Agenda packet — San Carlos City Council, March 23, 2026 (part 3 of 4)

CITY OF SAN CARLOS
ADOPTED CC: 03/26/26
REVISED CC: 02/17/26

ACCOUNTING TECHNICIAN I/II

DEFINITION
This classification is responsible for performing a variety of entry level and/or journey level clerical and technical accounting duties in support of all aspects of the Finance department, including the compilation and verification of financial and statistical data from a wide variety of sources. Positions in this classification may be flexibly staffed at the I or II level depending on experience, proficiency, and complexity of assignments.

DISTINGUISHING CHARACTERISTICS
Accounting Technician I: Entry-level position performs routine accounting tasks and duties within the Accounting Technician series under close supervision.

Accounting Technician II: Journey-level position performing more complex accounting duties and may provide lead direction to clerical staff. Demonstrates proficiency in all technical accounting areas and works independently with minimal supervision. The Accounting Technician II classification is the second level position in this class.

SUPERVISION
Performs duties under the supervision of the Senior Accountant and/or the Financial Services Manager.

ESSENTIAL AND IMPORTANT DUTIES
Duties may include, but are not limited to:
• Processes the City’s financial transactions in a timely manner in compliance with laws, regulations, and City policy.
• Performs a variety of clerical and technical accounting duties in support of accounts payable, accounts receivable, cash and check deposits and receipts, and cashiering. • Provides customer services in person and by telephone. • Obtains appropriate signatures and coding for unpaid invoices, verifies accuracy of invoices and system-generated invoice batches from City departments. • Files and maintains invoices, check registers, and other financial records. • Updates system master data including vendor records.
• Process purchase requisitions through to purchase order creation and support originating departments. • Prepares year-end 1099 forms for appropriate vendors. • Responds to inquiries on accounts payable, accounts receivable, and business registrations and renewals.
• Uses computer applications, including spreadsheets and word processing to prepares reports, memos, and supporting documentation.
• Works closely with vendors, payors, employees, and other agencies. • Performs research, organizes files, and performs other related duties as assigned. • Review payment requests from, and processing payments to, vendors for various City departments and agencies.
• Maintain accounts payable registers, ledgers, and other financial records. Reconcile accounts and reconstruct accounting record trails in order to locate and correct errors or to determine reasons for imbalances.
• Acts as back up for payroll processing duties.
• Respond to inquiries with the business community on issues relating to City Code and procedures to

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obtain a business registration.
• Assists in accounts receivable functions including receiving and analyzing bill data, generating bills and statements in the financial system, handling stale checks, and preparing and transmitting data to the city’s collection services provider.
• Research and answer finance-related questions from the general public and the City staff. • Involvement in budget process where needed such as assisting in maintaining budget files, entering budget detail, and preparing budget amendments and transfers. • Enter journal vouchers to the financial system and distribute Financial Reports to City Departments. • Take payments and payment packets from other departments, balance cash, prepare check and cash deposit reports, enter cash receipts to the financial system, and make deposits to the bank. • Prepare work papers and perform analyses in support of Annual Audit. • Provide assistance to Financial Services Manager and/or Accountant and/or Senior Accountant in implementing new programs and processes.
• Maintain effective working relationships with City employees and with the public. • Assist in fixed assets accounting.
• Prepare annual County Possessory Interest return.
• Carry out petty cash audits.
• File Federal and State wage and benefit reports, taxes and returns. • Acting as administrator for City Calcards, monitoring transactions, and reconciling monthly statements. • Perform similar related tasks not listed here as assigned. • Train other departments in financial system processes where applicable.

JOB-RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of: accounting methods, terminology, practices and procedures used in financial record keeping; computer spreadsheet software; office methods and practices, including familiarity with office equipment.

Ability to: post financial data and make arithmetical computations rapidly and accurately; operate office machines and use computers; provide excellent customer service; understand accounting practices; submit reports and information in a timely manner; efficiently and effectively prioritize work; follow oral and written instructions; work without direct supervision when needed; express self clearly and concisely in both verbal and written form; and process payments and other cash transactions.

Skills to: operate an office computer and a variety of word processing, spreadsheet, and software applications, including billing and financial systems. Enter and retrieve data into a standard computer with speed and accuracy sufficient to perform assigned work.

EDUCATION AND TRAINING
Accounting Technician I - high school diploma or equivalent and completion of two (2) bookkeeping or accounting courses and at least one (1) year of work experience in the area of Finance/Accounting (accounts receivable, accounts payable, payroll, cash handling, or general accounting). Proficient in spreadsheet and word processing applications required and familiarity with online financial systems preferred.

Accounting Technician II - high school diploma or equivalent and completion of two (2) bookkeeping or accounting courses and at least two (2) years of work experience as an entry level accounting technician.

Proficient in spreadsheet and word processing applications required and familiarity with online financial systems preferred. Ten-key by touch is required.

SPECIAL REQUIREMENTS
Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination in preparing statistical reports and data using a computer keyboard.

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Additionally, the position requires near vision in reading correspondence, statistical data, and using a computer, and hearing and speech to communicate in person and over the telephone. The need to lift, drag, and push files, paper, and documents weighing up to 25 pounds also is required.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

WORK ENVIRONMENT
Incumbent generally works in an office setting. The noise level in the work environment is usually quiet, but can be moderately noisy. The work environment requires working in a public setting and interacting with members of the public.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: March 23, 2026
ITEM TITLE: Adopt a Resolution Accepting the Highlands Park Path Project (C1811) and Authorizing the Public Works Director to Issue and Record a Notice of Completion.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution accepting the Highlands Park Path Project (C1811) (“Project”) and authorizing the Public Works Director to issue and record a Notice of Completion.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

The City Council awarded the contract to GradeTech, Inc. (“Contractor”) in the amount of $665,229.60, plus a 20% contingency of $133,045.92, for a total Project budget of $798,275.52.

The total cost to complete the Project was $639,153.49.

BACKGROUND:

The asphalt path that connects lower Highlands Park to Coronado Avenue was closed indefinitely due to pedestrian safety, slope erosion, and drainage concerns.

The condition of the path was a liability for the City due to the many cracks, potholes, and root intrusions that had potential to cause trip and fall injuries to the public if not addressed.

The Project improved pedestrian safety by repairing potholes, removing trees and roots that pose tripping hazards, and repaving the path. The Project also included installing a retaining wall along the edge of the path that will be used to improve drainage and implement the City’s open space fire mitigation program.

Staff retained Bellecci & Associates, Inc. (“Consultant”) to provide engineering services and prepare the construction documents.

Staff and the Consultant collaborated during the preparation of construction documents to ensure the improvements would not result in any negative impacts.

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The Project was publicly advertised on August 13, 2024, and sealed bids were opened by the City Clerk on September 3, 2024. The City Council awarded the Project to the Contractor at its meeting on September 23, 2024. The Contractor began the Project on May 20, 2025, to avoid working on the steep hillside during the rainy season.

ANALYSIS:

The Project was completed on January 7, 2026, in accordance with the approved Project plans and specifications. Therefore, staff recommend accepting the Highlands Park Path Project (C1811) and authorizing the Public Works Director to issue and record a Notice of Completion.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution accepting the Highlands Park Path Project (C1811) and authorizing the Public Works Director to issue and record a Notice of Completion; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS ACCEPTING THE HIGHLANDS PARK PATH PROJECT (C1811) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ISSUE AND RECORD A NOTICE OF COMPLETION.

WHEREAS, the asphalt path that connects lower Highlands Park to Coronado Avenue was closed indefinitely due to pedestrian safety, slope erosion, and drainage concerns; and WHEREAS, the condition of the path was a liability for the City due to the many cracks, potholes, and root intrusions that had potential to cause trip and fall injuries to the public if not addressed; and
WHEREAS, the Highlands Park Path Project C1811 (“Project”) improved pedestrian safety by repairing potholes, removing trees and roots that pose tripping hazards, and repaving the path; and
WHEREAS, the Project also included installing a retaining wall along the edge of the path that will be used to improve drainage and implement the City’s open space fire mitigation program; and
WHEREAS, staff retained Bellecci & Associates, Inc. (“Consultant”) to provide engineering services and prepare the construction documents; and
WHEREAS, staff and the Consultant collaborated during the preparation of construction documents to ensure the improvements would not result in any negative impacts; and WHEREAS, the Project was publicly advertised on August 13, 2024, and sealed bids were opened on September 3, 2024; and
WHEREAS, the City Council awarded the Project to GradeTech, Inc. (“Contractor”) at its meeting on September 23, 2024; and
WHEREAS, the Contractor began the Project on May 20, 2025, to avoid working on the steep hillside during the rainy season; and
WHEREAS, the Project was completed on January 7, 2026, in accordance with the approved Project plans and specifications; and
WHEREAS, staff recommend accepting the Project and authorizing the Public Works Director to issue and record a Notice of Completion.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby accepts the Highlands Park Path Project (C1811) and authorizes the Public Works Director to issue and record a Notice of Completion.
* * * * *

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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 23rd day of March 2026, 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: March 23, 2026
ITEM TITLE: Deny Claim of Brian Benjamin Witlin.

RECOMMENDATION:

Staff recommend that the City Council deny the claim of Brian Benjamin Witlin as recommended by the City’s claim administrators at Carl Warren.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by Brian Benjamin Witlin (“Claimant”). Staff recommend that the City Council deny the claim based on Carl Warren’s guidance.

The Tort Claims Act. California Government Code Sections 900, seq., mandates that all claims for money or damages against a public entity must be presented in writing to the public entity prior to filing suit. Generally, claims concerning personal injury, wrongful death, damage to personal property, or damage to crops must be presented to the public within six (6) months of the accrual of the claim. All other claims, principally claims on contracts and damage to real property, are subject to a one-year statute of limitations for presentation of the tort claim. Once a tort claim is received by the public entity, the entity has forty-five (45) days to act on the claim. A claim can be settled or rejected. If no action is taken within 45 days, the claim is deemed rejected by operation of law on the last day.

Claim Processing in San Carlos. When the City receives a claim, it is immediately forwarded to claims examiners at Carl Warren for investigation. Upon completing the investigation, Carl Warren provides the City with a recommendation on how to proceed with the claim.

About Carl Warren. Carl Warren is a leading national third-party administrator (TPA) that specializes in property and casualty claims management, subrogation recovery, and litigation management. Effective January 1, 2025, Carl Warren was hired by Pooled Liability Assistance Network Joint Powers Authority (PLAN JPA) to provide claims administration services to member cities. The City Council approved the City’s participation in the PLAN JPA (previously known as the Association of Bay Area Government Pooled Liability Assurance Network (ABAG PLAN) on November 27, 2017, and designated the Administrative Services Director and Senior

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Management Analyst as primary and alternate PLAN JPA Board members.

ANALYSIS:

On behalf of the Claimant, Barlett Williams from Williams & Gumbiner LLP filed a claim against the City for property damages. The Claimant alleges that flooding occurred on November 17, 2025, December 23, 2025, and January 4, 2026, as a result of the City’s public improvements in the Beverly Drive and Exeter Avenue area and/or its drainage facilities completed in the summer of 2025.

Staff reviewed the claim, examined records, and confirmed that the City has an agreement with Roadway Construction, Inc. for the services cited in the claim allegations. The agreement includes indemnity provisions requiring the contractor to indemnify. As such, Carl Warren recommends formal rejection of Brian Benjamin Witlin’s claim. The claim has also been tendered to Roadway Construction, Inc.

The Council’s rejection of this claim does not prevent City staff nor the staff of Carl Warren from continuing to work with the Claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny claim of Brian Benjamin Witlin; or

2. Do not deny claim of Brian Benjamin Witlin; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Witlin, Brian Benjamin Claim Form

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CITY COUNCIL

STAFF REPORT
MEETING DATE: March 23, 2026
ITEM TITLE: Deny Claim of Joanie Marie Kay.

RECOMMENDATION:

Staff recommend that the City Council deny the claim of Joanie Marie Kay as recommended by the City’s claim administrators at Carl Warren.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by Joanie Marie Kay (“Claimant”). Staff recommend that the City Council deny the claim based on Carl Warren’s guidance.

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Management Analyst as primary and alternate PLAN JPA Board members.

ANALYSIS:

The Claimant filed a claim against the City for bodily injuries. Claimant alleged that on July 15, 2025, she was walking on the crosswalk of the 700 block of Laurel Street when she stepped back to avoid a woman pushing a stroller at high speed and fell. As a result, the Claimant sustained multiple fractures requiring surgery. Claimant is seeking $8,000 in damages.

On January 27, 2026, staff issued a notice of insufficiency because the claim failed to state the specific location of the incident or establish any connection to the City that could give rise to liability. City has not received any response from the Claimant since then. As such, Carl Warren recommends formal rejection of Joanie Marie Kay‘s claim.

The Council’s rejection of this claim does not prevent City staff nor the staff of Carl Warren from continuing to work with the Claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny claim of Joanie Marie Kay; or

2. Do not deny claim of Joanie Marie Kay; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Kay, Joanie Marie Claim Form

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CITY COUNCIL

STAFF REPORT
MEETING DATE: March 23, 2026
ITEM TITLE: Adopt a Resolution Accepting the Sanitary Sewer Easement Over a Portion of the Property at 620 Terrace Road, San Carlos, County of San Mateo, California.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution accepting the sewer easement at 620 Terrace Road.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

BACKGROUND:

Bianca Elbia Zelnik, as Trustee, owns the real property at 620 Terrace Road (the “Property”). A City-owned sewer pipe crosses the Property as originally installed in 1962. In May 2019, there was a break in the segment of the sewer line on the Property, which resulted in litigation that is now settled. Granting the easement is part of the settlement.

ANALYSIS:

A sewer easement is required by the City for the purposes of construction, access, maintenance, replacement, and repair of the existing sewer pipe at 620 Terrace Road. Staff recommend that the City Council adopt a Resolution accepting the sewer easement and authorizing the Interim City Manager to sign documents necessary to record acceptance of the easement with the San Mateo County Recorder.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution accepting the sewer easement at 620 Terrace Road; or

2. Do not accept the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director

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Approved for submission by:
_____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution
Exhibit A to Resolution – Sewer Easement for 620 Terrace Road

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RESOLUTION NO. 2026 – ____

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

ACCEPTING THE SANITARY SEWER EASEMENT OVER A PORTION OF THE PROPERTY AT 620 TERRACE ROAD, SAN CARLOS, COUNTY OF
SAN MATEO, CALIFORNIA.

WHEREAS, Bianca Elbia Zelnik, trustee, is the owner of the real property at 620 Terrace Road (the “Property”); and
WHEREAS, a City-owned sewer pipe crosses the Property as originally installed in 1962.

In May 2019, there was report of a break in the segment of the sewer line on the Property; and WHEREAS, after the report of the break, litigation over the pipe and its location commenced; and
WHEREAS, the litigation was settled on September 25, 2025. The granting of the easement is a term of the settlement.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby accepts the sewer easement at 620 Terrace Road, described and shown in Exhibit A attached hereto and made a part hereof, and authorizes the Interim City Manager to sign documents necessary to record acceptance of the easement with the San Mateo County Recorder. * * * * *
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 23rd day of March 2026, by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
Exhibit A – 620 Terrace Road Sewer Easement
AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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RECORDING REQUESTED BY:

City of San Carlos

AND WHEN RECORDED MAIL

DOCUMENTS AND TAX
STATEMENTS TO:

City Clerk
City of San Carlos
600 Elm Street
San Carlos, CA 94070

Space above for Recorder’s use
The undersigned grantor(s) declare(s):

City Transfer Tax $0.00
Recording Fees $0.00, Exempt per Government Code §§ 6103, 27383 Documentary Transfer Tax $0.00, Exempt per Rev. & Tax Code § 11922 (Gov. agency acquiring title) Survey Monument Fee $ 0.00
(_) computed on full value of property conveyed, or
(_) computed on full value of liens and encumbrances remaining at the time of sale.

Location: (x) City of San Carlos, () Unincorporated area APN: 051-073-280

EASEMENT DEED
FOR VALUE RECEIVED, receipt of which is hereby acknowledged, Bianca Elbia Zelnik, Trustee of the Gerard Kenneth Zelnik and Bianca Elbia Zelnik Revocable Trust dated April 10, 1997 (together, “Grantor”) hereby grants to the City of San Carlos, a municipal corporation (“Grantee”), a sewer easement over and across that certain real property in the City of San Carlos, State of California that is (1) described in Attachment A and depicted in Attachment B and incorporated herein; and (2) described in that certain Correctory Deed of Easement recorded at Document No. 1992-090154 on June 10, 1992 in the official records of the County of San Mateo and incorporated herein (collectively, the “Easement Area”).

TO HAVE AND TO HOLD said easement for the purpose of acquiring, constructing, completing, reconstructing, repairing, maintaining, and operating sanitary sewers and appurtenances for drainage purposes for said Grantee, together with the right of ingress and egress therefor.

PROVIDED FURTHER, that Grantor may, at its sole cost and expense without reimbursement, landscape the surface of the Easement Area with any vegetation or ground cover that is readily removable, (not to include, however, any trees, deep rooted shrubbery or other deep rooted plants), and may make such other use of the surface of the Easement Area that will not unreasonably interfere with Grantee’s use and enjoyment of the Easement Area. 4930-4076-1721 v1
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Exhibit A

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IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Deed as of the dates and year written below.

GRANTOR: GRANTEE:

BIANCAMALBIA ZELNIK, Trustee of the | CITY OF SAN CARLOS, a Municipal Gerard Kenneth Zelnik and Bianca Elbia Corporation Zelnik Revocable Trust dated April 10,
1997

By: [oCurhbherr
Nanfe: Nil Blackburn, Interim City Manager Date: 02-25 _, 2026 Date: O7-Ze __, 2026 4930-4076-1721 v1
20f 11

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

State of California )
) ss
County of on Maleo ) CS
On February LS 5202 before me, Oona witha 3 Cc orse yf ; (Name of Notary)
notary public, personally appeared Bianca Elbin tekni Ic who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)dsyare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ientheir authorized capacity(ies), and that by his/Ker/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SAMANTHA i J. COPSEY 7 Notary Pubiie + California é E San Mateo Count Commission # 2517959 :

My Comm, Expires May 18, 2029
ary Signature)
4930-4076-1721 v1
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State of California )
) ss
coy of Gan Ualco ) On Februar —26, Le, 20702 _, before me, Samantha SS: CopStv\ \ BK Notary) notary public, personally appeared Wi Blacdboper nw who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) d9/are subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/ér/their authorized capacity(ies), and that by his/Mer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public - - California
San Mateo County
ake! Commission # 2517959

Sites” my Comm, Expires May 18, 2029
otary Si e)
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Certificate of Acceptance
This is to certify that the interests in real property conveyed by the Easement Deed dated Pooruary 25 _, 2026, from Bianca Elbia Zelnik, Trustee of the Gerard Kenneth Zelnik and Bianca Elba Zelnik Revocable Trust dated April 10, 1997, as grantor, to the City of San Carlos, a California municipal corporation, as grantee, are hereby accepted by the Interim City Manager of the City of San Carlos pursuant to authority conferred by the City Council of the City of San Carlos, and grantee consents to recordation of said Easement Deed.

Date: February Ze 2020 By het hhwbhn. Nil Blackburn, Interim City Manager 4930-4076-1721 v1
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State of California )
) ss
County of Gan Male. Meleo )
On fe band an A Ze Le_ , before me, w mh a -_ Copsess > "Bl (0 ata
notary public, personally appeared

Ckburv—
who proved to me on the basis of satisfactory yo to Ok ihe person(s) whose name(s) Gs/are subscribed to the within instrument and acknowledged to me that he/stié/they executed the same in his/Két/their authorized capacity(ies), and that by his/hér/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SAMANTHA J, COPSEY
Notary Public - California
San Mateo County z aed Commission # 2517959 8 Te . Expires May 18, 2 ignature) SES” my Comm. Expires May 18,

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ATTACHMENT A
4930-4076-1721 v1
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JANUARY 9, 2026
EXHIBIT “A”

LEGAL DESCRIPTION

SANITARY SEWER EASEMENT

OVER A PORTION OF THE LANDS OF ZELNIK

CITY OF SAN CARLOS, COUNTY OF SAN MATEO, CALIFORNIA

ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SAN CARLOS, COUNTY

OF SAN MATEO, STATE OF CALIFORNIA, SAID REAL PROPERTY BEING A PORTION OF

LAND, OVER AND UNDER THE LANDS OF ZELNIK, AS DESCRIBED IN THAT CERTAIN GRANT DEED, DOCUMENT No. 2016-012494, RECORDED FEBRUARY 11, 2016, IN THE OFFICIAL RECORDS OF SAN MATEO COUNTY, BEING A PORTION OF LOT 12. “MAP OF LAUREL TERRACE,” SAID MAP FILED IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY, AUGUST 19, 1914, INBOOK 9 OF MAPS AT PAGE 29 (HEREINAFTER REFERRED TO AS “LANDS OF ZELNIK”), SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 12, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY LINE OF TERRACE ROAD (40’ WIDE) AS SHOWN ON SAID “MAP OF LAUREL TERRACE,” (9 MAPS 29);
THENCE FROM SAID POINT OF COMMENCEMENT, THE FOLLOWING TWO (2) COURSES:

1. ALONG THE SOUTHERLY LINE OF LOT 12, NORTH 79°07747” EAST, A DISTANCE OF 155.86 FEET, TO THE EASTERLY LINE OF THAT CERTAIN REAL PROPERY AS DESCRIBED AS PARCEL TWO OF THE “CORRECTORY DEED OF EASEMENT,” RECORDED JUNE 10, 1992, AS DOCUMENT No. 92090154, OFFICIAL RECORDS OF SAN MATEO COUNTY:

2. LEAVING SAID SOUTHERLY LINE AND ENTERING THE LANDS OF ZELNIK, ALONG SAID EASTERLY LINE OF SAID “CORRECTORY DEED OF EASEMENT,” NORTH 10°51’36” WEST, A DISTANCE OF 1.24 FEET, TO THE POINT OF BEGINNING FOR THIS DESCRIPTION;

THENCE FROM THE POINT OF BEGINNING, TRAVERSING THROUGH THE LANDS OF ZELNIK, THE FOLLOWING THREE (3) COURSES:
1, ALONG SAID EASTERLY LINE OF “CORRECTORY DEED OF EASEMENT,” NORTH 10°51°36” WEST, A DISTANCE OF 28.44 FEET;

2. NORTH 4°41°39” EAST, A DISTANCE OF 15.00 FEET;

3. LEAVING SAID EASTERLY LINE, SOUTH 5°30°06” EAST, A DISTANEM OF 43.08 FEET TO THE POINT OF BEGINNING.

CONTAINING 57.2 SQUARE FEET, MORE OR LESS.

END OF DESCRIPTION
8 of 11

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BEING A PORTION OF THE SAN MATEO COUNTY ASSESSOR’S PARCEL NUMBER 051-073- 280.

A PLAT, EXHIBIT “B” TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND MADE A PART THEREOF.

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN JULY OF 2024 PURSUANT TO SECTIONS 8725, 8726 (3), AND 8726 (7) OF THE PROFESSIONAL LAND

SURVEYORS ACT OF THE STATE OF CALIFORNIA (BUSINESS AND PROFESSIONS CODE SECTIONS 8700-8805.

LICENSED LAND SURVEYOR No. 8570
(EXP. 03/31/2027)

STATE OF CALIFORNIA
J:\CONJobs1\171 14-Zelnik ....docx
9 of 11

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ATTACHMENT B
4930-4076-1721 v1
10 of 11

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EXHIBIT "B"
APN 051-073-290 GRAY .. APN 051-073-280
DOC. No. 97~040872 O.R. 7 ZELNIK
} DOC. No.

CORRECTORY oan Ey DEED Fak OF 2016—-012494 OLR.

EASEMENT 1992~-090154
PARCEL 2 57.2 SQ FT

RECORD OF SURVEY
VOL 48 LLS PG 45
N10°5 |'36"W
APN 051-073-270
IGWE

RECORD OF SURVEY
VOL 28 LLS PG 79
SCALE: 1 INCH = 10 FT
SANITARY SEWER EASEMENT JOB # 17114
OVER A PORTION OF THE LANDS OF ZELNIK JANUARY 9, 2026 CITY OF SAN CARLOS, COUNTY OF SAN MATEO, CALIFORNIA SHEET 1 OF 1 44 nf 11

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CITY COUNCIL

STAFF REPORT
MEETING DATE: March 23, 2026
ITEM TITLE: Adopt a Resolution Awarding the 2025 Storm Drain Improvements Project (C9531); Authorizing the Execution of an Agreement with Devaney Engineering, Inc. in the Amount of $475,500; and Authorizing a 20% Contingency in the Amount of $95,100 for a Total Not-to-Exceed Project Cost of $570,600.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution awarding the 2025 Storm Drain Improvements Project (C9531) (“Project”); authorizing the execution of an agreement with Devaney Engineering, Inc. in the amount of $475,500; and authorizing a 20% contingency in the amount of $95,100 for a total not-to-exceed project cost of $570,600.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

The Project is funded out of C9531, which has an available project budget of approximately $1,614,319 for fiscal year (FY) 2025-26. There is sufficient budget to award and complete the Project with contingency.

BACKGROUND:

Staff annually assess the storm drain system to identify deficiencies in the interest of preventing and resolving drainage or maintenance issues. These deficiencies include undersized storm drain mains and structures; deteriorated storm drain mains and structures; reverse grades or not enough grade along the street to guide storm runoff to an existing storm system; minor flooding issues; and blockages in existing storm pipelines and inlets due to root infiltration or debris.

After the recent winter storms, staff evaluated deficient sites and prioritized each location according to the severity, impact to residents and businesses, cost to benefit ratio, and determined potential repairs.

Four locations are prioritized for repairs under this Project:

1. 422 Clifton Avenue – remove and replace an existing 15-inch diameter storm drain main with a new 18-inch diameter storm drain main and replace existing storm drain inlets to mitigate flooding during storm events within the right-of-way.

2. 100 Block of Kenton Avenue – install a new 16-inch diameter parallel storm drain main

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March 23, 2026 Packet Pg. 444
and manholes to assist with capacity issues and reduce flooding along Clifton Avenue.

3. Intersection of Manzanita Avenue and Cedar Street – install a new storm drain inlet and 12-inch diameter storm drain piping for tie ins to capture excess stormwater runoff within the right-of-way.

4. 333 Shoreway Road – install new 12-inch diameter storm drain piping to connect existing storm drain inlets to mitigate flooding during storm events within the right-of-way.

ANALYSIS:

On February 10, 2026, the City advertised for bids for construction of the Project and bids were opened on March 3, 2026. Bids for the Project were received with the following results:

Contractor Bid Amount
Engineer’s Estimate $1,100,000
Devaney Engineering, Inc. $475,500
Casey Construction $478,090
Golden Bay Construction $596,615
A3 Pipeline $668,888
GradeTech $673,575
JDB & Sons Construction $698,200
DPI $785,345
Westrock Engineering $851,350
C2R Engineering $929,000
Bay Pacific Pipeline $1,008,085
WR Ford Associates $1,067,040
Altor Construction $1,166,000
The lowest responsible and responsive bid for the Project was submitted by Devaney Engineering, Inc. in the amount of $475,500.

After bid evaluations, staff recommend awarding the contract to the lowest responsible and responsive bidder identified above and authorizing the expenditure of a 20% contingency.

ALTERNATIVES:

Options available to the City Council include:

1. Adopt a Resolution awarding the awarding the 2025 Storm Drain Improvements Project (C9531); authorizing the execution of an agreement with Devaney Engineering, Inc. in the amount of $475,500; and authorizing a 20% contingency in the amount of $95,100 for a total not-to-exceed project cost of $570,600; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

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March 23, 2026 Packet Pg. 445
Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution

2. Devaney Engineering Bid

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AWARDING THE 2025 STORM DRAIN IMPROVEMENTS PROJECT (C9531);

AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DEVANEY ENGINEERING, INC. IN THE AMOUNT OF $475,500; AND AUTHORIZING A 20% CONTINGENCY IN THE AMOUNT OF $95,100 FOR A TOTAL NOT-TO-EXCEED PROJECT COST OF $570,600.

WHEREAS, staff annually assesses the storm drain system to identify deficiencies in the interest of preventing and resolving drainage or maintenance issues; and WHEREAS, these deficiencies include undersized storm drain mains and structures; deteriorated storm drain mains and structures; reverse grades or not enough grade along the street to guide storm runoff to an existing storm system; minor flooding issues; and blockages in existing storm pipelines and inlets due to root infiltration or debris; and WHEREAS, after the recent winter storms, staff evaluated deficient sites and prioritized each location according to its severity, impact to residents and businesses, cost to benefit ratio, and determined potential repairs; and
WHEREAS, four locations are prioritized for repairs under the 2025 Storm Drain Improvements Project (C9531) (“Project”): 422 Clifton Avenue, the 100 block of Kenton Avenue, the intersection of Manzanita Avenue and Cedar Street, and 333 Shoreway Road; and WHEREAS, on February 10, 2026, the City advertised for bids for construction of the Project and bids were opened on March 3, 2026; and
WHEREAS, the lowest responsible and responsive bid for the Project was submitted by Devaney Engineering, Inc. in the amount of $475,500.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby awards the 2025 Storm Drain Improvements Project (C9531); authorizing the execution of an agreement with Devaney Engineering, Inc. in the amount of $475,500; and authorizing a 20% contingency in the amount of $95,100 for a total not-to-exceed project cost of $570,600. * * * * *
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 23rd day of March 2026, by the following vote:

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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March 23, 2026 Packet Pg. 447
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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BID PROPOSAL
2025 Storm Drain Improvements Project
Clifton Avenue, Kenton Avenue, Manzanita Avenue, and
Shoreway Road
CITY PROJECT NO. C9531
Bid To: — Honorable Mayor and City Council
City of San Carlos, City Hall
San Carlos, CA 94070
Bid From: Bidder’s Company Name: DEVANEY ENGINEERING, INC.

Contact Person: DEREK DEVANEY

Business Street Address: 2655 VAN NESS STREET, STE 3
City, State, Zip Code: SAN FRANCISCO, CA 94109
Phone No.: (415) 559-0429
E-mail:

DEREK@DEVANEYENGINEERING .COM
Contractor License No.: _1001380

Contractor License Expiration Date: 02/28/2027
Dear Mayor and Members of the City Council:
|, as bidder, declare that | have satisfied myself as to the actual conditions and requirements of the work by careful examination of the location of the proposed work, by examination of the plans and specifications including the Instructions to Bidders, and by other measures, and that after submission of the bid, | will not dispute, complain or assert that there was any misunderstanding in regards to the nature or amount of work to be done. | hereby certify that only those parties interested in this proposal as principals are named in this proposal and that this bid is genuine, and not sham, collusion, or made in the interest or in behalf of any person not named. | have not directly or indirectly induced or solicited any other bidder, person, firm or corporation to put in a sham bid, or refrain from bidding, and have not in any manner sought by collusion to secure for myself an advantage over any other bidder. | agree that if this proposal is accepted, | will contract with the City of San Carlos in the form of agreement proposed, will provide all bonds and insurance certificates as required by the

agreement and will furnish all equipment and materials and perform all the labor required to Bid Proposal 2025 Storm Drain Improvements Project
Page P-3 Project No. C9531

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BID PROPOSAL

TABLE OF CONTENTS
Bid Proposal Cover Page... ceccsccsessseesseseessesssessesceeseeecsenesaecessessseeesecseserseeres P-1 Bid Proposal Table of Content .0.............::eccecececescseeeesesesenececsesesenecseseeassesesenenes P-2 BID PROPOSAL PAGES TO BE SUBMITTED WITH BID:

Bid PropOSal 0.0.0.0... eceeeeeeceeecssesseeseeseessecesesesseesaseeeeseescsesseesaacaseaeenssseececeeecetessesaseaee P-3 Bidding REquirements.........ccccccssesseecseesssecsesseeseeesecsessssecaesseseseccesseccesasseeasseeneeees P-4 Bid SCHECUIC ooo... eee cece cee caceescececsencecaeasacseeeaesenensasaseeesasenesecetensneneenenses P-6 Designation of Subcontractors ........... ce eeeeseeeescseseeeseeeecseseseseneeesaeaeseaesesesesesasanes P-8 Department of Industrial Relations Registration Requirement..................::0c0008 P-8 Certifications and Affidavits
Non-Collusion Affidavit 2.2... ccccccccsscsesescesesesesseecseseseeecsesessnesscscaeaeseeseecseesecaes P-9 Bidder’s Qualifications ..............eceecccccesseseeeceecsecsesecseeaceeeseceecesseesseeaesetsceetenees P-10 Bidder’s References 02... cesececssssesessseeeeceeseeessesenensesenececseasecsesasssseaeseeseecaeaes P-11 Signature Pages...

Bid Proposal Page P-2 2025 Storm Drain Improvements Project Project No. C9531

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March 23, 2026 Packet Pg. 450
complete the work in accordance with the plans, specifications and other contract documents, for the unit or lump sum prices set forth in the Bid Schedule. | have carefully checked all of the figures in the Bid Schedule and understand that the City shall not be responsible for any errors or omissions on my part in making up this bid. | agree that this bid may not be withdrawn for a period of ninety (90) calendar days from the date of the bid opening and that the City reserves the right to reject any or all bids, waive any informality in bids received, and may at its option make the award that in the judgment of the City is to the best interest of the City.

BIDDING REQUIREMENTS
The work to be done and referred to here is in the City of San Carlos, County of San Mateo, State of California, and shall be constructed in accordance with all provisions of the project specifications and project plans including: any addenda; the Instructions to Bidders, the Agreement; the Standard Specifications and Standard Plans of the California Department of Transportation, current edition; the Labor Surcharge and Equipment Rental Rates; and payment of not less than the higher of the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations or Federal minimum wage rate as predetermined by the United States Secretary of Labor in effect on the date the work is performed.

For each of the various contract items of work designated on the Bid Schedule, the bidder shall set forth a unit or lump sum price which the bidder shall then use to calculate and designate a total cost for each item of work based upon the designated estimate of the quantities of work to be done, all in clearly legible figures in the respective spaces of the Bid Schedule provided for this purpose.

The bidder shall include in the unit or lump sum prices paid for the various contract items of work full compensation for conforming to the requirements of the Contract Documents and for completing all of the work required. No additional compensation shall be granted for any additional items unless categorized and approved as extra work under the terms of the agreement.

The City reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer. There shall be no claim for damage or loss of anticipated profit for any bid item omitted in its entirety, and payment will only be made on the basis of actual quantities of work performed.

If the City accepts this proposal and the bidder fails to enter into the contract and/or fails to furnish bonds as required by the specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from the City that the contract has been awarded, the City may, at its option, determine that the bidder has breached and abandoned the contract, and thereupon, the bid security accompanying this proposal shall be forfeited and become the property of the City.

The Notice to Proceed will not be issued until after the contract has been fully executed. The

contractor shall commence the work under the contract within ten (10) days following the date of Bid Proposal 2025 Storm Drain Improvements Project
Page P-4 Project No. C9531

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March 23, 2026 Packet Pg. 451
the Notice to Proceed, or as otherwise specified in the project specifications or negotiated with the City, and shall diligently prosecute the project to completion within the time specified. The contract completion period is inclusive of the time needed for material delivery. Bidder shall comply with the requirements of the California Labor Code, including sections 1770 et seq., and pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Engineer, which copies shall be made available to any interested party upon request. The Contractor shall post a copy of such determination at the job site.

As required by Section 6705 of the California Labor Code and in addition thereto, for any excavation of any trench or trenches five feet (5’) or more in depth, the Contractor shall submit to the Engineer for acceptance, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effective than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health.

In accordance with the provisions of Section 1860 of the Labor Code, prior to performing work on the Contract, each Contractor to whom a public works contract is awarded shall sign and file with the City the Worker's Compensation Certification included in the “Agreement and Agreement Forms” section of these specifications.

Bidder’s attention is directed to Section 2 of the General Provisions for additional information and requirements pertaining to the submission of a bid, and which is incorporated here by reference.

Bidder’s attention is directed to Section 2.13, “Required Contractor and Subcontractor Registration,” of the General Provision. All contractors shall register with the Department of Industrial Relations according to Labor Code Section 1725.5.

Any protest of the proposed contract award must be submitted in writing to the City no later than 5:00 p.m. on the fifth business day following the date of the bid opening. Bidder is directed to the “Bid Protest Procedure” Section of the General Provisions for additional information.

Bid Proposal 2025 Storm Drain Improvements Project
Page P-5 Project No. C9531

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BID SCHEDULE
Bids are to be submitted for the entire work. All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or royalties are included in the prices quoted in the bid.

In the case of a discrepancy between the product of the “Estimated Quantity’ and the “Unit Price” with the “Item Total’, the product of the “Estimated Quantity” and the “Unit Price” shall prevail and the figure shown as the “Item Total” shall be adjusted accordingly, except as provided in cases involving (a) or (b) below:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount entered in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shail be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the item total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Engineer’s Estimate.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

In the case of a discrepancy between the sum of the figures in the item total column (adjusted per the previous paragraphs, if necessary) and the amount set forth as the total base bid amount, the sum of the figures in the item total column shall prevail and the amount shown as the total base bid amount shall be adjusted accordingly.

Bid Proposal 2025 Storm Drain Improvements Project
Page P-6 Project No. C9531

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BASE BID ITEMS ARE AS FOLLOWS:
2025 Storm Drain Improvements Project Clifton
Avenue, Kenton Avenue, Manzanita Avenue, and
Shoreway Road

CITY PROJECT NO. C9531

a Item Description Quant Unit Unit Price Item Total
Clifton Avenue Improvements
1 Mobilization & Demobilization (5%) 1 Ls $3,000 $3,000 2 Traffic Control 1 LS $5,000 $5,000
3 Storm Water Control 1 LS $1,000 $1,000
4 Site Preparation, Clearing, and Demolition 1 LS $3,000 $3,000 5 Shoring 1 LS $500 $500
6 Excavation, Off-haul, and Disposal 70 CY $50 $3,500
7 16" Storm Drain Pipe 10 LF $400 $4,000
8 18" Storm Drain Pipe 110 LF $400 $44,000
9 Storm Drain Manhole 1 EA $10,000 $10,000
10 Paving Restoration 4 LS $5,000 $5,000
11 Driveway Restoration 1 LS $10,000 $10,000
12 Site Restoration 1 Ls $3,000 $3,000
Clifton Avenue Subtotal $92,000
Kenton Avenue Improvements
13 Mobilization & Demobilization (5%) 1 LS $5,000 $5,000 14 Traffic Control 1 LS $5,000 $5,000
15 Storm Water Control 1 LS $1,000 $1,000
16 Site Preparation, Clearing, and Demolition 1 LS $3,000 $3,000 17 Shoring 1 LS $500 $500
18 Excavation and Off-haul 550 CY $50 $27,500
19 16" Storm Drain Pipe 380 LF $400 $152,000
20 Storm Drain Manhole 2 EA $10,000 $20,000
21 Paving Restoration 1 eS) $10,000 $10,000
22 Concrete Repair 4 LS $3,000 $3,000
23 Site Restoration 1 LS $3,000 $3,000

Kenton Avenue Subtotal $230,000
Bid Proposal
Page P-7 2025 Storm Drain Improvements Project
Project No. C9531

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fig Item Description Quentiyy Unit Unit Price | Item Total Manzanita Avenue Improvements
24 Mobilization & Demobilization (5%) 1 LS $2,000 $2,000 25 Traffic Control 1 LS $5,000 $5,000
26 Storm Water Control 4 LS $1,000 $1,000
27 Site Preparation, Clearing, and Demolition 4 LS $1,000 $1,000 28 Shoring 1 LS $1,000 $1,000
29 Excavation and Off-haul 60 CY $50 $3,000
30 12" Storm Drain Pipe 35 LF $500 $17,500
31 Storm Drain Catch Basin 1 EA $6,500 $6,500
32 Paving Restoration 1 LS $2,500 $2,500
33 Concrete Repair 41 LS $2,500 $2,500
34 Site Restoration 1 LS $2,500 $2,500
Manzanita Avenue Subtotal $44,500
Shoreway Road Improvements
35 Mobilization & Demobilization (5%) 1 LS $5,000 $5,000 36 Traffic Control 1 LS $5,000 $5,000
37 Storm Water Control 1 LS $1,000 $1,000
38 Site Preparation, Clearing, and Demolition 41 LS $3,000 $3,000 39 Shoring 1 LS $5,000 $5,000
40 Excavation and Off-haul 180 CY $50 $9,000
41 12" Storm Drain Pipe 220 LF $300 $66,000
42 Catch Basin Installation 1 EA $5,000 $5,000
43 Paving Repair 1 LS $5,000 $5,000
44 Concrete Repair 1 LS $2,500 $2,500
45 Site Restoration 1 LS $2,500 $2,500
Shoreway Road Subtotal | $109,000
Total $475,500
Total Base Bid Amount: $ 475/500
Notes:

1. The Contract will be compared and awarded on the basis of the Total Base Bid Amount.

2. Allitems on the Base Bid Schedule must be bid. Partial bids will not be accepted.

3. The City reserves the right to reject all bids for any reason whatsoever.

4. Issuance of the “Notice to Proceed’ will constitute the beginning of the Contract.

Bid Proposal 2025 Storm Drain Improvements Project
Page P-8 Project No. C9531

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In accordance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code sections 4100 ef seq. (the “Subcontracting Act”), the Bidder hereby certifies and submits, as required by law, the following concerning subcontractors:

1. The portion of the work, which will be done by each such subcontractor; and

2. The name and location of the place of business of each subcontractor who will perform work or labor, fabricate a portion of the work or improvement according to detailed drawings in the project plans, or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (0.5%) of the Contractor's total bid.

Portion of Work to be Subcontractor Name, Registered
Performed by Subcontractor Address and License Number with DIR? Required (License No. under AB 44) check if yes

NONE

(For additional Subcontractors, attach copies of this sheet as necessary) Note: THIS CERTIFICATE MUST BE COMPLETED AND RETURNED ALONG WITH THE CONTRACTOR’S BID PROPOSAL. v DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIREMENT In accordance with Labor Code Section 1725.5, all contractors and subcontractors listed on a

public works bid proposal must be registered with the DIR.

Bid Proposal 2025 Storm Drain Improvements Project
Page P-9 Project No. C9531

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NON-COLLUSION AFFIDAVIT
Title 23 United States Code Section 112 and
Public Contract Code Section 7106
State of California )
)ss.

County of SAN FRANCISCO)
DEREK DEVANEY (name of person signing affidavit), being first duly sworn, deposes and says under penalty of perjury under the laws of the State of California, that the person has the right, power, legal capacity, and authority to execute this Affidavit as PRESIDENT (sole owner, partner, president, secretary, etc) of

DEVANEY ENGINEERING, INC. (legal name of Bidder), the Bidder, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in any false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles and signature. (Signature of Representative of Bidder) s
Subscribed and sworn to before me, a Notary Public in and for the State of California, County of SAN FRANCISCO , this 3RD dayof_ MARCH , 20 26

SEE ATTACHED

CALIFORNIA

CERTIFICATE
Signature of Notary Public:

My Commission expires , 20
NOTE:

THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED AS PART OF THE CONTRACTOR’S BID PROPOSAL.

Bid Proposal 2025 Storm Drain Improvements Project
Page P-10 Project No. C9531

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0 See Attached Document (Notary to cross out lines 1-6 below) (1 See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)

Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California Subscribed and sworn to (or affirmed) before me ourtty. 8 San Francisco on this 3% day of Mac , 20. 26
by Date Month Year
(1) Ver ek Ye vauey
(and (2) )s
Name(s) of Signer(s)

ALAN LEONG
é) i ag Zz proved to me on the basis_of satisfactory evidence 7 Commission # 2404244 to be the person(s)
~ My Comm, Expires May 19, 2026 BF

SPRINT TE EI TE OEE

Signature

Signature otary Public
Seal
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

REECE IKE ISE,

EEK EK KIRK
www.NationalNotary.org » 1-800-US NOTARY (1-800-876-6827) Item #5 10 ER

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March 23, 2026 Packet Pg. 458
BIDDER’S QUALIFICATIONS
The following statements as to the financial qualifications and experience of the Bidder are submitted as a part of this Bid and the Bidder guarantees the truthfulness and accuracy of the information. Pursuant to Public Contract Code 10165, financial statements and experience questionnaires are not public records and are not open to public inspection.

Financial Data
Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder.

NAME OF BANK ADDRESS

CALIFORNIA BANK OF COMMERCE 1300 CLAY ST, 5TH FL, OAKLAND, CA 94612 Experience

Data
The Bidder has been engaged in the contracting business, under the present business name for 10 years. Experience in work of a nature similar to that covered in this Bid extends over a period of 22 years.

The Bidder as a Contractor has never failed to satisfactorily complete an awarded contract from a governmental entity, except as follows: (Name all exceptions and reasons therefore):

NONE

Bidder’s Personnel
The following is a list of key personnel including an listing of the person’s knowledge, ability or trade along with a brief description of their experience. If Bidder is awarded the Contract, it is

understood that the work will be directed and actively supervised by one of these persons.

List of Personnel Knowledge/Skills Experience
ALEJANDRO HERNANDEZ OPERATOR FOREMAN 30 YEARS OPERATOR / FOREMAN Bid Proposal 2025 Storm Drain Improvements Project
Page P-11 Project No. C9531

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March 23, 2026 Packet Pg. 459
BIDDER’S REFERENCE
List three (3) major projects which the Bidder has performed comparable work within the last three (3) years. Provide a contact person and description of the project, or other such information

that will demonstrate the ability to vigorously prosecute the work.

1. DANVILLE SEWER RENOVATION PH 4 DANVILLE, CA 2023 PROJECT NAME LOCATION YEAR COMPLETED KEITH GELLERMAN 925-229-7268 4,117,070.00

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

SEWER - 4,600 LF SEWER OPEN CUT AND 2,550 PIPEBURSTING

MARTINEZ SEWER RENOVATION PH 7 MARTINEZ, CA 2023

PROJECT NAME LOCATION YEAR COMPLETED
JASON FITCH 925-229-7114 3,118,431.00

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

SEWER - 5,200 OPEN CUT, 1,000 LF PIPE BURST 16"

PLEASANT HILL SEWER RENOVATION PH 4 PLESANT HILL, CA 2024

PROJECT NAME LOCATION YEAR COMPLETED
JASON FITCH 925-229-7114 6,570,385.00

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

SEWER - 5,945 OPEN CUT - 1,150 HDD

Bid Proposal 2025 Storm Drain Improvements Project
Page P-12 Project No. C9531

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SIGNATURE PAGES
The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

The bidder has inspected the site of the propose work in order to satisfy the bidder, by personal examination, or by such other means as the bidder prefers, of the location of the proposed work and as to the actual conditions of and at the work site. The bidder hereby offers to furnish all labor, materials, equipment, transportation, and services necessary to complete the work on this project in accordance with the Contract Documents and to complete all requirements of the Contract Documents for the sums quoted in this Bid.

Addenda:
(if any) bidder has received and examined all addenda issued during the bid period and agrees that all addenda shall be made a part of the Contract Documents. The bidder acknowledges receipt and incorporation of all impacts resulting from all addenda issued by inserting the number of each addendum below OR by signing and submitting with the bid proposal the signature page from each addendum.

Addendum Nos. NONE | , , ; ; : ,
Bidder’s Guarantee:

In accordance with Public Contract Code Section 20170, accompanying this Bid is BIDDERS BOND __ (insert the word “Cash”, “Cashier's Check’, “Certified Check” or “Bidder’s Bond” as the case may be) made payable to the City of San Carlos in the amount of 10% ($ ) equal to at least ten percent (10%) of the total amount of this bid. This amount is given as a guarantee that, in case the undersigned defaults in executing a contract and/or furnishing the necessary bonds after contract award, the said guarantee and the money payable thereon shall become and remain the property of the City as liquidated damages.

Company Profile:

The names of all persons interested in the foregoing bid as principals are as follows: (Note: If bidder or other interested person is a corporation, state the legal name of corporation, also names of the president, secretary, treasurer and manager thereof, if partnership, state true name of firm, also names of all individual partners composing firm; if bidder or other interested person is an individual, state first and last name in full).

Firm Name:

DEVANEY ENGINEERING, INC.

Business Address: 2655

VAN NESS AVE, STE 3, SF CA 94109
Names

and Titles of Company Officers:

1. _DEREK DEVANEY PRESIDENT

2. MICHELLE DEVANEY SECRETARY

3. 4.

Bid Proposal 2025 Storm Drain Improvements Project
Page P-13 Project No. C9531

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Proposal Execution:

IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles, and signatures. The representations made herein, including but not limited to the above contractor's license, expiration date and name of bidder, are true and correct, shall be complied with and are made under penalty of perjury.

IF SOLE OWNER, sign here:
| sign as sole owner of the business named above.

IF PARTNERSHIP,
Social
Employer
Security
Identification
sign
Number:
here:

Number:

The undersigned certify that we are partners in the business named above and that we sign this

contract proposal with full authority to do so. (one or more partners sign) State
Federal Tax
Tax Identification
Identification
No.:

No.

(EIN):

IF CORPORATION, execute here:

The undersigned certify that they sign this contract proposal with full and proper authorization to do so.

Corporate name _ DEVANEY ENGINEERING, INC.

By Denk Denes (Title) PRESIDENT
By (Title)
Incorporated under the laws of the State of CALIFORNIA
Federal Tax Identification No. (EIN):___
State Tax Identification No.:

Subscribed and sworn to before me, a Notary Public in and for the State of California, County of SAN FRANCISCO , this 3RD day of MARCH , 20 26 Signature of Notary Public:

SEE ATTACHED

CALIFORNIA My Commission expires , 20 CERTIRERDE
Bid Proposal 2025 Storm Drain Improvements Project
Page P-14 Project No. C9531

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CA InOnnIs JURAT —_ AEFIANT ateramenr GOVERNMENT CODE 8 8202 UO See Attached Document (Notary to cross out lines 1-6 below) Ci See Statement Below (Lines 1-6 to be completed only by document signer[s], not Nota

State of California Subscribed and swom to (or affirmed) before me County of San Francisco on this 3 day of Whar , 2026 ,
by Date Month Year
(1) ‘Week Ve Vane f
(and (2) ),
Name(s) of Signer(s) ALAN LEONG 2\ Notary Public - Californi i i i otary Public - California Z proved to me on the basis_of satisfactory evidence

San Francisco County = Commission # 2404244 to be the person(s) Foes My Comm, Expires May 19, 2026

Signature

Seal
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Number of Pages:___ Signer(s) Other Than Named Above:

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BIDDER’S BOND
To Accompany Contract Proposal
KNOW ALL PERSONS BY THESE PRESENTS:

That we, the undersigned Devaney Engineering, Inc. , as principal and The Ohio Casualty Insurance Company, as surety, are held and firmly bound unto the City of San Carlos as OWNER in the penal sum of TEN PERCENT (10%) of the total amount of the bid of the principal, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to OWNER a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for the 2025 Storm Drain Improvements Project Ciifton Avenue, Kenton Avenue, Manzanita Avenue, and Shoreway Road C9531.

The plans and specifications prepared by Schaaf & Wheeler dated 12/19/2025 and the City of San Carlos General Provisions are made a part of the Contract and are hereby incorporated by this reference.

NOW, THEREFORE
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BIDS including all required bonds for faithful performance and labor and material, as well as all required evidence of insurance) then this obligation shall be void, otherwise the same shall remain in force and effect.

In the event the City brings suit upon this Bond, surety shall pay reasonable attorney's fees and costs incurred by the City in such suit.

The Surety, for value received, stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the City of San Carlos may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these ee be signed by their proper officers, this day and year first set forthFeb. 27, 2026. (

By eS LS.) By: Brad Bahl, Attorney-in-Fact
(Principal) (Seal) (Surety) (Seal)
Subscribed and swom to before me, a Notary Public in and for the State of California, County of , this day of , 20
Signature of Notary Public: (Seal) SEE ATTACHED
ra , CALIFORNIA My Commission expires , 20 CERTIFICATE
IMPORTANT: Surety companies executing BONDS must be authorized to transact Surety insurance in the State of California. If

Contractor is Partnership, all partners should execute BOND.

Bid Proposal 2025 Storm Drain Improvements Project
Page P-15 Project No. C9531

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CALIFORNIA a WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202

ESLER ERI ERUER IRR ORGECR,

C1 See Attached Document (Notary to cross out lines 1-6 below) (J See Statement Below (Lines 1-6 to be completed only by document signer|s], not Notary)

State of California Subscribed and sworn to (or affirmed) before me County of _San Francisco YO on this 2 day op_ Maur 202-6, by Date Month Year
(1) Ve cele Deva nerf
(and (2) ),
Name(s) of Signer(s)

ALAN LEONG
Notary Public - California
San Francisco County z
Commission # 2404244 j ES My Comm. Expires May 19, 2026 p re ST OTT proved to me on the basi

Seal
Place Notary Seal Above

OPTIONAL
Though this section is optional, compteting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages:___ Signer(s) Other Than Named Above:

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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189

Anotary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of ___ Contra Costa
On Feanuary 11,2016 before me_M.A. Atwater, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Brad Bahl

Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

Notary Public - California
Contra Costa County Commission # 2517416 ‘comm, Expires May 14, 2029 cae?
M.A, ATWATER f
z WITNESS my hand and official seal.
sion .0. Otten,
Place Notary Seal and/or Stamp Above Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Capacity(ies)
Signer(s)
Signer’s Name:

Other
Claimed
Than Named
by Signer(s)

Above:

Ss Signerr’s Name:

O Corporate Officer — Title(s): O Corporate Officer — Title(s):
0 Partner - G Limited 0 General O Partner — O Limited O General 0 Individual © Attorney in Fact O Individual O Attorney in Fact 0 Trustee O Guardian or Conservator 0 Trustee O Guardian or Conservator OOthe: 0 sO Other:

Signer is Representing: Signer is Representing:

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This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated,

Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Cerfficate No: 8206758-971892 West American Insurance Compan: SURETY " 7 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under

the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, consfiite and appoint, Brad Bahl; all of the city of ‘Walnut Creek state of CA each individually if there be more than one named, its fue and lawful altomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as iis act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance OF these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their oun proper persons.

guarantees. loan, letter of credit, jortgage, note, 1 Currency rate, interest rate or residual value Not valid for mort Liberty Mutual Insurance Company
The Ohio Casualtyinsurance Company
West American Insurance Company IN R

‘State of PENNSYLVANIA a
County of MONTGOMERY
Onthis Sth dayof_November , 2021 beforeme personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance| ‘Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, Thave hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.

y ie yy Verification inquirie [email protected]

-832-8240 or email
jo
1 vl nue ® jeresa Pastalla, Notary
7 aa xiao | BY Dusw hatille E a Teresa 2 Pastella, Notary Public KS _ This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual g Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: le ARTICLE IV - OFFICERS: Section 12. Power of Atiomey. S
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the Ss President may prescribe, shall appoint such altomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety| & any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall ZS have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such] S instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the} provisions of this article may be revoked at any fime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. Kg please call 610.

ARTICLE Xill — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, m.

Shall
bonds,
Company
appoint
recognizances
by
such
their signature
attomeys-in-fact,
and other
and
surety
execution
as
obligations.
may
of
be
any
necessary
such
Such
instruments
atlomeys-in-fact
to act in
and
behalf
to
‘Subject
of
attach
the ‘Company
to
thereto
the limitations
the
to
seal
make,
of
set
the
execute,
forth
Company.
in their
seal,
respective
When
acknowledge
so
powers
executed
and
of
deliver
such
attomey,
instruments
as surely
shall have
any
shall
and
full
be
power
all
as
undertakings,
binding
to bind
as
the
if

signed by the president and attested by the secretary.

Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-infact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. |, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, | have hereunto set my hand and affixed the seals of said Companies this 27th dayof February , 2026 .

LMS-12873 LMIC OCIC WAIC Multi Co 02/21

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CITY COUNCIL

STAFF REPORT
MEETING DATE: March 23, 2026
ITEM TITLE: Deny Claim of Kruti Pandya.

RECOMMENDATION:

Staff recommend that the City Council deny the claim of Kruti Pandya as recommended by the City’s claim administrators at Carl Warren.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by Kruti Pandya (“Claimant”).

Staff recommend that the City Council deny the claim based on Carl Warren’s guidance.

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ANALYSIS:

Claimant filed a claim against the City for property damages. Claimant alleges that the City’s sidewalk project resulted in an improperly steep driveway transition in front of his San Carlos Avenue property that does not meet standard clearance. Claimant asserts that the faulty grading caused significant scraping damage to the front bumper of her vehicle and is seeking $552 in reimbursement. The original reported loss date was January 10, 2025, which was deemed untimely. After receiving notice that the loss date was untimely, the Claimant revised the loss date to October 10, 2025, making the claim timely.

Staff reviewed the claim and examined records, confirming that the City has an agreement with Kerex Engineering, Inc. for improvements for the San Carlos Avenue Pedestrian Safety Improvement Project prior to the October 10 loss date. The agreement includes indemnity provisions requiring the contractor to indemnify. As such, Carl Warren recommends formal rejection of Kruti Pandya‘s claim. The claim has also been tendered to Kerex Engineering, Inc.

The Council’s rejection of this claim does not prevent City staff nor the staff of Carl Warren from continuing to work with the Claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny claim of Kruti Pandya; or

2. Do not deny claim of Kruti Pandya; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Pandya, K. Claim Form

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CITY COUNCIL

STAFF REPORT
MEETING DATE: March 23, 2026
ITEM TITLE: Adopt a Resolution Appropriating and Amending the Public Project Agreement with Kerex Engineering, Inc. in the Amount of $200,000 from the General Capital Fund (“Fund 25”) Unassigned Fund Balance to the San Carlos Avenue Pedestrian Safety Improvements Project – Phase III (C1806).

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution appropriating and amending the public project agreement with Kerex Engineering, Inc. (“Contractor”) in the amount of $200,000 from the General Capital Fund (“Fund 25”) Unassigned Fund Balance to the San Carlos Avenue Pedestrian Safety Improvements Project – Phase III (C1806) (“Project”).

FISCAL IMPLICATIONS:

An appropriation of $200,000 is needed from the Fund 25 Unassigned Fund Balance in fiscal year (FY) 2025-26 to complete the project and address unforeseen field conditions that arose during construction. The available project budget is shown below.

San Carlos Avenue Pedestrian Safety Improvements Project – Phase III Original Construction Contract Amount Approved $2,067,617.50 Original Construction Contingency Amount Approved $413,523.50 Total Available Construction Budget $2,481,141.00
Additional Project Work Estimated
Unforeseen Utility Conflicts $90,000.00
Driveway Conform Reconstruction $51,000.00
Additional Construction Inspection Services $59,000.00
Additional Project Amount Needed & Requested $200,000.00 Total Project Cost $2,681,141.00
BACKGROUND:

Staff are bringing this item to the City Council to amend the public project agreement with the Contractor to increase the contract amount to address unforeseen field conditions, additional repairs, and fund consultant construction inspection services for the Project.

Construction for the Project began during the summer of 2024. As part of construction, staff also contracted CSG Consultants, Inc. for consultant construction inspection services due to limited

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staff availability and to meet the demands of the project. During construction, the Contractor discovered various unforeseen utility issues that impacted the proposed improvements. Several driveways within the Project limits were required to be reconstructed due to issues encountered post construction, including grading issues from the engineering design team which resulted in a resident’s personal vehicle bottoming out due to the new improvements. The driveways were reconstructed quickly in order to provide residents with safe access to their property as construction continued. Staff will be in negotiations with the engineering design team to account for the additional costs incurred by the City as a result of the reconstruction.

ANALYSIS:

The Contractor provided estimates for the additional work needed to close out the project in the amount of $200,000 on top of the remaining budget for the Project. Staff request the contingency balance be increased by $200,000 to account for the unforeseen conditions that contributed to additional work outside the original scope of work and construction inspection demands of the project.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution appropriating and amending the Public Project Agreement with Kerex Engineering, Inc. in the Amount of $200,000 from the General Capital Fund (“Fund 25”) Unassigned Fund Balance to the San Carlos Avenue Pedestrian Safety Improvements Project – Phase III (C1806); 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:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2026 – ____

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

APPROPRIATING AND AMENDING THE PUBLIC PROJECT AGREEMENT WITH KEREX ENGINEERING, INC. IN THE AMOUNT OF $200,000 FROM THE GENERAL CAPITAL FUND (“FUND 25”) UNASSIGNED FUND BALANCE TO THE SAN CARLOS AVENUE PEDESTRIAN SAFETY IMPROVEMENTS PROJECT – PHASE III (C1806).

WHEREAS, staff are bringing this item to the City Council to amend the public project agreement with Kerex Engineering, Inc. to increase the contract amount to address unforeseen field conditions, additional repairs, and fund consultant construction inspection services for the San Carlos Avenue Pedestrian Safety Improvements Project – Phase III (C1806) (“Project”); and WHEREAS, during construction, the Kerex Engineering, Inc. (“Contractor”) discovered various unforeseen utility issues that impacted the proposed improvements and required additional costs to work around; and
WHEREAS, several driveways within the Project limits were required to be reconstructed due to issues encountered post construction and including grading issues from the engineering design team due to extreme existing conditions which resulted in a resident’s personal vehicle bottoming out due to the new improvements; and
WHEREAS, the driveways were reconstructed quickly in order to provide residents with safe access to their property as construction continued; and WHEREAS, staff will be in negotiations with the engineering design team to account for the additional costs incurred by the City as a result of the reconstruction; and WHEREAS, as part of construction, staff also contracted CSG Consultants, Inc. for consultant construction inspection services due to limited staff availability and to meet the demands of the project; and
WHEREAS, the Contractor provided estimates for the additional work needed to close out the project in the amount of $200,000 on top of the remaining budget for the Project; and WHEREAS, staff request the project balance be increased by $200,000 to account for the unforeseen conditions that contributed to additional work outside the original scope of work and construction inspection demands of the project; and
WHEREAS, staff is requesting the City Council authorize the City Manager to execute an amendment to the Public Project Agreement with Kerex Engineering, Inc.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council appropriates and amends the public project agreement with Kerex Engineering, Inc. in the amount of $200,000 from the Fund 25 Unassigned Fund Balance to the San Carlos Avenue Pedestrian Safety Improvements Project – Phase III (C1806).
* * * * *

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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 23rd day of March 2026, 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: March 23, 2026
ITEM TITLE: Adopt a Resolution Awarding the Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks (C2102); Appropriating $5,000 from the General Capital Fund (“Fund 25”) Unassigned Fund Balance to Project C2102; Authorizing the Execution of an Agreement with Nema Construction in the Amount of $271,100; and Authorizing the Expenditure of an Approximate 10% Contingency in the Amount of $27,521 for a Total Not-to-Exceed Contract Amount of $298,621.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution awarding the upgrade of existing tennis and basketball court lighting at Burton & Highlands Parks (C2102) (“Project”); appropriating $5,000 from the General Capital Fund (“Fund 25”) Unassigned Fund Balance to Project C2102; authorizing the execution of an agreement with Nema Construction (“Contractor”) in the amount of $271,100; and authorizing the expenditure of an approximate 10% contingency in the amount of $27,521, for a total not-to-exceed contract amount of $298,621.

FISCAL IMPLICATIONS:

Funding for the Project comes from C2102, which has an available budget of approximately $293,621 in fiscal year (FY) 2025-26. The total construction contract amount, including contingency is $298,621.

As the total project cost exceeds the available project budget, staff request an additional appropriation of $5,000 to fully fund the Project.

Upgrade of Existing Tennis and Basketball Court
Lighting at Burton and Highlands Parks Construction
Cost
Construction Contract (Nema Construction) $271,100
Construction Contingency (approximately 10%) $27,521
TOTAL $298,621
Fund 25 Available Budget $293,621
Additional Funds Needed $5,000
Total Adjusted Budget $298,621
BACKGROUND:

The City operates tennis and basketball courts at Burton Park and tennis and pickleball courts at

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Highlands Park that are currently equipped with outdated halogen lighting systems. At Highlands Park, the tennis courts also rely on parking lot lighting for night play, which does not provide adequate illumination for the intended recreational use.

As part of the City’s ongoing efforts to modernize park facilities, staff proposes replacement of existing outdoor court lighting with a new light-emitting diode (LED) lighting system designed to support safe and effective nighttime play.

The City has recently completed other LED lighting upgrades for facilities and sports fields at both Burton and Highlands parks. Replacing the outdoor court lighting would continue this effort and is consistent with recommendations outlined in the Zero Energy Feasibility Report and the Parks Master Plan.

Staff retained Salas O’Brien (“Consultant”) through an existing on-call services contract to provide engineering services and prepare the construction documents. The construction documents are now complete to the satisfaction of the City Engineer.

Staff and the Consultant collaborated during the preparation of the construction documents to ensure the improvements meet the needs of users.

ANALYSIS:

The final bid set construction documents were signed by the City Engineer on January 13, 2026, and the City Council approved the construction documents at the January 26, 2026 Council meeting.

On January 29, 2026, the City advertised for bids for construction of the Project and bids were opened on February 24, 2026. Eleven (11) bids were received with the following results:

Contractor Bid Amount
Engineer’s Estimate $368,420
Nema Construction $271,100
Bear Electrical Solutions, LLC $281,750
MStall Electric Inc. $356,270
Galaxy Construction Services, Inc. $363,348
Belz Construction Inc $397,000
Wittmers Electric $427,000
Atlas-Pellizzari Electric Inc $456,000
Tennyson Electric LLC $460,250
Just Wright Construction Inc. $466,909
Columbia Electric, Inc $553,500

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The lowest responsible and responsive bid was submitted by Nema Construction in the amount of $271,100. After bid evaluation, staff recommend awarding the contract to Nema Construction.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution awarding the Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks Project (C2102); appropriating $5,000 from the General Capital Fund (“Fund 25”) Unassigned Fund Balance to Project C2102; authorizing the execution of an agreement with Nema Construction in the amount of $271,100; and authorizing the expenditure of an approximate 10% contingency in the amount of $27,521 for a total not-to-exceed contract amount of $298,621; 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:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution

2. Nema Construction Bid

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March 23, 2026 Packet Pg. 482
RESOLUTION NO. 2026 – ____

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

AWARDING THE UPGRADE OF EXISTING TENNIS AND BASKETBALL COURT LIGHTING AT BURTON AND HIGHLANDS PARKS PROJECT (C2102); APPROPRIATING $5,000 FROM THE GENERAL CAPITAL FUND (“FUND 25”) UNASSIGNED FUND BALANCE TO PROJECT C2102; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NEMA CONSTRUCTION IN THE AMOUNT OF $271,100; AND AUTHORIZING THE EXPENDITURE OF AN APROXIMATE 10% CONTINGENCY IN THE AMOUNT OF $27,521 FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $298,621.

WHEREAS, the City operates tennis and basketball courts at Burton Park and tennis courts at Highlands Park that are currently equipped with outdated lighting systems; and WHEREAS, at Highlands Park, the existing tennis court lighting relies on parking lot lighting, which does not provide adequate illumination for the intended nighttime recreational use; and
WHEREAS, the Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks Project (C2102) (“Project”) will replace existing court lighting with new (light-emitting diode) LED lighting systems designed to support safe and effective nighttime play; and WHEREAS, replacing the outdoor court lighting is consistent with the City’s ongoing efforts to modernize park facilities and with recommendations outlined in the Zero Energy Feasibility Report and the Parks Master Plan; and
WHEREAS, staff retained Salas O’Brien to provide engineering services and prepare the construction documents; and
WHEREAS, the final bid construction documents were signed by the City Engineer on January 13, 2026, and the City Council approved the construction documents on January 26, 2026; and
WHEREAS, on January 29, 2026, the City advertised for bids for construction of the Project and eleven (11) bids were received and opened on February 24, 2026; and WHEREAS, the lowest responsible and responsive bid for the Project was submitted by Nema Construction in the amount of $271,100; and
WHEREAS, after bid evaluations staff recommend awarding the contract to the lowest responsible and responsive bidder identified above and authorizing the expenditure of a contingency in the amount of $27,521 for a total not-to-exceed contract amount of $298,621.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby awards the Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks Project (C2102), appropriating $5,000 from the General Capital Fund (“Fund 25”) Unassigned Fund Balance, authorizes the execution of an agreement with Nema Construction in the amount of $271,100 and authorizes the expenditure of an approximate 10% contingency in the amount of $27,521 for a total not-to-exceed contract amount of $298,621. * * * * *

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March 23, 2026 Packet Pg. 483
I, 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 23rd day of March 2026, 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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BID PROPOSAL
“Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks”
CITY PROJECT NO. C2102
Bid To: + Honorable Mayor and City Council
City of San Carlos, City Hall
San Carlos, CA 94070
Bid From: Bidder’s Company Name_vema Cand luctibnr
Contact Person: 4A [ 7 tarolaxt L
Business Street Address: 2555 Pret z
City, State, ZipCode: _ Albay) Ca 24706
Phone No:: (2le) KG7~%29 3
E-mail: DAHA ie Rox . Caw
Contractor License No.: =. 2 { g TF.

Contractor License Expiration Date: - -~2o2
Dear Mayor and Members of the City Council:
|, as bidder, declare that | have satisfied myself as to the actual conditions and requirements of the work by careful examination of the location of the proposed work, by examination of the plans and specifications including the Instructions to Bidders, and by other measures, and that after submission of the bid, | will not dispute, complain or assert that there was any misunderstanding in regards to the nature or amount of work to be done.
| hereby certify that only those parties interested in this proposal as principals are named in this proposal and that this bid is genuine, and not sham, collusion, or made in the interest or in behalf of any person not named. | have not directly or indirectly induced or solicited any other bidder, person, firm or corporation to put in a sham bid, or refrain from bidding, and have not in any manner sought by collusion to secure for myself an advantage over any other bidder. | agree that if this proposal is accepted, | will contract with the City of San Carlos in the form of agreement proposed, will provide all bonds and insurance certificates as required by the agreement and will furnish all equipment and materials and perform all the labor required to complete the work in accordance with the plans, specifications and other contract documents, for

the unit or lump sum prices set forth in the Bid Schedule.

Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-3

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| have carefully checked all of the figures in the Bid Schedule and understand that the City shall not be responsible for any errors or omissions on my part in making up this bid. | agree that this bid may not be withdrawn for a period of ninety (90) calendar days from the date of the bid opening and that the City reserves the right to reject any or all bids, waive any informality in bids received, and may at its option make the award that in the judgment of the City is to the best interest of the City.

The estimate of construction quantities set forth in the Bid Schedule is approximate only, being given only as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond with those estimated quantities. The City reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer. There shall be no claim for damage or loss of anticipated profit for any bid item omitted in its entirety, and payment will only be made on the basis of actual quantities of work performed.

The Notice to Proceed will not be issued until after the contract has been fully executed. The contractor shall commence the work under the contract within ten (10) days following the date of

the Notice to Proceed, or as otherwise specified in the project specifications or negotiated with Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-4

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the City, and shall diligently prosecute the project to completion within the time specified. The contract completion period is inclusive of the time needed for material delivery.

Bidder shall comply with the requirements of the California Labor Code, including sections 1770 et seq., and pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Engineer, which copies shall be made available to any interested party upon request. The Contractor shall post a copy of such determination at the job site.

As required by Section 6705 of the California Labor Code and in addition thereto, for any excavation of any trench or trenches five feet (5’) or more in depth, the Contractor shall submit to the Engineer for acceptance, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shail allow any shoring, sloping or a protection system less effective than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health.

Bidder’s attention is directed to Section 2 of the General Provisions for additional information and requirements pertaining to the submission of a bid, and which is incorporated here by reference.

Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-5

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In the case of a discrepancy between the product of the “Estimated Quantity” and the “Unit Price” with the “Item Total’, the product of the “Estimated Quantity’ and the “Unit Price” shall prevail and the figure shown as the “Item Total” shall be adjusted accordingly, except as provided in cases involving (a) or (b) below:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount entered in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the item total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Engineer's Estimate.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided, In the case of a discrepancy between the sum of the figures in the item total column (adjusted per the previous paragraphs, if necessary) and the amount set forth as the total base bid amount, the sum of the figures in the item total column shall prevail and the amount shown as the total base bid amount shall be adjusted accordingly.

Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-6

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March 23, 2026 Packet Pg. 488
BASE BID ITEMS ARE AS FOLLOWS:
“Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks”

PROJECT NO. C2102

Item Item Estimated Unit Item
No. Description | Quantity Unit Price Total
Mobilization, Punchlist, & . 1 Cleaning ' ‘S isGilw |s 4 lod Traffic Control and Construction 7 2 | Area Signs 1 S_|s 2/300’ |s 21500 3 | Site Demolition - Burton 1 is |. 500° |, 5:00"
4 | Site Demolition - Highlands 1 LS |s 6,750 | G 17°
5 | Electrical Switchgear — Burtan 1 is |g 11. foo lg \7 1400 .

Sports Lighting — Materials &
8 Labor — Burton | 1 Ls ¢ BA, (%y- $ BAiW\So a
Sports Lighting - Materials & < 7 | Labor — Highlands ‘ ‘s [81244 1400 $ leA kao Total Base Bid Amount: $_ 2 5,5 00+

ALTERNATE BID ITEM
Installation and Removal of 8 Pathway Lighting - Burton 1 LS $ $ | 5b b00 .

Total Base Bid + Alternate Amount: $. 271 \o0- a
Notes:

1. The Contract will be compared and awarded on the basis of the Base Bid + Alternate Amount,

2. Allitems on the Base Bid Schedule must be bid. Partial bids will not be accepted.

3. The City reserves the right to reject all bids for any reason whatsoever. 4, Issuance of the “Notice to Proceed” will constitute the beginning of the Contract.

5. Bid Schedule prices shall include all labor, materials, equipment, and incidentals required to fully perform the work in accordance with the plans, specifications, and all other contract documents. The Contractor shall be responsible for completing all work associated with the bid items, whether or not every component is specifically itemized in the Bid Schedule.

Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-7

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documents. The Contractor shall be responsible for completing all work associated with the bid items, whether or not every component is specifically itemized in the Bid Schedule.

Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-8

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In accordance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code sections 4100 ef seq. (the “Subcontracting Act’), the Bidder hereby certifies and submits, as required by law, the following concerning subcontractors:

1. The portion of the work, which will be done by each such subcontractor; and

Portion of Work to be Subcontractor Name, Registered Performed by Subcontractor Address and License Number with DIR?

{License No, Reauired under AB 44) ¥’ check if yes

(For additional Subcontractors, attach copies of this sheet as necessary) NOTE: THIS CERTIFICATE MUST BE COMPLETED AND RETURNED ALONG WITH THE CONTRACTOR’S BID PROPOSAL. v¥ DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIREMENT In accordance with Labor Code Section 1725.5, all contractors and subcontractors listed on a public works bid proposal must be registered with the DIR.

Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-9

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NON-COLLUSION AFFIDAVIT
Title 23 United States Code Section 112 and
Public Contract Code Section 7106
State of California )
) ss. County of _dartarle )
et fargjag! (name of person signing affidavit), being first duly sworn, deposes and says under penalty of perjury under the laws of the State of California, that he or she has the right, power, legal capacity, and authority to execute this Affidavit as . , (sole owner, partner, president, secretary, etc) of 12] 2-7 (legal name of Bidder), the Bidder, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in any false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

ge — I 3 ~~ SUNGSOO HAN MOT: = fet COMM, #2492331
oke Notary Public - California

(Signature of Representative of Bidder) Alameda County

Subscribed and sworn to before me, a Notary Public in and for the State of California,

meda os County of nanos , this 2S d day of Eel. , 202-6. . . Z / COMM. a a1 Signature of Notary Public: eZ fe-<ist—e) Notary Public - California

My Commission expires — duly (1 202-5

NOTE: THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED AS PART OF THE CONTRACTOR'S BID PROPOSAL.

Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-10
LOUN o
” My Comm, Expires July 11, 2028 f
2 LOUN 2
Alameda County
>”_My Comm, Expires Jul 11, 2028

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March 23, 2026 Packet Pg. 492

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BIDDER’S QUALIFICATIONS
The following statements as to the financial qualifications and experience of the Bidder are submitted as a part of this Bid and the Bidder guarantees the truthfulness and accuracy of the information. Pursuant to Public Contract Code 10165, financial statements and experience questionnaires are not public records and are not open to public inspection.

Financial Data
Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder.

NAME OF BANK ADDRESS
Callan abdun : taal aaes Haft Out Until sohorete latesMC: te Als 06 Experience Data
The Bidder has been engaged in the contracting business, under the present business name for years. Experience in work of a nature similar to that covered in this Bid extends over a period of ZR years.

The Bidder as a Contractor has never failed to satisfactorily complete a contract awarded to him, except as follows: (Name all exceptions and reasons therefore):

ALLA
Bidder’s Personn
The following is a list of key personnel including a listing of the person’s knowledge, ability or trade along with a brief description of their experience. If Bidder is awarded the Contract, it is understood that the work will be directed and actively supervised by one of these persons.

List of Personnel Knowledge/Skills Experience
Agreement

Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-11

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BIDDER’S REFERENCE
List three (3) major projects which the Bidder has performed comparable work within the last three (3) years. Provide a contact person and description of the project, or other such information that will demonstrate the ability to vigorously prosecute the work.

A. ee AMbche|

PROJECT NAME LOCATION YEAR COMPLETED
AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

2. PROJECT NAME LOCATION YEAR COMPLETED
AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

3. PROJECT NAME LOCATION YEAR COMPLETED
AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-12

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March 23, 2026 Packet Pg. 494

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SIGNATURE PAGES
The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

The bidder states that he has inspected the site of the proposed work in order to satisfy himself, by personal examination, or by such other means as he prefers, of the location of the proposed work and as to the actual conditions of and at the work site. The bidder hereby offers to furnish all labor, materials, equipment, transportation, and services necessary to complete the work on this project in accordance with the Contract Documents and to complete all requirements of the Contract Documents for the sums quoted in this Bid.

Addendum Nos. #/ _, De me en mete etre treme
Bidder’s Guarantee:

In accordance with Public Contract Code Section 20170, accompanying this Bid is __ (insert the word “Cash”, “Cashier's Check”, “Certified Check” or “Bidder’s Bond” as the case may be) made payable to the City of San Carlos in the amount of ($ ) equal to
at least ten percent (10%) of the total amount of this bid. This amount is given as a guarantee that, in case the undersigned defaults in executing a contract and/or furnishing the necessary bonds after contract award, the said guarantee and the money payable thereon shall become and remain the property of the City as liquidated damages.

Company Profile:

The names of all persons interested in the foregoing bid as principals are as follows:
(Note: If bidder or other interested person is a corporation, state the legal name of corporation, also names of the president, secretary, treasurer and manager thereof, if partnership, state true name of firm, also names of all individual partners composing firm; if bidder or other interested person is an individual, state first and last name in full).

Firm Name: _;Ven2q Linushened a 7
Business Address: 556 Fiotte ST eel #1425 Alleany, Ga 44186 Names and Titles of Company Officers:
’ 1.

Al Ponabans _ Ouitey
- 2 N

Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-13

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Proposal Execution:

IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles, and signatures. The representations made herein, including but not limited to the above contractor's license, expiration date and name of bidder, are true and correct, shall be complied with and are made under penalty of perjury.

/) f IF SOLE OWNER, sign here: // ! sign as sole owner of the business named above jo , UID OY at Social Security Num 5-23~@%5J “
Employer Identification Number:_
IF PARTNERSHIP, sign here:

The undersigned certify that we are partners in the business named above and that we sign this —
contract proposal with full authority to do so. (one or more partners sign) eee
Federal Tax Identification No. (EIN):

State Tax Identification No.:

IF CORPORATION, execute here: The undersigned certify that they sign this contract proposal with full and proper authorization to

do so.

Corporate name Z
By. (Title)
By (Title)

Incorporated under the laws of the State of
Federal Tax Identification No. (EIN):

State Tax Identification No.:

Subscribed and sworn to before me, a Notary Public in and for the State of California, County of Alameda , this Zx& day of ECE ; 20° Lhe

DAVID LEE
COMM. # 2449228 e
(NOTARY PUBLIC: CALIFORNIA > DA COUNTY y) Mabatiscion exeres 7 JUNE 5, 2027
Agreement gfinis and Basketball Court Lighting at Burton and Highlands Parks, No. C2102 Page P-14

My Commission expires

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March 23, 2026 Packet Pg. 496
600 ELM STREET
SAN CARLOS, CA 94070
(650) BO2-4200
CITYOFSANCARLOS.ORG

CITY OF SAN CARLOS

PUBLIC WORKS DEPARTMENT

UPGRADE OF EXISTING TENNIS AND BASKETBALL COURT LIGHTING AT BURTON AND HIGHLANDS PARKS (C2102)
ADDENDUM NO. 1
February 12, 2026
TO: ALL PLANHOLDERS
This Addendum amends the Contract Documents for the above referenced project. The unaltered portions of the Contract Documents shall remain in effect. Please acknowledge receipt of this Addendum and return a signed copy with your bid proposal. The updates and changes are as follows:
e See attached Addendum No. 1. This addendum is being issued to revise the Specifications,

Plans, and respond to bidder questions.

ADDENDUM ACKNOWLEDGMENT
Bidder acknowledges receipt of this addendum, which shall be attached to the Proposal.

Mea. Cee lout

NAME OF COIWPANY
2-244-ZO2S
DATE

Page 1 of 1 ends

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March 23, 2026 Packet Pg. 497
Project name: 6" & Macdonald Street Signal Renovation and ADA ramps Location: Richmond, CA
Owner: City of Richmond
Owner contact (name and current phone number): Mr. Robert Steven 1-415-533-1864 Architect or engineer name: City of Richmond
Architect or engineer contact (name and current phone number): Mr. Robert Steven 1-415-533-1864 Project manager (name and current phone number): Mr. Robert Steven Description of project and scope of work performed: Installation of Traffic Control.

Initial contract value (at time of bid award): $354,000.

Final cost of construction (including change order): $ 499,800.00 Original scheduled completion date: 11/12/2024
Time extension granted (number of days): N/A
Actual date of completion: 11/12/24
Number and amount of stop notices or mechanic’s lien field: None Amount of Liquidated damages assessed against Bidder: None Nature and resolution of any claim, lawsuit, and/or arbitration between Bidders: None

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March 23, 2026 Packet Pg. 498
Project name: Yellow Brick Road Light Pole Replacement
Location: Richmond, CA
Owner: City of Richmond
Owner contact (name and current phone number): Mr. Robert Steven 1-415-533-1864 Architect or engineer name: City of Richmond
Architect or engineer contact (name and current phone number): Mr. Robert Steven 1-415-533-1864 Project manager (name and current phone number): Mr. Robert Steven Description of project and scope of work performed: Installation of (92) Light poles with new concrete foundation Initial contract value (at time of bid award): $1,037,100.00 Final cost of construction (including change order): $ 1,175,625.00 Original scheduled completion date: 6/23/2025
Time extension granted (number of days): Yes Due to change orders Actual date of completion: 12/29/2025
Number and amount of stop notices or mechanic’s lien field: None Amount of Liquidated damages assessed against Bidder: None Nature and resolution of any claim, lawsuit, and/or arbitration between Bidders: None

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March 23, 2026 Packet Pg. 499
Project name: Rohnert Park Wooden Light Pole Replacement Location: City of Rohnert Park
Owner: City of Rohnert Park
Owner contact (name and current phone number): Terrie Zwillinger- 1-707-588-3331 Architect or engineer name: None
Architect or engineer contact (name and current phone number): None Project manager (name and current phone number): Terrie Zwillinger Description of project and scope of work performed: Replacement of (82) wooden pole to metal poles Initial contract value (at time of bid award): Total of all phases $440,700.

Final cost of construction (including change order): $ 466,040 Original scheduled completion date: 7/12/2024
Time extension granted (number of days): N/A
Actual date of completion: 7/12/2024
Number and amount of stop notices or mechanic’s lien field: None Amount of Liquidated damages assessed against Bidder: None Nature and resolution of any claim, lawsuit, and/or arbitration between Bidders: None

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March 23, 2026 Packet Pg. 500
Project name: Installation of Light Poles
Location: Throughout of City of Berkeley
Owner: City of Berkeley
Owner contact (name and current phone number): Mr. Reeve Battle Architect or engineer name: City of Richmond
Architect or engineer contact (name and current phone number): None Project manager (name and current phone number): Mr. Reeve Battle Description of project and scope of work performed: Installation of around (85) Light poles Initial contract value (at time of bid award): Total of all phases $373,000.

Final cost of construction (including change order): $ 373,000.00 Original scheduled completion date: 9/7/2022
Time extension granted (number of days): N/A
Actual date of completion: 11/5/2022
Number and amount of stop notices or mechanic’s lien field: None Amount of Liquidated damages assessed against Bidder: None Nature and resolution of any claim, lawsuit, and/or arbitration between Bidders: None

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March 23, 2026 Packet Pg. 501
Project name: Alameda Shoreline Park Pathway Lighting
Location: Alameda
Owner: City of Alameda
Owner contact (name and current phone number): Jesse Borajas 510-846-5139 510-747-7966 Architect or engineer name: None
Architect or engineer contact (name and current phone number): None Project manager (name and current phone number): Jesse Borajas Description of project and scope of work performed: Installation of PVC conduits by Directional Boring for 15,000.LF, Installation of new light 68-light posts, light poles, Christy boxes, Panels, and all wires.

Initial contract value (at time of bid award): Total of all phases $653,400.00 Final cost of construction (including change order): $ 653,400.00 Original scheduled completion date: 7/12/2021
Time extension granted (number of days): N/A
Actual date of completion: 7/12/2021
Number and amount of stop notices or mechanic’s lien field: None Amount of Liquidated damages assessed against Bidder: None Nature and resolution of any claim, lawsuit, and/or arbitration between Bidders: None

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March 23, 2026 Packet Pg. 502
Project name: District-Wide Exterior Lighting Project
Location: Dublin, CA
Owner: Chabot-Las Positas Community College District
Owner contact: Michael Stroud/415-517-8970
Architect or engineer name: None
Architect or engineer contact (name and current phone number): WKM Inc.

Project manager (name and current phone number): Michael Stroud Description of project and scope of work performed: Installation Street light poles, parking area light poles. Around 12,000LF of conduits, wires, Christy boxes, concrete light poles, light contral, Initial contract value (at time of bid award): Total of all phases: $ 522,000.

Final cost of construction (including change order): $ 485,000.

Original scheduled completion date: 8/30/20
Time extension granted (number of days): None
Actual date of completion: 4/15/20
Number and amount of stop notices or mechanic’s lien field: None Amount of Liquidated damages assessed against Bidder: None Nature and resolution of any claim, lawsuit, and/or arbitration between Bidders: None

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March 23, 2026 Packet Pg. 503
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March 23, 2026 Packet Pg. 504
of
BIDDER’S BOND
To Accompany Contract Proposal
KNOW ALL PERSONS BY THESE PRESENTS:

That we, the undersigned _ NEMA Construction . as principal and Merchants Bonding Company (Mutual) _, as surety, are held and firmly bound unto the City of San Carlos as OWNER in the penal sum of TEN PERCENT (10%) of the total amount of the bid of the principal, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to OWNER a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for Upgrade of Existing Tennis and Basketbalt Court Lighting at Burton and Highlands Parks, No.

C2102.

NOW, THEREFORE
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BIDS including all required bonds for faithful performance and labor and material, as well as all required evidence of insurance) then this obligation shall be void. otherwise the same shall remain in force and effect.
in the event the City brings suit upon this Bond, surety shall pay reasonable attomey's fees and costs incurred by the City in such suit.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, this day and year first set forth.

Qs Signed and Sealed: February 23, 2026
NEMA Core ction Merchants Bonding Company (Mutual)
By: + (L.S.) By Out th W-€ eS (Seal) (Surety) (Seal}
Terah Lane, Attorney-in-Fact
Subscribed and swom to before me, a Notary Public in and for the State of California, County of

, this day of , 20 :

Signature of Notary Public: (Seal)
My Commissi : 20 SEE ATTACHED NOTARY y Gommnission expires 20 ACKNOWLEDGMENT Agreement Upgrade of Existing Tennis and Basketball Court Lighting at Burton and Highlands Parks. No, C2102 Page P-15

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March 23, 2026 Packet Pg. 505
Acknowledgment
Name(s) of Person(s)
WRAL 5 Todd Douglas Johnston Jr.
~ ] SAS | Commission Number 856680
| é : A ~ | My Commission Expires
sows dune 16,2027
Signature of Notary Public
Todd Douglas Johnston Jr.

Notary Public lowa Notarial Seal
Title (or Rank of Military Personne!) Commission Number: 856680 My Commission Expires: 06/16/2027 My commission expires _June 16, 2027 9.s March 23, 2026 Packet Pg. 506
MERCHANTS S\,
BONDING COMPANY:,

POWER OF ATTORNEY
Know Ait Persons By These Presents. that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC.. both being corporations of the State of towa, and MERCHANTS NATIONAL INDEMNITY COMPANY , an assumed name of Merchants National Bonding, inc.. (herein collectively called the "Companies") do hereby make, constitute and appoint, individually.

Heather Saltarelli; Jeri Apodaca; Kevin Cathcart; Kim Heredia; Kim Luu; Leigh McDonough: Mark Richardson; Mike Parizino; Rachelle Rheault:

Terah Lane; Teresa! Jackson; Vincent Jara

their true and lawful Attorney(s}in-Fact, to sign its name as surety(ies} and to execute, seal and acknowledge any and ail bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

This Power-of-Atiomey is granted and is signed and seated by facsimile under and by authority of the By-Laws adapted by the Board of Directors of the Companies.
“The President, Secretary. Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indernnity and other writings obligatory in the nature thereof.” “The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Floriéa Department of Transportation only. it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this ‘surety company of any of its obligations under its bond.

In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written persona! notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof. the Companies have caused this instrument to be signed and sealed this 2tst day of October + 2025

MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.

MERCHANTS NATIONAL INDEMNITY COMPANY

STATE OF IOWA
COUNTY OF DALLAS ss.

On this 21st day of October 2025 __ , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY, and that the seals affixed to the foregoing instrument are the Corporate Seats of the Companies: and that the Said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.

Xo Penni Miller . g£ & Commission Number 787952
. ° My Commission Expires
town January 20, 2027

(Expiration of natary’s commission Notary eubic
does not invalidate this instrument)
|, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER-OFATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. in Witness Whereof, | have hereunto set my hand and affixed the seal of the Companies on this 23rd day of February 2026 .

Char bd3icr,
Secretary

POA 0018 (5/25)

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March 23, 2026 Packet Pg. 507

CITY COUNCIL

STAFF REPORT
MEETING DATE: March 23, 2026
ITEM TITLE: Adopt a Resolution Awarding the Library Building Painting Project (C2519); Authorizing the Execution of a Public Projects Agreement with Aiden's Quality Painting Inc. in the Amount of $77,975; and Authorizing the Expenditure of a 15% Contingency in the Amount of $12,000 for a Total Not-to-Exceed Contract Amount of $89,975.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution awarding the Library Building Painting Project (C2519) (“Project”); authorizing the execution of a public projects agreement with Aiden's Quality Painting Inc in the amount of $77,975; and authorizing the expenditure of a 15% contingency in the amount of $12,000 for a total not-to-exceed contract amount of $89,975.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

Funding for the Project comes from C2519, which has an available budget of approximately $292,800 in fiscal year (FY) 2025-26. The total construction contract amount, including contingency, is $89,975.

BACKGROUND:

The existing San Carlos Library (“Library”) building and parking lots need painting due to normal use and aging over time. Repainting will protect the building surfaces from environmental exposure, slow further deterioration, and refresh the overall appearance of the facility.

The scope of work includes repainting the Library foyer and entry areas, including adjacent hallways leading to the restrooms and stairwells, as well as the stairwells themselves. Work also includes repainting the upper-level rotunda area above the entryway and the staff hallway, including walls and structural pillars extending from the top floor to the ceiling.

The Project further includes repainting the lower-level (underground) Library parking lot, including all wall surfaces, structural pillars, bollards, latticework, and other select areas throughout the parking lot, extending up to, but not including the ceiling.

In addition, the Project will repaint the seven existing light poles in the upper-level Library parking lot.

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March 23, 2026 Packet Pg. 508
The scope of work includes all necessary surface preparation and painting for the areas described, as well as the application of anti-graffiti coatings in select areas to facilitate future cleaning and maintenance.

Staff retained S.R. Rose Engineering, Inc. (“Consultant”) to prepare the construction specifications. The specifications are now complete to the satisfaction of the City Engineer.

Staff and the Consultant collaborated with Library and City staff during the preparation of the construction documents to ensure the improvements meet their needs and all users.

ANALYSIS:

The final bid set construction documents were signed by the City Engineer on January 13, 2026, and the City Council approved the construction documents at the January 26, 2026 Council meeting.

On January 29, 2026, the City advertised bids for construction of the Project and bids were opened on February 17, 2026. Seven (7) bids were received with the following results:

Contractor Bid Amount
Engineer’s Estimate $300,000 - $400,0000
Aiden's Quality Painting Inc $77,975.00
Primal Paint $108,280.00
KBI Painting $109,267.00
Anchor Singh Painting $120,000.00
All Star Painting KD $113,455.00
Athens Painting & Commercial Coatings $195,174.46
Color New Corp $276,000.00
The lowest responsible and responsive bid was submitted by Aiden's Quality Painting in the amount of $77,975. The City received a bid protest from Primal Paint Inc. regarding the City’s intent to award the contract to Aiden’s Quality Painting Inc. The protest concerned the omission of a separately signed Addendum Acknowledgment Form in Aiden’s bid.

Staff reviewed the protest, the Contract Documents, the issued addendum, and all bids received, and consulted with the City Attorney. Based on this review, the City Attorney determined that the addendum did not change the scope of work, pricing structure, or other material contract terms, and therefore, the omission constituted a minor and waivable bid irregularity that did not affect price or provide a competitive advantage. The bid protest was denied.

After bid evaluation, staff recommend awarding the contract to Aiden's Quality Painting Inc.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution awarding the Library Building Painting Project (C2519); authorizing the execution of a public projects agreement with Aiden's Quality Painting Inc. in the amount of $77,975; and authorizing the expenditure of a 15% contingency in the amount of $12,000 for a total not-to-exceed contract amount of $89,975; or

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March 23, 2026 Packet Pg. 509

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:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution

2. Aiden’s Quality Painting Bid

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March 23, 2026 Packet Pg. 510
RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AWARDING THE LIBRARY BUILDING PAINTING PROJECT (C2519); AUTHORIZING THE

EXECUTION OF A PUBLIC PROJECTS AGREEMENT WITH AIDEN'S QUALITY PAINTING INC. IN THE AMOUNT OF $77,975; AND AUTHORIZING THE EXPENDITURE OF A 15% CONTINGENCY IN THE AMOUNT OF $12,000 FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $89,975.

WHEREAS, select areas within the existing library building and parking lots need painting due to normal use and aging over time; and
WHEREAS, this will protect the building surfaces from the environment, further aging, and refresh the overall appearance of the library; and
WHEREAS, the Library Building Painting Project (C2519) (Project) will repaint the foyer and entry areas including the adjacent halls and stairwells; the upper-level rotunda area including the staff hallway; the lower-level parking lot, including all walls, structural pillars, and other areas; and the light poles in the upper-level parking lot.

WHEREAS, staff retained S.R. Rose Engineering, Inc. (Consultant) to prepare the construction specifications. The specifications are now complete to the satisfaction of the City Engineer; and
WHEREAS, staff and the Consultant collaborated during the preparation of construction documents to ensure the improvements meet the needs of City staff and users; and WHEREAS, following the bid opening, Primal Paint Inc. submitted a bid protest regarding the City’s intent to award the contract to Aiden’s Quality Painting Inc.; and WHEREAS, the protest concerned the omission of a separately signed Addendum Acknowledgment Form in Aiden’s bid; and
WHEREAS, staff reviewed the protest, the Contract Documents, the issued addendum, all bids received, and consulted with the City Attorney; and WHEREAS, City Attorney determined that the omission was a minor and waivable bid irregularity that did not affect price, scope, or provide a competitive advantage; and WHEREAS, the protest was denied and the City intends to proceed with award to Aiden’s Quality Painting Inc. in accordance with applicable procedures; and WHEREAS, the final bid set construction documents were signed by the City Engineer on January 13, 2026, and City Council approved the construction documents on January 26, 2026; and
WHEREAS, on January 29, 2026, the City advertised bids for construction of the Project and seven (7) bids were received and opened on February 17, 2026; and

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March 23, 2026 Packet Pg. 511
WHEREAS, the lowest responsible and responsive bid was submitted by Aiden’s Quality Painting Inc. in the amount of $77,975; and
WHEREAS, after bid evaluations staff recommend awarding the contract to the lowest responsible and responsive bidder identified above and authorizing the expenditure of a contingency in the amount of $12,000 for a total not-to-exceed contract amount of $89,975.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council awards the Library Building Painting Project Project (C2519); authorizes the execution of a public projects agreement with Aiden’s Quality Painting Inc. in the amount of $77,975; and authorizes the expenditure of a 15% contingency in the amount of $12,000 for a total not-to-exceed contract amount of $89,975.
* * * * *
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 23rd day of March 2026, 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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March 23, 2026 Packet Pg. 512

BID PROPOSAL
Library Building Painting Project
CITY PROJECT NO. C2519
Bid To: — Honorable Mayor and City Council
City of San Carlos, City Hall
San Carlos, CA 94070
Bid From: . a. Bidder’s Company Name:_ Aiden's Quality Painting Inc Contact Person: Clara Tapia
Business Street Address: 400 Reed St Suite 95
City, State, Zip Code: Santa Clara CA 95050
Phone No.: (_ 408 ) 3141830
E-mail:

[email protected]
Contractor License No.: _992655
Contractor License Expiration Date: 02/28/2027
Dear Mayor and Members of the City Council:
|, as bidder, declare that | have satisfied myself as to the actual conditions and requirements of the work by careful examination of the location of the proposed work, by examination of the plans and specifications including the Instructions to Bidders, and by other measures, and that after submission of the bid, | will not dispute, complain or assert that there was any misunderstanding in regards to the nature or amount of work to be done. | hereby certify that only those parties interested in this proposal as principals are named in this proposal and that this bid is genuine, and not sham, collusion, or made in the interest or in behalf of any person not named. | have not directly or indirectly induced or solicited any other bidder, person, firm or corporation to put in a sham bid, or refrain from bidding, and have not in any manner sought by collusion to secure for myself an advantage over any other bidder. | agree that if this proposal is accepted, | will contract with the City of San Carlos in the form of agreement proposed, will provide all bonds and insurance certificates as required by the agreement and will furnish all equipment and materials and perform all the labor required to complete the work in accordance with the plans, specifications and other contract documents, for

the unit or lump sum prices set forth in the Bid Schedule.

January 26, 2026 Packet Pg. 268
Bid Proposal Library Building Painting Project
Dana DD Draiact Ma O9R10 FRE RTD LE DIST TILL LS TILE EIST LE TIONED SS SSI SES SS PR NT SITET Is PTT

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March 23, 2026 Packet Pg. 513
| have carefully checked ail of the figures in the Bid Schedule and understand that the City shall not be responsible for any errors or omissions on my part in making up this bid. | agree that this bid may not be withdrawn for a period of ninety (90) calendar days from the date of the bid opening and that the City reserves the right to reject any or all bids, waive any informality in bids received, and may at its option make the award that in the judgment of the City is to the best interest of the City.

The Notice to Proceed will not be issued until after the contract has been fully executed. The contractor shall commence the work under the contract within ten (10) days following the date of the Notice to Proceed, or as otherwise specified in the project specifications or negotiated with the City, and shall diligently prosecute the project to completion within the time specified. The contract completion period is inclusive of the time needed for material delivery.

January 26, 2026 Packet Pg. 269

Bid Proposal Library Building Painting Project
Dana DLA Draiant Ma CORIO
fe LAT fi Se ee es

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March 23, 2026 Packet Pg. 514
Bidder shall comply with the requirements of the California Labor Code, including sections 1770 et seq., and pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Engineer, which copies shall be made available to any interested party upon request. The Contractor shall post a copy of such determination at the job site.

Bidder’s attention is directed to Section 2 of the General Provisions for additional information and requirements pertaining to the submission of a bid, and which is incorporated here by reference.

January 26, 2026 Packet Pg. 270
Bid Proposal Library Building Painting Project Dona DR

Draiant Na O2610
- SRA a aE PRES

ET EMT ET LIE LOS SS TERESA OSE TED

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March 23, 2026 Packet Pg. 515

In the case of a discrepancy between the product of the “Estimated Quantity” and the “Unit Price” with the “Item Total”, the product of the “Estimated Quantity’ and the “Unit Price” shall prevail and the figure shown as the “Item Total” shall be adjusted accordingly, except as provided in cases involving (a) or (b) below:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount entered in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the item total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Engineer’s Estimate.

January 26, 2026 Packet Pg. 271
Bid Proposal Library Building Painting Project Dana DR Draiart Na CORA ®
ST NS OG OR TELIE aL ALL SIPS PEED LE ETI TG OC IIE SESE TART ERTS ST TE EAS UO OTT LNG AE AIOE TITS IIT STaeom

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March 23, 2026 Packet Pg. 516
BID ITEMS ARE AS FOLLOWS:

Library Building Painting Project

CITY PROJECT NO. C2519

BID SCHEDULE
Item Item Estimated No. Description Quantity | Unit Extension Library Main-Level Foyer
1 and Entry Areas 1 & $ 17,000
Library Upper-Level Rotunda 2 Area 1 LS $ 11,000
Library Lower-Level
3 Underground Parking Lot d LS $ 44,975
4 uerary Upper-Level Parking 1 Ls $ 5,000

TOTAL BID AMOUNT: | $ 77,975 —
LS: Lump Sum

Notes:

1. The Contract will be compared and awarded on the basis of the Total Bid Amount.

2. All items on the Bid Schedule must be bid. Partial bids will not be accepted.

3. The City reserves the right to reject all bids for any reason whatsoever.

4. Issuance of the “Notice to Proceed’ will constitute the beginning of the Contract.

IMPORTANT NOTE TO BIDDERS: The project is being bid as a lump sum for the items of work set forth described in the Contract Documents. Particular attention is directed to the Bid Item Descriptions Section, Section 1-Description of Work of the Special Provisions, and Section 099000-Painting and Finishing of the Technical Provisions. There are no Plans for this project, There is a Mandatory Pre-Bid Meeting for this project at the time and location specified in the Instructions to Bidders. The purpose of the Pre-Bid Meeting is to ensure that all contractors have the opportunity to see the work areas and ask any clarifying questions prior to bidding. Bidders shall carefully examine the Contract Documents and measure and document the quantities of the work described in the Contract Documents at the project site prior to submitting a lump sum bid.

January 26, 2026

Packet Pg. 272
Bid Proposal Library Building Painting Project
Dana D7 . Draiant Ma C2810

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March 23, 2026 Packet Pg. 517

DESIGNATION OF SUBCONTRACTORS
The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor's own employees and equipment, owned or rented, with or without operators. The Contractor's Applicator must have manufacturer’s certification or pre-training letter approving of applicator from GSS Coatings, LLC.

1. The portion of the work, which will be done by each such subcontractor; and

Portion of Work to be Subcontractor Name, Registered
Performed by Subcontractor Address and License Number with DIR?

(License No. Required under AB 44) v check if yes

(For additional Subcontractors, attach copies of this sheet as necessary) Note: — THIS CERTIFICATE MUST BE COMPLETED AND RETURNED ALONG WITH THE CONTRACTOR'S BID PROPOSAL. v DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIREMENT In accordance with Labor Code Section 1725.5, all contractors and subcontractors listed on a public works bid proposal must be registered with the DIR.

January 26, 2026 Packet Pg. 273
Bid Proposal Library Building Painting Project
Dana DQ Drniant Mla COR10

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March 23, 2026 Packet Pg. 518

9.h

NON-COLLUSION AFFIDAVIT
Title 23 United States Code Section 112 and
Public Contract Code Section 7106

State of California )
; ) ss. County of Sonia (OwOu)
Clara Tapia (name of person signing affidavit), being first duly sworn, deposes and says under penalty of perjury under the laws of the State of California, that he/she/they have the right, power, legal capacity, and authority to execute this Affidavit as Cora Topi. (sole owner, partner, president, secretary, etc) of ____ Pudens Qual 14 Fama Inc (legal name of Bidder), the Bidder, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in any false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract: that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted their Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

nature of Repres
Subscribed

and sworn to before me, a Notary Public in and for the State of California, County of _ Santa Clatin this © | say of _fPSra% 207%.
cA
Signature of Notary Public: flor? (Soe Atawe 6 ce
Moper_)
My Commission expires 2 chbu 07 , 20.2% (Seal)
NOTE: THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED AS PART OF THE CONTRACTOR’S BID PROPOSAL.

January 26, 2026 Packet Pg. 274
Bid Proposal Library Building Painting Project
Page P-9 Project No. C2519
'
|

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March 23, 2026 Packet Pg. 519
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Santa Clara
Subscribed and sworn to (or affirmed) before me on this __|/ day of _ Febwary , 20.26, by Clara 7g pla
_—
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

MEENAKSHI SUNDARARAMAN 5
| COMM #2416752 [%
=} county: Santa Clara (2
2) California Notary Public?
Comm Exp OCT 7. 2026 :

Signature do”

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March 23, 2026 Packet Pg. 520
BIDDER’S QUALIFICATIONS
The following statements as to the financial qualifications and experience of the Bidder are submitted as a part of this Bid and the Bidder guarantees the truthfulness and accuracy of the information. Pursuant to Public Contract Code 10165, financial statements and experience questionnaires are not public records and are not open to public inspection.

Financial Data
Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder.

NAME OF BANK ADDRESS
WELLS

FARGO 2792 HOMESTEAD RD SANTA CLARA CA 95051
Experience

The Bidder as a Contractor has never failed to satisfactorily complete an awarded contract from

a governmental entity, except as follows: (Name all exceptions and reasons therefore):

List of Personnel Knowledge/Skills Experience

NOEL PAHUAMBA Project management methodologies it, Y,

CLARA

TAPIA Safety and risk management standards 10Y

NOEL J PAHUAMBA superintendent 2Y
January 26, 2026 Packet Pg. 275
Bid Proposal Library Building Painting Project
Dane Dif Drniart Na CORA
RAED EES IIA ATI RESETS TT EI SPIN FINE SEES IT SE IE ERE REN LT EE REET SAREE SPE Ces oc eer

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March 23, 2026 Packet Pg. 521
BIDDER’S REFERENCE
List three (3) major projects which the Bidder has performed comparable work within the last four (4) years. Provide a contact person and description of the project, or other such information that will

demonstrate the ability to vigorously prosecute the work.

1. GREENFIELD HIGH SCHOOL - GREENFIELD CA 2023

PROJECT NAME LOCATION YEAR COMPLETED
Ms. Sherrie Castellanos, CBO 831-385-0606 $100.000

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION The project will focus on painting designated areas of the school Cc ifdings, orna al fencing, and railings. SSuU ing
of all CMU prior to painting operations will need to take place as well as deep cleaning of all skylights associated with each building. Items pertaining to the buildings include but not limit the interior and exterior of doors and door trim, interior and exterior of window trim, facia,

downspouts, gutters, vents, and any other items that are currently painted maroon.

2. KING CITY HIGH SCHOOL KING CITY 2023

PROJECT NAME LOCATION YEAR COMPLETED
Ms. Sherrie Castellanos, CBO _ 831-385-0606 $289,482

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION The project will focus on painting designated areas of the school campus which will include buildings, ornamental fencing, and railings. Pressure washing of all CMU prior to painting operations will need to take place as well as deep cleaning of all skylights associated with each building. Items pertaining to the buildings include but not limit the interior and exterior of doors and door trim, interior and exterior of window trim, facia, gutters, downspouts, vents, and any other items that are currently painted maroon.

3. #PWS23-03

Fair Oaks Community Center REDWOOD CA 2023

PROJECT NAME LOCATION YEAR COMPLETED
Dorris Koutantos, 650-347-3090 $49,093

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION exterior painting from the Fair Oaks Community Center exterior painting project

The section includes: 1. Exterior paint. 2. Surface preparation.

January 26, 2026 Packet Pg. 276
Bid Proposal Library Building Painting Project
Dane D114 Draiact Man C2510
ANON IO RENO AOU LATTE MY LTE PETE AE SEPERATE UVEITIS omer: AE creo are: STFU ORE ES TEE ERED FDEP OTR ES OES TES OPE ESS

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March 23, 2026 Packet Pg. 522

SIGNATURE PAGES
The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

Addendum Nos. , ; ' , ; ' ,
Bidder’s Guarantee:

In accordance with Public Contract Code Section 20170, accompanying this Bid is Bid bond _(insert the word “Cash”, “Cashier's Check”, “Certified Check” or “Bidder’s Bond’ as the case may be) made payable to the City of San Carlos in the amount of seven thousand seven hundred ninety-seven. ($_7,797.50 ) equal to at least ten percent (10%) of the total amount of this bid. This amount is given as a guarantee that, in case the undersigned defaults in executing a contract and/or furnishing the necessary bonds after contract award, the said guarantee and the money payable thereon shall become

and remain the property of the City as liquidated damages.

Company Profile:

The names of all persons interested in the foregoing bid as principals are as follows:
(Note: If bidder or other interested person is a corporation, state the legal name of corporation, also names of the president, secretary, treasurer and manager thereof, if partnership, state true name of firm, also names of all individual partners composing firm; if bidder or other interested person is an individual, state first and last name in full).

Firm Name: Aiden's Quality Painting
Business Address.

400 Reed St, Suite 95 Santa Clara CA 95050
Names

and Titles of Company Officers:

1. Noel Pahuamba CEO

2. Clara Tapia CFO

3. Noel J Pahuamba Estimator

4. Patricia Ladino Secretary
January 26, 2026 Packet Pg. 277
Bid Proposal Library Building Painting Project
Dane 0-19 Draiant Na COR10

9.t
March 23, 2026 Packet Pg. 523
Proposal Execution:

IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles, and signatures. The representations made herein, including but not limited to the above contractor’s license, expiration date and name of bidder, are true and correct, shall be complied with and are made under penalty of perjury.

IF SOLE OWNER, sign here:
| sign as sole owner of the business named above.

IF PARTNERSHIP,
Social
Employer
Security
Identification
sign
Number:
here:

Number:

The undersigned certify that we are partners in the business named above and that we sign this contract

proposal with full authority to do so. (one or more partners sign)

Federal
State Tax
Tax
Identification
Identification
No.:

No.

(EIN):

IF CORPORATION, execute here:

The undersigned certify that they sign this contract proposal with full and proper authorization to do so.

Corporate

name

Aiden's Quality Painting Inc
By_Noel Pahuamba (Title) CEO
By_

Clara Tapia (Title) CFO
Incorporated under the laws of the State of _ California Federal Tax Identification No. (EIN)
Subscribed
State
and
Tax
sworn
Identification
to before
No.:
me,

a Notary Public in and for the State of California,

ft,
County of __ Santa Clare ,this_@ /] day of _Fr5rna y 20%. bad : Signature of Notary Public: por? Cire ayers Br pnd My Commission expires _O chic 07 , 20.26 (Seal)
January 26, 2026 Packet Pg. 278
Bid Proposal Library Building Painting Project
Dane D412 Drniant Ain CORIO

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Santa Clara
Subscribed and sworn to (or affirmed) before me on this _\! day of _Febpay _, 20 26, by Cla Tapin

i ,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
h) ee
Signature ‘si

9.t
March 23, 2026 Packet Pg. 525

9.h
BIDDER’S BOND
To Accompany Contract Proposal
KNOW ALL PERSONS BY THESE PRESENTS:

That we, the undersigned Aiden's Quality Painting Inc. , as principal and The Ohio Casualty Insurance Company , aS Surety, are held and firmly bound unto the City of San Carlos as OWNER in the penal sum of TEN PERCENT (10%) of the total amount of the bid of the principal, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to OWNER a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for the Library Building Painting Project, Project No. C2519.

In the event the City brings suit upon this Bond, surety shall pay reasonable attorney's fees and costs incurred by the City in such suit.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, this day and year first set forth.

Signed and Sealed on: February 9th, 2026

Aiden's Quality Painting Inc. The Ohio Casualty Insurance Company By: (L.S.) By: FA e Ze
(Principal) (Seal) Kathleen Le, (Surety) (Seal)
Attorney-in-Fact
Subscribed and sworn to before me, a Notary Public in and for the State of California, County of Sanka Claw vthis \| day of _Fesnary 2028 |
See Attached - California all Purpose Acknowledgment
Ss ig nature of Notary Public: Complies with Civil Code section 1189. (Seal) CSee attacked My Commission expires _0 cbber 07 ,20_26 Tor cA ote) IMPORTANT: Surety companies executing BONDS must be authorized to transact Surety insurance in the State of California. !f Contractor is Partnership, all partners should execute BOND. 202
Bid Proposal Library Building Painting Project Page P-14 Project No. C2519 Oo

9.t
March 23, 2026 Packet Pg. 526

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Sacramento )
On February 9, 2026 before me, S. Smith, Notary Public
(insert name and title of the officer)
personally appeared Kathleen Le ;
who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herfheir authorized capacity(ies), and that by his/her/the# signature(s} on the instrument the person(s}, or the entity upon behalf of which the person(s} acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

S. SMITH witness my hand and official seal. ee \ COMM. #2442257 > eres NOTARY PUBLIC CALIFORNIA 2 COUNTY OF SACRAMENTO 69 sm Comm. Expires APR. 22, 2027 Signature

9.t
March 23, 2026 Packet Pg. 527
Not valid for mortgage, note, loan, letter of credit,
currency rate, interest rate or residual value guarantees.

berty POWER OF ATTORNEY
utual. Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8215337 - 971829

KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the “Companies’), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bill Rapp, Brad Espinosa, Breanna Boatright, Cassandra Medina, Deanna Quintero, Dineen Fraser, Elizabeth Collodi, Jason March, Jennifer Lakmann, John Hopkins, John Weber, Kathleen Le, Kris Lopes, Matthew Foster, Mike Taylor, Mindy Whitehouse, Paula Senna, Peggy Trusty, Phil Watkins, R, Kailany, Samantha Watkins, Sara Walliser, Sharon

Smith. Steven L. Williams, Tony Clark
all of the city of Chico state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Sth dayof__ January »

2026.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company _ ah] L—_
Nathan J. Zangerle, Assistant Secretary

State of PENNSYLVANIA ss
County of MONTGOMERY
Onthis_ Sth dayof__ January __, _2026_ before me personally appeared Nathan J. Zangerle, who acknowledged himself tobe the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, ! have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. (Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2029 Commission number 1126044 Member, Pennsylvania Association of Notaries

By: Wires bill
Teresa Pastella, Notary Public

This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:

ARTICLE IV - OFFICERS: Section 12. Power of Attomey.

Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

ARTICLE Xil! - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, nes,
com.

For bond and/or Power of verification inquiri please call 610-832-8240 or email ibertymutual. shall
bonds,
Company
appoint
recognizances
by their
such
signature
attorneys-in-fact,
and other
and
surety
execution
as
obligations.
may
of
be
any
necessary
such
Such
instruments
attoreys-in-fact
to act in behalf
and to
subject
of
attach
the Company
to
thereto
the limitations
the
to
seal
make,
set
of the
execute,
forth
Company.
in their
seal,
respective
When
acknowledge
so executed
powers
and
of
deliver
such
attorney,
instruments
as surety
shall have
any
shall
full
and
be
power
all
as
undertakings,
binding
to bind
as
the
if

signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
|, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been ravoked.
\N TESTIMONY WHEREOF, | have hereunto set my hand and affixed the seals of said Companies this 9th _dayof February ,

2026 .

Renee C. Llewellyn, Assistant Secretary

LMS- 12873 LIC GCIC WAIC Multi Co 02/24

9.t
March 23, 2026 Packet Pg. 528

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Santa Clara
Subscribed and sworn to (or affirmed) before me on this _| | day of Jebtuary , 20.26 by _ Clara TFapir
—_
proved to me on the basis of satisfactory evidence to be the poe) who appeared before me.

MEENAKSHI
SUNDARARAMAN COMM # 2416752 |Z 3) County: Santa Clara u (Seal) ee Signature be”

9.t
March 23, 2026 Packet Pg. 529

CITY COUNCIL

STAFF REPORT
MEETING DATE: March 23, 2026
ITEM TITLE: Consideration of Introducing an Ordinance Amending the San Carlos Zoning Map and Title 18 - Zoning Ordinance, of the San Carlos Municipal Code Temporarily Excluding Sites Within the MU-DC-100 Mixed-Use Downtown Core, MU-D-120 Mixed-Use Downtown, MU-SC120 Mixed-Use San Carlos Avenue, and RM-100 Multiple Family Zoning Districts that are Within 0.25 Miles of the San Carlos Caltrain Station, Pursuant to Senate Bill (SB) 79, the Abundant and Affordable Homes Near Transit Act.

RECOMMENDATION:

The Planning and Transportation Commission recommends that the City Council adopt an Ordinance to amend the San Carlos Zoning Map and Title 18, Zoning Ordinance, of the San Carlos Municipal Code excluding sites within the MU-DC-100 Mixed-Use Downtown Core, MUD-120 Mixed-Use Downtown, MU-SC-120 Mixed-Use San Carlos Avenue, and RM-100 Multiple Family zoning districts that are within 0.25 miles of the San Carlos Caltrain station, pursuant to Senate Bill (SB) 79, the Abundant and Affordable Homes Near Transit Act.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

Funds for outside legal counsel, zoning analysis, and mapping were available from the Community Development Department and Advance Planning Division’s Professional Services Budget.

SUMMARY
The City Council is required by the San Carlos Municipal and California Government Code to hold a public hearing for consideration of amendments to the Zoning Ordinance (San Carlos Municipal Code Sections 18.34.060 and 18.45.060).

The purpose of this regularly scheduled and duly noticed meeting of the City Council, on March 23, 2026, is to conduct a Public Hearing on the temporary exclusion of sites from all requirements of SB 79, including the height, density, and floor-area-ratio (FAR) allowances of SB 79, the Abundant and Affordable Homes Near Transit Act (Government Code Sections 65912.155 through 65912.162). As provided for in Government Code Section 65912.161(b)(1), sites that currently permit no less than 50 percent of residential density and FAR standards specified in Government Code Section 65912.157 may be excluded from SB 79 until one year following the adoption of San Carlos’ next (7th revision) housing element.

10.a
March 23, 2026 Packet Pg. 530
Sites to be temporarily excluded from Government Code Section 65912.157 include areas of the following zoning districts within 0.25 miles of the San Carlos Caltrain station:
• MU-DC-100 Mixed-Use Downtown Core
• MU-D-120 Mixed-Use Downtown
• MU-SC-120 Mixed-Use San Carlos Avenue
• RM-100 Multiple Family
These areas will be identifiable on San Carlos Zoning Map and the following new chapter is proposed to be added to the San Carlos Municipal Code: Chapter 18.25.A Applicability of Government Code Section 65912.157 (SB 79).

BACKGROUND:

Purpose
SB 79 presents a threat to the character of the downtown retail core and would negate significant planning initiatives recently completed by the City of San Carlos. These planning initiatives include the 2023-2031 Housing Element, where the community and City leadership worked meticulously to assign new density in specific locations to meet San Carlos’ Regional Housing Needs Allocation (RHNA); and the Downtown Specific Plan and Streetscape Master Plan, where extensive community outreach and City Council direction affirmed the character of the public realm and the scale of San Carlos’ historic downtown core (1100, 1200 blocks of San Carlos Avenue, and the 600, 700, and 800 blocks of Laurel Street). SB 79 development standards for housing developments would replace current zoning standards and allow building heights up to 75 feet (7 stories), density at up to 120 housing units/acre, and Floor Area Ratio (FAR) of 3.5, and would apply to nearly every parcel within 0.25 miles of the San Carlos Caltrain Station. If the City of San Carlos does not act, the development standards under SB 79 would supersede nearly all of San Carlos’ zoning that is within 0.25 miles of the San Carlos Caltrain Station.

As allowed for under SB 79, possible actions include:
1) Exempting sites designated as historic resources, sites vulnerable to one-foot sea level rise, and sites in very high fire hazard severity zones. 2) Excluding sites (e.g. zones) that have at least half the density and FAR that SB 79 allows until 2031.
3) Adopting an Alternative Transportation Oriented Development (TOD) Plan.

All options above must be submitted to the State Department of Housing and Community Development (HCD) for review and approval.

On March 2, 2026, the Planning and Transportation Commission held a public hearing and unanimously voted to adopt Resolution No. PTC 2026-01 (Attachment 3) recommending that the City Council adopt an Ordinance (Attachment 1) excluding all excludable sites (i.e. action 2 above). Should the Council adopt the Ordinance, this would protect the City’s recently adopted zoning in the Housing Element, General Plan Reset, and Downtown Specific Plan, and allow the City time to prepare an Alternative TOD Plan once the City’s future Regional Housing Needs Allocation (RHNA) is determined in 2029, and alongside the next Housing Element update.

Further details follow in this report.

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March 23, 2026 Packet Pg. 531
SB 79 Overview
SB 79 was signed into law on October 10, 2025. The law overrides local development standards to allow high-density housing development within 0.25 miles of qualifying transit stops in jurisdictions within “urban transit counties,” and within 0.5 miles of qualifying transit stops in jurisdictions that are within urban transit counties and that have a population greater than 35,000.

SB 79 defines “urban transit counties” as counties with more than 15 rail stations. Therefore, the County of San Mateo qualifies as an urban transit county, and San Carlos is subject to SB 79’s provisions.

As explained in greater detail below, SB 79 establishes multifamily development as a permitted use on sites zoned for residential, commercial, or mixed-use development that are within a specified distance of qualifying transit stops. SB 79 also creates minimum development standards for projects that are based on the type of transit stop and the distance from the transit stop. In general, properties adjacent to transit stops are allowed the greatest development, followed by properties within 0.25 miles of a transit stop. In jurisdictions with a population greater than 35,000, properties between 0.25 miles and 0.5 miles are also eligible for SB 79’s minimum development standards. The principal upzoning provisions of SB 79 take effect July 1, 2026.

SB 79 Tiering
SB 79 adopts a tiered approach to upzoning in which height, density, and FAR benefits increase based on the quality and frequency of service at the TOD stop. The following two tiers of TOD stops are provided for in SB 79:
• Tier 1 TOD stops are stations served by heavy rail transit or very high frequency (72+ trains per day) commuter rail.
• Tier 2 TOD stops are stations served by light rail, frequent (48+ trains per day) commuter rail, or bus rapid transit (either bus rapid transit or 24-hour bus only lanes).

Caltrain is a heavy commuter rail system that connects San Francisco with the Silicon Valley. As of 2024–2025, it operates as an electrified system distinct from light rail due to its ability to share tracks with freight trains and other heavier rolling stock. At the start of fiscal year 2025, the system operated 104 trains per weekday.1
As such, the San Carlos Caltrain Station qualifies as a Tier 1 TOD stop per SB 79 SB 79 development allowances for building height, density, and FAR, adopted as Government Code Section 65912.157, are summarized in Table 1.

Table 1. Government Code Section 65912.157 Tier 1 Development Allowances Tier 1 TOD Stops
Adjacent (within 200 feet
of pedestrian entrance to
stop)
95 feet
Max Hight
Within 0.25-mile 75 feet
1 Caltrain, Fiscal Year 2025 Annual Ridership Report, September, 2025.

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March 23, 2026 Packet Pg. 532
Within 0.5-mile 65 feet
Adjacent (within 200 feet
of pedestrian entrance to
stop)
30 - 160 du/ac
Within 0.25-mile 30 - 120 du/ac
Density Range
Within 0.5-mile 30 - 100 du/ac
Adjacent (within 200 feet
of pedestrian entrance to
stop)

4.5 Within 0.25-mile 3.5
Max FAR
Within 0.5-mile 3
SB 79 Affordable Housing Requirements
To qualify for SB 79’s development standards, a project must provide affordable housing as specified in Government Code Section 65912.157(i). Projects with more than 10 units must elect to provide one of the following: 7 percent of units as affordable to extremely low-income households; or 10 percent of units as affordable to very low-income households; or 13 percent of units as affordable to low-income households. SB 79 provides that if a local inclusionary ordinance requires more affordable units or deeper affordability, the local ordinance applies. San Carlos requires for sale projects to provide 20 percent of units to low-income households and rental projects to provide 15 percent of units to low and very low-income households. Since these levels are higher than SB 79’s requirements, the San Carlos local requirements would apply.

In addition, SB 79 offers additional incentives and concessions in addition to those that are available to projects that qualify under the State Density Bonus Law. The State Density Bonus Law awards incentives and concessions depending on the level of a project’s affordability, with a few as one concession for projects with 5 percent of units for very low-income households or 10 percent of units for low-income households and as many as 5 concessions for projects that are 100% affordable. Under SB 79, a project may also receive: one additional concession if it has housing for low-income households; two additional concessions if it has housing for very lowincome households; and three additional concessions if it has housing for extremely low-income households.

State Density Bonus law provisions for additional height may be applied on top of SB 79, but only for 100% affordable housing developments. Under this scenario, a 100% affordable housing project could potentially develop up to three more stories (33 feet of height) on top of 75 feet and 120 units/acre allowed under SB 79 within the ¼ mile radius.

SB 79 Population Provisions
SB 79 considers local population size in the applicability of Government Code Section 65912.157 development allowances. Per Government Code Section 65912.157.(a)(4), Tier 1 development allowances apply to the area within 0.5 miles around TOD stops “within a city with a population of at least 35,000.” In cities with less than 35,000 residents, only development allowances for the area within 0.25 miles of a TOD stop apply.

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March 23, 2026 Packet Pg. 533
According to the two primary sources of demographic statistics for California, San Carlos has a population of less than 35,000. According to the State of California Department of Finance’s Population and Housing Estimates for Cities, Counties, and the State — January 1, 2024 and 2025, San Carlos had a population of 29,669 in 2024 and 29,535 in 2025, which is a -0.5 percent annual change.3 Similarly, the most recent (2024) United States Census Bureau estimate of San Carlos’ population is 29,403, a 4.3 percent decline from the 2020 population base of 30,734 persons.4
As such, per Gov’t Code Section 65912.157.(a)(4), the height, density, and FAR upzoning allowances established in Gov’t Code Section 65912.157 are limited to parcels within 0.25 miles of the San Carlos Caltrain station.

Existing Zoning, San Carlos Caltrain TOD Stop
Figure 1 illustrates existing zoning within 0.25 miles of the San Carlos Caltrain station. As shown in Figure 1, the area northeast of the Caltrain right-of-way is primarily composed of the lowdensity, RS-6 Residential Single-Family Zoning district. The area southwest of the Caltrain rightof-way, which contains a portion of the city’s downtown core and Downtown Specific Plan area, contains multiple high-density, mixed-use zoning districts. The upzoning allowances of Gov’t Code Section 65912.157 apply to all zoning districts within 0.25 miles from the Caltrain station, except for Parks and Light Industrial zoning districts.

Figure 1
3State of California Department Finance, Population and Housing Estimates for Cities, Counties, and the State — January 1, 2024 and 2025, https://dof.ca.gov/forecasting/demographics/estimates-e1/, accessed February 23, 2026. 4United States Census Bureau, QuickFacts,
https://www.census.gov/quickfacts/fact/table/sancarloscitycalifornia/PST045225, accessed February 23, 2026.

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March 23, 2026 Packet Pg. 534
SB 79 Exclusion Provisions
SB 79 includes various provisions for temporarily excluding sites from Section 65912.157 upzoning. Per Government Code Section 65912.161(b), local jurisdictions may temporarily exclude sites that currently permit density and FAR at no less than 50 percent of Section 65912.157 allowances. Eligible exclusions apply until one year following the adoption of the seventh revision of that jurisdiction’s housing element. Per Section 65912.161(b), jurisdictions must adopt an ordinance in accordance with all temporary SB 79 exclusions. As excluding sites is only allowed on a temporary basis, SB 79 also allows jurisdictions to adopt a Transportation Oriented Development (TOD) Alternative Plan, which would allow the City to reallocate the development potential created by SB 79 within 0.25 miles of the San Carlos Train Station to rebalance and guide where the highest-density development may occur, subject to criteria specified in Government Code Section 65912.161(a). The City may wish to prepare a TOD Alternative Plan before any SB 79 exclusion provisions expire, i.e., before one year after adoption of the 7th cycle housing element.

ANALYSIS:

The San Carlos Caltrain station is adjacent to downtown San Carlos. The area within 0.25 miles of the station includes part of the Downtown Specific Plan Area. This is an area described in the 2025 specific plan as having “pivotal importance locally, offering a charming main street atmosphere for the San Carlos community and neighboring visitors alike.” The specific plan represents a multi-year process to implement local priorities for San Carlos’ downtown through development and design goals, policies, and actions.

Once SB 79 takes effect, future development may seek to maximize SB 79 allowances, including buildings with heights up to 75 feet tall and base densities up to 120 units/acre and with FAR up to 3.5, which could be increased using the State Density Bonus Law. While San Carlos supports the sustainability and equity goals of transit-oriented development, existing downtown zoning provides for transit-oriented housing while supporting the city’s vision for a local downtown.

To maintain current development standards in San Carlos’ downtown core while considering the contents of a TOD Alternative Plan, the Planning and Transportation Commission recommends adopting an Ordinance to amend the Title 18, Zoning Ordinance, of the San Carlos Municipal Code temporarily excluding eligible sites from the development allowances of Gov’t Code Section 65912.157 (SB 79).

As stated in “SB 79 Population Provisions” above, SB 79 does not apply to the area 0.25 to 0.5 miles around the San Carlos Caltrain station. Therefore, the eligibility of zoning districts within

0.25 miles of the station for exclusion under Government Code Section 65912.161(b) was assessed. Tables 2 through 5 demonstrate that areas of the following four zoning districts constitute sites that qualify for temporary exclusion, even when reviewed against the maximum SB79 allowances for sites adjacent to TOD stops. These districts are:

1. MU-D-120 Mixed-Use Downtown District

2. Mixed-Use Downtown Core District

3. MU-SC-120 Mixed-Use San Carlos Avenue District

4. RM-100 Multiple Family District

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March 23, 2026 Packet Pg. 535
Table 2. MU-D-120 Mixed-Use Downtown District Analysis
Regulation
SB 79, Tier 1
Standard
(station
adjacent)
Section
65912.161(b)
Requirement
San Carlos
Zoning
Standard
Section
65912.161(b)
Eligibility
(Yes or No)
Density 160 du/ac 80+ du/ac 120 du/ac Yes
FAR 4.5 2.25+ 3.0 Yes
Table 3. MU-DC-100 Mixed-Use Downtown Core District Analysis Regulation
SB 79, Tier 1
Standard
(station
adjacent)
Section
65912.161(b)
Requirement
San Carlos
Zoning
Standard
Section
65912.161(b)
Eligibility
(Yes or No)
Density 160 du/ac 80+ du/ac 100 du/ac Yes
FAR 4.5 2.25+ 2.5 Yes
Table 4. MU-SC-120 Mixed-Use San Carlos Avenue District Analysis Regulation
SB 79, Tier 1
Standard
(station
adjacent)
Section
65912.161(b)
Requirement
San Carlos
Zoning
Standard
Section
65912.161(b)
Eligibility
(Yes or No)
Density 160 du/ac 80+ du/ac 120 du/ac Yes
FAR 4.5 2.25+ 3.0 Yes
Table 5. RM-100 Multiple Family District Analysis
Regulation
SB 79, Tier 1
Standard
(station
adjacent)
Section
65912.161(b)
Requirement
San Carlos
Zoning
Standard
Section
65912.161(b)
Eligibility
(Yes or No)
Density 160 du/ac 80+ du/ac 100 du/ac Yes
FAR 4.5 2.25+ No standard Yes
Figure 2 illustrates the location of the sites identified as eligible for temporary exclusion. All parcels zoned MU-D-120, MU-DC-100, MU-SC-120 or RM-100 and located entirely or partially within a

0.25-mile radius of the San Carlos Caltrain Station are identified for exclusion in new SCMC Title 18, Chapter 18.25.A.

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March 23, 2026 Packet Pg. 536
Figure 2
Table 6 below includes a summary of the parcels included in the Title 18 amendment, including acreage, number of parcels and residential development capacity of each district, and site totals.

Table 6 Exclusion Summary
Zoning
District Acreage Parcels
Residential
Capacity,
Existing
Zoning
(dwelling
units)
Residential
Capacity, SB
79, Tier 1
(dwelling
units)
Existing
Capacity as
Percent of SB
79 Capacity
MU-D-120 9.7 53 1,163 1,163 100.00%
MU-DC-100 13.3 85 1,328 1,594 83.31%
MU-SC-120 1.4 2 172 172 100.00%
RM-100 8.0 48 802 966 83.02%
TOTAL 32.4 188 3,465 3,895 88.96%

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ZONING ORDINANCE AMENDMENT
To adopt the temporary exclusion ordinance, two amendments to Zoning are required:

1. Zoning Text Amendment

2. Zoning Map Amendment
Zoning Text Amendment
To temporarily exclude the sites in Figure 2 from SB 79, an amendment to the Ordinance is required, specifically, the creation of a new Chapter 18.25.A titled “Applicability of Government Code Section 65912.157 (Senate Bill 79).”
Attachment 1, Exhibit A to this report presents this amendment as it would appear in Title 18, Zoning Ordinance, of the San Carlos Municipal Code (SCMC).

In making a determination, SCMC Section 18.35.080, A requires the following findings:

A. Zoning Ordinance Text Amendment Findings.

1. The ordinance amendment is consistent with the General Plan The proposed amendments are consistent with the General Plan, including 2023- 2031 Housing Element goals and actions to continue to allow ground floor residential uses in MU-D-100, MU-SC-120, and MU-SB-100 zones. The amendments are also consistent with General Plan Land Use Element policies developed to ensure ongoing design excellence, context-appropriate development and compatibility of new housing. The proposed amendments would temporarily exclude certain sites from SB 79, as allowed by state law, which will maintain current objective development standards on those sites. The proposed amendments will minimize impacts and compatibility conflicts. The proposed amendments address the neighborhood character through maintaining existing development standards that the City has already determined are consistent with the General Plan goals and policies. Adoption of the proposed Ordinance amendments will continue to encourage high-quality residential development in San Carlos and compliance with State objectives and law.

2. The ordinance amendment is consistent with the purpose of the Zoning Title to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare.

The proposed Ordinance amendments are consistent with the Zoning Title because they propose to temporarily exclude certain sites from SB 79, as allowed by State Law, which will preserve existing zoning standards on excluded sites. This will ensure consistency with the General Plan and will minimize impacts and compatibility conflicts, which promotes the growth of the City in an orderly manner and promotes and protect the public health, safety, peace, comfort and general welfare while the City develops a more comprehensive Alternative TOD Plan in conjunction with the next housing element update to facilitate development at the levels prescribed by SB 79 in a manner that is consistent with the City’s character.

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Zoning Map Amendment
To reflect the temporary exclusion of sites from SB 79, a Zoning Map amendment is required.

The parcels to which Chapter 18.25.A applies would be indicated on the San Carlos Zoning Map, as shown below.

In making a determination, SCMC Section 18.35.080, B requires the following findings:

B. Zoning District Boundary Amendment Findings (Zoning Map Amendments)

1. The change in district boundaries is consistent with the General Plan. The zoning map amendment includes no changes to zoning district boundaries. The zoning map amendment only indicates parcels subject to Chapter 18.25.A, an ordinance amendment shown to be consistent with 2023-2031 Housing Element and General Plan Land Use Element goals, policies, and actions.

2. The change in district boundaries is consistent with the purpose of the Zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

The zoning map amendment includes no changes to zoning district boundaries.

The zoning map amendment only indicates parcels subject to Chapter 18.25.A, an ordinance amendment shown to be consistent with the purpose of the Zoning

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title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

3. The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given zoning district.

The zoning map amendment includes no changes to zoning district boundaries. The zoning map amendment only indicates parcels subject to Chapter 18.25.A. The exclusion of the parcels from SB 79 is necessary to maintain a balance between State law and local land use desired by the City. The zoning map amendment is associated with a temporary ordinance, the adoption of which will allow San Carlos to develop a comprehensive TOD Alternative Plan as part of, and fully consistent with, the next (7th cycle) City of San Carlos Housing Element.

ENVIRONMENTAL DETERMINATION:

The Ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. The proposed amendments to the San Carlos Municipal Code as discussed in this report are consistent with the programs and policies of the San Carlos General Plan and 2023-2031 Housing Element and are within the scope of the activities and impacts identified in San Carlos 2023-2031 Housing Element Environmental Impact Report (EIR). No new environmental effects have been found, and no new mitigation is necessary. Therefore, no additional environmental review is required. In addition, adoption of an ordinance under SB 79’s procedures specified in Government Code Section 65912.160 are statutorily exempt from CEQA review. Future development projects subject to temporary SB 79 exclusions may be required to undergo a separate CEQA review and approval process as required by state law. Furthermore, all future discretionary residential development projects subject to review under the Objective Design Standards would be required to undergo a separate, project-specific CEQA review and approval process as required by state law.

PUBLIC NOTICE:

A public notice for the City Council hearing of March 23, 2026, was prepared and mailed on March 11, 2026, to all property owners and sites of affected parcels (including within 300 feet of affected parcels). In addition, the public notice was published in the local newspaper on March 11, 2026 (see Attachment 4).

RECOMMENDATION:

The Planning and Transportation Commission recommends that the City Council adopt an Ordinance (Attachment 1) to amend the San Carlos Zoning Map and Municipal Code, Title 18, Zoning Ordinance to exclude sites within the MU-DC-100, MU-D-120, MU-SC-120, and RM-100 zoning districts within 0.25 miles of the San Carlos Caltrain station from SB 79.

As allowed for under SB 79, this option buys the City of San Carlos time to have a thoughtful, comprehensive discussion with the community and city leadership to determine where to place the housing density requirements of SB 79. In consideration of San Carlos’ future RHNA target, staff will develop a work program to complete the next Housing Element in tandem with an

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Alternative TOD Plan so the City can consider, comprehensively, the assignment of housing units and associated densities in locations driven by community input and future City Council direction.

NEXT STEPS:

Should the City Council move to adopt the Ordinance, staff will submit the Ordinance to the California Department of Housing and Community Development (HCD) on March 23, 2026, to comply with the mandated 90-day review. Pending the results of HCD review, staff will present the Ordinance to the City Council on April 13, 2026, for the second reading. Following the second reading, the Ordinance would take effect on May 13, 2026. (For a complete timeline see Attachment 2).

The temporary ordinance will be replaced by a comprehensive SB 79-compliant TOD Alternative Plan developed in conjunction with the next housing element update. The TOD Alternative Plan will facilitate development at the levels prescribed by SB 79 based on future Regional Housing Needs Allocation (RHNA) for San Carlos, input from the community and Planning and Transportation Commission, and ultimately City Council direction.

ALTERNATIVES:

The options available to the City Council are:

1. Introduce an Ordinance amending the San Carlos Zoning Map and Title 18 - Zoning Ordinance, of the San Carlos Municipal Code temporarily excluding sites within the MUDC-100, MU-D-120, MU-SC-120, and RM-100 zoning districts within 0.25 miles of the San Carlos Caltrain Station pursuant to SB 79; or

2. Do not introduce the proposed Ordinance; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, Community Development Director
Approved for submission by:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Ordinance with Exhibits A and B

2. SB 79 Timeline for Sites Exclusion

3. Planning Commission Resolution No. 2026-01

4. Affidavit of Public Hearing Notice Publication

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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF SAN CARLOS
AMENDING THE SAN CARLOS ZONING MAP AND TITLE 18 - ZONING ORDINANCE,

OF THE SAN CARLOS MUNICIPAL CODE TEMPORARILY EXCLUDING SITES WITHIN THE MU-DC-100 MIXED-USE DOWNTOWN CORE, MU-D-120 MIXED-USE DOWNTOWN, MU-SC-120 MIXED-USE SAN CARLOS AVENUE, AND RM-100 MULTIPLE FAMILY ZONING DISTRICTS THAT ARE WITHIN 0.25 MILES OF THE SAN CARLOS CALTRAIN STATION, PURSUANT TO SENATE BILL (SB) 79, THE ABUNDANT AND AFFORDABLE HOMES NEAR TRANSIT ACT.

SECTION 1. Findings. The City Council of the City of San Carlos does hereby finds and declares as follows:

WHEREAS, recent changes to State Law (Government Code §§ 65912.155 –65912.162, “SB 79”) requires that a housing development project within a specified distance of a transitoriented development (“TOD”) stop be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with applicable requirements (including height, density, and FAR standards); and WHEREAS, SB 79 allows a local government to adopt an ordinance temporarily excluding certain sites from SB 79 until one year following the adoption of the seventh revision of the housing element; and
WHEREAS, consistent with Government Code Section 65912.161(b)(1)(A), the City desires to amend the San Carlos Municipal Code to temporarily exclude from SB 79 sites that currently permit no less than 50 percent of residential density and FAR standards specified in Government Code Section 65912.157(a); and
WHEREAS, the development standards applicable to the City’s current MU-DC-100, MUD-120, MU-SC-120, and RM-100 zones are consistent with this threshold; and WHEREAS, the proposed amendment would not change existing MU-DC-100, MU-D120, MU-SC-120, or RM-100 development standards; and WHEREAS, pursuant to Government Code Section 65853 and 65850 and San Carlos Municipal Code Chapter 18.35 (Amendments to Zoning Ordinance and Maps), when a change in the Zoning Ordinance (Title 18) of the San Carlos Municipal Code is found necessary, the Planning and Transportation Commission shall hold a public hearing to consider such change and render its decision to the City Council; and
WHEREAS, pursuant to San Carlos Municipal Code Section 18.35.050 and California Government Code Section 65090 and 65091, a Public Hearing Notice was published on February 20, 2026, for the Draft Zoning Code Amendments in the newspaper, mailed to all property owners and sites of affected parcels (including within 300 feet of affected parcels), posted to the City’s website, and announced through e-notify to a list of interested community members; and

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WHEREAS, on March 2, 2026, the Planning and Transportation Commission conducted a public hearing on the proposed amendments to the San Carlos Municipal Code, to hear and consider all comments of all persons interested in or concerned with the proposed amendments to Title 18 of the City of San Carlos Municipal Code and recommended the City Council introduce the ordinance adopting the changes; and
WHEREAS, on March 23, 2026, the City Council conducted a public hearing on the proposed amendments to the San Carlos Municipal Code, to hear and consider all comments of all persons interested in or concerned with the proposed amendments to Title 18 of the City of San Carlos Municipal Code, and introduced the Ordinance; and WHEREAS, the proposed amendments would help to ensure orderly, streamlined compliance with SB 79; and,
WHEREAS, the City Council finds that the Ordinance process explored options for compliance with SB 79 based on evidence and best practices in other communities and industry experts; and,
WHEREAS, the City Council has identified the Ordinance as a preferred option for SB 79 compliance, and adopts the following amendments to San Carlos Municipal Code Title 18; and WHEREAS, the City Council authorizes staff to rectify any clerical errors, clarify graphics if necessary, and make non-substantive clarifications, additions, or deletions to the language, before the second reading of the Ordinance to ensure staff can address any minor revisions without having to return to the Council solely for an introduction.

SECTION 2: Pursuant to SCMC Section 18.35.080 Criteria for Zoning Amendments, the City Council finds that the proposed zoning amendment included in this Ordinance meets the following criteria:

A. Zoning Ordinance Text Amendment Findings.

1. The proposed ordinance amendments are consistent with the General Plan.

The recently updated 2023-2031 Housing Element includes the following goal and actions:
• Goal HOU-4 states: “Remove or mitigate governmental constraints inhibiting the provision of adequate, affordable housing throughout San Carlos.” • Action HOU-4.2 Zoning Ordinance Revisions - “Continue to allow ground floor residential uses in the MU-D-100, MU-SC-120, and MU-SB-100 zones. Evaluate, as part of the new Downtown Specific Plan process, additional areas (on side streets and outside of the Downtown Core) where ground-floor residential uses may also be allowed.”
• Action HOU 4.4 Objectivity and Streamlining in Development Regulations – This action specifies actions to prepare Objective Design Standards for residential developments by reviewing the Zoning Ordinance and crafting revisions that support objective design

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standards consistent with the Housing Accountability Act to facilitate high-quality residential development.
• Action HOU 4.5 Review of Development Standards to Promote Achieving Maximum Densities - “Throughout the planning period, periodically evaluate development standards to ensure that projects are able to achieve maximum densities. Make revisions if review indicates that current standards pose a potential or actual constraint on achieving maximum densities.”
The 2030 General Plan Land Use Element also includes the following goals, policies and actions:
• Goal LU-8, “Ensure excellence in all development design.” The policies identified to achieve this goal that are consistent with the multi-family and mixed-use objective design standards project includes:
o Policy LU-8.1 “Require all development to feature high quality design that enhances the visual character of San Carlos”,
• Action LU-8.1 “Adopt a form-based zoning code to emphasize building placement, the framing of public space and promoting a pedestrian-oriented environment.”
o Policy LU-8.2 “Ensure that new development is sensitive to the character of adjacent structures and the immediate neighborhood”;
o Policy LU-8.4 “Promote pedestrian-scaled design through site planning, building design, finish details and landscaping for all types of development by requiring height and locational transitions be-tween buildings of varied levels that are sensitive to the interrelationships of surrounding uses and structures, especially residential.” o Policy LU-8.11 “Discourage abrupt changes in building scale. A gradual transition between low-rise to mid-rise buildings should be achieved by using the low rise buildings at the edge of the project site. Consider the relationship of buildings to the street, to one another and to adjacent structures and land uses, especially single-family residential.” o Policy LU-8.19 “Residential structures shall be designed to be compatible with existing structures in the vicinity, avoid obstructing views from adjacent structures or views of community importance, avoid interference with the right or ability to use solar energy and be consistent with the community design principles”.
o Policy LU-8.20 “Require all new residential multi- family residential, commercial and industrial projects subject to design review by the appropriate decision- making body for compliance with site planning, architecture, signing and landscaping criteria prior to approval, as permitted by State law.”
Basis for Finding: The proposed Ordinance amendments are consistent with the General Plan, including the goals, policies, and actions referenced above. The proposed amendments would temporarily exclude certain sites from SB 79, as allowed by State Law, which will maintain current objective development standards on those sites, including allowing ground floor residential uses

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in the MU-D-100, MU-SC-120, and MU-SB-100 zones. The proposed amendments will minimize impacts and compatibility conflicts. The proposed amendments address the neighborhood character through maintaining existing development standards that the City has already determined are consistent with the General Plan goals and policies. Adoption of the proposed Ordinance amendments will continue to encourage high-quality residential development in San Carlos and compliance with State objectives and law.

2. The ordinance amendment is consistent with the purpose of the Zoning Title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

Basis for Finding: The proposed Ordinance amendments are consistent with the Zoning Title because they propose to temporarily exclude certain sites from SB 79, as allowed by State Law, which will preserve existing zoning standards on excluded sites. This will ensure consistency with the General Plan and will minimize impacts and compatibility conflicts, which promotes the growth of the City in an orderly manner and promotes and protect the public health, safety, peace, comfort and general welfare while the City develops a more comprehensive Alternative TOD Plan in conjunction with the next housing element update to facilitate development at the levels prescribed by SB 79 in a manner that is consistent with the City’s character.

B. Zoning District Boundary Amendment Findings (Zoning Map Amendments)

1. The change in district boundaries is consistent with the General Plan.

The zoning map amendment includes no changes to zoning district boundaries. The zoning map amendment only indicates parcels subject to Chapter 18.25.A, an ordinance amendment shown to be consistent with 2023-2031 Housing Element and General Plan Land Use Element goals, policies, and actions.

The zoning map amendment includes no changes to zoning district boundaries. The zoning map amendment only indicates parcels subject to Chapter 18.25.A, an ordinance amendment shown to be consistent with the purpose of the Zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

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which will allow San Carlos to develop a comprehensive TOD Alternative Plan as part of, and fully consistent with, the next (7th cycle) City of San Carlos Housing Element.

SECTION 3: Addition of Code. San Carlos Municipal Code Title 18, Chapter 18.25.A (Applicability of Government Code Section 65912.157 [Senate Bill 79]) is hereby added with the language in Exhibit A and the Zoning Map is amended as shown in Exhibit B.

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

SECTION 4: The City Council hereby approves the Municipal Code Ordinance amendment attached as Exhibits A and B.

SECTION 5: CEQA. The City Council hereby finds that this Ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. The proposed amendments to the San Carlos Municipal Code as mentioned above are consistent with the programs and policies of the San Carlos 2030 General Plan and 2023-2031 Housing Element and are within the scope of the activities and impacts identified in San Carlos 2023-2031 Housing Element Environmental Impact Report (EIR). No new environmental effects have been found, and no new mitigation is necessary. Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and CEQA Guidelines (Cal. Code Regs., tit. 14) Sections 15060(c)(2) [Preliminary Review] and 15061(b)(3) [“common sense exemption”]. In addition, adoption of an ordinance under SB 79’s procedures specified in Government Code Section 65912.160 are statutorily exempt from CEQA review. Future development projects subject to temporary SB 79 exclusions may be required to undergo a separate CEQA review and approval process as required by State Law. Furthermore, all future discretionary residential development projects subject to review under the Objective Design Standards would be required to undergo a separate, project-specific CEQA review and approval process as required by State Law.

SECTION 6: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of San Carlos hereby declares that it would have adopted this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and, if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decisions shall not affect the validity of the remaining parts of this Ordinance.

SECTION 7: Publication and Effective Date. This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
* * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the 23rd day of March, 2026 and passed and adopted as an Ordinance of the City Council of the

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City of San Carlos at a regular meeting thereof held on the _____ day of ______, 2026 by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
Exhibit A - Proposed Amendments to Title 18 shown in redline Exhibit B - Proposed Amendments to San Carlos Zoning Map AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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Exhibit A
Chapter 18.25.A
APPLICABILITY OF GOVERNMENT CODE SECTION 65912.157 (SENATE BILL 79) Sections:

18.25A.010 Purpose.

18.25A.020 Applicability.

18.25A.030 Exclusion.

18.25.A.010 Purpose.

The specific purposes of this chapter are to temporarily exclude certain sites from the applicability of SB 79 (2025) (Gov. Code §§ 65912.155 – 65912.162) because such sites already allow development at or above 50 percent of the levels otherwise required under Government Code Section 65912.157(a).

18.25.A.020 Applicability.

This chapter applies to sites that are: (1) zoned MU-DC-100, MU-D-120, MU-SC-120, and RM100; and (2) located within one-quarter mile of the San Carlos Caltrain Station, including all parcels indicated on the zoning map.

18.25.A.030 Exclusion.

Pursuant to Government Code section 65912.161(b)(1), the sites identified in Section

18.25.A.020 are excluded from the applicability of Government Code section 65912.157, or successor section, until one year following the adoption of the seventh revision of the housing element. The sites identified in Section 18.25.A.020 remain subject to applicable local standards, including, but not limited to, General Plan and zoning standards.

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Exhibit B
City of San Carlos Zoning Map Amendment
Sites Excluded from Government Code Section 65912.157 SB (Senate Bill) 79

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SB 79 Timeline for Sites Exclusion
Feb 17
Planning and Transportation Commission Public Notice completed March 2
Planning and Transportation Commission Public Hearing completed March 9
Submit Draft Ordinance to HCD 14 days before adoption completed Complete Public Notice for City Council Hearing of March 23, 2026 completed March 23
City Council Public Hearing (Introduce Ordinance)
March 24
Submit Ordinance to HCD to start 90-day review period
April 13
City Council Public Hearing (2nd reading of the Ordinance) May 13
Ordinance goes into effect (30-days after 2nd reading)
June 22
HCD’s 90-day review period ends (optional 30-day extension) July 1
SB 79 goes into effect

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RESOLUTION NO. PTC2026- 01

A RESOLUTION OF THE PLANNING AND TRANSPORTATION COMMISSION OF THE

CITY OF SAN CARLOS RECOMMENDING CITY COUNCIL ADOPTION OF A ZONING MAP AMENDMENT AND AMENDMENTS TO TITLE 18 (ZONING) OF THE SAN CARLOS MUNICIPAL CODE TO ADD NEW CHAPTER 18.25.A (APPLICABILITY OF GOVERNMENT CODE SECTION 65912.157 [SENATE BILL 79)).

WHEREAS, recent changes to State Law (Government Code §§ 65912.155 — 65912.162, “SB 79”) requires that a housing development project within a specified distance of a transit-oriented development (“TOD”) stop be an allowed use as a transitoriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with applicable requirements (including height, density, and FAR standards); and
WHEREAS, SB 79 allows a local government to adopt an ordinance temporarily excluding certain sites from SB 79 until one year following the adoption of the seventh revision of the housing element; and
WHEREAS, consistent with Government Code Section 65912.161(b)(1)(A), the City desires to amend the San Carlos Municipal Code to temporarily exclude from SB 79 sites that currently permit no less than 50 percent of residential density and FAR standards specified in Government Code Section 65912.157(a); and WHEREAS, the development standards applicable to the City’s current MU-DC100, MU-D-120, MU-SC-120, and RM-100 zones are consistent with this threshold; and WHEREAS, the proposed amendment would not change existing MU-DC-100, MU-D-120, MU-SC-120, or RM-100 development standards; and WHEREAS, pursuant to Government Code Section 65853 and 65850 and San Carlos Municipal Code Chapter 18.35 (Amendments to Zoning Ordinance and Maps), when a change in the Zoning Ordinance (Title 18) of the San Carlos Municipal Code is found necessary, the Planning and Transportation Commission shall hold a public hearing to consider such change and render its decision to the City Council; and WHEREAS, pursuant to San Carlos Municipal Code Section 18.35.050 and California Government Code Section 65090 and 65091, a Public Hearing Notice was published on February 20, 2026, for the Draft Zoning Code Amendments in the newspaper, mailed to all property owners and sites of affected parcels (including within 300 feet of affected parcels), posted to the City’s website, and announced through e-notify to a list of interested community members; and
WHEREAS, on March 2, 2026, the Planning and Transportation Commission conducted a public hearing on the proposed amendments to the San Carlos Municipal

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Code and San Carlos Zoning Map, to hear and consider all comments of all persons interested in or concerned with the proposed amendments to Title 18 of the City of San Carlos Municipal Code and San Carlos Zoning Map and recommendation that the City Council introduce the ordinance adopting the changes; and WHEREAS, the proposed amendments would help to ensure orderly, streamlined compliance with SB 79; and,
WHEREAS, the Planning and Transportation Commission authorizes staff to rectify any clerical errors, clarify graphics if necessary, and make non substantive clarifications, additions, or deletions to the language, before presenting the recommended Ordinance to the City Council to ensure staff can address any minor revisions without having to return to the Commission solely for a recommendation; and WHEREAS, the proposed amendments to the San Carlos Municipal Code as mentioned above are within the scope of the activities and impacts identified in San Carlos 2030 General Plan Program Environmental Impact Report (EIR), and no new environmental effects have been found and no new mitigation is necessary. Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2) Preliminary Review and Section 15061(b)(3) “common sense exemption’.

NOW, THEREFORE BE IT FOUND, DETERMINED, AND RESOLVED by the Planning and Transportation Commission of the City of San Carlos that:

Pursuant to SCMC Section 18.35.080 Criteria for Zoning Amendments, the Planning and Transportation Commission shall not recommend, and the City Council shall not approve a zoning amendment unless the proposed amendment meets the following criteria:

A. Zoning Ordinance Text Amendment Findings

1. The proposed ordinance amendments are consistent with the General Plan.

The recently updated 2023-2031 Housing Element includes the following goal and actions:
e Goal HOU-4 states: “Remove or mitigate governmental constraints inhibiting the provision of adequate, affordable housing throughout San Carlos.” e Action HOU-4.2 Zoning Ordinance Revisions - “Continue to allow ground floor residential uses in the MU-D-100, MU-SC-120, and MU-SB-100 zones.

Evaluate, as part of the new Downtown Specific Plan process, additional areas (on side streets and outside of the Downtown Core) where ground-floor residential uses may also be allowed.”

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e Action HOU 4.4 Objectivity and Streamlining in Development Regulations — This action specifies actions to prepare Objective Design Standards for residential developments by reviewing the Zoning Ordinance and crafting revisions that support objective design standards consistent with the Housing Accountability Act to facilitate high-quality residential development. e Action HOU 4.5 Review of Development Standards to Promote Achieving Maximum Densities - “Throughout the planning period, periodically evaluate development standards to ensure that projects are able to achieve maximum densities. Make revisions if review indicates that current standards pose a potential or actual constraint on achieving maximum densities.” The 2030 General Plan Land Use Element also includes the following goals, policies and actions:

Goal LU-8, “Ensure excellence in all development design.” The policies identified to achieve this goal that are consistent with the multi-family and mixed-use objective design standards project includes:
° Policy LU-8.1 “Require all development to feature high quality design that enhances the visual character of San Carlos’,
e Action LU-8.1 “Adopt a form-based zoning code to emphasize building placement, the framing of public space and promoting a pedestrianoriented environment.” Policy LU-8.2 “Ensure that new development is sensitive to the character of adjacent structures and the immediate neighborhood”,
Policy LU-8.4 “Promote pedestrian-scaled design through site planning, building design, finish details and landscaping for all types of development by requiring height and locational transitions be-tween buildings of varied levels that are sensitive to the interrelationships of surrounding uses and structures, especially residential.”
Policy LU-8.11 “Discourage abrupt changes in building scale. A gradual transition between low-rise to mid-rise buildings should be achieved by using the low rise buildings at the edge of the project site. Consider the relationship of buildings to the street, to one another and to adjacent structures and land uses, especially single-family residential.”
Policy LU-8.19 “Residential structures shall be designed to be compatible with existing structures in the vicinity, avoid obstructing views from adjacent structures or views of community importance, avoid interference with the right or ability to use solar energy and be consistent with the community design principles”.

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o Policy LU-8.20 “Require all new residential multi- family residential, commercial and industrial projects subject to design review by the appropriate decisionmaking body for compliance with site planning, architecture, signing and landscaping criteria prior to approval, as permitted by State law.” Basis for Finding: The proposed Ordinance amendments are consistent with the General Plan, including the goals, policies, and actions referenced above. The proposed amendments would temporarily exclude certain sites from SB 79, as allowed by State Law, which will maintain current objective development standards on those sites, including allowing ground floor residential uses in the MU-D-100, MU-SC-120, and MUSB-100 zones. The proposed amendments will minimize impacts and compatibility conflicts. The proposed amendments address the neighborhood character through maintaining existing development standards that the City has already determined are consistent with the General Plan goals and policies. Adoption of the proposed Ordinance amendments will continue to encourage high-quality residential development in San Carlos and compliance with State objectives and law.

Basis for Finding: The proposed Ordinance amendments are consistent with the Zoning Title because they propose to temporarily exclude certain sites from SB 79, as allowed by State Law, which will preserve existing zoning standards on excluded sites. This will ensure consistency with the General Plan and will minimize impacts and compatibility conflicts, which promotes the growth of the City in an orderly manner and promotes and protect the public health, safety, peace, comfort and general welfare while the City develops a more comprehensive Alternative TOD Plan in conjunction with the next housing element update to facilitate development at the levels prescribed by SB 79 ina manner that is consistent with the City’s character.

B. Zoning District Boundary Amendment Findings (Zoning Map Amendments)

1. The change in district boundaries is consistent with the General Plan.

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The zoning map amendment includes no changes to zoning district boundaries. The zoning map amendment only indicates parcels subject to Chapter 18.25.A, an ordinance amendment shown to be consistent with the purpose of the Zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

Adoption
The Planning and Transportation Commission recommends that the City Council adopt the amendments as set forth in Exhibit A and B of the proposed Ordinance.

Passed and adopted as Resolution of the Planning and Transportation Commission of the City of San Carlos at a regular meeting thereof on the 2nd day of March 2026, by the following vote:

AYES, PLANNING AND TRANSPORTATION COMMISSIONERS: Anand, Kenniasty, Tapias, Bundy, Clements
NOES, PLANNING AND TRANSPORTATION COMMISSIONERS: None
ABSENT, PLANNING AND TRANSPORTATION COMMISSIONERS: None

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CHAIR of the Planning and Transportation Commission of the City of San Carlos ATTEST: aa Odes
ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR of the City of San Carlos Exhibit A: Draft Ordinance

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EXHIBIT A
Proposed Ordinance

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DRAFT ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING THE SAN CARLOS MUNICIPAL CODE TO ADD NEW CHAPTER 18.25.A (APPLICABILITY OF GOVERNMENT CODE SECTION 65912.157 [SENATE BILL 79]) TO TITLE 18.

SECTION 1: The City Council of the City of San Carlos does hereby find and declares as follows:

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WHEREAS, on March 2, 2026, the Planning and Transportation Commission conducted a public hearing on the proposed amendments to the San Carlos Municipal Code, to hear and consider all comments of all persons interested in or concerned with the proposed amendments to Title 18 of the City of San Carlos Municipal Code and recommended the City Council introduce the ordinance adopting the changes; and WHEREAS, on March 23, 2026, the City Council conducted a public hearing on the proposed amendments to the San Carlos Municipal Code, to hear and consider all comments of all persons interested in or concerned with the proposed amendments to Title 18 of the City of San Carlos Municipal Code, and introduced the Ordinance; and WHEREAS, the proposed amendments would help to ensure orderly, streamlined compliance with SB 79; and,
WHEREAS, the City Council finds that the Ordinance process explored options for compliance with SB 79 based on evidence and best practices in other communities and industry experts; and,
WHEREAS, the City Council has identified the Ordinance as a preferred option for SB 79 compliance, and adopts the following amendments to San Carlos Municipal Code Title 18; and
WHEREAS, the City Council authorizes staff to rectify any clerical errors, clarify graphics if necessary, and make non-substantive clarifications, additions, or deletions to the language, before the second reading of the Ordinance to ensure staff can address any minor revisions without having to return to the Council solely for an introduction.

SECTION 2: Pursuant to SCMC Section 18.35.080 Criteria for Zoning Amendments, the City Council finds that the proposed zoning amendment included in this Ordinance meets the following criteria:

A. Zoning Ordinance Text Amendment Findings.

1. The proposed ordinance amendments are consistent with the General Plan.

Evaluate, as part of the new Downtown Specific Plan process, additional areas (on side streets and outside of the Downtown Core) where ground-floor residential uses may also be allowed.”

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e Action HOU 4.4 Objectivity and Streamlining in Development Regulations — This action specifies actions to prepare Objective Design Standards for residential developments by reviewing the Zoning Ordinance and crafting revisions that support objective design standards consistent with the Housing Accountability Act to facilitate high-quality residential development. e Action HOU 4.5 Review of Development Standards to Promote Achieving Maximum Densities - “Throughout the planning period, periodically evaluate development standards to ensure that projects are able to achieve maximum densities. Make revisions if review indicates that current standards pose a potential or actual constraint on achieving maximum densities.” The 2030 General Plan Land Use Element also includes the following goals, policies and actions:

Policy LU-8.4 “Promote pedestrian-scaled design through site planning, building design, finish details and landscaping for all types of development by requiring height and locational transitions be-tween buildings of varied levels that are sensitive to the interrelationships of surrounding uses and structures, especially residential.”
Policy LU-8.11 “Discourage abrupt changes in building scale. A gradual transition between low-rise to mid-rise buildings should be achieved by using the low rise buildings at the edge of the project site. Consider the relationship of buildings to the street, to one another and to adjacent structures and land uses, especially single-family residential.”
Policy LU-8.19 “Residential structures shall be designed to be compatible with existing structures in the vicinity, avoid obstructing views from adjacent structures or views of community importance, avoid interference with the right or ability to use solar energy and be consistent with the community design principles”.

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o Policy LU-8.20 “Require all new residential multi- family residential, commercial and industrial projects subject to design review by the appropriate decisionmaking body for compliance with site planning, architecture, signing and landscaping criteria prior to approval, as permitted by State law.” Basis for Finding: The proposed Ordinance amendments are consistent with the General Plan, including the goals, policies, and actions referenced above. The proposed amendments would temporarily exclude certain sites from SB 79, as allowed by State Law, which will maintain current objective development standards on those sites, including allowing ground floor residential uses in the MU-D-100, MU-SC-120, and MUSB-100 zones. The proposed amendments will minimize impacts and compatibility conflicts. The proposed amendments address the neighborhood character through maintaining existing development standards that the City has already determined are consistent with the General Plan goals and policies. Adoption of the proposed Ordinance amendments will continue to encourage high-quality residential development in San Carlos and compliance with State objectives and law.

Basis for Finding: The proposed Ordinance amendments are consistent with the Zoning Title because they propose to temporarily exclude certain sites from SB 79, as allowed by State Law, which will preserve existing zoning standards on excluded sites. This will ensure consistency with the General Plan and will minimize impacts and compatibility conflicts, which promotes the growth of the City in an orderly manner and promotes and protect the public health, safety, peace, comfort and general welfare while the City develops a more comprehensive Alternative TOD Plan in conjunction with the next housing element update to facilitate development at the levels prescribed by SB 79 ina manner that is consistent with the City’s character.

B. Zoning District Boundary Amendment Findings (Zoning Map Amendments)

1. The change in district boundaries is consistent with the General Plan.

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The zoning map amendment includes no changes to zoning district boundaries. The zoning map amendment only indicates parcels subject to Chapter 18.25.A, an ordinance amendment shown to be consistent with the purpose of the Zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

SECTION 4: California Environmental Quality Act Determination. The City Council hereby finds that this Ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. The proposed amendments to the San Carlos Municipal Code as mentioned above are consistent with the programs and policies of the San Carlos 2030 General Plan and 2023-2031 Housing Element and are within the scope of the activities and impacts identified in San Carlos 2023-2031 Housing Element Environmental Impact Report (EIR). No new environmental effects have been found, and no new mitigation is necessary. Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and CEQA Guidelines (Cal. Code Regs., tit. 14) Sections 15060(c)(2) [Preliminary Review] and 15061(b)(3) [“common sense exemption’]. In addition, adoption of an ordinance under SB 79’s procedures specified in Government Code Section 65912.160 are statutorily exempt from CEQA review. Future development projects subject to temporary SB 79 exclusions may be required to undergo a separate CEQA review and approval

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process as required by State Law. Furthermore, all future discretionary residential development projects subject to review under the Objective Design Standards would be required to undergo a separate, project-specific CEQA review and approval process as required by State Law.

SECTION 5: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of San Carlos hereby declares that it would have adopted this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and, if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decisions shall not affect the validity of the remaining parts of this Ordinance.

SECTION 6: This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption.

RRRKE

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|, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the __ day of 2026 and adopted at a regular meeting of the City council of the City of San Carlos held on the __ day of 2026 by the following vote:

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

CITY CLERK of the City of San Carlos
APPROVED:

MAYOR of the City of San Carlos
Exhibit A to Ordinance: Proposed Amendments to Title 18 shown in redline Exhibit B to Ordinance: Proposed Amendments to San Carlos Zoning Map

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Exhibit A
Chapter 18.25.A
APPLICABILITY OF GOVERNMENT CODE SECTION 65912.157 (SENATE BILL 79) Sections:

18.25A.010 Purpose.

18.25A.020 Applicability.

18.25A.030 Exclusion.

18.25.A.010 Purpose.

The specific purposes of this chapter are to temporarily exclude certain sites from the applicability of SB 79 (2025) (Gov. Code §§ 65912.155 — 65912.162) because such sites already allow development at or above 50 percent of the levels otherwise required under Government Code Section 65912.157(a).

18.25.A.020 Applicability.

This chapter applies to sites that are: (1) zoned MU-DC-100, MU-D-120, MU-SC-120, and RM-100; and (2) located within one-quarter mile of the San Carlos Caltrain Station, including all parcels indicated on the zoning map.

18.25.A.030 Exclusion.

Pursuant to Government Code section 65912.161(b)(1), the sites identified in Section

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March 23, 2026 Packet Pg. 565
Exhibit B
City of San Carlos Zoning Map Amendment
Sites Excluded from SB 79
eon CANIN Sy
» SS ne es QAR RA
MUN SO I Mun 20
MU NB 120 Musa
MU-SC-120
NR ‘
cy ow awa 100
RS6
MD Undesignned
Figure ?
Qualifying Parcels: Gov't Code Section 65912.161(b)

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March 23, 2026 Packet Pg. 566

AFFIDAVIT OF PUBLICATION

SAN MATEO DAILY JOURNAL

STATE OF CALIFORNIA
County of San Mateo
The undersigned declares: That at all times hereinafter mentioned, affiant was a permanent resident of the United States, over the age of eighteen years old, and was at and during all said times. The Office Manager of the San Mateo Daily Journal, a newspaper published daily in the County of San Mateo, State of California. The notice mentioned was set in type no smaller than nonpareil and was preceded with words printed in black face type not smaller than size 6, describing and expressing in general terms, the purpose and character of the notice intended to be given; that the

PUBLIC NOTICE

CITY OF SAN CARLOS

Of which the annexed is a printed copy was published and printed in said newspaper on the 11th Day of March 2026.

I declare under penalty of perjury that the foregoing is true and correct.
________________________________
JP Uganiza
Dated at San Mateo, California,
This 11th Day of March 2026

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CITY COUNCIL

STAFF REPORT
MEETING DATE: March 23, 2026
ITEM TITLE: Consideration of Introducing an Ordinance Amending Planned Development Ordinance 1265 and Adopting a Planned Development (PD) Plan for the Property Known as the San Carlos Elms Senior Assisted Care Facility (APN 050-152-320) 707 Elm Street (PD-14).

RECOMMENDATION:

The Planning and Transportation Commission recommend that the City Council introduce an ordinance to adopt a Planned Development Ordinance 1265 and approve the associated Planned Development Plan to allow a floor area addition and interior remodel to the existing senior living facility, resulting in three (3) net new units for the San Carlos Elms Project at 707 Elm Street, APN: 050-152-320, pursuant to San Carlos Municipal Code (SCMC) Chapters 18.27 and 18.36.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

The applicant has paid the appropriate application fees. The project will be required to pay Building Permit fees and applicable impact fees. There is no fiscal impact associated with the project.

BACKGROUND:

The San Carlos Elms, a senior assisted living facility, is classified as a senior residential care facility based on San Carlos Municipal Code (SCMC) Section 18.40.020. The applicant is proposing a 6,232 square feet addition and interior remodel to the existing facility to allow for a new family meeting room, staff offices, and common areas. The project includes the addition of three (3) net new assisted living units for a total of 106 units.

The original San Carlos Elms facility was approved as a Planned Development under Ordinance 1137 on October 12, 1993, with 85 assisted living units, a Conditional Use Permit (CUP) for the operations of the facility, and a below-market-rate housing plan that included 17 units available for low-income residents. The construction was completed on May 31, 1996.

On July 26, 1999, the City Council adopted Ordinance 1265, amending the adopted Plan of Development and associated Conditional Use Permit from 1993 to allow the addition of 14 memory care units and four assisted living units for a total of 103 units. The addition also incorporated four (4) additional low-income units, for a total of 21 below-market-rate units.

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Planning and Transportation Commission Action
On March 2, 2026, the San Carlos Planning and Transportation Commission adopted Resolution PTC2026-02, approving the Conditional Use Permit and Design Review, and recommending the City Council adopt an Ordinance Amending the Planned Development Ordinance 1265 and approve the associated Planned Development (PD) Plan.

Site Description
The subject property is identified as 707 Elm Street (APN: 050-152-320). The site is approximately

0.94 acres (41,000 square feet) and is located at the southeast corner of Cherry Street and Elm Street and is outside the Downtown Specific Plan area. The property is zoned Planned Development 14 (PD-14) with a General Plan land use designation of multi-family, 75-100 DUs/Ac (RM-100). The surrounding uses consist of single-family and multi-family housing to the north and south, multi-family housing to the east, and San Carlos City Hall and the San Carlos Library to the northwest of the subject property. Figures 1 and 2 show the existing conditions.

Figure 1: 707 Elm Street Existing Conditions - Elm Street View Figure 2: 707 Elm Street Existing Conditions – Cherry Street View

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March 23, 2026 Packet Pg. 570

PROJECT DESCRIPTION
Addition and Remodel
The applicant proposes a 6,232 square feet addition and interior remodel to the existing 103-unit facility (“Project”). The remodel includes reconfiguring four existing units (3 studio units,1 onebedroom unit) to allow for staff offices and staff support spaces and to convert the one-bedroom unit into two studio units.

The proposed addition would expand the center wing of the existing building from one story to three stories. On the first floor, the expanded wing would provide a larger dining area and new private dining/event space. The patio outside the dining room would be replaced with a new patio and pergola, providing an expanded outdoor area for residents. On the second floor above the dining room, a larger salon and a new fitness center is proposed. The reconfigured residential units will be located on the second and third floors and will include five (5) one-bedroom units and one (1) studio unit. If approved, there would be three (3) net new assisted living units for a total of 106 units. Figure 3 shows the proposed front elevation.

The basement level will be renovated to provide an equipment well on the corner of Cherry Street and Elm Street for a new emergency generator. This results in modifications to the existing street level patio and relocation of the egress stairs from the basement level to street level. The building does not currently have an emergency generator, which San Carlos Elms management believes is needed for the safety of the residents during power outages.

Figure 3: Proposed 707 Elm Street Addition and Remodel
Proposed Use and Operations
San Carlos Elms is an assisted living senior community that provides a wide variety of services to help residents with their daily lives, including assistance with dressing and grooming, medications, and escorts to meals and activities. Each room is equipped with a refrigerator and a microwave but does not include full kitchens as the on-site dining hall provides three meals a day for all residents. Other onsite amenities include a lounge/craft room, library, and on-site salon. A diverse range of daily activities are also available, including chair yoga, social hours, movie nights, talks/presentations, and games. Off-site excursions are also offered, such as shopping, scenic drives, and other short trips. San Carlos Elms also provides services for clients in need of memory care in 14 specialized memory care units.

Area of addition

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San Carlos Elms has a diverse team of staff members on site throughout the day to care and provide for residents, including health service members, activity coordinators, housekeeping staff, and kitchen and dining room staff. At peak operations, San Carlos Elms has 37 staff members working during the day from 6 a.m. to 11 p.m., with limited health service staff working the night shift, 11 p.m. to 6 a.m. Upon completion of the renovation, an additional full-time housekeeper position is planned to be added to the staffing rotation.

During construction, residents will be relocated within the building and new resident admissions will be reduced. During the construction of the new dining room, meals will be temporarily relocated to the existing lounge/recreation room and the existing library. Access to exterior spaces will be restricted during construction for the safety of the residents. Normal construction impacts such as noise, dust, short-term water or electrical disruptions (short durations on rare occasions with ample notice) are anticipated during the renovation. The entrance to the building will need to be temporarily relocated to Cherry Street (the back entrance) during construction.

Site Plan and Landscaping
The existing landscaped area is 7,420 square feet (18.1% of the lot area), and the proposed landscaping area is 6,460 square feet (15.8% of the lot area). The reduction in landscaping area and the removal of several unprotected trees is due to the expanded dining room and patio in the center wing, as well as the new emergency access stairs and generator pit on the corner of Cherry Street and Elm Street. The zoning district surrounding PD-14 is Multi-Family - Medium Density (RM-100) which has a minimum of 10% landscaping requirement. Therefore, staff find that the proposed development provides sufficient landscaping onsite.

The Project proposes new landscaping in the front setback, adding a variety of one-gallon shrubs and four (4) new 24-inch box trees around the new middle wing and the left wing to provide screening for the new patio walls, equipment well, and emergency exit stairs on the corner of Cherry Street and Elm Street. A standard of development had been added to the draft Ordinance that states “the project shall be constructed in accordance with all requirements of the most recent Design Review Certificate, Conditional Use Permit, and approved Planned Development Plan.” For additional details, please refer to Attachment 1, Exhibit A, sheets L1 through L3 of the Planned Development Plan for further details. Landscaping is required to be maintained for the life of the project. Staff finds that the proposed landscape plan is an improvement over the existing site landscaping.

Parking Requirements
There are currently 40 standard parking spaces and two (2) accessible parking spaces on site in the basement, totaling 42 on-site parking spaces. Ordinance 1265 required that the project shall have no less than 0.41 parking spaces per unit. The basement reconstruction proposes to remove one parking space, and with the three (3) new net units, the parking ratio would be 0.38 parking spaces per unit. In addition, pursuant to Assembly Bill 2097, public agencies are prohibited from imposing any minimum parking requirements on any residential, commercial, or other development project that is located within a half-mile of public transit. The project site is located approximately 0.35 miles (1,800 feet) from the Caltrain Station. As such, the provision of minimum parking spaces is not required for this location and use and has been removed from the proposed Ordinance amendment. It is also worth noting that very few residents drive cars and several staff members use public transportation, walk, or bike to the site. Therefore, staff find that there will be sufficient parking on-site for the expanded residential care facility use.

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This project is exempt from the Transportation and Demand Management requirements of San Carlos Municipal Chapter 18.15 per the applicability standards of SCMC Section 18.25.020.

Below Market Rate Housing
The original 1993 San Carlos Elms development of 85 assisted living units included 17 belowmarket-rate units. The 1999 expansion project added 14 memory care units and 4 assisted living units (18 new units) for a total of 103 units. This addition also incorporated 4 additional low-income units, for a total 21 below-market-rate units. These units were incorporated into the development prior to the City’s inclusion of Below Market Rate Housing requirements on private developments.

The current renovation and addition would add three (3) net new units, resulting in a total of 106 units. This renovation proposes no further below-market rate units and does not impact the existing below-market rate units as indicated on the Planned Development Plan.

San Carlos Municipal Code Chapter 18.16 requires rental developments with seven (7) or more units to include 15% of the units as affordable units, 10% for very low-income households, and 5% for low-income households. For a 106-unit development, this results in a requirement of 15.9 below-market rate units. San Carlos Elms currently includes 21 deed-restricted units affordable to very low-income households, exceeding the City’s BMR requirement both in quantity and in affordability levels.

Per Section 18.16.040(D), developments that provide more deed-restricted units affordable to moderate-, low-, and very low-income households than required under Section 18.16.030 are exempt from the below market rate housing requirements. As San Carlos Elms exceeds the requirement, it qualifies for this exemption.

ANALYSIS:

In considering whether to introduce an ordinance to adopt the Planned Development Ordinance amendment and Planned Development Plan, the City Council must consider the findings as outlined in Attachment 1, Exhibit B.

Consistency with the General Plan
The subject site has a General Plan land use designation of Multi-Family, 75-100 DUs/Ac, which permits multi-family dwellings at densities of 75 to 100 dwelling units per acre. This land use category is the most intensive form of multi-family residential development in the City.

The project is consistent with the General Plan policies HOU-5.1 and HOU-5.5. These policies support the development and rehabilitation of housing to meet the needs of seniors and providing a variety of housing options and affordability levels, especially within walking distance of services, transit routes, and in multifamily areas.

A complete list and analysis of the required findings for the consistency with the General Plan is included as an attachment to the Ordinance (Attachment 1, Exhibit B).

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Planned Development Ordinance and Planned Development Plan The applicant proposes to amend the existing Planned Development Ordinance (Ord 1265; PD14) and adopt a new Planned Development Plan to allow for an addition and interior remodel to the existing assisted living facility. The proposed amendments include increasing the maximum number of units permitted from 103 to 106, increasing the maximum number of residents from 126 to 130, and increasing the allowed building coverage from 65% of the subject site to 70%.

Minimum parking requirements have been removed to comply with Assembly Bill 2097, which prohibits public agencies from imposing minimum parking requirements within a half-mile of public transit. Additional provisions include the prohibition of architectural projections within three (3) feet of the property line and landscaping to be in good health for the life of the project.

Table 1 below shows a comparative analysis of the existing and proposed ordinance.

To approve the amendments and adopt a new ordinance, the City Council must make the required findings per SCMC Section 18.36.040. Additionally, a complete list and analysis of the required findings for the Planned Development Ordinance and Planned Development Plan is included as an attachment to the Ordinance (Attachment 1, Exhibit B).

Table 1: Existing and Proposed Ordinance
Standard Existing Ordinance
1265 (adopted 1999)
Proposed Ordinance
Amendments (2026)
Notes
Permitted Use Residential Care,
Senior
Residential Care,
Senior
Maximum Number
of Units
103 units 106 units Increased due to
proposed addition
Maximum Number
of Residents
126 residents 130 residents Increased due to
proposed addition
Front Yard
Setback
15 feet 15 feet
Interior Side Yard
Setback
9 feet 9 feet
Street Side Yard
Setback

7.7 feet 7.5 feet
Rear Yard
Setback

9.5 feet 9.5 feet
Architectural
Projections
Not included No closer than 3 feet
from property line
Added to comply
with building and fire
code and match the
surrounding RM-100
District
Building Height 44 feet 44 feet
Building Coverage 65% of lot 70% of lot
Fence Height 3 feet in the front yard
and 6 feet elsewhere
4 feet in the front yard
and 6 feet elsewhere
Amended to meet
current standard for
front yard fences
Minimum parking
required

0.41 parking
spaces per dwelling
unit
Removed Parking requirement
removed pursuant to
Assembly Bill 2097

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Landscaping Not included Shall be maintained in
good health and for the
life of the project as
approved in the
Planned Development
Plan
Landscaping
requirements added
to comply with
current approval
language for
projects of this size
and scope

PUBLIC NOTICE AND COMMUNITY OUTREACH
The San Carlos Elms held a courtesy community outreach event on August 7, 2025. An invitation to the event was mailed to all property owners within 300 feet of the site and an announcement was made to the on-site residents. The meeting was attended by San Carlos Elms representatives, architect team, City Planning staff, and several neighbors and on-site residents.

Most of the questions were related to construction phasing and disruption during construction.

One commenter suggested widening the sidewalks to provide better connectivity to the Downtown.

Pursuant to SCMC Section 18.29.040 (E), a Public Notice was mailed on March 12, 2026, to all property owners and occupants within a 300-foot radius of the property’s boundary. See Attachment 4.

Pursuant to SCMC Section 18.29.040 (E), a Public Notice was published to the San Mateo Daily Journal and posted on the Subject Site on March 12, 2026.

Staff have not received any public comments as of the writing of this staff report.

ENVIRONMENTAL DETERMINATION
The project is exempt from the California Environmental Quality Act (CEQA) under Section 15301, Class 1 (e)(2) - Existing Facilities.

Respectfully submitted by:

Al Savay, Community Development Director
Approved for submission by:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Ordinance
Exhibit A to Ordinance: Planned Development Plan
Exhibit B to Ordinance: Required Findings for 707 Elm Street

2. Planned Development Ordinance 1265

3. Approved Conditional Use Permit and Design Review Certificate

4. Affidavit of Public Hearing Notice Publication

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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF SAN CARLOS
AMENDING PLANNED DEVELOPMENT ORDINANCE 1265 AND ADOPTING A

PLANNED DEVELOPMENT (PD) PLAN FOR THE PROPERTY KNOWN AS THE SAN CARLOS ELMS SENIOR ASSISTED CARE FACILITY (APN 050-152-320) 707 ELM STREET (PD-14).

WHEREAS, the City Council of the City of San Carlos adopted Ordinance 1137 on October 12, 1993, amending the Zoning Map to rezone the site to Planned Community and adopted a Plan of Development for the San Carlos Senior Assisted Care Facility at 707 Elm Street (APN 050-152-320); and
WHEREAS, the construction of the San Carlos Elms Senior Assisted Care Facility, an assisted living facility with 85 senior living units, including 17 units available for low-income persons, common dining room and underground parking was completed on May 31,1996, in accordance with the approved Plan of Development; and
WHEREAS, on July 26, 1999, the City Council adopted Ordinance 1265 amending the adopted Planned Development Plan for the addition of 14 memory care units and 4 senior living units to the San Carlos Elms Senior Assisted Care Facility including four (4) additional units available for low-income persons, totaling 21 below market rate units; and WHEREAS, on December 5, 2024, San Carlos Elms, property owner, submitted an application to amend the Planned Development Plan to allow a 6,232 square foot addition and modify the internal layout, resulting in three (3) additional senior living units; and WHEREAS, at a duly noticed public hearing held on March 2, 2026, the Planning and Transportation Commission approved the Conditional Use Permit and Design Review Certificate for the building remodel subject to the effective date of the Planned Development Ordinance; and WHEREAS, by Resolution PTC2026-02, adopted on March 2, 2026, the Planning and Transportation Commission recommended that the City Council approve the Ordinance amending the Planned Community Zoning Regulation and adopting an amended Planned Development Plan set forth in Exhibit A to this Ordinance; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) under Section 15301, Class 1(e)(2) - Existing Facilities.

WHEREAS the City Council of the City of San Carlos held a duly noticed public hearing on March 23, 2026 to consider the proposed Planned Development Ordinance and Planned Development Plan.

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

SECTION 1: that the City Council hereby amends and adopts the Planned Development Zoning Regulations for that land known as the San Carlos Elms Senior Assisted Care Facility located at 707 Elm Street (APN 050-152-320).

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SECTION 2: That the City Council hereby adopts the Planned Development Plan which consists of EXHIBIT A - SAN CARLOS ELMS RENOVATION PLANS CONSISTING OF 46 SHEETS DATED 12/05/2025
The Standards of Development in this PD District are as follows:

1. The permitted use of the property shall be for an assisted living facility for seniors. Said use is more specifically defined as a residence providing room, board and care for more than 6 ambulatory or non-ambulatory persons 60 years of age or older, in which professional nursing care may be required, and when licensed or approved by the County of San Mateo or the State of California.

2. The maximum number of dwelling units permitted on the property shall not exceed 106.

No more than 130 people are permitted to reside within the Residential Care facility. The development shall contain a common dining room, and three meals per day shall be provided on a regular basis for all residents.

3. The following minimum setback shall be maintained: Front yard (Elm Street) – 15 feet, interior side yards - 9 feet, street side yard (Cherry Street) – 7.5 feet, rear yard 9.5 feet.

All architectural projections shall not extend closer than 3 feet from any property line, including any eves and overhangs. Below grade structures may encroach into any required yards.

4. The building height for the project shall not exceed 44 feet from finished grade to the highest point of the structure as indicated on the Planned Development Plan.

5. The aggregate building coverage shall not exceed 70% of the site.

6. Fences located within any required front yard setback may not exceed 4 feet in height. All other fences may not exceed 6 feet in height.

7. Prior to the issuance of a Building Permit, all fire safety requirements as required by the Fire Marshall shall be addressed, or provisions shall be made for their implementation to the satisfaction of the Fire Marshall.

8. Landscaping shall be maintained in good health for the life of the project as approved in the Planned Development Plan.

9. The project shall be constructed in accordance with all requirements of the most recent Design Review Certificate, Conditional Use Permit and approved Planned Development Plan.

10. The Development Schedule for the complete implementation of the Planned Development Plan shall be three (3) years from the effective date of this Ordinance. An approved Planned Development Plan that has not been exercised may be renewed for a two-year period, approved by the City Council after a duly-noticed public hearing.

Application for renewal shall be made in writing between thirty and one hundred twenty days prior to the expiration of the original approval.

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SECTION 3: The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable, and if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 4: This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption. * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the 23rd day of March, 2026 and passed and adopted as an Ordinance of the City Council of the City of San Carlos at a regular meeting thereof held on the ______ day of ____, 2026 by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
Exhibit A: Planned Development Plan
Exhibit B: Findings for the San Carlos Elms Senior Assisted Living Facility, 707 Elm Street AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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March 23, 2026 Packet Pg. 592

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March 23, 2026 Packet Pg. 593
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March 23, 2026 Packet Pg. 594

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March 23, 2026 Packet Pg. 595

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83 83
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(;,67,1*522)*877(56
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$

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6+((7180%(5
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6+((7180%(5
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EXHIBIT B

FINDINGS FOR THE CITY COUNCIL CONSIDERATION FOR THE SAN CARLOS ELMS SENIOR ASSISTED LIVING FACILITY, 707 ELM STREET
Planned Development Findings - SCMC Section 18.36.040
In considering whether to approve the Planned Development Ordinance and Planned Development Plan amendment, the City Council must consider the following findings, pursuant to San Carlos Municipal Code Section 18.36.040:

A. The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply; Basis for finding: The General Plan designation for the subject site is Multi-Family,75-100 DUs/Ac. The multiple-family, high-density residential classification applies to the entire block bounded by Elm Street, Cherry Street, Walnut Street, and Olive Street. This land use category is the most intensive form of multi-family residential development in the City. The high-density residential category provides an area for more concentrated living accommodations adjacent to the Downtown. Densities of up to 100 dwelling units per gross acre are permitted. The San Carlos Elms senior living facility, as proposed, would be 113 units per acre (106 units on 0.94 acres) if each unit were considered an independent dwelling unit. However, the assisted living units do not qualify as full dwelling units under SCMC Section 18.41.020, which requires dwelling units to have separate facilities for sleeping, eating, cooking, and sanitation. San Carlos Elms residents do not live independently, and do not have full kitchens in their units, thus requiring access to the dining hall. For these reasons, the San Carlos Elms units cannot be classified as separate dwelling units for the purposes of density and Regional Housing Needs Allocation (RHNA) counts. Additionally, pursuant to State Density Bonus law, Government Code Section 65915(b)(1), San Carlos Elms qualifies for a bonus of 20 percent over the base density based on the provision of affordable units. This would permit up to 124 units to be built on site. Therefore, staff finds that the proposed project is compliant with the density requirements of the General Plan.

The San Carlos Elms project is consistent with the following goals and policies contained within the adopted General Plan Housing Element, as outlined below:

POLICY HOU-5.1: Special Needs Population Housing. Promote the development and rehabilitation of housing to meet the needs of special needs groups, including seniors, persons with disabilities, the homeless, people with illnesses, people in need of mental health care, single parent families, large families, farmworkers, and others.

POLICY HOU-5.5: Senior Housing. Provide for a variety of housing options and affordability levels for seniors, including independent living, assisted living, and nursing home care facilities, especially within walking distance of services and transit routes and in multifamily areas. Encourage senior housing that provides on-site recreational activities, medical care, and personal services that enhance the quality of life for residents. 707 Elm Street is not within any City adopted Specific Plan.

10.b
March 23, 2026 Packet Pg. 625
B. The subject site is physically suitable for the type and intensity of the land use being proposed;
Basis for finding: The proposed project is consistent with the General Plan Land Use classification, which allows for the most intensive form of residential development. The 0.94- acre site is large enough to accommodate the intensity of development while still providing landscaping and outdoor recreational space for residents. The basement parking garage and front-loading area allow for adequate onsite access and circulation. Furthermore, several sites in the immediate area, such as 1232-1244 Cherry Street (a 0.29-acre site with 33 units; equivalent to 114 units per acre), illustrate a comparable density and intensity to that of San Carlos Elms. Further, the facility has been operational since 1996 with no issues to the surrounding areas.

C. Adequate transportation facilities and public services exist or will be provided in accord with the conditions of PD plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;
Basis for finding: The Project is located within a highly developed area of the City, just outside of the Downtown Specific Plan, and has adequate access to the public utilities serving the site.

The project site is located approximately 0.35 miles (1,800 feet) from the Caltrain Station and El Camino Real that is the main thoroughfare for buses on the peninsula. Additionally, the development is one block away from Downtown which is extremely walkable and features a pedestrian-only area on the 700 block of Laurel Street. The project is not expected to result in a reduction of traffic levels of service, as a vast majority of residents do not drive personal vehicles and opt to use the San Carlos Elms shuttle/van. This project is exempt from the Transportation and Demand Management requirements of San Carlos Municipal Chapter

18.15. D. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;
Basis for finding: Many of the existing land uses surrounding the San Carlos Elms facility are low-rise apartment complexes and single-family homes that do not currently meet minimum density requirements following the most recent Housing Element update and upzoning. Once those surrounding sites are redeveloped, they will contain projects of similar size and intensity to that of San Carlos Elms. This is evident in projects such as 1501 Cherry Street that saw the development of 34 units where a single-family home once was, or 1232-1244 Cherry Street, which upzoned existing low-rise apartments.

The project includes the addition of three (3) new assisted living units for seniors that helps realize Housing Element policy HOU-5.1. Furthermore, the renovation proposes a larger salon space with a whirlpool tub and massage room and a new fitness center, aligning with Housing Element policy HOU-5.5 to provide on-site personal services.

10.b
March 23, 2026 Packet Pg. 626
E. The development generally complies with applicable adopted design guidelines; and
Basis for finding: The proposed development is generally consistent with the existing adopted Planned Development Plan (Ord. 1265), ensuring that the proposed expansion is well integrated into the existing building while providing needed updates after 26 years. The proposed addition will meet the height, setback, color, roof style, and detailing found on the existing facility. The design complies with the City’s Design Criteria for Design Review and has undergone review by City Staff to ensure high-quality architecture given its proximity to City Hall and Downtown.

F. The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

1. Appropriateness of the use(s) at the proposed location.

2. The mix of uses, housing types, and housing price levels.

3. Provision of units affordable to persons and families of low and moderate income or to lower income households.

4. Provision of infrastructure improvements.

5. Provision of open space.

6. Compatibility of uses within the development area.

7. Creativity in design and use of land.

8. Quality of design, and adequacy of light and air to the interior spaces of the buildings.

9. Overall contribution to the enhancement of neighborhood character and the environment of San Carlos in the long term. (Ord. 1438 § 4 (Exh. A (part)), 2011)
Basis for finding: The proposed development complies with the majority of the development standards of the surrounding RM-100 Zoning district, such as front setback, lot coverage, height, number of stories, and landscaping. The proposed addition and renovation will help fulfill General Plan policy HOU-5.5 by providing 9,012 square feet of resident community space and amenities. This adds up to 70 square feet per resident, compared to 61 square feet per resident before the renovation.

The San Carlos Elms facility is the only commercial assisted senior living facility in the City of San Carlos, representing a very unique use that would otherwise not be allowed in the surrounding RM-100 zoning district without a Use Permit. The project contributes to the community by providing needed assisted senior living units, fulfilling General Plan policy HOU5.1.

10.b
March 23, 2026 Packet Pg. 627
ORDINANCE NO, _1265

AN ORDINANCE OF THE CITY OF SAN CARLOS ADOPTING A PLAN OF DEVELOPMENT FOR THAT PROPERTY KNOWN AS THE SAN CARLOS ELMS SENIOR ASSISTED CARE FACILITY The City Council of the City of San Carlos does ordain as follows:

SECTION 1: That Article 18.16.020 of the San Carlos Ordinance Code and being the Zoning Map of said City, is hereby amended by the adoption of a Plan of Development in accordance with the Planned Community Zoning Regulations for that land known as the San Carlos Elms Senior Assisted Care Facility being further described as the 41,000+ square foot parcel of land located on the southerly side of Cherry Street and easterly side of Elm Street more specifically identified as Lots 23, 24, 25, 26, 27, 28 and 29 of the Amended Map of the Town of San Carlos.

SECTION 2: That the City Council hereby adopts the Plan of Development which consists of: EXHIBJT “A” - PLAN OF DEVELOPMENT, SAN CARLOS RESIDENTIAL CARE

FACILITY, SAN CARLOS, CA, DATE STAMPED BY THE SAN CARLOS PLANNING DEPARTMENT, AUGUST 6, 1993, AND SAN CARLOS ELMS ADDITION PLANS CONSISTING OF 4 SHEETS (GARAGE PLAN, 187 FLOOR PLAN, 2" & 3° FLOOR PLAN, AND CHERRY STREET ELEVATION) DATED 4/13/98, with changes as noted in the conditions below.

EXHIBIT “B” — STANDARDS NUMBERS 1 —- LISTED AS FOLLOWS:

1. The permitted use of the property shall be for an assisted living facility for the aged.

Said use is more specifically defined as a residence providing room,.board and care for more than 6 ambulatory or non-ambulatory persons 60 years of age or older, in which professional nursing care may be required, and when licensed or, approved by the County of San Mateo or the State of California. .

2. The maximum number of dwelling units permitted on the site shall not exceed 103.

No more that 126 people are permitted to reside in the project. The project shall contain a common dining room and three meals per day shall be provided on a regular basis for all residents on the project.

3. The following minimum setback shall be maintained: front yard (Elm Street) — 15’, interior side yards — 9’, exterior side yard (Cherry Street) - 7.5, rear yard 9.5’.

Provided that below grade structures may encroach into any required yards.

4. That the building height for the project shall not exceed 44’ as indicated on the plan of development.

5. That prior to the issuance of a Building Permit for the project, the proposed architecture and site plan shall be reviewed and approved by the San Carlos Architectural Review Committee.

10.b
March 23, 2026 Packet Pg. 628
Be.

Page 2 ends

San Carlos City CouncilMarch 23, 2026

San Carlos City Council
March 23, 2026