CITY OF SAN MATEO
City Council Regular Meeting and
City Council Special Meeting with
Planning Commission
February 7, 2022
7:00 PM
COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez
AGENDA
DUE TO THE STATE OF CALIFORNIA’S DECLARATION OF EMERGENCY – THIS MEETING IS BEING HELD PURSUANT TO AUTHORIZATION FROM GOVERNMENT CODE 54943(b)(3) / AB361 (2021) – CITY COUNCIL AND COMMISSION MEETINGS ARE NO LONGER OPEN TO IN-PERSON ATTENDANCE.
ANYONE CAN WATCH AND PROVIDE COMMENTS REMOTELY IN THE WAYS DESCRIBED AT THE END OF THE AGENDA.
To join via Zoom – click here: February 7, 2022 Zoom Meeting To join via telephone: (408) 638-0968
Conference ID: 850 6912 7934 Passcode: 072258
CALL TO ORDER
Pledge of Allegiance
Roll Call
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.
1. City Council Meeting Minutes – Approval
Approve the minutes of the City Council Special and Regular meeting of January 18, 2022 and the Special meeting of January 29, 2022.
2. Emergency Ordinance – Suspension of Minimum Parking Requirements and Enforcement of Zoning Regulations for Outdoor Business Operations
Adopt an Emergency Ordinance to extend the temporary suspension of minimum parking requirements on private parking lots and enforcement of zoning regulations for outdoor business operations for commercial uses in private shopping centers during the COVID- 19 public health emergency.
3. Remote Teleconferenced City Council and Commission Meetings – Reauthorization Adopt a Resolution to reauthorize remote teleconferenced City Council and Board and Commission meetings for 30 days, through March 9, 2022, as allowed by Assembly Bill 361 amending the Brown Act, based upon the Governor’s emergency proclamation and findings that meeting in person would present imminent risks to the health or safety of attendees.
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4. Citywide Street Rehabilitation Package 2-B – Appropriation and Agreement Adopt a Resolution to authorize a budget transfer of $95,000 from the High Voltage Street Light Conversion Project to the Citywide Street Rehabilitation Package 2 Project; approve an agreement with J.V. Lucas Paving, Inc. for the Citywide Street Rehabilitation Package 2-B in the amount of $976,415.31; establish a contingency reserve in the amount of $98,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
5. Delaware Street Relief Sewer Project – Construction Agreement Award an agreement with JMB Construction, Inc. for construction of the Delaware Street Relief Sewer Project in an amount not to exceed $8,448,375; establish a contingency fund in an amount of $1,690,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
6. Use of City Owned Poles – Agreement
Approve a Master License Agreement with Crown Castle, LLC to allow small cell installations on City-owned poles for an annual charge of $270 per pole and authorize the City Manager to execute the agreement in substantially the form presented.
7. 400 East 5th Avenue Downtown Parking Garage – Transformer Room Agreement Approve an agreement with Pacific Gas & Electricity (PG&E) to allow for the installation and utilization of transformers in the new parking garage that is being constructed at 400 East 5th Avenue and authorize the City Manager to execute the agreement in substantially the form presented.
8. Eucalyptus Tree Removals – Agreement
Approve an agreement with Professional Tree Care Company for Crystal Springs Road eucalyptus tree removals in the amount of $178,500 and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
9. Sycamore Pruning Project – Agreement
Approve an agreement with the Professional Tree Care Company for sycamore tree pruning in the amount of $139,755 and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
10. South Bay-Peninsula Preservation Lab – Appointment
Appoint Council Member Lee to the South Bay-Peninsula Preservation Lab as a member representing the City of San Mateo.
PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.
Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.
OLD BUSINESS
11. COVID-19 Update
Receive an update on operational impacts and other City efforts related to COVID-19, confirm rules and regulations issued by the City Manager acting as the Director of Emergency Services in response to declared emergency, and confirm the need for a continued local declaration of emergency. 2 of 324
NEW BUSINESS
12. 4 West Santa Inez Avenue Condominiums – Reconsideration of Project Denial Adopt a Resolution to vacate the February 5, 2018 City Council action denying the proposed condominium project located at 4 West Santa Inez Avenue, and approve a:
1. Site Plan and Architectural Review for a new 15,322 square-foot, four-story 10-unit residential condominium building with an underground parking garage with an automated parking lift system;
2. Site Development Planning Application for the removal of 22 trees over six-inches in diameter;
3. Vesting Tentative Map to merge two existing parcels into one 10,763 square-foot parcel and create ten (10) residential condominium units with associated common space per the listed Findings and Conditions of Approval; and
4. Determination that the project qualifies for a Categorical Exemption from further environmental review under the California Environmental Quality Act (CEQA) Categorical Exemption, CEQA Class 32 Section 15332, “In-Fill Development Projects” based on the Findings and Conditions of Approval.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.
ADJOURNMENT OF THE CITY COUNCIL REGULAR MEETING
This meeting has adjourned to a
City Council Special Joint Meeting with the Planning Commission
COUNCIL MEMBERS PLANNING COMMISSION MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez
Ramiro Maldonado, Chair
Margaret Williams, Vice Chair
John Ebneter
Adam Nugent
Seema Patel
CALL TO ORDER
Roll Call
NEW BUSINESS – JOINT MEETING
13. Housing Element Goals, Policies and Programs – Study Session Receive an update on the Housing Element process and provide direction to staff on Housing Goals, Policies and Programs to include in the updated Housing Element for 2023-2031.
ADJOURNMENT OF THE SPECIAL JOINT MEETING
------------------------------------------------------------------------------------------------------------------------------------------ AGENDAS : Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
WATCHING A MEETING ON TV: City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.
For transmission problems during the broadcast, please call (650) 522-7099.
For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m. 3 of 324
WATCHING A MEETING ON A COMPUTER: There are three ways to stream. 1) Public Meeting Portal www.cityofsanmateo.org/publicmeetings 2) City YouTube channel and stream it on YouTube: http://youtube.com/CityofSanMateo 3) Watch TV live stream: https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream PUBLIC COMMENTS – Can be received in the following ways (Time limits will apply) :
Prior to the meeting in writing: Send comments to: [email protected] until 4 p.m. the day of the meeting.
During the meeting by computer: Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default.
When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.
During the meeting by telephone: Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.
ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 4 of 324
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 1 Section Name: CONSENT CALENDAR File ID: 22-5759 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 07, 2022
SUBJECT:
City Council Meeting Minutes - Approval
RECOMMENDATION:
Approve the minutes of the City Council Special and Regular meeting of January 18, 2022 and the Special meeting of January 29, 2022.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Minutes 2022-01-18 Special
Att 2 – Minutes 2022-01-18 Regular
Att 3 – Minutes 2022-01-29 Special
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Tuesday, January 18, 2022
Remote 5:30 PM
Special Meeting
CALL TO ORDER This meeting was held pursuant to authorization from Government Code 54943(b)(3) / AB361 (2021) in which Brown Act regulations are relaxed to allow members to participate virtually due to the Covid-19 health emergency.
Roll Call
Remote: Mayor Bonilla, Council Members: Lee and Rodriguez Deputy Mayor Diane Papan joined the meeting at 5:40 p.m.
Council Member Joe Goethals joined the meeting at 5:57 p.m.
STUDY SESSION
1. Density Bonus Concessions and Residential Densities in Mixed-Use Projects – Policy Discussion Manira Sandhir, Planning Manager, provided a presentation regarding the use of state density bonus law concessions for height exceptions and residential densities in mixed-use development. Council asked questions of staff.
Public Comment – Seema Patel commented on other jurisdictions’ efforts and the importance of matching nearby cities. Kalisha Webster, housing advocate, spoke of the importance on providing housing choices. Laura Watanuki stated the need to encourage developers to provide incentives for tenant’s use of public transportation and cautioned about the impact on parking.
Zachary Dahl, Community Development Deputy Director, also provided answers to Council’s questions.
Council was in agreement with creating a more standardized and consistent process for new development and consolidating the community benefits and the density bonus programs to have more options for developers. They would like to have a parallel track for both the mixed-use projects standards and the City’s Housing Element.
CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session to consider:
2. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Marcia A. Sklar et al. v. State, et al., San Mateo Superior Court Case No.: 19CIV03718 ADJOURNMENT – The meeting adjourned at _________ p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice M. Olds, City Clerk 6 of 324
City Council Regular Meeting Minutes – 01/18/2022 Page 1
COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez
CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Tuesday, January 18, 2022
Remote 7:00 PM
Regular Meeting
CALL TO ORDER - This meeting was held pursuant to authorization from Government Code 54943(b)(3) / AB361 (2021) in which Brown Act regulations are relaxed to allow members to participate virtually due to the Covid-19 health emergency.
Pledge of Allegiance
Roll Call
Remote: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez
CEREMONIAL
1. Human Trafficking Prevention Month – Community Volunteer Dr Sue Stevens received the proclamation
2. Paula Gendotti, Police Department – Commendatory Resolution C-2 (2022)
CONSENT CALENDAR
The following items, 3 through 11, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.
Moved: Goethals, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
3. City Council Meeting Minutes - Approval
Approve the minutes of the City Council Special and Regular meetings of January 3,2022.
4. Remote Teleconferenced City Council and Commission Meetings – Reauthorization Adopt a Resolution to reauthorize remote teleconferenced City Council and Board and Commission meetings for 30 days, through February 17, 2022, as allowed by Assembly Bill 361 amending the Brown Act, based upon the Governor’s emergency proclamation and findings that meeting in person would present imminent risks to the health or safety of attendees.
Enactment: Resolution No. 7 (2022)
5. Senior Citizens Commission and General Plan Subcommittee – Appointment Subcommittee Recommendations Approve the recommendation of the Senior Citizens Commission Appointment Subcommittee, comprised of Mayor Bonilla and Council Member Goethals, to appoint Jon Wu from the eligibility list established in September 2021 to a partial term ending June 10, 2025; and approve the recommendation of the General Plan Subcommittee Appointment Subcommittee, comprised of Mayor Bonilla and Council Member Rodriguez, to appoint Adam Nugent to the General Plan Subcommittee Planning Commission seat.
6. Council Member and Clerk – Travel Authorization
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City Council Regular Meeting Minutes – 01/18/2022 Page 2 Approve the request for travel out of state and lodging for Council Member Joe Goethals and City Clerk Patrice Olds, subject to the City Council Guidelines, as the City's official representatives at the 101st Airborne 1st Brigade Ball on January 28, 2022, to represent the recognition of the 50th Anniversary of the 1972 welcome home parade San Mateo held for its adopted unit (1/327 A Company) returning from the Vietnam War.
7. California Department of Justice Tobacco Grant Program Award – Grant Acceptance and Backfill Officer Assignment
Adopt a Resolution to accept grant funds in the amount of $710,114 from the State of California Department of Justice, Tobacco Grant Program; authorize the Chief of Police to execute the Memorandum of Understanding with the California Department of Justice and all other necessary grant documents; authorize the addition of 1.00 Full- Time Equivalent Police Officer position for the three-year duration of the grant period; and amend the adopted fiscal year 2021-22 budget.
Enactment: Resolution No. 8 (2022)
8. Contracts with Contingency Component – Update
Receive the report on citywide contracts contingency fund expenditures for the period from July 1, 2015 through October 31, 2021.
9. Renewable Diesel Fuel Purchase – Amendment
Adopt a Resolution to approve an alternative purchasing procedure and approve Amendment No. 2 to the agreement with Valley Oil to change the type of fuel provided from regular diesel to renewable diesel at the same price and terms and extend the existing agreement term by one year with three additional one-year extensions at the City’s option; and authorize the Public Works Director to execute the amendment in substantially the form presented.
Enactment: Resolution No. 9 (2022)
10. Fare Integration – Letter of Support
Authorize the Mayor to sign and include the City of San Mateo logo on a letter of support for Bay Area transit fare integration.
11. 2022 Annual Investment Policy – Approval
Adopt a Resolution to approve the City of San Mateo 2022 Investment Policy.
Enactment: Resolution No. 10 (2022)
PUBLIC COMMENT
Public Comment - Noelia Corzo read statement which was translated from Spanish from Mina about concerns with protecting renters from landlords with poor conditions. John H. Love asked Council to prioritize the prevention of rental evictions at goal setting session.
OLD BUSINESS
12. Universal Healthcare – Resolution in Support
City Manager Drew Corbett provided a presentation on Council’s request to issue a resolution of support of Universal Healthcare values. Council had no questions.
Public Comment – Amanda Minch thanked all for bringing this matter forward and time spent amending. 8 of 324
City Council Regular Meeting Minutes – 01/18/2022 Page 3 Motion to Adopt a Resolution in support of universal healthcare coverage, universal healthcare access, and the elimination of disparities in coverage and health outcomes. Motion passed 4-0.
Moved: Goethals, Seconded: Lee
Ayes: Bonilla, Papan, Lee, and Goethals
Noes: None
Abstained: Rodriguez
Enactment: Resolution No. 11 (2022)
NEW BUSINESS
13. 2021-22 Mid-Year Budget Update
Rich Lee, Finance Director, provided a presentation overviewing the City’s financial position and adjustments needed to the budget. Council asked questions of staff. There was no public comment.
Motion to Adopt a Resolution to appropriate $110,000 of additional projected real property transfer tax to the General Fund Non-Departmental operating budget to correct an error in the adopted 2021-22 budget and transfer $38,265 in budget from the City Clerk’s operating budget to the Comprehensive Liability Fund to address legal costs related to the transition to district elections. Motion passed 5-0.
Moved: Papan, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Enactment: Resolution No. 12 (2022)
14. Police Department Strategic Initiatives and Objectives – Updates Ed Barberini, Police Chief, provided a presentation on the status of the Police Department’s efforts to meet objectives set forth in the City Council Strategic Plan and demonstrated the Department’s progress on transparency in policing. Briana Fair, Mental Health Clinician, discussed her program and work with the police.
Council asked questions of staff. There was no public comment.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Lee requested that Council consider delegating her as a participant in the South Bay Preservation Lab and its intent to convene to look into housing preservation strategies. Council by consensus agreed to bring back for discussion.
ADJOURNMENT –The meeting adjourned at 8:46 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice M. Olds, City Clerk 9 of 324
COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Tuesday, January 29, 2022
Remote 9:00 AM
Special Meeting
CALL TO ORDER This meeting was held pursuant to authorization from Government Code 54943(b)(3) / AB361 (2021) in which Brown Act regulations are relaxed to allow members to participate virtually due to the Covid-19 health emergency.
Roll Call
Remote: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez
STUDY SESSION
1. City Council Goal Setting Workshop
The Mayor stated the purpose of the workshop is to review the current Council Strategic Plan and identify new Council objectives for consideration for fiscal year 2022-23.
Public Comment – Raayan Mohtashemi, Silicon Valley Bike, Coalition presented an organized presentation on bicycle network goals. Lisa Diaz Nash spoke regarding the goals. Alan Mattlage spoke in favor of green goals.
Michelle Hudson spoke in support of fighting climate change. Robert Whitehair spoke in favor of housing and decarbonization. Heather Wolnick recommended prioritizing active transportation network. Zachary Scott, 12 years old, spoke about supporting policies for climate change. Siya Verma in support of placing 18 to 25 year-olds on the Park & Recreation Commission. David Hunt spoke in favor of active alternative transportation plan. Mary Rose LeBaron spoke in favor of lower fossil fuel emissions the fastest. Adam Loraine spoke in favor of environmental priorities. Debra Leschyn spoke in favor of the B Street mall and climate change initiatives. Justin Alley, One San Mateo, spoke in favor of keeping families in their homes by fighting unjust evictions. Megan Strain spoke in support of climate action policies.
Mayor Bonilla outlined the process to be used today and City Manager Drew Corbett provided information specifics about the process going forward. Facilitator Tim Dunkin led the workshop.
City Manager Drew Corbett reviewed prior strategic goals that required updating. Council discussion ensued on proposed changes. Department Heads Azalea Mitch, Public Works Director and Police Chief Ed Barberini responded to questions raised.
Council recessed from 10:32 am to 10:42 am.
Council reviewed City Council proposed objectives and made modification to the following:
New Council Objectives
Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030. Analyze density minimums for mixed-use projects and update the Density Bonus and Community Benefits policies
Adopt an ordinance that creates a buffer zone during large protests around clinics, like planned parenthood, so that accessibility remains possible.
Study fiscal impact of adopting an environmental, social, and corporate governance (ESG) provision for our City’s investment policy.
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Study landscaping water conservation incentive policies Study campaign finance reform policies
Explore ways to explore expanding youth participation and representation on Boards and Commissions Explore policies to strengthen AB1482 Tenant Protection Act Increase education and resources to small businesses on ADA compliance Open public bathroom downtown
Evaluate leaf blower regulations
Adopt a Retail Cannabis Ordinance with restrictions around schools and significant public benefits including license fees and safety standards.
Provide no cost menstruation products at recreation centers. Address structural issues at the Marina Library
Implement projects and programs to enhance Police Traffic Unit services. Explore whether the City should adopt an ordinance to zone parcels for up to 10 units of residential density per parcel if the parcel is located in a transit-rich area or an urban infill site (SB10).
Council proceeded to rank the new objectives with the result they were all given A level status.
Public Comment – One San Mateo - spoke in favor protecting rent eviction regulations. There being no further business the Council moved on to adjournment.
ADJOURNMENT
The meeting adjourned at 12:25 pm.
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 2 Section Name: CONSENT CALENDAR File ID: 22-5717 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: February 07, 2022
SUBJECT:
Emergency Ordinance – Suspension of Minimum Parking Requirements and Enforcement of Zoning Regulations for Outdoor Business Operations
RECOMMENDATION:
Adopt an Emergency Ordinance to extend the temporary suspension of minimum parking requirements on private parking lots and enforcement of zoning regulations for outdoor business operations for commercial uses in private shopping centers during the COVID-19 public health emergency.
BACKGROUND:
On June 15, 2020, the City Council approved an emergency ordinance for the suspension of minimum parking requirements for private shopping centers and enforcement of zoning regulations pertaining to outdoor business operations in private shopping centers. In response to the changing COVID-19 pandemic, the emergency ordinance was augmented and extended several times by the City Council in order to support small business as the pandemic is still ongoing.
The emergency ordinance allows restaurants, gyms and fitness centers, personal care services, hair salons and barbershops, places of worship, shopping malls, educational facilities, including daycares, and other educational uses to operate outdoors. The last extension was on November 15, 2021 and will expire on February 13, 2022.
Staff recommends the extension of the current emergency ordinance for outdoor business operation on private parking lots in order to support small businesses, provide similar assistance to businesses using the City’s right-of-way, and minimize risk of community transmission of the new Omicron variant. Businesses interested in moving or keeping their operations outdoors would require permission from the property manager/landlord and would be subject to State, County, industry and local guidelines. The emergency ordinance will be in effect for 90 days and will expire on May 9, 2022 unless extended by further action of the Council.
BUDGET IMPACT:
There is no anticipated budget impact for the emergency ordinance.
ENVIRONMENTAL DETERMINATION:
In accordance with CEQA Guidelines Section 15304(e), adoption of this ordinance is categorically exempt from CEQA, because it results in a minor, temporary alteration in the use of land which will have no permanent effect on the environment.
NOTICE PROVIDED
All meeting noticing requirements were met.
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ATTACHMENTS
Att 1 - Proposed Emergency Ordinance
STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009
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DRAFT EMERGENCY ORDINANCE
An Emergency Ordinance Imposing a Moratorium on Enforcement of Minimum Parking Space Requirements and Enforcement of Zoning Regulations for Outdoor Businesses WHEREAS, the Governor of California has issued Executive Order N-25-20, requiring all residents to heed any orders or guidance of state and local health officials including but not limited to the imposition of social distancing measures, to control the spread of COVID-19; and WHEREAS, the County is experiencing a high level of community transmission of the unvaccinated population and breakthrough transmissions of the COVID Delta and Omicron variants despite high vaccination rates; and
WHEREAS, the COVID variants are highly transmissible in indoor settings; and WHEREAS, on August 3, 2021, the Health Officer of San Mateo County issued Order No. C19-12, requiring face coverings in indoor workplace and public settings for all people regardless of their vaccination status; and
WHEREAS, the City wishes to remove any impediments to outdoor operations; and WHEREAS, the City’s minimum parking space requirements are codified in Municipal Code Section
27.64.160; and
WHEREAS, minimum parking space requirements are also sometimes included as planning application conditions of approval; and
WHEREAS, the City’s zoning regulations are codified in Municipal Code Title 27; and WHEREAS, some Zoning Code provisions prohibit outdoor operation of businesses; and WHEREAS, on June 15, 2020, the City Council adopted an emergency ordinance imposing a moratorium on enforcement of minimum parking space requirements for restaurants located in shopping centers, with the ordinance set to expire on September 13, 2020; and
WHEREAS, on August 17, 2020, the City Council adopted an emergency ordinance imposing a moratorium on enforcement of minimum parking space requirements for businesses located in shopping centers. The ordinance was expanded from what was approved on June 15, 2020 to cover gyms and fitness centers, places of worship, personal care services, hair salons and barber shops, and shopping malls. This ordinance was set to expire on November 16, 2020; and
WHEREAS, on September 8, 2020, the City Council had adopted an emergency ordinance suspending zoning requirements related to the outdoor operation of businesses located in shopping centers, with the ordinance set to expire on December 7, 2020; and
WHEREAS, on November 16, 2020, the City Council adopted an emergency ordinance extending the moratorium on minimum parking space requirements and the suspension of zoning requirements for businesses 14 of 324
in shopping centers, with the ordinance set to expire on February 14, 2021; and WHEREAS, on February 1, 2021, the City Council adopted an emergency ordinance extending this moratorium through May 2, 2021; and
WHEREAS, on March 1, 2021, the City Council adopted an expanded emergency ordinance that also covered educational facilities, including day care centers, and other educational uses, with the ordinance set to expire on May 30, 2021; and
WHEREAS, on May 17, 2021, the City Council adopted an emergency ordinance extending the moratorium, with the ordinance set to expire on August 17, 2021; and WHEREAS, on August 16, 2021, the City Council adopted an emergency ordinance extending this moratorium, with the ordinance set to expire on November 15, 2021; and WHEREAS, on November 15, 2021, the City Council adopted an emergency ordinance extending this moratorium, and the ordinance is set to expire on February 13, 2022; and
WHEREAS, the COVID-19 pandemic is ongoing, and the City Council wishes to continue suspending minimum parking space and zoning requirements, so long as all affected activities abide by City guidelines; and
WHEREAS, the City of San Mateo is a charter city; and
WHEREAS, City Charter Section 2.16 authorizes the re-enactment of emergency ordinances so long as the emergency continues to exist; and
WHEREAS, City Charter section 2.16 provides that any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety, or welfare and containing the reasons for its urgency, may be introduced, and passed at one meeting.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:
Section 1. Findings. In accordance with City Charter Section 2.16, this Ordinance is necessary as an emergency measure to preserve the public health, safety, and welfare. Due to the COVID-19 pandemic, the Governor of the State of California has declared an emergency and the County of San Mateo has issued an indoor mask mandate for everyone regardless of vaccination status. In order to mitigate the financial impact of the COVID- 19 pandemic on businesses in the City and to reduce community transmission of COVID-19, the City wishes to temporarily enable the use of private parking lots for gyms and fitness centers, places of worship, personal care services, hair salons, barber shops, places of worship, shopping malls, educational facilities, including day cares, and other educational uses by imposing a moratorium on the enforcement of minimum parking space and other zoning requirements including those related to private parking facilities, so long as the parking lots are utilized in accordance with State and County Health Order requirements and City guidelines.
Section 2. Moratorium. For restaurants, gyms and fitness centers, personal care services, hair salons and barbershops, places of worship, shopping malls, educational facilities, including daycares, and other 15 of 324
educational uses operated in accordance with State Health Order requirements and local guidelines, this Ordinance imposes a moratorium on the enforcement of the following minimum parking space requirements for a period of 90 days from the adoption of this Ordinance:
(a) Minimum parking space requirements codified in San Mateo Municipal Code Section 27.64.160; (b) Minimum parking space requirements imposed as a planning application condition of approval; and (c) Enforcement of City Zoning Code requirements that uses be conducted in an enclosed building.
Section 3. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15304(e), adoption of this ordinance is categorically exempt from CEQA, because it results in a minor, temporary alteration in the use of land which will have no permanent effect on the environment.
Section 4. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 5. Publication. This Ordinance shall be published in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.
Section 6. Legislative History and Effective Date. This ordinance was introduced and adopted on Clerk to complete and will take effect immediately upon passage by a 4/5 vote of the City Council. It will expire on the 91st day after its adoption.
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR File ID: 21-5410-05 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 7, 2022
SUBJECT:
Remote Teleconferenced City Council and Commission Meetings – Reauthorization RECOMMENDATION:
Adopt a Resolution to reauthorize remote teleconferenced City Council and Board and Commission meetings for 30 days, through March 9, 2022, as allowed by Assembly Bill 361 amending the Brown Act, based upon the Governor’s emergency proclamation and findings that meeting in person would present imminent risks to the health or safety of attendees.
BACKGROUND:
At its October 18, 2021, City Council meeting, the Council adopted Resolution No. 100 (2021) authorizing continued remote meetings of the Council and its subordinate legislative bodies due to the imminent risk to the health and safety of attendees due to possible transmission of COVID-19 and the recent spread of variants. The resolution became effective October 18, 2021 through November 17, 2021, or until the City Council adopts a subsequent resolution. AB 361 requires confirming the emergency circumstances 30 days after the first teleconference meeting and every 30 days thereafter. At the October 18 meeting, the Council accepted staff’s recommendation to pass a resolution at every meeting to ensure there is no gap in the effectiveness of authorizing resolutions. The action being requested at this February 7th meeting is to adopt a resolution reauthorizing remote teleconferenced Council and Commission meetings per the requirements of Assembly Bill 361.
It was noted in the original resolution that current health orders require masking in all indoor facilities due to health and safety concerns. In addition, San Mateo County Health Order No. c19-12 provides that the Delta variant is highly transmissible in indoor settings and requires multi-component prevention strategies to reduce its spread. The California Department of Public Health is currently investigating the length of vaccine protection. The Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors as much as possible.
Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus. These health directives and advice are still in place.
BUDGET IMPACT:
There is no budget impact for taking this action as all software and hardware needs to meet remotely have already been purchased and are in use.
ENVIRONMENTAL DETERMINATION:
Adoption of this resolution authorizing remote teleconferenced meetings of the City Council and City Boards and Commission is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) 17 of 324
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NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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RESOLUTION NO. ___ (2022)
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF CITY OF SAN MATEO EFFECTIVE FEBRUARY 7, 2022 UNTIL THE EARLIER OF MARCH 9, 2022 OR SUCH TIME THE CITY COUNCIL ADOPTS A
SUBSEQUENT RESOLUTION, PURSUANT TO THE BROWN ACT
WHEREAS, the City of San Mateo is committed to preserving and nurturing public access and participation in meetings of the City Council and its Boards and Commissions; and
WHEREAS, all meetings of City of San Mateo’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the District’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, the Governor has proclaimed a state of emergency exists for the state of California due to the conditions caused by the COVID-19 pandemic and the impact on the health and safety of its residents; and
WHEREAS, the Delta and Omicron variants are highly transmissible in indoor spaces, the California Department of Public Health is currently investigating how long vaccine protection lasts, and the Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors; and WHEREAS, in accordance with Assembly Bill 361, the City Council does hereby find that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees and the Council desires to authorize continued remote teleconferenced meetings of its legislative bodies; and WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of City of San Mateo shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies 19 of 324
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Reauthorizing Remote Teleconference Meetings
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shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, the City of San Mateo has taken measures to conduct public meetings via virtual tools that allow for members of its legislative bodies and members of the public to join and participate in meetings remotely and provide public testimony in the virtual environment and via teleconference; and WHEREAS, on October 18, 2021, the City Council adopted a resolution authoring remote teleconference meetings of San Mateo legislative bodies, effective until the earlier of November 17, 2021 or when the City Council adopts a subsequent resolution; and
WHEREAS, this resolution represents a reauthorization of such remote teleconference meetings, pursuant to the Brown Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
2. AB 361 Findings.
a. On March 4, 2020, the Governor of the State of California issued a Proclamation of State of Emergency, which remains in effect.
b. Meeting in person would present imminent risk to the health or safety of attendees, because:
(1) The Delta and Omicron variants of the coronavirus are highly transmissible in indoor settings. (2) The California Department of Public Health is currently investigating how long vaccine protection lasts.
(3) The Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors as much as possible.
3. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of San Mateo are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting remote teleconferenced meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
4. Effective Date and Term. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) March 9, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of San Mateo may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR File ID: 21-5643 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 7, 2022
SUBJECT:
Citywide Street Rehabilitation Package 2-B – Appropriation and Agreement RECOMMENDATION:
Adopt a Resolution to authorize a budget transfer of $95,000 from the High Voltage Street Light Conversion Project to the Citywide Street Rehabilitation Package 2 Project; approve an agreement with J.V. Lucas Paving, Inc. for the Citywide Street Rehabilitation Package 2-B in the amount of $976,415.31; establish a contingency reserve in the amount of $98,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
BACKGROUND:
The Citywide Street Rehabilitation Package 2-B is part of the City’s Pavement Management Program. The project will repair approximately 1.3 miles of streets across nine (9) locations. The engineer’s estimate for the project was $1,330,000. The project was advertised on November 17, 2021, and a total of 13 bids were received and opened on December 14, 2021.
The bids received are listed below in order of increasing bid amount.
Company Name Total Bid Amount
J.V. Lucas Paving $976,415.31
O’Grady Paving $986,920.00
Interstate Grading and Paving $1,040,063.50
G. Bortolotto $1,083,157.00
Teichert Construction $1,117,048.00
Esquivel Grading and Paving $1,117,335.40
McGuire and Hester $1,150,559.00
Goodfellow Bros. $1,205,205.00
Asphalt Surfacing Inc. $1,214,756.00
Azul Works $1,215,284.00
Granite Rock $1,230,641.00
Andreini Bros. $1,297,670.00
ASG Builders $1,299,652.00
At the time of the bid opening, O’Grady Paving (O’Grady) submitted the lowest apparent bid. However, after review of bids, staff determined that O’Grady’s bid miscalculated the summation of the individual bid item totals for the grand total bid. City staff reached out to O’Grady upon discovery of this mathematical error and O’Grady confirmed its error. After corrections were made, the lowest apparent bidder is J.V. Lucas Paving (J.V. Lucas). 21 of 324
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Staff determined that J.V. Lucas Paving’s bid has no errors and received positive references for the company from other agencies. Staff have determined that J.V. Lucas Paving’s bid is responsive and recommends City Council award of the agreement.
Because some of the streets being paved as part of the project are also included in the City’s High-Voltage Conversion Program, the project will install the below-ground electrical conduits for the high-voltage conversion project prior to paving. Including the conduit in the project avoids disturbing newly paved roadways as part of the high-voltage projects.
Accordingly, the project is appropriating funds from the High-Voltage Street Light Conversion Program to cover the cost of electrical conduit installation.
BUDGET IMPACT:
Sufficient funds are available in the Citywide Street Rehabilitation Package 2 Project (Project #467008) to award this agreement. This project includes installation of streetlight conduit that is to be a part of the High-Voltage Street Light Conversion Project (Project #460040). The resolution to allocate $95,000 covers this portion of work included in the Citywide Street Rehabilitation Package 2-B project.
ENVIRONMENTAL DETERMINATION:
The transfer of funds is not a project subject to environmental review because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines section 15378(b)(4).) Additionally, this project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement
Att 3 – Location Map
STAFF CONTACT
Stephanie Gindlesperger, Senior Engineer
[email protected]
(650) 522-7315
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RESOLUTION NO. ____ (2022)
AUTHORIZING A BUDGET TRANSFER OF $95,000 FROM THE HIGH VOLTAGE STREET LIGHT CONVERSION PROJECT TO THE CITYWIDE STREET REHABILITATION PACKAGE 2 PROJECT FOR ADDITIONAL FUNDING WHEREAS, the Citywide Street Rehabilitation Package 2-B project is funded by Citywide Street Rehabilitation Package 2 budget (Project No. 467008); and WHEREAS, High Voltage Street Light Conversion Project elements are included in the Citywide Street Rehabilitation Package 2-B project; and
WHEREAS, funding from the appropriate budget is needed to cover the street light portion of the project; and
WHEREAS, $95,000 of High Voltage Street Light Conversion Project No. 460040 budget is available to be transferred to the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. Environmental review is not required because this transfer of budget funds is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines section 15378(b)(4).) Additionally, the High Voltage Street Light Conversion Project and Citywide Street Rehabilitation Project 2 are categorically exempt as existing facilities which consists of the operation, repair, maintenance, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. (CEQA Guidelines sections15301.)
2. A budget transfer of $95,000 to the Citywide Street Rehabilitation Package 2 Project from the High Voltage Street Light Conversion Project is authorized.
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AGREEMENT WITH J.V. LUCAS PAVING, INC.
FOR PUBLIC IMPROVEMENT
FOR
CITYWIDE STREET REHABILITATION PACKAGE 2-B
CITY PROJECT NO. 467008-46000-1020-43650
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California , (hereinafter called "City") and J.V. Lucas Paving, Inc. , a corporation, with offices at 865 Howe Road, Martinez, CA 94553 (hereinafter called "Contractor"), entered into this day of ____________________.
RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this Agreement.
(b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor.
IT IS AGREED, as follows:
1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:
CITYWIDE STREET REHABILITATION PACKAGE 2-B
CITY PROJECT NO. 467008-46000-1020-43650
2. Contract Price. City shall pay, and the Contractor shall accept, the sum of nine hundred seventy-six thousand, four hundred fifteen dollars and thirty-one cents ($976,415.31) in full payment for the work set forth above.
Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book.
3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendum Numbers 1, 2, and 3 issued to the Contract Book, the State of California Department of Transportation 24 of 324
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Standard Specifications and Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).
All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.
All of the above-named documents are complementary and are intended to operate in harmony, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. In the event of any variation or discrepancy between any portion of this Agreement and any portion of the contract documents, this Agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book.
4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book.
5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.
6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work. Contractor shall not require more than 8 hours labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.
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7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.
Contractor agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
8. Senate Bill 854 Compliance Required. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations. In accordance with Labor Code Section 1771.4 the contractor must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
9. Insurance. The Contractor shall procure and maintain for the duration of the contract and five years thereafter the insurance as specified in Exhibit A of this agreement.
10. Hold Harmless and Indemnity Provision. Contractor agrees to hold harmless, defend, and indemnify the City, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Agreement, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of the City, its elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City or (b) the active negligence of the City; further provided, that this provision shall not affect the validity of any insurance contract, workers’ compensation or other agreement issued by an admitted insurer as defined by the Insurance Code. Contractor will defend City of San Mateo, its elected and appointed officials, employees, and agents, against any such claims.
11. Attorney Fees. Attorney fees in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the contract documents. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither 26 of 324
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party to this Agreement shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of the contract documents. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.
12. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.
14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.
a. Notices required to be given to City shall be addressed as follows:
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement.
15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.
16. Governing Law and Venue. This Agreement, the contract documents, and the performance hereon shall be governed, interpreted, construed, and regulated by the laws of the State of California. The parties agree that any action related to this Agreement or the contract documents will be venued in the County of San Mateo.
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17. Headings. The title and headings of the various sections of this Agreement and the contract documents are intended solely for convenience of reference and are not intended to explain, modify, or place any construction on any provisions.
18. No Partnership or Agency. Nothing in this Agreement nor the contract documents shall be deemed to constitute a partnership in law between City and Contractor, or any sub- contractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.
19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void, the parties would not have entered into the contract documents. The parties shall use all reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention.
20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided: 1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives.
21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and J.V Lucas Paving, Inc. has been duly executed by the parties hereinabove named, as of the day and year first above written.
CITY OF SAN MATEO
CONTRACTOR
Azalea Mitch, PE
Director of Public Works
Date Anthony Perez
Its Authorized Agent
President
If a Corporation, can be either 1)
President or 2) Vice President plus an
additional corporate
officer (i.e.,
Secretary, Treasurer) who shall sign
below.
Date
APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:
Exhibit A: Insurance Requirements
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Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for x years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds as described below.
6. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self- insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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1. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, o r borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and v olunteers. Any insurance or self -insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall prov ide that coverage shall not be canceled, except with notice to the Entity.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site.
Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies) If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date pr ior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the Entity for review.
5. If the services involve lead -based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediatio n, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a 31 of 324
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current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable pol icy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one -year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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Attachment 2
Citywide Street Rehabilitation Package 2-B: Location Map Clark Dr. (El Camino Real to Dorchester)
Gramercy Dr. (120 Gramercyto 136 Gramercy)
Belford Way (De Sabla to End)
Halsey Ave. (Norfolk to Eisenhower)
Joanne Dr (Eleanor to Wolfe)
Southampton Way (Lafayette to Annapolis)
Balmoral Court (22nd to End)
Alder Lane (Alameda de las Pulgas to End)
Midvale Ave (42nd to La Casa)
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR File ID: 22-5703 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 07, 2022
SUBJECT:
Delaware Street Relief Sewer Project – Construction Agreement RECOMMENDATION:
Award an agreement with JMB Construction, Inc. for construction of the Delaware Street Relief Sewer Project in an amount not to exceed $8,448,375; establish a contingency fund in an amount of $1,690,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
BACKGROUND:
The Clean Water Program (CWP) is improving the City’s sanitary sewer system to prevent sewer overflows and unauthorized discharges of sewage. The Delaware Street Relief Sewer Project (Project) is part of the CWP’s efforts to proactively rehabilitate aging sewer pipes and increase wastewater system capacity. The new gravity sewer will serve as a relief line for excess wastewater during storm events and supports the operation and functionality of the Underground Flow Equalization System facility to eliminate sanitary sewer overflows in the City.
The Project includes installing a new gravity pipeline using a combination of open trench excavation and trenchless construction (microtunneling) in the Caltrain right-of-way, starting approximately 900 feet south of E. 25th Avenue and extending southwards to the intersection of S. Delaware Street and Pacific Boulevard. Under an agreement with the Caltrain Joint Powers Board, the project will complete some of the final surface restoration associated with the 25th Avenue Grade Separation project. Notice to proceed with construction is anticipated to be given in March 2022.
In accordance with Municipal Code Section 3.60.030, a competitive public process was used to obtain bids for this service.
A Notice Inviting Sealed Proposals and Bidding Documents was issued to advertise the project on August 23, 2021. Six (6) bids were received and opened on January 18, 2022 with the following results:
Contractor Bid Amount
JMB Construction $8,448,375.00
McGuire and Hester $8,664,350.00
Cratus $9,509,250.00
Anderson Pacific Engineering Construction $9,566,725.00 Ranger Pipelines $10,980,000.00
Mountain Cascade $12,928,925.00
JMB Construction, Inc. was the lowest bidder, with a bid of $8,448,375.00 which is approximately 15% lower than the engineer’s estimate of $10,000,000. Staff recommends the award of the agreement to JMB Construction, Inc. based on 34 of 324
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staff’s determination that the contractor is a responsive and responsible bidder.
The Project construction area is bordered by new commercial development and the recently commissioned Hillsdale Caltrain station. Due to the ongoing construction associated with the Bay Meadows development, staff has determined that a 20% contingency would adequately cover potential unanticipated changes due to underground utilities and congested conditions.
BUDGET IMPACT:
Funding for this agreement and contingency is available in the Basins 2 & 3 Collection System Improvements Project (46S003-46S16).
ENVIRONMENTAL DETERMINATION:
The work addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Agreement
Att 2 – Bid Summary
STAFF CONTACT
Deryk Daquigan, Engineering Manager
(Makarand Pendse, Project Manager – Jacobs)
[email protected]
(650) 522-7287
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7309
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STANTEC/184030704 AGREEMENT
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SECTION 00 50 00 - AGREEMENT
THIS AGREEMENT is by and between the City of San Mateo (Owner) and JMB Construction Inc. (Contractor).
Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:
1. WORK
1.1. Contractor shall complete the Work as specified or indicated in the Contract Documents. The Work is generally described as follows:
1.1.1 Installation of sanitary sewer main, manholes and services, including, but not limited to, temporary facilities and controls; sewers installed by microtunneling, sewers installed by open cut, removal and replacement of emergency vehicle access bridge, microtunneling launching shafts and receiving pits, manholes, testing and monitoring, bioswale, sidewalk, irrigation, planting and retaining wall installation, surface restoration of pavement and necessary appurtenant work to complete the construction as shown in the Contract Documents.
2. THE PROJECT
2.1 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows
2.1.1 Delaware Street Relief Sewer
3. ENGINEER
3.1 Engineer means the licensed Engineer and its consultants, retained by the Owner to perform design services for the Project.
4. CONTRACT TIMES
4.1 Time of the Essence: Time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
4.2 Days to Achieve Substantial Completion and Final Payment:
4.2.1 The Work shall be substantially completed within 260 working days from the date when the Contract Times commence to run as provided in Paragraph
2.03 of the General Conditions and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 280 working days after the date when the Contract Times commence to run. 36 of 324
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4.3 Liquidated Damages:
4.3.1 Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph Contract Times above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $5,000 for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete.
4.3.2 After Substantial Completion, if Contractor neglects, refuses, or fails to complete remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $3,000 for each day that expires after the time specified herein for completion and readiness for final payment until the Work is completed and ready for final payment.
4.4 Fines
4.4.1 Any fines assessed to the Owner as a result of sewage spills caused by the Contractor’s failure to maintain operation of sewage bypass pumping equipment will be deducted from the Contractor’s progress payments.
5. CONTRACT PRICE
5.1 For all Work, at the prices stated in Contractor’s Bid, incorporated herein by reference, a lump sum of $ 8,448,375.00 .
6. PAYMENT PROCEDURES
6.1 Submittal and Processing of Payments: Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.2 Progress Payments and Retainage: Owner will make progress payments on account of the Contract Price on the basis of Contractor’s Application for Payment on the date of each month as established in the preconstruction conference during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.05 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements. 37 of 324
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6.2.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 15.01 of the General Conditions:
6.2.1.1 Ninety five percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and
6.2.1.2 Ninety five percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).
6.2.2 Contractor may elect to substitute securities of equivalent value in accordance with requirements and procedures of Sections 22300 or 10263 of the California Public Contract Code.
6.3 Final Payment:
6.3.1 Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner will pay the remainder of the Contract Price as recommended by Engineer as provided in Paragraph
15.06. 7. INTEREST
7.1 Monies not paid when due as provided in Article 15 of the General Conditions shall bear interest at the legal rate unless otherwise specified according to California law.
8. CONTRACTOR’S REPRESENTATIONS
8.1 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:
8.1.1 Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.
8.1.2 Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
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8.1.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
8.1.4 Contractor has carefully studied: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, which have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site which have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable “technical data.”
8.1.5 Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on 1) the cost, progress, and performance of the Work; 2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and 3) Contractor’s safety precautions and programs.
8.1.6 Based on the information and observations referred to above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
8.1.7 Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
8.1.8 Contractor has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
8.1.9 The Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performance and furnishing of the Work.
8.1.10 Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception, all prices in the 39 of 324
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Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
9. CONTRACT DOCUMENTS
9.1 Contents:
9.1.1 The Contract Documents consist of the following:
9.1.1.1 This Agreement (pages 1 to 9, inclusive).
9.1.1.2 Performance bond (pages 1 to 4, inclusive).
9.1.1.3 Payment bond (pages 1 to 4, inclusive).
9.1.1.4 General Conditions (pages 1 to 52, inclusive).
9.1.1.5 Supplementary Conditions (pages 1 to 46, inclusive).
9.1.1.6 Specifications as listed in the table of contents of the Project Manual.
9.1.1.7 Sewer Construction Drawings consisting of 20 sheets with each sheet bearing the following general title: “Delaware Street Relief Sewer” by Stantec.
9.1.1.8 Surface Improvement Drawings consisting of 29 sheets with each sheet bearing the following general title: “Delaware Street Relief Sewer” by HDR.
9.1.1.9 Addenda (numbers 1 to 8 , inclusive).
9.1.2 Exhibits to this Agreement (enumerated as follows):
9.1.2.1 Contractor’s Bid (pages __1___ to __90___, inclusive).
9.1.3 The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:
9.1.3.1 Notice to Proceed (pages to , inclusive).
9.1.3.2 Work Change Directives.
9.1.3.3 Change Order(s).
9.2 There are no Contract Documents other than those listed above in this Article.
9.3 The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions.
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10. MISCELLANEOUS
10.1 Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.
10.2 Successors and Assigns: Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.
10.3 Attorney Fees:
10.3.1 Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this Contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.
10.4 In accordance with Section 1775, California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than $50 for each calendar day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of California Department of Industrial Relations for the Work.
10.5 10.5. Contractor Registration:
10.5.1 Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR)."
10.6 In the performance of the Work, a day’s work shall be 8 hours of labor in any workday and 40 hours in any work week and any other work as required by Section 510, California Labor Code, and Contractor shall further conform to the requirements of Section 1813, California Labor Code, or forfeit to Owner, as a penalty, the sum of $25 for each worker employed in the execution of the Work by Contractor or any subcontractor, for each day during which any worker is required or permitted to labor more than 8 hours in any workday or more than 40 hours in any 1 calendar week in violation of Section 510.
10.7 Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by Section 3700, California Labor Code."
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10.8 Pursuant to California Labor Code Section 6705, excavation of any trench or trenches 5 feet or more in depth, involving estimated expenditures in excess of $25,000 shall require, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection prepared by a registered civil or structural engineer.
10.9 Pursuant to Section 1770 et seq., California Labor Code, the successful Bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of California Department of Industrial Relations. A copy of such prevailing rate is on file at the offices of the Owner, which copy will be made available for examination during business hours to any party on request."
10.10 Contractor, by signing this Agreement, certifies the following: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
10.11 Nothing in this Agreement shall prevent Contractor or any Subcontractor from employing properly registered apprentices in the execution of the Agreement.
Contractor shall have responsibility for compliance with California Labor Code Section 1777.5 for all apprenticeable occupations."
10.12 10.12. During the performance of Work under this Agreement, Contractor and its Subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and Subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and Subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Council implementing Government Code section 12990, set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."
10.13 Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
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10.14 Assignment of Contract:
10.14.1 No assignment by a party hereto of any rights under or interests in the Contract shall be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents.
10.15 Contractor’s Certifications:
10.15.1 Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract.
For the purposes of this paragraph:
10.15.1.1 “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in Contract execution;
10.15.1.2 “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract Price at artificial noncompetitive levels, or (c) to deprive Owner of the benefits of free and open competition;
10.15.1.3 “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, noncompetitive levels; and
10.15.1.4 “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.
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IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate.
One counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf.
This Agreement will be effective on ____________________(which is the Effective Date of the Agreement).
CITY OF SAN MATEO:
By: Azalea Mitch
Title: Public Works Director
APPROVED AS TO FORM:
Linh P. Nguyen
Assistant City Attorney
CONTRACTOR: JMB Construction Inc.
By: Margaret Burke
Title: President
ATTEST:
Title:
Address for giving notices:
132 South Maple Avenue
South San Francisco, CA 94080
License No. 715324
(Where applicable)
Agent for service or process:
(If Contractor is a corporation, a
partnership, or a joint venture, attach
evidence of authority to sign.)
END OF SECTION
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR File ID: 21-5647 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 7, 2022
SUBJECT:
Use of City Owned Poles – Agreement
RECOMMENDATION:
Approve a Master License Agreement with Crown Castle, LLC to allow small cell installations on City-owned poles for an annual charge of $270 per pole and authorize the City Manager to execute the agreement in substantially the form presented.
BACKGROUND:
The City has received numerous applications for the installation of wireless small cell facilities in the public right-of-way, which include the installation of new utility poles. Because the City owns more than 5,000 streetlights, allowing small cell infrastructure on existing poles would provide for less visually obtrusive installation when compared to the installation of additional utility poles in the City’s streets. The master license agreement allows for installation of wireless small cell facilities on City-owned poles and would greatly reduce the need for wireless companies to unnecessarily install their own poles throughout the city.
In order for Crown Castle, LLC (Crown Castle) to use the City’s streetlight poles, they must enter into a license agreement with the City. The attached Master License Agreement has been developed and reviewed by City staff and Crown Castle.
The terms and conditions of the agreement are the same as the Verizon, AT&T, and ExteNet agreements approved by City Council during 2019 and 2020. The main terms are as follows:
1. The term of the agreement is for ten years with up to fifteen one-year renewal terms. The term of any telecommunications permit issued for a location subject to the agreement will be the same as the agreement itself.
2. The annual rent for each pole, which is dictated by the Federal Communications Commission (FCC), will be $270, subject to a 3% annual increase.
3. Crown Castle will be required to demonstrate compliance with FCC radio frequency emissions standards upon installation or any future modification.
The Sustainability & Infrastructure Commission recommended approval at its regular meeting held on October 13, 2021.
With City Council approval of the agreement, Crown Castle would be able to install small cell facilities on City-owned streetlight poles. Crown Castle will still need to obtain Wireless Communication Facilities permits and follow all requirements of the ordinance, including noticing requirements and conditional approval by the Public Works Director, as well as allowing appeals to the Director’s decision.
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BUDGET IMPACT:
Approval of this Agreement will allow the City to collect $270 annually per City owned pole. The annual fee is set by the FCC.
ENVIRONMENTAL DETERMINATION:
The approval of this Master License Agreement is categorically exempt under the California Environmental Quality Act because it concerns the leasing or licensing of existing public structures involving negligible or no expansion of use. (CEQA Guidelines section 15301.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Agreement
STAFF CONTACT
Matthew Trieu, Engineering Technician II
[email protected]
(650) 522-7382
Tracy Scramaglia, Senior Engineer
[email protected]
(650) 522-7316
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR File ID: 22-5744 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: February 07, 2022
SUBJECT:
400 East 5th Avenue Downtown Parking Garage – Transformer Room Agreement RECOMMENDATION:
Approve an agreement with Pacific Gas & Electricity (PG&E) to allow for the installation and utilization of transformers in the new parking garage that is being constructed at 400 East 5th Avenue and authorize the City Manager to execute the agreement in substantially the form presented.
BACKGROUND:
On August 17, 2020, the City Council approved a Disposition, Development and Loan Agreement (DDLA) with MP Downtown San Mateo Associates, L.P., a subsidiary of Mid Pen Housing (Mid Pen), for the development of 225 family rental units (Kiku Crossing) and a public parking garage at the City owned parking lots at 480 East 4th Avenue and 400 East 5th Avenue.
As part of the parking garage construction, PG&E needs to install and operate transformers in order to provide electrical service to the garage. The transformers will be located inside the designated transformer room within the garage structure. Per their standard practice, PG&E requires a signed Transformer Room Agreement in order to install and utilize the transformers required for this project. The Transformer Room Agreement outlines the terms related to access, maintenance, and any future modifications in the designated transformer room, and will be recorded against the property.
BUDGET IMPACT:
This agreement is necessary for the construction of the new parking garage and does not add any additional unforeseen costs. The City has committed $5 million of parking in-lieu funds for the construction of parking garage, which are already appropriated for this purpose in the City’s Capital Improvement Plan.
ENVIRONMENTAL DETERMINATION:
The City evaluated the environmental impacts and adopted a Mitigated Negative Declaration for the development of the parking garage and associated residential project on August 17, 2020. This agreement is within the scope of, and is implementing, the approved project. None of the conditions requiring additional environmental analysis are present and therefore the City is relying on the Mitigated Negative Declaration that was previously adopted for this project. (CEQA Guidelines Section 15162.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Transformer Room Agreement
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STAFF CONTACT
Kathy Kleinbaum, Assistant City Manager
[email protected]
(650) 522-7153
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Transformer Room Agreement (Rev 2/19)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc San Mateo
Recording Fee $ _____________________________ Document Transfer Tax $
[x] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD#2304-04-10042 TRANSFORMER ROOM AGREEMENT
This Transformer Room Agreement (“Agreement”) is made by and between CITY OF SAN MATEO, a municipal corporat ion of California (“Applicant”) and P ACIFIC GAS AND ELECTRIC COMPANY, a California corporation (“PG&E”), on this _________________ day of ____________, 20__.
RECITALS
(APN 033-281-140)
A. Applicant is the owner of that certain parcel of land, situate d in the City of San Mateo, County of San Mateo, State of California conveyed by deed dated March 10, 2015, and recorded as Document No. 2015-077944 in the Off icial Records of said County (the “Property”).
B. PG&E supplies electric service to Applicant in accordance with its applicable rates and rul es established from time to time and on file with the California Public Utilities Commission (“CPUC”).
C. In order for PG&E to supply and/or Applicant to receive such service, it will be necessary for PG&E to install and utilize transformer(s), including any necessary switches, capacitors and electric protective equipment where required within room(s) or vault(s) on the Property or adjacent to the Property in accordance with PG&E’s Electric Tariff Rule 16 and the terms and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, in return for the consideration, covenants, and promises contained in this Agreement, the parties agree as follows:
1. Where Applicant requests and PG&E approves the installation of transformer(s) in room(s) or vault(s) on the Property or adjacent to the Property, the room(s) or vault(s) shall be furnished, installed, owned and mai ntained by A pplicant and shall meet PG&E’s specifications 87 of 324
for such things as access, ventilation, drainage , grounding system , etc. in accordance with PG&E’s tariff rules . PG&E’s specifications are currently set forth in PG&E’s Engineeri ng Document No. 057 521 entitled “Pad -Mounted Transformer Installed Indoors” contained in Appendix C of PG&E’s Electric and Gas Service Require ments (Greenbook) which is incorporated herein and made part hereof by reference.
2. Any changes or add itions to such room (s) or vault (s) shall be made only after PG&E’s written approval. Applicant’s access to such room(s) or vault(s) shall be for the limited purpose of perfor ming any necessary maintenance and shall be under PG&E’s supervision.
Access to the room(s) or vault(s) shall be in accordance with the Work Procedures and Operating Procedures established by the applicable Cal/OSHA regulations governing high -voltage systems in Title 8 of the California Code of Regulations.
3. Applicant further agrees to a continuing obligation to comply with PG&E’s tariff rules as the same may from time to time be amended or modified by the CPUC.
4. PG&E has agreed to install transformer(s) at locations on the Property where it cannot use its standard transformer lif ting equipment and special lifting facilities are required to install or remove the transformer(s). Applicant shall, at its expense, (a) furnish, install, own and maintain permanent lifting facilities and be responsible for lifting the transformer(s) to and from the permanent position, or (b) provide (or pay for) portable lifting facilities acceptable to PG&E for installing or removing such transformer(s) in accordance with PG&E’s tariff rules.
5. Applicant covenants and agrees that the installation of PG&E’s transformers, switches, capacitators, and electric protective equipment is designed to meet the initial load and demand of electric service to supply the Applicant and the Property. In the event additional electric service capacity is needed to serve the Applicant and the Pro perty, at PG&E ’s determination, Applicant shall provide additional space in room(s) or vault(s) for PG&E’s equipment and comply with the requirements in this Agreement and PG&E’s tariff rules.
6. This document may be executed in multiple counterparts, each of which shal l be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors a nd assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Applicant:
CITY OF SAN MATEO,
a municipal corporation of California
PG&E:
PACIFIC GAS AND ELECTRIC
COMPANY,
a California corporation
By______________________________ __________________________________ Donna De Souza
Supervisor
By______________________________ Land Surveying and Engineering Support South Coast Distribution
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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 )
On __________________________, before me, ,
Here insert name and title of the officer
personally appeared
, 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 whi ch the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing p aragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
89 of 324
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 )
On __________________________, before me, ,
Here insert name and title of the officer
personally appeared
, 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 whi ch 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.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
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CITY OF SAN MATEO
2 8
1 6
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR File ID: 22-5718 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: February 07, 2022
SUBJECT:
Eucalyptus Tree Removals – Agreement
RECOMMENDATION:
Approve an agreement with Professional Tree Care Company for Crystal Springs Road eucalyptus tree removals in the amount of $178,500 and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
BACKGROUND:
Approximately 20 over-mature blue gum eucalyptus trees line the south side of Crystal Springs Road between Tulane Road and El Cerrito Avenue. This stand of trees has experienced several recent failures. The trees grow on an embankment with limited rooting volume. City staff has inspected these trees and determined that additional trees are likely to fail without warning and that removal of the entire stand is the most appropriate way to ensure public safety.
A request for bids was published on the CIty's website and announced in the Daily Journal. The following three companies submitted bids: Bay Area Tree Specialists for $105,294, Professional Tree Care Company for $178,500, and Kingsborough Atlas Tree Surgery, Inc for $452,665.
Municipal Code Chapter 13.60.040 AWARD PROCEDURES provides that "...the City Council may consider, in addition to the bid price received, the experience of the bidder for the particular service sought, the quality of work the bidder has done, the quality of the product or materials provided by the bidder, the ability of the bidder to complete the project in a timely manner, the safety compliance record of the bidder..."
In this instance, staff recommends awarding the agreement to other than the lowest bidder due to the very specialized and high-risk nature of the work, and staff's experience on similar projects with both Bay Area Tree Specialists and Professional Tree Care Company. Over the course of projects in the past three years, Professional Tree Care Company has demonstrated that they can meet the City's standards for preventing interruptions to utility service, avoiding damage to City property, and minimizing hazardous conditions to the public.
BUDGET IMPACT:
There are sufficient funds in the Parks and Recreation Department operating budget to fund this work.
ENVIRONMENTAL DETERMINATION:
In accordance with CEQA Guidelines Section 15269(c), the proposed tree removal is categorically exempt from CEQA because it is necessary to mitigate an emergency. The stand of trees to be removed is comprised of a row of very tall trees with poor structure (narrow crowns) growing in a raised embankment. The limited soil volume in the embankment is no longer sufficient to support the above ground portions of the trees. Selective removal of any individual tree/s would 91 of 324
CITY OF SAN MATEO
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1 6
further jeopardize the stability of the stand as remaining trees will be exposed to increased wind loads to which they are not adapted.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Agreement
STAFF CONTACT
Matthew Fried, Managing Arborist
[email protected]
(650) 522-7422
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AGREEMENT WITH THE PROFESSIONAL TREE CARE COMPANY
FOR CRYSTAL SPRINGS EUCALYPTUS REMOVALS 2022
This Agreement, made and entered into this 21st day of January, 2022, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and THE PROFESSIONAL TREE CARE COMPANY, a CORPORATION, ("CONTRACTOR"), whose address is 2828 8TH AVE BERKELEY CA 94701.
R E C I T A L S :
A. CITY desires certain TREE REMOVAL services hereinafter described.
B. CITY desires to engage CONTRACTOR to provide these TREE REMOVAL services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
1. The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.
2. The Contract Documents: The complete Contract consists of the following: this Agreement, the Notice Inviting Sealed Bids, the accepted Bid, and the bid package, including the General Provisions, General Work Specifications, and Detailed Work Specifications.
SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work.
SECTION 4 - TERM
The services to be performed under this Agreement shall be completed on or about March 28th, 2022
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee pursuant to rates stated in Exhibit B, attached and incorporated by reference.
SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.
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SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.
SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR.
SECTION 14 - RELIANCE UPON_SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. All tree pruning shall be under the supervision of an ISA Certified Arborist® or ISA Board Certified Master Arborist®. All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. CONTRACTOR shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.
The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY'S request if litigation is brought against CITY in connection with CONTRACTOR'S services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR'S wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR'S standard hourly rates at the time of actual testimony.
SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Timothy Heartquist
Tree Maintenance Specialist
City of San Mateo
2001 Pacific Blvd
San Mateo, CA 94403
To CONTRACTOR: The Professional Tree Care Company
Attn: Charlie Slesinger
2828 8th Ave
Berkeley, Ca, 94701
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.
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SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
CONTRACTOR
Sheila Canzian, Director of Parks and
Recreation
Charlie Slesinger, Bid Coordinator, The
Professional Tree Care Company
APPROVED AS TO FORM
Gabrielle Whelan, Assistant/City Attorney
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EXHIBIT A
GENERAL PROVISIONS
a) Alterations: The City reserves the right to increase by up to 25% the quantity of any item or portion of the work of same complexity as may be deemed necessary or advisable by the Managing Arborist or Tree Maintenance Specialist. The City also reserves the right to decrease the quantity of work based on available funds.
b) Control of the Work: The City of San Mateo Managing Arborist or Tree Maintenance Specialist shall decide any and all questions which may arise as to the quality or acceptability of work performed and as to the manner of performance and rate of progress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor.
c) Conformity with Specifications and Allowable Deviation: Deviations from these specifications, as may be required by unforeseen events or exigencies, will be mutually determined in all cases by the Managing Arborist or Tree Maintenance Specialist and the Contractor.
d) Temporary Suspension: The Managing Arborist or Tree Maintenance Specialist may suspend the work wholly or in part, for such a period as may be deemed necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work.
e) Coordination of Work: The Contractor shall be responsible for coordinating all tree care work activity with the Managing Arborist or Tree Maintenance Specialist. Contractor shall establish a uniform time schedule for performance of routine tree work, which shall be in conformance with general contract work hours or special tree care work requirements. Each morning before starting work the Contractor's Supervisor shall notify the Managing Arborist or Tree Maintenance Specialist whether pruning crews will be working on that day and their location.
f) Traffic and Access: The Contractor shall be responsible, during all phases of work, to provide for public safety and convenience. Operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, and buildings along line of work shall be maintained. When necessary, the Contractor is responsible for supplying and affixing all safety and traffic control signs and devices (i.e. safety cones). If needed, the Contractor shall be responsible to arrange with the public utilities for any power shutdowns or marking of utility lines.
g) Inspection: Each area of work will be inspected daily or as necessary. In the event the inspection report notes failure to satisfactorily maintain an area, the Contractor shall immediately rework the area as directed by the Managing Arborist or Tree Maintenance Specialist.
h) Correction of Unsatisfactory Work and Unauthorized Work: All unsatisfactory work shall be remedied in a manner acceptable to the Managing Arborist or Tree Maintenance Specialist. No compensation will be allowed for such correction.
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Any work done beyond the limits shown by the work specifications or established by the City or any extra work done without written authority, will be considered as unauthorized and will not be paid.
Upon failure on the part of the Contractor to comply forthwith with any order of the City made under the provisions of this article, the City shall have the authority to cause unsatisfactory work to be remedied and to deduct the costs thereof from any monies due or to become due the Contractor.
i) Suspension of Contract: If at any time, in the opinion of the Managing Arborist or Tree Maintenance Specialist, the Contractor has failed to supply adequate working force, adequate equipment, or has failed in any respect to prosecute work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon Contractor.
Should Contractor neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the City, within the time specified in such notice, the City in any case shall have the power to suspend the operation of the Contractor.
j) Registration of Contractors: Before submitting bids, Contractors shall be licensed in accordance with City of San Mateo and State of California Contractor Board requirements. The Contractor is also required to keep fully informed of all existing state and national laws and all municipal ordinances and regulations of the City of San Mateo which in any manner affect those engaged or employed in work and of all orders and decrees of bodies or tribunals with jurisdiction or authority.
k) Subcontractors: The use of subcontractors for performance of any portion of this contract is prohibited.
l) Permits and Licenses: The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work.
m) Progress Payments, Monthly Billing: Contractor shall submit in duplicate invoice for payment on a monthly basis to the following:
City of San Mateo
Parks Division
Attn: Managing Arborist/City Arborist
330 W. 20th Avenue
San Mateo, CA 94403
The invoice shall indicate the type of tree care work completed, and the quantity, species of trees, location and dates work was accomplished. Only inspected and approved work will be paid. Bills so submitted shall be paid by the Parks and Recreation Department.
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n) Completion of Work and Liquidated Damages: The Contractor shall complete all work called for under the contract in all parts and requirements by, March 28th, 2022 unless agreed to otherwise by the City. If the Contractor fails to complete all work contracted to be done and performed within the time frame set forth in this contract, he shall become liable to the City for liquidated damages in the sum of One Hundred Dollars ($100.00) for each and every day during which said work shall remain uncompleted beyond such time for completion or lawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by City from monies due Contractor hereunder or his assigns and successors at the time of completion, and said Contractor hereunder, or his assigns and successors at the time of completion shall be liable to City for any excess.
Examination of the Site
The bidder shall carefully examine the City’s tree population and the bid and contract forms therefore.
The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantity of materials to be furnished and as to the requirements of the bid, plans, specifications and contracts. All bidders will submit their bids with this knowledge.
The bidder represents that he or she is fully qualified to perform this examination and review.
If the bidder determines that any portion of the site or the plans and specifications present any interpretation problems of any kind, the bidder shall note such a determination upon this form. Failure to note any such determination shall be conclusive evidence of acceptance by the bidder of the sufficiency of the plans and specifications.
San Mateo Business License Guidelines
A business license shall be obtained as required by the San Mateo Municipal Code, Chapter 5, Section
5.06.010, the amount of which is based on the gross receipts received from doing business in the City of San Mateo.
Prevailing Wage Compliance Requirements
The minimum compensation to be paid for labor upon all work performed under this contract shall be the general prevailing wage scale established by the Director of Industrial Relations of the State of California in force the day this bid opening was announced. It is understood that it is the responsibility of the bidder to determine the correct scale. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All bids are to be accompanied by proof of registration with the Department of Industrial Relations pursuant to Labor Code 1725.5.
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GENERAL WORK SPECIFICATIONS
a) Schedule of Operations. Work shall be conducted on Monday through Friday with no work on any holiday recognized by the City. It is the City’s intent that residents with questions or concerns will be able to contact city staff when contract tree work is in progress. Daily tree pruning operations shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 5:00 P.M. See attachments for site specific details.
Each morning before starting work the Contractor's Supervisor shall notify the Managing Arborist or Tree Maintenance Specialist whether the pruning crew will be working on that day and their location.
b) Notification of Public. Contractor shall notify all residents or associations fronting street right-of-way one (1) week prior to any scheduled tree care if tree pruning activities will interfere will normal activities or be an inconvenience to the resident. Residents will be given a realistic time frame when the work will occur. Contractor shall provide and post “No Parking” signs twenty-four (24) hours in advance of any work.
c) Objection After Notification. If objection to pruning occurs while work is in progress by the property owner or resident, Contractor shall immediately stop work on tree or trees in question and immediately notify the Managing Arborist/City Arborist. Work shall not resume on that particular location until the Managing Arborist/City Arborist settles the complaint. Because citizens occasionally complain, Contractor shall assume and plan for this and report it to the Managing Arborist/City Arborist and be prepared to move on to the next scheduled tree work.
d) Public Relations. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
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Detailed Work Specifications
The Contractor shall furnish all labor, equipment, materials, traffic controls, tools and supervision to perform tree maintenance as described herein including, but not limited to, the following:
(a) Visually inspect each tree prior to climbing or pruning (b) Notify City staff of any imminent hazards or extreme risk tree situations. (c) Site clean-up and removal of all debris produced during pruning/removal operations.
(d) Remove approximately 20 Eucalyptus trees and one dead Pine along Crystal Springs Road in San Mateo between Tulane Ct and 791 Crystal Springs Road. • Remove and leave stumps as close to grade as possible.
Tool Sanitation - On all trees, including palms, known or suspected to be diseased, pruning tools shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.
Weekly Work Summary. At the end of each work week, the Contractor shall email the Tree Maintenance Specialist, a detailed list of all work completed that week, including:
1. number and locations of trees worked
2. any issues encountered or unresolved
3. major tree defects observed
4. hazardous conditions observed
5. work plan for the next week
Safety Specifications – The most recent version of the American National Standard Safety Publications ANSI Z133.1, incorporated herein by reference, shall be made part of and included in specifications as the safety requirements. In addition to meeting qualified tree worker's qualifications, all employees and equipment working within the ten-foot proximity of energized conductors in excess of 70 volts shall be qualified line-clearance tree trimmers or qualified line-clearance tree trimmer trainees using approved tools and equipment.
Contractor employees and equipment shall be trained and certified for working in proximity of energized conductors. The City may require the contractor to provide the City proof that its employees have participated in an appropriate training program, and certification that its equipment and tools have passed Dielectric Tests, prior to commencing work.
All incidental power and hand tools shall have Dielectric Tests where required.
All equipment and tools shall meet and be kept maintained as required in the most recent version of the American National Standard Safety Publications ANSI Z133.1.
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CERTIFICATE OF NONDISCRIMINATION
(To be submitted with Bid Form)
CRYSTAL SPRING EUCALYPTUS REMOVALS 2022
On behalf of the bidder making this bid, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, sex, disability, or national origin; that all federal, state, local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively.
______________________________________________________
BIDDER
By: __________________________________________________
______________________________________________________
(Name of person making certificate)
______________________________________________________
(Title of person making certificate)
______________________________________________________
Date
- End of EXHIBIT A--
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EXHIBIT B
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EXHIBIT C: INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products -completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be nece ssary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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CITY OF SAN MATEO
2 8
1 7
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR File ID: 22-5719 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: February 07, 2022
SUBJECT:
Sycamore Pruning Project – Agreement
RECOMMENDATION:
Approve an agreement with the Professional Tree Care Company for sycamore tree pruning in the amount of $139,755 and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
BACKGROUND:
The Parks and Recreation Department has identified 363 large sycamore street trees in need of pruning to reduce the risk of branch failure onto roads and sidewalks. A Request for Bids was posted on the City website and announced in the Daily Journal. Five (5) companies submitted the following bids: Tree Pro Professional Tree Care ($53,724); The Professional Tree Care Co. ($139,755); West Coast Arborists, Inc. ($172,425); Bay Area Tree Specialists ($239,580); and Kingsborough Atlas Tree Surgery, Inc. ($680,625). Tree Pro Professional Tree Care has withdrawn its bid, leaving Professional Tree Care Company as the lowest bidder.
Over the past three years, Professional Tree Care Company has proven they are capable of meeting the City's expectations for quality of work and safe work practices. Staff is recommending they be awarded the sycamore pruning project.
BUDGET IMPACT:
There are sufficient funds in the Parks and Recreation Department operating budget to fund this work.
ENVIRONMENTAL DETERMINATION:
In accordance with CEQA Guidelines Section 15301, this tree pruning is categorically exempt as it consists of maintenance of existing City trees.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Agreement
STAFF CONTACT
Matthew Fried, Managing Arborist
[email protected]
(650) 522-7422
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AGREEMENT WITH THE PROFESSIONAL TREE CARE COMPANY
FOR SYCAMORE TREE PRUNING WINTER 2022
This Agreement, made and entered into this 19th day of January, 2022 by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and THE PROFESSIONAL TREE CARE COMPANY, a CORPORATION, ("CONTRACTOR"), whose address is 2828 8TH AVE BERKELEY CA 94701.
R E C I T A L S :
A. CITY desires certain TREE PRUNING services hereinafter described.
B. CITY desires to engage CONTRACTOR to provide these TREE PRUNING services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
1. The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.
2. The Contract Documents: The complete Contract consists of the following: this Agreement, the Notice Inviting Sealed Bids, the accepted Bid, and the bid package, including the General Provisions, General Work Specifications, and Detailed Work Specifications.
SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work.
SECTION 4 - TERM
The services to be performed under this Agreement shall be completed on or about April 5, 2022.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee pursuant to rates stated in Exhibit B, attached and incorporated by reference.
SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.
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SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.
SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR.
SECTION 14 - RELIANCE UPON_SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. All tree pruning shall be under the supervision of an ISA Certified Arborist® or ISA Board Certified Master Arborist®. All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. CONTRACTOR shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.
The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY'S request if litigation is brought against CITY in connection with CONTRACTOR'S services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR'S wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR'S standard hourly rates at the time of actual testimony.
SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Timothy Heartquist
Tree Maintenance Specialist
City of San Mateo
2001 Pacific Blvd
San Mateo, CA 94403
To CONTRACTOR: The Professional Tree Care Company
Attn: Charlie Slesinger
2828 8th ave
Berkeley, Ca, 94701
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.
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SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
CONTRACTOR
Sheila Canzian, Director of Parks and
Recreation
Charlie Slesinger, Bid Coordinator, The
Professional Tree Care Company
APPROVED AS TO FORM
Gabrielle Whelan, Assistant/City Attorney
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EXHIBIT A
CITY OF SAN MATEO, CALIFORNIA
SYCAMORE TREE PRUNING WINTER 2022
November 17th, 2021
Parks and Recreation Department
Landscape Resources Division
2001 Pacific Blvd.
San Mateo, CA 94403
Telephone: (650) 522-7422 FAX: (650) 522-7421
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GENERAL INFORMATION
The City of San Mateo is soliciting Proposals from qualified bidders for tree pruning services. All work is to be performed and satisfactorily completed by April 5th, 2022. The primary purpose of the desired maintenance contract is to complete the pruning of the designated trees that have been identified throughout the City of San Mateo.
It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm. The City reserves the right to further negotiate the terms and conditions of the contract. The City shall preserve the right to reject any bid for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This project will be awarded based on Bidders’ demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the lowest bidder.
The selected firm will work closely with the Managing Arborist and/or other City staff to ensure the most appropriate care and maintenance of the City’s urban forest with sensitivity to the City of San Mateo, its residents and visitors.
The Contractor shall perform tree pruning in accordance with the statement of work described herein and all applicable American National Standards Institute (ANSI) and International Society of Arboriculture (ISA) best management practices (BMP).
All work must be completed by the end of the contract period, April 5th, 2022
Selection Process / Criteria
The City will evaluate and rank Bids based on various selection criteria. Any Bid may be rejected if it is conditional, incomplete or contains irregularities. Minor or immaterial irregularities in a Bid may be waived. Waiver of an irregularity shall in no way modify the Request for Bids nor affect recommendation for award of the Contract. Information contained in the Bid should provide information for the City to evaluate the company on the following criteria, listed in relative order of importance, including:
• Ability of the Contractor to provide innovative approaches and techniques in the delivery of services and partnering with the City to reach high quality outcomes. • Demonstration of exceptional ability to provide a high level of quality service standards under similar conditions to institutions, private or public of similar size and area requirements. • Quality and performance assessments of work quality and working relationships with current and recent clients that indicate high levels of satisfaction and effectiveness. • Proven competencies in the effective and efficient use of natural resources, and implementation of best management practices.
• Policies that provide highly-trained, competent staff at every level of the organization. • Demonstration of a high level of stability and long term high quality performance of the Contractor.
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• Well organized communication systems and electronic reporting capabilities that demonstrate an ability to complete tasks efficiently and effectively and do not require constant supervision by the City. Demonstrated ability to electronically track inventory, pruning, asset inventory, and removals and replacements.
In evaluation of Bids, the City will adhere to the current City of San Mateo Municipal Code Section
3.60.040 “Award Procedures” for the award of contracts. Each bid will be evaluated based on firm qualifications and the required submittals.
Required Qualifications
Award will be made to the firm who best meets the City’s requirements and who offers the most advantageous combination of low price and highest qualifications for all the criteria described in this document. All firms submitting bids must hold a valid State of California C-27 or a C-61/D49 Contractor’s License. The license must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board of California Department of Consumer Affairs.
Contractor shall have OSHA certification of aerial equipment to be used throughout the term of this project. Both of these provisions shall be provided with the submission of bids.
A cover letter shall be submitted describing all persons that will be performing the work outlined in the contract. Personnel must be qualified and trained in the tree maintenance industry. This will include staffing a manager who shall be an ISA Certified Arborist and fluent in the English language. At all times during contracted tree maintenance activities, the firm shall have work crews on site that are represented by an English-speaking supervisor who can receive and carry out instructions given by proper authorities.
The Contractor shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the contract, which may be delivered to said party or his representatives on the work.
Contractor should have had at least two (2) similar and separate California municipal tree maintenance contracts which have been successfully completed within the last four (4) years. Each past project shall be comparable to the City’s desired Contract in size and scope (descriptions of these projects and contact persons must be provided with bid submissions). These projects must also include work in tree inventories.
Contractor should have a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful Contractor shall be required to comply with this Quality Control Plan throughout the term of the contract. Contractors shall have a current Safety Manual that meets SB 198 requirements for injury and illness prevention.
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GENERAL PROVISIONS
a) Alterations: The City reserves the right to increase by up to 25% the quantity of any item or portion of the work of same complexity as may be deemed necessary or advisable by the Managing Arborist or Tree Maintenance Specialist. The City also reserves the right to decrease the quantity of work based on available funds.
b) Control of the Work: The City of San Mateo Managing Arborist or Tree Maintenance Specialist shall decide any and all questions which may arise as to the quality or acceptability of work performed and as to the manner of performance and rate of progress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor.
c) Conformity with Specifications and Allowable Deviation: Deviations from these specifications, as may be required by unforeseen events or exigencies, will be mutually determined in all cases by the Managing Arborist or Tree Maintenance Specialist and the Contractor.
d) Temporary Suspension: The Managing Arborist or Tree Maintenance Specialist may suspend the work wholly or in part, for such a period as may be deemed necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work.
e) Coordination of Work: The Contractor shall be responsible for coordinating all tree care work activity with the Managing Arborist or Tree Maintenance Specialist. Contractor shall establish a uniform time schedule for performance of routine tree work, which shall be in conformance with general contract work hours or special tree care work requirements. Each morning before starting work the Contractor's Supervisor shall notify the Managing Arborist or Tree Maintenance Specialist whether pruning crews will be working on that day and their location.
f) Traffic and Access: The Contractor shall be responsible, during all phases of work, to provide for public safety and convenience. Operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses, and buildings along line of work shall be maintained. When necessary, the Contractor is responsible for supplying and affixing all safety and traffic control signs and devices (i.e. safety cones). If needed, the Contractor shall be responsible to arrange with the public utilities for any power shutdowns or marking of utility lines.
g) Inspection: Each area of work will be inspected daily or as necessary. In the event the inspection report notes failure to satisfactorily maintain an area, the Contractor shall immediately rework the area as directed by the Managing Arborist or Tree Maintenance Specialist.
h) Correction of Unsatisfactory Work and Unauthorized Work: All unsatisfactory work shall be remedied in a manner acceptable to the Managing Arborist or Tree Maintenance Specialist. No compensation will be allowed for such correction.
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Any work done beyond the limits shown by the work specifications or established by the City or any extra work done without written authority, will be considered as unauthorized and will not be paid.
Upon failure on the part of the Contractor to comply forthwith with any order of the City made under the provisions of this article, the City shall have the authority to cause unsatisfactory work to be remedied and to deduct the costs thereof from any monies due or to become due the Contractor.
i) Suspension of Contract: If at any time, in the opinion of the Managing Arborist or Tree Maintenance Specialist, the Contractor has failed to supply adequate working force, adequate equipment, or has failed in any respect to prosecute work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon Contractor.
Should Contractor neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the City, within the time specified in such notice, the City in any case shall have the power to suspend the operation of the Contractor.
j) Registration of Contractors: Before submitting bids, Contractors shall be licensed in accordance with City of San Mateo and State of California Contractor Board requirements. The Contractor is also required to keep fully informed of all existing state and national laws and all municipal ordinances and regulations of the City of San Mateo which in any manner affect those engaged or employed in work and of all orders and decrees of bodies or tribunals with jurisdiction or authority.
k) Subcontractors: The use of subcontractors for performance of any portion of this contract is prohibited.
l) Permits and Licenses: The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work.
m) Progress Payments, Monthly Billing: Contractor shall submit in duplicate invoice for payment on a monthly basis to the following:
City of San Mateo
Parks Division
Attn: Managing Arborist/City Arborist
330 W. 20th Avenue
San Mateo, CA 94403
The invoice shall indicate the type of tree care work completed, and the quantity, species of trees, location and dates work was accomplished. Only inspected and approved work will be paid. Bills so submitted shall be paid by the Parks and Recreation Department.
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n) Completion of Work and Liquidated Damages: The Contractor shall complete all work called for under the contract in all parts and requirements by, April 5th, 2022 unless agreed to otherwise by the City.
If the Contractor fails to complete all work contracted to be done and performed within the time frame set forth in this contract, he shall become liable to the City for liquidated damages in the sum of One Hundred Dollars ($100.00) for each and every day during which said work shall remain uncompleted beyond such time for completion or lawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by City from monies due Contractor hereunder or his assigns and successors at the time of completion, and said Contractor hereunder, or his assigns and successors at the time of completion shall be liable to City for any excess.
Examination of the Site
The bidder shall carefully examine the City’s tree population and the bid and contract forms therefore.
The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantity of materials to be furnished and as to the requirements of the bid, plans, specifications and contracts. All bidders will submit their bids with this knowledge.
The bidder represents that he or she is fully qualified to perform this examination and review.
If the bidder determines that any portion of the site or the plans and specifications present any interpretation problems of any kind, the bidder shall note such a determination upon this form. Failure to note any such determination shall be conclusive evidence of acceptance by the bidder of the sufficiency of the plans and specifications.
San Mateo Business License Guidelines
A business license shall be obtained as required by the San Mateo Municipal Code, Chapter 5, Section
5.06.010, the amount of which is based on the gross receipts received from doing business in the City of San Mateo.
Prevailing Wage Compliance Requirements
The minimum compensation to be paid for labor upon all work performed under this contract shall be the general prevailing wage scale established by the Director of Industrial Relations of the State of California in force the day this bid opening was announced. It is understood that it is the responsibility of the bidder to determine the correct scale. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All bids are to be accompanied by proof of registration with the Department of Industrial Relations pursuant to Labor Code 1725.5.
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GENERAL WORK SPECIFICATIONS
a) Schedule of Operations. Work shall be conducted on Monday through Friday with no work on any holiday recognized by the City. It is the City’s intent that residents with questions or concerns will be able to contact city staff when contract tree work is in progress. Daily tree pruning operations shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 5:00 P.M. See attachments for site specific details.
Each morning before starting work the Contractor's Supervisor shall notify the Managing Arborist or Tree Maintenance Specialist whether the pruning crew will be working on that day and their location.
b) Notification of Public. Contractor shall notify all residents or associations fronting street right-of-way one (1) week prior to any scheduled tree care if tree pruning activities will interfere will normal activities or be an inconvenience to the resident. Residents will be given a realistic time frame when the work will occur. Contractor shall provide and post “No Parking” signs twenty-four (24) hours in advance of any work.
c) Objection After Notification. If objection to pruning occurs while work is in progress by the property owner or resident, Contractor shall immediately stop work on tree or trees in question and immediately notify the Managing Arborist/City Arborist. Work shall not resume on that particular location until the Managing Arborist/City Arborist settles the complaint. Because citizens occasionally complain, Contractor shall assume and plan for this and report it to the Managing Arborist/City Arborist and be prepared to move on to the next scheduled tree work.
d) Public Relations. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
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Detailed Work Specifications
The Contractor shall furnish all labor, equipment, materials, tools and supervision to perform tree maintenance as described herein including, but not limited to, the following:
(a) Visually inspect each tree prior to climbing or pruning (b) Notify City staff of any imminent hazards or extreme risk tree situations that cannot be mitigated by pruning
(c) Prune street trees in accordance with ANSI A300 Tree Management Standards - Part 1 Pruning, ISA Best Management Practices, and all specifications in the “Pruning Specifications” section of this document
(d) Site clean-up and removal of all debris produced during pruning/removal operations.
(e) Sycamore trees, and a small number of other species, listed for pruning include 363 trees in the Twenty Fifth Ave and North Shoreview Neighborhoods, the following specifications shall be completed:
• Prune to reduce canopy 5-8ft in order to reduce end-weight and to minimize risk of branch failure. Pruning will occur in the outer 25% of the canopy. • Pruning of live branches should be between two and four inches • No more than one quarter of the over canopy shall be removed • Clean dead branches one inch in diameter and greater
• Mitigate any hazards not visible from the ground
• Raise low limbs to 10 ft over sidewalks and 15ft over road. • Clear surrounding structures by 3-5 ft.
Pruning Objectives and Specifications
The objective for pruning street trees is to achieve a structurally sound; low risk condition including sound structure, live branches, removal of chronic disease, and clearance for access and traffic control visibility; uniformly shaped tree crown; while retaining as large a foliar crown size and leaf area as possible.
Trees shall be pruned to achieve the objective based on the anticipated mature tree size, site conditions, available space, and current tree conditions.
Branches to be removed shall be selected to promote or retain a primary leader, acceptable branch aspect ratios, and consideration of the branch origination point as related to the portion of the crown the leaves occupy. The type of pruning cut to be performed shall be considered:
• Branch removal cut – removal of a whole branch back to the parent branch or trunk leaving an intact branch collar;
• Reduction cut – a reduction of the length of a branch back to a lateral branch of equal or smaller diameter and large enough to assume the apical dominance; DocuSign Envelope ID: C270DEBB-66F2-4A0D-99A8-3483B97C96EA 122 of 324
• Heading cut – cutting a small twig back to a bud, cutting a branch back to a node without a lateral branch, or cutting a branch back to a lateral branch too small in diameter to assume apical dominance (less than 1/3 the diameter of the parent branch).
Whenever reasonable, branch removal cuts and reduction cuts shall be preferred over heading cuts.
Unless directed by the City to avert a high-risk situation, trees shall not receive a majority of heading cuts.
Defects that will remain after pruning operations shall be reported to the Managing Arborist or Tree Maintenance Specialist. Any structural weakness, decayed trunk or branches, split crotches or branches, shall be reported as soon as they are observed. If the detection of severe decay or split trunk or branches may change the assignment of pruning the tree, the pruning shall be stopped until the Managing Arborist/Tree Maintenance Specialist can review the findings and make a decision about the fate of the tree.
Tool Sanitation - On all trees, including palms, known or suspected to be diseased, pruning tools shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.
Weekly Work Summary. At the end of each work week, the Contractor shall email the Tree Maintenance Specialist, a detailed list of all work completed that week, including:
1. number and locations of trees worked
2. any issues encountered or unresolved
3. major tree defects observed
4. hazardous conditions observed
5. work plan for the next week
Safety Specifications – The most recent version of the American National Standard Safety Publications ANSI Z133.1, incorporated herein by reference, shall be made part of and included in specifications as the safety requirements. In addition to meeting qualified tree worker's qualifications, all employees and equipment working within the ten-foot proximity of energized conductors in excess of 70 volts shall be qualified line-clearance tree trimmers or qualified line-clearance tree trimmer trainees using approved tools and equipment.
Contractor employees and equipment shall be trained and certified for working in proximity of energized conductors. The City may require the contractor to provide the City proof that its employees have participated in an appropriate training program, and certification that its equipment and tools have passed Dielectric Tests, prior to commencing work.
All incidental power and hand tools shall have Dielectric Tests where required.
All equipment and tools shall meet and be kept maintained as required in the most recent version of the American National Standard Safety Publications ANSI Z133.1.
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CERTIFICATE OF NONDISCRIMINATION
(To be submitted with Bid Form)
TREE PRUNING SERVICES WINTER 2022
On behalf of the bidder making this bid, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, sex, disability, or national origin; that all federal, state, local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively.
______________________________________________________
BIDDER
By: __________________________________________________
______________________________________________________
(Name of person making certificate)
______________________________________________________
(Title of person making certificate)
______________________________________________________
Date
- End of EXHIBIT A--
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EXHIBIT B
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EXHIBIT C: INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products -completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be nece ssary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR File ID: 22-5747 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: February 07, 2022
SUBJECT:
South Bay-Peninsula Preservation Lab – Appointment
RECOMMENDATION:
Appoint Council Member Lee to the South Bay-Peninsula Preservation Lab as a member representing the City of San Mateo.
BACKGROUND:
At the January 18, 2022 Council meeting, Council Member Lee requested that Council consider appointing her as the City’s representative to the South Bay-Peninsula Preservation Lab (Lab). The Lab is funded by the Silicon Valley Community Foundation (Foundation) and originally started out as a project of the Foundation. Due to limited capacity, however, the Foundation asked the Council of Community Housing Organizations to staff the Lab. The Lab is a collaborative where local organizations, cities, other governmental entities, and technical experts work to advance affordable housing preservation.
Other cities involved in the Lab include San Jose, Mountain View, Palo Alto, and East Palo Alto. The County of San Mateo is also involved through its Housing Department and its Health Department.
BUDGET IMPACT:
There is no budgetary impact related to this Council action.
ENVIRONMENTAL DETERMINATION:
This administrative report is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
None
STAFF CONTACT
Drew Corbett, City Manager
[email protected]
(650) 522-7002
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: OLD BUSINESS File ID: 22-5776 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: February 07, 2022
SUBJECT:
COVID-19 Update
RECOMMENDATION:
Receive an update on operational impacts and other City efforts related to COVID-19, confirm rules and regulations issued by the City Manager acting as the Director of Emergency Services in response to declared emergency, and confirm the need for a continued local declaration of emergency.
BACKGROUND:
On March 4, 2020, the Governor proclaimed a state of emergency in response to the outbreak of respiratory illness due to a novel coronavirus (COVID-19). As a consequence of this proclamation the City Manager, acting as the City’s Director of Emergency Services, was authorized to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency.
In accordance with Government Code Section 8558(c), the City Council declared a local health emergency on March 16, 2020. Per Government Code Section 8630(c), the City Council is required to review the need for continuing the local emergency at least once every 60 days until the City Council terminates the declaration of local emergency. In addition to positioning the City for potential mutual aid and cost recovery opportunities, the emergency proclamation also provides the City Manager broader authority to be able to expeditiously address issues related to the emergency. With that said, actions taken by the City Manager outside of the general authority of the duties provided for in the City Charter are subject to confirmation by Council as soon as practicable.
State and local emergency proclamations are still in effect as we continue to be impacted by the pandemic. While the Omicron surge does appear to be subsiding, City operations are continuing to adjust to local health conditions. As such, it is recommended that Council approve another 60-day extension of the local emergency proclamation, which would keep it in effect in March and April. Should conditions improve such that the emergency proclamation is no longer necessary prior to the end of April, staff will return to Council to terminate the emergency proclamation early.
BUDGET IMPACT:
There is no budget impact for receiving this informational report.
ENVIRONMENTAL DETERMINATION:
This informational report is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
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ATTACHMENTS
None
STAFF CONTACT
Drew Corbett, City Manager
[email protected]
(650) 522-7002
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: NEW BUSINESS File ID: 22-5690 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: February 7, 2022
SUBJECT:
4 West Santa Inez Avenue Condominiums – Reconsideration of Project Denial RECOMMENDATION:
Adopt a Resolution to vacate the February 5, 2018 City Council action denying the proposed condominium project located at 4 West Santa Inez Avenue, and approve a:
1. Site Plan and Architectural Review for a new 15,322 square-foot, four-story 10-unit residential condominium building with an underground parking garage with an automated parking lift system;
2. Site Development Planning Application for the removal of 22 trees over six-inches in diameter;
3. Vesting Tentative Map to merge two existing parcels into one 10,763 square-foot parcel and create ten (10) residential condominium units with associated common space per the listed Findings and Conditions of Approval; and
4. Determination that the project qualifies for a Categorical Exemption from further environmental review under the California Environmental Quality Act (CEQA) Categorical Exemption, CEQA Class 32 Section 15332, “In-Fill Development Projects” based on the Findings and Conditions of Approval.
BACKGROUND:
History and Legal Background
This project was originally submitted in 2015 and includes a Planning Application (PA-2015-104) for a 10-unit multi-family condominium building at 4 W. Santa Inez Avenue and 1 Engle Road. At the August 8, 2017, Planning Commission meeting, staff recommended approval of the project based on positive findings for the Site Plan and Architectural Review (SPAR) and other required entitlements, which are detailed further in this report.
The item was continued to the September 26, 2017, Planning Commission meeting in which the Commission voted to deny the project based on concerns regarding the following:
Mass and bulk of the proposed building
Not in character or harmonious with the surrounding neighborhood Out of scale with the immediately adjacent single-family residences The item was then continued to the October 10, 2017, Planning Commission meeting to adopt findings to deny the project.
Following the denial, the applicant appealed the Planning Commission’s decision to the City Council. On February 5, 2018, the City Council voted to deny the appeal and uphold the Planning Commission’s decision to deny the application.
City Council Reconsideration
Following the decision by the City Council, the applicant filed a petition for writ of administrative mandamus to overturn the City’s decision. The applicant prevailed at the Court of Appeal. In a published decision, the Court of Appeal directed the Superior Court to issue a writ requiring the City to reconsider its decision. On December 16, 2021, the Superior Court 131 of 324
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of California issued a writ stating that within 60-days, the City must vacate the City Council’s 2018 decision to uphold the Planning Commission’s denial of the project and reconsider the challenge to the decision of the Planning Commission.
February 14, 2022, marks the end of this 60-day deadline to vacate the decision and reconsider the application.
The project under consideration at this time remains substantially unchanged from the project that was considered by the City Council in 2018. As the project includes a Vesting Tentative Map, the project is vested to City ordinances, policies, and standards that were in effect when the application was deemed complete in 2017. Reports and studies that were provided in 2017 are attached with this report for informational purposes.
Project Background
Site and Project Description
The project site consists of two parcels developed with non-historic one-story single-family residences (see the historical evaluation in Attachment 2) and is located adjacent to N. El Camino Real to the east, two single-family properties to the west, W. Santa Inez Avenue to the south, and Engle Road to the north.
The applicant has proposed the demolition of the two existing single-family residences and the removal of twenty-two (22) trees to construct a new four-story, 10-unit, condominium building. The proposal includes 15,322 square-feet of total floor area; a building height of 46.75-feet; and a subterranean parking garage with a mechanical puzzle lift parking system, a bike room, electrical rooms and a recycling and trash room. Sidewalk improvements along El Camino Real, Engle Road, and W. Santa Inez that comply with the City’s Pedestrian Master Plan are proposed. Project Plans are included in Attachment 3.
Code and Policy Conformance
General Plan and Zoning Code
The project site has a General Plan Land Use designation of High-Density Multi-family. A list of applicable General Plan policies and the project’s conformance to these policies is included in Attachment 1.
The project site is zoned R4 (Multi-family High Density). The project complies with all objective floor area ratio (FAR), setback, and building height standards, as well as the number of required parking spaces, as illustrated in the factual data sheet included in Attachment 4. The project exceeds required off-street vehicle parking by two (2) spaces and long-term bicycle parking by five (5) spaces.
Off-Street Parking
The project provides twenty-three (23) off-street parking spaces in a proposed underground parking garage accessible from W. Santa Inez Avenue. The garage includes four (4) standard resident parking stalls and a 17-stall puzzle lift mechanical parking system within a gated area of the garage. Two (2) stalls, including an accessible vehicle stall, are located outside of the gated area. The vendor for the originally proposed puzzle lift system by CityLift has gone out of business and the applicant is currently selecting a new vendor.
The application includes a Vesting Tentative Map (VTM). The VTM confers a vested right to conform with the City’s ordinances, policies, and standards that were in effect once the map application was deemed complete, as opposed to the standards currently in effect. However, the applicant can voluntarily elect to comply with current standards and policies.
Staff has added a condition of approval requiring any proposed mechanical parking system conform with the City’s “Standard Drawings and Specifications” for off-street parking in effect in 2017 or the City’s newly adopted “Standard Drawings and Specification” that include standards for automated and mechanical parking systems with greater flexibility for vehicle bay dimensions and minimum clearance height.
Site Plan and Architectural Review (Municipal Code Section 27.08.030) The project requires a Site Plan and Architectural Review (SPAR) for the proposed site and building improvements. As part of this review, Larry Cannon of Cannon Design Group, the City’s third-party design review consultant, reviewed the project for consistency with the City’s Multi-family Design Guidelines and General Plan Design Element. Pursuant to the Court of Appeal decision, the City is limited to imposing only objective design standards. Because the Court of Appeal ruled that 132 of 324
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the upper story stepback requirement in the City’s Multi-family Design Guidelines was not an objective design standard, it cannot be applied.
The proposed architectural style blends both traditional and craftsman elements with vertical board and batten siding, stucco, and sloping composition shingle roof. All elevations are articulated with details such as balconies, wall plane variations, and a top floor stepback contributing to the articulation of the structure. The top/fourth floor is built within the roof of the structure to minimize mass and bulk while variations in roof forms create a transition from the surrounding multi-family structures to the south and east and single-family residential structures to the north and west. Balconies located on the north and south facades of the structure (away from the adjacent single- family residences) along with landscaping provide a buffer from the adjacent single-family residences minimize privacy impacts.
During staff review of the project in 2017, Mr. Cannon made recommendations to refine the building design. Though the applicant made some changes in response to Mr. Cannon’s review, the applicant has declined to implement the following recommended design modifications:
Elimination of the trellises on the top floor balconies Changing the column design to provide a more horizontal emphasis Differentiating the column and balcony color
Because those design recommendations are not “objective standards,” the state Housing Accountability Act precludes the City from mandating those design changes. For informational purposes, photo renderings of the proposed project are included in Attachment 5 and Mr. Cannon’s design review letter, along with final design recommendations, is included in Attachment 6.
Site Development Planning Application (Municipal Code Section 23.40) A Site Development Planning Application (SDPA) is required for the proposed removal of twenty-two (22) trees with a diameter of six-inches or larger to accommodate the proposed development. The applicant has proposed to plant 16 new 24-inch box trees and 12 36-inch box trees on the property, including Crepe Myrtle, Gingko Biloba, Red Norway Maple, and Vine Maple. An additional 12 36-inch box street trees (four along each street frontage) will be placed along Engle Road, El Camino Real, and W. Santa Inez. The remainder of the required planting will be satisfied by paying the in-lieu fee, as required per the conditions of approval.
Parcel Merger and Vesting Tentative Map (VTM) (Municipal Code Chapter 26) The proposed parcel merger to create one 10,763 square-foot parcel and the Vesting Tentative Map are in conformance with Chapter 26 (Subdivisions) of the San Mateo Municipal Code and the policies, ordinances, and standards in effect when the application was deemed complete in 2017.
Housing Accountability Act
Government Code Section 65589.5 outlines application review limitations for projects subject to the Housing Accountability Act (HAA). Since this development project consists of residential units only, it is subject to the HAA, which limits a local agency’s ability to deny, reduce the density of, or render housing development projects infeasible if objective standards are met. The upper story stepback requirement from the City’s Multi-family Design Guidelines is not an objective standard. Additionally, the local agency may only deny or reduce the density if certain findings pertaining to adverse impacts to codified, objective public health or safety standards are made.
PUBLIC COMMENTS:
Public comments received are included in Attachment 14. No new public comments were submitted to City Staff as of the time that this report was published. Public comments received after publishing of this report will be forwarded to the City Council for review and consideration at the Public Hearing.
BUDGET IMPACT:
The proposed project is a private development that would not impact City funding. 133 of 324
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ENVIRONMENTAL DETERMINATION:
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant Class 32, Section 15332, as an “In-Fill Development Project,” because the site is located within an urban setting on a site less than five-acres in size, contains no value as habitat for endangered, rare or threatened species; would continue to be served by all utilities and public services and is consistent with all applicable General Plan Policies and Zoning Code regulations. Furthermore, as conditioned, the project would not result in significant impacts related to traffic,1 noise, and air or water quality.
NOTICE PROVIDED
In accordance with Government Code section 65090, notice of this public hearing was published in the Examiner newspaper at least ten days before this City Council meeting. In accordance with Government Code Section 65091 and the City’s Municipal Code noticing requirements, this public hearing was noticed to the following parties more than ten days in advance of this City Council meeting:
Property owners, residential tenants and business tenants within 1,000 feet of the project site; The City’s “900 List”, which contains nearly 100 Homeowner Associations, Neighborhood Associations, local utilities, media, and other organizations interested in citywide planning projects; The City’s Planning “Notify Me” email list; and,
The interested parties list, which includes interested individuals who contacted the City and requested to be added to the project notification list.
ATTACHMENTS
Att 1 – Proposed Resolution and Conditions of Approval
Att 2 – Historic Evaluation
Att 3 – Project Plans
Att 4 – Factual Data Sheet
Att 5 – Larry Cannon Design Review Memo
Att 6 – Photo Renderings
Att 7 – Previous Meeting Minutes
Att 8 – Arborist Report
Att 9 – Hexagon Traffic Impact Analysis
Att 10 – Hexagon Parking Analysis
Att 11 – Watry Parking Memo
Att 12 – Climate Action Plan (CAP) Consistency Checklist Att 13 – Noise Study
Att 14 – Public Comments
STAFF CONTACT
Laura Richstone, Associate Planner
[email protected]
(650) 522-7205
1 With regard to traffic, staff conducted a “level of service” analysis and has also reviewed the project against the City’s Transportation Impact Analysis Guidelines, which were adopted in response to SB 743 which requires that traffic impacts be analyzed based on “vehicle miles traveled.” Per the Guidelines, the project is a “small project” generating less than 110 daily trips (54) and is therefore presumed to cause a less than significant traffic impact and is exempt from further “vehicle miles traveled” analysis.
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RESOLUTION NO. ____ (2022)
RESOLUTION TO VACATE PROJECT DENIAL AND APPROVE A SITE PLAN AND ARCHITECTURAL REVIEW, SITE DEVELOPMENT PLANNING APPLICATION, AND VESTING TENTATIVE MAP TO CONSTRUCT A 10 UNIT
RESIDENTIAL CONDOMINIUM BUILDING AND ASSOCIATED PARKING, LANDSCAPING, SIDEWALK IMPROVEMENTS, AND COMMON AREAS AT 4 WEST SANTA INEZ AVENUE (APNS 032-075-010 AND 032-075-100)
(PA-2015-104, 4 W. SANTA INEZ AVENUE CONDOS)
WHEREAS, the owner of certain real property (the “Applicant”) commonly known as 4 West Santa Inez Avenue (APN Nos. 032-075-010 and 032-075-100) (the “Property”) submitted Planning Application PA-2015-104 to the Planning Division for a Site Plan and Architectural Review (SPAR), Site Plan and Site Development Planning Application (SDPA), and a Vesting Tentative Map (VTM) to merge two parcels, remove twenty-two (22) trees with diameters 6-inches or larger, and construct a 10-unit, 15,322 square-foot residential condominium building, and associated parking, landscaping, sidewalk improvements, and common areas on the Property (collectively referred to as the “Project”) in the City of San Mateo (“City”); and WHEREAS, San Mateo Municipal Code Section 27.06.040 requires final action from the Planning Commission for projects which include Site Plan and Architectural Review for projects of six or more dwelling units; and,
WHEREAS, following duly noticed public meetings held on August 8, 2017, September 26, 2017, and October 10, 2017, the Planning Commission voted to deny the Project; and WHEREAS, San Mateo Municipal Code Section 27.06.050 requires final action from the City Council for appeals from the decisions of the Planning Commission; and WHEREAS, on October 20, 2017, the Applicant appealed the Planning Commission denial of the Project to the City Council; and
WHEREAS, on February 5, 2018, the City Council held a duly noticed public hearing and upheld the Planning Commission denial of the Project; and
WHEREAS, on July 12, 2019, the Applicant filed a petition for a writ of administrative mandamus to overturn the City’s denial of the Project; and
WHEREAS, on December 16, 2021, following a published Court of Appeal decision, the Superior Court entered a judgment (“Judgment”) requiring the City to vacate its 2018 denial of the Project and to reconsider the Project; and
WHEREAS, approval of the Applicant’s proposal is considered a project for purposes of the California Environmental Quality Act, Pub. Resources Code §21000, et seq. (“CEQA”); and 135 of 324
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WHEREAS, the City finds that the Project is categorically exempt from CEQA in accordance with CEQA Guidelines Section 15332, “In-Fill Development Projects;” and WHEREAS, the City finds that the Project is consistent with the applicable policies of the General Plan and other applicable policies, as further set forth in Exhibit A; and WHEREAS, on February 7, 2022, the City Council held a duly noticed public hearing for the Project at which all public comments were considered; and
WHEREAS, all findings are set forth in Exhibit A, and all Conditions of Approval are set forth in Exhibit B.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
1. CEQA. The City Council finds on the basis of the whole record before it that the Project is categorically exempt from the provisions of CEQA as “infill development” under CEQA Guidelines Section 15332, based on the findings and determinations set forth in Exhibit A, attached hereto and incorporated by reference.
2. Vacation of Project Denial. City Council Resolution No. 18 (2018), which upheld the Planning Commission’s denial of the Project and denied the appeal, is rescinded, and the City Council’s denial of the Project is vacated.
3. Project Approval. The Project (PA-2015-0104), located at 4 West Santa Inez Avenue (APNs: 032-075-010 and 032-075-100), is approved based on the findings set forth in Exhibit A, and subject to the Conditions Of Approval set forth in Exhibit B, attached hereto and incorporated by reference. 136 of 324
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EXHIBIT A - FINDINGS
I. CEQA DETERMINATION
A. In accordance with CEQA Guidelines Section 15332, the Project qualifies as “infill development” and is therefore categorically exempt from the provisions of CEQA because it satisfies the requirements set forth below.
1. As described below, the Project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as the applicable zoning designation and regulations.
2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses because the Project site is located within the City limits on an a project site of 0.71 acres.
3. The Project site has no value for endangered, rare, or threatened species because the Project site does not contain nor is located near any riparian habitat or sensitive natural community, or any species identified as a candidate, sensitive, or special status species, nor any species identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service.
The Project will not have a substantial adverse effect on federally protected wetlands through direct removal, filling, hydrological interruption, or other means, and will not substantially interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites.
The Project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, nor will it conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
The Project will not impact any threatened or endangered biological resources. The Project will include the removal of 22 trees, planting 16 trees on the Property and 12 street trees. The Project applicant will pay a fee in lieu for the difference between the number of trees removed and the number of new trees to be planted.
4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality because a Transportation Impact Analysis (TIA) prepared by the City’s traffic consultant (Hexagon Transportation Consultants) concluded that while the Project is expected to generate 47 net new daily trips with 8 net new peak hour trips, it will not result in the study intersections operating at an unacceptable level of service and will not cause adverse Level of Service (LOS) effects. Furthermore, due to the proximity of the project site to an existing, well-established transit system (Caltrain & SamTrans), the estimated trips may be less than anticipated, thus, the project will have a minimal or less impact to the existing traffic load.
The Project will not conflict with an applicable congestion management program and will not result in a change in air traffic patterns because the Project will not substantially increase hazards due to a design feature or incompatible uses, result in inadequate emergency access or inadequate parking capacity, conflict with other adopted policies, plans, or programs regarding 137 of 324
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public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities.
Approval of the Project will not result in any significant effects relating to noise because the Project will not expose persons to or generate noise levels, ground borne vibration, or ground borne noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards, and will not create a substantial permanent increase in ambient noise levels in the project vicinity above existing levels. A substantial temporary or periodic increase in ground borne vibration and ambient noise levels in the Project vicinity above levels existing without the Project may occur, but only during construction. Noise generated during construction would differ depending on the construction phase and the type and amount of equipment used at the construction site. The applicant will be required to abide by the conditions of approval, construction work hours, and comply with the City’s Noise Ordinance.
The Project will not result in any significant effects relating to air quality because it will not conflict with or obstruct implementation of the applicable air quality plan, violate any air quality standard or contribute substantially to an existing or projected air quality violation, result in a cumulatively consideration net increase of any criteria pollutant, expose sensitive receptors to substantial pollutant concentrations, or create objectionable odors affecting a substantial number of people. The Project will have a limited impact on air quality and would not subject customers or employees of nearby businesses, visitors, residents, and/or neighbors to objectionable odors. Additionally, the Project would not result in additional exposure of sensitive receptors to substantial pollutant concentrations in the long term but has the potential to generate dust and other pollutants, during demolition, grading, and construction. However, the impact of dust generated by demolition, grading and/or construction activities is temporary in nature and limited to site preparation and future construction of the new residential development. The City of San Mateo’s Public Works Department has included conditions of approval to minimize dust and vehicle emissions during grading and construction activities.
Approval of the Project will not result in any significant effects relating to water quality because it will not violate any water quality standards or waste discharge requirements or substantially deplete groundwater supplies or interfere substantially with groundwater recharge as the site is not serviced by nearby wells, nor will it alter the existing drainage pattern of the site or area, create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems.
5. The site can be adequately served by all required utilities and public services because the Project will be subject to various impact fees, and is located in an urbanized area served by municipal services, therefore it is not anticipated to significantly impact public services or require the additional construction of public facilities as the proposed multi-family residential use can be accommodated with existing levels of service. The Project would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board, require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, require or result in the construction of new storm water drainage facilities or expansion of existing facilities. The Public Works department has determined that there is adequate infrastructure capacity serving the site to adequately handle the increases. 138 of 324
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II. FINDINGS
A.GENERAL PLAN CONFORMITY.
The Project conforms to the applicable Land Use Element policies of the City’s General Plan as outlined below.
1. In accordance with Policies LU 1.6 and LU 1.7, which encourage the facilitation of housing production by carrying out the goals and policies in the Housing Element and seek to allow multi- family areas to develop at densities delineated in the Land Use Plan, the proposed Project creates ten residential units and proposes the maximum dwelling units per acre (du/ac) that is permitted by the General Plan.
2. In accordance with Policy LU 3.3, which encourages residential uses in this area, the Project will redevelop the project site to maximize the development potential of the site, create additional residential housing, achieve and retain the high-density residential character of the North El Camino corridor, and encourage pedestrian activity.
3. In accordance with Specific Area Policy PA 1.1, which sees to retain the high-density residential character of the area between Peninsula and Tilton Avenues, the Project will redevelop two parcels currently developed with single-family residence to achieve the high-density residential land use as envisioned in the General Plan.
The Project conforms to the applicable Circulation Element policies of the City’s General Plan as outlined below.
1. In accordance with Policy C 1.2, which seeks to minimize curb cuts on arterial streets by discouraging the creation of new curb cuts on arterial streets to access new development, reduce the number of existing curb cuts, and take advantage of opportunities to combine driveways, the Project has proposed ingress and egress along West Santa Inez Avenue, thus minimizing driveways along North El Camino Real.
2. In accordance with Policy C 4.5, which requires as a condition of approval the provision of sidewalks and wheelchair ramps where lacking and the repair or replacement of damaged sidewalks, the Project includes new sidewalk infrastructure along W. Santa Inez, El Camino Real, and Engle Road which is consistent with the guidelines of the Pedestrian Master Plan and provides wider sidewalks for pedestrian travel and enhanced wheelchair access.
The Project conforms to the applicable Housing Element policies of the City’s General Plan as outlined below:
1. Policy H 1.1 seeks to protect established single and multi-family residential areas by preventing the intrusion of incompatible uses not indicated in the Land Use Element in residential districts; avoiding the overconcentration on individual blocks of non-residential uses defined by the Land Use Element as being “potentially compatible” in residential areas; ensure that adequate buffers are provided between residential and non-residential uses to provide design computability, protect privacy, and protect residences from impacts such as noise and traffic; and review development proposals for conformance to the City’s multi-family design guidelines for sites located in areas that contain substantial numbers of single-family homes to achieve projects more in keeping with the design character of single-family dwellings. 139 of 324
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The Project establishes a multi-family use within a designated high density residential area on the border of a single-family zoned residential area and seeks to minimize privacy impacts through landscape buffers, locating balconies away from the single-family residences, and integrates the fourth floor into the roof form of the building to reduce the apparent size and bulk of the structure
2. Policy H 1.9 prohibits the demolition of existing residences until a building permit for new construction has been issued unless health and safety problems exist and to prevent housing stock from becoming health and safety problems through code enforcement efforts.
Two existing single-family residences currently occupy the Project site. They will not be demolished until a planning application for new development has been approved and the corresponding building permit has been issued.
3. Policy H 2.9 seeks to encourage and provide for the development of multi-family housing to create a diversity of available housing types.
The Project will provide housing on an underutilized size and create ten for-sale units of varying size and bedroom quantities to contribute to the diversity of housing types available within the City.
The Project conforms to the applicable Urban Design Element policies of the City’s General Plan as outlined below:
1. Policy UD 2.1, Policy UD 2.2 and Policy UD 2.3 seek to ensure new multi-family developments substantially conform to the City’s Multi-family and Small Lot Multi-Family Design Guidelines and encourages the preservation and enhancement of neighborhood character through building sale, building height, materials, architectural style, quality of construction, open space, location of parking and lot size.
The design and use of high-quality materials for the proposed four-story building will create a cohesive transition between the existing multi-family residential buildings to the east and south of the Project site along North El Camino Real and the single-family residential development to the west of the project site. The preservation and enhancement of neighborhood character is expressed through an upper floor stepped back and integrated into the roof form of the building, the craftsman inspired architectural style of the structure, building materials, and the underground location of parking.
2. Policy UD 2.4 encourages new multi-family developments to locate parking underground or towards the rear of the parcel to avoid views of parking from the street.
The Project adheres to this policy by locating all visitor and resident parking in an underground parking garage.
The Project conforms to the applicable Conservation and Open Space Element policies of the City’s General Plan as outlined below:
1. Policies C/OS 6.2, C/OS 6.3, C/OS 6.6, and C/OS 6.7 require replacement planting when heritage trees are permitted for removal; the protection of heritage trees during construction activities; 140 of 324
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that all landscaping and improvements adjacent to heritage trees be designed and maintained to be consistent with the continued health of the tree; and encourage the planting of new street trees throughout the City and especially in gateway areas such as, El Camino Real (SR 82).
The Project will result in the removal of 22 trees (6-inches or more in diameter), including five (5) heritage trees (2 coast live oak, 1 coast redwood, 1 Canary Island palm, and 1 California pepper).
Sixteen (16) 24-inch box trees replacement trees will be planted within the within the property and twelve (12) 36-inch box trees will be planted within the public right-of-way. Replacement species include Crepe Myrtle, Gingko Biloba, Red Norway Maple, and Vine Maple. The remainder of the required planting will be satisfied by paying the in-lieu fee. All proposed street trees are consistent with the species identified in the City’s Street Tree Master Plan. A tree protection plan will be implemented for the large Redwood tree on a neighboring property to the northwest.
The Project conforms to the applicable Noise Element policies of the City’s General Plan as outlined below:
1. Policies N 1.1 and N 1.2 require an acoustical analysis and interior noise insulation for all “noise sensitive” land uses listed in the Table N-1 that have an exterior noise level of 60 dB (Ldn) and enforcement of the City's existing noise control ordinance which prohibits noise that is annoying or injurious to neighbors of normal sensitivity, constituting a public nuisance, and restricts the hours of construction to minimize noise impacts.
Proposed construction activities have the potential to result in short term noise impacts to nearby residential and business. Noise measures and monitoring during construction, which are standard conditions of approval for the planning application, will be mandatory, and the application will be required to abide by the construction work hours and comply with the City’s Noise Ordinance. The Project will also comply with the measures as outlined in the Project’s Noise Study to meet construction and post construction interior and exterior noise levels.
B.The Site Plan and Architectural Review (Municipal Code Section 27.08.030) application is approved based on the following findings:
1. The structures, site plan, and landscaping are in scale and harmonious with the character of the neighborhood in that:
a. The height, bulk, and wall articulations respect adjacent smaller scaled single-family residences through varied building materials, an imbedded fourth floor into the roof form, projecting bay windows, and recessed wall planes. Trellises add a horizontal element to reduce the appearance of height while neutral colors and high-quality roofing materials create a cohesive appearance and compatibility with the surrounding structures. Varying heights and massing provide a transition between high density residential uses along North El Camino Real to the south and east and single-family residential uses to the north and west.
b. The design of the building and use of high-quality stucco and board and batten horizontal wood siding respect the character of the surrounding neighborhood. The craftsman inspired architectural style respects the traditional homes found within the immediate neighborhood and utilizes a design approach that combines newer construction with an established neighborhood.
c. The Project clearly establishes individual identities to living units and a predominant main entryway to the lobby area. Individual living units relate well to the street by providing 141 of 324
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traditional walkways leading up to each unit entrance from the street. d. Pedestrian improvements create a walkable and inviting pedestrian realm along North El Camino Real consistent with the City’s guidelines and policies relating to sidewalks. Twelve proposed street trees along all frontages (Engle Road, El Camino Real, West Santa Inez Avenue) enhance the pedestrian experience while creating a buffer between the street and building. The widened sidewalks create a safe environment where pedestrians can fully utilize the public right-of-way.
2. The Project will not be detrimental to the harmonious and orderly growth of the City in that:
a. The Project is consistent with all objective standards contained in the General Plan, Municipal Code and Multi-Family Dwelling Design Guidelines. b. The Project satisfies the Zoning Code standards for density, height, floor area, building setbacks, parcel coverage, vehicular parking, and bicycle parking.
3. The Project will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare in that:
a. The 10-unit condominium building will provide a net benefit to the community and surrounding area by providing additional housing that is in close proximity to highway access, public transit, and bicycle and pedestrian infrastructure. b. The Project will increase the desirability of the vicinity as the property owner’s investment in the site represents an improvement to what currently exists. c. The Project will be constructed in compliance with all building codes, fire codes, and the City’s building security code.
4. The Project meets all applicable standards as adopted by the Planning Commission and City Council, conforms with the General Plan, and will correct any violations of the zoning ordinance, building code, or other municipal codes that exist on the site. a. The Project meets the development standards of the R4 zoning district with respect to density, setbacks, floor area, building height, and vehicular parking and bicycle parking. b. The Project complies with the recommendations of the City’s Design Review consultant, as conditioned.
5. The Project will not adversely affect matters regarding police protection, crime prevention, and security in that the buildings, paths of travel, and parking facilities will be required to conform to the City’s current Security Ordinance through Conditions of Approval.
C.The Site Development Planning Application (Municipal Code Section 23.40.040) for the removal of major vegetation is approved based on the following findings:
1. The Project will result in the removal of twenty-two (22) trees (6-inches or more in diameter), including five (5) heritage trees (2 coast live oaks, 1 coast redwood, 1 Canary Island palm, and 1 California pepper). The removal of these trees is necessary to accommodate the development of the proposed project. All trees will be removed and replaced with appropriate landscaping to both enhance the site and create necessary buffers between surrounding properties. Sixteen (16) new trees will be planted within the property as well as twelve (12) new street trees within the public right-of-way for a total of twenty-eight (28) trees and a total Landscape Unit (LU) value of 68. The required LU value for the replacement of the trees to be removed is 151.5. A standard condition of approval has been included to address the tree removal and replanting requirements, and payment of any required tree removal in-lieu fees at the current rate established in the annual Comprehensive Fee Schedule.
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D.The Vesting Tentative Map (Municipal Code Section 26.48.060) for the merger of two parcels to create one 10,763 square-foot parcel and the creation of a 10-unit condominium building and associated common area are approved based on the following findings:
1. The proposed map is consistent with applicable general and specific plans in that the Property is designated for high density multi-family and the project meets the R4 (Multiple Family High Density) zoning development standards and general plan policies.
2. The design and improvement of the proposed subdivision is consistent with the General Plan in that it meets all zoning standards for R4 High Density Multi-Family land uses.
3. The site is physically suitable for the proposed development in that the Property is flat and all potential environmental impacts are not significant. The Property can be adequately served by all required utilities and public services.
4. The site is physically suitable for the proposed density of the development in that the proposed floor area ratio 0.97 does not exceed the maximum ratio of 1.5.
5. The design of the development will not cause substantial environmental impact nor injure fish or wildlife in their habitat in that the project site is located in urbanized areas.
6. The design of the subdivision or type of improvements is not likely to cause serious public health problems in that City’s ordinances reduce potential air quality and noise impacts during construction, and the project will also contribute to public improvements to roadways and public facilities and will otherwise not constrain the delivery of public services.
7. The design of the Project will not conflict with easements because the building envelope and major site improvements will not obstruct or be located on such easements to create a conflict. 143 of 324
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EXHIBIT B
CITY OF SAN MATEO PLANNING APPLICATION
CONDITIONS OF APPROVAL
PA-2015-104, 4 W. SANTA INEZ AVE. CONDOS (SPAR + SDPA + VESTING TENTATIVE MAP) 4 W SANTA INEZ AVE, SAN MATEO, CA 94402-1222; 1 ENGLE RD, SAN MATEO, CA 94402-1143 PARCEL # 032075100, 032075010
AS APPROVED BY THE CITY COUNCIL ON
The following conditions of approval apply to the project referenced above. The conditions of approval are grouped under specific headings that relate to the timing of required compliance. Additional language within a condition may further define the timing of required compliance.
The following conditions shall be addressed on the construction plans submitted for any DEMOLITION PERMIT, BUILDING PERMIT, or SITE DEVELOPMENT PERMIT, and shall be satisfied prior to issuance of whichever permit is issued first, or if another deadline is specified in a condition, at that time Building Division (PA)
1. PRE-CONSTRUCTION CONFERENCE FOR LARGE PROJECTS- A pre-construction conference shall be held at a time and location agreed upon by the City and applicant for the purpose of reviewing Conditions of Approval and construction-site procedures. The applicant shall be represented by his design and construction staff, which include any subcontractors. Departments administering conditions of approval for the project will represent the City. This meeting shall be held prior to issuance of the Demolition Permit, Building Permit or Site Development Permit, and shall be satisfied prior to issuance of whichever permit is issued first. (BUILDING)
2. DEMOLITION - Demolition permit(s) shall be issued in accordance with Section 23.06.100 of the San Mateo Municipal Code. Safeguards during construction shall be provided in accordance with Chapter 33 of the California Building Code. Prior to the permit issuance, a completed Worksheet/Application and a Demolition Plan must be submitted and approved by the Building Official. This form is available at the Building Division Counter. (BUILDING)
3. CALIFORNIA BUILDING CODE. The project shall be designed to conform with the current California Building Code.
4. CALGREEN – The building shall be designed to include the green building measures specified in the current California Green Building Standards Code. (BUILDING)
5. SHORING/SCAFFOLDING - A separate building permit shall be required for all shoring and scaffolding work. Shoring/scaffolding plans, calculations, etc., shall be reviewed and approved by Building Division.
The applicant must obtain an encroachment permit from the Public Works Department for scaffolding erectedwithin the public right-of-way. (BUILDING)
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6. SITE SURVEY – The applicant shall provide a site survey of entire parcel stamped and signed by a Land Surveyor licensed by the State of California. The survey shall include, but not be limited to, the following: location and dimensions of propertyline, location of streets and easements, existing buildings, topographic contour lines, trees/landscape, miscellaneous structures, etc. The purpose of the site survey is to accurately verify compliance with items such as setback dimensions, heights of buildings from established contours, compliance with heritage tree ordinance, etc. (BUILDING)
7. SOILS REPORT – The applicant shall provide a stamped, signed, and dated soil investigation report containing design recommendations to the Building Official.The classification shall be based on observation and any necessary tests of materials disclosed by boring or excavations made in appropriate locations. Additional studies may be necessary to evaluate soil strength, the effect of moisture variation on soil-bearing capacity, compressibility, liquefaction, seismically induced soil liquefaction, soil instability, and expansiveness. Additionally, the applicant shall submit a stamped, signed, and dated letter fromthe Geotechnical Engineer or Civil Engineer who prepared the soil investigation stating the following:
a. The plans and specifications substantially conform to the recommendations inthe soil investigation. b. The Geotechnical Engineer or Civil Engineer who prepared the soil investigationhas been retained to provide soil site observation and provide periodic and final reports to the City of San Mateo. c. Prior to final inspection for any building or structure, the Geotechnical Engineer orCivil Engineer who prepared the soil investigation shall issue a final report stating the completed pad, foundation, finish grading and associated site work substantially conform to the approved plans, specifications and investigations. (BUILDING)
Fire Department – San Mateo Consolidated (PA)
8. FIRE ASSEMBLIES AND APPLIANCES: The final location of fire service backflow preventors, fire department connections and the juncture of fire service lines to the water main grid shall be approved by fire and documented on the Fire Sprinkler plans. (FIRE)
9. FIRE ALARM SYSTEM: Install a fire alarm system per CFC Chapter 9 and complying with local amendments. Submit under separate fire plan check and permit. Use installation standard NFPA 72. (FIRE)
10. COMBINATION SPRINKLER/STANDPIPE: Install a combination fire sprinkler/standpipe system on each level with 2½” x 1½” reducer caps. Submit under separate fire plan check and permit. Use installation standard NFPA 14 andlocal amendments. (FIRE)
11. ELECTRICAL POWER DISCONNECTING MEANS: Provide a key switch to disconnect (shunt) the building electrical power by Fire Department personnel. Contact the Bureau of Fire Protection and Life Safety to coordinate the exact location for such devices. (FIRE)
Planning Division (PA)
12. CONFORMANCE WITH APPROVED PLANNING APPLICATION - All building permit drawings and subsequent construction shall substantially conform with the approved planning application, including:
drawings, materials samples, building colors, and other items submitted as part of the approved planning application. Documentation of any changes to the approved Planning Application plan set shall be 145 of 324
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provided at the time of Building Permit submittal. Any proposed modifications to the approved planning application must be reviewed by the Planning Manager or Zoning Administrator. Modifications to Building Permit plans must be approved prior to construction of the modified improvements. The Planning Manager or Zoning Administrator shall determine whether the proposed modifications substantially conform with the approved planning application, or whether a new planning application must be submitted to permit the proposed project modifications. A new planning application shall be subject to review by the Zoning Administrator, Planning Commission, or City Council, with the level of review dependent upon the significance of the modification. (PLANNING)
13. VECTOR CONTROL PLAN - Prior to the issuance of a Site Development Permit or demolition building permit, whichever is issued first, the applicant shall implement and conform to, upon review and approval by the Zoning Administrator, a plan for the control and removal of rodents and other pests to prevent infestation of adjacent land uses and surrounding neighborhoods. This plan shall include pest control measures required during all phases of construction, and also for a period of six months after the completion of construction. (PLANNING)
14. LOCATION AND FULL SCREENING OF ABOVE GROUND UTILITIES, EQUIPMENT, AND DEVICES INCLUDING TRANSFORMERS AND BACK FLOW PREVENTORS - All ground level utilities, equipment, and other project related operational/utility devices (“Items”) shall be shown on the building permit plans, consistent with the approved planning application plans. All Items shall be fully screened on all four sides from public view by a solid wall or solid wood fence that complies with San Mateo Municipal Code Chapter 27.84 Fences, Trees and Hedges. Landscaping in the form of densely planted tall shrubs may be utilized where placement of a fence is infeasible, subject to review and determination by the Zoning Administrator in the field. These Items shall be setback as far as feasible from street frontages and shall be fully screened with landscaping or other screening material. The building permit plans shall show the location and screening of these items and this condition shall be shall be addressed on the construction plans submitted for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first; however; the final location and required screening of all Items shall be reviewed and approved by the Zoning Administrator prior to release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first (PLANNING)
15. PAYMENT OF OUTSTANDING PLANNING APPLICATION FEES – The applicant shall pay any outstanding planning application fees prior to the issuance of the first building permit. (PLANNING)
16. RECORDATION OF CONDITIONS OF APPROVAL – The applicant shall record the final approved planning application conditions of approval document at the San Mateo County Recorder’s Office. The applicant shall submit proof of recordation in the form of a recorded document that includes a confirmation sticker with the recordation evidence. This document shall be recorded prior to the issuance of the demolition permit, building permit, or site development permit, and shall be satisfied prior to issuance of whichever permit is issued first. (PLANNING)
17. RECYCLING COLLECTION AREA REQUIREMENTS–The applicant shall be required to provide and maintain recycling collection areas on the property in accordance with City regulations and standards (Municipal 146 of 324
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Code §27.86) in effect at the time the vesting tentative map application was deemed complete, as approved by City staff in 2017 and as approved by Recology. The design, location, size, and number of recycling collection areas approved as part of this planning application shall remain as approved in the planning application as long as the use occupies the property, unless an alternate location is authorized by the Chief of Planning and/or Zoning Administrator. (PLANNING
18. PROOF OF LIABILITY INSURANCE - The applicant shall provide the City and adjacent neighbors at 12 West Santa Inez Avenue and 15 Engle Road with proof of commercial general liability and owner’s and contractor’s liability insurance of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for potential damage caused by construction activities.
The contractor will provide the City and the adjacent neighbors at 12 West Santa Inez Avenue and 15 Engle Road proof of commercial general liability insurance of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for potential damage caused by construction activities. (PLANNING)
19. CONDITIONS OF APPROVAL – Final plans shall include all Conditions of Approval beginning on sheet 2 of the plans. (PLANNING)
20. TENANT RELOCATION ASSISTANCE - Relocation assistance shall be provided to the existing tenant(s) occupying each unit to be demolished at the time the subject planning application is filed, consistent with San Mateo Municipal CodeSection 27.02.180 and state law.
The Planning Division shall be given notice of the initiation of tenant relocation process, and shall be provided written verification of all compliance with all requirements of this condition. All relocation assistance shall be paid prior to the issuance of the Building Permit for demolition of the existing residential building(s). (PLANNING)
21. MECHANICAL VENTILATION - All mechanical ventilation for subterranean garages shall be incorporated into the building architecture, structure, or landscape areas as delineated on the approved planning application drawings. (PLANNING)
22. PARKING - The applicant shall provide a minimum of twenty-one (21) parking spaces on-site. Provided that the applicant continues to satisfy the minimum number of required spaces and the parking standards as required by Chapter 27.64 (Off-Steet Parking and Loading) of the San Mateo Municipal Code, a reduction in the number of on-site parking spaces shall be considered a minor modification and shall not be subject to a public hearing.
23. CONFORMANCE WITH AUTOMATED MECHANICAL PARKING STANDARDS – Prior to issuance of a building permit, any proposed mechanical parking system shall either conform with the City’s “Standard Drawings and Specifications” document for off-street parking in effect in 2017, or the current “Standard Drawings and Specification”, adopted via Resolution by the City Council on January 3, 2022, for off-street parking document which includes objective and performance standards for mechanical and automated parking 147 of 324
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systems.
24. INTERIOR NOISE LEVELS – The project shall comply with the City’s Noise Goals as enumerated in the Noise Element of the General Plan. The applicant shall provide an acoustical analysis, by a licensed acoustical consultant, which shall contain recommendations to ensure the secondary unit’s interior LDN levels not to exceed 45dB as established in the General Plan. A copy of the acoustical analysis shall be submitted as part of the building permit drawings for this project. The applicant shall submit a letter prepared by the person/firm who prepared the acoustical analysis for the project, verifying that all recommendations contained in the analysis have been incorporated into the construction of the project.
The letter shall also verify that the project will comply with the noise requirements contained In the City’s General Plan. (PLANNING)
25. PALEONTOLOGICAL RESOURCES–- Should any potentially unique paleontological resources (fossils) be encountered during development activities, work shall be halted immediately within 50 feet of the discovery. The applicant shall immediately notify the Planning Division, and shall be responsible for retaining the services of a qualified paleontologist to determine the significance of the discovery. The paleontologist shall evaluate the uniqueness of the find, and prepare a written report documenting the find and recommending further courses of action. Based on the significance of the discovery, the actions may include avoidance, preservation in place, excavation, documentation, recovery, or other appropriate measures as determined by the paleontologist. (PLANNING)
26. SITE DEVELOPMENT PERMIT FOR REMOVAL OF TREES AND TREE REPLACEMENT/IN LIEU FEES–- The applicant shall obtain a Site Development Permit from the Planning Division for removal of existing trees with a diameter of 6 inches or larger, prior to the issuance of a Site Development Permit or demolition building permit, whichever is issued first. The applicant shall plant trees on the project site equivalent to the Landscape Unit (LU) value of trees to be removed or pay a fee in lieu of planting trees at the rate established in the annual Comprehensive Fee Schedule. (PLANNING)
27. HERITAGE TREE PROTECTION–- The applicant shall protect all heritage trees designated to remain from damage during construction. Tree protection shall comply with all provisions of the Heritage Tree Ordinance, approved Tree Protection Plan contained in the approved project arboris’'s report, and any requirements imposed by the City. The following tree protection measures shall be shown on building permit drawings:
a. All recommendations for tree protection contained in the approved Tree Protection Plan contained in the approved project arboris’'s report, and/or additional requirements imposed by the City. b. Protective fencing shall be located at the drip line of existing major vegetation to remain. This protective fencing shall be constructed of solid wood, chain link, or other solid materials subject to approval of the Zoning Administrator.
c. In addition, the following requirements shall be complied with at all times during construction:
1. Oil, gas, chemicals, or construction materials shall not be stored within the drip line of trees that are designated to be preserved.
2. Signs, wires, or other types of obstructions shall not be attached to trees. 148 of 324
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3. Trenching under the drip line of trees is to be avoided. If trenching is necessary, trenches are to be hand dug and major roots retained.
4. Correct Appendix E, Tree Protection Plan – Root Protection, third paragraph. Specify that the “equipment” used to scrape the ground shall be hand-held equipment only. Pneumatic equipment, such as an Air Spade, an Air Knife or a clay spade are acceptable as hand-held equipment. Electrically powered equipment such as a rotary hammer with a clay spade attachment is also acceptable as hand-held equipment.
All tree protection measures shall be constructed prior to issuance of a grading permit, demolition permit, or building permit. The Project Arborist shall submit a letter and photos to the Project Planner verifying that all tree protection measures are properly implemented prior to the issuance of the first building permit.
With the consent and approval of the adjacent property owner, the applicant shall provide a tree protection plan that will be implemented for the large Redwood tree on a neighboring property to the northwest. The applicant shall maintain all tree protection measures and removed said measures from the adjacent property prior to building permit final. (PLANNING)
28. CRACK SURVEY – The applicant shall obtain a crack survey to determine the location and extent of existing cracks at neighboring properties. The crack survey shall include both interior and exterior locations for adjacent properties including 12 West Santa Inez Avenue and 15 Engle Road. The applicant shall propose a crack survey methodology in accordance with industry standards for the approval of the Community Development Director or designee. The applicant shall notify both property owners to set up individual appointments to examine properties per the approved crack survey methodology. If a property owner denies permission to prepare the survey, the applicant shall not be required to do a survey of that property. The applicant shall submit a copy of the existing crack survey report to the City and adjacent neighbors at 12 West Santa Inez Avenue and 15 Engle Road prior to issuance of a demolition permit, building permit, or site development permit of which permit is issued first. The applicant shall also obtain a crack survey as outlined above conducted after construction of the superstructure but prior to building permit certificate of occupancy. The applicant shall submit a copy of the post construction crack survey to the adjacent property owners and the City. The City shall keep a copy of both surveys on file for informational purposes only. (BUILDING)
29. WEST ELEVATION WINDOWS – Building permits plans shall be revised to change all upper-story windows above the first floor on the west elevation with a sill height of less than 4feet 10-inches, to have obscure glass in the lower sash below 4 feet 10 inches. Sliding windows shall have divided lights and obscure glass on the lower panes below 4 feet 10 inches. Final window designs shall be subject to review and approval of the Zoning Administrator. (PLANNING)
30. LANDSCAPE IMPROVEMENTS - All landscape plans shall comply with Chapter 27.71 of the Municipal Code. In addition, the following items shall be shown on project plans:
a. All planting areas located within or adjacent to open parking areas containing five (5) or more parking spaces shall provide a six-inch-high vertical concrete curb to protect the planting areas. For parking lots containing less than 5 stalls, this requirement may be met by a concrete wheel stop in front of 149 of 324
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each diagonal or perpendicular stall plus a minimum six-inch-high concrete curb in other areas or approved equal.
b. The applicant shall install twelve (12) 15-gallon or larger English Hawthorn (Engle Road), Hybrid Elm Accolade (El Camino Real), and Gingko Biloba - Male Variety (West Santa Inez) street trees along public streets in accordance with City Standards and the City Street Tree Master Plan. Street trees that are located in sidewalk areas shall be constructed per City Standard Drawings 3-1-847, Tree Planting Details. The applicant and its successors shall irrigate these street trees at all times that the use permitted under this approval occupies the property. A street tree maintenance easement shall be required if the street trees are to be located on private property and no such easement exists. A two-inch (2") depth layer of mulch shall be required in all new planting areas except in areas of turfgrass or annuals.
c. The applicant shall provide proof of an agreement with a licensed landscape contractor or General Contractor for a Plant Establishment Maintenance Period consisting of three (3) growing season months (March through October) for all proposed landscape areas. All landscaped areas shall be maintained free of litter, debris and weeds. All plantings shall be permanently maintained in a healthy growing condition and whenever necessary, replaced with equivalent plant materials to ensure continued conformance with approved plans. (PLANNING) Police Department (PA)
31. PARKING GARAGE SECURITY FOR RESTRICTED ACCESS GARAGES- The applicant shall restrict access to the parking garage with electrically operated closures to allow passage of motor vehicles. Required visitor parking shall have unrestricted access. The closures, whether overhead, sliding or swinging shall be provided with reopening devices which will function to stop and reopen the closure in case the closure is obstructed when closing. Openings into the garage which are not for vehicular or human passage shall be provided with security grilles or screens. Digital keypads shall be provided to allow for entry by services and emergency services vehicles into the garages at all times. Exterior doors or gates providing access into the secure areas of the parking garage shall remain locked at all times, and shall only be accessible through the use of keys, key fob or remote keyless entry system devices furnished to the building residents. Pedestrian access points exiting out of garage shall also be accessible through the use of keys furnished to the building residents and shall be equipped with self-closing devices. Parking spaces shall not be numbered to coincide with interior unit numbers. All storage, maintenance, and trash rooms within parking garages shall have doors which cannot be locked from the inside, and that close and lock quickly and automatically upon exit. Lighting in the parking garage shall be in conformance with the Security Ordinance as it applies to Exterior Lighting and metal halide, or other bright white light source, shall be utilized. No dark areas shall exist inside the parking garage. (POLICE)
32. SECURED BUILDING ACCESS BY POLICE DEPARTMENT - At the exterior of the main exterior building entrance(s) and parking garage entrance(s) for secured buildings, the applicant shall install telephone entry pads (TEPs). These TEPs must allow the Police Department personnel to access the interior of the building. The TEPs must also be installed at exterior gate locations that lead to secured areas of the site, such as interior courtyards. TEP Placement location is subject to the review and approval of the Chief of Police or his/her designee, prior to the approval of the first building permit for the project. Police code must be provided to the Police Department personnel upon install. (POLICE) 150 of 324
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33. EXTERIOR SITE LIGHTING STANDARDS- The applicant shall submit a photometric plan in compliance with the Building Security Code “Exterior Security Lighting” (San Mateo Municipal Code Section 23.54.060).
The plan shall comply with the requirement of an average of 1 foot-candle with a 4:1 minimum to average ratio and a minimum lighting of 0.3 foot-candle. This lighting standard is applicable to all publicly-accessibly parking lots, driveways, circulation areas, aisles, passageways, recesses, and publicly- accessible grounds contiguous to all buildings. Private, interior courtyards not accessible to the public are not required to meet this standard. The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the Chief of Police or their designee and shall be addressed on the construction plans submitted for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first. Any subsequent building permits that include any site lighting shall also meet these requirements. (POLICE)
34. BUILDING SECURITY CODE COMPLIANCE - The project plans shall comply with the City’s Building Security Code (San Mateo Municipal Code Chapter 23.54). (POLICE) Public Works Department (PA)
35. DRAINAGE – Drainage designed into landscaping with the purpose of reducing volume or improving quality of runoff from the site shall be implemented, to extent feasible, subject to the approval of the City Engineer. Where necessary, sidewalk drains per City Standard Drawing 3-1-120 shall be provided to direct the water under the sidewalk and through the curb. No increase to the peak discharge shall be permitted downstream. In addition, discharge must conform to any non point source permit issued by the Regional Water Quality Control Board. Drainage improvements made on-site shall conform to standard engineering practices and shall not allow any site drainage to impact adjacent properties. All drainage capacity calculations shall be performed by a licensed Civil Engineer, whose signed engineer’s stamp shall appear on the calculations sheets, and shall be submitted to the City for review and approval with the project civil plans. The applicant shall install flow through planters to meet the Municipal Regional Permit (MRP) C.3 requirements. For projects that include permanent structural controls for water quality protection, the O&M (operation and maintenance) procedures for such control features shall be submitted for review and approval prior to occupancy and specify the owner’s responsibility to ensure their ongoing effective operation and maintenance. Such O&M responsibility requirements shall be recorded on the property deed. (PUBLIC WORKS)
36. POLYCHLORINATED BIPHENYLS (PCB) SCREENING ASSESSMENT FORM – As per Stormwater Municipal Regional Permit requirements and San Mateo Municipal Code Chapter 7.39, Demolition Permit Applicants shall complete the PCBs Screening Assessment Form located below: The Form shall be reviewed and approved by the Director of Public Works or his/her designee. https://www.cityofsanmateo.org/160/Demolition-Requirements
37. TRASH CAPTURE DEVICES – Install trash capture devices in storm drain systems that lead directly to the off-site storm drain system or outfall. Devices shall be approved by the Director of Public Works or designee. Trash capture devices are required on site consistent with the State Water Resources Control 151 of 324
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Board definition of Full Capture System. All on-site trash capture devices shall be cleaned routinely and maintained by the property owner per the Stormwater Treatment Facilities Maintenance Agreement.
The building permit plans for the superstructure shall show trash capture devices. (PUBLIC WORKS).
38. CHARGES FOR PUBLIC WORKS SERVICES - Prior to plan checking, the applicant shall deposit with the Public Works Director or designee, funds to pay for, at the adopted rate, all engineering, inspection and survey services that may be required during plan check and construction of the project. The amount of the deposit shall be $10,000.00. Public Works plan checking of the plans submitted with the building permit plans cannot proceed until the deposit is submitted. The applicant shall be required to increase the deposit, or be billed monthly at the discretion of the City, for any costs in excess of the deposit. If billed monthly, invoices shall not become delinquent (must be paid within 30 days of receipt). Prior to final occupancy the bill shall be paid in full. The City will refund any portion of the deposit not utilized. (PUBLIC WORKS)
39. UNDERGROUND UTILITIES – The applicant must install all new, and upgraded, utility service, including telephone, electric power, and other communications lines underground to the building in accordance with City of San Mateo Municipal Code 26.32.020. (PUBLIC WORKS)
40. FINAL MAP – The applicant shall have a final map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with San Mateo Municipal Code Chapter 26.52.
The final subdivision map shall be approved by the Department of Public Works prior to City Council approval and recorded by the County Recorder’s Office prior to the first building permit. A map guarantee shall be submitted to the City, by the applicant’s title company, prior to release of the map to the title company for recordation.
Prior to the City’s release of the final map to the title company, the applicant may, at the discretion of the Director of Public Works designee, be required to submit to the City an electronic copy of the map in PDF and the AutoCAD Version being used by the City at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after City approval. (PUBLIC WORKS)
41. ENCROACHMENT PERMITS, BONDS, AND INSURANCE – The applicant must obtain an encroachment permit, posting the required bonds and insurance, and provide a one (1) year warranty for all work to be done in the City's right-of-way or easements prior to starting work. (PUBLIC WORKS)
42. TRAFFIC CONTROL & SITE LOGISTICS PLANS – The applicant shall submit traffic control plans for any impact to the right-of-way for each phase of operation, including pedestrian and bicycle detour plans as applicable. The traffic control plan shall comply with the most recent version of the California Manual of Uniform Traffic Control Devices (CA MUTCD) and the City’s Traffic Control Plan Requirements.
A site logistics plan is required for each phase of operation. The plan, at a minimum, shall include estimated timeframes for implementation, duration, construction operations. (PUBLIC WORKS) 152 of 324
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43. PUBLIC IMPROVEMENTS - An Encroachment Permit shall be required for all public improvements in the public right-of-way or easements. All public improvements shall be completed prior to the Certificate of Occupancy.
The developer shall repair or replace all existing improvements not designated for removal and all new improvements that are damaged or removed because of developer's operations. Developer shall request a walk-through with the Public Works Construction Inspector before the start of construction to verify existing conditions.
The applicant shall have improvement plans prepared for all work in the public right of way or easements by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. The improvement plans shall be included in the superstructure building permit submittal and substantially conform to the approved planning application. Any changes to the improvements shall be approved by the Director of Public Works or designee at their sole discretion. All design assumptions and criteria shall be submitted.
Project specifications shall be included for review.
All work shown on the improvement plans shall be inspected and approved by Public Works.
Quantities for items below are provided only to determine minimum bonding requirements for the encroachment permit. The building permit plans for the superstructure shall show the following public improvements in the public right of way:
a. STREET TREES – The applicant shall plant street trees to match the City of San Mateo street tree plan in effect at the time of construction. All street trees shall have a root barrier to prevent damage to adjacent sidewalk. The street tree plans shall be constructed per City Standard Drawings 3-1-847, Tree Planting Details, and will include tree grates.
b. SIDEWALK – The applicant shall replace to existing City standards all sidewalk surrounding the project site. Sidewalk replacement shall be constructed per City Standard Drawing 3-1-141A. c. CURB RAMPS – The applicant shall construct two (2) curb ramp(s) in accordance with State Standard Drawing No. A88A at the corners of Engle Road and N. El Camino Real and W. Santa Inez and N. El Camino Real. The actual ramp "Case" shall be identified on the plans and shall be approved by the Director of Public Works or designee or designee.
d. DRIVEWAY APPROACH – The applicant shall install one (1) City Standard Commercial driveway approach as shown on the approved plans. The new commercial driveway approach shall be constructed per City Standard Drawing 3-1-148.
e. DRIVEWAY REMOVAL – The applicant is to remove the existing driveway approach located on Engle Road as shown on the approved planning application plans, and replace it with sidewalk, curb and gutter per City Standard Drawing 3-1-141A. Public Works estimates that approximately one hundred twenty-five (125) square feet of sidewalk and twenty-five (25) lineal feet of curb and gutter will be necessary to replace the existing driveway approach. These amounts are in addition to the amount of sidewalk that are required to be removed and replaced as defined by the separate Sidewalk condition.
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f. SEWER LATERAL – The applicant shall install as a minimum two six (6) inch City Standard sewer lateral connections from the property line to the sewer main located in the street right of way. The installations shall be done in accordance with City Standard Drawing 3-1-101. g. SANITARY SEWER MANHOLES – The applicant shall install two (2) standard sanitary sewer manhole on W. Santa Inez and Engle Road, per approved plans and in accordance with City Standard Drawing No. 3-1-104).
h. STORM WATER CATCH BASIN CONNECTIONS – The applicant shall install two (2) standard storm water connections to catch basins on N. El Camino Real. Connections shall be per Caltrans approved plan.
i. STREET LIGHTS - STREETLIGHTS/PHOTOMETRIC ANALYSIS - The applicant shall submit a photometric analysis to the Public Works Director or designee showing lighting levels along the project frontages, to meet the required levels for continuous roadways, intersections, and sidewalks as recommended by the Illuminating Engineering Society (IES) in publication RP-8-18. The photometric analysis shall include calculation zones for City owned streets, City owned sidewalks, and City owned intersections fronting the project. The photometric analysis shall also include a calculation zone for any public sidewalk along El Camino Real fronting the project. Roadway calculation zones shall extend across the entire width of the street from curb face to curb face and include a minimum of two longitudinal grid lines per travel lane and one longitudinal grid line within areas used for on-street parking.
Lateral grid lines shall be a maximum of 15 feet apart. Sidewalk calculation zones shall extend from the back of sidewalk to the face of curb and include a single line of calculation points along the center of the sidewalk. Calculation points shall be no more than 6 feet apart. Intersection calculation zones shall include the area bound by the faces of the curbs on each corner and the outermost crosswalk lines or, if there is no marked crosswalk, the outermost edge of the area pedestrians are expected to use to cross the street. Calculation points within the intersection shall be in a grid that matches the spacing of points used for the intersecting streets. The Average Maintained Pavement Illuminance, Average to Minimum Uniformity Ratio, and Maximum to Minimum Uniformity Ratio shall be calculated using the Illuminance Method and the results reported in foot-candles (fc). A Light Loss Factor (LLF) of 0.803 shall be applied to all fixtures to account for reduction in lighting efficacy over time. The results shall be submitted to the City in the form of a plan sheet showing a scale drawing of the project site and the adjacent calculation zones. Individual grid points and point illuminance values shall be displayed on the plan. The plan shall include a schedule of luminaires showing type, wattage, total LLF, mounting height, and arm length. The plan shall include a results table showing the calculated maintained average illuminance and uniformity ratios for each calculation zone. The plan shall include all necessary labels and dimensions for review of the analysis by the City, which at a minimum shall include street names, calculation zone names, and grid spacing dimensions. The analysis shall include nearby lights that are not within the project frontage but which contribute light to the various calculation zones. Calculation zones shall be extended to the nearest light beyond the project frontage if doing so leads to a more accurate analysis. The applicant must consult with City staff prior to performing the photometric analysis. The City will provide information about existing streetlights in the vicinity of the project, including IES files for use in computer modeling for the photometric analysis.
Calculations shall utilize the following parameters:
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STREET IES CLASSIFICATIONPEDESTRIAN ACTIVITY LEVEL PAVEMENT TYPEEl Camino Real Major Medium R2/R3City Arterial Major Medium R2/R3City Collector Collector Medium R2/R3City Local Local Low R2/R3 If needed as determined by the Public Works Director or designee, based on the results of the photometric analysis, the applicant shall propose streetlighting improvements to raise lighting to the required levels.
All new streetlights proposed by the project shall be selected from the City’s list of standard streetlights current at the time of analysis.
El Camino Real is identified in the City’s Pedestrian Master Plan for inclusion of pedestrian scale (post top) lighting. The applicant shall install at least one pedestrian scale light along the project’s El Camino Real frontage.
The applicant shall also submit a full streetlight and electrical plan showing the existing streetlight infrastructure and proposed post top streetlight infrastructure as dictated by the photometric analysis. The streetlight and electrical plan shall show all electrical conduits, pull boxes, service connections, fuse holders, bus fuses and all other electrical components necessary to construct the improvements. It shall be the applicant’s responsibility to trace the circuits. It is the applicant’s responsibility to coordinate with PG&E to get the necessary power to these new improvements. If power is to be tapped into an existing streetlight circuit, voltage drop calculations shall be included in the plans. All fees, permits and dues associated with these improvements will be paid for by the developer. The final streetlight design, including the placement and total number of new post top streetlights, shall be approved by the City Engineer. Lighting improvements on El Camino Real shall also be approved by Caltrans if necessary.
j. STREET MARKINGS – The applicant shall install necessary street markings of a material and design approved by the Director of Public Works or designee and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs and handicap markings. All permanent pavement markings shall be thermoplastic. Color and location of painted curbs shall be shown on the plans and subject to approval by the Director of Public Works or designee. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, sand blasting if in paint. Once installed, the applicant shall coordinate with City crews to mark any red curb within the proposed City right-of-way with a City seal. (PUBLIC WORKS)
44. STORM DRAIN INLETS AND WATERWAYS - Per the San Mateo Countywide Water Pollution Prevention Program’s C.3 requirements, the applicant shall mark with the words “No Dumping! Flows to Bay,” or equivalent, using methods approved by the City standards on all storm inlets surrounding and within the project parcel. (PUBLIC WORKS)
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45. ADDRESS PLAN - The applicant shall submit to the Public Works Director or designee a final address plan.
The plan shall be substantially in conformance with the address plan approved with the planning application. Said submittal shall be approved by the Public Works Director or designee prior to the submittal of plans for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first. (PUBLIC WORKS)
46. TRIANGULAR AREA OF VISIBILITY – Landscaping and permanent structures located within the 10' triangular area of visibility at the driveway shall have a minimum vertical clearance of 7', and/or be less than 3' in height. This includes all PG&E above ground structures and other utility facilities. (PUBLIC WORKS)
47. UNDERGROUND (COVERED) PARKING GARAGE DRAINAGE - Water from the underground (covered) parking garage shall not be discharged onto the public street. The applicant shall design a storm system to separate the oil and water and connect to the City's sanitary sewer system. The design shall be done by a licensed Civil Engineer who shall provide hydraulic calculations and drawings subject to the approval of the City Engineer. (PUBLIC WORKS)
48. CALTRANS PERMIT - Prior to the issuance of a foundation building permit, the applicant must submit evidence to the Public Works Director or designee of approval by the State of California for the performance of any work within the State right of way. If the City is required to be a party to the permit application and a fee is required, the applicant shall reimburse the City for its cost. The Applicant is encouraged to contact the Caltrans permit office as soon as possible to learn what is required to obtain Caltrans approval and issuance of a State Encroachment Permit. (PUBLIC WORKS) The following conditions shall be addressed on the construction plans submitted for A BUILDING PERMIT FOR THE SUPERSTRUCTURE and shall be satisfied prior to issuance of this permit, or if another deadline is specified in a condition, at that time.
Public Works Department (PA)
49. The construction plans shall conform to the current California Building Code.
50. SANITARY SEWER CONNECTION CHARGE – The applicant shall pay a fee proportional to the project’s share of the increase amount of sewage generated by the project. The fee will be based upon the City Council resolution in effect at the time the building permit issuance. The fee shall be collected by the Public Works Department and paid prior to issuance of the first superstructure building permit. (PUBLIC WORKS)
51. TRANSPORTATION IMPROVEMENT FEE – The applicant shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulative development within the City of San Mateo.
The fee amount will be based upon the City Council resolution in effect at the time of building permit issuance. The fee shall be collected by the Public Works Department and paid prior to issuance of the first superstructure building permit. (PUBLIC WORKS)
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52. WASTEWATER TREATMENT PLANT PHASE II IMPACT FEE – The applicant shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulative development within the City of San Mateo. The fee amount will be based upon the City Council resolution in effect at the time of building permit issuance. The fee shall be collected by the Public Works Department and paid prior to issuance of the first superstructure building permit. (PUBLIC WORKS)
53. PARK IN-LIEU FEES – The applicant shall pay a park in-lieu fee instead of dedication of lands for park and recreation purposes (park in-lieu fee) (SMMC Chapter 26.64). The final fee shall be determined upon approval of the final map for the park in-lieu fee. The park in-lieu fee shall be paid prior to issuance of the first building superstructure permit. (PUBLIC WORKS).
Fire Department – San Mateo Consolidated (PA)
54. A Fire Control Room shall be provided for this project. Refer to San Mateo Consolidated ordinance for more information.
55. A Knox brand key switch to shut off the PV system shall be provided in the Fire Control Room.
56. A third-party test shall be conducted to determine if the building shall require an Emergency Responder Radio Coverage System.
The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first, or if another deadline is specified in a condition, at that time.
Building Division (PA)
57. ART IN PUBLIC PLACES – The applicant shall be required to comply with Section 23.60 of the San Mateo Municipal Code for Art in Public Places. This condition shall be met in accordance with Section 23.60.050 prior to the issuance of a Certificate of Occupancy. (BUILDING) Planning Division (PA)
58. LETTER OF ARCHITECTURAL COMPLIANCE – The designer or architect of record shall submit a stamped and signed letter of compliance that the construction is consistent with the approved building permit plans, prior to scheduling the final Planning Division inspection. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PLANNING)
59. FINANCIAL SECURITIES FOR ONSITE PRIVATE LANDSCAPING - The applicant shall submit a cost estimate and financial securities in a form and amount satisfactory to the Zoning Administrator sufficient to ensure the installation of all approved on-site private landscape improvements including all new trees. The applicant shall request a follow-up inspection by the Planning Division in accordance with Section
27.71.060 of the Municipal Code in order to reclaim financial securities for landscaping. This condition 157 of 324
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shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PLANNING)
60. VERIFICATION OF COMPLIANCE WITH ACOUSTICAL ANALYSIS – The applicant shall submit a letter prepared by the person/firm who prepared the acoustical analysis for the project, verifying that all recommendations contained in the analysis have been incorporated into the construction of the project.
The letter shall also verify that the project will comply with the noise requirements contained in the City’s General Plan. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PLANNING)
61. PLANNING DIVISION INSPECTIONS – The applicant shall notify the project planner for inspections related to construction of all structures, landscaping, and other site improvements. The notification request shall be given at least 72 hours prior to the requested time for inspection. (PLANNING)
62. VERIFICATION OF LANDSCAPE INSTALLATION – The applicant shall submit a letter prepared by the project landscape architect stating that all landscape improvements (including trees, shrubs, and irrigation systems) have been installed in compliance with the approved landscape plans submitted to the City for construction. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PLANNING) Public Works Department (PA)
63. STORM WATER TREATMENT FACILITIES MAINTENANCE AGREEMENT – The applicant shall execute a maintenance agreement with the City’s Director of Public Works as specified in Chapter 7.39.210-230 of the Stormwater Management and Discharge Control ordinance. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. This agreement shall be executed prior to the first occupancy of the building. (PUBLIC WORKS)
64. RECORD DRAWINGS - The applicant shall submit one full set of original record drawings and construction specifications for all off-site improvements to the Department of Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the as-builts in the AutoCAD Version being used by the City at the time of completion of the work. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
65. RESTORATION OF ROADWAY – Due to the anticipated project’s truck traffic the applicant shall grind and overlay with 0.20 feet of asphalt concrete the roadways anticipated to be damaged as a result of construction activities within the general area of the project or along the designated haul route. If the street abutting the property has been classified as being in a failed condition or a Pavement Condition Index (PCI) of 50 or below, the applicant will be required to reconstruct the street. Limits of the roadway repair shall be the property frontage along Engle Road and W. Santa Inez Avenue. The City Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS)
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The following conditions shall be met prior to the approval of the FINAL MAP, or if another deadline is specified in a condition, at that time.
Public Works Department (PA)
66. SUBDIVISION IMPROVEMENT AGREEMENT – If the applicant wishes to have the final map approved prior to the completion of the project’s public improvements, the applicant shall enter into a subdivision improvement agreement with the City per Gov. Code Section 66462(a), and shall arrange to provide security for the remaining public improvements to be completed. The agreement will be forwarded to the City Council for approval with final map. (PUBLIC WORKS) The following shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition, at that time.
Building Division (PA)
67. BUILDING CONSTRUCTION ACTIVITIES - In order to control traffic congestion, noise, and dust, and pursuant to the San Mateo Municipal Code, site excavation, grading and construction shall only be permitted between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Friday, between 9:00 a.m. and 5:00 p.m. on Saturday, and between 12:00 noon and 4:00 p.m. on Sundays and holidays. These hours do not apply to construction work that takes place inside a completely enclosed building and does not exceed the exterior ambient noise level as measured 10 feet from the exterior property lines.
The allowed hours of building construction activities may be waived or modified through an exemption from the hours of work designated in Section 23.06.060 of the San Mateo Municipal Code, for limited periods, if the Building Official finds that the following criteria are met:
a. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; or b. An emergency situation exists where the construction is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the City may waive any of the remaining requirements outlined below. c. The exemption will not conflict with any other conditions of approval required by the City to mitigate significant impacts.
d. The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area.
This notification must be provided three days prior to the start of the construction activity. e. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by an interested member of the public. f. The Building Official may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction. The waiver application must be submitted to the Building Official ten (10) working days prior to the requested date of waiver. Any other building construction hour agreements between property owners and adjacent property owners shall adhere to the City's Code.(BUILDING)
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Fire Department (PA)
68. FIRE-SAFETY DURING DEMOLITION: Building(s) under construction or demolition shall comply with the California Fire Code. In addition to the requirements of Chapter 14, the following items shall be followed during the demolition of any structure. Where an existing standpipe exists within a building it shall be maintained in operable condition for use by the fire department at all times during construction including during demolition. Such standpipe shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished. (FIRE)
69. FIRE SAFETY DURING CONSTRUCTION: Buildings under construction shall comply with the requirements of the California Fire Code. All additional fire permits required by the California Fire Code shall be obtained from the Bureau of Fire Protection and Life Safety. (FIRE) Planning Division (PA)
70. HERITAGE TREE PROTECTION MEASURES – All approved and installed Heritage Tree protection measures shall be maintained throughout the period of construction. The Contractor shall notify the Project Arborist in advance when construction operations are to be performed within the drip line of protected trees (e.g. trenching, excavation, grade changes). Adjustment of tree protection measures requires approval from the Project Arborist. The Project Arborist shall complete inspections on an as-need basis during the construction period and shall submit a monthly report of his/her findings in a letter sent by fax or email to the City Planner assigned to this project. (PLANNING)
71. TEMPORARY CONSTRUCTION PRIVACY FENCE –A solid temporary construction privacy fence shall be constructed on the adjacent property at 12 West Santa Inez Avenue and 15 Engle Road at the location identified by the property owner(s) and agreed upon by the applicant. If a property owner denies permission to construct the fence on their property, the applicant shall not be required to construct a temporary fence on that side. The temporary fence shall be chain link with a solid screening material.
The fence shall be installed prior to the issuance of building permits and shall remain in place until construction is completed. The privacy fence shall adhere to Sections 27.84.010 and 23.54.110 of the San Mateo Municipal Code. (PLANNING)
Public works Department (PA)
72. GROUND WATER DISCHARGE –In accordance with the City’s Municipal Code, Discharge of Ground Water (SMMC 7.38.150), the Director of Public Works may approve the discharge of ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the Public Works Department. (PUBLIC WORKS)
73. PUBLIC WORKS CONSTRUCTION ACTIVITIES - The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading and construction:
a. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m. Please note, however, that no work shall be allowed to take place within the City right-of-way after 5:00 p.m. In addition, no work being done under the 160 of 324
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issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by Public Works. Earth haul and materials delivery to and from the site, including truck arrivals and departures to and from the site, will be prohibited between the weekday hours of 4:00 p.m. - 5:30 p.m. Signs outlining these restrictions shall be posted at conspicuous locations on site. The signs shall be per the City Standard Drawing for posting construction hours.
The sign shall be kept free of graffiti at all times. Contact the Public Works Department to obtain sample City Standard sign outlining hours of operation. b. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the City Engineer finds that:
c. The following criteria are met:
i. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; or
ii. Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the City Engineer. iii. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the City may waive any of the remaining requirements outlined below.
a. The exemption will not conflict with any other condition of approval required by the City to mitigate significant impacts.
b. The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification must be provided three days prior to the start of the extended construction activity. c. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
The City Engineer may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction. The waiver application must be submitted to the Public Works Construction Inspector ten (10) working days prior to the requested date of waiver. d. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.
e. Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the City Engineer, for any lane or sidewalk closures. The detour plan shall comply with Part 6, Temporary Traffic Control, of the State of California Manual of Uniform Traffic Control Devices (MUTCD), 2012, and standard construction practices. (PUBLIC WORKS)
161 of 324
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74. BEST MANAGEMENT PRACTICES (BMP) – The applicant shall perform all construction activities in accordance with the City’s Storm Water Management and Discharge Control Rules and Regulations (SMMC 7.38.020), and the San Mateo Countywide Water Pollution Prevention Plan (SMCWPPP) by reference. Detailed information can be located at: http://flowstobay.org/brochures (PUBLIC WORKS)
75. MATERIAL HAULING AND CONSTRUCTION WORKER PARKING - For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route that conforms to City of San Mateo Municipal Code Section 11.28.040 for the approval of the City Engineer. The haul route for this project shall be:
a. Site to N. El Camino Real to Peninsula Avenue to Highway 101 or Site to N. El Camino Real to Highway 92.
A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Public Works Director or designee, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on site. Any job related dirt and/or debris that impacts the public right of way shall be removed immediately. No wash down of dirt into storm drains will be allowed.
All material hauling activities shall be done in accordance with applicable City ordinances and conditions of approval. Violation of such may be cause for suspension of work.
The applicant shall provide a construction-parking plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Public Works Director or designee prior to issuance of City permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the City permits. (PUBLIC WORKS) The following conditions shall be complied with AT ALL TIMES that the use permitted by this planning application occupies the premises.
City Attorney (PA)
76. PENALTY – In accordance with San Mateo Municipal Code section 27.02.210-Violations of Planning Application Conditions, any violation of any of the conditions of approval is unlawful and will subject the applicant to the penalties set forth in Chapter 1.04-General Penalty of the San Mateo Municipal Code as well as any other available legal remedies. (CITY ATTORNEY)
77. INDEMNIFICATION – The applicant will defend, indemnify, and hold harmless the City of San Mateo, its elected and appointed officials, employees, and agents from and against any costs, claims, or liabilities arising out of the approval of this planning application, including, without limitation, any award of attorney fees that might result from a third-party challenge. If the applicant is required to 162 of 324
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defend the City, the City shall retain the right to select the counsel who shall defend the City. (CITY
ATTORNEY)
Planning Division (PA)
78. AUTOMATED MECHANICAL PARKING OPERATION ONGOING MAINTENANCE AND STATUS REPORT REQUIREMENT - The Property Management or Homeowners Association (HOA) representative shall maintain the mechanical parking system and keep them operational at all times. The HOA shall enter into a maintenance agreement with the manufacturer of the parking system for the maintenance of all the system on the project site. As part of the contract with the manufacturer, the HOA shall sign up for the maximum level of maintenance service provided by the manufacturer.
The HOA shall be required to provide training in the use and operation of the mechanical parking system in accordance with the manufacturer's standards. This training shall be provided to all occupants and owners of the building in perpetuity.
The HOA shall submit the maintenance agreement and an Annual Report no later than December 31st annually to the Zoning Administrator. The maintenance agreement shall be with the manufacturer of the installed mechanical parking system or a comparable mechanical parking system maintenance firm. The maintenance plan shall outline the yearly maintenance requirements and safety checks necessary to keep the mechanical parking system in proper working order. Remote monitoring shall be provided at all times in the event of an emergency, a one-hour response time should be provided to the extent practicable. The Annual Report shall provide a detailed report on the mechanical parking system operation, including but not limited to, any maintenance problems, operational issues, vehicular accidents, queueing, and resident complaints.
Emergency contact information and maintenance service contact information shall be posted visibly. (PLANNING)
Public Works Department
79. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP) – In accordance with the City’s Storm Water Management and Discharge Control Rules and Regulations (SMMC 7.38.020), and the San Mateo Countywide Stormwater Management Plan (SWMP) by reference, the applicant shall:
a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per year and sweep parking lots immediately prior to and once during the storm season. b. The applicant shall pay a fee on a yearly basis for cost associated with, but not limited to, biannual inspection of the private storm drain facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. The annual fee shall be in the amount of $500.00 with an annual increase, if necessary to recover the City’s costs of inspection, in the amount of any CPI increase.
c. Label new and redeveloped storm drain inlets with the phrase “No Dumping – Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available from the Department of Public Works. 163 of 324
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d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum-based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. (PUBLIC WORKS) 164 of 324
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DATE
SCALE
DRAWN
JOB NO.
SHEET
OF SHEETS
335-A EAST FOURTH AVENUE
SAN MATEO, CA 94401
TELE: (650) 340-1107
FAX: (650) 340-1677
JOHN
MATTHEWS
ARCHITECTS
FEBRUARY 1, 2016
AUGUST 24, 2016
MARCH 1, 2017
7/27/2017 2:05:32 PM \\Server\d\JOB FILES\a-Commercial\14555-West Santa Inez Condominiums\05-Planning\West Santa Inez DD14_2018.rvt
A-0.2
JUNE 15, 2017
MK
14555
WEST SANTA INEZ CONDOMINIUMS
4 WEST SANTA INEZ & 1 ENGLE ROAD
SAN MATEO, CA
RENDERINGS
TONY GUNDOGDU
PLANNING
APPLICATION
EL CAMINO REAL LOOKING NORTH + WEST TO WEST SANTA INEZ WEST SANTA INEZ LOOKING EAST TOWARD EL CAMINO REAL EL CAMINO REAL LOOKING SOUTH + WEST TO ENGLE AERIAL VIEW Revision Schedule
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LANDSCAPE NOTES
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28 trees/2520 sfRU5 trees/400 sf
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LANDSCAPE AREA CALCULATIONS
Total landscape area
Total square footage of all ground level patios, decks and plazas: 2520 sf
3185 sf
80%
20%
BIO-RETENTION PLANTS,
TYP . ALL PODIUM
PLANTERS
223 of 324
ARCHITECTS
MATTHEWS
JOHN
W. SANTA INEZ CONDOS
4 W. SANTA INEZ AVE
SAN MATEO, CA 94401
CA PROJECT # 15042
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224 of 324
ARCHITECTS
MATTHEWS
JOHN
W. SANTA INEZ CONDOS
4 W. SANTA INEZ AVE
SAN MATEO, CA 94401
CA PROJECT # 15042
&RQVXOWDQW
New Trees:
A minimum number of trees equivalent to (a), above, must be planted (or existing on the site). In order to make up the required LU value from the removal of trees, additional or larger trees may be planted. If the LU value shown at (e) is not equal or greater than (d), then an in-lieu fee must be paid to the City’s street tree planting fund at the rate defined annually in the City’s Comprehensive Fee Schedule for each deficient LU.
New Trees Being Planted
Total LU Value of new trees being proposed: 68 (e)
Fees Owed to the City Street Tree Planting Fund:
If (d) is greater than (e), there will be an LU value deficit calculated as follows:
[d – e = 83.5 x $294 = $ 24, 549
(151.5 - 68 = -83.5) LU value of trees removed exceeds LU value of proposed trees so $24, 549 is owed to the City.
Q:\CDD\Planning\FORMS\Trees Preservation & Site Development\Required Tree Planting Form.doc Quantity Size LU Value Total LU Value
15 gallon 1
16 24 inch box 2 32
12 36 inch box 3 36
48 inch box 4
Required Trees:
As per the requirements of the Zoning Code, Section 27.71 – Landscape, all projects must have a minimum ratio of 1 tree per 400 square feet of landscaped area. Existing trees that are a minimum of 6 inch diameter may count toward this total. Any trees with a 6 inch or greater diameter that are being removed must be replaced with an equivalent value of trees. Values are to be determined as stated in Section 27.71.180 of the zoning code and recorded on the Tree Evaluation Schedule and/or any required arborist report.
Landscape Area:
2520 sq. ft. ÷ 400 = ` 6.3 (a)
Number of existing trees with a 6 inch or greater
diameter to be preserved:
Landscape Unit (LU) value deficit from the
Tree Evaluation Schedule:
Minimum LU value to be replaced and/or met
1 146.2
151.5
(b)
(c)
through payment of in-lieu fees: [a – b + c = d] (d)
Required Tree Planting
ENGLE ROAD
EL CAMINO REAL
WEST SANTA INEZ AVENUE
225 of 324
ARCHITECTS
MATTHEWS
JOHN
W. SANTA INEZ CONDOS
4 W. SANTA INEZ AVE
SAN MATEO, CA 94401
CA PROJECT # 15042
226 of 324
ARCHITECTS
MATTHEWS
JOHN
W. SANTA INEZ CONDOS
4 W. SANTA INEZ AVE
SAN MATEO, CA 94401
CA PROJECT # 15042
&RQVXOWDQW
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MULTI-FAMILY RESIDENTIAL DATA FORM
NAME: 4 West Santa Inez
Condos
PA: 15-104 ADDRESS: 4 West Santa Inez
Avenue / 1 Engle Road
LOT SIZE: 10,763 square feet ZONING: R4 APN: 032-075-010 / 032-075-100
FLOOR AREA
Residential (net):
Leasing/Common Area1:
TOTAL:
PROPOSED
13,643 square feet
1,679 square feet
15,322 square feet
MAXIMUM ALLOWED
16,145 square feet
F.A.R.: 0.97 1.5
RESIDENTIAL DENSITY: 40 units/acre 40 units/acre
BLDG. HEIGHT:
Floors 1 – 3:
Floor 4 (intermediate plate
height):
30 feet
34 – 38 feet
46-feet 9-inches
STORIES: 4 -
UNITS: 10 10
UNIT TYPE
1-Bedroom:
2-Bedroom:
3-Bedroom+:
TOTAL:
UNITS
1 3
_6_
10 PROPOSED SIZE
766 square feet
1,008 – 1,370 square feet
1,442 – 1,825 square feet
13,643 square feet
MINIMUM SIZE
540 sf
750 sf
960 sf
SETBACKS:
Floors 1 -3:
Front (Santa Inez Avenue):
Front (Engle Road):
Street Side (El Camino Real):
Interior Side:
Floor 4:
Front (Santa Inez Avenue):
Front (Engle Road):
Street Side (El Camino Real):
Interior Side:
PROPOSED
15 feet
15 feet
15 feet
15 feet
18 feet
26.5 feet
20.5 feet
19.5 feet
MINIMUM REQUIRED
15 feet (1/2 building height)
15 feet (1/2 building height)
15 feet (1/2 building height)
15 feet (1/2 building height)
18 feet (25% of building width)
18 feet (25% of building width)
18 feet (25% of building width)
18 feet (25% of building width)
PARKING:
Resident (1.6-2.0/du):
Visitor (0.2/du):
TOTAL PARKING:
PROPOSED
17 underground automated
4 underground traditional
2 unrestricted stalls
23 MINIMUM REQUIRED
19 --
2 21
COVERED PARKING: 23 21
LOADING ZONE: 0 (not required) 0 (required for >50 units)
BICYCLE PARKING
1-Bedroom:
2-Bedroom:
3-Bedroom+:
TOTAL:
UNITS
1 3
_6_
10 Short-term
___
2 Long-term
___
19 Short-term
0.05 (0.05/du)
0.30 (0.10/du)
0.90 (0.15/du)
1.25 Long-term
1.00 (1.00/du)
3.75 (1.25/du)
9.00 (1.50/du)
14 FOOTNOTES:
1. Includes leasing area, lobby, mechanical rooms, trash rooms, fitness center, enclosed covered corridors, storage areas, community room, lounge and pool equipment room.
228 of 324
June 28, 2017
Ms. Lily Lim
Department of Community Development
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403-1388
RE: West Santa Inez Condominiums
Dear Lily:
I visited the site and have prepared multiple review letter in the last several months. My comments on the revised draw- ings are as follows:
SITE CONTEXT
The site is located on El Camino Real in an area where higher intensity uses have been developed nearby. The other frontages on West Santa Inez Avenue and Engle Road are dominated by small scale single family homes. Photographs of the site and surroundings are shown on the following page.
ARCHITECTURE PLANNING URBAN DESIGN
229 of 324
Immediately adjacent homes on Engle Road
Nearby single family homes on Engle Road
Existing House on the site (right) and adjacent
two-story home on West Santa Inez Avenue
Existing House on the site at the El Camino Real and
Engle Road corner
Homes Immediately across Engle Road
Nearby single family homes on Engle Road
Multifamily development immediately across
West Santa Inez Avenue Nearby single family homes on
West Santa Inez Avenue
West Santa Inez Condominiums
Design Review Comments
June 28, 2017 Page 2
230 of 324
ISSUES AND CONCERNS
The proposed development has a relatively small footprint and would be surrounded by substantial landscaping - see landscape plan superimposed on the aerial photo below.
The project is well designed. Embedding the fourth floor within the roof form, as proposed, will reduce the visual mass of the structure to better relate to the nearby single family homes neighborhood.
West Santa Inez Condominiums
Design Review Comments
June 28, 2017 Page 3
231 of 324
The proposed massing and architectural details carry around all sides of the structure, as shown in the other elevations below.
West Santa Inez Avenue Elevation
El Camino Real Elevation
West Interior Lot Line Elevation
West Santa Inez Condominiums
Design Review Comments
June 28, 2017 Page 4
232 of 324
While the proposed structure is larger than the homes in the adjacent neighborhood, the building mass has been articu- lated to relate to the smaller scale of the adjacent single family neighborhood with horizontal facade plane changes that break the building up into components that are similar to the module of the smaller homes. The proposed design also provides material changes that relate to nearby homes, and as well as individual home entries on West Inez Avenue and Engle Road. The only area that I was able to identify as problematical is the Engle Road elevation which has a two-story height differential between this project and the immediately adjacent single family home. However in my judgment, the large trees proposed at the west property line and the street trees will substantially mitigate this height differential.
There are, however, a few concerns that staff may wish to discuss further with the applicant. My concerns and recommen- dations are as follows.
PARKING ACCESS AND LAYOUT
In my earlier review letters, I drew attention to three issues related to the garage.
1. Accessing the parking at the turn located at the bottom of the garage access ramp may be difficult - see illustration below. This issue has also been highlighted in Hexagon T ransportation Consultants report:
Parking Access and Layout
The underground parking garage would be accessible from a single full access driveway on West Santa Inez Avenue in the southwest corner of the project site .... There are one standard parking stall and one handicapped stall shown outside the gate. The standard stall is shown to be accessed from a ramp with a slope of 1 in 15 (6.67%). While this conforms to the maximum allowable slope for parking spaces, it would involve making a multiple point turn to access the parking space.
Substantial changes were made to the garage since my original review letter including an improved internal pedestrian link and the addition of a pony wall for visibility into the guest parking space.
West Santa Inez Condominiums
Design Review Comments
June 28, 2017 Page 5
233 of 324
ELEVATIONS
1. The strong vertical emphasis created by the stacked balconies with continuous vertical supports and top floor posts supporting the trellises makes the building appear taller, and more difficult to relate this larger structure to the adja- cent small scale single family homes..
2. The top floor trellises are adding bulk to the building which is also working against creating a good relationship with the adjacent homes.
West Santa Inez Condominiums
Design Review Comments
June 28, 2017 Page 6
234 of 324
Recommendations:
1. Revise the balconies to provide more of a horizontal emphasis - see illustrative recommendations below.
2. Remove all top floor trellises.
I have no further recommendations for changes.
Lily, please let me know if you have any questions, or if there are specific issues of concern that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
West Santa Inez Condominiums
Design Review Comments
June 28, 2017 Page 7
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City Hall
330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
CITY OF SAN MATEO
Regular Meeting Minutes - Final
Planning Commission
COMMISSION MEMBERS
Dianne Whitaker, Chair
Eric Rodriguez, Vice Chair
Charlie Drechsler
John Ebneter
Pamela O'Leary
Tuesday, August 8, 2017
Council Chambers 7:30 PM
CALL TO ORDER
Pledge of Allegiance
Roll Call
Commissioner John Ebneter, Commissioner Pamela O'Leary, Chairperson Dianne Whitaker, Vice Chair Eric Rodriguez, and Commissioner Charlie Drechsler
Present 5 -
CONSENT CALENDAR
1. Approval of the Regular Meeting Minutes for July 25, 2017 Commissioner Drechsler moved to approve the minutes as presented. Motion seconded by Commissioner Ebneter and approved by unanimously by a voice vote.
Approved
PUBLIC COMMENT
Arnold Rodman, San Mateo: Considers San Mateo suburbia, downtown was described an "urban downtown area" at recent planning meeting, one report tonight refers to an “urban environment”. When did San Mateo go from “suburban” to an “urban”?; asked if this is way we want to be classified and if this is density we want. Believes an explanation is needed. There were no other speakers. The Chair closed the Public Comment period.
PUBLIC HEARING
2. 4 West Santa Inez Condos - 4 West Santa Inez / 1 Engle Road (PA15-104) Lily Lim, Associate Planner, reviewed the application with a PowerPoint presentation. Commission had no questions of staff at this point. Applicant Jack Matthews, addressed the Commission with a presentation.
The Chair opened the comment period for this item. Speakers: Mary Diepenbrock, San Mateo, Michael Harrigan, San Mateo, Yolanda Crosby, San Mateo, Mary Cravalho, San Mateo, James Cravalho, San Mateo, Eileen McKague, San Mateo, Brian McKague, San Mateo, Jodie Penner, San Mateo, Mark Penner, San Mateo, Arnold Rodman, San Mateo, Patricia Bordin, San Mateo, Christopher Angelo, San Mateo, San Mateo, Virginia McIssac, San Mateo, Clara Weissmiller, San Mateo, Thomas Weissmiller, San Mateo, Gerry Wentworth, San Mateo, Peter Douglas, San Mateo, Craig Jory, San Mateo, Tom Thompson, San Mateo, Adam Loraine, San Mateo, Richard Hedges, San Mateo. Comments: A majority of speakers expressed opposition to the project. A petition was submitted on behalf of Meg Horrigan (Nextdoor) showing 85 residents oppose and 3 support this project. Speakers commented about: Mass, density, existing and expected street parking and traffic conditions, ingress and egress, driveway location/intersection, visibility, pedestrian and automobile safety; public safety (vehicle break-ins and fire trucks), CityLift automated parking system, tree removal, plans for construction site parking and storage, history of owner violations, history of rejected project proposals, concerns of adjacent neighbors, and other