CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
February 10, 2025 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.
InPerson Participation:
Location. City Hall – 600 Elm Street, Council Chambers.
Masks are no longer required, but are still recommended by the California Department of Health. To maintain public health and safety, please do not attend in person if you are experiencing respiratory symptoms (e.g. cough, runny nose, and/or sore throat).
Provide Public Comment. To address the City Council on any item on the posted agenda, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.
Remote Participation:
Observe via:
Zoom. https://us02web.zoom.us/j/88256140939; or call 16699009128 and enter the Meeting ID #: 882 5614 0939
Meeting Webportal. www.cityofsancarlos.org/agenda Local TV. Comcast Channel 27 and AT&T Uverse Channel 99 Provide Public Comment. If you plan to make a public comment on any item on the posted agenda, 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 Zoom by phone, press *9 to “raise hand”.
Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.
MAYOR: Sara McDowell
COUNCIL:John Dugan, Neil Layton, Adam Rak, Pranita Venkatesh
1. CALL TO ORDER
1 ageda,peaseobseeteeetgaoo(seeaboeaccessoato),addugtepubc comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.
Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.
MAYOR: Sara McDowell
COUNCIL:John Dugan, Neil Layton, Adam Rak, Pranita Venkatesh
1. CALL TO ORDER
2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS
3. PLEDGE OF ALLEGIANCE
4. CHANGES TO THE ORDER OF THE AGENDA
5. REPORT FROM CLOSED SESSION
6. PRESENTATIONS
a. Present a Proclamation Recognizing February as American Heart Month. b. Receive an Annual Report from the San Carlos Library.
7. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from members of the City Council regarding upcoming events in the community and correspondence that they have received. They are informational in nature and no action will be taken on these items at this meeting.
8. 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 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 questions 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.
9. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the January 13, 2025 City Council Regular Meeting Minutes. c. Adopt a Resolution Authorizing the City Manager to Execute a Two Year Professional Services Agreement with Flock Group Inc. for Flock Safety Automatic License Plate Recognition (ALPR) Cameras/Licenses in the Amount of $147,000 and Authorizing the Approval of the Use of Prior Year Savings from the Law Enforcement Services Agreement with the San Mateo County Sheriff’s Office in the Amount of $147,000 for this Service.
d. Adopt a Resolution Approving a Facility Use Agreement Between Starbucks 2 9. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the January 13, 2025 City Council Regular Meeting Minutes. c. Adopt a Resolution Authorizing the City Manager to Execute a Two Year Professional Services Agreement with Flock Group Inc. for Flock Safety Automatic License Plate Recognition (ALPR) Cameras/Licenses in the Amount of $147,000 and Authorizing the Approval of the Use of Prior Year Savings from the Law Enforcement Services Agreement with the San Mateo County Sheriff’s Office in the Amount of $147,000 for this Service.
d. Adopt a Resolution Approving a Facility Use Agreement Between Starbucks Corporation and Tesla Inc. Related to the Ground Lease Agreement between the City of San Carlos and San Carlos Properties, LLC, Pertaining to the CityOwned Property at 505 Skyway Road (APN 046250020) for the Purposes of Installing Eight Electric Vehicle Chargers.
e. Adopt a Resolution Authorizing the City Manager to Execute a Primary Grant Agreement with the San Mateo County Transportation Authority for Measures A and/or W Funding.
f. Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Professional Services with Kingston Media for Video Services for the City Centennial (C2309) in the Amount of $104,500 and Authorizing the Expenditure of Contingency of $10,000 for a Total Contract Amount Not to Exceed $114,500.
10. STUDY SESSION
a. Receive a Presentation and Provide Staff with Direction on the Objective Design Standards (ODS) for Future Residential Development in the MixedUse (MU) and MultiFamily (RM) Zoning Districts.
b. Receive a Presentation and Provide Direction to Staff on the Design and Layout of Key Features for Improvements to the 700 Block of Laurel Street and Harrington Park (Phase 1 Downtown Implementation Component).
11. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.
12. 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, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 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. 3 be made available for public inspection upon request.
In compliance with the Americans with Disabilities Act and Title VI, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 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. 4 9.b
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CITY COUNCIL
STAFF REPORT
MEETING DATE: February 10, 2025
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute a TwoYear Professional Services Agreement with Flock Group Inc. for Flock Safety Automatic License Plate Recognition (ALPR) Cameras/Licenses in the Amount of $147,000 and Authorizing the Approval of the Use of Prior Year Savings from the Law Enforcement Services Agreement with the San Mateo County Sheriff’s Office in the Amount of $147,000 for this Service.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute another two-year professional services agreement with Flock Group Inc. for Flock Safety Automatic License Plate Recognition (ALPR) Cameras/ Licenses in the amount of $147,000 and authorizing the use of prior year savings from the Law Enforcement Services Agreement with the San Mateo County Sheriff’s Office in the amount of $147,000.
FISCAL IMPLICATIONS:
The City of San Carlos’ total fiscal implication for a 24-month period is $147,000.
In 2023, the City of San Carlos purchased twenty-four annual Flock Safety camera subscriptions for $130,350, for a two-year subscription, using prior year savings accumulated in the Sheriff’s Office Trust Fund Account. As per Section 3.1.2 of the Agreement with the Sheriff’s Office, if the actual costs of service are less than the calculated totals for the fiscal year, the excess will be set aside in a trust fund for the City to use at its discretion. Per the Sheriff’s Office Fiscal Department, the trust fund balance as of December 31, 2024 is approximately $1,935,964.
Flock Safety offers a standard government rate of $3,000 per Falcon camera and $3,500 per Falcon Flex camera for an annual subscription that is non-negotiable. Twenty-four annual subscriptions will be used to support twenty-four ALPR cameras. There are no per-user license fees such as “seat licenses.” If a camera suffers from a manufacturer defect, Flock Safety will replace the camera at no additional cost.
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Hardware and Software Products
Annual recurring amounts over subscription term
Name Price/Usage Fee QTY Subtotal
Falcon $3,000.00 21 $63,000.00
Falcon Flex $3,500.00 3 $10,500.00
Subtotal Year 1:
Subscription Term:
$73,500.00
24 Months
Annual Recurring $73,500.00
Total:
Estimated Sales Tax: $0.00
Total Contract
Amount: $147,000.00
BACKGROUND:
In 2023, the City of San Carlos entered into a 2-year contract with Flock Safety and leased 21 Falcon ALPR and 3 Falcon Flex ALPR cameras. Now, in all the contract cities, the Sheriff’s Office provides law enforcement services to utilize Flock Safety for their ALPR needs. Additionally, in early 2023, the Board of Supervisors approved a Flock Safety expansion program for all the unincorporated areas of the county, bringing all jurisdictions the Sheriff’s Office serves under the Flock Safety umbrella.
Flock Safety continues to be the current law enforcement industry ALPR standard in San Mateo County and the State of California. Flock Safety ALPR cameras continue to play a vital role in basic patrol level calls for service as well as playing a key factor in solving complex investigations.
Since the adoption of Flock Safety ALPR cameras, more than 48 criminal investigations have significantly benefited from or been solved using the ALPR cameras. These cases range from locating stolen vehicles, to identifying retail theft suspects and residential and commercial burglary suspects. One significant case was the arrest of an arsonist, who attempted to burned down an inhabited residence.
ANALYSIS:
The Sheriff’s Office requests Flock Safety as the sole source vendor for the Flock Safety Camera.
Flock Safety is the sole manufacturer and distributor of the Flock Safety Automatic License Plate Recognition (ALPR) Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services that integrate with the Flock Safety Camera.
Flock Safety provides crime-fighting technology (cameras and software) under a service subscription model. Flock Safety’s service is a flat annual fee that includes ALPR camera hardware, hardware maintenance, ALPR software, software updates, unlimited users, 30 days of unlimited data storage, LTE connectivity, solar panels, poles, mounting equipment, and
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monitoring. Flock Safety provides all supplies and equipment under standard operating procedures and complies with all government regulations and workplace safety guidelines. Flock Safety will remove the cameras if the Sheriff’s Office chooses not to renew the agreement.
Flock Safety is a public safety operating system that helps communities and law enforcement in over one thousand cities nationwide work that together to eliminate crime, protect privacy, and mitigate bias. Other local California government agencies currently using Flock Systems include the Sheriff’s Office, San Mateo Police Department, Atherton Police Department, Hillsborough Police Department, Colma Police Department, San Bruno Police Department, Foster City Police Department, San Jose Police Department, San Ramon Police Department, Danville Police Department, and Livermore Police Department.
Flock Safety is the only fully integrated ALPR one-stop solution from the production of the camera to delivery and installation. The camera utilizes motion to capture start and stop recording with machine learning and artificial intelligence, allowing Flock Safety to capture vehicle characteristics without the need for a reflective license plate. The cameras can capture and process 30,000 vehicles per day and simultaneously capture two lanes of traffic with a single camera from a vertical mass powered by solar power. Flock Safety analyzes a vehicle’s license plate, color, and vehicle make objects (roof rack, unique hub cap, etc.) based on image analytics (not car registration data), which also protects against stolen/removed license plates.
The software transmits alerts for hot plates with the capability of the plate state match and can set up alerts based on vehicle description without the need for a license plate. The software makes actionable evidence available when needed that is easily searchable by vehicle type, make, model, color, timeframe, partial/full license plate, and object detection. This technology will allow the Sheriff’s Office to more accurately detect and stop the actual vehicle used in a crime, instead of similar looking vehicles. This will not only save law enforcement time in the investigation of criminal activity, but also prevent the unnecessary stops and detentions of motorists driving vehicles which may look similar to wanted vehicles but are truly uninvolved in criminal activity associated with the vehicle.
Flock Safety focuses on objective evidence (vehicles and license plates) by capturing car features (make, model, color, license plate, state of the plate, timestamp) through an image. Privacy is protected by not using facial recognition technology and not recording any personally identifiable information such as names, addresses, or phone numbers. The Sheriff’s Office will own their data, and Flock Safety will not sell the data to third parties. The camera footage is stored, secured, and encrypted in AWS Government Cloud and automatically deleted every thirty days on a rolling basis. The camera only takes photos, and there is no live feed. No one monitors the system, and it is not used for surveillance purposes.
As per California Assembly Bill (AB) 1215, facial recognition and biometric surveillance technology are banned within this State. The software used by Flock Safety’s cameras are specifically designed not to collect any facial recognition data and is in compliance with AB 1215.
As per Sheriff’s Office Policy 346.2, ALPR cameras and networks will not be used for facial recognition purposes.
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As per California Senate Bill 54, this technology and/or data would not be used to enforce immigration law or provide information to federal law enforcement agencies enforcing immigration law. The data collected from Flock Safety Cameras is owned by the Sheriff’s Office and will not be disseminated to federal agents for that purpose. As per Sheriff’s Office Policy 413, an inquiry of this data shall not be utilized by law enforcement agencies enforcing immigration law.
Impact on Residents and Businesses
Flock Safety Cameras help community residents, businesses, and law enforcement work together to eliminate crime, protect privacy, and mitigate bias. In addition to allowing law enforcement to quickly identify the suspects of a crime, the current use of Flock Safety Cameras has enabled law enforcement to reduce innocent civilians from being contacted, deter crime, and recover property quickly.
While the 4th Amendment does not preclude law enforcement from obtaining information on the movements of civilians in public places, there has been notable discomfort among the general public over the idea of the “surveillance state” when using ALPR cameras. Several cities in the United States have discontinued their use due to public outcry. However, as stated above, Flock Safety Cameras only alert law enforcement to license plates that are reported as stolen, associated with a criminal act, and/or a missing person. Information that does not generate an alert is only stored for 30 days before being deleted. While it is possible for a law enforcement officer to delve into this information, strict protocols are already in place to restrict the use and dissemination of this information. San Mateo County Sheriff’s Office Policy 420 (“ALPRs”) specifically outlines the authorized and prohibited uses of this data. With these policies in place, Flock Safety’s system allows for minimal intrusion and unauthorized dissemination.
CONCLUSION:
The San Mateo County Sheriff’s Office emphasizes the importance of using progressive ALPR technology in assisting our members in criminal investigations. The continued implementation of Flock Safety Cameras is a financially conservative ALPR option. Most importantly, it would allow access to all members who would benefit from utilizing the technology – both patrol deputies and investigators alike.
The continued partnership with Flock Safety Cameras would assist the San Mateo County Sheriff’s Office in investigating crime as it occurs within the City of San Carlos. The ability to share this data with other law enforcement agencies has contributed to a faster and higher closure rate of criminal investigations.
ALTERNATIVES:
The options available to the City Council include:
1. Adopt a Resolution authorizing the City Manager to execute another two-year professional services agreement with Flock Group Inc. for Flock Safety ALPR Cameras/Licenses in the amount of $147,000 and authorizing the use of prior year savings from the Law Enforcement Services Agreement with the San Mateo County Sheriff’s Office in the amount of $147,000 for this service; or
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1. Do not adopt the Resolution; or
2. Provide staff with alternate direction.
Respectfully submitted by:
Mark Myers, Sheriff’s Captain; and
Greg Rubens, City Attorney
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Resolution
2. Flock Group Inc. Service Agreement
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RESOLUTION NO. 2025 – ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS
AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR PROFESSIONAL SERVICES AGREEMENT WITH FLOCK GROUP INC. FOR FLOCK SAFETY AUTOMATIC
LICENSE PLATE RECOGNITION (ALPR) CAMERAS/LICENSES IN THE AMOUNT OF $147,000 AND AUTHORIZING THE APPROVAL OF THE USE OF PRIOR YEAR SAVINGS
FROM THE LAW ENFORCEMENT SERVICES AGREEMENT WITH THE SAN MATEO COUNTY SHERIFF’S OFFICE IN THE AMOUNT OF $147,000 FOR THIS SERVICE.
WHEREAS, between 2023 and 2025, the City of San Carlos leased 21 Falcon ALPRs and three Falcon Flex ALPRs cameras, costing approximately $2,500 to $3,000 per camera; and WHEREAS, the current subscription with Flock Safety is set to expire on March 13, 2025; and
WHEREAS, the San Mateo County Sheriff’s Office wants to align with the same system used in other jurisdictions of the Sheriff’s Office and the region by continuing services with Flock Safety; and
WHEREAS, Flock Safety has become the current law enforcement industry ALPR standard in San Mateo County. Renewing the Flock Safety systems will maximize the Sheriff’s Office’s investigative capabilities by sharing information with other local law enforcement agencies and increasing crime clearance rates. Changing to Flock Safety will also increase the footprint within the City, allowing for more coverage in the ingress and egress of the city; and WHEREAS, the City plans to renew a two-year subscription using prior year savings accumulated in the Sheriff’s Office Trust Fund Account. As per Section 3.1.2 of the Agreement with the Sheriff’s Office, if the actual costs of service are less than the calculated totals for the fiscal year, the excess will be set aside in a trust fund for the City to use at their discretion. Per the Sheriff’s Office Fiscal Department, the trust fund balance as of December 31, 2024 is approximately $1,935,964.
NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the City Manager to execute a two-year Professional Services Agreement with Flock Group Inc. for Flock Safety Automatic License Plate Recognition (ALPR) Cameras/Licenses in the amount of $147,000 and authorizes the approval of the use of prior year savings from the Law Enforcement Services Agreement with the San Mateo County Sheriff’s Office in the amount of $147,000 for this service.
* * * * *
I, City Clerk Crystal Mui, 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 10th day of February 2025, by the following vote:
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________________________________
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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CITY COUNCIL
STAFF REPORT
MEETING DATE: February 10, 2025
ITEM TITLE: Adopt a Resolution Approving a Facility Use Agreement Between Starbucks Corporation and Tesla Inc. Related to the Ground Lease Agreement between the City of San Carlos and San Carlos Properties, LLC, Pertaining to the City-Owned Property at 505 Skyway Road (APN 046-250-020) for the Purposes of Installing Eight Electric Vehicle Chargers.
RECOMMENDATION:
Staff recommends that the City Council approve a facility use agreement between Starbucks Corporation and Tesla Inc. related to the ground lease agreement between the City of San Carlos (“Master Landlord”) and San Carlos Properties, LLC (“Ground Lessee”) for the purposes of allowing Starbucks Corporation, an existing tenant at 505 Skyway Road, to permit Tesla Inc. to install, operate, and maintain a supercharger station in the parking lot for the purpose of charging electric vehicles (EV).
FISCAL IMPLICATIONS:
No new fiscal impacts would occur as a result of the approval of the facility use agreement that would allow Tesla Inc. to install, operate, and maintain EV chargers. All financial terms of the ground lease between the City of San Carlos and San Carlos Properties, LLC will remain the same and are summarized in the following paragraph.
The ground lease agreement provides an annual base rent calculated and adjusted periodically, as well as a performance-based revenue share called “Additional Rent.” The “Annual Base Rent” as stated in the Second Amendment, dated September 22, 2003, shall be $42,276, paid monthly at $3,523.00. The “Additional Rent” shall be calculated at 3% of Annual Gross Receipts of the tenants over $1,691,035.00, paid by December 30th of the same calendar year.
While the approval of the facility use agreement between Starbucks Corporation and Tesla Inc. would not have an impact on the Annual Base Rent, the likelihood of the City receiving revenue from the performance-based revenue or “Additional Rent” share will increase when Tesla begins operation and generates any on-site revenue.
BACKGROUND:
The City owns the property located at 505 Skyway Road. In 1996, the City entered into a ground lease agreement with San Carlos Properties, LLC, which remains in effect until October 31, 2027 under their fourth renewal option. The ground lease allows San Carlos Properties, LLC the right
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to seven additional terms of five years each. After 2027, they will have three more option terms to renew the ground lease. In 2022, San Carlos Properties, LLC subleased the site to Starbucks Corporation. The property spans approximately 35,000 square feet, with the Starbucks building occupying about 4,000 square feet.
ANALYSIS:
In September 2024, Lance Street DES Builders, on behalf of Tesla Inc., applied for permits to install eight Tesla EV charging stations and supporting equipment on the subject site. These chargers would occupy eight existing parking spaces within the premises. The Tesla team also submitted a letter of authorization (LOA) from San Carlos Properties LLC, granting permission for the installation.
According to the third amendment to the ground lease, dated July 12, 2022, the property may be used for any lawful retail purpose, including but not limited to the operation of a Starbucks DriveThru. This provision enables Starbucks Corporation, a tenant of San Carlos Properties LLC, to enter into a facility use agreement with Tesla Inc.
The purpose of this Resolution is to request the City of San Carlos' consent and acknowledgment of the facility use agreement. All other terms and conditions of the ground lease agreement remain unchanged.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution Approving a Facility Use Agreement Between Starbucks Corporation and Tesla Inc. related to the Ground Lease Agreement between the City of San Carlos and San Carlos Properties, LLC, Pertaining to the City-Owned Property at 505 Skyway Road (APN 046-250-020) for the purposes of installing eight electric vehicle chargers; or
2. Do not adopt the Resolution; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
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ATTACHMENT(S):
1. Resolution
2. Redacted Facility Use Agreement
3. Letter of Authorization
4. Third Amendment to the Ground Lease
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RESOLUTION NO. 2025 – ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS
APPROVING A FACILITY USE AGREEMENT BETWEEN STARBUCKS CORPORATION AND TESLA INC. RELATED TO THE GROUND LEASE AGREEMENT BETWEEN THE CITY OF SAN CARLOS AND SAN CARLOS PROPERTIES, LLC, PERTAINING TO THE CITYOWNED PROPERTY AT 505 SKYWAY ROAD (APN 046-250-020) FOR THE PURPOSES OF INSTALLING EIGHT ELECTRIC VEHICLE CHARGERS.
WHEREAS, in 1996, a ground lease was made under which San Carlos Properties, LLC (the “Ground Lessee”) Leased the real property commonly known as 505 Skyway Road, San Carlos (Assessor’s Parcel Number 046-250-020), consisting of approximately 0.8 acres, (the “Property”), from the City; and
WHEREAS, in 2021, the City of San Carlos and San Carlos Properties, LLC exercised the Fourth Option Term to extend the Ground Lease to October 31, 2027; and WHEREAS, in 2022, the Third Amendment of the Ground Lease allowed the operation of a Starbucks Drive Thru and Restaurant; and
WHEREAS, in September 2024, Tesla Inc. requested permits for the installation, operation, and maintenance of 8 electric vehicle (EV) chargers, occupying 8 existing parking spaces in the Starbucks parking lot; and
WHEREAS, Tesla Inc. requires the consent and acknowledgement of the City of San Carlos to enter into a Facility Use Agreement with Starbucks Corporation, a tenant of San Carlos Properties LLC, with whom the City has a Ground Lease Agreement with; and WHEREAS, approval of the Facility Use Agreement does not impact the terms and conditions of the Ground Lease.
NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby, approves the Facility Use Agreement between Starbucks Corporation and Tesla Inc. * * * * *
I, City Clerk Crystal Mui, 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 10th day of February 2025, by the following vote:
AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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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 10, 2025
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute a Primary Grant Agreement with the San Mateo County Transportation Authority for Measures A and/or W Funding.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute a Primary Grant Agreement with the San Mateo County Transportation Authority for Measures A and/or W funds.
FISCAL IMPLICATIONS:
There is no fiscal impact and no additional funding is needed at this time.
BACKGROUND:
The San Mateo County Transportation Authority (“TA”) documents award and use of Measure A and Measure W funds for transportation programs and projects throughout San Mateo County.
Historically, the TA has executed separate funding agreements and memoranda of understanding or amendments for each phase of each project. To streamline and expedite future contracting processes, the TA has developed a new primary grant agreement (“PGA”) through which the TA and project sponsors will document the structure of their relationships and related obligations.
ANALYSIS:
On June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution, by the TA, of a half-cent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A). Then on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half-cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A). Subsequently, on November 6, 2018, the voters of San Mateo County authorized a new one-half percent sales tax in San Mateo County for transportation purposes and tasked the TA with administering four of the five transportation program categories described in the Congestion Relief Plan presented to the voters (Measure W).
To be eligible for TA Measures A and W funding over the next 10 years, the TA requires sponsors' governing boards to adopt Resolutions authorizing the sponsor's chief executive/mayor/chair, or designee, to sign a PGA with the TA. In addition, the TA is also requesting sponsors to certify that any funds awarded by the TA will be used to supplement existing funds for program activities,
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and will not replace existing funds or resources, and that the chief executive/mayor/chair or designee take any other actions necessary to give effect to this Resolution.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution authorizing the City Manager to execute a Primary Grant Agreement with the San Mateo Transportation Authority for Measures A and/or W Funds; 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
2. TA Primary Grant Agreement Template
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RESOLUTION NO. 2025 – ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PRIMARY GRANT AGREEMENT
WITH THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR
MEASURES A AND/OR W FUNDING.
WHEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (“TA”) of a half-cent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A); and
WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half-cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A); and
WHEREAS, on November 6, 2018, the voters of San Mateo County authorized a new one-half percent sales tax in San Mateo County for transportation purposes, and tasked the TA with administering four of the five transportation program categories described in the Congestion Relief Plan presented to the voters (Measure W); and
WHEREAS, the City of San Carlos is eligible for funding under certain programs in the 1988 Transportation Expenditure Plan, 2004 Transportation Expenditure Plan, and/or 2018 Congestion Relief Plan; and
WHEREAS, the TA requires the San Carlos City Council to adopt a Resolution authorizing the City Manager, or a designee, to sign a Primary Grant Agreement with the TA to receive Measures A and W grants over the next 10 years, and to take any other actions necessary to give effect to this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the governing board of the City of San Carlos:
1. Authorizes the City Manager, or designee, to execute a primary grant agreement with the San Mateo County Transportation Authority to be eligible to receive Measures A and W grants over the next 10 years; and
2. Certifies that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and
3. Authorizes the City Manager, or designee, to take any other actions necessary to give effect to this Resolution.
* * * * *
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I, City Clerk Crystal Mui, 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 10th day of February 2025, 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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PRIMARY GRANT AGREEMENT
SAN MATEO COUNTY TRANSPORTATION AUTHORITY
MEASURE A AND/OR MEASURE W FUNDS
This Primary Grant Agreement (Agreement) is made by and between the San Mateo County Transportation Authority (TA) and the City of San Carlos (Sponsor), each of which is referred to herein individually as “Party” and jointly as “Parties.”
RECITALS
WHEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the TA of a half-cent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A); and
WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A); and
WHEREAS, on November 6, 2018, the voters of San Mateo County authorized a new one-half percent sales tax in San Mateo County for transportation purposes, and tasked the TA with administering four of the five transportation program categories described in the Congestion Relief Plan presented to the voters (Measure W); and
WHEREAS, the TA and Sponsor desire to enter into this Agreement to establish the process, terms and conditions governing the allocation and expenditure of Measures A/W Funds by Sponsor for capital projects.
Now therefore, the Parties agree as follows:
SECTION 1: Form of Agreements
1.1. Primary Grant Agreement. This Primary Grant Agreement outlines the general terms and conditions applicable to all TA allocations of Measures A/W Funds to Sponsor for capital projects. As allocations are made, the TA and Sponsor will enter into subsequent arrangements for each allocation (Project Supplements). From time to time the Parties may enter into Project Supplements with third parties for cosponsored projects.
1.2. Project Supplements. Each Project Supplement will be substantially in a form attached hereto as described in Exhibit A, "Form of Project Supplements " and will be attached to this Agreement and incorporated herein by this reference.
SECTION 2: Term and Termination
2.1. Term. The term of this Agreement will commence on Execution Date and will terminate after 10 years, unless terminated by Sponsor or the TA pursuant to this Section 2. Work begun under the Agreement will continue to be governed by this Agreement until the Scope of Work is complete.
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1.3. Sponsor’s Right to Terminate; Repayment upon Termination. Sponsor may at any time terminate the Agreement or a Project Supplement by giving ten (10) days’ written notice to the TA of its election to do so. Upon such termination, Sponsor will not be reimbursed for any further Scope of Work Costs associated with the Agreement or the Project Supplement, as applicable, and will reimburse the TA for all monies paid by the TA and costs incurred by the TA in connection with the applicable Scope of Work as well as all reasonable costs and expenses incurred to effect such termination within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.
1.4. Termination by the TA. The TA may terminate this Agreement or a Project Supplement, with or without cause, by giving ten (10) days’ written notice of such termination.
If the TA terminates the Agreement for Sponsor’s default, Sponsor will reimburse the TA for all funds paid to Sponsor in connection with all Scopes of Work, and for all costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination, within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.
If the TA terminates a Project Supplement for Sponsor’s default, Sponsor will reimburse the TA for all funds paid to Sponsor in connection with the Scope of Work for the applicable Project Supplement, and for all costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination, within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.
If the TA terminates the Agreement or a Project Supplement for convenience, the TA is obligated to pay to Sponsor all costs and expenses incurred thereunder by Sponsor up to the date of notice of termination, as well as all reasonable costs and expenses incurred to effect such termination.
1.5. Expiration/Suspension of TA’s Financial Obligations. Any and all financial obligations of the TA pursuant to this Agreement expire upon the expenditure of TA’s maximum contribution to each Scope of Work as established in each Project Supplement or the conclusion of the Term as defined in Section 2.1, whichever occurs first. The TA reserves the right to suspend its financial obligation, with ten (10) days’ advance notice, if Sponsor identifies a risk of not being able to complete a Scope of Work within budget. If Sponsor cannot provide a credible funding plan acceptable to the TA to fund and complete each Scope of Work, the Sponsor will be in default and the TA may terminate this Agreement. If Sponsor identifies a risk of not being able to complete each Scope of Work within budget, failure to report such risk to the TA constitutes default and is cause for termination under Section 2.3.
1.6. Supplementing Existing Revenue. Sponsor agrees that it will use funds provided pursuant to this Agreement to supplement existing revenue. Sponsor will not use Measures A/W Funds to replace other local taxes or revenues already programmed and available for use for the same purpose. Sponsor will use funds provided pursuant to this Agreement only for the Scope of Work for each Project Supplement.
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1.7. Misuse of Funds. If the TA determines that Sponsor has used Measures A/W Funds other than for the approved Scope of Work or Project Costs, the TA will notify Sponsor of its determination. Within thirty (30) days of notification Sponsor will either (a) repay such funds to the TA, or (b) explain in writing how the funds in question were spent for the approved Scope of Work. The TA will respond to Sponsor’s written explanation within thirty (30) days of receipt. Unless otherwise stated in the response, the TA’s response will be final, and Sponsor will repay any funds used other than for the approved Scope of Work within thirty (30) days.
SECTION 3: Time of Performance
2.2. Time of Performance. The time of performance will be specified in each Project Supplement (Time of Performance).
2.3. Time Extension. If the Scope of Work cannot be completed within the Time of Performance as defined in Section 3.1, Sponsor must submit a request in writing to the TA no later than six (6) months before the Time of Performance for an extension for the Time of Performance. The TA will review the request and may grant the extension via a letter of concurrence if it is justified in TA’s sole and complete discretion. Extensions longer than one (1) year will require a formal amendment to the Project Supplement.
Costs incurred for the Scope of Work after the Time of Performance are at risk of denial for reimbursement by the TA. The unreimbursed portion of Measures A/W allocation will be retained by the TA for the Measures A/W Program.
SECTION 4: Insurance
4.1. Insurance. For the purposes of this Section, “Entity” is defined as any entity designing, approving designs and/or performing each Scope of Work specified in the Project Supplements funded by this Agreement. Entities may include Sponsor, a contractor of Sponsor, another body on behalf of which Sponsor submitted its funding application, and/or a contractor of such other body.
For each Project Supplement, all Entities will provide the appropriate insurance covering the work being performed as specified in the Project Supplement. The insurance requirements specified in this Section will cover each Entity’s own liability and any liability arising out of work or services of Entity subcontractors, subconsultants, suppliers, temporary workers, independent contractors, leased employees, or any other persons, firms or corporations (hereinafter collectively referred to as “Agents”) working on each Project (as defined in each Project Supplement). If Sponsor itself is an Entity, Sponsor must also provide its own insurance meeting the requirements of this Section. a) Minimum Types and Scope of Insurance. Each Entity is required to procure and maintain at its sole cost and expense insurance subject to the requirements set forth below. Such insurance will remain in full force and effect throughout performance of the Scope of Work. All policies will be issued by insurers acceptable to the TA (generally with a Best’s Rating of A-10 or better). Each Entity is also required to assess the risks associated with work to be performed by Agents and to require that Agents maintain adequate insurance coverages with appropriate limits and endorsements to cover such risks. To the extent that its Agent does not procure and maintain such insurance coverage, an Entity is responsible for and assumes any and all costs and expenses that may be
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incurred in securing said coverage or in fulfilling Entity’s indemnity obligations as to itself or any of its Agents in the absence of coverage. Entities may self-insure against the risks associated with the Scope of Work, but in such case, waive subrogation in favor of the TA respecting any and all claims that may arise. i. Workers’ Compensation and Employer’s Liability Insurance. Worker’s Compensation coverage must meet statutory limits and Employer’s Liability Insurance must have minimum limits of $1 million. Insurance must include a Waiver of Subrogation in favor of the TA. ii. Commercial General Liability Insurance. The limit for Commercial General Liability Insurance will be specified in each Project Supplement.
Commercial General Liability Insurance must be primary to any other insurance, name the TA as an Additional Insured, include a Separation of Interests endorsement and include a Waiver of Subrogation in favor of the TA.
iii. Business Automobile Liability Insurance. The limit for Business Automobile Liability Insurance will be specified in each Project Supplement. Insurance must cover all owned, non-owned and hired autos, and include a Waiver of Subrogation in favor of the TA. iv. Property Insurance. Property Insurance must cover an Entity’s and/or Agent’s own equipment as well as any materials to be installed. Property Insurance must include a Waiver of Subrogation in favor of the TA. v. Professional Liability Insurance. If specified in a Project Supplement, Professional Liability insurance should cover each Entity’s and any Agent’s professional work on the Project.
vi. Cyber Liability Insurance. If specified in a Project Supplement, and if contract deals with Personally Identifiable Information (PII), then Professional Liability Insurance policy, should also include coverage for Cyber risk coverages including Network and Internet Security Liability coverage, Privacy coverage and Media coverage.
vii. Employee Theft Insurance/Crime Insurance. If specified in a Project Supplement, then an Employee Theft Insurance policy covering the loss of money, securities or other property resulting from theft by employees.
The policy should include Third-Party Crime or Client Crime coverage viii. Contractors’ Pollution Liability Insurance and/or Environmental Liability Insurance. If specified in a Project Supplement, Contractors’ Pollution Liability Insurance and/or Environmental Liability insurance should cover potential pollution or environmental contamination or accidents. The limit for Pollution and/or Environmental Liability Insurance in each appropriate contract and subcontract should not be less than $1 million. Such insurance must name the TA as an Additional Insured and include a Waiver of Subrogation in favor of the TA.
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1.8. Railroad Protective Liability Insurance. Insurance is required if the Project will include any construction or demolition work within 50 feet of railroad tracks. The limit for Railroad Protective Liability Insurance in each appropriate contract and subcontract cannot be less than $2 million per occurrence and $6 million annual aggregate. On the Entity’s Commercial General Liability insurance policy, the contractual liability exclusion for liability assumed shall be deleted.
b) Special Requirement for Caltrain Shuttles. If Sponsor and/or Entity is operating shuttle(s) with the Caltrain logo on the vehicle(s) or on any shuttle public information materials, the Commercial General Liability, Business Automobile, and Pollution and/or Environmental Liability (if applicable) policies also must name as Additional Insureds: the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of the Service, and the Union Pacific Railroad Company and their respective directors, officers, employees, volunteers and agents while acting in such capacity, and their successors or assignees, as they now, or as they may hereafter be constituted, singly, jointly or severally. c) Excess or Umbrella Coverage. Sponsor and/or any other Entity may opt to procure excess or umbrella coverage to meet the above requirements, but in such case, these policies must also satisfy all specified endorsements and stipulations for the underlying coverages and include provisions that the policy holder’s insurance is to be primary without any right of contribution from the TA. d) Deductibles and Retentions. Sponsor must ensure that deductibles or retentions on any of the above insurance policies are paid without right of contribution from the TA. Deductible and retention provisions cannot contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the named insured is unacceptable.
In the event that any policy contains a deductible or self-insured retention, and in the event that the TA seeks coverage under such policy as an additional insured, Sponsor will ensure that the policy holder satisfies such deductible to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Entity or Agents, even if neither the Entity nor Agents are named defendants in the lawsuit.
e) Claims Made Coverage. If any insurance specified above is provided on a claimmade basis, then in addition to coverage requirements above, such policy must provide that:
i. Policy retroactive date coincides with or precedes the Entity’s start of work (including subsequent policies purchased as renewals or replacements).
ii. Entity will make every effort to maintain similar insurance for at least three (3) years following Project completion, including the requirement of adding all additional insureds.
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1.9. If insurance is terminated for any reason, each Entity agrees to purchase an extended reporting provision of at least three (3) years to report claims arising from work performed in connection with this Agreement.
1.10. Policy allows for reporting of circumstances or incidents that might give rise to future claims.
f) Failure to Procure Adequate Insurance. Failure by any Entity to procure sufficient insurance to financially support the indemnification requirements of this Agreement does not excuse Sponsor from meeting all obligations of the indemnification requirements and the remainder of this Agreement, generally. g) Prior to beginning work under this Agreement, Sponsor must obtain, and produce upon request of the TA, satisfactory evidence of compliance with the insurance requirements of this Section.
SECTION 5: Additional Terms Applicable to Sponsor-Performed Capital Projects The following additional terms apply when the Sponsor is performing the scope of work for capital projects as described in each Project Supplement.
2.4. Project Performance. Sponsor will oversee completion of the scope of work for each TA funded project as described in each Project Supplement (Scope of Work).
Sponsor is responsible for procuring and administering any professional service and/or other contracts entered into in connection with each such Scope of Work. Sponsor may appoint a designee or engage contractor(s) to perform work necessary for completion of work, but Sponsor remains responsible to the TA for the completion of each Scope of Work.
2.5. Required Approvals. Prior to commencement of each Scope of Work, Sponsor or its designee (e.g., a consultant) will obtain all applicable local, state and federal approvals and permits for each Scope of Work. In addition, Sponsor must comply with all applicable federal, state and local laws and regulations applicable to the Project. All real property appraisals must comply with Uniform Standards of Professional Appraisal Practice (USPAP). Any right-of-way activities involving property on the Caltrans right-ofway must be conducted in accordance with the current version of the Caltrans Right-ofWay manual.
2.6. Contract Award and Change Orders. Sponsor must comply with state and local agency requirements for the award of any contract(s) for the performance of each Scope of Work and any change orders. As each Scope of Work proceeds, Sponsor must advise the TA of any contracts awarded and change orders as part of the regular progress reporting requirements. Notice of any contracts and change orders provided to the TA will not constitute approval by the TA of the contracts and change orders nor obligate the TA to provide funds in excess of its maximum contribution stated in each Project Supplement.
2.7. Progress Reports. Sponsor will prepare and submit to the TA quarterly progress reports during the entire term of each Scope of Work and covering all Scope of Work activities for work completed during the previous month using the template in Exhibit B or in other formats specified by the TA. The reports must describe:
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a) The current status of, and any changes in, scope, schedule, budget, and funding plans of each Scope of Work and each Project;
b) Any risk factors;
c) The work performed during the previous quarter and projected for the next three months;
d) Scope of Work Costs (as defined in Section 5.8 below) projected to be expended during the next three months; and
e) Any other information requested by the TA.
1.11. Final Report. Within ninety (90) days of Sponsor’s final acceptance of each Scope of Work and all incidental work, Sponsor must prepare and submit to the TA a final report detailing the following and all other relevant information:
a) A description of the Project, including a statement detailing the overall progress and success of the Scope of Work and the Project, a compilation of any data collected during the active phase(s) of the Project, and changes/additions to the scope of the Project.
b) Total costs for the Scope of Work, including an accounting of all Measures A/W Funds expended in connection with the Scope of Work, and reflecting any unexpended Measures A/W Funds.
c) An explanation and the status of any outstanding obligations or potential obligations related to the Scope of Work.
d) A discussion of any pertinent issues or problems that arose during the implementation of the Scope of Work.
e) Any copies of press articles, press releases, newsletter articles and any other publicity materials regarding the Project.
f) Written confirmation or, for the final project phase, a Project Close-out form that no further reimbursements associated with the Scope of Work are anticipated and that all draw-down requests have been made.
g) Photographs for all construction projects that satisfactorily demonstrate: 1) site conditions before the project was implemented; 2) work in progress; and 3) completed improvements.
1.12. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement for reimbursement of expenditures related to the Scope of Work (Scope of Work Costs). Sponsor will contribute, or provide for the contribution of matching funds as specified in each Project Supplement. Sponsor also will contribute, or provide for the contribution of the entire amount in excess of the total project cost specified in the Project Supplement needed to complete each Scope of Work. The TA’s funding commitment under this Agreement in no way establishes a right for Sponsor to receive additional funding from the TA. All funding obligations of the TA under this
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Agreement are subject to downward adjustment based on actual sales tax receipts for the fiscal years indicated.
Sponsor will assess and confirm its ability to complete the Scope of Work described in each Project Supplement within budget as part of the quarterly reporting requirements established in 5.4, above. Sponsor must further notify the TA between reporting cycles if Sponsor determines that the budget will not be sufficient to complete each Scope of Work. The TA reserves the right to suspend its funding obligation as set forth in applicable Project Supplements upon such notice, and until Sponsor develops a credible funding plan acceptable to the TA to fund and complete the associated Scope of Work.
5.7. Use of Funds.
a) Measures A/W Funds must be used only for direct eligible costs to complete the Scope of Work. The Sponsor is responsible for demonstrating to the TA that the expenses incurred were necessary to deliver each Scope of Work.
Reimbursement for the following costs will require detailed documentation in accordance with generally-accepted accounting principles:
i. Scope of Work phases or components such as stakeholder/public outreach; development of planning studies, project initiation documents (PID), project study reports (PSR), environmental clearance and mitigation for up to three years following project completion, project approval and environmental document (PA&ED), project design, and plans specifications and estimates (PS&E); regulatory agency review; acquisition of right-of-way; construction, and construction management; ii. Sponsor staff time for Scope of Work implementation; iii. Project administration costs for each Scope of Work under this Agreement.
iv. Costs directly tied to the implementation of each Project Scope of Work as more specifically defined in Exhibit C, “Eligible Costs for Reimbursement,” which is attached to this Agreement and incorporated herein by this reference. Eligible costs are defined in greater detail in Exhibit C. If Sponsor wishes to undertake items of work not covered under each Scope of Work concurrent with performing each Scope of Work, the cost for including and undertaking the additional work must be segregated, and the costs borne exclusively by the Sponsor from a nonMeasures A/W Program funding source(s). In the event that an activity is not listed in Exhibit C but Sponsor believes that it is an eligible cost, Sponsor may request that the TA consider reimbursing the Sponsor for the activity. The TA will have sole discretion to grant or deny Sponsor’s requests.
b) The following costs are not eligible for Measures A/W Funds reimbursement:
i. Sponsor’s costs which are unrelated to each Scope of Work; ii. Costs for entering into this Agreement and each Project Supplement;
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1.13. Maintenance, rehabilitation, routine operations of each Project or other facilities or programs except as specifically identified in the Scope of Work for each Project Supplement; and
1.14. Development of proposals, applications or agreements for Measure A, Measure W, or other funding programs.
2.8. Reimbursement Basis. Unless otherwise specified in the Project Supplement, Sponsor may seek reimbursement for Scope of Work Costs incurred on or after the Execution Date. Scope of Work Costs must be incurred and paid by Sponsor prior to requesting reimbursement from the TA. Sufficient documentation must accompany all requests for reimbursement, including the submittal of all due monthly progress reports.
2.9. Accounting and Request for Reimbursement Procedures. Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Scope of Work accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of Scope of Work Costs. Sponsor will detail the TA’s pro rata share of Scope of Work costs for all work funded under this Agreement with each “Reimbursement Claim Form,” which is attached to this Agreement as Exhibit D and incorporated herein, or in other formats specified by the TA. Sponsor will maintain all necessary books and records in accordance with generally accepted accounting principles.
2.10. Invoices; Payments.
a) Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation.
Supporting documentation may include, but is not limited to, copies of vendor invoices, timesheets, backup documentation, checks, and payment advice, and must include an accounting of the TA’s share of costs for the Scope of Work as contemplated by this Agreement.
b) For any property acquisitions for which Sponsor seeks reimbursement from the TA, Sponsor must provide the following supporting documentation for each property:
i. Copies of the final real estate appraisal and any appraisal review conducted on behalf of Sponsor;
ii. For any right-of-way activities involving property on the Caltrans right-ofway, written confirmation that the acquisition process was conducted in accordance with the then-current version of the Caltrans Right-of-Way manual;
iii. A Phase One Environmental Assessment and any recommended additional testing (unless waived by the TA);
iv. Copy of the offer package provided to the property owner(s);
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1.15. Copy of the Notice of Exemption or other required document for environmental clearance under CEQA/NEPA for the purchase of the property, and evidence of the date of filing such Notice; and
1.16. Written justification acceptable to the TA of any settlement at an amount higher than the offer.
c) For each voluntary real property transaction, Sponsor must also provide:
i. Copy of the fully executed purchase and sale agreement; ii. Copy of an executed and recorded deed, in a form consistent with the requirements set forth in the then-current Caltrans Right-of-Way manual; iii. Copy of the Policy of Title insurance; and
iv. Copy of the final closing statement from the escrow. d) For each real property acquisition undertaken through condemnation, Sponsor must also provide:
i. Copy of the recorded Final Order of Condemnation; and ii. Copy of the litigation guarantee issued by a title insurer. e) Sponsor must detail the tasks performed, associated costs, and pro rata share of Scope of Work Costs to be borne by the TA with each reimbursement request. f) The TA will endeavor to disburse reimbursements for approved Scope of Work Costs within thirty (30) days after the TA’s approval of each claim, subject to the limits on the TA’s maximum contribution as established in each Project Supplement. The TA’s obligation to reimburse Scope of Work Costs to Sponsor as provided in this Section is conditioned upon the TA’s prompt receipt of quarterly progress reports from Sponsor.
g) Invoices may be submitted, no more frequently than once a quarter, by e-mail to:
[email protected], [email protected], and the designated TA Project Manager at the email address specified in the Project Supplement.
Sponsor must submit a minimum of one reimbursement claim for each fiscal year (July through June) and no more frequently than quarterly. If Sponsor does not submit a reimbursement claim for two consecutive quarters (six months), then Sponsor will be deemed inactive. If the Sponsor does not submit a reimbursement claim within the next two quarters after being deemed inactive then project may be deprogrammed. Sponsor must submit a letter to the TA to seek administrative approval for an exemption.
2.11. Return of Project Cost Savings. Upon submission of the Final Report, if the total Scope of Work Costs are less than the amount specified in the Project Supplement, Sponsor will return to the TA that proportion of the Project cost savings that is equal to
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the percentage of the original Scope of Work budget that consisted of Measure A/W Funds.
5.12. Indemnity by Sponsor.
Sponsor will indemnify, keep and save harmless the TA and its directors, officers, agents and employees against any and all suits, claims or actions related to the performance of this Agreement, each Scope of Work or each Project including, but not limited to, those arising out of any of the following:
a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of each Project or implementation of this Agreement; or
b) Any allegation that materials or services developed, provided or used for each Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred.
If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor will, at its expense, satisfy and discharge the same.
This indemnification will survive termination or expiration of the Agreement.
SECTION 6: Additional Terms Applicable to TA-Performed Capital Projects The following additional terms apply when the TA is performing the scope of work for capital projects as described in each Project Supplement (Scope of Work).
2.12. Funding Commitment. The TA will provide in lieu contributions, expenditures on consultants, and/or funds up to the amount specified in each Project Supplement for the Scope of Work tasks specified in the Project Supplement (Scope of Work Costs).
2.13. Cost Savings. Any cost savings of the funds allocated for each Project Supplement will revert to the applicable program for the TA to reallocate to any eligible project through its usual fund programming and allocation activities.
2.14. Insufficient Funding. In the event that additional funding is needed to complete the Scope of Work specified in a Project Supplement, the TA will identify the additional amounts needed and review those estimates with the Sponsor. The Parties will work together to identify potential sources of funding, as well as obtain the necessary funds to complete the Scope of Work for the Project Supplement. If additional funding is needed due to a change in the Project Supplement Scope of Work, as requested by the Sponsor, the TA will identify the additional amounts needed and review those estimates with the Sponsor. In such case, it is the responsibility of the Sponsor to identify the potential sources of funding, as well as obtain the necessary funds to complete the changed Project Supplement Scope of Work. The TA may consider requests for additional funding, but is under no obligation to grant such requests.
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1.17. TA Responsibilities. For purposes of delivering the Scope of Work, the TA agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
a) The TA will perform and complete the Scope of Work, either through its own forces or the use of one or more third-party consultants or contractors. b) The TA will make available to the Project up to the amount(s) specified in the Project Supplement(s) for the Scope of Work.
c) For purposes of delivering the Scope of Work, the TA agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
i. Manage the Scope of Work, including developing and carrying out the Scope of Work on schedule and within budget;
ii. Provide technical oversight for performance of the Scope of Work; iii. Lead coordination with Caltrans and/or other permitting agencies as necessary for the Scope of Work;
iv. Obtain the necessary permits and approvals required for the Scope of Work;
v. Procure and administer the consultant/contractor services to complete the Scope of Work;
vi. Organize and facilitate regular meetings of a Project Development Team (PDT), the Sponsor and representatives from involved local and regional entities to provide input and guidance on the Scope of Work; vii. Keep Sponsor apprised of developments, such as award of contracts or potential changes that may affect the scope, schedule, or budget of the Project or Scope of Work; and
viii. Consult with Sponsor where necessary/appropriate. d) To the extent applicable, the TA will execute an agreement with Caltrans for oversight services associated with the Scope of Work.
e) The TA will prepare and provide to Sponsor status reports including anticipated and expended costs and Scope of Work delivery milestones and schedule forecasts.
f) The TA will review, process, and audit (at its discretion) invoices and other documentation of expenditures for work performed under each Project Supplement. The TA will also track the accumulation and expenditure of funds allocated for Scope of Work, and process other documentation of expenditures in compliance with TA accounting and budgeting requirements.
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1.18. Sponsor Responsibilities. For purposes of delivering the Scope of Work, the Sponsor agrees to perform the following tasks, unless otherwise specified in a Project Supplement:
a) The Sponsor will be responsible for championing the effort of obtaining political and public support for the Project.
b) The Sponsor will be the public face of the Project for purposes of leading outreach efforts to local stakeholders and community members, including coordination of public meetings and solicitation of public comment. c) The Sponsor will provide input and oversight based on local policies and desires regarding the outcome of and deliverables of the Project. d) The Sponsor will actively participate in the PDT meetings related to the Scope of Work.
e) The Sponsor may, at its discretion, review any professional services agreements, change orders and any other agreements that the TA has entered into for the performance of Scope of Work; however the TA retains ultimate authority over contracting and related decisions.
f) The Sponsor may, at its discretion, review the work products and deliverables produced by the TA and/or its contractors/consultants for the Scope of Work, including reports, designs, drawings, plans, specifications, schedules and other materials; however, the TA retains authority to accept or reject contractor/consultant work.
g) The Sponsor will approve or endorse, in writing, the final deliverables or work products produced by the TA and/or its contractors/consultants for the Scope of Work.
h) The Sponsor will review progress reports prepared and provided by the TA. i) The Sponsor may, at its discretion, review and audit invoices and other documentation of the expenditure of funds allocated for the Scope of Work, however the TA retains ultimate authority for expenditure of allocated funds on the Project.
1.19. Indemnification.
a) Each of the Parties will indemnify, hold harmless and defend the other Party and its directors/councilmembers, officers, employees and agents (collectively, "Indemnitees") against all liability, claims, suits, actions, costs or expenses related to performance of the Scope of Work or the Project, including but not limited to those arising from loss of or damage to property, and injuries to or death of any person (including but not limited to the property or employees of each Party) when arising out of or resulting from any act or omission by the indemnifying Party, its agents, employees, contractors or subcontractors in connection with any aspect of the Project, including Project design, construction and/or maintenance.
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b) Each of the Parties will also fully release, indemnify, hold harmless and defend the other Party and Indemnitees from and against any and all claims or suits that may be brought by any of the indemnifying Party's contractors or subcontractors performing work in connection with or related to the Project. c) The indemnifying Party's obligation to defend includes the payment of all reasonable attorneys' fees and all other costs and expenses of suit, and if any judgment is rendered, or settlement entered, against any Indemnitee, the indemnifying Party must, at its expense, satisfy and discharge the same.
Indemnitees may require the indemnifying Party to obtain counsel satisfactory to the Indemnitees.
d) This indemnification will survive termination or expiration of this Agreement.
SECTION 7: Additional Terms Applicable to Shuttle Operations The following additional terms apply to shuttle projects as described in each Project Supplement (Project).
1.20. Sponsor Oversight; Work Plan. Sponsor is responsible for implementation of the Project as described in each Project Supplement. Sponsor assumes responsibility for procuring and administering any professional service and/or other contracts entered into in connection with the Project.
Though Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Project implementation, Sponsor will remain ultimately responsible to the TA for performance of all responsibilities set forth herein.
1.21. Required Approvals. Prior to commencement of each Project, Sponsor or its designee (e.g., a consultant) will obtain all required local, state and federal approvals and permits for Project work. In addition, Sponsor must comply with all federal, state and local laws and regulations applicable to the Project.
1.22. Contract Award and Scope Changes. Sponsor must comply with state and local agency requirements for the award and amendment of any contract(s) for the implementation of each Project. Sponsor must advise the TA in writing (electronic mail is acceptable) as soon as possible of any contracts awarded and any amendments thereto, such as for any changes in service. Notice of any contracts and amendments provided to the TA will not constitute approval by the TA nor obligate the TA to provide funds in excess of its maximum contribution stated in the Project Supplement.
1.23. Monthly & Annual Operations Reports. Within eight (8) calendar days after the end of each month a given Project Supplement is in effect, Sponsor or its agent must submit to the TA a monthly operations report (Operations Report) based on National Transit Database (NTD) reporting requirements, attached as Exhibit E, “National Transit Database Reporting Requirements.” The Operations Report must include such items as the average daily ridership of the Project, and the Project’s total boardings, total revenue miles, hours, vehicles in service, road calls, accidents and any other information pertinent to assess the performance of the service for purposes of local, state or federal reporting requirements for the month just ended. Any monthly service mileage and/or hours that were scheduled, but where service was not operated for any reason, must be
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deducted from monthly reporting totals. An explanation for all lost service miles and/or hours must be included in the monthly report. Sponsor or its agent must review all required reporting for accuracy prior to submittal to the TA. The form of all reports must be determined by the TA. Within eight (8) calendar days of the end of the performance of the work under a Project Supplement, and/or any extension thereof, Sponsor or its agent must submit to the TA an annual report on the same statistics. All Operations Reports must be submitted via Excel spreadsheet or other format as approved by the TA to [email protected] or as specified in the Project Supplement.
7.5. Quarterly Progress Reports. Sponsor must prepare and submit to the TA quarterly progress reports by January 31, April 30, July 31 and October 31 of each year during the entire term of the Project. Reports must be presented in the form provided as Exhibit F, “Quarterly/Annual Shuttle Program Progress Report Form,” which is attached to this Agreement and incorporated herein by this reference, or in other formats specified by the TA. The reports must describe Project performance and expenditures during the previous quarter.
The reports must include actions expected to be taken and any projected changes in the service plan / schedule during the next quarter, and any other information requested by the TA. Additionally, each progress report must include information on any potential issues that may impact any of the performance measures set forth in Exhibit F as well as the ability of Sponsor to meet the conditions outlined in this Agreement.
7.6. Annual Report. By October 1 of each year, Sponsor must provide the TA with an annual report in the form provided as Exhibit F, or in other formats specified by the TA, summarizing the quarterly progress reports from the prior fiscal year.
The reports must include actions expected to be taken and any projected changes in the service plan /schedule for the next year (if the Project is continuing), and any other information requested by the TA. Additionally, each Annual report must include information on any potential issues that may impact any of the performance measures set forth in Exhibit F as well as the ability of Sponsor to meet the conditions outlined in this Agreement for the next year (if the Project is continuing). If the Annual Report is submitted after the second year of the Time of Performance, the Annual Report should include written confirmation that no further reimbursements associated with the Project are anticipated and that all reimbursement requests have been made or are being submitted with the Annual Report.
7.7. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement for reimbursement of expenditures related to the Project (Project Costs). The Sponsor will contribute, or provide for the contribution of matching as specified in each Project Supplement, as well as the entire amount in excess of TA's allocation needed to implement the Project. The TA’s funding commitment under this Agreement in no way establishes a right for the Sponsor to receive additional funding from the TA.
All funding obligations of the TA under this Agreement are subject to downward adjustment based on actual sales tax receipts for the fiscal years indicated, or if Sponsor receives funding for Project Costs from other sources which allow Sponsor to provide more than the matching funds specified in the Project Supplement over the term of the Agreement.
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The Sponsor will assess and confirm its ability to implement the Project within budget as part of the quarterly reporting requirements established in Section 7.5, above. The Sponsor must further notify the TA between reporting cycles if the Sponsor determines that the budget will not be sufficient to implement the Project. The TA retains authority to suspend its funding obligation as set forth in Section 2.4 of this Agreement upon such notice, and until the Sponsor develops a credible funding plan acceptable to the TA to fund and implement the Project.
7.8. Reimbursement Basis. Sponsor may seek reimbursement for Project Costs incurred on or after the Execution Date. Project Costs must be incurred and paid by the Sponsor prior to requesting reimbursement from the TA. Sufficient documentation must accompany all requests for reimbursement, including the submittal of all due operations and progress reports.
7.9. Accounting and Reimbursement Procedures. Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Project accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of costs for the Project. Sponsor will detail the TA’s pro rata share of Project Costs for all work funded under this Agreement with each “Reimbursement Claim Form” which is attached to this Agreement as Exhibit D and incorporated herein, or in other formats specified by the TA. Sponsor will maintain all necessary books and records in accordance with generally accepted accounting principles.
7.10. Invoices; Payments. Once per quarter following submission of the quarterly progress reports, Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation. Supporting documentation may include, but is not limited to, copies of associated vendor invoices, timesheets, backup documentation, checks and payment advice, and must include an accounting of the TA's share of costs for the Project as contemplated by this Agreement.
Claims and supporting documentation for reimbursement may be submitted by e-mail to:
[email protected] and [email protected]
The TA will endeavor to disburse reimbursements for approved Project Costs within thirty (30) days after the TA's approval of each claim, subject to the limits on the TA's maximum contribution as established in the Project Supplement. The TA's obligation to reimburse Project Costs to the Sponsor as provided in this section is conditioned upon the TA’s prompt receipt of reports from Sponsor pursuant to Sections 7.4–7.6, above.
7.11. Indemnity by Sponsor. The Sponsor will indemnify, keep and save harmless the TA (and, if the Project includes shuttle(s) with the Caltrain logo on the vehicle(s) or on any shuttle public information materials, the Peninsula Corridor Joint Powers Board, the San Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of the Service, and the Union Pacific Railroad Company and each of its/their directors, officers, agents and employees against any and all suits, claims or actions related to the performance of this Agreement including, but not limited to, those arising out of any of the following:
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a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement; or
b) Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
The Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered, or settlement reached, against the TA or any of the other agencies or individuals enumerated above in any such action, the Sponsor will, at its expense, satisfy and discharge the same.
This indemnification will survive termination or expiration of the Agreement.
SECTION 8: Additional Terms Applicable to All Other Project Supplements for Operations The following additional terms apply to operational projects as described in each Project Supplement (Project).
1.24. Sponsor Oversight; Work Plan. Sponsor is responsible for the completion of the Scope of Work as described in each Project Supplement. Sponsor is responsible for procuring and administering any professional service and/or other contracts entered into in connection with the Scope of Work. Sponsor will oversee completion of the Scope of Work. Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Scope of Work completion, but Sponsor remains responsible to the TA for the completion of the Scope of Work.
1.25. Required Approvals. Prior to commencement of the Scope of Work, Sponsor or its designee (e.g., a consultant) will obtain all applicable local, state and federal approvals and permits for the Scope of Work. In addition, Sponsor must comply with all applicable federal, state and local laws and regulations applicable to the Project.
1.26. Contract Award and Change Orders. Sponsor must comply with state and local agency requirements for the award of any contract(s) for the performance of the Scope of Work and any amendments. As the Scope of Work proceeds, Sponsor must advise the TA of any contracts awarded and amendments as part of the regular progress reporting requirements pursuant to Section 8.4 below. Notice of any contracts and amendments provided to the TA will not constitute approval by the TA of the contracts and amendments nor obligate the TA to provide funds in excess of its maximum contribution stated in the Project Supplement.
1.27. Progress Reports. For each of the projects in the Scope of Work, Sponsor will prepare and submit to the TA quarterly progress reports as the program proceeds and covering all Scope of Work activities for work completed during the previous month using the template in Exhibit B, or in other formats specified by the TA. The reports must describe:
a) The current status of, and any changes in, scope, schedule, budget, and funding plans of the Scope of Work and the Project;
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b) Any risk factors;
c) The work performed during the previous quarter and projected for the next three months;
d) Scope of Work Costs (as defined in Section 8.8, below) projected to be expended during the next three months; and
e) Any other information requested by the TA.
1.28. Closeout. Within ninety (90) days of Sponsor’s final acceptance of the Scope of Work and all incidental work, Sponsor must notify the TA with a final closeout letter detailing the following and all other relevant information: Total costs for the Scope of Work, including an accounting of all Measures A/W expended in connection with the Scope of Work, and reflecting any unexpended Measure A/W Funds.
1.29. Funding Commitment. The TA allocates to Sponsor up to the amount specified in each Project Supplement related to the Scope of Work (Scope of Work Costs). Funds cannot be transferred between projects without separate approval from the TA. The TA Executive Officer, or designee, can approve funds transfers administratively with a letter.
The TA’s funding commitment under this Agreement in no way establishes a right for Sponsor to receive additional funding from the TA.
1.30. Use of Funds.
a) Measures A/W Funds must be used only for direct eligible costs to complete the Scope of Work. The Sponsor is responsible for demonstrating to the TA that the expenses incurred were necessary to deliver the Scope of Work. b) The following costs are not eligible for reimbursement:
i. Sponsor’s costs which are unrelated to the Scope of Work; ii. Costs for entering into this Agreement;
iii. Maintenance, rehabilitation, routine operations of the Project or other facilities or programs; and
iv. Development of proposals, applications or agreements for Measure A, Measure W, or other funding programs.
1.31. Indemnity by Sponsor.
Sponsor will indemnify, keep and save harmless the TA and its directors, officers, agents and employees against any and all suits, claims or actions related to the performance of the Scope of Work or the Project including, but not limited to, those arising out of any of the following:
a) Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement; or
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b) Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party.
Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred.
If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor will, at its expense, satisfy and discharge the same. This indemnification will survive termination or expiration of the Agreement.
SECTION 9: Miscellaneous
1.32. Access to Records and Record Retention. At all reasonable times, Sponsor will permit the TA access to all reports, designs, drawings, plans, specifications, schedules and other materials prepared, or in the process of being prepared, for each Scope of Work by Sponsor or any contractor or consultant of Sponsor. Sponsor will also make available to the TA upon request any professional service agreements, change orders and any other agreements that are related to each Scope of Work. Sponsor will provide copies of any documents described in this Section to the TA upon request. Sponsor will retain all records pertaining to each Scope of Work for at least three years after completion of each Project.
1.33. Audits. The TA, or its authorized agents, may, at any reasonable time during business hours, conduct an audit of Sponsor’s performance under this Agreement.
Sponsor will permit the TA, or its authorized agents, to examine, inspect, make excerpts from, transcribe or photocopy books, documents, papers and other records of Sponsor which the TA reasonably determines to be relevant to this Agreement.
Sponsor will transmit to the TA the Independent Auditor’s Report prepared for Sponsor’s Annual Comprehensive Financial Report within thirty (30) days of receipt by Sponsor and highlight the section that pertains to the Measures A/W Funds.
1.34. No Waiver. No waiver of any default or breach of any covenant of this Agreement by either Party will be implied from any omission by either Party to take action on account of such default if such default persists or is repeated. Express waivers are limited in scope and duration to their express provisions. Consent to one action does not imply consent to any future action.
1.35. Assignment. Parties are prohibited from assigning, transferring or otherwise substituting their interests or obligations under this Agreement without the written consent of all other Parties.
1.36. Governing Law. This Agreement is governed by the laws of the State of California as applied to contracts that are made and performed entirely in California.
1.37. Compliance with Laws. In performance of this Agreement, the Parties must comply with all applicable Federal, State and local laws, regulations and ordinances.
1.38. Accessibility of Services to Persons with Disabilities. The Project implementation must comply with, and not subject the TA or Sponsor to liability under, the Americans
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with Disabilities Act, the California Disabled Persons Act, or any other state or federal laws protecting the rights of persons with disabilities.
9.8. Modifications. This Agreement may only be modified in a writing executed by both Parties.
9.9. Attorneys’ Fees. In the event legal proceedings are instituted to enforce any provision of this Agreement, the prevailing Party in said proceedings is entitled to its costs, including reasonable attorneys’ fees.
9.10. Relationship of the Parties. It is understood that this is an Agreement by and between Independent Contractors and does not create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship other than that of Independent Contractor.
9.11. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, studies, memoranda, and other documents assembled for or prepared by or for, in the process of being assembled or prepared by or for, or furnished to Sponsor under this Agreement, are the joint property of the TA and Sponsor, and will not be destroyed without the prior written consent of the TA. The TA is entitled to copies and access to these materials during the progress of the Project and upon completion or termination of the Project or this Agreement. Sponsor may retain a copy of all material produced under this Agreement for its use in its general activities. This Section does not preclude additional shared ownership of work with other entities under contract with Sponsor for funding of the Project.
9.12. Non-discrimination. Sponsor and any contractors performing services on behalf of Sponsor will not discriminate or permit discrimination against any person or group of persons on the basis of race, color, religion, national origin or ancestry, age, sex, sexual orientation, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status, or in any manner prohibited by federal, state or local laws.
9.13. Attribution to the TA. Sponsor must include attribution that indicates work was funded with “Measure A Funds” or “Measure W Funds” or “Measures A/W Funds from the TA." This provision applies to any project, or publication, that was funded in part or in whole by “Measure A Funds” or “Measure W Funds” or “Measures A/W Funds." Acceptable forms of attribution include TA branding on Project-related documents, construction signs, public information materials, and any other applicable documents.
Sponsor must comply with the TA's External Attribution Guide which may be updated from time to time and will be available on the TA's website.
9.14. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon is authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.
9.15. Severability. If any portion of this Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining portions of this Agreement, or the application thereof, will remain in full force and effect.
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1.39. Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.
1.40. Counterparts. This Agreement may be executed in counterparts.
1.41. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to its subject matter and supersedes any prior or contemporaneous written or oral agreement between the Parties on the same subject.
IN WITNESS WHEREOF, the Parties have hereunder subscribed their names as of the last date written below (Execution Date).
City of San Carlos
By:
Name: Jeff Maltbie
Its: City Manager
Date:
Approved as to Form:
Legal Counsel for the City of San Carlos
Date:
SAN MATEO COUNTY TRANSPORTATION
AUTHORITY
By:
Name: April Chan
Its: Executive Director
Date:
Approved as to Form:
Legal Counsel for the TA
Date:
Exhibit A: Form of Project Supplements
Exhibit B: Progress Reporting Template
Exhibit C: Permissible Costs for Reimbursement
Exhibit D: Reimbursement Claim Form
Exhibit E: National Transit Database Reporting Requirements Exhibit F: Quarterly/Annual Shuttle Program Progress Report Form
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Exhibit A: Form of Project Supplements
SECTION A: Primary Agreement
The San Mateo County Transportation Authority (TA) and City of San Carlos (Sponsor) entered into a Primary Grant Agreement on , 20 (Primary Agreement).
This Project Supplement is entered into on , 20 pursuant to the Primary Grant Agreement and is subject to the terms set forth therein.
SECTION B: Project Background
Measure(s):
☐ Original Measure A
☐ New Measure A
☐ Measure W
Program Category:
Measure A Measure W
☐ Transit
☐ Highways
☐ Local Streets/Transportation
☐ Grade Separations
☐ Pedestrian and Bicycle
☐ Alternative Congestion Relief Programs
☐ Countywide Highway Congestion
Improvements
☐ Local Safety, Pothole & Congestion Relief
Improvements – Local Investment Share
☐ Local Safety, Pothole & Congestion Relief
Improvements – Grade Separation
☐ Bicycle and Pedestrian Improvements
☐ Regional Transit Connections
Program Subcategory (if applicable):
Project: [Add project name]
Scope of Work: [Specify phase(s)]
Scope of Work Costs: [Specify amount programmed and allocated for each phase] TA Technical Assistance (if applicable):
Date Funding Programmed:
Date Funding Allocated:
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Applicable Resolutions (attached):
Additional Terms: The following Agreement Section(s) apply to this Project Supplement:
☐ Section 5 (Additional Terms Applicable to Sponsor-Performed Projects) ☐ Section 6 (Additional Terms Applicable to TA-Performed Projects) ☐ Section 7 (Additional Terms Applicable to Shuttle Operations) ☐ Section 8 (Additional Terms Applicable to All Other Project Supplements for Operations)
SECTION C: Invoices; Payments [ALTERNATIVE CLAUSE TO AGREEMENT SECTION
5.10(a) – DELETE IF NOT APPLICABLE]
Section 5.10(a) of the Agreement does not apply to this Project Supplement. Instead, the TA will make one upfront lump sum payment of $ to the Sponsor to complete the Scope of Work.
SECTION D: Matching Funds
Sponsor will contribute, or provide for the contribution of, the entire amount in excess of $ needed to complete the Scope of Work [and must provide at least % pro rata share of the Scope of Work Costs.]
OR
Sponsor agrees to contribute the matching funds to the TA in one upfront lump sum payment of $ (Matching Funds) following Sponsor's approval of an invoice from TA describing the expenses to which the Matching Funds will be applied, subject to the following terms and conditions:
TA agrees that the Matching Funds are to be expended solely for the Project and agrees to: (i) prioritize application of the Matching Funds to expenses under the Scope of Work with the objective of utilizing all of the Matching Funds not later than ; (ii) promptly return to Sponsor any and all unspent Matching Funds upon termination of the Project Supplement, or, absent termination, that have not been expended for the Project SECTION E: Description of Scope of Work
Sponsoring Agency:
Lead/Implementing Agency:
Contact:
by .
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Project Description and Scope of Work:
Project Schedule:
Begin End
Project Budget/ Source of Funding:
Include funding plan for the project defined above, including use of TA Technical Assistance if applicable
* The other fund sources are provided for informational purposes.
Operating Responsibility:
Maintenance Responsibility:
Project Implementation Responsibility:
Project Oversight Responsibility:
SECTION F: Third Party Roles
1. Third Party Roles. The [THIRD PARTY] is responsible for [LIST ALL RELEVANT RESPONSIBILITIES] for the Project.
2. Caltrans Roles. Caltrans as owner operator of the facility proposed for modification is responsible for reviewing and approving the [RELEVANT DOCUMENTS] for the Project.
3. Other Agreements. A Cooperative Agreement must be executed between Caltrans and the TA that lists the terms and conditions, roles and responsibilities and fee payment associated with Caltrans’ review and approval of the [RELEVANT DOCUMENTS].
SECTION G: Time of Performance
1. Time of Performance. The Scope of Work must be completed no later than the end of quarter, Fiscal Year 20 -20 (the TA's fiscal year runs July 1 through June 30).
2. Timely Use of Funds. Sponsor must expend Measures A/W funds expeditiously. If Sponsor fails to invoice the TA for two consecutive quarters, the TA will require a meeting with Sponsor’s executive and Project staff to review project progress. A Project Supplement found to be non-compliant with this requirement may be terminated for default by the TA.
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SECTION H: Notice
Notices. All notices required or permitted to be given under this Agreement, be in writing and delivered by email to the addresses specified below. Notices will be deemed given when the email was sent. A recipient’s failure to acknowledge receipt of the emailed notice will not affect the effectiveness of notice if (a) the sender can show that the notice was properly addressed and sent by email, and (b) the sender did not receive any email system notification that the email could not be delivered.
To TA: San Mateo County Transportation Authority
1250 San Carlos Avenue
P.O. Box 3006
San Carlos, CA 94070-1306
Attn: TA Secretary and Executive Director
Emails:
To [Sponsor]: C i t y o f S a n C a r l o s
600 ‘Elm Street
San Carlos, CA 94070
Attn: City Manager
TITLE
Email:
In 2025, the TA plans to relocate its administrative building to 166 N. Rollins Road in Millbrae, California and when that occurs, the TA’s address will be at that location.
SECTION I: Insurance [The TA and Sponsor will determine what types and levels of insurance are required for each Project Supplement]
The following types of insurance are required for this Project Supplement. See Section 6 of the Primary Agreement for additional requirements.
Insurance Type Required Coverage Amount
Workers’
Compensation and
Employer’s Liability
Insurance
Yes Statutory limits for Workers’ Compensation and
at least $1 million for Employers Liability.
Commercial General
Liability Insurance
Yes [$1/5/10 million]
• For all projects: $1M for Project Planning,
Project Initiation, Project Approval &
Environmental Design and Right of Way
Phases and for operations.
• For capital projects with budgets of up to
$10M (e.g., road widening): $1M for Design
and Construction Phases.
• For capital projects with budgets between
$10M and $40M (e.g., freeway
interchange): $5M for Design and
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Construction Phases.
• For capital projects with budgets of $40M
or more: $10M limits for Design and
Construction Phases.
Business Automobile
Liability Insurance
Yes [$1/5/10 million]
• For all projects: $1M for Project Planning,
Project Initiation, Project Approval &
Environmental Design and Right of Way
Phases.
• For capital projects with budgets of up to
$10M (e.g., road widening): $1M for Design
and Construction Phases.
• For capital projects with budgets between
$10M and $40M (e.g., freeway
interchange): $5M for Design and
Construction Phases.
• For capital projects with budgets of $40M
or more: $10M limits for Design and
Construction Phases.
• For operations projects: $10M
Property Insurance Yes
Professional Liability
Insurance
[Yes/No] [$1/2/5 million]
For most projects with professional liability
exposure, such as consulting: At least $1
million
For capital projects with some design: At
least $2 million.
For capital projects with significant design:
At least $5M.
Cyber Liability
Insurance
[Yes/No] If contract deals with Personally Identifiable Information (PII): At least $1 million and part of
the Professional Liability Insurance program.
Crime Insurance [Yes/No] If Entity’s employees have access to funds, securities and other property: At least
$250,000 for Employee Dishonesty Insurance
and $250,000 for Third-Party/Client Property.
If Entity has access to significant funds,
securities or other property: Limits should
reflect cumulative exposure.
Contractors’ Pollution
Liability Insurance
and/or Environmental
[Yes/No] At least $1 million
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Liability Insurance
Railroad Protective
Liability Insurance
[Yes/No] At least $2 million per occurrence and $6 million annual aggregate
IN WITNESS WHEREOF, the Parties have hereunder subscribed their names as of the last date written below.
[SPONSOR]
By:
Name:
Its:
Date:
Approved as to Form:
Legal Counsel for the [SPONSOR]
Date:
SAN MATEO COUNTY TRANSPORTATION
AUTHORITY
By:
Name: April Chan
Its: Executive Director
Date:
Approved as to Form:
Legal Counsel for the TA
Date:
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Exhibit B: Progress Reporting Template
REPORTING PERIOD: FROM mm/dd/yyyy TO mm/dd/yyyy
SMCTA Project # 00XXX – [Project Title/Phases]
[Carryover to additional pages as necessary]
Contact: [Name, Title, Phone, email, address]
1) Scope:
[Describe Scope of Work here, specify Project limits, phases of Project. Identify the [Original Measure A and/or New Measure A and/or Measure W] funded components]
Status Summary: [Provide Status]
Issues: [List any issues, i.e. potential scope changes] 2) Schedule:
Major Milestones:
Original Baseline
Start Finish
Current Baseline
Start Finish
Current Forecast
Start Finish
[Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY [Activity] MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY MM/DD/YY Progress This Reporting Period:
[Describe progress and activities]
[Original Measure A and/or New Measure A and/or Measure W] Funds Expended This Reporting Period: $ Future Activities, Next Reporting Period:
[Describe planned future activities]
Projected [Original Measure A and/or New Measure A and/or Measure W] Funds Expenditure Next Reporting Period: $ Issues: [List any issues, such as impacts to schedule]
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3) Scope of Work Total Budget:
A B C D E F
Phase/Activity
Original Budget
(per Funding
Agreement)
Updated Cost
Estimate
Total Change
from Approved
(B-A)
Total Expended
to Date
% of Revised
Budget
Expended
(D/B)
% of Work
Completed
- 0.00% 0.00%
- 0.00% 0.00%
- 0.00% 0.00%
Total Project - - - - #DIV/0!
4) Scope of Work [Original Measure A and/or New Measure A and/or Measure W] Budget:
A B C D E F
Phase/Activity
Original allocation
(per Project
Supplement)
Current
allocation (Per
Amendments)
Change in
allocation from
Project
Supplement (B-A)
Total
Measure
[A/W]
Expended to
date
% of
current
allocation
expended
(D/B)
% of Work
Completed
#DIV/0!
#DIV/0!
#DIV/0!
Total Scope of
Work $0 $0 $0 $0 #DIV/0!
Issues: [List any issues, i.e. potential cost increases] 5) Funding: [List additional sources as needed, Fill out the following matrix for each phase for the Scope of Work. i.e. environmental, design, etc.]
Original Original % Current Current %
Estimated at
Completion EAC %
Contribution Contribution Contribution
SMCTA #DIV/0! #DIV/0! #DIV/0!
Others:
Federal (specify) #DIV/0! #DIV/0! #DIV/0!
State (specify) #DIV/0!
Other (specify)
Total - #DIV/0! - #DIV/0! - #DIV/0!
Issues: [List any issues such as changes in non-Measure [A/W] funding] Submit Progress Reports To: [email protected] or
SMCTA
Planning & Development
1250 San Carlos Avenue
San Carlos, CA 940701
1 In 2025, the TA plans to relocate its administrative building to 166 N. Rollins Road in Millbrae, California and when that occurs, the TA’s address will be at that location.
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Exhibit C: Eligible Costs for Reimbursement
Program / Promotions – activities pertaining to marketing/promotional programs detailed in the Scope of Work.
Planning – activities necessary to implement planning studies covered under the Scope of Work.
Project Initiation Documents (PID) – activities necessary to complete PIDs covered under the Scope of Work.
Environmental Studies – environmental studies costs, including determination of the appropriate environmental document, preparation of all preliminary engineering for each alternative, including geomantic layouts, determination of right-of-way needs, environmental technical studies (such as air, noise, energy, cultural resources and hazardous waste), and all other studies or activities necessary to prepare and finalize the appropriate documents for Project and environmental approval.
Design – design activities such as preparation of design studies; materials and foundation reports; drainage, hydrology and hydraulic reports; surveying and mapping; preparation of the plans, specifications and estimate; preparation of bid documents and Project files; preparation of permit applications and maintenance agreements; coordination of agency reviews and any other activities necessary to prepare final plans specifications and estimate (PS&E) for bid advertisement and award; and management oversight of these tasks except as limited in the Agreement.
Right-of-Way Acquisition – all activities related to right-of-way including determination of rightof-way needs; title searches; preparation of appraisal maps, legal descriptions and plat maps; parcel appraisals and appraisal reviews; hazardous materials testing and analysis; preparation of right-of-way acquisition documents; activities involved with acquiring rights-of-way including negotiation with property owners and cost associated with condemnation proceedings (including legal costs, expert witness costs, etc., but not including costs related to claims for inverse condemnation), right-of-way capital costs and cost-to-cure impacts related to the acquisition. To the extent allowed by law, Sponsor will undertake all best efforts so that cleanup of existing hazardous materials will remain the liability of the property owner.
Services provided for right-of-way activities involved with property not necessary for the Measure A or Measure W Highway Program-funded Project as defined in the Scope of Work, and the associated costs for all such property, will be at the sole expense of the Sponsor.
Any property not used for construction of the Project, or used for any purpose other than construction of the Project as defined in the Scope of Work, should be identified and the funding agencies should be informed. Any excess right-of-way will be identified as early as possible in the Project design process and sold. The proceeds from the sale of such property must be returned to the funding agencies, prorated based on the percentage of funds each agency contributed to the purchase of the property.
Construction – construction expenditures for the Project (construction capital, management and inspection, surveys, public outreach, and related activities) that are part of the Scope of Work agreed to by the TA. Sponsor must submit all change orders over $50,000 to the TA for
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review and written approval before the TA will reimburse the Sponsor with Measure A Funds or Measure W Funds.
In addition, Measures A and W Funds are eligible for reimbursement of Sponsor’s Project management oversight expenses associated with the construction of the Project. This would include activities such as construction management inspection, expenses associated with reviewing proposed change orders, and activities involved with submitting final costs to the appropriate agencies to secure other leveraged funds. Expenditure of Measure A and Measure W Funds remains subject to the limits set forth in the Agreement.
The Sponsor may include additional work beyond the Scope of Work for the Project at its own expense. The TA will require these costs to be segregated from the other item work expenses and paid for with non-Measure A or Measure W Highway Program funds.
Miscellaneous – fees from other agencies, including permit fees or reimbursement for review or oversight costs needed for the Project are eligible costs. However, the cost of permits or fees from the Project Sponsor will not be eligible. Utility relocation costs are eligible for reimbursement according to previous agreements establishing rights for those utilities. The costs for specialized equipment for testing, analysis or production of documents for Projectrelated work are also eligible.
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Exhibit D: Reimbursement Claim Form
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Exhibit E: National Transit Database Reporting Requirements The NTD was established by Congress to be the Nation’s primary source for information and statistics on the transit systems of the United States. Recipients or beneficiaries of grants from the Federal Transit Administration (FTA) under the Urbanized Area Formula Program (§5307) or Other than Urbanized Area (Rural) Formula Program (§5311) are required by statute to submit data to the NTD. Over 660 transit providers in urbanized areas currently report to the NTD through the Internet-based reporting system. Each year, NTD performance data is used to apportion over $5 billion of FTA funds to transit agencies in urbanized areas (UZAs). Annual NTD reports are submitted to Congress summarizing transit service and safety data.
Below is a partial list of reported elements that may change at any time. For additional information, please go to the National Transit Database website at:
https://www.transit.dot.gov/ntd.
a) Deadhead (Miles/Hours): The miles and hours that a vehicle travels when out of revenue service.
i) Deadhead includes:
1) Leaving or returning to the garage or yard facility; 2) Changing routes;
3) When there is no expectation of carrying revenue
passengers;
ii) However, deadhead does not include:
1) Charter service;
2) School bus service;
3) Operator training;
4) Maintenance training;
b) Fuel Consumed: The quantity of fuel consumed for the service (by fuel type);
c) Mechanical System Failure - Major: A failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip because actual movement is limited or because of safety concerns; d) Mechanical System Failure - Other: A failure of some other mechanical element of the revenue vehicle that, because of local agency policy, prevents the revenue vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip even though the vehicle is physically able to continue in revenue service. Any mechanical problem that delayed service more than five minutes, even if no Road Call was required;
e) Passenger Miles Traveled (PMT): The cumulative sum of the distances ridden by each passenger;
f) Reportable Incident: A safety or security incident occurring on transit property or otherwise affecting revenue service that results in one or more of the following conditions:
i) A fatality confirmed within 30 days of the incident; ii) An injury requiring immediate medical attention away from the scene for one or more persons;
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• Property damage equal to or exceeding $25,000;
• An evacuation for life safety reasons; or
• A mainline derailment.
2.15. Revenue Service (Miles, Hours, and Trips): The time when a vehicle is available to the general public and there is an expectation of carrying passengers. Vehicles operated in fare free service are considered in revenue service.
• Revenue service includes:
• Layover / recovery time.
• Revenue service excludes:
• Deadhead
• Vehicle maintenance testing
• School bus service, and
• Charter service.
2.16. Total Service (Miles or Hours): The time or miles from when a transit vehicle starts (pull-out) from a garage to go into revenue service to the time or miles it returns to the garage (pull-in) after completing its revenue service.
2.17. Since total service covers the time or miles between:
1) Pullout; and
2) Pull-in;
ii) It therefore includes both:
1) Deadhead; and
2) Revenue service;
i) Unlinked Passenger Trips (UPT): The number of passengers who board public transportation vehicles. Passengers are counted each time they board vehicles no matter how many vehicles they use to travel from their origin to their destination.
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Exhibit F: Quarterly/Annual Shuttle Program Progress Report Form
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CITY COUNCIL
STAFF REPORT
MEETING DATE: February 10, 2025
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Professional Services with Kingston Media for Video Services for the City Centennial (C2309) in the Amount of $104,500 and Authorizing the Expenditure of Contingency of $10,000 for a Total Contract Amount Not to Exceed $114,500.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute an agreement for professional services with Kingston Media, Inc. for video services for the City centennial (C2309) in the amount of $104,500 and authorize the expenditure of contingency of $10,000 for the total contract amount not to exceed $114,500.
FISCAL IMPLICATIONS:
There is no fiscal impact and no additional appropriation is needed. The City Council appropriated $250,000 in fiscal year (“FY”) 2023-24 and $750,000 in FY 2024-25 for the Capital Improvement Program Budget for Project C2309 City of San Carlos Centennial Celebration. The current remaining fund balance is $750,313.
San Carlos History Video $ 74,500
“Year in Review” Video $ 30,000
Contingency (~10%) $ 10,000
Total Contract Amount $114,500
BACKGROUND:
In September 2023, the City Council directed staff to initiate a recruitment to bring together a group of residents and community members to share ideas on the ways the City can celebrate the one hundredth anniversary of its incorporation. On December 5, 2023, to assist with putting together the program of events to celebrate the centennial, the City Council appointed twenty-two primary and seventeen alternate Committee members consisting of representatives from the City Council, City commissions and committees, community organizations, business owners, and the San Carlos School District. The Committee’s role has been to provide ideas and input throughout the initial planning process.
The Committee held its first meeting on January 17, 2024, where staff introduced the purpose, expectations, and goals of the Committee and each member was sworn into office by the City
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Clerk. At this meeting, the Committee brainstormed how the community could celebrate the centennial. A range of ideas related to event timeframe, location, event components, historical commemorations, community organization involvement, business involvement ideas, and individual ways to celebrate were discussed.
The following three meetings included brainstorming sessions with both primary and alternate Committee members to cultivate a list of activities and celebrations for the centennial. Ideas were categorized into five categories: big event celebration; history of San Carlos; branding and merchandising; centennial in the arts; and, the 100s.
At the Committee’s final meeting in April, members voted on a date to host the centennial community event, historical projects, naming the downtown plaza, and a centennial logo. City Council approved the Committee’s recommendations on April 22, 2024. One of the historical projects approved was a video update to the book “San Carlos Stories: An Oral History for the City of Good Living” by Linda Garvey. Additionally, staff proposes a video be compiled of both City and community centennial celebrations throughout 2025 to be shown at the conclusion of the centennial year.
ANALYSIS:
Kingston Media will produce a 30-minute historical documentary celebrating the City’s centennial.
The film will blend extensive interviews, cinematic b-roll, historic photos and footage, and scripted voiceovers to tell the story of our community. Specifically, the documentary will guide viewers through the history of San Carlos from its early roots up to incorporation, and include the period of WWII, the establishment of large electronic plants and suburban movement, community life in the final decades of the 20th Century, and the transformation of San Carlos throughout the 21st Century, among other topics. The documentary will be completed in advance of the final Cityhosted centennial event on November 15, 2025, “Centennial Wrapped: A Year in Review” movie night at Burton Park.
Additionally, Kingston Media will produce the “Year in Review” video recapping the celebrations that will take place throughout 2025. Events to be highlighted in the review include the City Council meeting of the 100th anniversary proclamation presentation, neighborhood block parties, Day of Service, Senior Prom, Hometown Days weekend celebrations, Back to the 20s Youth Center Dance, Music in the Park, Centennial Birthday Party in Burton Park, Art & Wine Faire, burying of the new time capsule, centennial mural painting, Flying Gatsby Ball at Hiller Aviation Museum, and other celebrations.
Kingston Media has a 20-year history of producing videos of impactful stories throughout the Bay Area for businesses, government agencies, non-profits, and educational institutions. More recently, Kingston Media completed the centennial video for the town of Colma and bicentennial video for the City of Redwood City.
Due to the extensiveness of Kingston Media’s experience, particularly their experience with centennial documentaries, staff recommends a sole source professional services contract. Should City Council approve the contract with Kingston Media, staff will begin work with Kingston Media and volunteers from the Museum of San Carlos History for the San Carlos history video and create
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the schedule of events to record for the “Year in Review” film.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution authorizing the City Manager to execute an agreement for professional services with Kingston Media for video services for the City centennial (C2309) in the amount of $104,500 and authorizing the expenditure of contingency of $10,000 for the total contract amount not to exceed $114,500; or
2. Do not adopt the Resolution; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Amy Newby, Parks & Recreation Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Resolution
2. Kingston History Document Proposal
3. Kingston Year in Review Proposal
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RESOLUTION NO. 2025 – ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL SERVICES WITH KINGSTON MEDIA FOR VIDEO SERVICES FOR THE CITY CENTENNIAL (C2309) IN THE AMOUNT OF $104,500 AND AUTHORIZING THE EXPENDITURE OF CONTINGENCY OF $10,000 FOR THE TOTAL CONTRACT AMOUNT NOT TO EXCEED $114,500.
WHEREAS, the City Council appropriated $1,000,000 in the Capital Improvement Program Budget for all celebrations and projects for the centennial; and WHEREAS, one of the City Council’s 2024 strategic goals was to work with the Centennial Advisory Committee and engage with the community to plan for the City’s centennial celebrations; and
WHEREAS, in monthly meetings held with the City Centennial Advisory Committee, many ideas were shared on how the community could celebrate the centennial including a historical project to update the book “San Carlos Stories: An Oral History for the City of Good Living” by Linda Garvey; and
WHEREAS, the historical documentary celebrating the City’s centennial will blend extensive interviews, cinematic b-roll, historic photos and footage, and scripted voiceovers to tell the story of our community; and
WHEREAS, the documentary will guide viewers through the history of San Carlos from incorporation, through WWII, life in the final decades of the 20th Century, and the transformation of San Carlos throughout the 21st Century; and
WHEREAS, additionally, staff recommends a recap video be created capturing both City of San Carlos and community celebrations throughout the centennial year; and WHEREAS, the last City-hosted centennial event planned for November 15, 2025 will be “Centennial Wrapped: A Year in Review” where the City will show both of these films at Burton Park; and
WHEREAS, events to be highlighted in the review film include the City Council meeting of the 100th anniversary proclamation presentation, neighborhood block parties, Day of Service, Senior Prom, Hometown Days weekend celebrations, Back to the 20s Youth Center Dance, Music in the Park, Centennial Birthday Party in Burton Park, Art & Wine Faire, burying of the new time capsule, centennial mural painting, Flying Gatsby Ball at Hiller Aviation Museum, and other celebrations; and
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WHEREAS, Kingston Media has a 20 years’ experience producing videos of impactful stories throughout the Bay Area for businesses, government agencies, non-profits and educational institutions; and
WHEREAS, Kingston Media completed the centennial video for the town of Colma and bicentennial video for the City of Redwood City; and
WHEREAS, given the extensiveness of Kingston Media’s experience, particularly their experience with centennial documentaries, staff recommends that the City Council approve a sole source agreement for professional services with Kingston Media.
NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the City Manager to execute an agreement for professional services with Kingston Media for the City centennial (C2309) in the amount of $104,500 and authorize the expenditure of contingency in the amount of $10,000 for the total contract amount not to exceed $114,500. * * * * *
I, City Clerk Crystal Mui, 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 10th day of February 2025, 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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CITY COUNCIL
STAFF REPORT
MEETING DATE: February 10, 2025
ITEM TITLE: Receive a Presentation and Provide Staff with Direction on the Objective Design Standards (ODS) for Future Residential Development in the Mixed-Use (MU) and Multi-Family (RM) Zoning Districts.
RECOMMENDATION:
Staff recommends that the City Council consider the information presented, receive public input, and provide direction to staff on policy and process questions related to draft objective design standards (ODS) for multi-family and mixed-use development.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with this study session.
BACKGROUND:
Recent changes in state law mandate that local jurisdictions review and approve residential developments comprising two (2) or more units based on objective design standards only. These standards are designed to be measurable and verifiable, eliminating any "gray" areas and leaving no room for interpretation or personal judgment. This distinguishes them from subjective standards that are open to varying interpretations. Further, one of the Council’s strategic goals is to actively encourage and support the increase of housing production for all income levels.
In 2022, the City began working on ODS for single-family development and adopted those objective standards at the end of 2023. Since then, the City has been working on mixed-use and multi-family objective design standards with the assistance of Van Meter Williams Pollack (VMWP), an urban design firm with extensive local experience in developing multi-family and mixed-use objective design standards.
After receiving feedback from the Council on the draft standards and proposed process improvements, staff will prepare the final draft standards. These standards will be presented to the Planning and Transportation Commission (PTC) which will provide a recommendation to the City Council.
At that time, staff anticipates bringing forward amendments to Chapters 18.04, Residential Districts, 18.05 Mixed-use Districts, 18.26 Planning Authorities, 18.28 Zoning Clearance, 18.29 Design Review and Compliance Review Procedures, 18.41 Terms and Definitions, and other code sections as required. The items under discussion can be found in Attachment 1: Draft
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Recommendations for Mixed-Use and Multi-Family Objective Design Standards.
Community Outreach:
Staff conducted a variety of outreach efforts with various stakeholders which included:
• Three stakeholder meetings
• Three community workshops
• A citywide survey
• PTC study sessions
As a result of this outreach, key feedback included:
• Community interest in walkable neighborhoods
• Creating and maintaining green open spaces
• Utilizing climate-sensitive design
• Promoting neighborhood safety
• Preserving neighborhood character
• Maintaining design sensitivity to the neighboring properties and uses • Support for replacing subjective standards with objective standards On June 17, 2024, staff held a study session with the PTC to present an overview of the preliminary objective standards and gather feedback. The PTC provided valuable insights that included prioritization of active ground-floor uses for development that is residential-only, allowing diverse architectural styles, and avoiding overly prescriptive standards to encourage innovative design. The PTC emphasized the need for transparency in development regulations, community engagement, and alignment with state density law as central to the development review process.
On November 13, 2024, the project team held a virtual community meeting primarily for residents of the Greater East San Carlos (GESC) neighborhood due to its proximity to mixed-use zoning districts. The presentation introduced the proposed recommendations and objective design standards that were refined based on feedback received during the outreach process. The goal of this community meeting was to familiarize the community and gather public input on the draft recommendations. To aid visualization, 3D photo simulations were shared, illustrating the effects of proposed reduced rear setbacks and step-backs.
Key feedback from the community included:
• The need for stronger landscaping requirements
• Specifying tree maturity and planting heights
• General concerns about reducing rear setbacks
A summary of all community outreach and study sessions is included as Attachment 3. Complete details, minutes, and videos from the public meetings are also available on the project webpage www.cityofsancarlos.org/designstandards.
Methodology and Testing:
In developing these objective design standards, another key focus was assessing the feasibility
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of existing regulations, such as building placement, setbacks and step-backs, and their potential impact on housing creation. Several of the City’s Housing Element policies (HOU 4.2, 4.3 and
4.5) require the City to continuously review current development standards to ensure they do not pose any potential constraint toward housing production.
Setbacks and upper-story step-backs directly affect building design, massing, and exterior appearance. Existing standards were carefully evaluated to eliminate subjectivity. New measurable criteria, such as dimensional requirements were then evaluated to ensure clarity.
Test Cases:
Staff identified three sites to test existing design and development standards to determine if they posed constraint in consideration of cost, development feasibility, number of units and unit sizes.
This testing also helped identify areas in the Municipal Code that need adjustment. Small and medium-sized sites were specifically chosen for this testing, as smaller sites are typically harder to develop while adhering to required regulations.
The three sites analyzed using the existing design and development standards were:
1. 1562 El Camino Real, MU-SB-120 zone, 0.46 acre
2. 1058 Laurel Street, MU-N-40 zone (adjacent to RS-6 zone), 0.14 acre
3. 750 Walnut Street, RM-100 zone, 0.19 acre
These properties can be viewed online on the San Carlos Zoning Map here:
https://gis.cityofsancarlos.org/map
ANALYSIS:
The proposed standards establish objective criteria for various design elements, including entry design, massing, articulation, exterior finishes, and window design for future residential development in the mixed-use and multi-family zoning districts.
The following recommendations are proposed based on analyses of the test fits, stakeholder engagement, public comments and lessons learned from prior development projects. Staff seeks policy direction from Council for each of the topics below.
Development Standards:
1. Elimination of Maximum Residential Floor Area Ratio (FAR)1: Mixed-use and Multi-family zoning districts have a maximum FAR limit for proposed uses.
Analysis: General Plan Housing Element Policy [HOU 4.5] commits the City to continuously assess existing development standards that may pose a challenge for the creation of housing.
Previous feedback from developers indicated that FAR limits layered on to the existing development standards may present a challenge for projects to achieve minimum and maximum densities, especially for sites narrower than 100 feet, and for projects that include
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family-sized (3-bedroom) units. The consultant team evaluated three sites (Attachment 2) based on current development standards, including setbacks, upper-story step-backs, and maximum height. The analysis found that most sites could not develop to the maximum FAR permitted because of other required standards, such as building placement or setbacks and upper-story step-backs. The analysis also found that achieving maximum densities within the allowable FAR limits would lead to very small units.
In another testing scenario, the FAR limit was reached at five stories, even though six stories were permitted, effectively limiting the potential for additional residential units or density. This suggested that using FAR as a limiting regulation is redundant and unnecessarily restricts housing development within an allowable building envelope.
If FAR limits are eliminated, other form-based standards such as maximum height, setbacks, and step-backs would be the primary controlling factor for the mass and size of a structure.
Well-designed buildings with strong massing and articulation controls (height, step-backs, window design) typically make FAR impacts redundant. Emphasizing aesthetics rather than floor area leads to better design that fits in with a neighborhood and removes FAR as a constraint. This recommendation aims to encourage housing development in multi-family and mixed-use districts.
Recommendation: Eliminate the maximum FAR for the residential component of projects.
2. Establishment of Minimum and Maximum FAR for Commercial Area in Mixed-Use Projects:
Analysis: In the past applicants have proposed minimal commercial floor areas (e.g., 800- 900 sq. ft.) in primarily residential projects in order to be classified as “mixed-use” and therefore, benefit from relaxed standards in a mixed-use district. Such small commercial spaces are often unusable or infeasible for tenants due to their size and/or dimensions, and become difficult to lease and remain vacant.
A minimum and maximum FAR cap for mixed-use buildings is recommended to prioritize housing within the allowable building envelope while maintaining viable commercial uses.
Residential floor areas would not be subject to FAR limits under this proposal, only mixed-use projects containing commercial space.
Developments that are commercial-only development would remain permitted uses in all mixed-use districts and would be subject to current FAR standards for commercial development.
Recommendation: Establish minimum and maximum FAR requirements for the commercial component of mixed-use projects.
3. Reduction in Upper Story Step-backs2from 10 feet to 6 feet: Deeper upper-level stepbacks can significantly impact project viability of residential projects.
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Analysis: The three test fit analyses (Attachment 2) indicate that the required 10-foot upperstory step-back requirement on all sides is excessive, especially when combined with other setback regulations. These step-back requirements result in the loss of additional housing units on each floor and precludes a mix of small and family-sized units.
Currently, upper-story step-backs apply to the third story and above, requiring a 10-foot stepback from each story below.
Figure 1: Existing and proposed step-back standards
Existing Step-back (10’-0) Recommended Step-back (6’-0) This proposed adjustment would create more usable space for housing units, alleviate constraints on housing production, and minimize unusable space. No changes are proposed to existing exceptions that allow upper stories to align with lower ones.
Visually, the difference between a 10-foot and a 6-foot step-back is minimal, while the added floor area can be utilized for balconies, usable space, or additional housing units. This change would balance aesthetic considerations with the need to optimize housing opportunities.
Recommendation: Reduce the upper story step-backs from 10 feet to 6 feet.
4. Reduction of Rear Setbacks in Mixed-Use districts Adjacent to Single-Family (RS) Zoning: The current 30-foot rear setback requirement in mixed-use districts when adjacent to RS zones precludes the development of three-story buildings and renders sites infeasible for full potential development. This recommendation would primarily apply to MU-N-40:
Neighborhood Mixed-Use zoning districts.
Analysis: Site testing in the MU-N-40 district, primarily along East San Carlos Avenue and parts of Laurel Street, revealed that the existing 30-foot rear setback for properties adjacent to single-family zones is excessive and is a constraint for narrow and small lots. The test fit findings revealed that the 30-foot rear setback requirement limits development, forcing the use of very small, infeasible units to achieve desired densities. Depending on the building configuration, reducing the rear setback from 30 feet to 15 feet, and reducing step-backs could increase the building area by 20%, allowing for additional units.
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During community outreach, some homeowners expressed concerns about the setback reduction and suggested enhanced landscaping requirements to mitigate visual impacts. In response, staff incorporated their suggestions and proposed additional landscaping requirements with the draft standards. To provide a visual aid, consultants prepared 3D photo simulations (Figure 2) illustrating the proposed 15-foot rear setback. In the image on the right, the building in the rear appears slightly closer, demonstrating that the proposed reduction in rear setback to 15-feet will not visually make much of a difference. Existing maximum height standards are not proposed to be changed for any of the districts.
Figure 2: Existing and proposed rear setback standards
Existing Setback (30’-0) Recommended Setback (15’-0)
Potential project shown fronts E. San Carlos
Avenue and has a 35’-0 height limit and 30’-
0 rear setback.
Potential project shown fronts E. San
Carlos Avenue and has a 35’-0 height limit
and 15’-0 rear setback
Note: Housing projects with a certain percentage of Below Market Rate (BMR) units are entitled to request waivers or concessions under state density bonus law, potentially superseding setback/height/density/other requirements.
Recommendation: Reduce the rear setback in the mixed-use districts from 30 feet to 15 feet with robust landscaping standards.
5. Conditional Use Permit Requirement to Allow Residential Uses on the Ground Floor along El Camino Real: Residential uses currently require a conditional use permit (CUP) to occupy ground-floor spaces in mixed-use districts along El Camino Real.
Analysis: The Housing Accountability Act (HAA) applies to all projects with two (2) or more residential units. The HAA limits the amount of discretion the City has when reviewing housing development projects in zones where residential uses are allowed. Specifically, the City is limited to specific scenarios where it can either deny a housing project or impose conditions that reduce the proposed density of a project. Nothing in the HAA prevents the City from requiring a housing development project to comply with its objective standards.
Further, the State Density Bonus Law also allows applicants to request waivers or concessions to modify underlying development standards and permitted ground floor uses
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with a density bonus. Applicants may request to use these waivers and/or concessions to override CUP requirements or other zoning standards to accommodate housing or additional residential units.
Option 1: Remove CUP requirement and allow residential use by-right on the ground floor along El Camino Real in Mixed-use Districts.
Instead of requiring a CUP to allow a ground floor residential use, it is recommended to require specific “active use” standards for the ground floor. This would allow residential use on the ground floor, but require that they are active portions of a residential use such as a residential lobby, gyms, work from home spaces, etc. These activation standards would encourage diverse uses that support overall project feasibility and still contribute to an active ground floor atmosphere. Similar strategies have been implemented successfully in cities such as Sunnyvale and San Mateo activating ground-floor spaces and enhancing mixed-use district vibrancy.
Staff is further recommending that if this option is chosen, the portions of El Camino Real within the boundaries of the Downtown Specific Plan be excluded as the Downtown Specific Plan is expected to be adopted by the City Council in September 2025. Residential and mixeduse regulations for the portions of El Camino Real will be addressed within the Downtown Specific Plan.
Option 2: Limit Residential uses to upper floors along El Camino Real.
The Council may choose to prohibit residential use on the ground floor, allowing it only on the second floor and above. However, this prohibition may be overridden by state density bonus concessions and waivers. It is important to note that such a restriction could be perceived by State HCD as creating barriers or being overly restrictive to housing development.
Recommendation: Option 1: Remove CUP requirement and allow residential uses on the ground floor along El Camino Real.
REVIEW PROCESS CONSIDERATIONS
Currently, review of proposed multi-family and mixed-use development is conducted by the PTC as part of their design review authority. Staff recommends replacing this process with a new compliance review process using only objective criteria in conformance with state law.
Analysis: State law mandates evaluations of projects with two or more residential units to be evaluated based solely on objective standards. To align with these requirements, a staff-level review process, termed "Compliance Review" or ministerial review, is proposed for smallsized multi-family and mixed-use projects that meet established objective criteria.
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Proposed Compliance Review Process:
• Projects with four (4) or fewer residential units: Compliance Review performed at staff level with no public hearing.
• Projects with five (5) or more units: Compliance Review performed by the PTC for requested entitlements, with evaluations based solely on objective criteria, not discretionary findings.
Partial Discretionary Review:
If any project seeks deviations from objective standards, the City can conduct discretionary review for those specific deviations only. Staff recommends the introduction of:
• Minor Deviations: Adjustments to window trim or roof design, which have minimal visual impact, to be reviewed at the staff level by the Planning Director unless already under review by the PTC due to the number of units.
• Major Deviations: Changes such as massing or articulation to be reviewed by the PTC, but only for the requested deviation.
Discretionary Review:
Commercial projects and projects requiring entitlements (e.g., Planned Developments, Variances, or those not meeting Objective Standards) will continue to undergo discretionary review by the PTC or the City Council, as outlined in the Municipal Code.
Based on Council feedback, staff will develop detailed amendments to the project review process and prepare a draft for the PTC’s consideration. This draft will include objective standards, Compliance Review procedures, and noticing requirements for mixed-use and multi-family projects.
Following adoption of new ODS, staff will create a Compliance Review information packet, including pre-submittal guidelines, to support applicants in navigating the updated process. A similar process has already been implemented successfully for single-family projects.
Recommendation: Support the proposed Compliance Review process.
NEXT STEPS
Upon receiving feedback and direction from the Council, staff will revise the proposed amendments to Title 18 and bring them before the Planning and Transportation Commission for recommendation to the City Council, where a draft ordinance will be presented for consideration.
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Respectfully submitted by:
Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Recommendations for Mixed-Use and Multi-Family Objective Design Standards (Red-Lined)
2. Summary of Test Fits
3. Outreach Summary
4. Courtesy Noticing Material
5. Public Comments
Resources:
Objective Design Standards webpage – www.cityofsancarlos.org/designstandards
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CITY COUNCIL
STAFF REPORT
MEETING DATE: February 10, 2025
ITEM TITLE: Receive a Presentation and Provide Direction to Staff on the Design and Layout of Key Features for Improvements to the 700 Block of Laurel Street and Harrington Park (Phase 1 Downtown
Implementation Component).
RECOMMENDATION:
Receive a presentation and provide direction to staff on the design and layout of key features for improvements to the 700 block of Laurel Street and Harrington Park.
FISCAL IMPLICATIONS:
There are no fiscal impacts associated with Council discussing and providing direction on the details and layout of key features proposed for the 700 block of Laurel Street and Harrington Park.
Funds for this process, which includes development of design engineering (i.e. “shovel ready”) drawings, were appropriated by the City Council on October 28, 2024 through CIP Fund C2215 – Downtown Implementation. At this time, no funds have been appropriated for construction of improvements to downtown streets.
BACKGROUND:
After extensive community engagement in 2024, City staff and the WRT consultant team have received a great deal of feedback and direction to guide the redesign of downtown streets as part of the Downtown Specific Plan and Streetscape Master Plan project. This feedback comes from the community at large, the Council-appointed Downtown Advisory Committee, and all City commissions: Economic Development Advisory Commission; Parks, Recreation and Culture Commission; Youth Advisory Council; and the Planning and Transportation Commission.
On September 23, 2024, the City Council endorsed the proposed street redesigns for downtown San Carlos. These street designs recently authorized by the Council will serve as an imprint and influence the policies, standards, and specifications of the Downtown Specific Plan and Streetscape Master Plan as they continue to evolve.
During previous meetings with the City Council (most recently on September 23, 2024 and June 10, 2024), the Council expressed a strong desire to implement and begin construction on a portion of the proposed street redesigns. On October 28, 2024, the Council authorized WRT to prepare design engineering (i.e. “shovel ready”) drawings for the 700 block of Laurel Street plus Harrington Park, with the direction to begin construction on Harrington Park in 2025.
The 700 Block of Laurel Street plus Harrington Park comprise Phase 1 of the Downtown Streetscape Master Plan’s proposed street redesigns. Phase 1 is broken down into two
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subphases: Phase 1A consists of Harrington Park and Phase 1B consists of the entire span of the 700 block of Laurel Street, from Cherry to Olive Streets. Phase 1A and 1B will be designed as one complete project, however construction of Phase 1A is anticipated to commence in 2025, while construction of Phase 1B (Laurel Street) is undetermined at this time.
Figure 1. Phase 1 Downtown Streetscape Implementation: 700 Block Laurel and Harrington Park For Phase 1A and Phase 1B, the consultant team will complete cost checks at each stage of the design process and will keep City staff and the City Council informed along the way.
The phasing of design engineering and construction of remaining street segments in downtown, including the 1100 and 1200 blocks of San Carlos Avenue and the 600 and 800 blocks of Laurel Street, will be determined by the City Council as future funding is identified and becomes available. To help address future funding for downtown implementation, staff applied for a grant from the Metropolitan Transportation Commission (MTC) for funds to complete design engineering drawings for San Carlos Avenue. If awarded, a portion of these costs would be funded through the grant, and remaining funds would come from C2215 – Downtown Implementation, which has enough funds to cover the costs. Staff expects to hear from MTC in March this year if the City of San Carlos is awarded the grant.
The purpose of this meeting is to initiate Schematic Design of the 700 block of Laurel Street and Harrington Park. This is the first in a series of meetings. The process will move quickly, and more details will be presented with each successive meeting. The sum of these discussions around key features and design improvements will coalesce into one contiguous project with the same design language. The venue for these discussions will be held as Study Sessions with the City Council and all meetings will be announced to the community who are invited to attend and share feedback.
Schematic Design Process (700 Laurel and Harrington Park):
Currently, staff anticipates a total of four (4) Study Sessions with the City Council to develop the final Schematic Design for 700 Laurel and Harrington Park:
1) February 10, 2025: This Study Session will confirm site elements. Staff and the consultant team want to confirm program elements are in the right places as we enter detailed designs.
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2) February 24, 2025: This Study Session will confirm the designs for the pavilion and water feature. The project team will present the design of these features and describe the use, functionality, and materials. The goal is to have the Council weigh in and confirm the final designs for the pavilion and water feature.
3) March 10, 2025: This Study Session will confirm paving materials, site furnishings (benches, lights, etc.), and planting character. The goal is to have the Council weigh in and confirm these features.
4) April 14, 2025: This Study Session will review the Schematic Design as a whole with the goal of Council reconfirming the final design to be used for the next phase of design development drawings. This Study Session may or may not be needed and can be used at another time as appropriate.
To reiterate, while staff is currently planning on four (4) Study Sessions with the City Council, it may be possible to eliminate the April 14, 2025 meeting if it is not needed.
The project goal for the February 10 City Council Study Session is to ensure the big programmatic elements are in the right place. Staff’s goal is to leave this Study Session with clear City Council direction and to stay on schedule and break ground by the end of 2025.
Streetscape Master Plan Direction for 700 Block of Laurel Street & Harrington Park:
As a refresher, the City Council endorsed street redesigns (from September 23, 2024 Resolution No. 2024-111, Attachment 4 to this report) for the 700 Block of Laurel Street and Harrington Park, which includes the following key features:
✓ Maintaining the “sway” design from the 600 block of Laurel Street ✓ A full pedestrian plaza experience (closed to cars, and bicycle dismount zone) ✓ More room for outdoor dining
✓ Ample public seating
✓ Groves of trees for shading
✓ Public art opportunity for new fountain
✓ Activated/programming areas
✓ Bicycle parking
✓ Public drinking fountain
✓ Redesign of Harrington Park with multi-purpose stage/pavilion, public restrooms, trees and rain gardens, public seating
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Figure 2. 700 Block Laurel Street and Harrington Park: A central plaza features a main gathering area with a multi-use pavilion facing the plaza as well as Harrington Park and a water feature across the plaza from the pavilion.
Next Steps:
Following the Council’s direction, staff and the consultant team will refine the site layout and key features, and return to Council on February 24, 2025 to discuss the designs of the pavilion and water feature.
Respectfully submitted by:
Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. City Council Downtown Strategic Objective and Downtown Specific Plan + Streetscape Master Plan Study Area
2. Draft Vision Statement for Downtown San Carlos
3. Draft Guiding Principles for Downtown San Carlos
4. City Council Resolution No. 2024-111, September 23, 2024
5. Schematic Design – Phase 1A and 1B Design Layout
6. Project Schedule
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The San Carlos City Council adopted a Strategic Plan, which directed city staff to:
“….. work with residents, property owners, business owners, committees, commissions, the Chamber of Commerce, and all other interested members of the community to develop a plan to understand and ensure that the downtown meets the needs of the community and businesses now and into the future.”
The Downtown Specific Plan + Streetscape Master Plan study area (Figure 1) is framed by Holly Street to the north and Greenwood Avenue to the south, with El Camino Real to the east and Walnut Street to the west. The Downtown Specific Plan will also address the streets around the Civic Center: San Carlos Avenue, Cherry Street, Elm Street, and Chestnut Street as indicated by the green dotted line in Figure 1 below.
Figure 1. Downtown Specific Plan + Streetscape Master Plan Study Area
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ATTACHMENT 2
Draft Downtown Specific Plan Vision Statement
Downtown is the heart of San Carlos that provides a vibrant, pedestrian-friendly, safe, charming, futuristic, and accessible destination for the community and strongly expresses its unique culture and heritage. It is a place for celebration and gathering that offers diverse and authentic experiences through a draw of food, retail, services, art and music in a visually attractive environment for the growing community. Downtown is an inclusive place with easy access for all, opportunities for housing and businesses of all types, and inviting spaces for all users. Downtown San Carlos is a sustainable district, with landscape that supports ecological and community health & well-being.
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ATTACHMENT 3
Draft Guiding Principles for the Downtown Specific Plan and Streetscape Master Plan
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