: Proposed Land Use Table and Exhibit B: Findings for Adoption (Adopt Ord Amending 1129 Old

CITY COUNCIL

STAFF REPORT

MEETING DATE: February 14, 2022

ITEM TITLE: Receive a Report on the Results of the Community Benefits Survey for the East Side Vision Plan Conducted by True North Research.

RECOMMENDATION:

Staff recommends that the City Co uncil receive a report on the results of the 2021 San Carlos Community Benefits Survey conducted by True North Research.

FISCAL IMPLICATIONS:

There are no fiscal impacts from receiving this report.

BACKGROUND:

The mission statement of the City of San C arlos is to provide high-quality services and facilities to its residents in an equitable, sustainable, transparent, responsive, and friendly manner to foster an inclusive, safe, and healthy community now and in the future. To ensure the City is accomplishing this mission, the City often conducts surveys to gauge whether the community feels the City is meeting the community’s needs and expectations.

As part of the recently approved East Side Innovation District (“District”) Vision Plan , a Community Benefits Framework (“Framework”) was developed to help identify how new projects in the District could achieve broader community and citywide goals such as traffic mitigation and mobility, affordable housing, environmental remediation, open space creation , and a mix of community-serving land uses. The intent of the Framework is to inform decision makers during negotiations with developers regarding which community-serving amenities, projects , and services should be included on a project site, project site adjacent, districtwide or citywide.

The 2021 San Carlos Community Benefits Survey (“Survey”) was conducted to build upon the District Vision Plan’s extensive community engagement and dialogue around community benefits and to further clarify and inform decision making and negotiations pertaining to community benefit priorities based on statistically reliable feedback from San Carlos residents.

The Survey is also intended to help p rovide the City Council and staff with guidance on how to make sound strategic and budget decisions that best serve our residents and businesses.

ANALYSIS:

The Survey is complete and the results are provided in a comprehensive report that is included

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2 as Attachment 1. The Survey was conducted by True North Resea rch, an experienced team who has conducted similar surveys for the City since 2012. This Survey was conducted during October 2021, both online and by telephone, and gathered feedback from 899 respondents.

The following summary provides insight into the amenities assigned the hig hest priority by residents:

 Downtown beautification and improvement
 Additional trails and walking paths
 Outdoor gathering spaces for community activities and events  Additional affordable housing

Second-tier priorities include:

 Childcare centers
 Community swimming pool
 Performing arts/community center
 Cafes and restaurants near new commercial buildings
 Athletic fields

ALTERNATIVES:

Options available to the City Council include:

1. Accept the results of the Survey; or

2. Do not accept the results of the Survey; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, AICP
Community Development Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. San Carlos Community Benefits Survey Report '21

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T ABLE OF C ONTENTS
Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i List of Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii List of Figures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Purpose of Survey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Overview of Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Organization of Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Disclaimer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 About True North . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Key Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Quality of Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Overall Quality of Life. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Question 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Ways to Improve Quality of Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Question 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Community Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Prioritizing Amenities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Question 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Additional High Priorities? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Question 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Background & Demographics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Questionnaire Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Programming & Pre-Test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Sample, Recruiting & Data Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Margin of Error Due to Sampling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Data Processing & Weighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Rounding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Questionnaire & Toplines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

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L IST OF T ABLES
Table 1 Community Priorities by Age (Showing % High Pr iority) . . . . . . . . . . . . . . . . . . . . . . 9 Table 2 Community Priorities by Ethnicity & Child in Hsld (Showing % High Priority) . . . . . . 9 Table 3 Community Priorities by Years in San Carl os (Showing % High Priority) . . . . . . . . . 10 Table 4 Community Priorities by Home Ownership Status, Perceived Quality of Life & Gender (Showing % High Priority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Table 5 Demographics of Sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

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L IST OF F IGURES
Figure 1 Map of East Side Innovation District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Figure 2 Quality of Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Figure 3 Quality of Life by Years in San Carlos, Child in Hsld & Home Ownership Status . . . . 5 Figure 4 Quality of Life by Age, Gender & Ethnicity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Figure 5 Changes to Improve City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Figure 6 Community Amenity Priorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Figure 7 Project, Improvement Not Mentioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Figure 8 Maximum Margin of Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

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Attachment: San Carlos Community Benefits Survey Report '21 (Community Benefits Survey for East Side Vision Plan) Introduction
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I NTRODUCTION
The City of San Carlos’ East Side has long served as a vital hub of innovation and discovery, and today is one of the few remaining industrial dist ricts on the Peninsula. Over the past decade, a subset of the City’s East Side consisting of approximately 150 acres of commercially zoned prop- erties, referred to as the East Side Innovation District (see Map in Figure 1), has began to witness substantial transformations and redevelopment. Al though single-story industrial buildings pre- dominate currently, the District’s strategic location and proximity to major transportation corri- dors has attracted biotechnology, life science, and high-tech companies interested in redeveloping the area for these uses, which require taller buildings and larger footprints.

The pace of redevelopment and proposed new projects in the District highlighted the need for an overarching framework that will help identify how future projects would inform one another and ultimately work together to achieve broader, city-wide goals with respect to traffic mitigation, open space creation, environmental remediation, community benefits, and a healthy mix of com- munity-serving land uses. The recently approved East Side Innovation District Vision Plan 1 pro-
vides this framework, allowing th e City to be proactive in planning future changes in land use, transportation, and economic development and en suring that proposed projects are evaluated based on the goals and principles set forth in the Plan. Importantly, the Vision Plan also includes a community benefits framework to guide decision makers during negotiations with developers regarding community-serving amenities that would either be placed onsite, offsite, realized through financial contributions, or a combination thereof.

FIGURE 1 MAP OF EAST SIDE INNOVATION DISTRICT

1. See East Side Innovation District Vision Plan, prepared by Perkins&Will for the City of San Carlos, approved October 25, 2021.

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. . . . . . . . . . . . . . . .

PURPOSE OF SURVEY The motivation for the current study was to help inform the City’s decisions and future negotiations as they pertain to community benefits by gathering statisti- cally reliable feedback from San Carlos residents regard ing the types of projects, services, and amenities they prioritize for the City’s future.

OVERVIEW OF METHODOLOGY A full description of the methodology used for this sur- vey is included later in this report (see Methodology on page 13). In brief, the survey was admin- istered to a random sample of 899 adults who reside within the City of San Carlos. The survey followed a mixed-method design that employed mu ltiple recruiting methods (email, text, and telephone) and multiple data collection me thods (phone and online). Administered between October 15 and October 30, 2021, the average interview lasted 7 minutes.

ORGANIZATION OF REPORT This report is designed to me et the needs of readers who prefer a summary of the findings as well as those who are interested in the details of the results.

For those who seek an overview of the findings, the section titled Key Findings is for you. It pro- vides a two-page summary of the most important factual findings of the survey. For the inter- ested reader, this section is followed by a more detailed question-by-question discussion of the results from the survey by topic area (see Table of Contents ), as well as a description of the methodology employed for collecting and analyz ing the data. And, for the truly ambitious reader, the questionnaire used for the interviews is contained at the back of this report (see Questionnaire & Toplines on page 16) and a co mplete set of crosstabulations for the survey results is contained in Appendix A.

ACKNOWLEDGEMENTS True North thanks the City of San Carlos for the opportunity to conduct the survey and for contributing valuable input during the design stage of this study. The collective experience, insight, and local knowledge provided by city representatives and staff improved the overall quality of the research presented here.

DISCLAIMER The statements and conclu sions in this report are those of the authors (Dr. Timothy McLarney and Richard Sarles) at True North Research, Inc. and not necessarily those of the City of San Carlos. Any errors and omissions are the responsibility of the authors.

ABOUT TRUE NORTH True North is a full-service survey research firm that is dedicated to providing public agencies with a clear understanding of the values, perceptions, priorities, and concerns of their residents and customers. Thro ugh designing and implementing scientific sur- veys, focus groups, and one-on-one interviews, as well as expert interpretation of the findings, True North helps its clients to move with confidence when making strategic decisions in a variety of areas such as planning, policy evaluation, performance management, establishing fiscal prior- ities, passing revenue measures, and developing effective public information campaigns. During their careers, Dr. McLarney (President) and Mr. Sarles (Principal Researcher) have designed and conducted over 1,000 survey research studies for public agencies—including more than 400 studies for California municipalities and special districts.

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K EY F INDINGS
Whereas subsequent sections of this report are devoted to conveying the detailed results of the survey, in this section we attempt to ‘see the forest through the trees’ and note how the survey results answer key questions that motivated the research.

How do residents view
the quality of life in San
Carlos, and does it vary
by subgroup?
San Carlos residents have a high opinion of the quality of life in the City, with more than nine-in-ten surveyed rating the overall quality of life in San Carlos as excellent (44%) or good (48%). Approximately 7% of respondents indicated the quality of li fe in the City is fair, whereas less than 2% used poor or very poor to describe the quality of life in the City.

Positive assessments of the quality of life in San Carlos were also wide- spread, with the percentage rating it as excellent or good exceeding 83% in all subgroups based on years of residence in San Carlos, presence of a child in the home, home ownership status, age, gender, and ethnicity.

When asked in an open-ended mann er to describe the one change that the city government could enact to improve the quality of life in San Car- los, the most common responses were limiting growth and development (14%), reducing traffic congestion (9%), adding/improving sidewalks and bike lanes (9%), providing affordable housing (9%), and improving park- ing/addressing parking issues (7%) . For more on this topic, see Quality of Life on page 5.

What amenities do resi-
dents prioritize for the
City’s future?
The East Side Innovation District Vision Plan includes a community bene- fits framework to guide decision makers during future negotiations with developers regarding community-serving amenities that would either be placed onsite, offsite, realized through financial contributions, or a com- bination thereof. Although property owners in the District are entitled to redevelop their properties, the pu rpose of the community benefits framework is to balance the effects of development by requiring devel- opers to pay for improvements, facilities, and amenities for the commu- nity's benefit.

The survey results provide clear direction as to the specific amenities residents prioritize for the City’s future. Among the dozen amenities tested, San Carlos residents assigned the highest priority to Downtown beautification and improvements such as landscaping, street trees, wider sidewalks, and plazas (72% high or medium priority), additional trails and walking paths (71%), outdoor gathering places for community activi- ties and events (69%), and additional affordable housing (59%).

Second-tier priorities included additional childcare centers (52%), a com- munity swimming pool (52%), a joint Performing Arts/Community Center (50%), additional cafes and restau rants near new commercial buildings (50%), and additional athletic fields (49%).

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When compared to the other amen ities tested, residents were less inclined to view a skate park (29%), artists’ studios and makerspaces (36%), and affordable meeting spaces for community groups (44%) as a high or medium priority for the City’s future. For more on this topic, see Prioritizing Amenities on page 8.

Do residents generally
agree on the amenities
that are needed most?
Here again, the survey found a striking degree of consistency across sub- groups of San Carlos residents. Ju st as they shared similar opinions about the high quality of life in th e City, respondents also shared the same priorities when it came to the types of amenities and improve- ments that are most needed in San Ca rlos regardless of how long they lived in the City, whether they own or rent their home, or their age, gen- der, or ethnicity. With few exceptions, Downtown beautification and improvements, additional affordable housing, additional trails and walk- ing paths, outdoor gathering spaces for community activities and events, and a community swimming pool were the top-rated amenities at the subgroup level when asked to identify high priorities.

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Q UALITY OF L IFE
The opening series of questions in the survey was designed to assess residents’ perceptions of the quality of life in San Carlos, as well as th eir ideas for what city government could do to improve the quality of life in the City, now and in the future.

OVERALL QUALITY OF LIFE Question 2 asked respondents to rate the overall quality of life in San Carlos using a five-point scale of excellent, good, fair, poor, or very poor. As shown in Figure 2 below, more than nine-in-ten residents shared favorable opinions of the quality of life in San Carlos, with 44% reporting it is excellent and 48% stating it is good. In total, 7% of residents indicated the quality of life in the City is fair, whereas less than 2% used poor or very poor to describe the quality of life in the City.

Question 2 How would you rate the overall quality of life in San Carlos? Would you say it is excellent, good, fair, poor or very poor?
FIGURE 2 QUALITY OF LIFE
Figures 3 and 4 show how ratings of the quality of
life in the City varied by years of residence in San
Carlos, presence of a child in the home, home own-
ership status, age, gender, and ethnicity. The most
striking pattern in the figures is the consistency of
opinions, with the percentage rating the quality of
life in the City as excellent or good exceeding 83% in
all subgroups. That said, it is also worth noting that
newer residents (less than 5 years), younger resi-
dents (under 35), and those identifying as other/
mixed ethnicity were the most likely to describe the
quality of life in the City as excellent.

FIGURE 3 QUALITY OF LIFE BY YEARS IN SAN CARLOS, CHILD IN HSLD & HOME OWNERSHIP STATUS Very poor

0.3 Not sure

0.2 Poor

1.3 Fair

6.8 Excellent

43.5 Good

47.9 Prefer not to
answer

0.1 43.4 43.4 41.9 45.3 43.8 39.7

46.0 46.7 50.8 46.5 48.3 49.7

39.341.0

49.7Excellent

51.1 46.3

50.0 53.6
Good

46.1 0
10 20
30 40
50 60
70 80
90 100
Less than 1 1 to 4 5 to 9 10 to 14 15 to 19 20 or more Yes No Own Rent Years in San Carlos (Q1) Child in Hsld (QD3) Home Ownership Status (QD4)
% Respondents

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FIGURE 4 QUALITY OF LIFE BY AGE, GENDER & ETHNICITY
WAYS TO IMPROVE QUALITY OF LIFE Respondents were next asked to indicate the one thing that city government could change to make San Carlos a better place to live, now and in the future. This question was asked in an open-ended manner, allowing respondents to men- tion any improvement that came to mind without being prompted by or restricted to a list of options. True North later reviewed the verbatim responses and grouped them into the categories shown below in Figure 5.

Question 3 If the city government could change one thing to make San Carlos a better place to live now and in the future, what change would you like to see? FIGURE 5 CHANGES TO IMPROVE CITY

42.0 45.1 45.9 42.2 44.8 38.9 43.5

54.0 47.3

50.0 44.1 51.7 39.0 51.4

49.9 38.1
Excellent

49.0 54.6

39.1 39.9
Good

40.4 48.453.8

38.2 0
10 20
30 40
50 60
70 80
90 100
18 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or older Male Female Latino / Hispanic
Asian
American
Caucasian /
White
Other /
Mixed
Age (QD2) Gender (QD1) Ethnicity (QD5)
% Respondents

13.7 11.8

8.7 8.6

8.5 7.3

6.4 6.3

6.1 3.9

3.7 2.8

2.5 2.5

2.4 2.0

2.0 1.9

1.8 1.8

1.8 1.7

2.9 5.9

1.6 05 1 0 1 5
Limit growth, development
Not sue / Cannot think of anything
Reduce traffic congestion
Add, improve sidewalks, bike lanes
Provide affordable housing
Improve, address parking issues
Improve shopping, dining options
Enforce traffic laws
No changes needed / Everything is fine
Keep Laurel St closed
Improve, maintain infrastructure
Improve schools, education
Add, improve parks, rec
Enforce codes, improve permitting
Provide special, cultural events
Improve City Council, Gov process, transparency
Improve public safety
Improve public transit
Provide more cultural diversity
Maintain small town feeling
Improve environmental efforts
Encourage growth, development
Add community pool
Improve police response, presence
Provide own police department
% Respondents

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Eighteen percent (18%) of respondents were either unsure of a change that would make San Car- los a better place to live (12%) or indicated th ey desired no changes from the City (6%)—both of which are indicative of a respondent who does no t perceive any pressing issues or problems in the City that can be addressed by local govern ment. Among specific changes mentioned, the most common were limiting growth and development (14%), reducing traffic congestion (9%), adding/improving sidewalks and bike lanes (9%), providing affordable housing (9%), and improv- ing parking/addressing parking issues (7%). Additional changes desired by at least 5% of respon- dents included improving local shopping and di ning opportunities (6%) , enforcing traffic laws (6%), and keeping Laurel Street closed to vehicle traffic (6%).

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C OMMUNITY B ENEFITS
As noted in the Introduction, the East Side Innovation District Vision Plan includes a community benefits framework to guide decision makers during future negotiations with developers regard- ing community-serving amenities that would eith er be placed onsite, offsite, realized through financial contributions, or a combination thereo f. Although the property owners are entitled to redevelop their properties, the pu rpose of the community benefits framework is to balance the effects of development by requiring developers to pay for improvements, facilities, and ameni- ties for the community's benefit.

PRIORITIZING AMENITIES To help inform the City’s future negotiations with respect to community benefits, the survey presented respondents with the list of amenities shown in Figure 6 and asked whether each should be a high priori ty, a medium priority, or low priority for the C i t y ’ s f u t u r e — o r i f t h e t h e y h a d n o i n t e r e s t i n h a v i n g t h e i t e m i n S a n C a r l o s . T o e n c o u r a g e respondents to prioritize among the amenities, they were informed that not all of the items can be high priorities.

Question 4 There are several large redevelopment projects proposed in San Carlos. Although the property owners are entitled to redevelop their properties, to balance the effects of develop- ment the City requires developers to pay for improvements, facilities, and amenities for the com- munity's benefit. The City would like to know how you would prioritize among potential improvements, facilities, and amenities. As I read the following items, I'd like to know whether you think the item should be a high, medium, or a low priority for the City's future. If you are not interested in having the item in San Carlos, just say so. Please keep in mind that not all items can be high priorities.

FIGURE 6 COMMUNITY AMENITY PRIORITIES

35.5 33.5

27.9 34.9

20.4 25.6

15.0 16.0

16.0 11.1

8.9 8.2

36.1 37.6

40.8 23.6

31.6 26.3

35.4 33.7

32.7 33.3

27.1 20.6
0 1 02 03 04 05 06 07 08 09 0 1 0 0
Downtown beautification, improvements such as landscaping, trees, wider sidewalks, plazas
Additional trails and walking paths
Outdoor gathering spaces for community activities and events Additional affordable housing
Additional childcare centers
A community swimming pool
A joint Performing Arts/Community Center
Additional cafes and restaurants near new commercial buildings Additional athletic fields
Affordable meeting spaces for community groups
Artists’ studios and makerspaces
A skate park
Q4lQ4aQ4kQ4jQ4cQ4gQ4dQ4bQ4hQ4eQ4iQ4f
% Respondents
High priority Medium priority

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Among the dozen amenities tested in Question 4, San Carlos residents assigned the highest pri- ority to Downtown beautification and improvement s such as landscaping, street trees, wider sidewalks, and plazas (72% high or medium priority), additional trails and walking paths (71%), outdoor gathering places for community activities and events (69%), and additional affordable housing (59%). Second-tier priorities included additional childcare centers (52%), a community swimming pool (52%), a joint Performing Arts/Community Center (50%), additional cafes and res- taurants near new commercial buildings (50%), and additional athletic fields (49%).

When compared to the other amenities tested, re sidents were less inclined to view a skate park (29%), artists’ studios and makerspaces (36%), and affordable meeting spaces for community groups (44%) as a high or medium priority for the City’s future.

Tables 1-4 show the percentage that rated each amenity a high priority for San Carlos’ future and how the ratings varied by age, ethnicity, presence of a child in the home, length of residence, home ownership, perceived quality of life in San Carlos, and gender. To ease comparisons, the five top-rated amenities in each subgroup are highlighted in green. The tables make it clear that San Carlos residents generally agree with respec t to the amenities that are most important for the City’s future. With few exceptions, Downto wn beautification and improvements, additional affordable housing, additional trails and walking paths, outdoor gathering spaces for community activities and events, and a co mmunity swimming pool were the top-rated amenities at the sub- group level.

TABLE 1 COMMUNITY PRIORITIES BY AGE (SHOWING % HIGH PRIORITY) TABLE 2 COMMUNITY PRIORITIES BY ETHNICITY & CHILD IN HSLD (SHOWING % HIGH PRIORITY) 18 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or older Downtown beautification, improvements 31.6 20.3 39.7 36.9 41.1 36.1 Additional affordable housing 66.5 62.4 29.4 34.7 29.9 21.9 Additional trails and walking paths 35.1 37.9 41.4 35.8 31.8 24.2 Outdoor gathering spaces for community activities and events 32.0 33.4 33.2 31.0 24.5 21.5 A community swimming pool 17.6 20.3 39.5 37.0 22.0 16.9 Additional childcare centers 38.6 33.1 23.4 16.2 14.2 14.8 Additional athletic fields 12.9 11.7 23.8 22.7 12.5 12.9 Additional cafes and restaurants near new commercial buildings 11.4 22.3 32.2 14.8 14.3 6.2 A joint Performing Arts/Community Center 23.9 13.7 12.1 17.5 17.5 12.1 Affordable meeting spaces for community groups 27.6 20.3 9.9 10.7 6.7 7.7 Artists’ studios and makerspaces 16.7 13.7 7.8 8.4 12.0 3.6 A skate park 11.6 13.7 12.1 12.2 5.7 1.8
Age (QD2)
Latino/
Hispanic
Asian
American
Caucasian
/White
Other/
Mixed Yes No
Downtown beautification, improvements 26.9 40.3 34.0 50.9 37.1 35.3 Additional affordable housing 56.2 27.9 34.9 45.6 29.6 39.9 Additional trails and walking paths 37.2 37.1 31.6 29.9 34.2 32.3 Outdoor gathering spaces for community activities and events 31.6 26.8 27.1 29.2 31.0 26.8 A community swimming pool 27.7 29.0 23.9 27.4 36.4 18.8 Additional childcare centers 15.4 15.7 22.2 28.2 24.7 18.0 Additional athletic fields 18.6 14.0 15.7 21.7 22.7 11.5 Additional cafes and restaurants near new commercial buildings 19.7 24.5 12.7 20.5 21.8 11.9 A joint Performing Arts/Community Center 21.7 12.9 14.4 12.9 14.8 15.0 Affordable meeting spaces for community groups 18.0 8.0 11.2 15.5 10.2 12.4 Artists’ studios and makerspaces 8.6 4.1 9.8 9.8 7.6 10.2 A skate park 16.5 6.0 8.1 4.5 10.8 7.0
Ethnicity (QD5) Child in Hsld (QD3)

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TABLE 3 COMMUNITY PRIORITIES BY YEARS IN SAN CARLOS (SHOWING % HIGH PRIORITY) TABLE 4 COMMUNITY PRIORITIES BY HOME OWNERSHIP STATUS, PERCEIVED QUALITY OF LIFE & GENDER (SHOWING %

HIGH PRIORITY)
ADDITIONAL HIGH PRIORITIES? Recognizing that the list of amenities tested in Ques- tion 4 was not exhaustive, Question 5 presented respondents with an open-ended opportunity to suggest a project or improvement not already mentioned in Question 4 that they think should be a high priority for San Carlos’ future. As shown in Figure 7 on the next page, most respondents (60%) indicted that no additional projects or amenities came to mind. The specific projects or improvements that were mentioned varied widely, with no single category exceeding 5%. Overall, the most common responses were maintaining exis ting infrastructure (5%), providing more rec- reation centers (4%), improving sidewalks and crosswalks (4%), enforcing traffic/parking laws (3%), providing more landscaping/trees (3%), imp roving restaurants and shopping areas (3%), providing/improving bike lanes/bike facilities (3%), and improving education/schools (3%).

Less than 1 1 to 4 5 to 9 10 to 14 15 to 19 20 or more
Downtown beautification, improvements 45.4 40.4 41.3 34.2 39.6 31.0 Additional affordable housing 53.0 49.7 32.9 37.0 39.9 28.0 Additional trails and walking paths 34.5 44.9 42.7 37.6 39.1 25.5 Outdoor gathering spaces for community activities and events 38.6 33.7 32.2 31.7 27.8 23.0 A community swimming pool 26.9 33.4 36.4 37.6 24.9 17.1 Additional childcare centers 31.9 24.6 20.6 18.4 17.0 19.4 Additional athletic fields 19.6 15.6 16.1 22.8 17.8 13.3 Additional cafes and restaurants near new commercial buildings 28.9 22.0 23.5 22.1 12.4 9.9 A joint Performing Arts/Community Center 22.7 21.8 15.5 15.0 10.9 13.4 Affordable meeting spaces for community groups 15.5 14.3 7.5 13.5 13.3 9.6 Artists’ studios and makerspaces 8.5 10.9 4.2 14.7 6.5 8.6 A skate park 21.5 9.9 5.4 7.6 10.2 6.9
Years in San Carlos (Q1)
Own Rent
Excellent,
good
Fair, poor,
very poor Male Female
Downtown beautification, improvements 37.8 29.5 36.6 24.8 37.4 34.1 Additional affordable housing 25.9 62.8 35.5 28.6 27.6 44.0 Additional trails and walking paths 31.9 37.7 34.9 19.7 27.2 38.6 Outdoor gathering spaces for community activities and events 25.4 36.1 28.6 20.1 26.8 28.4 A community swimming pool 26.4 23.9 26.2 20.0 22.4 29.2 Additional childcare centers 17.0 27.8 20.7 16.2 17.3 23.8 Additional athletic fields 16.2 15.4 16.2 14.0 16.2 15.7 Additional cafes and restaurants near new commercial buildings 16.7 12.8 16.3 12.5 16.0 15.7 A joint Performing Arts/Community Center 13.4 19.6 15.5 10.0 12.8 17.2 Affordable meeting spaces for community groups 7.9 17.7 11.5 7.4 7.4 15.0 Artists’ studios and makerspaces 7.0 12.6 9.2 5.3 7.7 10.3 A skate park 7.1 10.8 8.5 5.7 6.2 10.0
Home Ownership
Status (QD4)
Perceived Quality
of Life (Q2) Gender

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Question 5 Is there a project or improvement that I didn't already mention that you think should be a high priority for San Carlos' future?
FIGURE 7 PROJECT, IMPROVEMENT NOT MENTIONED

4.6 3.8

3.7 3.3

2.9 2.8

2.8 2.8

2.2 2.1

1.9 1.7

1.7 1.6

59.5 2.3

1.9 0 1 02 03 04 05 06 0
Not sure / Nothing comes to mind
M aintain existing infrastructure
Provide more rec centers
Improve sidewalks, crosswalks
Enforce traffic, parking laws
Provide more landscaping, trees
Improve restaurants, shopping areas
Provide, improve bike lanes, facilities
Improve education, schools
Provide more parking
Reduce traffic congestion
Limit growth, maintain open space
Provide public transportation
Improve safety, security, police patrols
Provide more affordable housing
Provide more dog parks, improve hours
Improve disaster preparedness efforts
% Respondents

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B ACKGROUND & D EMOGRAPHICS
TABLE 5 DEMOGRAPHICS OF SAMPLE
Table 5 presents the key dem ographic information col-
lected during the survey. Because of the probability-based sampling methodology used in this study (see Sample,
Recruiting & Data Collection on page 13) and weighting to match the latest Census ACS estimates, the distributions shown in the table are represen tative of adult residents in the City of San Carlos. In addition to keeping track of the sample profile, the backgrou nd and demographic informa- tion was collected to provide insight into how the results of the substantive questions of the survey vary by demo-
graphic characteristics (see Appendix A for more details).

Total Respondents 899
Years in San Carlos (Q1)
Less than 1 5.3
1 to 4 11.4
5 to 9 13.1
10 to 14 13.4
15 to 19 11.4
20 or more 45.2
Prefer not to answer 0.2
Gender (QD1)
Male 47.5
Female 48.6
Prefer not to answer 3.9
Age (QD2)
18 to 24 6.1
25 to 34 13.5
35 to 44 17.1
45 to 54 17.6
55 to 64 18.8
65 or older 22.0
Prefer not to answer 4.9
Child in Hsld (QD3)
Yes 38.0
No 57.5
Prefer not to answer 4.5
Home Ownership Status (QD4)
Own 74.1
Rent 20.7
Prefer not to answer 5.1
Ethnicity (QD5)
Latino / Hispanic 8.4
Asian American 15.1
Caucasian / White 63.8
Other / Mixed 6.0
Prefer not to answer 6.7

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M ETHODOLOGY
The following sections outline the methodology used in the study, as well as the motivation for using certain techniques.

QUESTIONNAIRE DEVELOPMENT Dr. McLarney of True North Research worked closely with the City of San Carlos to develop a questi onnaire that covered the topics of interest and avoided many possible sources of systematic measurement erro r, including position-order effects, wording effects, response-category effect s, scaling effects, and priming. Several ques- tions included multiple individual items. Because asking items in a set order can lead to a sys- tematic position bias in responses, the items were asked in a random order for each respondent.

PROGRAMMING & PRE-TEST Prior to fielding the survey, the questionnaire was CATI (Computer Assisted Telephone In terviewing) programmed to assist interviewers when conduct- ing the phone interviews. The CATI program auto matically navigates the skip patterns, random- izes the appropriate question items, and alerts interviewers to certain types of keypunching mistakes should they happen during the interview. The survey was also programmed into a pass- code-protected online survey application to allow online participation for sampled residents. The integrity of the questionnaire was pre-tested internally by True North and by dialing into random homes in the City of San Carlos prior to formally beginning the survey.

SAMPLE, RECRUITING & DATA COLLECTION A comprehensive database of San Car- los households was utilized for this study, ensuri ng that all households in San Carlos had the opportunity to be selected for the survey. Households were recruited to participate in the survey through multiple recruiting methods. Using a combination of email and text invitations, sampled residents were initially invited to participate in the survey online at a secure, passcode-protected website designed and hosted by True North. Each individual was assigned a unique passcode to ensure that only San Carlos residents could access the online survey site, and that the survey could be completed only one time per passcode. An email reminder notice was also sent to encourage participation among those who had ye t to take the survey. Following a period of online data collection, True North placed phone ca lls to land lines and cell numbers of sampled residents that had yet to participate in the onli ne survey or for whom only phone contact infor- mation was available.

Phone interviews averaged 7 minutes in length and were conducted during weekday evenings (5:30PM to 9PM) and on weekends (10AM to 5PM). It is standard practice not to call during the day on weekdays because most working adults are unavailable and thus calling during those hours would bias the sample. A total of 899 completed surveys were gathered online and by phone between October 15 and October 22, 2021.

MARGIN OF ERROR DUE TO SAMPLING The results of the survey can be used to esti- mate the opinions of all adult residents of the City. Because not every adult resident of the City participated in the survey, however, the results have what is known as a statistical margin of error due to sampling. The margin of error refers to the difference between what was found in the survey of 899 adult residents for a particular question and what would have been found if all of the estimated 22,685 adult residents
2 had been interviewed.

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. . . . . . . . . . . . . . . .

For example, in estimating the percentage of adults who consider the quality of life in San Carlos to be excellent or good (Question 2), the margin of error can be calculated if one knows the size of the population, the size of the sample, a de sired confidence level, and the distribution of responses to the question. The appropriate equation for estimating the margin of error, in this case, is shown below:
where is the proportion of adults who used excellent or good to describe the quality of life in the City (0.91 for 91% in this example), is the population size of all adults (22,685), is the sample size that received the question (899), and is the upper point for the t-distribution with degrees of freedom (1.96 for a 95% conf idence interval). Solving the equation using these values reveals a margin of error of ± 1. 74%. This means that with 91% of survey respon- dents indicating that they consider the quality of life in San Carlos to be excellent or good, we can be 95 percent confident th at the actual percentage of all adult residents in the City who would say their quality of life is excellent or good is between 89% and 93%.

FIGURE 8 MAXIMUM MARGIN OF ERROR
Figure 8 provides a plot of the maximum margin of error in this study. The maximum margin of error for a dichotomous percentage result occurs when the answers are evenly split such that 50% provide one response and 50% provide the alte rnative response (i.e., = 0.5). For this sur- vey, the maximum margin of error is ± 3.20% for questions answered by all 899 respondents.

Within this report, figures and tables show how responses to ce rtain questions varied by demo- graphic characteristics such as length of residence and age of the respondent. Figure 8 is thus useful for understanding how the maximum margin of error for a percentage estimate will grow as the number of individuals asked a question (or in a particular subgroup) shrinks. Because the

2. Source: U.S. Census Bureau, 2019 American Community Survey 5-Year Estimates. pˆ t Nn–
N-------------
 pˆ 1 pˆ–
n 1–--------------------
pˆ
N n
t  2
n 1–
Sample of 899
Adult Residents
± 3.20%
0%
2%
4%
6%
8%
10%
12%
14%
0 100 200 300 400 500 600 700 800 900 1000
Sample Size (Number of Respondents)
Margin of Error
pˆ

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margin of error grows exponentially as the sample size decreases, the reader should use caution when generalizing and interpreting the results for small subgroups.

DATA PROCESSING & WEIGHTING Data processing consisted of checking the data for errors or inconsistencies, coding and recoding responses, categorizing verbatim responses, and preparing frequency analyses and cross-tabulations. The final data were weighted to balance the final sample by age and ethnicity according to the latest Census ACS estimates.

ROUNDING Numbers that end in 0.5 or higher are rounded up to the nearest whole num- ber, whereas numbers that end in 0.4 or lower are rounded down to the nearest whole number.

These same rounding rules are also applied, when needed, to arrive at numbers that include a decimal place in constructing figures and tables. Occasionally, these rounding rules lead to small discrepancies in the first decimal place when co mparing tables and charts for a given question.

Due to rounding, some figures and narrative include numbers that sum to slightly more or less than 100%.

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City of San Carlos
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Q UESTIONNAIRE & T OPLINES

True North Research, Inc. © 2021 Page 1
City of San Carlos
East Side Vision Plan Survey ’21
Final Toplines (n=899)
October 26, 2021
Section 1: Introduction to Study
Hi, my name is _____ and I’m calling from TNR on behalf of the City of San Carlos. The City is conducting a short survey about important issues in San Carlos and we would like to get your opinions. The survey should take about 4 minutes to complete.

If needed: This is a short survey about community issues in San Carlos– I’m NOT trying to sell anything and I won’t ask for a donation.

If needed: If now is not a convenient time, can you let me know a better time so I can call back?

If the person says they are an elected official or is somehow associated with the survey, politely explain that this survey is designed to the measure the opinions of those not closely associated with the study, thank them for their time, and terminate the interview.

Section 2: Quality of Life
I’d like to begin by asking you a few questions about what it is like to live in the City of San Carlos.

Q1 To begin, how long have you lived in San Carlos?
1 Less than 1 year 5%
2 1 to 4 years 11%
3 5 to 9 years 13%
4 10 to 14 years 13%
5 15 to 19 years 11%
6 20 years or longer 45%
99 Prefer not to answer 0%
Q2 How would you rate the overall quality of life in San Carlos? Would you say it is excellent, good, fair, poor or very poor?
1 Excellent 44%
2 Good 48%
3 Fair 7%
4 Poor 1%
5 Very Poor 0%
98 Not sure 0%
99 Prefer not to answer 0%

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Q3
If the city government could change one thing to make San Carlos a better place to live now and in the future, what change would you like to see? Verbatim responses recorded and later grouped into categories shown below.

Limit growth, development 14%
Not sure / Cannot think of anything 12%
Add, improve sidewalks, bike lanes 9%
Reduce traffic congestion 9%
Provide affordable housing 8%
Improve, address parking issues 7%
Enforce traffic laws 6%
Improve shopping, dining options 6%
Keep Laurel St closed 6%
No changes needed / Everything is fine 6%
Improve, maintain infrastructure 4%
Improve schools, education 4%
Add, improve parks, rec 3%
Provide special, cultural events 3%
Enforce codes, improve permitting 3%
Improve public safety 2%
Improve public transit 2%
Maintain small town feeling 2%
Improve City Council, Gov process,
transparency 2%
Encourage growth, development 2%
Add community pool 2%
Provide own police department 2%
Improve police response, presence 2%
Improve environmental efforts 2%
Provide more cultural diversity 2%

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Section 3: Community Benefits
There are several large redevelopment projects proposed in San Carlos. Although the property owners are entitled to redevelop their properties, to balance the effects of development the City requires developers to pay for improvements, facilities, and amenities for the community’s benefit. The City would like to know how you would prioritize among potential improvements, facilities, and amenities.

Q4
As I read the following items, I’d like to know whether you think the item should be a high, medium, or a low priority for the City’s future. If you are not interested in having the item in San Carlos, just say so. Please keep in mind that not all items can be high priorities.

Here is the (first/next) one: _____. Should this item be a high, medium or low priority for the City’s future – or are you not interested in having this in San Carlos? Randomize
High Priority
Medium
Priority
Low Priority
Not
Interested
Not sure
Prefer not to
answer
A Additional trails and walking paths 34% 38% 21% 6% 2% 0% B Additional cafes and restaurants near new
commercial buildings 16% 34% 36% 11% 3% 0%
C Additional childcare centers 20% 32% 24% 16% 6% 2%
D A joint Performing Arts/Community Center 15% 35% 32% 14% 3% 1% E Affordable meeting spaces for community
groups 11% 33% 35% 16% 4% 1%
F A skate park 8% 21% 35% 32% 3% 1%
G A community swimming pool 26% 26% 27% 20% 2% 0%
H Additional athletic fields 16% 33% 32% 15% 4% 1%
I Artists’ studios and makerspaces 9% 27% 38% 20% 5% 1% J Additional affordable housing 35% 24% 20% 16% 4% 1%
K Outdoor gathering spaces for community
activities and events 28% 41% 24% 5% 2% 0%
L
Downtown beautification and
improvements such as landscaping, street
trees, wider sidewalks, and plazas
35% 36% 21% 6% 1% 0%
Q5
Is there a project or improvement that I didn’t already mention that you think should be a high priority for San Carlos’ future? If yes, ask: Please describe it to me. Verbatim responses recorded and later grouped into categories shown below.

Not sure / Nothing comes to mind 60%
Maintain existing infrastructure 5%
Provide more rec centers 4%
Improve sidewalks, crosswalks 4%
Improve education, schools 3%
Enforce traffic, parking laws 3%

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Provide, improve bike lanes, facilities 3%
Provide more landscaping, trees 3%
Improve restaurants, shopping areas 3%
Improve safety, security, police patrols 2%
Reduce traffic congestion 2%
Limit growth, maintain open space 2%
Provide more affordable housing 2%
Provide public transportation 2%
Improve disaster preparedness efforts 2%
Provide more dog parks, improve hours 2%
Provide more parking 2%

Section 4: Background & Demographics
Thank you so much for your participation. I have just a few background questions for statistical purposes.

D1 What is your gender?
1 Male 47%
2 Female 49%
3 Not listed 0%
99 Prefer not to answer 4%
D2 In what year were you born? Year of birth recoded into age categories shown below. 18 to 24 6%
25 to 24 14%
35 to 44 17%
45 to 54 18%
55 to 64 19%
65 or older 22%
Prefer not to answer 5%
D3 Do you have one or more children living in your household? 1 Yes 38%
2 No 57%
99 Prefer not to answer 5%

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D4 Do you own or rent your residence in San Carlos?
1 Own 74%
2 Rent 21%
99 Prefer not to answer 5%
Q6 What ethnic group do you consider yourself a part of or feel closest to? Read list if respondent hesitates
1 Latino/Hispanic 8%
2 Asian American -- Korean, Japanese,
Chinese, Vietnamese, Filipino or other
Asian
15%
3 Caucasian/White 64%
4 African-American/Black 2%
5 American Indian or Alaskan Native <1%
6 Pacific Islander <1%
7 Middle Eastern 2%
8 Mixed Heritage 2%
98 Other <1%
99 Prefer not to answer 7%
Those are all of the questions that I have for you! Thanks so much for participating in this important survey! This survey was conducted for the City of San Carlos

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CITY COUNCIL

STAFF REPORT

MEETING DATE: February 14, 2022

ITEM TITLE: Discuss Lobbyist Registration Ordinances and Provide Direction to Staff.

RECOMMENDATIONS:

Staff recommends that the Council receive a report on lobbyist registration ordinances and provide direction to staff.

FISCAL IMPLICATIONS:

There are no fiscal implications with receiving this report.

BACKGROUND:

At its August 23, 2021 meeting, the City Council requested a future agenda item to review options for local regulation of individuals or agencies who seek to influence municipal legislation or decisions in San Carlos. This issue arose when an application before the City Council included persons who were believed to work for a proponent of the matter under consideration but did not disclose their affiliation.

Several cities in California have varying ordinances regulating lobbyists who seek to influence local legislation and decisions including the cities of Oakland, San Francisco, San Jose, Berkeley, Santa Clara, Santa Rosa, Richmond , Milpitas, Santa Monica, Santa Clarita, and others.

Areas of Regulation
All of the ordinances of the cities listed above require registration and most require a fee and some reporting. Some city ordinances include regulations concerning registration, rep orting, gift limits or prohibitions, registration fees, and exemptions for nonprofits, professionals, and media organizations. A few require identification and exemptions for non -profits. Fewer still have their own gift limits or prohibitions, instead relying on the Fair Political Practices Commission gift limit (now $520 per year per gift provider).

Attached for the Council’s review are four ordinances that staff believes are representative of the different levels of regulation available and may be approp riate for San Carlos, if the Council decides to move forward with regulating individuals and agencies who seek to influence municipal legislation or decisions in San Carlos. These ordinances are from Richmond, Santa Clara, Sacramento, and Santa Clarita.

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2 More regulation will require more staff time from the City Clerk, the Finance Division and the Community Development Department to administer the program. The registration fee will be based on the cost of providing the program, or less, based on a fee study.

ALTERNATIVES:

The options available to the City Council include:

1. Provide staff with direction on drafting an ordinance and the preferred level of regulation; or

2. Do not provide direction to proceed.

Respectfully submitted by:

Greg Rubens,
City Attorney

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Richmond Lobbyist Code

2. Sacramento Lobbyist Code

3. Santa Clara Lobbyist Ordinance

4. Santa Clarita Lobbyist Code

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Chapter 2.54 - REGULATION OF LOBBYISTS

2.54.010 - Lobbyist dened.

The following persons are deemed to be lobbyists and shall be subject to the provisions of this chapter:

Any person, business entity or other organization, including an individual contract lobbyist, which contracts for economic consideration to communicate with any officer of the City of Richmond ("City") for the purpose of influencing local legislative or administrative action on behalf of any other person.

Any business or organization any of whose employees or members as a regular part of their duties or employment, communicate with any officer of the City for the purpose of influencing local legislative or administrative action on behalf of that business or organization. The requirements of this chapter shall not apply where employees or members indicate affiliation or identification with a business or organization, but do not represent the official position of the business or organization.

Any person who directly or indirectly expends $3,000 or more in any calendar year to influence local legislative or administrative action. Payments made to any person as consideration for communicating with an officer of the City for the purpose of influencing local legislative or administrative action shall not be included in calculating expenditures for the purposes of this subsection.

2.54.020 - Thresholds.

No person shall be deemed a lobbyist under Section 2.54.010 (1), unless that person receives or becomes entitled to receive at least $1,000 total compensation in any month or more than $3,000 in any calendar year for influencing local legislative or administrative action or has at least ten separate contacts for the purpose of influencing local administrative or legislative action within any two consecutive months.

No business or organization shall be deemed a lobbyist under Section 2.54.010(2) unless it compensates its employees or members for their lobbying activities on behalf of the business or organization, and the compensated employees or members have at least ten separate contacts with officers of the City for the purpose of influencing local legislative or administrative action within any two consecutive months.

Total compensation shall be calculated by combining all compensation received during the month from all clients for all lobbying activities on all targeted local legislative and administrative actions. Total number of contacts shall be calculated by combining all contacts made during the two-month period on behalf of all clients for all lobbying activities on all targeted local legislative and administrative actions.

2.54.030 - Exemptions.

The term lobbyist shall not include:

A public official acting in an official capacity;
A newspaper or other regularly published periodical, radio or television station (including any individual who owns, published or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes news items, editorials or other comments, or paid advertisements, which directly or indirectly urge action upon local legislative or administration action;

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Any communication by an attorney concerning the settlement of a claim or lawsuit involving the City and tha attorney's client;
A person invited by or on behalf of any officer of the City to confer, consult or give testimony in aid of the officer extending the invitation;
A person appearing with respect to local legislative or administrative action pursuant to a procedure established by State or Federal law, or pursuant to any procedure established by this chapter for levying an assessment against real property for the construction or maintenance of an improvement; A person applying for, opposing or otherwise taking any position on a grading permit or a permit relating to the construction, alteration, demolition or moving of a building or to a person filing, opposing or otherwise taking a position of a parcel map or subdivision tract map; provided, however, that if a person qualifies as a lobbyist and that person makes or opposes an appeal or represents a person making or opposing an appeal, pursuant to any procedure or authority provided by law from an administrative determination made with respect to such an application or map, that person shall be required to register as provided in Section 2.54.050 of this chapter upon making the appeal or filing opposition to it; A person employed by a lobbyist registered under this chapter to provide expert testimony before an officer of the City;
A Richmond neighborhood council, or any officer or member of a neighborhood council acting, in accordance with the bylaws of the neighborhood council and on behalf of the neighborhood council, on an issue or performing a task which the neighborhood council has authorized or endorsed by majority vote. To qualify for this exemption, a neighborhood council shall be duly organized with a majority of its members being residents of Richmond, have defined geographic boundaries, conduct regular meetings, keep written minutes, and have bylaws and a list of current officers on file with the City Clerk.

2.54.040 - Denitions.

Whenever used in this chapter, the following words and phrases shall be as defined in this section:
"Economic consideration" means reimbursement for expenses incurred. A person shall be deemed to be employed as a lobbyist whether consideration is paid specifically for activity regulated by this chapter or other activity as well.
"Communicate" means to communicate directly or through an agent, associate or employee, but shall not include (A) appearing as a witness in, or providing written statements which become a part of the record of a public hearing, so long as the lobbyist identifies the client or clients on whose behalf the lobbyist is speaking or writing; or (B) the distribution to any officer of the City of any regularly published newsletter or other periodical which is not primarily directed at influencing local legislative or administrative action.

A public hearing shall include any open noticed proceeding where public record is kept of who testified and who was represented by a lobbyist testifying at that hearing. "Officer of the City" means a member of the City Council, the Mayor, the City Manager, the City Attorney, a member of a board or commission, and any other City officer or employee whose duties are not primarily clerical or manual.
"Expend" means to pay, distribute, loan, advance, deposit or give money or anything of value, whether directly or indirectly, for the purpose of influencing local legislative or administrative action, and includes

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a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. "Local legislative or administrative action" means the drafting, introduction, consideration, modification, enactment, defeat, approval, veto, granting or denial by any officer of the City of any resolution, motion, appeal, application, petition, nomination, Article, amendment, approval, referral, permit, license or entitlement to use. Local legislative or administrative action does not include any action by any officer of the City which adjudicates the rights and/or duties of a single individual (or group of individual proceedings are consolidated) other than a proceeding described in Section 2.54.030(6) of this chapter. "Quarterly" or "quarter" or "calendar quarter" mean the annual calendar quarters of the year, namely, the time periods encompassed by January 1 — March 31, April 1 — June 30, July 1 — September 30, and October 1 — December 31, respectively. The term semiannual means two periods each year, the first comprising the first and second quarters, and the second comprising the third and fourth quarters. "Public official" as used in Section 2.54.030 of this chapter means an elected or appointed officer or employee or officially designated representative, whether compensated or not, of the United States or any of its agencies, the State of California, any political subdivision of the State, including cities, counties, districts, or any public body corporate and politic agency or commission. "Client" means the real party in interest for whose benefit the services are actually performed. The client of a lobbyist qualified under Section 2.54.010(2) of this chapter, shall be the business or organization; the client of a lobbyist qualified under Section 2.54.010(3) of this chapter shall be the individual. An individual member of an organization shall not be deemed to be a client solely by reason of the fact that such member is individually represented by an employee or agent of the organization as a regular part of such employee's or agent's duties with the organization and so long as such member does not pay an amount of money or other consideration for such representation in addition to the usual membership fees. "Activity expenses" means any expense incurred or payment made by a lobbyist or lobbyist's client, or arranged by a lobbyist or a lobbyist's client, which benefits in whole or in part any officer of the City, candidate for municipal office, or a member of the immediate family of one of these individuals. Activity expenses include gifts, honoraria, consulting fees, salaries, and any other form of economic compensation totaling more than $50 in value in a calendar month, but do not include political contributions.

Payments, when required to be reported under Section 2.54.070 of this chapter, shall be reported in $5,000 bracketed increments. For example, a computed amount of $3,172 shall be reported as "between $1 and $5,000," and a computed amount of $13,378 shall be reported as "between $10,001 and $15,000.

2.54.050 - Registration of lobbyists.

No lobbyist shall communicate with an officer of the City for the purpose of influencing local legislative or administrative action without first registering with the City Clerk. The City Clerk shall issue a registration number to each lobbyist and indicate thereon the expiration date of the registration, which shall be one year after the last day of the calendar quarter in which registration occurs.

At the time of registration or re-registration, each lobbyist shall pay an initial fee of $35 and an additional fee of $15 for each client identified by the lobbyist at said time. When a client is acquired subsequent to registration or re-registration, a $15 fee shall accompany the filing of the information required herein. The

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City Clerk shall waive these fees for any organization presenting proof of its tax exempt status under 26 U.S.C. 501(c)(3) or 501(c)(4).

In order to maintain an active registration, a lobbyist shall re-register between the first and last day of the month in which the registration expired.

2.54.060 - Registration of reports.

At the time of registration or re-registration, and between the first and 15th day of the first month of the first and third quarter so long as that person's registration continues, each lobbyist shall file with the City Clerk a report of:

The name, address and phone number of the lobbyist;
If the filer is a business or organization qualifying under Section 2.54.010(2) of this chapter, a specific description of the business or organization in sufficient detail to inform the reader of the name and purpose of the business or organization;
If the filer is an individual qualifying under Section 2.54.010(3) of this chapter, the name and address of the filer's employer, if any, or his or her principal place of business if the filer is self-employed, and a description of the business activity in which the filer or his or her employer is engaged; The name and address of each current client;
The proposed local legislative or administrative action the lobbyist is employed to support or oppose, and the client on whose behalf the lobbyist is employed for each proposed local legislative or administrative action;
The names of all individual communicating with any officer of the City on behalf of the lobbyist; and Any other information required by the City Clerk consistent with the purposes and provisions of this chapter.

The lobbyist shall also, within 30 days after initially registering or after first registering on behalf of a particular client, submit to the City Clerk a written authorization from each client by whom the lobbyist is employed to act in furtherance of such object, including the local legislative or administrative action the lobbyist has been employed to support or oppose. Client authorizations need not be resubmitted at the time of re-registering.

Should services be engaged or terminated by any client subsequent to registering or re-registering, the same information with respect to that client shall be filed by the lobbyist before acting on behalf of that client and no later than 15 days after the change in status. A person who ceases all activity as a lobbyist may notify the City Clerk of that fact and, upon reporting the information required by subsection (a) of this section, occurring since the lobbyist's last semiannual statement or since the commencement of the subject employment, whichever is applicable, shall be relieved of the obligation of making future reports required by this chapter until again acting as a lobbyist.

2.54.070 - Activity reports.

At the time of registration or re-registration, and between the first and 15th day of the first and third calendar quarter so long as that person's registration continues, each lobbyist shall file with the City Clerk a detailed report of:

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All activity expenses incurred by the lobbyist firm during the preceding two quarters, including the following information:

The date and amount of each activity expense;
The full name and official position, if any, of the beneficiary of each expense, a description of the benefit, and the amount of the benefit;
The full name of the payee of each expense if other than the beneficiary; A report of all political contributions of $100 or more made by the lobbyist during the preceding two quarters to an officer of the City, a candidate for such office, a committee controlled by such officer or candidate, or a committee primarily formed to support such officer or candidate, or any committee primarily formed to oppose a candidate for City office. This report shall include all political contributions arranged by the lobbyist, or for which the lobbyist acted as an agent or intermediary.

With respect to lobbyists as defined in Section 2.54.010(1) of this chapter:

The full name, business address and telephone number of each client, a description of the specific local legislative or administrative action regarding which the lobbyist communicated with any officer of the City on behalf of that client, and the total payments, including fees and the reimbursement of expenses, received from that client for such communication on behalf of the client; and The total amount of payments received from all clients for such communications.

With respect to lobbyists as defined in Section 2.54.010(2) of this chapter:

A description of the specific local legislative or administrative action regarding which an employee or member of the lobbyist communicated with any officer of the City on behalf of the lobbyist; Payments to influence local legislative or administrative action, specifically, payments for or in connection with:

Support or assistance of lobbyists,
Direct communications with a City officer for the primary purpose of influencing local legislative or administrative action,
Soliciting or urging persons other than the filer or the filer's employees to enter into communications with a City officer for the primary purpose of influencing local legislative or administrative action.

With respect to lobbyists as defined in Section 2.54.010(3) of this chapter:

Any payment to a lobbyist as defined in Section 2.54.010(1) of this chapter for communicating with any City officer for the primary purpose of influencing local legislative or administrative action; and Payments to influence local legislative or administration action, specifically, payments for or in connection with:

Support or assistance of lobbyists,
Direct communications with a City officer for the primary purpose of influencing local legislative or administrative action, in which case a description of the specific local legislative or administrative action that is the subject of the communication shall be included, Soliciting or urging persons other than the filer or the filer's employees to enter into

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communications with a City officer for the primary purpose of influencing local legislative or administrative action that is the subject of the proposed communication shall be included.

As used in subsections (4)(B) and (5)(B) of this section, payments to influence local legislative or administrative action shall not include payments for either of the following:

Compensation or other payments for services which are solely secretarial, clerical, or manual, or are limited solely to the compilation of data and statistics; or Except for payments to lobbyists and to employees who perform services other than those described in subsection (6)(A) of this section, the costs of any regular, ongoing business overhead which would continue to be incurred in substantially similar amounts regardless of the filer's activities to influence local legislative or administrative action.

Any other information required by the City Clerk consistent with the purposes and provisions of this chapter.

2.54.080 - Obligations of lobbyists.

Any person who qualifies as a lobbyist under Section 2.54.010 of this chapter shall have the following obligations:

Not to act as a lobbyist unless registered pursuant to this chapter, and not to accept any economic consideration for acting as a lobbyist except upon condition that the lobbyist forthwith register in accordance with this chapter;
Not to cause or influence the introduction or initiation of any local legislative or administrative action for the purpose of thereafter being employed to secure its granting, denial, confirmation, rejection, passage or defeat;
Not to communicate with any officer of the City in the name of any fictitious person or in the name of any real person, except with the consent of such real person; To retain all books, papers and documents necessary to substantiate the financial reports required to be made under this chapter for a period of five years.

A lobbyist shall not attempt to evade these obligations through indirect efforts or through the use of agents, associates or employees.

2.54.090 - Employment of City ocers or employees.

If any lobbyist employs or requests, recommends or causes such lobbyist's client to employ, and such client does employ, any officer of the City, or any person known by such lobbyist to be a full-time employee of the City, in any capacity whatsoever, the lobbyist shall file within 10 days after such employment a statement with the City Clerk setting out the nature of the employment, the name of the person to be paid thereunder, the amount of pay or consideration to be paid thereunder and the date first employed.

2.54.100 - Employment of unregistered persons.

It is unlawful knowingly to pay any person to communicate with any officer of the City for the purpose of influencing local legislative or administrative action, if said person is required to register under this chapter and has not done so.

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(a)
(b)
(c)
(d)
(e)
(f)
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(a)
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(c)

2.54.110 - Filing under penalty of perjury.

All information required under this chapter shall be filed with the City Clerk, on forms provided by the City Clerk. The individual filing shall swear to the accuracy and completeness of the information under penalty of perjury.

2.54.120 - Powers and duties of the City Clerk.

The City Clerk shall issue a notice of registration required upon the written request of any officer of the City.

Any person who in good faith and on reasonable grounds believes that compliance with this chapter is not required by reason of being exempt under this Section 2.54.020 or 2.54.030 shall not be deemed to have violated this chapter if, within 15 days after notice from the City Clerk that person either complies or furnish satisfactory evidence to the City Clerk evidencing that said person is exempt from registration.

The information provided in registration and activity reports filed pursuant to this chapter shall be compiled by the City Clerk as soon as practicable after the close of each quarter with respect to which such information is filed and shall be forwarded to the City Council.

In January of each year, the City Clerk shall file a report with the City Council on the implementation of this chapter.

All reports and statements filed with the City Clerk under this chapter shall be preserved by the City Clerk for a period of five years from the date of filing. Such reports and statements shall constitute a part of the public records of the City Clerk's Office and shall be open to public inspection.

The City Clerk shall have the power to adopt all reasonable and necessary rules and regulations for the implementation of this chapter.

To assist in the interpretation and implementation of this chapter, the City Clerk shall prepare and make available a "Lobbyist Manual" which shall, in its initial form (except as required to conform to differences between this chapter and San Francisco Administrative Code Article XIIA, Sections 16.520 to 16.532), be similar to and utilize the same interpretations and reporting forms as found in the "City and County of San Francisco Lobbyist Manual dated May 29, 1996."
The first period for which registration and filing of reports shall be required shall be the second quarter of 1997, beginning April 1, 1997. Although lobbyists may register prior to April 1, 1997, registration shall not be required until the end of the first reporting period; thereafter it shall be required as stated in Section

2.54.050 of this chapter.

2.54.130 - Violations.

Any person who knowingly violates any provision of this chapter is liable in a civil action brought by the City Attorney for an amount up to $1,000 per violation.

Should two or more persons be responsible for any violation under this chapter, they shall be jointly and severally liable.

If any person files an original statement or report after any deadline imposed by this chapter, he or she shall, in addition to any other penalties or remedies established in this section, be liable in an amount of $10 per day after the deadline until the statement or report is filed, to the City Clerk. Liability need not be enforced if

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on an impartial basis the City Attorney determines that the late filing was not willful and that enforcement of the liability will not further the purposes of this chapter. The City Clerk shall deposit any funds received under this section into the general fund of the City.

The City Attorney may also bring an action to revoke for up to one year at the registration of any lobbyist who has knowingly violated this chapter.

2.54.140 - Limitation of actions.

No civil action alleging a violation of this chapter, as provided in Section 2.54.130 of this chapter, shall be filed more than four years after the date the violation occurred.

2.54.150 - Severability.

If any section, subsection, subdivision, sentence, clause, phrase or portion of this chapter, or the application thereof to any person, is for any reason held be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application of other persons. The City Council declares that it would have adopted this chapter, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions, or the application thereof to any person, to be declared invalid or unconstitutional.
(Source: Ordinance No. 1-97 N.S.)

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Attachment: Richmond Lobbyist Code (Lobbyist Registration) 2/10/22, 11:25 AM Chapter 2.15 THE CITY OF SACRAMENTO LOBBYIST REGISTRATION AND REPORTING CODE https://www.qcode.us/codes/sacramento/view.php?topic=2-2_15&showAll=1&frames=on 1/6 Sacramento City Code
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Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.15 THE CITY OF SACRAMENTO LOBBYIST REGISTRATION AND REPORTING CODE Article I. Findings and Purpose

2.15.010 Title.

This chapter shall be known as the city of Sacramento Lobbyist Registration and Reporting Code, hereafter “the lobbyist code.” (Ord. 2003-034 § 1)

2.15.020 Findings and declarations.

The city council of the city of Sacramento finds and declares as follows:

A. The people of Sacramento have the need and right to know the identity of lobbyists who attempt to influence the decisions of city government and the means employed by them to advance their interests; and B. Full disclosure of lobbying activities of such persons and the identity of their employers, will contribute to public confidence in the integrity of local government; and C. Full disclosure is also necessary to ensure that city officials are kept informed about the identity of persons whose interests the lobbyists represent. (Ord. 2003-034 § 1)

2.15.030 Purpose.

The purpose of this chapter is to maintain a fair and open decision-making process in city government and to ensure that the public and city officials have full knowledge of lobbying activities that have been brought to bear on any legislative or administrative action. (Ord. 2003-034 § 1)

Article II. Interpretation and Definitions

2.15.040 Interpretation.

Unless the term is specifically defined in this lobbyist code or the contrary is stated or clearly appears from the context, the definitions set forth in Government Code Sections 81000, et seq., shall govern the interpretation of this chapter. Any term herein expressed in the plural may also apply to the singular. (Ord. 2003-034 § 1)

2.15.050 Definitions.

The following definitions apply in this chapter:
“Activity expense” means any payment made by a lobbyist to or directly benefiting any city official, city official-elect or member of their immediate family. Activity expenses include gifts, honoraria, consulting fees, salaries and any other form of compensation, but do not include campaign contributions. “Administrative action” means the proposal, drafting, development, consideration, advocacy, or recommendation of any rule, regulation, agreement or contract, permit, license or hiring action. “City official” means any person who participates in the consideration of any legislative or administrative action other than in a purely clerical, secretarial, or ministerial capacity. City official includes the mayor and mayor-elect; any councilmember and councilmember-elect; any member of a city board, committee, or commission; any city employee; any city representative to any joint powers authority to which the city is a party; and any consultant to the city.

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Attachment: Sacramento Lobbyist Code (Lobbyist Registration) 2/10/22, 11:25 AM Chapter 2.15 THE CITY OF SACRAMENTO LOBBYIST REGISTRATION AND REPORTING CODE https://www.qcode.us/codes/sacramento/view.php?topic=2-2_15&showAll=1&frames=on 2/6 “Consultant” means an individual who, pursuant to a contract with the city:

A. Makes a governmental decision whether to:

1. Approve a rate, rule, or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the city to enter into, modify, or renew a contract provided it is the type of contract which requires city approval;

5. Grant city approval to a contract which requires city approval and in which the city is a party or to the specifications or scope of work for such a contract;

6. Grant city approval to a plan, design, report, study or similar item;

7. Adopt or grant city approval of policies, standards or guidelines for the city, or for any subdivision thereof.

B. Serves in a staff capacity with the city and in that capacity performs the same or substantially all the same duties for the city that would otherwise be performed by an individual holding a position specified in the city’s conflict of interest code.
“Client” means a person who is represented by a lobbyist. “Compensation” means, but is not limited to, money of any denomination or origin; goods or services or anything of value, delivered, or rendered; or promises to perform or provide services or contractual arrangements or awards.
“Gift” means gift as defined in the California Political Reform Act, Government Code section § 81000, et seq., as amended from time to time.
“Influence” or “influencing” means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a city of Sacramento official or official-elect, by any means, including, but not limited to, providing or using persuasion, information, incentives, statistics, studies or analyses; excepted from this definition is communication made as a part of a noticed governmental public meeting. “Legislative action” means the drafting, introduction, consideration, modification, enactment or defeat of any motion, resolution, ordinance, amendment thereto, report, nomination, or other action of the mayor, city council, any committee of the city council, any entity for which the city council is the governing body, any joint powers authority of which the city is a party, or any city board, commission, or committee. “Lobbying” is the influencing or attempting to influence a legislative or administrative action of the city of Sacramento.
“Lobbyist”, unless exempt under subsection D hereunder, means:

A. Contract Lobbyist. A person who engages in lobbying on behalf of one or more clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for compensation of $3,200 or more for engaging in lobbying during any consecutive three- month period.

B. Business or Organization Lobbyist. Any business or organization, whose owners, officers, or employees carry out lobbying on its behalf, in an aggregate amount of 100 hours or more within any three- month period, whether or not such officers or employees are specifically compensated to engage in lobbying; provided that the activities of officers shall be considered lobbying only if those officers receive compensation by the business or organization beyond reimbursement for their reasonable, travel, meals or incidental expenses; or
C. Expenditure Lobbyist. A person who makes payments or incurs expenditures of $5,000 or more during any calendar year in connection with carrying out public relations, advertising or similar activities with the intent

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Attachment: Sacramento Lobbyist Code (Lobbyist Registration) 2/10/22, 11:25 AM Chapter 2.15 THE CITY OF SACRAMENTO LOBBYIST REGISTRATION AND REPORTING CODE https://www.qcode.us/codes/sacramento/view.php?topic=2-2_15&showAll=1&frames=on 3/6 of soliciting or urging, directly or indirectly, other persons to communicate directly with any city official in order to attempt to influence legislative or administrative action. The $5,000 threshold does not include:

1. Compensation paid to contract lobbyists or employees for lobbying; or

2. Dues payments, donations, or other economic consideration paid to an organization, regardless of whether the dues payments, donations or other economic consideration are used in whole or in part to lobby.

D. Exemptions to “lobbyist” are:

1. Any public official acting in their official capacity or acting within the scope of their employment or appointment;

2. The media, when limiting its action to the ordinary course of news gathering or editorial activity, as carried out by members of the press. “Media” means newspapers or any other published periodical, radio or television station or network or information published on the Internet. This exemption also applies to neighborhood newsletters, flyers, or gazettes;

3. Persons reimbursed for only their reasonable travel, meals or incidental expenses, including but not limited to, uncompensated members or directors of non- profit organizations such as chambers of commerce;

4. Persons whose communications regarding any legislative or administrative action are limited to appearing or submitting testimony at any public meeting held by the city or any of its agencies, offices, or departments, as long as the communications are public records available for public review. Notwithstanding the foregoing, persons who otherwise qualify as lobbyists must register and disclose their lobbying activities directed toward city officials, in the same manner and to the same extent such registration and disclosure is required of all other lobbyists;

5. Persons submitting bids or responding to requests for proposals, provided the provision of such information is limited to direct conversation or correspondence with the official or department specifically designated to receive such information;

6. Persons providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request provided that the request and response thereto are public records available for public review;

7. Persons whose communications relate to:
a. The establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or a memorandum of understanding between the city and a recognized employee association.
b. Management decisions as to the working conditions of represented employees that clearly relate to the terms of a collective bargaining agreement or memorandum of understanding between the city and a recognized employee association.
c. Proceedings before the City of Sacramento Civil Service Board. “Organization” means any person that is not an individual.
“Person” means any individual, domestic or foreign corporation, for-profit or non- profit entity, firm, association, syndicate, union, chamber of commerce, joint-stock company, partnership of any kind, limited liability company, common-law trust, society, or any other group of persons acting in concert. (Ord. 2021-0001 § 1; Ord. 2003-034 § 1)

Article III. Registration of Lobbyists

2.15.060 Registration.

Lobbyists shall register with the city clerk within 15 calendar days after qualifying as a lobbyist under section 2.15.050. (Ord. 2021-0001 § 2; Ord. 2003-034 § 1)

2.15.070 Annual registration renewal.

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Attachment: Sacramento Lobbyist Code (Lobbyist Registration) 2/10/22, 11:25 AM Chapter 2.15 THE CITY OF SACRAMENTO LOBBYIST REGISTRATION AND REPORTING CODE https://www.qcode.us/codes/sacramento/view.php?topic=2-2_15&showAll=1&frames=on 4/6 A lobbyist shall renew their registration by January 15 of each year unless they have terminated their status as a lobbyist pursuant to section 2.15.080 by such date. (Ord. 2021-0001 § 3; Ord. 2003-034 § 1)

2.15.080 Termination of lobbyist status.

After initial registration, annual registration renewals and quarterly registration reports are not required if a termination report attesting to the termination of lobbying services within the city has been filed with the city clerk. (Ord. 2021-0001 § 4; Ord. 2003-034 § 1)

2.15.090 Active status.

All registrations, renewals and terminations will be deemed filed on the date received by the city clerk. A lobbyist shall be deemed active for the duration of the year of registration ending December 31, unless a declaration attesting to termination of lobbying services within the city is filed. (Ord. 2003-034 § 1)

2.15.100 Penalty for failing to register or report.

Any person subject to the registration and reporting requirements of this chapter who fails to register or report is subject to a non-registration or late-reporting penalty of $25 per day, up to a maximum of $500, from the date of written notification of non-compliance until the date of compliance. (Ord. 2021-0001 § 5; Ord. 2003- 034 § 1)

2.15.110 Required registration information.

Registration statements shall contain the information set forth in Section 2.15.120. (Ord. 2003-034 § 1)

Article IV. Disclosure of Lobbying Activities

2.15.120 Disclosure.

The initial registration shall contain the name, primary contact, business address, telephone number, and email address of all persons required to register pursuant to this chapter, including the names of all owners of sole proprietorships and partnerships of fewer than 10 persons. If the registrant is a corporation, it shall also include the names of the president, secretary, chief financial officer, and agent for service of process, if any.

Any business or organization registering under this chapter shall also briefly describe the nature of its business or organization. In addition to this information, the report shall contain the following:

A. Contract Lobbyist. The name, business address, telephone number, and email address of each client, the nature of each client’s business and the item of legislative or administrative action the lobbyist is seeking to influence on behalf of the client; and the name of each person employed or retained by the lobbyist to lobby on behalf of each client.

B. Business or Organization Lobbyist. The names of owners, officers or employees conducting lobbying activities and the item of legislative or administrative action the lobbyist is seeking to influence.

C. Expenditure Lobbyists. The item of legislative or administrative action the lobbyist is seeking to influence.

D. All campaign contributions by a lobbyist or a client at the lobbyist’s behest, to any city official, identified by name and by office, to a controlled committee, office holder’s fund or legal expense fund, given personally or through an intermediary, totaling $100 or more, made during the calendar quarter.

E. Payment received by the reporting lobbyist for services as a consultant or in any other capacity for services rendered to a city agency, any city official or their controlled committees, any officeholder committee, or ballot measure committee. The dates of payment and name of each payer shall be included.

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Attachment: Sacramento Lobbyist Code (Lobbyist Registration) 2/10/22, 11:25 AM Chapter 2.15 THE CITY OF SACRAMENTO LOBBYIST REGISTRATION AND REPORTING CODE https://www.qcode.us/codes/sacramento/view.php?topic=2-2_15&showAll=1&frames=on 5/6 F. The name, address, title, telephone number, and email address of the person responsible for preparing the report, together with that individual’s signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted. (Ord. 2021-0001 § 6; Ord. 2003-034 § 1)

2.15.130 Subsequent disclosures.

For each calendar quarter following the quarter in which the lobbyist was required to register, the lobbyist must file a quarterly report with the city clerk not later than 15 calendar days after the end of the qualifying quarter whether or not any lobbying activities have occurred during such period. Reporting must be completed electronically according to the process established by the city clerk. Each quarterly report shall contain the same information as required to be disclosed in the initial registration, for those activities occurring in that quarter. If a lobbyist has terminated all lobbying activities during such quarter, the lobbyist may file a declaration of termination with the quarterly report. The final quarterly report shall include disclosure of any lobbying activities during the quarter of termination. (Ord. 2021-0001 § 7; Ord. 2003-034 § 1)

2.15.140 Quarterly reports.

Quarterly reports are to be filed by April 15, July 15, October 15, and January 15, for the prior calendar quarter, and are delinquent thereafter. Reporting must be completed electronically according to the process established by the city clerk. (Ord. 2021-0001 § 8; Ord. 2003-034 § 1)

2.15.150 Records retention.

Copies of the records pertaining to the above-required reports shall be preserved by the lobbyist for inspection and audit for a period of four years from date of production. (Ord. 2003-034 § 1)

2.15.160 Lobbyist identification.

When appearing in a lobbying capacity at a public meeting of the city council or other city board, commission, or committee, a contract lobbyist shall identify themselves and the client on whose behalf they are appearing, and a business or organization lobbyist shall identify themselves and the business or organization they represent. (Ord. 2021-0001 § 9; Ord. 2003-034 § 1)

Article V. Prohibitions

2.15.170 Prohibitions.

It shall be unlawful for any lobbyist to commit any one of the following acts:

A. Deception. Deceiving or attempting to deceive any city official with regard to any material fact pertaining to any pending or proposed legislative or administrative action.

B. Unauthorized Communications. Sending or causing any communication to be sent to any city official in the name of any non-existent person or in the name of an existing person without the express or implied consent of such person.

C. Fictitious Persons. Contacting any officer of the city in the name of any non-existent person or in the name of any existing person, except with the consent of such existing person.

D. Indirect Violations. Attempting to evade the requirements of this ordinance through indirect efforts or through the use of agents, associates, intermediaries or employees.

E. Creation of Obligations. Performing or sponsoring any act with the purpose and intent of placing any city official under personal obligation to the lobbyist. (Ord. 2003-034 § 1)

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Attachment: Sacramento Lobbyist Code (Lobbyist Registration) 2/10/22, 11:25 AM Chapter 2.15 THE CITY OF SACRAMENTO LOBBYIST REGISTRATION AND REPORTING CODE https://www.qcode.us/codes/sacramento/view.php?topic=2-2_15&showAll=1&frames=on 6/6 Article VI. Responsibility

2.15.180 The city clerk.

The city clerk shall:

A. Oversee compliance with this chapter, including creation of all forms and explanatory materials.

B. Maintain an electronic filing system for submission of registrations and reports, and publish them on the City’s website.

Accept all required filings under articles III and IV of this chapter. (Ord. 2021-0001 § 10; Ord. 2003-034 § 1)

Article VII. Enforcement

2.15.190 Criminal penalties.

Any person who knowingly or willfully violates or causes any other person to violate any provision of Article III, IV or V of this chapter is guilty of a misdemeanor. Any person who knowingly or willfully causes any other person to violate any provision of this chapter is guilty of a misdemeanor. (Ord. 2003-034 § 1)

2.15.200 Injunction.

The city attorney may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter. (Ord. 2003-034 § 1)

2.15.210 Practice restrictions.

No person convicted of a violation of this chapter may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation for one year after such conviction. (Ord. 2003-034 § 1)

2.15.220 Limitation of actions.

Prosecution for violation of any provision of this chapter shall be commenced within four years after the date on which the violation occurred. (Ord. 2003-034 § 1)

2.15.230 Cost of litigation.

The court may award costs of litigation including reasonable attorney’s fees to the prevailing party in any action to compel compliance with the provisions of this chapter. (Ord. 2003-034 § 1)

Article VIII. Effective Date

2.15.240 Effective date.

The registration, reporting and other requirements of this chapter shall apply to lobbying occurring on or after October 1, 2003. Lobbying that occurs prior to October 1, 2003, and payment for lobbying services rendered prior to October 1, 2003, whether made prior to or after October 1, 2003, shall not be considered for purposes of the registration, reporting and other requirements of this chapter. (Ord. 2003-034 § 1)

View the mobile version.

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Attachment: Sacramento Lobbyist Code (Lobbyist Registration) ORDINANCE NO. 1949

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, ADDING CHAPTER 2.155 ("REGULATION
OF LOBBYING ACTIVITIES") TO TITLE 2
("ADMINISTRATION AND PERSONNEL") OF "THE CODE
OF THE CITY OF SANTA CLARA, CALIFORNIA"
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the citizens of Santa Clara have a right to know the identity of interests which attempt to influence decisions of City government, as well as the means employed by those interests; WHEREAS, complete public disclosure of the full range of activities by and financing of lobbyists and those who employ their services is essential to the maintenance of citizen confidence in the integrity of City government;
WHEREAS, it is in the public interest to ensure that lobbyists do not misrepresent facts, their positions or attempt to deceive a City official through false communications; do not place a City official under personal obligation to themselves or their clients; and do not represent that they can control the actions of any City official; and,
WHEREAS, it is in the public interest to adopt this chapter to ensure adequate and effective disclosure of information about efforts to lobby City government.

NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

SECTION 1: That Chapter 2.155 ("Regulation of Lobbying Activities") of Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California" ("SCCC") is added to read as follows:

Ordinance/Regulation of Lobbying Activities Page 1 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) "CHAPTER 2.155

REGULATION OF LOBBYING ACTIVITIES
Sections:

2.155.010

2.155.020

2.155.030

2.155.040

2.155.050

2.155.060

2.155.070

2.155.080

2.155.090

2.155.100

2.155.110

2.155.120

2.155.130

2.155.140

2.155.150

2.155.160

2.155.170
Interpretation.

Definitions.

Registration.

Annual registration renewal.

Termination of lobbyist status.

Active status.

Registration fees.

Required registration information.

Semi-annual reports.

Records retention.

Lobbyist identification.

Prohibitions.

Gifts.

Enforcement.

Injunction.

Practice restrictions.

Exemptions.

2.155.010 Interpretation.

Unless the term is specifically defined in this chapter or the contrary is stated or clearly appears from the context, the definitions set forth in Government Code Sections 81000 et seq., shall govern the interpretation of this Chapter.

2.155.020 Definitions.

For the purposes of this Chapter, the following definitions shall be applicable:
(a) "Activity expense" means any payment made by a lobbyist to or directly benefiting any City official, City official-elect or member of his or her immediate family. Activity expenses include gifts, honoraria, consulting fees, salaries and any other form of compensation, but do not include campaign contributions.

Ordinance/Regulation of Lobbying Activities Page 2 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) (b) "Administrative action" means the proposal, drafting, development, consideration, advocacy or recommendation of any rule, regulation, agreement or contract, permit, license or hiring action.
(c) "City official" means any public official, legislative staff member or City employee who participates in the consideration of any legislative or administrative action other than in a purely clerical, secretarial or ministerial capacity. It shall also include any City board or commission member, or City representative to any joint powers authority to which the City is a party, and any consultant to the City.
(d) "Client" means a person who is represented by a lobbyist. (e) "Compensation" includes, but is not limited to, money of any denomination or origin; goods or services or anything of value, delivered or rendered; or promises to perform or provide services or contractual arrangements or awards.
(f) "Gift" means gift as defined in the California Political Reform Act, Government Code Section 81000 et seq., as amended from time to time.
(g) "Influencing" means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a City official or official-elect, by any means, including, but not limited to, providing or using persuasion, information, incentives, statistics, studies or analyses; excepted from this definition is communication made as a part of a noticed governmental public meeting.
(h) "Legislative action" means the drafting, introduction, consideration, modification, enactment or defeat of any resolution, ordinance, amendment thereto, report, nomination or other action of the Mayor, City Council, Santa Clara Stadium Authority, City of Santa Clara Housing Ordinance/Regulation of Lobbying Activities Page 3 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) Authority, any other joint powers authority of which the City is a party, or City board or commission, acting in its official capacity.
(i) "Lobbying" is the influencing or attempting to influence a legislative or administrative action of the City.
(i) "Lobbyist," unless exempt under Subsection 4 hereunder, means:
(I)
Contract lobbyist. A person who engages in lobbying on behalf of one (1) or more clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for compensation of one thousand dollars ($1,000.00) or more, or equivalent non-monetary compensation ("threshold compensation") for engaging in lobbying during any consecutive three (3) month period; (2) Business or organization lobbyist. Any business or organization, whose owner(s), officer(s) or employee(s) carry out lobbying on its behalf, in an aggregate amount of ten (10) hours or more within any consecutive twelve (12) month period, whether or not such officers or employees are specifically compensated to engage in lobbying; provided that the activities of officers shall be considered lobbying only if those officers receive compensation by the business or organization beyond reimbursement for their reasonable travel, meals or incidental expenses; or, (3) Expenditure lobbyist. A person who makes payments or incurs expenditures of five thousand dollars ($5,000.00) or more during any calendar year in connection with carrying out public relations, advertising or similar activities with the intent of soliciting or urging, directly or indirectly, other persons to communicate directly with any City official in order to attempt to influence legislative or administrative action. The five thousand dollars ($5,000.00) threshold shall not include: (A) Compensation paid to contract lobbyists or employees for lobbying; or (B) Dues Ordinance/Regulation of Lobbying Activities Page 4 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) payments, donations, or other economic consideration paid to an organization, regardless of whether the dues payments, donations or other economic consideration are used in whole or in part to lobby. (k)
Exemptions to "lobbyist" include:
(1) Any public official acting in his or her official capacity or acting within the scope of his or her employment or appointment;
(2) The media, when limiting its action to the ordinary course of news gathering or editorial activity, as carried out by members of the press. "Media" shall mean newspapers or any other regularly published periodical, radio or television station or network or information published on the internet;
(3) Persons reimbursed for only their reasonable travel, meals or incidental expenses, including but not limited to, uncompensated members or directors of nonprofit organizations, such as chambers of commerce;
(4) Persons whose communications regarding any legislative or administrative action are limited to appearing or submitting testimony at any public meeting held by the City or any of its agencies, offices, or departments, as long as the communications thereto are public records available for public review. Notwithstanding the foregoing, persons who otherwise qualify as lobbyists must register and disclose their lobbying activities directed toward City officials, in the same manner and to the same extent such registration and disclosure is required of all other lobbyists;
(5) Persons submitting bids or responding to requests for proposals, provided the provision of such information is limited to direct conversation or correspondence with the official or department specifically designated to receive such information; Ordinance/Regulation of Lobbying Activities Page 5 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) (6) Persons providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request provided that the request and response thereto are public records available for public review; (7) Designated representatives of a recognized employee organization whose activities are limited to communicating with city officials or their representatives regarding (i) wages, hours and other terms or conditions of employment, or (ii) the administration, implementation or interpretation of an existing employment agreement; (8) Persons who are professionally licensed by a state licensing organization pursuant to the California Business & Professions Code, including, but not limited to, attorneys, architects and engineers; provided however, the exemption for attorneys shall only be applicable if the attorney is engaged in the practice of law with respect to the subject of the employment; (9) Board members or employees of nonprofit 501(c)(3) corporations, unless the non-profit organization is lobbying for a specific project, issue or person for which the organization has received compensation or a contribution to lobby for or against a specific project, issue or person; Or,
(10) Members of neighborhood associations.
(1) "Organization" means any person that is not an individual. (m) "Person" means any individual, domestic or foreign corporation, for-profit or nonprofit entity, firm, association, syndicate, union, chamber of commerce, joint-stock company, partnership of any kind, limited liability company, common-law trust, society, or any other group of persons acting in concert.

Ordinance/Regulation of Lobbying Activities Page 6 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration)

2.155.030 Registration.

Lobbyists shall register with the City Clerk within fifteen (15) days after qualifying as a lobbyist under Section 2.155.020. Should a lobbyist have a change to its registration information, including, but not limited to, the legislative or administrative action for the City as to which the lobbyist has been engaged, after the annual registration period, such lobbyist shall file an amended registration with the City Clerk within fifteen (15) days of such change with the changed information.

2.155.040 Annual registration renewal.

A lobbyist shall renew his or her registration by January 15 of each year unless he or she has terminated their status as a lobbyist pursuant to Section 2.155.050, by such date.

2.155.050 Termination of lobbyist status.

After initial registration, annual registration renewal will not be required if a declaration attesting to the termination of lobbying services within the City has been filed with the City Clerk no later than January 15.

2.155.060 Active status.

All registrations, renewals and terminations will be deemed filed on the date received by the City Clerk. A lobbyist shall be deemed active for the duration of the year of registration ending December 31, unless a declaration attesting to termination of lobbying services within the City is filed.

2.155.070 Registration fees.

Persons subject to the registration requirements of this ordinance shall pay an annual fee set by resolution of the City Council. Persons registering for the first time after June 30 of a given year shall pay a reduced registration fee set by resolution of the City Council.

Ordinance/Regulation of Lobbying Activities Page 7 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) (a) The applicable registration fee is due at the time of registration or registration renewal. Payment will be deemed delinquent thereafter. Delinquency fees may be assessed as specified in subsection (c) below, if payment occurs after the due date. (b) In addition to the annual fee, each registrant shall pay a fee set by resolution of the City Council per client for whom lobbying is undertaken for compensation in excess of five hundred dollars ($500.00). The fees for clients as of the date of initial registration shall be submitted with the registration. The fees for subsequent clients shall be due and submitted within fifteen (15) days of such change with the changed information pursuant to Section 2.155.030. (c) A fine of twenty-five dollars ($25.00) per day for delinquent fees, up to a maximum of five hundred dollars ($500.00), will be assessed until in compliance with the registration provisions herein.

2.155.080 Required registration information.

The initial registration shall contain the name, business address, telephone, email addresses and if applicable, business license of all persons required to register pursuant to this Chapter, including the names of all owners of sole proprietorships and partnerships of fewer than ten (10) persons. If the registrant is a corporation, it shall also include the names of the president, secretary, chief financial officer, and agent for service of process, if any. Any business or organization registering under this act shall also briefly describe the nature of its business or organization and contact individual. In addition to this information, the report shall contain the following:
(a) Contract lobbyists. The name, business address, telephone number of each client, the nature of each client's business and the item(s) of legislative or administrative action the lobbyist is seeking to influence on behalf of the client; and the name of each person employed or retained by the lobbyist to lobby on behalf of each client.

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) (b) Business or organization lobbyists. The names of owners, officers or employees conducting lobbying activities and the item(s) of legislative or administrative action the lobbyist is seeking to influence.
(c) Expenditure lobbyists. The item(s) of municipal legislative or administrative action the lobbyist is seeking to influence.
(d) Payment received by the reporting lobbyist for services as a consultant or in any other capacity for services rendered to a City agency, any City official or any City official-elect or their controlled committees, any officeholder committee, or ballot measure committee. The dates of payment and name of each payer shall be included.
(e) The name, address, title and telephone number of the person responsible for preparing the report, together with that individual's signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted.

2.155.090 Semi-annual reports.

Semi-annual reports for the prior six (6) month period are to be filed with the City Clerk on or before July 15 and January 15 of each year, whether or not any lobbying activities have occurred during such period. Electronic reporting may also be permitted by the City Clerk. Each semi-annual report shall contain the same information as required to be disclosed in the initial registration, for those activities occurring in that period. If a lobbyist has terminated all lobbying activities during such period, the lobbyist may file a declaration of termination with the semi-annual report. The final semi-annual report shall include disclosure of any lobbying activities during the period of termination.

Ordinance/Regulation of Lobbying Activities Page 9 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration)

2.155.100 Records retention.

All information, reports and statements required to be filed under the provisions of this chapter shall be compiled and preserved by the City pursuant to the City's records retention schedule and shall be open to public inspection. Copies of the records pertaining to the above-required reports shall be preserved by the lobbyist for inspection and audit for a period of four (4) years from date of production.

2.155.110 Lobbyist identification.

When appearing in a lobbying capacity at any meeting with a city official or at a public meeting of the City Council or any other city board, commission or hearing, a contract lobbyist shall identify himself/herself and the client(s) on whose behalf he/she is appearing, and a business or organization lobbyist shall identify himself/herself and the business or organization he/she represents.

2.155.120 Prohibitions.

It shall be unlawful for any lobbyist to commit any of the following acts:
(a) Unregistered Lobbying. Acting as a lobbyist in the City without having registered in compliance with this chapter, or knowingly to employ a person or entity to serve as a lobbyist when such person is not registered pursuant to this chapter. (b) Unauthorized Communications. Sending or causing any communication to be sent to any City official in the name of any nonexistent person or in the name of an existing person without the express or implied consent of such person.

(e)
Indirect Violations. Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries or employees.

Ordinance/Regulation of Lobbying Activities Page 10 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) (d)' Creation of Obligations. Performing or sponsoring any act with the purpose and intent of placing any City official under personal obligation to the lobbyist.

(e)
Contingent Compensation. Compensation for lobbying activity when the compensation is directly dependent on the result of legislative or administrative action(s) that are the subject of the lobbying activity.

2.155.130 Gifts.

It shall be unlawful for any lobbyist to deliver or cause to be delivered any gift to any City official, and for any City official to accept any gift from a lobbyist.

2.155.140 Enforcement.

Persons or entities that knowingly violate this chapter may be subject to penalties as set forth in SCCC 1.05.070.

2.155.150 Injunction.

The City Attorney may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.

2.155.160 Practice restrictions.

No person convicted of a violation of this chapter may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation for one (1) year after such conviction.

2.155.170 Exemptions.

Any person who in good faith and on reasonable grounds believes that he or she is not required to comply with the provisions of SCCC 2.155.030 by reason of his or her being exempt under SCCC 2.155.020(k) shall not be deemed to have violated the provisions of SCCC 2.155.030 if, within fifteen (15) days after notice from the City, he or she either complies or furnishes satisfactory evidence to the City that he or she is exempt from registration." Ordinance/Regulation of Lobbying Activities Page 11 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) SECTION 2: Savings clause. The changes provided for in-this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council, SECTION 3: Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
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Ordinance/Regulation of Lobbying Activities Page 12 of 13

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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California." PASSED FOR THE PURPOSE OF PUBLICATION this 15 th day of December 2015, by the following vote:

AYES: COUNCILORS: Caserta, Davis, Gillmor, Kolstad, Marsalli and O'Neill and Mayor Matthews
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST:

ROD DIRIDON, JR.

CITY CLERK

CITY OF SANTA CLARA

FINALLY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA this 12th day of January 2016, by the following vote:

AYES: COUNCILORS: Caserta, Davis, Gillmor, Kolstad, Marsalli and O'Neill and Mayor Matthews
NOES:

ABSENT:

ABSTAINED:

COUNCILORS: None
COUNCILORS: None
COUNCILORS: None
ATTEST:

ROD DIRIDON, JR.

CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
1:10RDINANCES1Lobbying Ordinance 12-21-I5.doc
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Attachment: Santa Clara Lobbyist Ordinance (Lobbyist Registration) 2/10/22, 11:24 AM Chapter 7.03 INFLUENCING MUNICIPAL LEGISLATION https://www.codepublishing.com/CA/SantaClarita/html/SantaClarita07/SantaClarita0703.html#7.03 1/5 Chapter 7.03 INFLUENCING MUNICIPAL LEGISLATION
Sections:

7.03.010 Definitions.

7.03.020 Registration as Lobbyist.

7.03.030 Applicability.

7.03.040 Exemption.

7.03.050 Recordkeeping by Clerk.

7.03.060 Prohibited Acts.

7.03.070 Employment of City Councilmembers or City Employees.

7.03.080 Filing Under Penalty of Perjury.

7.03.090 Filing and Preservation of Reports.

7.03.100 Revolving Door Prohibition.

7.03.110 Enforcement.

7.03.120 Severability and Survivability.

7.03.010 Definitions.

Whenever used in this chapter, the following words and phrases shall be construed as defined in this section:
“Lobbyist” means any individual or entity employed, retained or otherwise engaged for compensation to communicate with any elective or appointed official, any officer or employee or any task force, committee, board, commission or other body of the City for the purpose of influencing any legislative or administrative action.
“Municipal legislation” means resolutions, motions, appeals, applications, petitions, nominations, ordinances, amendments and other matters pending or proposed before the City Council or any of its

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Attachment: Santa Clarita Lobbyist Code (Lobbyist Registration) 2/10/22, 11:24 AM Chapter 7.03 INFLUENCING MUNICIPAL LEGISLATION https://www.codepublishing.com/CA/SantaClarita/html/SantaClarita07/SantaClarita0703.html#7.03 2/5 committees, or before any board or commission, or any committee of a board or commission, or any officer or employee of the City.
“Public official” means and includes an elected or appointed officer or employee or officially designated representative, whether compensated or not, of the United States or any of its agencies, the state, any political subdivision of the state, including cities, counties, districts, or any public corporation, agency or commission. (Ord. 07-11 § 1, 12/11/07)

7.03.020 Registration as Lobbyist.

A. Except as provided in Section 7.03.030, any lobbyist shall register with the City Clerk by filing a written statement containing the following information:

1. The lobbyist’s full name, business address and telephone number;

2. The name, business address and telephone number of any individual or entity by whom the lobbyist is employed, retained or engaged for compensation to perform lobbying services in the City;

3. The legislative or administrative action for the City as to which the lobbyist has been engaged.

B. Such registration shall be filed on an annual basis between January 1st and January 31st each year or upon initial employment if that occurs after the annual filing period. Should the registration be filed upon initial employment after the annual filing period, such registration shall be filed within fifteen (15) days of such initial employment. The City will impose a one-hundred-twenty-dollar ($120.00) fee for cost recovery for such annual registrations and may amend the fee by resolution.

C. Should a lobbyist have a change to its registration information, including but not limited to the legislative or administrative action for the City as to which the lobbyist has been engaged, after the annual registration period, such lobbyist shall file an amended registration with the City Clerk within fifteen (15) days of such change with the changed information. The City will impose a twenty-five- dollar ($25.00) fee for cost recovery for such amended registrations and may amend the fee by resolution. (Ord. 07-11 § 1, 12/11/07)

7.03.030 Applicability.

The provisions of Section 7.03.020 shall not apply:

A. To a public official acting in his official capacity;

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Attachment: Santa Clarita Lobbyist Code (Lobbyist Registration) 2/10/22, 11:24 AM Chapter 7.03 INFLUENCING MUNICIPAL LEGISLATION https://www.codepublishing.com/CA/SantaClarita/html/SantaClarita07/SantaClarita0703.html#7.03 3/5 B. To any newspaper or other regularly published periodical, radio or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge action upon municipal legislation, if such newspaper, periodical, radio or television station or individual engages in no further or other activities in connection with action upon such municipal legislation; C. To a person invited by the City Council or any of its committees, or by any board or commission, or any committee or a board or commission, or by any officer or employee of the City charged by law with the duty of conducting a hearing and making a decision as to a pending or proposed matter, for the purpose of giving testimony in aid of the body or person extending the invitation; D. To a person applying for a grading permit or for a permit relating to the construction, alteration, demolition or moving of a building or to a person filing a parcel map or subdivision tract map; provided, however, that if a person is one described in Section 7.03.020 and he takes an appeal, or represents a person taking an appeal, pursuant to any procedure or authority provided by law from an administrative determination made with respect to such an application or map, he shall be required to register as provided in Section 7.03.020 upon taking the appeal or any action relating to the appeal; and
E. To a person who is a professional licensed by a state licensing organization, including, but not limited to, attorneys, architects and engineers; provided however, this exemption for attorneys shall only be applicable if the attorney is engaged in the practice of law with respect to the subject of the employment.

F. A regular employee of an organization, communicating to the City during the course of their employment, would not be considered a lobbyist. (Ord. 07-11 § 1, 12/11/07)

7.03.040 Exemption.

The City Clerk shall issue a “notice of registration required” upon the written request of the Council, or any board or commission, or any officer or employee of the City charged by law with conducting a hearing and making a decision on a matter pending or proposed. Any person who in good faith and on reasonable grounds believes that he is not required to comply with the provisions of Section 7.03.020 by reason of his being exempt under Section 7.03.030 shall not be deemed to have violated the provisions of Section 7.03.020 if, within fifteen (15) days after notice from the City Clerk, he either complies or furnishes satisfactory evidence to the City Clerk that he is exempt from registration. (Ord. 07-11 § 1, 12/11/07)

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Attachment: Santa Clarita Lobbyist Code (Lobbyist Registration) 2/10/22, 11:24 AM Chapter 7.03 INFLUENCING MUNICIPAL LEGISLATION https://www.codepublishing.com/CA/SantaClarita/html/SantaClarita07/SantaClarita0703.html#7.03 4/5

7.03.050 Recordkeeping by Clerk.

All information required to be filed under the provisions of Section 7.03.020 shall be compiled by the City Clerk as soon as practicable after the annual registration period and shall be forwarded to the City Manager. All such information shall be preserved by the Clerk pursuant to the City’s records retention schedule, shall constitute part of the public records of his office, and shall be open to public inspection. (Ord. 07-11 § 1, 12/11/07)

7.03.060 Prohibited Acts.

It is unlawful for any person or entity to act as a lobbyist in the City without having registered in compliance with this chapter, or knowingly to employ a person or entity to serve as a lobbyist when such person is not registered pursuant to this chapter. (Ord. 07-11 § 1, 12/11/07)

7.03.070 Employment of City Councilmembers or City Employees.

If any person registered or required to be registered under Section 7.03.020 employs or requests, recommends, or causes his employer to employ, and such employer does employ, any member of the City Council, or any person known by him to be an officer or employee of the City, in any capacity whatsoever, he shall file, within ten (10) days after commencement of such employment, a statement with the City Clerk setting out the nature of the employment, the name of the person to be paid thereunder, and the amount of pay or consideration to be paid thereunder, and the date first employed. (Ord. 07-11 § 1, 12/11/07)

7.03.080 Filing Under Penalty of Perjury.

Any person desiring to register as a lobbyist shall file, under penalty of perjury on forms prescribed by the City Clerk, the information required by Section 7.03.020. (Ord. 07-11 § 1, 12/11/07)

7.03.090 Filing and Preservation of Reports.

A. The filings required by this chapter shall be filed under oath with the City Clerk on forms prescribed by the City Clerk and may be filed:

1. In person; or

2. Be deemed properly filed when deposited in an established post office within the prescribed time, duly stamped, and directed to the City Clerk, at the City Hall, but in the event it is not received copies of such statement shall be promptly filed upon notice from the City Clerk of its nonreceipt; or

3. Electronically (online) by forwarding to the City Clerk a copy of the prescribed form via electronic mail together with a facsimile copy of the form showing execution by the lobbyist. Such electronic filing shall be effective upon receipt by the City of the filing fee.

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Attachment: Santa Clarita Lobbyist Code (Lobbyist Registration) 2/10/22, 11:24 AM Chapter 7.03 INFLUENCING MUNICIPAL LEGISLATION https://www.codepublishing.com/CA/SantaClarita/html/SantaClarita07/SantaClarita0703.html#7.03 5/5 B. All reports and statements required under this chapter which are filed with the City Clerk shall be preserved by the Clerk pursuant to the City’s records retention schedule, shall constitute part of the public records of his office, and shall be open to public inspection. (Ord. 07-11 § 1, 12/11/07)

7.03.100 Revolving Door Prohibition.

No former member of the City Council, former member of a City commission, or former City employee may serve as a lobbyist with respect to the City within one year of leaving office or employment with the City. (Ord. 07-11 § 1, 12/11/07)

7.03.110 Enforcement.

Persons or entities who knowingly violate this chapter may be subject to fines for up to three (3) times the annual registration fee. (Ord. 07-11 § 1, 12/11/07)

7.03.120 Severability and Survivability.

If any part of this chapter or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this chapter are severable. (Ord. 07-11 § 1, 12/11/07) The Santa Clarita Municipal Code is current through Ordinance 21-6, passed June 22, 2021.

Disclaimer: The city clerk’s office has the official version of the Santa Clarita Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: https://santa-clarita.com/ City Telephone: (661) 284-1405 Code Publishing Company

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Attachment: Santa Clarita Lobbyist Code (Lobbyist Registration)

CITY COUNCIL

STAFF REPORT

MEETING DATE: February 14, 2022

ITEM TITLE: Consideration of Adopting an Urgency Ordinance, Pursuant to Government Code Section 65858(B), Extending Urgency Ordinance 1576 Imposing Interim Regulations and Objective Standards f or the Subdivision and Development of Qualified Senate Bill 9 Properties for a Period of 10 Months and 15 Days.

RECOMMENDATION:

Staff recommends that the City Council adopt an ordinance to extend interim Urgency Ordinance 1576 for a period of 10 months and 15 days from the date of this hearing.

FISCAL IMPLICATIONS:

There are no direct fiscal impacts associated with the City Council extending Urgency Ordinance 1576 which establishes interim regulations and objective standards for the subdivision and development of qualified Senate Bill 9 properties.

BACKGROUND:

On September 6, 2021, Governor Newsom signed Senate Bill 9 ( “SB 9”) into law . Entitled the “California Home Act,” SB 9 could alter the longstanding character of single -family zoned neighborhoods throughout California. SB 9 became effective on January 1, 2022 and supersedes San Carlos’ local zoning regulations. This bill applies to all single -family zones and requires jurisdictions to approval1 of:

(1) a one-time, two-lot subdivision and subsequent development of up to two units per resulting lot; or

(2) development of up to four units on a lot that is not subdivided. However, the proposed subdivision or development project is required to meet certain qualifying location and development criteria.

While jurisdictions may choose to allow a larger size residential unit, SB 9 grants allowance of at least 800 square feet for a SB 9 residential unit on each SB 9 lot, whether the lot has been

1 A ministerial approval means property owners have the ability (granted by the State of California under SB 9) to subdivide and develop their property in accordance with the provisions under SB 9, and without discretionary approval by a municipality as long as the subdivision and/or development complies with established regulations that do no conflict with state law.

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2 subdivided or not. SB 9 also allows local jurisdictions to extend approval of tentative maps for land divisions or subdivisions from 12 months to 24 months. The allowance for the extension of approved tentative maps is optional and is not directly related to parcel maps approved for SB 9 lot splits. All develo pment pursuant to SB 9 can be regulated further by local agencies through objective design and development standards.

In San Carlos, SB 9 regulations are only applicable to single-family zones which are designated as RS-3 and RS-6 zoning districts. On Monday, January 10, 2022, the San Carlos City Council adopted Urgency Ordinance 1576 (“Urgency Ordinance”) with a 5 -0 vote to impose interim regulations and objective standards for the subdivision and development of qualified SB 9 properties for a period of 45 days based on the findings set forth in the Urgency Ordinance (see Attachment 3). Staff recommends that the City Council extend adopted the Urgency Ordinance for a period of 10 months and 15 days. Extending the Urgency Ordinance will allow staff enough time to research impacts on parking and safety, scale , and development intensity. With additional time, staff will be able to propo se a more comprehensive and permanent SB 9 Ordinance that is as compatible as possible with existing single -family neighborh oods, while being consistent with the State Law.

REPORT ON STATUS AND ANALYSIS:

Since the adoption of the Urgency Ordinance, staff has been working on the following tasks per the Council’s direction in order to create permanent objective standards for the preparation of the permanent ordinance:

Public Education and Outreach

 Held a Joint Planning Commission and Residential Design Review Committee Meeting on Monday February 7, 2022 to provide an update on the Urgency Ordinance, along with the timeline and process for adopting a permanent SB 9 Ordinance.  Updated the City’s SB 9 web page and provided links to informational resources, notices about upcoming meetings, and a contact information button for the community to get involved. Staff has made every effort to keep the information language easy to understand for the general public.
 Created social media posts and E -notify email blasts to keep the community informed about any upcoming meetings and/or updates related to the Urgency Ordinance.  Designated a staff person to respond to SB 9 inquiries.

Additional Research

 Research other jurisdictions ’ efforts (such as Los Altos, Palo Alto, and San Jose ) and develop SB 9 application and affidavit forms.
 Develop comprehensive SB 9 submittal requirements, hand outs, and checklists to ensure potential applicants understand how to properly submit an SB 9 project.

In addition, staff will also prepare robust objective development and design guidelines, continue to research and monitor SB 9 related best practices f rom neighboring jurisdictions, and develop a permanent SB 9 Ordinance. Extending the Urgency Ordinance would allow staff time to receive further community input and to meet with the Housing Subcommittee and Planning Commission for further guidance on the d evelopment of permanent solution for SB 9 impacted properties. Staff will also research the range of options for subdivisions and development for the Planning Commission’s and the City Council’s consideration.

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3 Options for further discussion include:

 Should the City allow additional units on lots resulting from SB 9 subdivisions? The State requires that at least two units be allowed on lots resulting from an SB 9 subdivision.

Local agencies can decide whether to allow additional units, such as an A lternative Dwelling Unit (“ADU”) and/or a J unior Accessory Dwelling Unit (“JADU”), or both for up to a maximum of four units per resulting lot.
 Should the City allow 28 foot height maximums for two-story SB 9 units?  Should the City consider any affordability requirements for SB 9 units?

Although staff anticipates returning to Council with the permanent comprehensive ordinance update earlier than the 10 month 15 day period, staff is requesting an extension to the interim Urgency Ordinance to accommodate for any unforeseen challenges. Staff is currently anticipating the Planning Commission’s review a proposed permanent ordinance in August, and a recommendation for a permanent ordinance to the Council in September. The permanent ordinance would become effective 30 days after adoption. At that point, the Urgency Ordinance would automatically expire. Below is an anticipated timeline for adopting the permanent SB 9 Ordinance:

 April - Community Workshop
 May - Develop key points of the permanent ordinance based on fee dback from the community
 June 27 - Planning Commission Study Session
 July – Fine tune the permanent ordinance
 Early August - Meet with the Housing Subcommittee
 August 29 – Planning Commission recommendation to the City Council to adopt the Ordinance
 September 26 – First reading of the Ordinance
 October 24 - Second reading of the Ordinance
 November 24 - Ordinance becomes effective

DISCUSSION:

It remains to be seen how the market will respond to SB 9 development allowances in single - family neighborhoods. To date, staff has received a total of 10 inquiries; six before the Urgency Ordinance adoption and four after. As of the writing of this report, no SB 9 development applications have been submitted.

In July 2021, the Terner Center for Housing Innovat ion at UC Berkeley, whose mission is to formulate housing strategies by identifying, developing, and advancing innovative public and private sector solutions to housing strategies, released a report assessing the viability of new housing supply under SB 9. For San Mateo County, the report cited an additional 17,000 -unit capacity under SB 9. See attachment 4 for more information on the report entitled, “Will Allowing Duplexes and Lot Splits on Parcels Zoned for Single-Family Create New Homes?

Public Notice

A public hearing notice (Attachment 2) was published in the local newspaper and posted at City Hall at least 10 days prior to the meeting.

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4 Environmental Review (CEQA):

The extension of the Urgency Ordinance is exempt from the California Environment al Quality Act (CEQA) pursuant to the general rule described in Section 15303 (a) and (b) of the CEQA Guidelines, because the Ordinance does not have the potential to cause a significant effect on the environment.

FINDINGS AND CONCLUSION:

Under government Code Section 65858, a finding that there is a current and immediate threat to public health, safety , or welfare is required in order to adopt or extend an urgency ordinance. The recent enactment of SB 9 and the absence of local objective standards for regulation of SB 9 projects , makes this a qualifying urgent matter. SB 9 allows local regulation with objective zoning standards for such developments. The Urgency Ordinance and this proposed extension specifically applies objective standards and allows SB 9 projects consistent with those standards, and will provide time to develop an permanent ordinance with objective standards appropriate for San Carlos. Thus, there is a continuing current and immediate threat to the public health, safety , or welfare that could arise from SB 9 subdivisions and accompanying developments in the City’s single -family neighborhoods. If the Urgency Ordinance expires without a new, permanent SB 9 Ordinance with appropriate objective standards for such developments to replace it, San Carlos’ existing zoning regulations are insufficient for SB 9 subdivisions and/or developments and do not thoroughly address community concerns regarding parking, traffic, safety, scale , and development intensity in the City’s single-family zoned residential areas. In addition, under SB 9 the City does not have the discretion to review and impose reasonable conditions on such SB 9 subdivisions and/or developments under its current zoning ordinance. Accordingly, the Urgency Ordinance would provide the Ci ty with clear and measured regulations for how such development would occur during the period the Urgency Ordinance is in effect, while maintaining consistency with State law. It would also allow time for staff to prepare a permanent ordinance, engage the public, and prepare information and recommendations for review by the Planning Commission and the City Council as set forth above.

Without an extension to the Urgency Ordinance, staff will not have enough time to work on a comprehensive permanent SB 9 Ordinance and engage in community outreach and study. Staff recommends the City Council extend the Urgency Ordinance 1576 imposing interim regulations and objective standards for the subdivision and development of qualified SB 9 properties. A 4/5 vote of the City Council is required to extend this Urgency Ordinance, which would be in effect for a period of 10 months and 15 days from the date of this hearing . See Attachment 1 for the proposed Ordinance.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt the Urgency Ordinance extending Urgency Ordinance 1576 imposing interim regulations and objective standards for the subdivision and development of qualified SB 9 properties; or

2. Do not extend Urgency Ordinance 1576; or

3. Provide staff with alternate direction.

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5 RESOURCES:

 Full SB 9 State Legislation
 SB 9 City Webpage
 City Council Staff Report January 10, 2022
 Resources from 21 Elements

Respectfully submitted by:

Al Savay, AICP
Community Development Director

Greg Rubens, City Attorney

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Ordinance with Exhibit A (red-lined)

2. Notice of Public Hearing

3. Ordinance 1576

4. Terner Center Report on SB 9

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ORDINANCE NO. _____

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS, PURSUANT TO GOVERNMENT CODE SECTION 65858(b), EXTENDING URGENCY ORDINANCE 1576 IMPOSING INTERIM REGULATIONS AND OBJECTIVE STANDARDS FOR THE SUBDIVISION AND DEVELOPMENT OF QUALIFIED SENATE BILL 9 PROPERTIES FOR A PERIOD OF 10 MONTHS AND 15 DAYS.

SECTION 1: The City Council of the City of San Carlos does hereby ordain as follows:

WHEREAS, this Ordinance is adopted as an urgency ordinance pursuant to Government Code Section 65858(b). The facts constituting the urgency are as follows:

a) A severe housing crisis exists in the state with the demand for housing outstripping supply.

b) In September 2021, Governor Newsom signed into law Senate Bill 9 (“SB 9”), entitled the “California Home Act”. Among other provisions, this bill adds Sections 65852.21and 66411.7 to the Government Code and becomes effective on January 1, 2022.

c) SB 9 requires cities and counties, including the City of San Carlos (“City”), to ministerially approve a p arcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria.

SB 9 specifies that propo sed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law.

d) SB 9 further restricts the standards and regulations that local agencies, including the City, may impose on qualifying two -unit or subdivision projects. For example, SB 9 specifies that local agencies may impose on ly objective zoning, subdivision, and design standards that do not conflict with the statutes, but such standards must not physically preclude a unit size of 800 square feet. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivi sion project only if the agency’s Building Official makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute.

e) The default statutory standards contained in SB 9 does not include objective zoning, subdivision, and design standards, such as, floor area, lot coverage, height, fencing regulations, subdivision and site development standards and regulations that are included in the San Carlos Municipal Code (SCMC) Titles 17 and 18 which are otherwise required to be complied by all residential development projects including accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs).

f) SB 9 specifically authorizes local agencies to impose objective zoning, subdivision,

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

and design standards consistent with the bill’s provisions, and to adopt an ordinance to implement its provisions. SB 9 further provi des that such ordinances are not considered a “project” under the California Environmental Quality Act (CEQA).

g) There is a need for the City to update its standards for SB 9 projects to bring its design and development regulations into compliance with the requirements of the bill.

h) There is a need for the City to update its standards for SB 9 projects to ensure orderly development that also addresses aesthetics and massing of future projects.

i) On January 10, 2022, the City Council adopted this Urgency Ordinance with a 5 -0 vote to enact the urgency ordinance for a period of 45 days with a possibility to extend for a period of 10 months and 15 days for the purpose of establishing regulations and objective standards pertaining to single-family home developments and subdivisions in a manner that complies with SB 9 and is consistent with California Government Code Sections 65852.21 and 66411.7, as amended.

j) On February 3, 2022 a public notice was published for the February 14, 2022 City Council Meeting to consider extending the Urgency Ordinance; and

k) California Government Code Section 65858 authorizes the City to extend an urgency measure by a four-fifths (4/5ths) vote where necessary to protect the public health, safety, and welfare without following the proce dures otherwise required prior to adoption of a zoning ordinance.

l) The City Council finds that an extension to the Urgency Ordinance is necessary to allow staff time to work on a permanent ordinance to adopt SB 9.

m) Any interim urgency measure extended pursuant to Government Code Section 65858 shall be of no further force and effect ten months and fifteen days from its date of adoption unless extended by the legislative body. During the effective term of the urgency ordinance, City staff intends to undertake further study and present its recommendations to the City Council regarding permanent revisions to the City’s Municipal Code pertaining to SB 9 residential development and subdivision projects and consistent with the goals and policies of the General Plan, California Planning and Zoning Law, and the provisions of California Government Code Section 65858.

SECTION 2: The City Council finds that there is a current and immediate threat to the public peace, health, welfare, and safety, specifically including possible permanent damage to the City’s aesthetics that can result from unregulated and unorderly developments due to SB 9 projects. The City Council finds that it is necessary to impose the Urgency Ordinance pursuant to Government Code Section 65858(b) to protect the public health, welfare, and safety for the following reasons:

a) Based on the recent amendments to state law with respect to the regulation of SB 9 units and lot subdivisions, there is a need for the City to update its current codes.

b) City staff needs time to analyze the impacts on the current Zoning Ordinance with respect to SB 9 and recommend changes with appropriate public input to provide for orderly and aesthetically appealing developments throughout the City thus

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

maintaining the character of the City; and

c) The citizens of San Carlos will be well -served if the City more fully addresses the potential impacts of SB 9 projects on aesthetics, safety, and environmental protection; and

d) The most appropriate way to ensure Planning Commission and p ublic review and comments on the permanent ordinance is to adopt the Urgency Ordinance imposing interim regulations and development standards for SB 9 projects while the permanent ordinance is being prepared.

e) The subdivision of lots and design and constru ction of single - family residences, second primary dwelling units and accessory dwelling units pursuant to Senate Bill 9 (SB 9) without adequate standards can cause: land use and site development conflicts and incompatibilities including public safety, vis ual, privacy, acoustic and aesthetic impacts which would negatively impact the public welfare and the unique quality and character of the City of San Carlos.

f) All of the facts and recitals above are true, correct, incorporated herein and made a part hereof such that there exists a current and immediate threat to the public health, safety, and welfare requiring immediate implementation of an urgency ordinance to regulate SB 9 residential development projects, subdivisions and site developments in the City of San Carlos.

WHEREAS, the City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code Section 65858(b), and take effe ct immediately upon adoption. Therefore, this Urgency Ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare and its urgency is hereby declared.

SECTION 3: The City Council does hereby, pursuant to Government Code Section 65858(b), extends and imposes the Urgency Ordinance for 10 Months and 15 Days from the date of this duly noticed public hearing.

SECTION 4: For purposes of this Interim Urgency Ordinance temporary regulations and standards shall be placed on all qualifying properties within RS -3 and RS -6 districts per the language in Exhibit A.

SECTION 5: This is an extension to the Urgency Ordinance1576, which requires 4/5 vote of approval of all of the members of the City Council and goes into effect immedi ately upon its adoption.

SECTION 6: California Environmental Quality Act Determination. The City Council hereby finds pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance exempt from CEQA because pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA because this project is consistent with the programs and policies of the San Carlos 2030 General Plan, is within the scope of the activities and impacts identified in San Carlos 2030 General Plan Program Environmental Impact Report (EIR) and no new environmental effects have been found and no new mitigation is necessary. Therefore, no additional environmental

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

review is required pursuant to Pu blic Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15303 (a) and (b).

SECTION 7: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of San Carlos hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subd ivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 8: Effective Date and Publication. This Ordinance extension shall take effect February 14, 2022. Th e City Clerk shall cause publication of the Urgency Ordinance within 15 days after passage in a newspaper of general circulation published and circulated in the City or, if none, by posting in at least three public places in the city. Within 15 days after the extension of the Urgency Ordinance amen dment, a summary of the amendment shall be published with the names of the City Council members voting for and against the amendment.

SECTION 9: Conflicting Provisions Deemed Ineffective During Ordinance Operative Period. Any provision of the Municipal Co de relating to residential development and lot subdivision standards which is in conflict with this ordinance is hereby deemed ineffective during the ordinance’s operative period.
*****
I, City Clerk Crystal Mui, hereby certify that the foregoing Urgency O rdinance was extended by the required 4/5 th vote, effective immediately, at a regular meeting of the City Council of the City of San Carlos held on the 14th day of February, 2022 by the following vote:

______________________________
CITY CLERK of the City of San Carlos

APPROVED:

___________________________
MAYOR of the City of San Carlos

Exhibit A: Proposed Regulations and Standards for SB-9 projects

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

EXHIBIT A

Regulations and Objective Standards for Qualified Senate Bill 9 Subdivisions and Development Projects

New text is highlighted in red.

1. Purpose and Intent.

The purpose of this article is to establish regulations and objective st andards to govern the development of qualified Senate Bill 9 subdivisions and development projects on RS-3 (single- family, low density) and RS-6 (single-family) properties within San Carlos. The establishment of these regulations will result in the orderly subdivision and development of qualified Senate Bill No. 9 (2021) (“SB 9”) projects while ensuring that the new units are consistent with the existing development patterns of the City and do not create any significant impacts with regards to public infrastructure or public safety. The regulations are established to implement the requirements under California Government Code Sections 65852.21 and 66411.7.

2. Definitions.

For purposes of this article, the following definitions apply:
(a) “Accessory dwelling unit” or “ADU”, means an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and located on a single lot with a proposed or existing single -unit dwelling.

It shall include a separate ext ernal entrance and permanent provisions for living, sleeping, eating, cooking, and sanitation (at minimum, a sink, toilet, and shower) on the same parcel as the single -family or multifamily dwelling. At a minimum, the kitchen shall contain a sink, standard refrigerator, and either a built -in cooktop or range, as well as a food preparation counter and storage cabinets. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
(b) “Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for not more than one family. Dwelling Unit includes an ADU, JADU, a primary dwelling unit, and a SB 9 dwelling unit.
(c) “Junior accessory dwelling unit” or “JADU”, or “efficiency unit is a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family dwelling unit (must contain a separate, external entran ce). A junior accessory dwelling unit may include separate sanitation facilities (bathroom containing, at minimum, a sink, toilet, and shower) or may share sanitation facilities with the single-family dwelling. An efficiency kitchen is required, which must include a sink and a built -in cooking facility with appliances (e.g., microwave, toaster oven, hot plate), as well as a food preparation counter and storage cabinets. (d) “Existing dwelling unit” means a primary dwelling unit or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where more than 50% of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than 50% of the exterior wall framing has been removed is considered a new dwelling for purposes of this article. (e) “Primary dwelling unit” means a single -family residence on the parcel and is the

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

larger of the two if there is an existing accessory dwelling unit on the parcel. (f) “Private Road” means a road, way, or street in private ownership and under private maintenance, not offered for dedication as a public road, way, place, or street, which affords the principal means of access to three or more lots or parcels which do not have frontage on a public street.
(g) “SB 9 dwell ing unit” or “SB 9 unit” or “second primary dwelling unit” means a dwelling unit that is developed using the provisions in this article and the provisions identified in California Government Code Sections 65852.21 and 66411.7.

3. Eligibility of properties for a subdivision.

The following parcels are not eligible for a subdivision or development under this article:
(a) Any parcel that was established through a prior exercise of a subdivision as provided for in this article.
(b) Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this article. For the purposes of this article, “any person acting in concert” with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner.
(c) Any parce l located within an historic district or included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site that is designated or listed as a City of San Carlos or San Mateo County landm ark or historic property or district pursuant to a City of San Carlos or San Mateo County ordinance.
(d) Any parcel where the subdivision or the proposed housing development would require the demolition or alteration of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
iii. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
iv. Housing that has been occupied by a tenant in the last three years. (e) Any parcel locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law.
(f) Any parcel where the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing develop ment project would have a specific, adverse impact, as defined and determined in paragraph (2)

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily miti gate or avoid the specific, adverse impact.

4. Objective standards and requirements for a subdivision.

The following objective standards and regulations apply to all subdivisions under this article. All applicable objective standards within Article 17 of the San Carlos Municipal Code shall apply in addition to the objective standards under the provisions of this article:
(a) A Parcel Map and an application for Subdivision Application shall be submitted to the City for all proposed subdivisions.
(b) The subdivision shall create no more than two new parcels of approximately equal area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than 1,200 square feet in area.
(c) Existing corner parcels shall be split approximately perpendicular to the longest contiguous property line.
(d) The front parcel line of any newly created parcel shall be the parcel line that is closest to or parallel to the public or private road that serves the parcel. (e) The side lot lines of all lots, as far as practicable, shall be at right angles to straight streets on which the lot faces, or radial to curved streets. (f) Lots without frontage on a street are not permitted. Lots, other than corner lots, may not front on more than one street unless necessitated by topographic or other unusual conditions.
(g) Flag lots are not allowed.
(h) No setbacks shall be required for an existing dwelling structure on the parcel from a proposed property line.
(i) Separate utility meters shall be provided for each parcel prior to recordation. (j) All newly created parcels shall be connected to public sewer per the City of San Carlos Engineering Standards.
(k) No dedications of rights -of-way or the construction of offsite i mprovements for the parcels being created pursuant to this section shall be required as a condition of approval.
(l) The subdivision is subject to all impact or development fees related to the creation of a new parcel.
(m) A note on the parcel map and a recorded deed restriction in a form approved by the City Attorney shall be applied to all newly created parcels indicating that the parcel was split using the provision of this article and that no further subdivision of the parcels is permitted.
(n) Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit stating that the applicant intends to reside in one of the proposed or existing primary dwelling units or SB 9 units for three years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

the Revenue and Taxation Code.

5. Objective standards and requirements for dwelling units on a parcel subdivided pursuant to this article.

The following objective standards and regulations apply to all development on a parcel that has been subdivided or concurrently subdivided under the provisions of this article:
(a) A maximum of two units shall be allowed per subdivided parcel (b) ADUs and JADUs are not allowed
(c) The uses shall be limited to those permitted in the underlying zoning district (d) The following development is permitted on the parcel:
(1) An existing primary dwelling unit and an SB 9 unit; or (2) Two SB 9 units.
(3) If there is an existing primary dwelling unit and ADU or JADU on the property, then no further development is permitted for that property. (e) The maximum floor area (MFA) permitted on each lot shall be 1,600 square feet (800 square feet for each unit).

Exception:

If there is an existing primary d welling unit on the parcel, the floor area of the existing residence cannot be increased, and any SB 9 dwelling unit shall not exceed 800 square feet.
(f) Setbacks and Floor Area: The minimum front setback for any new primary dwelling unit or SB 9 dwelling unit shall adhere to the underlying zoning district and be four (4) feet from the interior side and rear property lines and the maximum floor area on the property shall be 1,600 square feet (800 square feet for e ach unit). Basements are not permitted.

Exception:

No setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.
(g) The maximum height of all new SB 9 dwelling units shall be 16 feet. If there is an existing primary dwelling on the parcel, the maximum height per the underlying zoning district of the existing residence cannot be increased.

Exception:

The maximum height of SB 9 units within Hillside Overlay Districts shall be 20’- 0.

(h) One uncovered parking space is required. The parking space shall be at least 10 feet wide by 20 feet deep and shall be contained entirely on the private property. No parking is required when the parcel is located within one -half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel.

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

(i) If the two SB 9 dwelling units are configured as a duplex on a parcel, a solid one - hour fire wall between the units is required. In addition, a deed restriction in a form approved by the City Attorney shall be recorded stipulating that the dup lex shall be maintained as two separate units.
(j) All new SB 9 units shall have 1 - hour rated Type 5A construction on all exterior walls and Class A roof assemblies.
(k) If the parcel is fully developed with the number of units permitted under this section, the applicant or property owner shall record a deed restriction in a form approved by the City Attorney stipulating that no further development of the parcel is permitted. (l) Fire access to all new units shall be compliant with the Redwood City - San Carlos Fire Department standard specifications and the California Fire Code. (m) If the proposed dwelling units are developed subsequent to a subdivision completed pursuant to this Article, the owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner intends to reside in either the primary dwelling unit or an SB 9 unit on the parcel for three years from the issuance of an SB 9 dwelling unit’s Certificate of Occupancy and closing of all construction permits pertaining to the parcel.
(n) All newly created dwelling units shall be connected to public sewer per the City of San Carlos Engineering Standards.
(o) All outdoor patios, covered patios, decks, and other hardscape shall meet the City’s requirements with regard to lot coverage, setbacks, natural state, height, etc. (p) All new SB9 units shall comply with San Carlos Municipal Code and adopted California Building Code, and California Fire Code.
(q) No dwelling unit shall be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit.
(r) An SB 9 unit may be rented separately from the primary dwelling unit. (s) Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit.

6. Objective standards and requirements for new dwelling units on a parcel that is not being subdivided.

The following objective standards and regulations apply to all new development on a parcel, including primary dwellings, SB 9 dwelling units, an ADU, or a JADU attached or detached to the primary dwelling, that are developed under the provisions of this article on a parcel that is not being subdivided:
(a) The maximum of four (4) units are allowed per lot.
(b) The uses shall be limited to those permitted in the underlying zoning district (c) The following development is permitted on the parcel:
(1) a primary dwelling unit and an SB 9 unit (or two SB 9 units); (2) an ADU; and
(3) a JADU
(d) The maximum floor area (MFA) and maximum lot coverage (MLC) permitted on the

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

parcel shall be determined pursuant to Table 18.04.030 of the Municipal Code, 800 square feet of additional MFA/MLC is permitted for an SB 9 unit that is not the primary dwelling.
(e) The maximum floor area of an SB 9 unit shall be 800 square feet. Basements are not permitted.
(f) The minimum front setback for any new SB 9 dwelling unit shall be the same as required for the underlying zoning district and four (4) feet from the interior side and rear parcel lines.

Exception:

No setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.
(g) The maximum height of the SB 9 dwelling unit shall be 16 feet.

Exception:

The maximum height of SB 9 units within Hillside Overlay Districts shall be 20’-0.

(h) One uncovered parking sp ace is required. The parking space shall be at least 10 feet wide by 20 feet deep and shall be contained entirely on the private property. No parking is required when the parcel is located within one -half mile walking distance of either a high -quality tran sit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel. A solid (no openings) one-hour rated fire wall is required between any SB 9 unit and the primary dwelling unit or an ADU or JADU. (i) All new SB 9 units shall have 1 - hour rated Type 5A construction on all exterior walls and Class A roof assemblies.
(j) Fire access to all new units shall be compliant with the Redwood City - San Carlos Fire Department standard specifications and the California Fire Code. (k) All newly created SB 9 units shall be connected to public sewer per the City of San Carlos Engineering Standards.
(l) All new SB 9 units shall comply with San Carlos Municipal Code and adopted California Building Code, and California Fire Code.
(m) All outdoor patios, covered patios, decks, and other hardscape shall meet the City’s requirements with regard to lot coverage, setbacks, natural state, height, etc. (n) No dwelling unit shall be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit.
(o) An SB 9 dwelling unit may be rented separately from the primary dwelling unit. (p) Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit.

7. Objective building and design requirements for all SB 9 dwelling units.

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

All SB 9 dwelling units shall be reviewed and ap proved without discretionary review or a hearing. As part of the Planning Department’s ministerial approval, the following objective design requirements shall be required.

If it is not feasible to comply with all applicable Objective Des ign Standards when constructing up to two 800 square foot residential units on a property, the applicant shall provide all necessary information requested by the City (e.g., a topographic survey, etc.) to demonstrate that it is infeasible to construct one or both of the t wo 800 square foot residential units while complying with all applicable Objective Design Standards for review by the City. On review of the complete feasibility study, the Planning Director shall determine which of these Objective Design Standards may be reduced and/or waived to allow for up to two residential units that are no more than 800 square feet and evaluate feasible locations for the residential unit(s) to find the location(s) that create the fewest impacts to environmentally sensitive areas such as hillside districts, stream overlays, etc.

Where there is any discrepancy between these objective standards and other requirements within the San Carlos Municipal Code for the underlying Zoning District, the stricter objective standards shall apply:

Site Planning
Grading
Grading shall not exceed 999 cubic yards.

Hillside Overlay Development - All objective design standards within the Hillside Overlay District per SCMC 18.12 Hillside Overlay District shall apply in addition to the standards specified below.

Proposed grading which necessitates terracing shall not have retaining or skirt walls exceeding four feet in height and shall have a horizontal separation equal to the wall height.

Slopes created by grading of the site shall not exceed thirty percent.

Parking Front Setback Adjustment. In order to reduce grading, required parking (including a private garage) may be located at five feet to the street property line; provided, that portions of the new units and accessory structures other than the garage shall comply with the setback requirements of the base zoning district.

Natural State. A minimum area of twenty-five percent of the lot area plus the percentage figure of average slope, not to exceed a maximum of eighty-five percent, must remain in its natural state.

Site Access, Driveways. Each driveway shall follow natural terrain contours to the maximum extent feasible to minimize grading, and also shall comply with the following standards:

1. Maximum Grade. The finished grade of a driveway shall conform to the finished grade of the lot, but in no case shall exceed an average grade of eighteen percent.

2. Agency Review. The location and design of any driveway shall be referred to the Fire Department for review and comment as to on- and off-street safety of vehicles, vehicle passengers and pedestrians, and access for emergency vehicles.

Retaining Walls. Large retaining walls in a uniform plane shall be avoided. Retaining walls shall be divided into terraces with variations in plane and include landscaping to break up the length of walls and to screen them from view. No retaining wall located in the front or rear yard area shall be higher than six feet, and must incorporate a three-foot recessed offset feature every thirty feet, or other methods of articulation Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet above grade. Decks shall be integrated into the architecture of the house,

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Attachment: Ordinance with Exhibit A (red-lined) (SB 9 Urgency Ordinance Extension)

and not appear as an add-on to the primary building mass.

Retaining walls over four feet in height, accessory structures, and buildings visible from a downslope shall be screened;
Colors and Materials. A mixture of materials and color shall be used to blend structures with the natural appearance of the hillside which shall include darker and earth tone exterior colors. In areas of potential high fire hazard, exterior building materials shall be fire- retardant.

Trees
A tree removal/ pruning permit is required for removal or pruning of any protected and/or significant tree.

All objective standards within the SCMC 18.18 Landscaping shall apply.

Driveways
One driveway is permitted per lot.

Utilities & Services
Each home shall be provided with a location for the storage of trash receptacles which is screened from the view from the public right-of-way.

Transformers, back flow preventers, generators, and other similar elements shall be screened from view from the public right-of-way.

II. Building Design (Detached & Attached)
Entrances
Entrances shall not exceed 10 feet in height.

The principal entry shall be located in a visible location facing the street and shall incorporate a projection (e.g., porch) or recess, or combination of projection and recess at least forty square feet in area, with a minimum depth of five feet.

Porches shall not encroach more than 3’-0 into the front setback regardless of height.

Where the entrances to both units are located on the front elevation, both doors shall be located together to mimic the appearance of a single-family home and shall have a covered entry.

Where entrances are located on separate elevations, both entrances shall have a covered entry.

The main entry feature shall not be the garage door.

Design elements and detailing shall be continued completely around the structure. Such elements shall include window treatments, trim detailing, and exterior wall materials.

All vents, gutters, downspouts, flashings, electrical conduit, etc., shall be painted to match the color of the adjacent surface.

No street-facing facade shall run in a continuous plane of more than twenty-five feet without a window or a projection, offset, or recess of the building wall at least one foot in depth. Building entrances and front porches, and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises count towards this requirement.

Building elevations abutting side yards shall be designed to provide at least one horizontal plane break of at least three feet, and one vertical break.

All exterior building materials and colors shall be the same for all units on the property. Exterior materials shall be hard board, stucco, unpainted brick, or stone in an earth tone color. Board- formed non-colored concrete and stained wood with
proper fire assemblies may be used for accent walls.

Roofing shall be 30-year (minimum) composition shingle, tile, natural slate or standing seam metal in a non-reflective earth tone color.

The exterior use of foam as trim and plywood or aluminum as siding materials is prohibited.

Building materials which are vinyl or include reflective minerals such as hematite or quartz are

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prohibited.

Fenestration
Window and door frames shall be colored metal: black, white or earth tone in color.

The window type and style shall be consistent on all elevations.

Trim at least one inch in depth must be provided around all windows, or window must be recessed at least two inches from the plane of the surrounding exterior wall. For double- hung and horizontal sliding windows, at least one sash shall achieve a two-inch recess.

Exterior Lighting
Exterior building lighting shall be directed downward, have a shielded light source, and be designed so that the light is not directed off site.

Massing
Garage Frontage. Where an attached garage is located on the front half of the lot and garage doors face a street, garage width shall not exceed sixty-five percent of the width of the front facade of the building (sixty percent on lots wider than one hundred feet).

Paving
The maximum amount of paving in street-facing yards is fifty percent of the required yard.

Alley Access
A detached garage or carport is permitted to have access to the alley if:

1. The garage or carport entrance is set back a minimum of four feet from the rear property line;

2. A forty-five-degree visibility triangle is provided on either side of the garage or carport;

3. The garage door does not cross the property line when opened or closed III. Landscape Elements
Retaining Walls
Retaining walls shall not exceed 6 feet in height in the required front or rear setback.

Retaining walls shall be stone or unpainted brick in earth tone colors, or non-colored concrete.

Hardscape
Hardscape shall be gravel, stone, or unpainted brick in earth tone colors, or non-colored concrete.

Softscape
All landscaping shall be drought tolerant and native.

Landscaping shall not be planted in a linear pattern.

All new trees shall be installed at a minimum of 24- inch box and shall be adequately spaced.

One tree per every 1000 s.f. lot coverage. One must be a 24” box street oriented tree.

Landscaping
All landscaping shall adhere to the Objective Standards within SCMC 18.18 Fencing
All other fence regulations apply per the SCMC 18.18.040

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8. Permit review process.

All applications for lot spli ts and new development using this article shall be ministerially approved without public hearings or discretionary review.

9. Fees.

The City Council may establish and set by resolution all fees and charges, consistent with Government Code sections 65852.2 and 65852.22, and related provisions, as may be necessary to effectuate the purpose of this article.

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CITY OF SAN CARLOS

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the San Carlos City Council will hold a public hearing on Monday, February 14, 2022 at 7:00 p.m., pursuant to San Carlos Municipal Code Chapter 18.35, and Government Code Section 65858 for the purpose of hearing and considering all comments of all persons interested in or concerned with the City Council’s consideration of extending Urgency Ordinance 1576 establishing interim development and subdivision standards applicable to all properties in the RS -3 and RS-6 Zoning Districts that propose lot splits and additional development under the provisions of Senate Bill (SB) 9.

Following a duly noticed public hearing for February 14, 2022, if extended by the City Council, this Urgency Ordinance would be effective for a period of 10 months and 15 days from the date of February 14, 2022.

The interim ordinance establishes regulations for the subdivision (i.e., lot splits) and other development of qualified SB 9 properties. The significant changes within the ordinance include:

 Objective Design Standards
 Objective Development Standards
 Objective Subdivision Standards

This project is consistent with the programs and policies of the San Carlos 2030 General Plan, is within the scope of the activities and impacts identified in San Carlos 2030 General Plan Program Environmental Impact Report (EIR) and no new environmental e ffects have been found and no new mitigation is necessary. Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15303 (a) and (b).

The agenda and relevant materials for this item will be available for viewing on the City’s website at http://sancarlosca.iqm2.com on February 10, 2022. A hardcopy may be obtained upon request to the City Clerk. Please note that this February 14, 2022 City Council meeting will be held via teleconference and there will not be a physical location for which the public can attend. However, the public will have access to remotely observe the meeting and address the Council – details and directions will be available on the agenda. For more information and resources regarding SB9, please visit the project page at www.cityofsancarlos.org/sb9.

Questions regarding the project may be directed to Project Manager Sajuti Haque at [email protected]. Comments may be sent via email to the City Clerk- [email protected] and the City Council – [email protected]; or mailed to the City Clerk at 600 Elm Street, San Carlos, CA 94070.

All persons interested in the above are hereby invited to participate remotely in this Public Hearing and be heard. If you challenge this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk prior to the public hearing.

Crystal Mui,
City Clerk

Publication Date: February 3, 2022

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Attachment: Ordinance 1576 (SB 9 Urgency Ordinance Extension) Copyright 2021 Terner Center for Housing Innovation
For more information on the Terner Center , see our website at www.ternercenter .berkeley.edu
A TERNER CENTER REPORT - JULY 2021
Will Allowing Duplexes and Lot
Splits on Parcels Zoned for
Single-Family Create New
Homes?
Assessing the Viability of New Housing Supply
Under California’s Senate Bill 9
AUTHORS:

BEN METCALF, MANAGING DIRECTOR, TERNER CENTER

DAVID GARCIA, POLICY DIRECTOR, TERNER CENTER

IAN CARLTON, CO-FOUNDER AND CEO, MAPCRAFT LABS

KATE MACFARLANE, PRODUCT MANAGER, MAPCRAFT LABS

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2 Introduction
In recent years, California lawmakers have
proposed a number of legislative changes
to address the state’s ongoing housing
shortage and affordability crisis. While the
most ambitious of these efforts have not
passed, momentum has increased around
one solution in particular: legislation to
allow modest increases in smaller-sized
units in existing single-family neighbor-
hoods. In 2020, Senate Bill 1120—which
would have allowed for up to four new
homes on existing single-family parcels—
passed both the California Assembly and
Senate, but fell short of becoming law as
time ran out at the end of the session. This
year, Senate President Pro Tempore Toni
Atkins has introduced Senate Bill 9 (SB
9), which proposes a similar policy shift.

SB 9 has now passed through the State
Senate and is under discussion in the State
Assembly; if approved by the Assembly, it
may be poised to be the most significant
housing bill coming out of California’s
current legislative session.

SB 9 has potential to expand the supply
of smaller-scaled housing, particularly in
higher-resourced, single-family neighbor -
hoods. In this way, SB 9 builds on recent
state legislation that opened up access to
accessory dwelling units (ADUs) for virtu-
ally all California single-family parcels.

What distinguishes SB 9 is that it allows
for the development of new, for-sale
homes, either on a newly subdivided lot or
through the conversion of existing single-
family homes into multiple units. This
ability to create duplexes and/or split the
lot and convey new units with a distinct
title would allow property owners to
pursue a wider range of financing options
than are available for ADU construction to
build these new homes.
1 In so doing, SB 9
could open up new homeownership oppor-
tunities at more attainable price points
for prospective purchasers, who would be
able to apply for a traditional mortgage to
buy the home.

Yet, the likelihood of creating new housing
and homeownership opportunities as
a result of SB 9 largely depends on local
context. While Senate Bill 9 does not
apply to single-family parcels in historic
districts, fire hazard zones, and rural
areas, local market prices and develop -
ment costs play a large role in determining
where there is financial viability for the
addition of new homes. Moreover, phys -
ical constraints, such as small lot sizes
and other local regulations, can limit the
number of new homes built as a result of
this bill. To assess the potential impact
of SB 9 on new housing supply, this anal-
ysis assesses the market feasibility of new
homes as allowed by the current version of
the Bill (as of July 2021).
2 This analysis finds that SB 9’s primary
impact will be to unlock incrementally
more units on parcels that are already
financially feasible under existing law,
typically through the simple subdivision
of an existing structure. Relatively few
new single-family parcels are expected
to become financially feasible for added
units as a direct consequence of this bill.

While this analysis does not attempt to
measure the actual rate of uptake for
adding new units to single-family parcels,
it is reasonable to assume that SB 9 will
modestly accelerate the addition of new
units relative to the status quo by facilitating
access to conventional mortgage products
for multiple households able to purchase
homes on newly subdivided single-family
parcels.

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3 Background
California’s recent housing laws have
largely failed to unlock significant housing
production changes that would ease
the ongoing housing and homelessness
crisis. One of the state’s more effective
housing solutions has been recent laws
removing barriers to the construction and
financing of ADUs. In 2016, Senate Bill
1069 and Assembly Bill 2299 expanded
the ability of homeowners to build ADUs
and Junior ADUs (JADUs). Subsequent
legislation (Assembly Bill 68, Assembly
Bill 881, Senate Bill 13) removed other
barriers to ADU development, including
lowering impact fees and removing owner
occupancy requirements. The impacts
of this legislation are already apparent
throughout the state. Published state data
demonstrates that the initial 2017 ADU
law had immediate impacts: California
jurisdictions went from issuing 5,911
ADU permits in 2018 to 15,571 in 2019,
with ADU completions following a similar
upward trend, more than tripling over the
same period (from 1,984 to 6,668 units)
(Figure 1).
3 The ADU laws that took effect in
2019 allowing two ADUs on single-family
parcels and more on multi-family parcels
are already having a significant impact
on gently adding density across the state
in single- and multi-family properties. In
early 2021, the City of Los Angeles reports
processing upwards of 20,000 ADUs
where ADUs make up nearly 40 percent of
all housing building permits, and the City
of San Jose reports that ADUs make up 38
percent of all housing building permits.
4 This progress signals the significance of
easing approvals and barriers to smaller-
scale, infill development in low-density
areas.

Figure 1. ADU Permits and Completions in California, 2018 and 2019 0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
Permits Completions
2018 2019
Source: Chapple, K., et. al. (2020). “Reaching California’s ADU Potential: Progress to Date and the Need for ADU Finance.” Retrieved from: https:// ternercenter .berkeley.edu/wp-content/uploads/2020/12/ADU-Brief-2020.pdf.

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4 The early success of recent ADU legisla -
tion has prompted lawmakers to examine
similar policies that would incrementally
unlock more homes in low-density urban
infill neighborhoods where the housing
crisis is particularly acute. Such poli-
cies would also align with state climate
change policies encouraging additional
homes near jobs and services to reduce
vehicle miles travelled. Last year, SB 1120
proposed allowing up to four units in
single-family-zoned parcels throughout
the state. Analysis by the Terner Center
of SB 1120 found that nearly six million
single-family parcels statewide would
theoretically be eligible, a significant
expansion of buildable area in Califor-
nia.
5 For example, if just 5 percent of those
parcels created new two-unit structures
as a result of SB 1120, that would have
resulted in 597,706 new homes. That’s
more than five times the number of new
homes that have been built in California
annually since 2015.
6 However, in a
session marked by the disruptions related
to the COVID-19 pandemic, SB1120 ran
out of time to be sent to the governor’s
desk, despite passing both the Assembly
and the Senate.

SB 9 was introduced with nearly identical
language to its predecessor, SB 1120, but as
the bill has progressed through the legisla-
tive process, some important changes have
been made. Most notably, properties that
have developed an ADU are not eligible for
the density or lot split provisions of SB 9,
and jurisdictions would have the option of
imposing owner-occupancy requirements
for lot split applicants, where the applicant
would have to make one of the units on
the site their primary residence for at least
one year. This owner-occupancy provision
has been added to address concerns that
current homeowners could be incentiv-
ized to sell to private entities interested in
speculative investment on single-family
parcels and to encourage use of the law to
create more opportunities for California
families to buy a home. The provisions also
ensure the law cannot be used to divide
homes occupied by renters as a measure
to prevent displacement. Other new provi-
sions have made the legislation potentially
more impactful. For example, SB 9 allows
more flexibility in how the lot is split.

SB1120 required that both newly created
lots be of equal size, potentially limiting
the number of instances where new homes
would be feasible. New language in SB 9
requires that one of the newly created
parcels only needs to be more than 40
percent of the original parcel size. Table 1
summarizes the key provisions of SB 9 as
of July 2021.

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5 Location
• The parcel, lot, or development must be located in a single-family residential zone. • The parcel cannot not be located in a historic district or be a historic property itself (as defined by the state or local county or city).
• The parcel cannot be located in a high fire zone area. • The parcel must be in a city whose boundaries include some portion of an urbanized area or urban cluster as designated by the U.S. Census Bureau.
• If the parcel lies in an unincorporated area, then the parcel at stake must be a legal parcel wholly within the boundaries of an urbanized area/cluster .

Parcel Size
• The parcel must be a minimum of 2,400 square feet in size. • The newly created parcel as a result of a lot split may not be smaller than 40 percent of the lot area of the original parcel.
• A locality cannot impose any standards that would preclude the construction of up to two units or physically precluding either of the two units from being at least 800 square feet in floor area. • A side and rear setback of up to four feet is allowed.

Anti-Displacement
• The lot split cannot require the demolition or alteration of a housing unit currently serving moderate-, low- or very-low income household(s) or a rent-controlled unit. • The lot split cannot result in the demolition or alteration of housing that has been occupied by a tenant in the last three years or where an owner has used the Ellis Act to remove a rental unit from the market within the last 15 years.
• A jurisdiction may impose an owner-occupancy restriction for lot splits, where the applicant must intend to occupy one of the housing units as their principal residence for a minimum of one year from the date of the approval of the urban lot split.

Other
• The parcel cannot have been created from a previous lot split as provided by this policy. • The same person (or another party acting on their behalf) cannot perform a lot split on adjacent lots.

Table 1: Eligibility Criteria Proposed for Split Lots Under SB 9

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6 To inform our model, several assump-
tions were made about market conditions
and trends. For example, all properties
with single-family detached land uses
were assumed to conform to zoning and
currently have exactly one existing unit
(e.g., no ADUs). In combination with tax
assessor data, we estimated the value of
each existing single-family property on
those parcels. MapCraft calculates stan-
dard development “pencil out” models
to compute snapshots of market feasi -
bility on every relevant parcel, both under
current policies and as proposed in SB 9.

These models are based on the financial
evaluations conducted by developers to
assess an investment’s viability early in
the development process by balancing the
cost of developing the site with expected
rental or sale income.
8 MapCraft’s models
of small-scale development look at finan -
cial feasibility from the perspectives of
owner-occupants, owner-occupant land -
lords, small-scale investors, and commer -
cial investors, with market-feasible unit
potential based on a probabilistic blend of
all possible development options. Finan-
cial expectations of investors and lending
terms are based on conversations with
industry professionals and are updated by
MapCraft regularly.

MapCraft’s calculations incorporate data
and assumptions about current rents, sales
prices, construction costs, and investors’
expected return on investment rates, and
are validated by ECONorthwest, a West
Coast economics consultancy. MapCraft’s
market demand information relies on
multiple sources, including CoStar, Zillow,
tax assessors, U.S. Census, and transaction
records. MapCraft’s construction cost
information is based on interviews and
RS Means. Finally, the modeling relies on
Methodology
It is unrealistic to assume that under SB
9, every single-family lot would be split,
or that every existing single-family home
would be demolished and replaced with
four new units. For example, some lots
may be too small, have other existing
structures or ADUs, have a history of
being rented, or other physical conditions
that prevent changes. Some owners may
have no interest in developing their prop -
erty. And finally, even if a property owner
is interested in pursuing new development
on their land, trying to recoup this invest -
ment with market-rate rental or sales
will prove financially infeasible in many
instances. To develop a better estimate
of the potential impact of SB 9 on new
supply, we conducted an analysis of how
many new homes would be both physically
eligible and financially feasible as a result
of SB 9, as well as what types of develop -
ment would be most likely, taking into
account on-the-ground market dynamics.

We partnered with MapCraft Labs, which
developed a financial feasibility model to
assess market-feasible housing capacity
on existing parcels with detached single-
family homes. The base layer for the
analysis is a parcel dataset from Urban -
Footprint which includes all counties in
California with populations greater than
45,000 people, and covers homes built
prior to 2020.
7 This dataset includes
roughly 7.5 million single-family parcels
across the state. We used MapCraft’s Lab
analysis tool to determine what types and
scales of housing development would be
feasible with an approach that considers
construction costs, market demand,
financing, land use policies, and individual
parcel characteristics.

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7 assumptions about parking requirements
based on previous Terner Center research,
typical unit sizes, and other factors that
inform development.
9 The provisions of SB 9 would allow for a
variety of development options. For this
analysis we examined the most likely devel-
opment scenarios as shown in Appendix B.

Our business-as-usual scenario evaluates
development feasibility for housing supply
changes currently permissible under
single-family zoning, while the alternative
policy scenario considers the additional
set of development options allowed under
SB 9. For example, under the business-as-
usual scenario, a homeowner may decide
to build an ADU but would only be able
to split the parcel into two lots, each with
two homes, under the alternative policy
scenario allowed under SB 9.

Our estimates also account for the fact that
SB 9 includes anti-displacement language
that prohibits alteration or demolition of
renter-occupied homes. To approximate
this, we used the percentage of single-
family home rentals in each census tract
(as determined by ACS data) to discount
results for development outcomes that
alter or demolish the existing structure.

We also examined the potential impacts
of owner-occupancy requirements by
removing financial scenarios that assume
all the new units are rentals, as well as
development scenarios that require demo-
lition of an existing structure. In addition,
we assumed that owners received a 25
percent discount for the unit they occu -
pied in split lot development scenarios.

Market-feasible capacity is not a
forecast of future production.

While this analysis identifies the number
of market-feasible units, in most cases
these market-feasible units will take years
to be developed, and some may never get
built. This analysis considers the market
feasibility of redevelopment on each
eligible single-family parcel in isolation,
and assumes that every property owner
is maximizing the economic potential of
their lot. However, that is not the case for
several reasons.

First, the most economically feasible use
does not consider the motivations and
preferences of individual property owners.

Any change in use requires the coopera -
tion of the owner, either to sell the site or
to redevelop it themselves. The economics
All Single-Family Parcels
Eligible Parcels
Market-Feasible
Parcels
Developed
Parcels
TBD
Figure 2: Production Funnel

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8 may suggest that the highest value of a
house may be to tear it down and rebuild
it into a much larger house, but if a home-
owner prefers a small house or the existing
architecture, they’re not going to rebuild.

Converting a house to a duplex and renting
out half may be most profitable for a home-
owner, but that will not happen if that
homeowner is uninterested in living more
closely with others in what was formerly
“their” space or in becoming a landlord or
homeseller. Even when a property owner
does wish to redevelop their site, they may
lack the upfront capital and sophistica -
tion to initiate the process; and then may
be unable to access financing due to a low
credit score or other underwriting barrier.

In addition, redevelopment does not
happen instantaneously; it requires home-
owner awareness and interest, available
construction industry capacity, a suitable
financing ecosystem and viable routinized
business models for development in order
to proceed. State ADU laws, for example,
have taken several years to ramp up as
awareness, delivery models, industry and
local agency capacity have adapted to law
changes. It is reasonable to assume that
it may take years for that capacity to fully
emerge in California if SB 9 becomes law.

Findings
SB 9 could enable the creation of
over 700,000 new homes that would
otherwise not be market feasible.

Under our business-as-usual scenario, we
estimate 1,800,000 new ADUS/JADUS
are currently market-feasible and could be
built under today’s zoning laws across Cali-
fornia’s 7,500,000 existing single-family
housing parcels. With SB 9, we estimate
that approximately 700,000 additional
new units would become market-feasible,
representing a 40 percent percent increase
in existing development potential across
California’s single-family housing parcels.

All Single-Family Parcels

7.5 million
Eligible Parcels

6.1 million
Market-Feasible Parcels
~410,000
(including 110,000
newly feasible parcels)
Developed
Parcels
TBD
Figure 3: Parcel Development Funnel (Total Numbers)

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9 SB 9 would enable the development
of more units on 410,000 single-
family parcels, of which only 110,000
parcels would become newly feasible.

Overall, SB 9 would change the
development feasibility of a relatively small
number of parcels. First, the conditions
stipulated by the legislation limit the
number of parcels that can utilize the bill’s
provisions, as illustrated in Figure 3. For
example, the bill’s current limitations
on new development in high fire hazard
areas, historic districts, non-urbanized
areas, and existing renter homes removes
approximately 1.4 million existing single-
family homes from consideration.
10 Of
the 6.1 million remaining parcels, the
majority would not be affected because
of an absence of physical capacity or
financial feasibility. However, on 5.4
percent of current single-family parcels,
SB 9 would enable new development. For
110,000 single-family parcels (1.5 percent
of total single-family parcels), SB 9 would
enable new development where none was
financially feasible before, and for another
300,000 parcels, SB 9 would allow for
more units than under our business-as-
usual scenario.

For the majority of single-family proper -
ties, we find the most financially viable
outcome is not to pursue any develop -
ment whatsoever, both under our busi -
ness-as-usual scenario and under our SB
9 scenario.

Under our assumptions about today’s
regulations, market conditions, and devel-
opment alternatives, we found that doing
nothing was the most likely option for
California’s single-family parcels: devel -
opment is not feasible for 80 percent
of parcels (Figure 4). If SB 9 passed,
110,000 parcels would be newly devel-
opable, causing the share of infeasible
parcels to tick down slightly to 78 percent.

The primary benefit of SB 9 comes from
allowing slightly more units on parcels
where development already makes sense
and in opening up any added units to
homeownership opportunities through the
ability to legally subdivide those parcels.

Figure 4. Likely Parcel Feasibility By Number of Feasible Units 78%
80%
1%
1%
12%
16%
7%
4%
2%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Under SB 9
Business-As-Usual
No feasibility 1 New Unit 2 New Units 3 New Units 4 New Units

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10 SB 9 is unlikely to lead to significant
demolition of the existing stock.

We found that nearly 97 percent of single-
family homes would be retained under SB
9’s provisions, either without any modifi-
cation or with less intensive development
(e.g., subdividing the existing structure
to enable a duplex conversion). In many
places, existing zoning allows homes to
be demolished and replaced with larger
single-family homes, which we found was
the most financially attractive scenario on
1 percent of all single-family parcels under
our business-as-usual scenario. Under SB
9, the likelihood of tearing down a single-
family home and replacing it with a larger
single-family home falls by half to 0.5
percent due to other viable development
opportunities.

While SB 9 would provide a boost
in three- and four-unit feasibility,
duplexes would be the most domi-
nant form of financially-feasible
development.

The majority of viable development oppor-
tunities should SB 9 be enacted would
result in two units per existing lot (Figure
5). Duplexes comprise an important block
of this new capacity, accounting for 35
percent of all new units, two thirds of
which would be in converted existing
single-family homes. SB 9 would also
enable a somewhat higher total number of
feasible units by allowing greater uptake
of three- and four-unit development.

Figure 5. Estimates of Parcels with Feasible Capacity Under SB 9 0 100,000
200,000
300,000
400,000
500,000
600,000
700,000
800,000
900,000
1,000,000
1 Unit (1 for 1
replacement of existing
home)
2 Units 3 Units 4 Units

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11 There is wide regional variation in
market-feasible units.

The amount of new market-feasible units
varies by region. Los Angeles County
resulted in the most new market-feasible
units under SB 9 with approximately
126,000 new homes. While significant,
Los Angeles County also comprises both
the most single-family parcels and SB 9
eligible parcels (Table 2). Analyzing new
market-feasible units per eligible single-
family parcel finds that Yuba, El Dorado,
Sutter, and Nevada counties would see
the most new market-feasible potential
per parcel, although the overall number
of new feasible units is relatively low
compared to larger counties. Many coastal
California counties exhibited higher than
average per parcel unit ratios, such as
Marin, Santa Cruz, San Luis Obispo, and
Santa Barbara counties, signaling that
rents and sales prices there could support
new homes resulting from SB 9. Mean-
while, most Central Valley counties, such
as Fresno, Merced, Kern, and Stanislaus,
showed below average potential for new
homes per parcel, reflecting lower finan-
cial feasibility. For a list of all county
results, see Appendix A. At the city level,
the state’s most populous jurisdictions
were all below average for market-feasible
units per parcel, as shown in Table 3.

Owner-occupancy requirements
would have a limited negative impact
on the market feasibility of devel-
opment pursuant to SB 9, but they
could have a much larger impact on
actual delivery of units under SB 9.

SB 9, as currently written, allows juris-
dictions to impose owner-occupancy
requirements for lot split applicants, but
not for duplex conversions. Our analysis
finds that, if every jurisdiction imposed
owner-occupancy requirements, the total
financially feasible units enabled by SB 9
would decrease by roughly 6 percent, or
approximately 40,000 units. This limited
impact reflects the fact that our model
indicates only 10 percent of new units
under SB 9 would be attributable to lot
splits.

While the owner-occupancy requirement
would have only a modest impact on the
financial viability of new units, it may have
a significant effect on the number of owners
willing to actually pursue new develop -
ment on their properties. By preventing
owners from splitting a lot unless they
plan to live there themselves for at least
a year, or from allowing a developer to
take on development involving a lot-split
pursuant to SB 9, the owner-occupancy
requirement may reduce the number of
homes that will result from SB 9.

Shifts in construction costs and
rental and sales prices could change
development feasibility.

In addition to assessing the potential
impact of SB 9 using current market
conditions, we also ran a sensitivity anal-
ysis to examine the potential impact of SB
9 under different market scenarios. Our
analysis found that a 10 percent decrease
in construction costs could increase the
amount of market-feasible units by 5
percent, or roughly 36,000 more units
than the 700,000 baseline impact of SB

9. Local and state policymakers should
therefore also consider policies that could
help reduce the costs of production to
enable policies such as SB 9 to work more
effectively in more places. In the oppo -
site direction, we found that a 10 percent
increase in construction costs lowers
development feasibility by 4.5 percent,
or by approximately 32,000 units. Our

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12 County
Total single-
family
parcels
SB 9-eligible
parcels
Parcels
where SB
9 would
increase
the number
of market-
feasible
units
Parcels
where SB
9 changes
feasible
outcome
from no net
new units to
1+ net new
units*
Total
market-
feasible new
units if SB 9
is enacted**
Total
market-
feasible new
units divided
by SB 9
eligible lots
Los Angeles 1,441,000 1,210,500 79,500 18,000 127,000 0.10 San Diego 554,500 398,500 28,500 9,000 54,500 0.14
Orange 557,000 486,000 26,500 8,500 47,000 0.10
Riverside 563,000 483,000 36,500 10,000 62,500 0.13
San
Bernardino 493,000 385,000 32,000 8,000 56,500 0.15
Santa Clara 331,000 319,500 22,000 8,500 40,000 0.13
Alameda 306,500 277,000 16,000 3,500 25,000 0.09
Sacramento 369,500 360,500 25,000 5,000 40,500 0.11
Contra Costa 263,500 239,000 20,000 7,500 38,000 0.16
Fresno 203,500 186,000 5,500 500 10,500 0.06
Statewide
totals
(excluding
counties
with pop.
under
45,000)
7,470,500 6,182,500 410,000 111,500 714,000 0.12 Table 2. SB 9-Eligible Parcels and Market-Feasible New Units by Largest Counties *Note: This is a subset of the parcels where SB 9 would increase the number of market-feasible units. **Note: Market-feasible new units are rounded.

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13 City
Total single-
family
parcels
SB 9-eligible
parcels
Parcels
where SB
9 would
increase
the number
of market-
feasible
units
Parcels
where SB
9 changes
feasible
outcome
from no net
new units to
1+ net new
units**
Total
market-
feasible new
units if SB 9
is enacted
Total market
feasible new
units divided
by SB 9
eligible lots
Los Angeles 447,500 355,000 23,000 6,000 37,500 0.11
San Diego 203,500 133,000 7,000 3,000 13,000 0.10
San Jose 168,500 168,000 10,500 2,500 16,000 0.10
San Fran-
cisco 94,500 93,500 6,500 500 8,500 0.09
Fresno 104,000 104,000 2,000 100 4,000 0.04
Sacramento 116,500 116,000 6,500 800 9,500 0.08
Long Beach 59,500 58,500 3,000 200 3,500 0.06
Oakland 66,500 51,000 3,000 100 3,500 0.07
Bakersfield 87,500 87,500 5,000 2,000 9,000 0.10
Anaheim 43,000 36,000 2,500 1,000 4,000 0.11
Table 3. SB 9-Eligible Parcels and Market-Feasible New Units by Most Populous California Cities*
*Note: This is a subset of the parcels where SB 9 would increase the number of market-feasible units. **Note: Market-feasible new units are rounded.

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14 model also analyzed sensitivity to changes
in rental and sales prices. We found that
a 10 percent increase in prices resulted in
an 8 percent increase in market-feasible
units, or roughly 57,000 more units.

Policy Implications
A significant amount of land in California
has historically been designated for single-
family homes, limiting the development of
a greater diversity of urban infill housing
options in jurisdictions across the state.

Solving California’s housing crisis—let
alone tackling the challenges of climate
change and residential segregation—
requires policies that intensify land use in
these communities. California’s statewide
ADU laws were a step in the direction of
gently adding more density to simulta -
neously address the housing, climate,
and equity challenges faced by the state.

But, in other ways, California lags behind
other states in its land use regulations
and dogged resistance to changing single-
family zoning. For example, the state of
Oregon recently required jurisdictions to
allow multifamily housing—either two or
three units—on all single-family parcels.

Some cities have gone even further, such
as Portland and Minneapolis, both of
which have voted to loosen allowable
homebuilding on single-family parcels.

While many cities in California—including
Los Angeles, San Diego, San Jose, Sacra-
mento, Berkeley, and Oakland—are
exploring similar options, SB 9 could play
an important role in enabling the construc-
tion of a significant amount of new house
options that are smaller-scale, more
cost-effective, more varied, and inclusive
across the urban areas of the state.

Our analysis shows that approximately
700,000 new, market-feasible homes
would be enabled under SB 9. But despite
the concerns of some of its detractors,
SB 9 will not lead to the overnight trans-
formation of residential neighborhoods.

Differential owner preferences and limited
applicability means that only a share of
that potential is likely to be developed,
particularly in the near term as aware-
ness and capacity expands. As such, while
important, the new units unlocked by SB
9 would represent a fraction of the overall
supply needed to fully address the state’s
housing shortage.

Policymakers should consider comple -
mentary strategies to ensure that this
legislation is effective. These strategies
could include outreach to make sure that
homeowners are aware of and understand
the opportunities allowed by recent policy
changes, either through SB 9 or existing
ADU laws, and the expansion of more
robust financing options to moderate- and
low-income owners who wish to add new
units to their parcels. Increasing housing
production in single-family zoned areas
is also not the only policy shift that is
needed. Policymakers should add addi -
tional tools to boost supply overall,
including by expanding permissible
residential development on commercial
property and by further reducing local
barriers to new housing through expe -
dited approval processes for conforming
projects and reform of the local regula-
tory barriers and fees.

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APPENDIX A
County Name Existing SFR
Lots
SFR Lots
Eligible for
SB 9
Additional Lots
with 1+ Unit
Capacity Under
SB 9
SB 9 Net
Change in
Market-
Feasible Units*
SB 9 Net Units
Per Eligible Lot
Alameda 306,306 276,795 3,633 25,000 0.09
Butte 65,020 32,720 47 3,000 0.09
Contra Costa 263,303 238,957 7,438 38,000 0.16
El Dorado 57,386 19,133 583 4,500 0.24
Fresno 203,474 185,908 564 10,500 0.06
Humboldt 35,672 22,560 93 2,500 0.11
Imperial 33,036 27,002 76 1,500 0.06
Kern 216,321 174,219 2,226 14,500 0.08
Kings 29,045 26,784 87 1,500 0.06
Lake 27,095 10,257 60 1,000 0.10
Los Angeles 1,441,148 1,210,729 18,130 127,000 0.10
Madera 35,785 22,474 1,196 4,500 0.20
Marin 60,998 46,841 2,163 9,500 0.20
Mendocino 19,350 8,949 90 1,500 0.17
Merced 55,676 51,972 106 2,500 0.05
Monterey 75,348 55,097 845 6,000 0.11
Napa 31,248 25,890 1,108 5,000 0.19
Nevada 43,090 5,618 199 1,500 0.27
Orange 557,820 485,756 8,730 47,000 0.10
Placer 125,458 94,273 1,448 13,000 0.14
Riverside 562,935 482,821 10,149 62,500 0.13
Appendix Table 1. County-Level Results

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APPENDIX A
County Name Existing SFR
Lots
SFR Lots
Eligible for
SB 9
Additional Lots
with 1+ Unit
Capacity Under
SB 9
SB 9 Net
Change in
Market-
Feasible Units*
SB 9 Net Units
Per Eligible Lot
Sacramento 369,605 360,485 5,006 40,500 0.11
San Benito 12,747 9,940 740 2,500 0.25
San Bernardino 492,806 385,243 7,848 56,500 0.15
San Diego 554,502 398,386 9,015 54,500 0.14
San Francisco 94,400 93,514 486 8,500 0.09
San Joaquin 164,796 147,577 2,159 14,000 0.09
San Luis Obispo 75,016 53,068 1,229 8,500 0.16
San Mateo 151,508 134,531 3,112 17,000 0.13
Santa Barbara 91,540 75,399 1,506 10,000 0.13
Santa Clara 331,232 319,319 8,527 40,000 0.13
Santa Cruz 54,817 43,522 1,422 8,000 0.18
Shasta 55,366 25,997 402 3,500 0.13
Solano 110,592 105,962 684 8,500 0.08
Sonoma 124,610 103,452 2,688 16,500 0.16
Stanislaus 123,922 116,754 1,542 9,500 0.08
Sutter 24,707 19,357 1,111 4,000 0.21
Tehama 18,504 7,903 35 500 0.06
Tulare 104,235 86,679 1,096 6,000 0.07
Tuolumne 25,386 995 1 100 0.10
Ventura 184,033 135,836 1,604 14,500 0.11
Yolo 43,761 40,940 550 4,500 0.11
Yuba 16,743 13,064 2,016 4,500 0.34
Statewide Total 7,470,342 6,182,678 111,746 714,100 0.12 Appendix Table 1. County-Level Results (Continued)
+Note: Parcels that could have feasibly built ADUs or JADUs in a pre-SB 9 scenario are not included in the “New Market-Feasible Lots Under SB 9” category in this table, even if our analysis found that under SB 9, they could now feasibly build three or four units. As a result, per lot averages of new feasible units will yield results higher than four units per lot. *Note: Market-feasible new units are rounded

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APPENDIX B
Specific Modeling Assumptions
The following assumptions were incorporated into MapCraft’s analysis of SB 9.

Allowed Prototypes
The prototypes in the following tables were evaluated on each site.

Keep Existing Structure Demo Existing Structure
Do nothing Build new single-family residence (SFR)
Add detached ADU (DADU) Build new SFR + detached ADU (DADU) JADU conversion + DADU Build new SFR + DADU + JADU
Convert to duplex Build duplex
Convert to duplex + DADU Build duplex + DADU
Convert to duplex + DADU + JADU Build duplex + DADU + JADU Appendix Table 2. Prototype Options When SB 9’s Lot Split Provision Is NOT Used Italicized indicates outcomes that are possible in the business-as-usual scenario under current single-family zoning, without SB 9.

Keep Existing Structure Demo Existing Structure and
Create Two Lots
Subdivided Lot with Existing
Structure New Lot Build two new SFR
Do nothing SFR Build two new SFR + ADU
Add detached ADU (DADU) SFR Build two new SFR + JADU + ADU JADU conversion SFR Build two new duplexes
JADU conversion + DADU SFR
Duplex conversion SFR
Do Nothing SFR + ADU
Add detached ADU (DADU) SFR + ADU
JADU conversion SFR + ADU
JADU conversion + DADU SFR + ADU
Duplex conversion SFR + ADU
Do nothing SFR + JADU + ADU
Add detached ADU (DADU) SFR + JADU + ADU
JADU conversion SFR + JADU + ADU
JADU conversion + DADU SFR + JADU + ADU
Duplex conversion SFR + JADU + ADU
Do nothing Duplex
Add detached ADU (DADU) Duplex
JADU conversion Duplex
JADU conversion + DADU Duplex
Duplex conversion Duplex
Appendix Table 3. Prototype Options When Using SB 9’s Lot Split Provision

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Attachment: Terner Center Report on SB 9 (SB 9 Urgency Ordinance Extension) For new-built duplex prototypes, MapCraft evaluated both stacked and side-by-side vari- ations at a variety of scales. Also, four scales of single-family prototypes were tested. In total, 652 pro formas were evaluated on each parcel.

Data Inputs
The parcel data for this analysis was provided by UrbanFootprint and includes approxi- mately 7.5 million parcels: all parcels with single-family dwellings in California counties with populations greater than 45,000 people.

For the purposes of this work, all properties with single-family detached land use were assumed to currently have one existing unit (i.e., no ADUs) and single-family zoning that limited development of multiple primary units. To support the assumption, UrbanFoot- print scanned zoning in a sample of cities, finding that the vast majority of parcels with single-family homes are zoned for single-family. UrbanFootprint’s parcel data included information on each lot and the single-family homes on those lots. In combination with tax assessor data, the value of each existing single-family property was estimated in the second quarter of 2020.

To be realistic about the policy constraints that limit development under current policies and SB9, MapCraft relied on coarse zoning-like limitations interpolated from homes built in each tract between 2005 and 2020. MapCraft assumed that developments on a parcel would need to conform to the 90th percentile of height, FAR, and lot coverage of other recently built homes in the same census tract. In other words, MapCraft assumed that plexes would be held to the same bulk restrictions as newer single-family homes.

MapCraft’s financial calculations incorporated data and assumptions about early 2020 rents, sales prices, construction costs, and investors’ expected return rates, which were validated by ECONorthwest and Economic & Planning Systems, two West Coast economics consultancies. Early 2020 data was used given the volatility of both the rental and for-sale prices during the COVID-19 pandemic. MapCraft’s market demand informa- tion relied on multiple sources, including CoStar, Zillow, tax assessors, U.S. Census, and transaction records. MapCraft’s construction cost information was based on interviews with cost observations localized based on RS Means. Financial expectations of investors and lending terms were based on MapCraft’s conversations with industry professionals.

Finally, the modeling relied on assumptions about parking requirements, typical unit sizes, development fees, and other factors that inform development. The Terner Center provided input on parking and fees that were incorporated into the analysis.

Tenancy-Based Eligibility Restrictions
SB 9 prohibits demolition or alteration of renter-occupied housing. To address this, Mapcraft used the percentage of single-family rentals in each tract (per the U.S. Census) to discount results for outcomes that require demolition of the existing structure.

SB 9 also allows jurisdictions to impose certain owner-occupancy requirements. Mapcraft tested the impact of this provision by running bookend scenarios at two extremes: 1) no jurisdictions impose owner-occupancy restrictions, and 2) all jurisdictions impose

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Attachment: Terner Center Report on SB 9 (SB 9 Urgency Ordinance Extension) owner-occupancy restrictions. To model the owner-occupancy requirement, Mapcraft disallowed all-rental valuation options and prototype options that required demolition of the existing structure. Mapcraft also tested the imposition of a risk premium threshold that eliminates any second split lot prototypes that do not generate residual land values that exceed the reduced value of the original property by 25 percent.

Notably, the results do not estimate the number of owner-occupants that may pursue development given an owner-occupancy requirement.

Lot Splitting Limitations
MapCraft used the following assumptions in modeling the ability of a parcel to split into two lots:
• Lots smaller than 2,400 square feet cannot be split.
• In cases where the existing structure is retained, the lot must have at least 4,000 sq ft of unbuilt area (after deducting the footprint of the existing structure from the lot size).

Parking Provision
MapCraft used Terner Center’s California Residential Land Use Survey to help define parking delivery minimums. Even if a jurisdiction’s code or SB 9 eliminates parking requirements, demand for parking may still exist, and developers will still provide parking. MapCraft assumed that developers will provide at least the parking ratios shown in Appendix Table 4.

Within ½ Mile of High-Capacity
Transit Not Near High-Capacity Transit
Small Units (2 Bedrooms or
Fewer) 0.5 stalls/unit 1 stall/unit
Large Units (3+ Bedrooms) 1 stall/unit 2 stalls/unit
Appendix Table 4. Assumptions of Minimum Demanded Parking for New Construction In prototypes where a small unit is added without a lot split or demolition of the existing structure, MapCraft assumed that no new parking spaces will be added.

Relaxed Zoning Restrictions
SB 9 prohibits local jurisdictions from imposing zoning standards on two-unit develop - ments or newly split lots that would physically preclude the construction of up to two units, or that would preclude units from being at least 800 square feet. To reflect this, MapCraft increased the existing zoning restrictions on FAR, lot coverage, and impervious coverage. FAR was relaxed by increasing the allowed FAR by one quarter, lot coverage was relaxed by one quarter up to 75 percent coverage, and impervious coverage was increased one quarter up to 90 percent coverage.

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ENDNOTES

1. It is often difficult for a homeowner to finance an ADU. Few loan products exist to finance ADU construction, and those that are available often do not go far enough to cover the costs of development. See https://ternercenter.berkeley.edu/research-and-policy/ reaching-californias-adu-potential-progress-to-date-and-the-need-for-adu-finance/.

2. Senate Bill 9: Housing development approvals, April 27, 2021. https://leginfo.legis - lature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=202120220SB9

3. Chapple, K., et. al. (2020). “Reaching California’s ADU Potential: Progress to Date and the Need for ADU Finance.” Retrieved from: https://ternercenter.berkeley.edu/wp-con - tent/uploads/2020/12/ADU-Brief-2020.pdf.

4. 2021 Casita Coalition Best Practices Webinar Series. https://www.youtube.com/ playlist?list=PLRPPog7f6IzVUuadN9ED5HztZGU_tgY32

5. Garcia, D., Tucker, J. & Schmidt, I. (2020). “Single-Family Zoning Reform: An Analysis of SB 1120.” Terner Center for Housing Innovation, UC Berkeley. Retrieved from: https://ternercenter.berkeley.edu/wp-content/uploads/2020/12/Single-Family_ Zoning_Reform_An_Analysis_of_SB_1120.pdf.

6. On average, California added roughly 100,000 new homes each year between 2015 and 2019. California Industry Research Board, “Housing Production in California, 2005- 2019”.

7. The following counties are not included: Calaveras, Siskiyou, Amador, Lassen, Glenn Del Norte, Colusa, Plumas, Inyo, Mariposa, Mono, Trinity, Modoc, Sierra, and Alpine.

8. For more information on the financial dynamics of development decisions, see our 2019 brief “Making it Pencil: The Math Behind Housing Development”.

9. Mawhorter, S. & Reid, C. (2018). Terner California Residential Land Use Survey.

Berkeley, CA: University of California, Berkeley. Retrieved from: https://californialan - duse.org/.

10. Historic areas were determined using National Park Service data, which does not include local or state historic designations.

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ACKNOWLEDGMENTS
Thank you to the Terner Center team including Issi Romem, Carolina Reid, and Elizabeth Kneebone for their review and expertise as well as Paavo Monkkonen and Denise Pink - ston for their input and feedback. Also, thank you to UrbanFootprint for the use of their statewide parcel dataset.

This research does not represent the institutional views of UC Berkeley or of Terner Center’s funders. Funders do not determine research findings or recommendations in Terner Center’s research and policy reports.

ABOUT THE TERNER CENTER
The Terner Center formulates bold strategies to house families from all walks of life in vibrant, sustainable, and affordable homes and communities. Our focus is on generating constructive, practical strategies for public policy makers and innovative tools for private sector partners to achieve better results for families and communities.

For more information visit: www.ternercenter.berkeley.edu

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CITY COUNCIL

STAFF REPORT

MEETING DATE: February 14, 2022

ITEM TITLE: Consideration of Adopting a Resolution Declaring the Need for City Council and Commissions to Continue Conducting Meetings Remotely, Pursuant to Assembly Bill 361; and Discuss and P rovide Direction on Returning to In - Person Meetings.

RECOMMENDATION:

Staff recommends that the City Council discuss and consider returning to in -person meetings beginning March 14, 2022 and adopt a Resolution renewing its declaration for the City Counci l and Commissions to continue conducting meetings remotely, pursuant to Assembly Bill (“AB”) 361, in order to hold Council and Commission meetings remotely through March 13, 2022.

FISCAL IMPLICATIONS:

None.

BACKGROUND:

On March 4, 2020, Governor Newso m of California proclaimed a state of emergency in response to the outbreak of the novel coronavirus (COVID -19). Then on March 17, 2020, the Governor issued Executive Order N -29-20, easing Brown Act restrictions to allow for local legislative bodies to hol d their meetings via teleconference. This enabled the San Carlos Council and staff to continue to safely conduct public meetings with public participation via teleconference, while adhering to the County of San Mateo Health Officer’s "shelter -in-place" order.

On June 11, 2021, Governor Newsom issued Executive Order N -08-21, which among other things, rescinded his prior Executive Order N -29-20 and set a date of October 1, 2021 for agencies to return to public meetings held in full compliance with the Brown Act. On August 23, 2021, the City Council decided to shift to a hybrid meeting approach, which would allowed the public to continue participating remotely while Councilmembers, Commissioners, and staff would meet in person. However, due to a spike in COVID-19 cases throughout the state and the San Mateo County Health Department’s issuance of a health order requiring masks indoors in public places regardless of vaccination status starting August 3, 2021, the Council opted to continue remote meetings for the safety of everyone.

On September 16, 2021, Governor Newsom approved AB 361 allowing local legislative bodies to continue to meet remotely if they meet three criteria:

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2 1. The local agency holds a meeting during a declared state of emergency;

2. State or local officials have imposed or recommended measures to promote social distancing; and

3. Legislative bodies have determined that meeting in person would present imminent risks to the health or safety of attendees.

Council adopted Resolution 2021 -093 on Septembe r 27, 2021, declaring the need for the City Council and Commissions to continue conducting remote meetings. Since October 25, 2021, the City Council has adopted a Resolution each month renewing its declaration to continue meeting remotely for the next 30 days.

ANALYSIS:

On February 7, 2022, Governor Newsom announced that the indoor masking requirement for vaccinated people will end on February 15, 2022, and the following day, San Mateo County to announced that it will align with the State’s mask mandate.

Staff is ready to begin testing the Council Chambers and meeting rooms to accommodate a hybrid meeting, allowing City Council, Commissioners, designated staff and the public to attend meetings in-person, while continuing the option for public participation via Zoom. Staff is looking to the Council to provide direction on when to begin this hybrid meeting approach. The earliest staff will be prepared for in-person meeting is March 14th.

If Council does not adopt a Resolution this evening to renew the de claration, Council and Commission meetings will need to transition back to in -person public meetings beginning February 16, 2022.

Pursuant to AB 361, this Resolution must be passed by majority vote of the City Council to continue meeting remotely under t he modified Brown Act requirements. Staff recommends Council approve the R esolution to continue conducting remote meetings as state requirements and mandates can change again in the future at any time.

ALTERNATIVES:

The alternatives available to the Council include:

1. Provide direction to staff on returning to in -person meetings on March 14, 2022 and adopt a Resolution renewing its declaration on the need for City Council and Commissions to continue conducting its meetings remotely, pursuant to AB 361, through March 13, 2022; or

2. Do not adopt the Resolution and proceed to transition the City Council and Commissions back to in-person meetings beginning February 16, 2022; or

3. Provide staff with alternative direction.

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3 Respectfully submitted by:

Crystal Mui,
City Clerk

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution

2. AB 361

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RESOLUTION NO. 2022- _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

RENEWING ITS DECLARATION ON THE NEED FOR CITY COUNCIL AND COMMISSIONS

TO CONTINUE CONDUCTING MEETINGS REMOTELY,
PURSUANT TO ASSEMBLY BILL 361.

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus (COVID-19); and

WHEREAS, on March 1 2, 2020, the City Council adopted Resolution 2021-013 ratifying and extending the proclamation of the existence of a local emergency caused by COIVD-19; and

WHEREAS, on March 17, 2020, in response to the COVID -19 pa ndemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N -29-20, City staff set up Zoom meetings for all City Council and Commission meetings; and

WHEREAS, on August 3, 2021, in response to the Delta variant, the San Mateo County Health Department ordered all individuals to wear masks when inside public spaces and maintain social distancing; and

WHEREAS, on September 27, 2021, pursuant to Assembly Bill 361, the City Council adopted Resolution 2021-093 declaring the need for City Council and Commissions to continue conducting meetings remotely due to health and safety concerns; and

WHEREAS, since October 25, 2021, the City C ouncil has adopted a Resolution each month renewing its declaration for the need for the City Council and Commissions to continue conducting meetings remotely due to health and safety concerns, pursuant to AB 361; and

WHEREAS, on February 7, 2022, Governor Newsom announced that the indoor masking requirement for vaccinated people will end on February 15, 2022, and the following day, San Mateo County announced that it will align with the State’s mask mandate; and

WHEREAS, sta ff recommends Council adopt a Resolution to continue conducting meetings remotely for the next 30 days, while staff begins to prepare the Council Chambers and meeting rooms to accommodate a hybrid meeting, allowing City Council, Commissioners, designated staff and the public to safely attend meetings in -person, while continuing the option for public participation via Zoom.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby makes the following findings, in compliance with AB 361, and in order to continue to teleconference under the modified Brown Act requirements:

a. The City Council has reconsidered the circumstances of the state of emergency; and

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b. The state of local emergency continues to directly impact th e ability of the City Council and its Commissions, as well as staff and members of the public from meeting safely in person; and
c. San Mateo County Health orders require unvaccinated individuals in public spaces to maintain social distancing; however the Cit y is not yet ready to provide an option that would maintain the social distancing requirement for unvaccinated individuals.

BE IT FURTHER RESOLVED , that the San Carlos City Council and Commission meetings will continue to be conducted remotely for the next 30 days in compliance with AB 361 to better ensure the health and safety of staff and the public. Meanwhile, City staff will prepare for hybrid public meetings to begin on _______________.

*****

I, Crystal Mui, City Clerk, hereby certify that the fo regoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 14th day of February 2022, by the following vote:

AYES, COUNCILMEMBERS: ______________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________

________________________________
CITY CLERK of the City of San Carlos

APPROVED:

___________________________
MAYOR of the City of San Carlos

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Attachment: Resolution (Assembly Bill 361)
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Ri vas. Open meetings: state and local agencies:
teleconferences.
(1)  Existing la w, the Ralph M. Bro wn Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and pro viding for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory o ver which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allo wed to address the le gislative body at each teleconference location, that the le gislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agenc y’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain pro visions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing la w, the California Emer gency Services Act, authorizes the Governor, or the Director of Emer gency Services when the go vernor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Bro wn Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

92 11.a.2
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resolving requests for reasonable accommodation for indi viduals with disabilities, as specified.

This bill, until January 1, 2024, w ould authorize a local agenc y to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Bro wn Act when a le gislative body of a local agency holds a meeting during a declared state of emer gency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill w ould require le gislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allo w members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the le gislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which pre vents the public agenc y from broadcasting the meeting, or in the e vent of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill w ould prohibit the le gislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the le gislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill w ould require a le gislative body to mak e specified findings not later than 30 days after the first teleconferenced meeting pursuant to these pro visions, and to mak e those findings e very 30 days thereafter, in order to continue to meet under these abbre viated teleconferencing procedures.

Existing law prohibits a le gislative body from requiring, as a condition to attend a meeting, a person to re gister the person’s name, or to pro vide other information, or to fulfill an y condition precedent to the person’ s attendance.
92 — 2 — Ch. 165

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This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2)  Existing law, the Bagle y-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be ph ysically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagle y-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allo wed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for indi viduals with disabilities, as specified.

This bill, until January 31, 2022, w ould authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to mak e public meetings accessible telephonically, or otherwise electronically , to all members of the public seeking to observ e and to address the state body . With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of e xisting law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and of fer public comment. The bill w ould require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as pro vided. The bill w ould urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3)  Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body or ganization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, w ould authorize, subject to specified notice and accessibility requirements, a le gislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 — 3 —

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to mak e public meetings accessible telephonically , or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a le gislative body holding a public meeting pursuant to these pro visions, the bill w ould suspend certain requirements of e xisting la w, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a le gislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically w ould satisfy an y requirement that the legislative body allow members of the public to attend the meeting and of fer public comment. The bill w ould require that each legislative body that holds a meeting through teleconferencing pro vide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)  This bill would declare the Le gislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to impro ve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5)  This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6)  The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts la ws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7)  Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8)  This bill w ould declare that it is to tak e effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a)  Notwithstanding any other pro vision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 — 4 — Ch. 165

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and mak e public meetings accessible telephonically , or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a le gislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the le gislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a le gislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the le gislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observ e and address the meeting telephonically or otherwise electronically , consistent with the notice and accessibility requirements in subdi visions (d) and (e), shall ha ve satisfied any requirement that the le gislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from indi viduals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving an y doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is gi ven of the means by which members of the public may observ e the meeting and of fer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for , each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 Ch. 165 — 5 —

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(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observ e the meeting and offer public comment. As to any instance in which there is a change in the means of public observ ation and comment, or an y instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication a vailable at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the le gislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparenc y and pro vide the public access to legislative body meetings.
(g)  This section shall remain in ef fect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding an y other pro vision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observ e and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be ph ysically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observ e and address the meeting telephonically 92 — 6 — Ch. 165

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or otherwise electronically , consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not mak e available any physical location from which members of the public may observ e the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allo ws members of the public to observ e and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from indi viduals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving an y doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is gi ven of the means by which members of the public may observ e the meeting and of fer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for , each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observ e the meeting and offer public comment. As to any instance in which there is a change in the means of public observ ation and comment, or an y instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication a vailable at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’ s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in ef fect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch. 165 — 7 —

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54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agenc y, except as otherwise pro vided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agenc y. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the le gislative body shall participate from locations within the boundaries of the territory o ver which the local agenc y e xercises jurisdiction, e xcept as pro vided in subdivisions (d) and (e). The agenda shall pro vide an opportunity for members of the public to address the le gislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a le gislative body, the members of which are in dif ferent locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agenc y from pro viding the public with additional teleconference locations.
(c)  (1)  No legislative body shall tak e action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdi vision (d) of Section 3511.1, during the open meeting in which the final action is to be tak en. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 — 8 — Ch. 165

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(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials ha ve imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority v ote, whether as a result of the emer gency, meeting in person w ould present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emer gency, meeting in person w ould present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdi vision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch. 165 — 9 —

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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also gi ve notice of the means by which members of the public may access the meeting and of fer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The le gislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which pre vents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the e vent of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall tak e no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The le gislative body shall not require public comments to be submitted in advance of the meeting and must pro vide an opportunity for the public to address the le gislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local le gislative body, that requires registration to log in to a teleconference may be required to re gister as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to re gister, pursuant to subparagraph (F), to pro vide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not pro vide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to re gister pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that pro vides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to re gister, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 — 10 — Ch. 165

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(3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the le gislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdi vision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the le gislative body of a local agenc y in person, e xcept as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal ci vil rights la ws, including, b ut not limited to, an y applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agenc y. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the le gislative body 92 Ch. 165 — 11 —

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shall participate from locations within the boundaries of the territory o ver which the local agenc y e xercises jurisdiction, e xcept as pro vided in subdivisions (d) and (e). The agenda shall pro vide an opportunity for members of the public to address the le gislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a le gislative body, the members of which are in dif ferent locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agenc y from pro viding the public with additional teleconference locations.
(c)  (1)  No legislative body shall tak e action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdi vision (d) of Section 3511.1, during the open meeting in which the final action is to be tak en. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 — 12 — Ch. 165

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2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials ha ve imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority v ote, whether as a result of the emer gency, meeting in person w ould present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emer gency, meeting in person w ould present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdi vision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also gi ve notice of the means by which members of the public may access the meeting and of fer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The le gislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which pre vents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the e vent of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall tak e no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The le gislative body shall not require public comments to be submitted in advance of the meeting and must pro vide an opportunity for 92 Ch. 165 — 13 —

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the public to address the le gislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local le gislative body, that requires registration to log in to a teleconference may be required to re gister as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to re gister, pursuant to subparagraph (F), to pro vide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not pro vide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to re gister pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that pro vides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to re gister, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the le gislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdi vision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 — 14 — Ch. 165

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of the legislative body of a local agenc y, except as otherwise pro vided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agenc y. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the le gislative body shall participate from locations within the boundaries of the territory o ver which the local agenc y e xercises jurisdiction, e xcept as pro vided in subdivision (d). The agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a le gislative body, the members of which are in dif ferent locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agenc y from pro viding the public with additional teleconference locations
(c)  (1)  No legislative body shall tak e action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdi vision (d) of Section 3511.1, during the open meeting in which the final action is to be tak en. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 Ch. 165 — 15 —

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members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the le gislative body of a local agenc y, in person e xcept as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal ci vil rights la ws, including, b ut not limited to, an y applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 — 16 — Ch. 165

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legislative body of a local agenc y. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the le gislative body shall participate from locations within the boundaries of the territory o ver which the local agenc y e xercises jurisdiction, e xcept as pro vided in subdivision (d). The agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a le gislative body, the members of which are in dif ferent locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agenc y from pro viding the public with additional teleconference locations.
(c)  (1)  No legislative body shall tak e action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdi vision (d) of Section 3511.1, during the open meeting in which the final action is to be tak en. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch. 165 — 17 —

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powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Go vernment Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become ef fective on or before January 1, 2022, but this bill becomes operati ve first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agenc y meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Go vernor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdi vision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allo wing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a)  The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagle y-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Di vision 3 of Title 2 of the Go vernment Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public re gardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 — 18 — Ch. 165

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(b)  The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Go vernment Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1)  By removing the requirement that public meetings be conducted at a primary ph ysical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a ph ysical location o ver members of the public who cannot travel or attend that meeting in a physical location. (2)  By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their f amilies while preserving the public’ s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an ur gency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while pro viding essential services lik e w ater, po wer, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 Ch. 165 — 19 —

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