Agenda packet, regular meeting — San Mateo City Council, April 4, 2022

CITY OF SAN MATEO
City Council Regular Meeting
April 4, 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: April 4, 2022 Zoom Meeting To join via telephone: (408) 638-0968
Conference ID: 829 1688 5277 Passcode: 679025

CALL TO ORDER
Pledge of Allegiance
Roll Call

CEREMONIAL

1. National Poetry Month

2. National Public Safety Telecommunicators Week

3. Fair Housing Month

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.

4. City Council Meeting Minutes - Approval
Approve the minutes of the City Council Special and Regular meeting of March 21, 2022.

5. Ordinance Adoption – Disposable Food Service Ware Code Amendment Adopt an Ordinance to amend the San Mateo Municipal Code Chapter 5.89 "Disposable Food Service Ware" to align with the new State laws.

6. 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 May 4, 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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7. Delaware Street Relief Sewer and Underground Flow Equalization System – Interagency Amendment Approve Amendment No. 1 to the Service Agreement with the Peninsula Corridor Joint Powers Board for the Delaware Street Relief Sewer and Underground Flow Equalization System projects in the estimated amount of $11,210, for a total agreement estimate of $144,258.96; and authorize the Mayor to execute the amendment in substantially the form presented.

8. Dale Avenue Pumping Station Upgrade – Contingency Increase Approve an increase to the contingency reserve associated with the Anvil Builders, Inc. construction contract for the Dale Avenue Pumping Station Upgrade project in the amount of $1,410,000, and authorize the Public Works Director to issue change orders within the contingency amount.

9. Wastewater Treatment Plant SCADA Monitoring and Upgrade – Agreement Adopt a Resolution to approve an alternative purchasing procedure for an agreement with Technology Management Professionals dba TMPros to monitor, upgrade, and maintain the Supervisory Control and Data Acquisition (SCADA) system at the Wastewater Treatment Plant in the amount of $27,400 and authorize the Public Works Director to execute the agreement in substantially the form presented.

10. Downtown San Mateo Grade Separations Project – Grant Funding Adopt a Resolution to authorize an application for the Rebuilding American Infrastructure with Sustainability and Equity Grant Program to fund the development of a project study report, preliminary engineering plans, and environmental planning documents to assess the Downtown San Mateo Grade Separations Project.

11. City-wide Operations Management System – Purchase Agreement Adopt a Resolution to approve an alternative purchasing procedure for a three-year renewal of a purchasing agreement with Cartegraph Systems, LLC for software subscription, cloud hosting, and technical support in the amount of $354,760, and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

12. Service Employees International Union Local 521 Maintenance Unit – Memorandum of Understanding Amendment
Adopt a Resolution to amend the Memorandum of Understanding with the Service Employees International Union (SEIU) Local 521 Maintenance Unit for salary increases and a term through June 22, 2024.

13. San Mateo Police Sergeants’ Association – Memorandum of Understanding Amendment Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo Police Sergeants’ Association for a term through June 22, 2024.

14. Local Agency Investment Fund – Investment Authorization Adopt a Resolution to authorize investment of monies in the Local Agency Investment Fund.

15. Fiscal Year 2020-21 Single Audit – Acceptance
Formally accept the single audit for the fiscal year ended June 30, 2021.

16. School Crossing Guards 2022-23 – Agreement
Approve an agreement with the San Mateo-Foster City School District for school crossing guards in the amount of $78,000 and authorize the Chief of Police to execute the agreement in substantially the form presented. 2 of 245

17. 330 Villa Terrace – Property Owner Appeal of Relocation Benefits Adopt a Statement of Decision denying the appeal and upholding the notice to pay relocation benefits to a tenant who resides at 330 Villa Terrace.

18. Congressionally Directed Spending Project Request – Letters of Support Authorize letters of support signed by Mayor Bonilla to be submitted to Senator Feinstein, Senator Padilla, and Congresswoman Speier for Congressionally Directed Spending projects in San Mateo.

19. US 101/State Route 92 Area Improvement and Multimodal Project – Letters of Support Authorize Mayor Bonilla to send letters of support on behalf of the City of San Mateo to Secretary of Transportation Pete Buttigieg, Senator Feinstein, and Senator Padilla for the San Mateo County Transportation Authority's requests for grant funding and Congressionally Directed Spending.

20. Board and Commission Appointment Subcommittee – Senior Citizens Commission Appoint Mayor Rick Bonilla and Council Member Joe Goethals to the Senior Citizens Commission Appointment Subcommittee.

21. City Council Strategic Plan – Adoption
Adopt the City Council Strategic Plan for fiscal year 2022-23.

22. Water Conservation Month and “Wyland Mayor’s Challenge for Water Conservation” – Resolution Adopt a Resolution to proclaim the month of April as “Water Conservation Month” and to support citywide participation of the “Wyland Mayor’s Challenge for Water Conservation”.

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.

NEW BUSINESS

23. Ordinance Introduction – Sign Code Amendments
Introduce an Ordinance to amend San Mateo Municipal Code Title 25, “Signs” by updating definitions, revising regulations for signs in the public right of way, clarifying the permissible number and dimensions of signs, and making other miscellaneous changes.

24. Clean Water Program Costs – State Revolving Loan Approval Adopt a Resolution to approve documents and actions relating to a San Mateo-Foster City Public Financing Authority State Revolving Fund Loan.

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
------------------------------------------------------------------------------------------------------------------------------------------ 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.
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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.

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 245

CITY OF SAN MATEO
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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: 22-5759-03 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 4, 2022
SUBJECT:

City Council Meeting Minutes - Approval
RECOMMENDATION:

Approve the minutes of the City Council Special and Regular meeting of March 21, 2022.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Minutes 2022-03-21 Special
Att 2 – Minutes 2022-03-21 Regular

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
March 21, 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, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session to consider:

1. Conference with Legal Counsel – Existing Litigation, Workers’ Compensation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of Case: Shanna Hughes
Reconvened into open session at 5:40 p.m.

STUDY SESSION

2. 400 East 5th Avenue Parking Garage – Determination of Name Kathy Kleinbaum, Assistant City Manager, provided a presentation on potential names for the public garage being built as part of the 400 East 5th Avenue project known as Kiku. She noted Fifth Avenue is the working name of the garage. Alternative name suggestions were presented: South-East Garage, Railroad Avenue Garage, 5th and Railroad, and Kiku Garage.

Public Comment – Lisa Diaz Nash preferred Kiku Garage and commented on traffic calming specifics; Laurie Watanuki suggested Kiku Garage or Kiku Central Garage and requested further directional signage.

Council asked additional questions of staff. Discussion ensued on including geographic information such as the word ‘downtown’ and the need for the word ‘public parking’ to help people understand everyone can park there.

It was clarified that there will be a Japanese chrysanthemum as artwork on one of the garage’s two entrances.

Council, by consensus, preferred “Kiku Public Downtown Garage.”

3. Commercial Vacancy – Policy Review
Jennifer Chen, Economic Development Manager, provided an update on the status of vacancy rates in Downtown San Mateo and requested direction regarding policy options to discourage long-term commercial vacancies.

Council asked questions of staff.

Public Comment – John Brook commented on the impact of internet shopping on commercial vacancies. 6 of 245
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Council discussion ensued around the policy with thoughts expressed not to impose a commercial vacancy tax or registration at this time and potential consequences of the policy were discussed. Council would be interested in further information regarding unutilized vacant land; identifying prime real estate that has gone undeveloped and the need to create opportunities for those circumstances. Other ideas considered were the importance of encouraging people to shop locally. It was noted there are spaces that have been vacant for decades which dampen the vibrancy of downtown and a program for property owner outreach to those types of spaces were discussed and encouraged. Council provided direction to revisit a commercial vacancy tax or registration in the future or at the 2023 priority goal setting session.

ADJOURNMENT – The meeting adjourned at 6:38 p.m.

APPROVED BY: SUBMITTED BY:

Rick Bonilla, Mayor Patrice M. Olds, City Clerk 7 of 245
City Council Regular Meeting Minutes – 03/21/2022 Page 1 6 1
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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

March 21, 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. Society of Science / Regeneron Science Talent Search – San Mateo Finalists – Mark Hurwitz, Nueva School Physics Teacher, and Yash Narayan, Nueva Student commented

2. College of San Mateo 100th Anniversary – Jennifer Taylor-Mendoza, President, CSM and David McLain, Director of Community Relations and Marketing

3. Police Department Digital Forensic Unit – Forensic Partner Award from US Secret Service - Chief Ed Barberini, Shawn Bradstreet, Special Agent In Charge, U.S. Secret Service San Francisco Field Office; and Annette Bingham, Police Digital Specialist

CONSENT CALENDAR
The following items, 4 through 25, 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: Papan, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None

4. City Council Meeting Minutes - Approval
Approve the minutes of the City Council Special and Regular meeting of March 7, 2022.

5. 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 April 22, 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. 25 (2022)

6. Ordinance Adoption – Accessory Dwelling Unit Ordinance Amendments 8 of 245
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Adopt an Ordinance to amend San Mateo Municipal Code Chapter 27.19 – “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones” in accordance with changes to State law and to amend San Mateo Municipal Code Section 27.04.165 by adding a definition for “Junior Accessory Dwelling Unit.”

Enactment: Ordinance No. 2022-02

7. Ordinance Introduction – Disposable Food Service Ware Code Amendment Introduce an Ordinance to amend the San Mateo Municipal Code Chapter 5.89 "Disposable Food Service Ware" to align with the new State laws.

8. Poplar at Golf Course Trash Capture Project – Initial Study/Mitigated Negative Declaration Adopt a Resolution to adopt the Initial Study/Mitigated Negative Declaration for the Poplar at Golf Course Trash Capture Project.

Enactment: Resolution No. 26 (2022)

9. Facility Naming Policy – Adoption
Adopt a Resolution to approve the Parks, Open Space Lands and Public Facility Naming Policy.

Enactment: Resolution No. 27 (2022)

10. Central Park Playground and Memorial Grove Final Design and Construction Management Service – Agreement Approve an agreement with RRM Design Group for final design, construction documents and construction administration services for the Central Park Playground and Memorial Grove improvement project in the amount of $570,239; establish a contingency reserve of $50,000 for a total of $620,239; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

11. Enterprise Resource Planning Software Licensing, Maintenance and Support Services – Agreement Adopt a Resolution to approve an alternative purchasing procedure and approve a contract with Tyler Technologies, Inc. for Eden financial, human resources, and payroll annual maintenance and support in the amount of $109,355.46, and authorize Information Technology Director to execute the contract in substantially the form presented.

Enactment: Resolution No. 28 (2022)

12. State Route 92/El Camino Real Interchange Landscape Improvements Project – Funding Agreement Adopt a Resolution and approve a funding agreement between the City and the San Mateo County Transportation Authority for the State Route 92/El Camino Real Interchange Landscape Improvements Project.

Enactment: Resolution No. 29 (2022)

13. State Route 92/El Camino Real Interchange Landscape Improvements Project – Amendment No. 2 Approve Amendment No. 2 to the agreement with BKF Engineers for the State Route 92/El Camino Real Interchange Landscape Improvements Project for a no-cost extension to the term of services.

14. On-Call Professional Consultant Services
Approve amendments to extend the term of individual on-call professional consultant services agreements for no additional costs with Wilsey Ham, WRECO, and Bellecci & Associates until June 30, 2023. 9 of 245
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15. Off-Site Plan Review Services – Amendment
Approve Amendment No. 1 to the Professional Consultant Services Agreement with CSG Consultants, Inc. for off- site plan review services in the amount of $100,000, for a new contract total of $199,000, and authorize the Community Development Director to execute the amendment in substantially the form presented.

16. Wastewater Treatment Plant Nutrient Removal and Wet Weather Management Upgrade and Expansion Project – Detroit Drive Public Right-of-Way Easement Dedication
Adopt a Resolution to dedicate a Public Right-of-Way Easement for the Wastewater Treatment Plant Upgrade and Expansion Project at the adjacent northern section of Detroit Drive in substantially the form presented.

Enactment: Resolution No. 30 (2022)

17. Wastewater Treatment Plant Backup Generator Rental – Change Order Approve a Resolution to authorize an alternative purchasing procedure for a change order with HERC Rentals, Inc. for the rental of an emergency generator at the Wastewater Treatment Plant in the amount of $82,000, for a revised total amount not to exceed $172,000, and authorize the Public Works Director to execute the change order in substantially the form presented.

Enactment: Resolution No. 31 (2022)

18. East San Mateo Sanitary Sewer Lift Station Rehabilitation Project – Amendment Approve Amendment No. 5 with Schaaf & Wheeler for professional design services for the East San Mateo Sanitary Sewer Lift Station Rehabilitation Project in an amount not to exceed $871,424 for a total agreement amount of $2,062,184; increase the contingency reserve by $63,626 for a total contingency balance of $87,200; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

19. City Library Fines – Late Fee Elimination
Approve the elimination of late fines at all San Mateo public libraries.

20. Service Employees International Union Non-Merit Part Time Unit – Memorandum of Understanding Extension Adopt a Resolution to extend the Memorandum of Understanding with the Service Employees International Union (SEIU) Non-Merit Part Time Unit through June 10, 2023.

Enactment: Resolution No. 32 (2022)

21. San Mateo Management Employees Association - Memorandum of Understanding Amendment Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo Management Employees Association to modify the salary increases.

Enactment: Resolution No. 33 (2022)

22. San Mateo Police Officers’ Association – Memorandum of Understanding Amendment Adopt a Resolution to amend the Memorandum of Understanding with the City of San Mateo Police Officers’ Association for a term through January 6, 2024.

Enactment: Resolution No. 34 (2022)

23. Interactive Pandemic Healing Art Wall Project – Agreement 10 of 245
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Approve an Agreement with The Integrated Spirit, LLC for the temporary exhibition of a work of art for the "Interactive Community Healing Wall"; in an amount not to exceed $2,200 for materials and shared insurance costs from the Art in Public Places Fund, and authorize the Community Development Director to execute the Agreement.

24. General Plan, Housing Element, and Housing Successor Agency – 2021 Annual Progress Reports Accept the Annual Progress Reports for General Plan, Housing Element, and Housing Successor Agency, and direct the Community Development Director to file the reports with the State.

25. Sidewalk and Pedestrian Mall Outdoor Dining Encroachment Permit Program – Adoption Adopt a Resolution to approve an updated Outdoor Restaurant and Merchandise Display Encroachment Permit program in order to add outdoor dining in the pedestrian mall area and change the name of the applicable fee from Outdoor Restaurant Seating and Merchandise Display Encroachment Permit to Sidewalk and Pedestrian Mall Outdoor Dining Encroachment Permit in the Comprehensive Fee Schedule for 2021-22.

Enactment: Resolution No. 35 (2022)

PUBLIC COMMENT
Public Comment - Thays, Espestus Steakhouse, stated appreciation for having the parklet and requested roofs continue to be allowed on parklets.

OLD BUSINESS

26. Revenue Enhancement – Follow-up Discussion
Rich Lee, Finance Director, provided a presentation on opportunities for revenue enhancement and requested direction on whether to move forward with a revenue enhancement community survey for real property transfer tax and/or a sales tax ballot measure. Council asked questions of staff.

Public Comment – Rich Hedges stated property tax most palatable and cautioned on the sales tax proposal.

Council consensus was to pursue split survey polling for both taxes and expressed comfort with transfer tax at $2.5 to $3 million.

27. Stormwater Funding – Survey Findings
Sarah Scheidt, Regulatory Compliance Manager, and Jerry Bradshaw, SCI Consulting Group, provided a presentation and update on the Stormwater Funding Survey findings and outlined recommendations to move away from the Lagoon assessment; move forward on a Stormwater Fee; and continue with the fee study. Council asked questions of staff and the consultant.

Public Comment – Mark R. stated do fee after the sewer tax is grandfathered out and asked about infrastructure funds available from Federal sources. Rich Hedges commented on the history of the Lagoon and prior revenue measures.

Council expressed concerns with timing for community education and outreach and that the fee study would overlap with the revenue polling. City Manager Drew Corbett explained coordination will occur to limit overlap.

The next few months would be to focus on the strategy and develop a comprehensive outreach.

Council supported staff recommendations and looks forward to seeing further results of the fee study.

PUBLIC HEARING
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28. 330 Villa Terrace – Property Owner Appeal of Relocation Benefits Kristen Aiu, Code Enforcement Officer II, provided a presentation on property conditions at 330 Villa Terrace.

Christine Civiletti, Code Enforcement Manager and Linh Nguyen, Assistant City Attorney, were present to respond to questions. Council had no questions.

The Mayor opened the Public Hearing.

Appellant Presentation: Terry Michaud, Appellant and his attorney, provided a 15-minute presentation on factors to consider at the property and how the property is identified. Tenant Presentation: The tenant did not provide testimony. Public Comment was offered – there were no speakers.

Appellant Rebuttal: The Appellant made further points to support their stance. The Mayor closed the Public Hearing.

Staff clarified that the unit is classified as a one-bedroom unit; and does not meet the designation of an efficiency unit. Prasanna Rasiah, City Attorney, clarified the rules and decision-making process in front of Council and explained it is a two-step procedure with the formal decision coming back to Council on the Consent Calendar at the next meeting.

Council asked questions, commented, and concurred with recommendations noting the initial threshold question whether there was no additional housing within the unit was not met.

Motion to Deny the appeal and uphold the notice to pay relocation benefits to the tenant who resides at 330 Villa Terrace due to unlawful substandard living conditions pursuant to San Mateo Municipal Code Chapter 7.50 “Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units.” Motion passed 5-0.

Moved: Papan, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Lee highlighted the great service that Meals on Wheels provides to San Mateo seniors and encourages citizen involvement to participate in a ride along, as a way to learn to help out seniors.

ADJOURNMENT –The meeting adjourned at 9:35 p.m.

APPROVED BY: SUBMITTED BY:

Rick Bonilla, Mayor Patrice M. Olds, City Clerk 12 of 245

CITY OF SAN MATEO
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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: 22-5831-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 4, 2022
SUBJECT:

Ordinance Adoption – Disposable Food Service Ware Code Amendment RECOMMENDATION:

Adopt an Ordinance to amend the San Mateo Municipal Code Chapter 5.89 "Disposable Food Service Ware" to align with the new State laws.

BACKGROUND:

Ordinance Introduction date: March 21, 2022

NOTICE PROVIDED
All meeting noticing requirements were met. The City will send out a mailer to food facilities following the adoption of the amended ordinance. The County will lead engagement and outreach efforts with food facilities this summer in preparation for the October 1, 2022 ordinance enforcement date.

ATTACHMENTS
Att 1 – Proposed Ordinance

STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007
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CITY OF SAN MATEO

DRAFT ORDINANCE
AMENDING CHAPTER 5.89, “DISPOSABLE FOOD SERVICE WARE,” OF THE SAN MATEO MUNICIPAL CODE WHEREAS, an existing ordinance addressing disposable food service ware is codified at Chapter 5.89 of the San Mateo Municipal Code; and
WHEREAS, on October 5, 2021, AB 1276 was signed into law by Governor Gavin Newsom restricting the distribution of single-use food ware accessories (e.g., utensils, straws, condiment packets, etc.) at food facilities; and
WHEREAS, on October 5, 2021, AB 1200 was also signed into law by the Governor prohibiting the sale or distribution of food packaging containing perfluoroalkyl and polyfluoroalkyl substances (PFAS); and WHEREAS, the County of San Mateo has amended the County ordinance to match the requirements of AB 1276 and AB 1200; and
WHEREAS, these changes in state law necessitate amendments to Chapter 5.89, which will be consistent with the County ordinance.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 5.89.010 of the San Mateo Municipal Code is amended as follows:

5.89.010 Definitions
For purposes of this Chapter, the following terms have the following meanings:
(a) "Aluminum Foil-based" means any Disposable Food Service Ware composed entirely of aluminum, including but not limited to aluminum tray liners, aluminum foil, and aluminum foil baskets. (b) "City" means City of San Mateo or any entity authorized to perform City duties in a written agreement, which includes the County of San Mateo.
(c) “Compostable" means that an item or material:
(1) Meets standards for compostability from a certified/approved independent third-party approved by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as required; and/or
(2) Is any variation of acceptable materials that will break down or otherwise become part of usable compost in a safe and timely manner as determined by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as required; and (3) Is Natural Fiber-based. Compostable items may include those that are made entirely of Natural Fiber or Natural Fiber-based items that are coated or lined with biologically based polymer, such 14 of 245
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as, but not limited to corn or other plant sources (e.g., compostable plastics), if certified/approved by independent third parties approved by the County Manager or designee. “Compostable” does not include items made entirely or primarily of biologically based polymer (e.g., PLA, PHA, or other compostable plastic), even if labeled or certified as compostable. (d) "County" means the County of San Mateo.
(e) “Disposable” means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple re-use. (f) "Food Service Ware" means food contact products used for serving, distributing, holding, packaging, and/or transporting Prepared Food including, but not limited to plates, cups, bowls, trays, clamshell containers, boxes, utensils, straws, lids, and food contact paper (e.g., wraps, bags, tray liners, etc.). The term "Food Service Ware" includes Food Service Ware Accessories and Standard Condiment in Disposable packaging. (g) "Food Service Ware Accessories" include different types of Food Service Ware such as straws, stirrers, Utensils, condiment cups and packets, cocktail sticks/picks, toothpicks, napkins, cup spill plugs, cup sleeves, and other similar accessory or accompanying Food Service Ware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a Food Service Ware Accessory.
(h) “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption, as defined by the California Health and Safety Code Section 113789 or successor. It includes both permanent and temporary food facilities. For purposes of this Chapter, public schools are not included in the definition of Food Facility. (i) "Food Scrap Composting Method" means (1) self-hauling of food scraps to a permitted composting facility or a transfer station that accepts food scraps that will be transferred to a permitted composting facility for on-site compost processing, (2) food scrap compost collection service provided by a curbside hauler, or (3) on-site food scrap composting.
(j) "Healthcare Facilities" mean places that provide healthcare to the public. Healthcare Facilities include, but are not limited to hospitals, clinics, outpatient care centers, nursing homes, psychiatric care centers, medical offices, hospice homes, mental health and addiction treatment centers, orthopedic and other rehabilitation centers, urgent care, or birth centers.
(k) "Natural Fiber/Natural Fiber-based" means a plant or animal-based, nonsynthetic fiber, including but not limited to products made from paper, sugarcane, bamboo, wheat stems/stalk, hay, or wood. (l) "Non-Compostable" means not meeting the definition of Compostable set forth in this Chapter. (m) “Perfluoroalkyl and Polyfluoroalkyl substances (PFAS)" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (n) "Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions” mean either of the following:
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(1) PFAS has not been intentionally added to a product or product component. (2) The presence of PFAS in a product or product component is below 100 parts per million, as measured in total organic fluorine.
(o) "Polystyrene-based" means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene [EPS]) and clear or solid polystyrene known as oriented polystyrene.) (p) "Prepackaged Food" means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer and prepared at an approved source.
(q) "Prepared Food" means food or beverages that undergo a cooking or food preparation technique on the Food Facility's premises for consumption by the public. Cooking or food preparation technique includes, but is not limited to, the following: 1) Cooking methods, utilizing the application of heat, such as steaming, microwaving, simmering, boiling, broiling, grilling, frying, or roasting; 2) Beverage preparation, such as blending, brewing, steeping, juicing, diluting, or pouring; and 3) Food preparation techniques, such as defrosting, rinsing, washing, diluting, cutting, portioning, mixing, blending, assembling, coating, dipping, garnishing, decorating, or icing. Prepared Food does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance. (r) “Standard Condiments” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, and includes different types such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, and sugar/sugar substitutes. (s) “Takeout Food” means Prepared Food that is purchased to be consumed off a Food Facility’s premises. Takeout Food includes Prepared Food delivered by a Food Facility or by a third-party Takeout Food Delivery Service.
(t) “Takeout Food Delivery Service” is a service for online food ordering and delivery of Prepared Food from a Food Facility to a customer. This service can be provided directly by the Food Facility or by a third-party.

Section 2. Section 5.89.020 of the San Mateo Municipal Code is amended as follows:

5.89.020 Distribution of Disposable Food Service Ware Accessories and Standard Condiments Except as provided in Subsection (b), Food Facilities, for on-premise dining and off-premise dining (e.g., Takeout Food Delivery Service, catering off-site, etc.), shall not provide any Disposable Food Service Ware Accessories or Standard Condiments in Disposable packaging to a consumer (a) unless the specific type of Disposable Food Service Ware Accessory (including different types of utensils) or specific type of Standard Condiment is requested by the consumer. 16 of 245
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(b) Food Facilities may ask a drive-through consumer if the consumer wants a specific type of Disposable Food Service Ware Accessory (including different types of utensils), if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food. (c) Disposable Food Service Ware Accessories and Standard Condiments in Disposable packaging provided by Food Facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of Disposable Food Service Ware Accessory (including different types of utensils) or type of Standard Condiment desired without also having to take a different type of Disposable Food Service Ware Accessory or type of Standard Condiment. Food Facilities cannot distribute Disposable Utensils that are bundled or packaged together. Each type of utensil (e.g., fork, spoon, knife, etc.) must be specifically requested by the consumer in order for a Food Facility to provide the item(s). (d) Nothing in this Chapter shall prohibit a Food Facility from making unwrapped Disposable Food Service Ware Accessories available to a consumer using refillable self-service dispensers that dispense different types of Disposable Food Service Ware Accessories one item at a time to allow for Disposable Food Service Ware Accessories to be obtained.
(e) Nothing in this Chapter shall prohibit a Food Facility from making Standard Condiments available to a consumer using refillable self-service dispensers to allow for Standard Condiments to be obtained. Food Facilities that offer Standard Condiments are encouraged to use bulk dispensers for the condiments rather than condiments packaged for single-use.
(f) Takeout Food Delivery Services shall provide consumers with the option to proactively request the different types of available Disposable Food Service Ware Accessories (including different types of utensils) and the different types of Standard Condiments from a Food Facility serving Prepared Food. The default option on the digital ordering/point-of-sale platforms of Takeout Food Delivery Services shall be that no Disposable Food Service Ware Accessories or Standard Condiments are requested. (g) Takeout Food Delivery Services shall provide Food Facilities the ability to tailor the digital ordering/point-of-sale platforms so that Food Facilities can customize and itemize the different types of available Disposable Food Service Ware Accessories (including different types of utensils) and the different types of available Standard Condiments for consumers to proactively select. (h) If a Food Facility uses any Takeout Food Delivery Service, the Food Facility shall customize its menu with an itemized list and/or provide options of the different types of available Disposable Food Service Ware Accessories (including different types of utensils) and the different types of available Standard Condiments for consumers to proactively select. Only those specific types of Disposable Food Service Ware Accessories (including different types of utensils) or specific types of Standard Condiments proactively requested by the consumer shall be provided by the Food Facility. If a consumer does not request any Disposable Food Service Ware Accessories or Standard Condiment, no Disposable Food Service Ware Accessories or Standard Condiment shall be provided by the Food Facility for delivery of Prepared Food. Pursuant to Subsection (c), each type of utensil (e.g., fork, spoon, knife, etc.) offered by the Food Facility shall also be listed individually, unbundled on the menu and provided by the Food Facility for delivery along with the Prepared Food only if requested by the consumer.
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Section 3. Section 5.89.030 of the San Mateo Municipal Code is amended as follows:

5.89.030 Standards and Required Use of Disposable Food Service Ware (a) No Food Facility shall use Polystyrene-based Disposable Food Service Ware when providing Prepared Food.
(b) Food Facilities shall only provide Disposable straws, stirrers, utensils, and cocktail/toothpicks (and the packaging that these individual items are wrapped in, if any) that are Compostable. (c) Nothing in this Chapter shall conflict or be construed to conflict with the Americans with Disabilities Act or any other applicable law concerning the rights of individuals with disabilities. In particular, nothing in this Chapter shall restrict, or be construed to restrict, the provision by Food Facilities of Disposable Non- Compostable straws to individuals who may request the use of Disposable Non-Compostable straws to accommodate medical needs or disabilities. Healthcare Facilities may distribute Disposable Non-Compostable straws with or without request by a patient at the discretion of the Healthcare Facility staff based on the physical or medical needs of the patient.
(d) Food Facilities shall use Compostable items for the below Disposable Food Service Ware when providing Prepared Food:
(1) Plates;
(2) Bowls (of all sizes including, but not limited to soup and salad bowls); (3) Cups (of all sizes including, but not limited to beverage and accessory cups for Standard Condiments);
(4) Food trays and food boats;
(5) Boxes; and
(6) Hinged or lidded containers (e.g., clamshells), deli containers, and other containers used for the sale and/or distribution of Prepared Food.
(e) Commencing on the effective date of this Chapter up until December 31, 2022, for the Compostable Disposable Food Service Ware listed in Subsection (d), Food Facilities shall use items that meet Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions. To verify the PFAS Restrictions, Food Facilities shall use items that are certifiedor approved by independent third parties approved by the County Manager or designee, in collaboration with local waste processors and haulers, as required. (f) For all other Disposable Food Service Ware not listed in Subsections (b) and (d), Food Facilities shall use only Disposable Food Service Ware that can be composted by the Food Scrap Composting method utilized by the Food Facility and/or accepted for recycling by the Food Facility's recycling collection service, unless a feasible alternative does not exist.
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(g) The City shall maintain and make publicly available a list of approved Disposable Food Service Ware sources and/or references to organizations that maintain regularly updated lists of products that meet the requirements detailed in Subsections (a), (b), (d), and (e) of this Section. If a product is not included on the approved lists, the Food Facility wishing to use a product as Disposable Food Service Ware shall establish to the City's satisfaction that the product complies with the requirements detailed in Subsections (a), (b), (d), and (e).

Section 4. Section 5.89.050 of the San Mateo Municipal Code is amended as follows:

5.89.050 Automatic Exemptions
(a) Prepackaged Food is exempt from the provisions of this Chapter. (b) Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this Chapter. (c) Disposable Food Service Ware that is entirely Aluminum Foil-based is exempt from the provisions of this Chapter.
(d) If the City determines that a reasonably feasible Disposable Food Service Ware that complies with Section 5.89.030 (a), (b), (d), and (e) of this Chapter does not exist, these items will be exempt from the abovementioned provisions of this Chapter until the City determines that a reasonably feasible alternative is available on the market for purchase. The City will maintain and make publicly available a current list of exempted Disposable Food Service Ware
(e) Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.

Section 5. Section 5.89.060 of the San Mateo Municipal Code is amended as follows:

5.89.060 Authorization for County Enforcement
In addition to the City's enforcement mechanisms set forth in Title 1 of this Code, the City of San Mateo authorizes the County of San Mateo to enforce this Chapter of the Municipal Code, including, without limitation, the authority to act on requests for undue hardship exemptions, hold hearings, issue administrative fines, and retain collected fines.

Section 6. Environmental Determination. This Ordinance is exempt from the environmental review requirements of CEQA pursuant to, section 15061(b)(3), of the California Code of Regulations because it can be seen with certainty that there is no possibility that the provisions contained herein may have a significant effect on the environment. Further, the Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as it is an action taken by a regulatory agency to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment.
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Section 7. 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 8. Publication. This Ordinance shall be published in summary 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 9. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption. 20 of 245

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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: 21-5410-10 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 4, 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 May 4, 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 April 4th 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. While San Mateo County Health Order No. c19-12 (which required masking in workplaces and public settings) was rescinded on February 16, 2022, the Delta and Omicron variants are highly transmissible in indoor settings and requires multi-component prevention strategies to reduce their spread. Thus, as of February 16, 2022, the California Department of Public Health still requires masking for unvaccinated people (and recommends the practice for all) in indoor public settings as well as in state and local government offices that serve the public. 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. This health advice is 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).) 21 of 245

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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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CITY OF SAN MATEO
RESOLUTION NO. ___ (2022)

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF CITY OF SAN MATEO EFFECTIVE APRIL 4, 2022 UNTIL THE EARLIER OF MAY 4, 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 23 of 245
Resolution No. ___ (2022) Page 2 of 2
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) May 4, 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: 7 Section Name: CONSENT CALENDAR File ID: 22-5914 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 04, 2022
SUBJECT:

Delaware Street Relief Sewer and Underground Flow Equalization System – Interagency Amendment RECOMMENDATION:

Approve Amendment No. 1 to the Service Agreement with the Peninsula Corridor Joint Powers Board for the Delaware Street Relief Sewer and Underground Flow Equalization System projects in the estimated amount of $11,210, for a total agreement estimate of $144,258.96; and authorize the Mayor to execute the amendment in substantially the form presented.

BACKGROUND:

The Basins 2 & 3 Collection System Improvements (Basins 2 & 3) is part of the Clean Water Program and provides important sewer improvements to increase capacity and improve flow management to prevent sanitary sewer overflows in several areas throughout the City. Basins 2 & 3 consists of several construction packages, some of which connect to each other. Both the Underground Flow Equalization System (UFES) and Delaware Street Relief Sewer (Delaware Sewer) projects are part of Basins 2 & 3. The projects, together, are designed to utilize new sewer pipes to convey wet weather flows to the UFES project’s 5.3-million-gallon underground wastewater holding structure at the San Mateo County Event Center.

The UFES sewer pipeline alignments are along Saratoga Drive, Delaware Street, and within an easement before entering the Peninsula Corridor Joint Powers Board (JPB) right-of-way to connect to the Delaware Sewer project. The majority of the Delaware Sewer project alignment is within the JPB right-of-way before entering back into the City’s public right-of- way at the Delaware Street and Pacific Blvd intersection. The UFES construction started in 2020 and is still in progress. The Delaware Sewer construction contract was recently awarded in February 2020 and construction activities will begin soon.

On June 7, 2021, City Council approved a Service Agreement with the JPB that established a scope and fee for the JPB to review the City’s Delaware Sewer project design documents and provide limited oversight and coordination during construction. The original estimated fee of $133,049 for the Service Agreement was solely focused on the Delaware Sewer project JPB support needs. To facilitate the connection of the UFES and Delaware Sewer projects, the JPB requires further funding for additional administrative and engineering service fees, plus parking fees for the affected parking slots that will be temporarily utilized during the construction to connect the two sewer projects in the JPB right-of-way.

Staff has reviewed the estimate with the JPB and believes it to be reasonable for the scope of services and support provided by the JPB. Staff recommends approval of Amendment No. 1 for the estimated amount of $11,210.

BUDGET IMPACT:

Funding for Amendment No. 1 to the Service Agreement is available in the Basins 2 and 3 Collection System Improvements project.
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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 - Amendment No. 1

STAFF CONTACT
Deryk Daquigan, Engineering Manager
[email protected]
(650) 522-7287
Matt Fabry, Deputy Director
[email protected]
650 522 7309
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PENINSULA CORRIDOR JOINT POWERS BOARD (JPB)

AMENDED SERVICE AGREEMENT
(Amendment #1)
03 Mar 2022
Service Agreement Number 100646 is hereby amended as follows:

Increase the estimated cost to City of San Mateo by $11,210 for labor and/or materials supplied by the JPB, its contractors and consultants in connection with the fully executed Service Agreement pertaining to Delaware St. Sewer Relief.

Amendment 1 Scope of Work includes Administrative and Engineering Service fees and parking fees for the affected parking slots that will be required for the installation of a boring pit inside JPB ROW to connect the 2 new sewer lines.

Original Estimate $132,798.96
Original Service Agreement Application Fee $250.00 Amended Service Agreement # 1 $ 11,210.00
Total Revised Estimate $144,258.96

Please submit a check in the amount of $11,210 and mail to:

Peninsula Corridor Joint Powers Board
Attn: Lou Tolentino – 4/F Engineering Department
1250 San Carlos Avenue,
San Carlos CA, 94070-1306
Except as modified by this amendment, the terms and conditions in the Service Agreement shall remain in full force and effect.

SIGNATURE OF AUTHORIZED APPLICANT FOR: _______________________ Company/Agency
___________________________ ____________________ ________________ Name Title Date
____________________________________________
Signature
RETURN AMENDED SERVICE AGREEMENT TO:

Peninsula Corridor Joint Powers Board
Attention: Lou Tolentino, 4/F Engineering Department
1250 San Carlos Ave., San Carlos, CA 94070-1306
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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: 8 Section Name: CONSENT CALENDAR File ID: 22-5916 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 04, 2022
SUBJECT:

Dale Avenue Pumping Station Upgrade – Contingency Increase RECOMMENDATION:

Approve an increase to the contingency reserve associated with the Anvil Builders, Inc. construction contract for the Dale Avenue Pumping Station Upgrade project in the amount of $1,410,000, and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The Clean Water Program includes various projects to improve the City of San Mateo’s sanitary sewer system to improve flow management and increase capacity to prevent sanitary sewer overflows. Included in the Basins 2 and 3 project is the upgrade of the Dale Avenue Pump Station, which consists of the replacement of mechanical, electrical, and instrumentation equipment in the pump station, along with other upgrades and an increase in pump station capacity.

On October 7, 2019, City Council awarded an agreement with Anvil Builders Inc. (Anvil) for construction of the Dale Avenue Pump Station Upgrade Project (Project) in the amount of $20,142,000; established a contingency reserve of $2,000,000; and authorized the Public Works Director to execute the agreement and issue change orders within the contingency amount. The contingency reserve was established to address and mitigate potential unknowns that may arise during construction and was approximately 10% of the agreement value. To date, approximately $1.3 million of the contingency has been utilized to issue negotiated change orders, and additional change orders are under negotiation that are anticipated to require the remaining contingency amount. An increase to the contingency reserve is now requested because the remaining contingency balance is not sufficient to address an upcoming change order that is still being designed, reviewed, and negotiated. However, based on the currently known and assumed scope of work, staff has estimated a potential cost impact of approximately $1,410,000.

The remaining contingency balance is not sufficient to issue a contract change order of this amount, and time is of the essence to procure the necessary equipment due to lengthy vendor lead times. Anvil is currently mobilized on-site working on the Project, and staff is concerned that any delays to procure necessary funding and equipment for the upcoming change order may result in construction delay costs. To reduce contract time extensions, streamline procurements, and provide flexibility for staff to negotiate contract change orders in a timely manner, staff recommends increasing the contingency reserve by $1,410,000. This is approximately 7% of the original contract value.

BUDGET IMPACT:

The initial authorized agreement with Anvil for construction was in the amount of $20,142,000. The original contingency reserve established was $2,000,000. This request increases the contingency by $1,410,000 to a total of $3,140,000.

Funding for this additional contingency amount is available within the Basins 2 & 3 Collection System Improvements Project.
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ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Deryk Daquigan, Engineering Manager
[email protected]
(650) 522-7287
Matt Fabry, Deputy Director
[email protected]
(650)522-7309
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CITY OF SAN MATEO
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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: 9 Section Name: CONSENT CALENDAR File ID: 22-5921 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 04, 2022
SUBJECT:

Wastewater Treatment Plant SCADA Monitoring and Upgrade – Agreement RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure for an agreement with Technology Management Professionals dba TMPros to monitor, upgrade, and maintain the Supervisory Control and Data Acquisition (SCADA) system at the Wastewater Treatment Plant in the amount of $27,400 and authorize the Public Works Director to execute the agreement in substantially the form presented.

BACKGROUND:

The Wastewater Treatment Plant (WWTP) uses a Supervisory Control and Data Acquisition (SCADA) system to monitor and control equipment and processes at both the WWTP and the Dale Avenue pump station. This system is critical to maintaining and operating the WWTP and must be monitored and updated as necessary. The WWTP is also integrating the sewer collection system and the Underground Flow Equalization System SCADA platforms, of which TMPros is part of the integration team. TMPros has demonstrated the competency to monitor, patch, and upgrade the WWTP's SCADA system.

City Council approved the original agreement with TMPros on August 16, 2021. The original agreement has expired and additional work from TMPros is required.

WWTP staff and the Clean Water Program are pursuing a SCADA firewall installation and configuration. TMPros has been asked to help coordinate the network issues at the Corporation Yard with Wave (Astound) fiber and to also provide assistance on an as-needed basis to help keep the SCADA merger project and the WWTP expansion project on schedule.

The additional support tasks that TMPros will provide include:
Merging the existing WWTP network switches into one physical switch with two separate local area networks (cost $8,000).
Configuring a new firewall and establishing communication with the WWTP’s firewall. This will ensure the City’s entire SCADA system will meet cyber security standards (estimated cost $4,400). Attending workshops and providing technical input on the WWTP expansion project’s network-related submittals (estimated cost of $15,000)
San Mateo Municipal Code section 3.60.050(b) authorizes procurement without competitive bidding procedures when calling for bids is impracticable, unavailing, or impossible. A second agreement with TMPros for this project meets these criteria since TMPros is currently the only provider working on this project that has been vetted by the City’s Information Technology Department and found to have the requisite expertise. Qualifying another provider mid-project with an expectation that it would meet TMPros’ current knowledge and standards is impracticable. Therefore, staff recommends approving a second agreement with TMPros.
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BUDGET IMPACT:

The monitoring and upgrade consulting costs were budgeted, and sufficient funds are available in the WWTP Maintenance budget and the Clean Water Program to cover the expenses.

ENVIRONMENTAL DETERMINATION:

This Council action is exempt from CEQA in that it can be seen with certainty that there is no possibility this activity will have a significant effect on the environment, because this activity relates to software technology support and improvements without any necessary physical changes that may impact the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement

STAFF CONTACT
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650 522 7312
Matt Fabry, Deputy Director
[email protected]
650 522 7309
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH TECHNOLOGY

MANAGEMENT PROFESSIONALS, LLC DBA TMPROS FOR SCADA MONITORING AND UPGRADE SERVICES WHEREAS, the Wastewater Treatment Plant uses a Supervisory Control and Data Acquisition System (SCADA) to monitor and control equipment and processes as well as at the Dale Ave Pump Station; and WHEREAS, the system needs to be maintained and updated; and WHEREAS, the City has a current project to upgrade and integrate the SCADA systems between the Wastewater Treatment Plant and the collection system; and WHEREAS, Technology Management Professional dba TMPros (TMPros) has already been vetted by the Information Technology Department; and
WHERAS, TMPros is already in the process of integrating and upgrading firewall between the Wastewater Treatment Plant and the collection system; and WHERAS, the original agreement between the City and TMPros approved by Council on August 16, 2021 has expired and additional work from TMPros is needed; and WHEREAS, in accordance with Municipal Code section 3.60.050(b) agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing or impossible and the City Council sets forth findings designating the reasons; and
WHEREAS, City staff recommends approval of the agreement Technology Management Professional dba TMPros for centrifuge SCADA montioring and upgrade services.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS and RESOLVES that:

1. This Council action is exempt from CEQA in that it can be seen with certainty that there is no possibility this activity will have a significant effect on the environment, because this activity relates to software technology support and improvements without any necessary physical changes that may impact the environment. (CEQA Guidelines Section 15061(b)(3).)

2. In accordance with Municipal Code section 3.60.050 (b), calling for bids would be impracticable because:
a) TMPros has satisfied the requirements from the City’s Information Technology Department; b) TMPros is currently assisting in the integration and upgrade of the SCADA systems between the Wastewater Treatment Plant and the collection system; 32 of 245
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c) Other providers will not have the requisite clearance from the Information Technology Department or the required knowledge base as the SCADA upgrade and integration project is currently mid-project; and
d) Approval of another provider may delay the SCADA upgrade and integration project and cause interruptions of Wastewater Treatment Plant processes.

3. The agreement with TMPros, for SCADA monitoring and upgrade services, in the amount not to exceed $27,400 is approved.

4. The Public Works Director is authorized to execute the agreement in substantially the form submitted, on behalf of the City.
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CITY OF SAN MATEO
AGREEMENT WITH TECHNOLOGY MANAGEMENT PROFESSIONALS
FOR
MASTER TECHNOLOGY‐RELATED PROFESSIONAL SERVICES
This Professional Services Agreement (hereinafter “Agreement”), made as of this day of _____________________, is entered into by and between TMPros, LLC, (hereinafter referred to as “VENDOR”), an Atwater, California Company, and the City of San Mateo (hereinafter referred to as “CUSTOMER”), a municipal corporation in the State of California.

RECITALS:

A. CUSTOMER desires certain equipment, software, maintenance and support services hereinafter described.

B. CUSTOMER desires to engage VENDOR to provide these professional services by reason of its qualifications and experience for performing such services and VENDOR 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 – DEFINITIONS

1.1 “Acceptance” means that CUSTOMER has accepted in writing that the Professional Services, Deliverables or other goods and services as agreed to as part of this Agreement were performed and delivered in accordance with the Statement of Work or Change Order. CUSTOMER will create a list of non‐conforming elements which must be corrected before Acceptance, except for minor or inconsequential errors, and such Acceptance shall not be unreasonably withheld. If Professional Services are for the implementation of a software or a system, then within sixty (60) days of the Go Live Date (as defined below) CUSTOMER will create a list of Defects (as defined below) which must be corrected before Acceptance, except for minor or inconsequential errors.

1.2 “Applicable Specifications” means the functional, operational and other characteristics of the Services or deliverables, timeline, milestones, assumptions, testing and validation criteria, and other specifications as described in the Statement of Work or Change Order.

1.3 ”Change Order” is a mutual agreement in writing by both Parties changing the scope of the project. The Change Order will include information such as but not limited to the date executed, due date, scope of work, assumptions, agreed upon cost, hours and rates, job responsibilities, deliverables, verification and acceptance testing, payment terms, requestor, and approving parties).

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1.4 “Customization” means but is not limited to all code, software modifications or computer programming to the licensed Software developed or modified under the terms of this Agreement or related Change Order or Statement of Work.

1.5 “Defect” means (i) an omission in software code causing the software or integration links to operate such that it is not in compliance with the Applicable Specifications or (ii) the media on which the product(s) is delivered is damaged or corrupted such that the software does not load properly, (iii) the documentation contains gaps and/or erroneous information with regard to the deliverables, (iv) the services delivered did not meet the Applicable Specifications or were not performed in a professional manner consistent with experts and professionals in the industry, or (v) errors, problems or other irregularities in the deliverables.

1.6 “Effective Date” means the date that this Agreement takes effect, which unless otherwise stated, will be the date set forth on Page One of this Agreement upon being signed by duly authorized representatives of VENDOR and CUSTOMER.

1.7 “Go Live Date” is the date of the first production use of the licensed Software or deliverables from this Agreement by Customer where the Customer is using the Software or deliverable to manage its normal business operations. Prototype development and testing, data conversion and testing, initial system training, and conference room pilot operations and testing take place before the Go Live Date.

1.8 “Professional Services” means all services provided by VENDOR which are primarily intellectual and mental, and performed by qualified personnel. Such services may include without limitation project planning, consulting, project management, data conversion, training, programming, and development of Customizations.

1.9 “Software” means the Vendor’s computer software program(s) licensed by CUSTOMER and identified in the software license agreement.

1.10 ”Statement of Work” means a document mutually developed and agreed upon by both parties which describes in detail the services to be provided by Vendor, implementation schedule and phases, responsibilities of Customer and Vendor, description and schedule of training, detailed list of professional services fees and expenses by major work task, acceptance plans, assumptions, risks, training schedule and description, etc.

SECTION 2 ‐ SCOPE OF SERVICES

2.1 The scope of services to be per formed by VENDOR under this Agreement is as described in the Statement of Work in Exhibit A of this Agreement, which is attached and incorporated by reference.

2.2 Customizations.

2.2.1 All CUSTOMER initiated Customizations shall be made using the Change Order process described herein and shall be compensated at VENDOR’s then prevailing, or other mutually agreeable rates, on a time and materials basis.

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2.2.2 Once installed and Accepted, all Customizations shall be considered part of the Licensed and Covered Software.

2.2.3 CUSTOMER shall, within sixty (60) days of Acceptance of any Customization pay VENDOR a mutually agreeable and pro‐rated additional Maintenance and Support Fee for any Customization.

2.3 Customer’s Rights to Engage Other Consultants. CUSTOMER reserves the right to engage other consultants in connection with this Agreement. Any third party receiving confidential information or trade secrets under this paragraph must agree to the same prohibition against disclosure as CUSTOMER and VENDOR may require that any such third party execute a non‐disclosure agreement which includes widely accepted and reasonable non‐disclosure terms.

2.4 Progress. VENDOR shall keep the Project Manager and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned hereunder, and any meetings that have been scheduled or are desired relative to the Professional Services or relative to this Agreement.

2.5 Scheduling. VENDOR shall generally have no obligation to work any particular schedule, unless otherwise provided in this Agreement or in the Statement of Work. VENDOR shall coordinate the provision of the Professional Services with CUSTOMER in such a fashion and schedule so as to achieve the results sought under the terms of this Agreement.

2.6 Statement of Work. The Services, such as but not limited to training, software implementation, software development and customization, consulting, and interface development, will be performed pursuant to and in accordance with the Statement of Work attached hereto as Exhibit A of this Agreement.

2.7 Change Orders. Change Orders applicable to the Statement of Work shall be negotiated and implemented as described in the Statement of Work or as otherwise agreed to by the duly authorized representatives of both parties. VENDOR shall use its best efforts to provide all costs, Third Party Software, additional platform and infrastructure requirements, additional training requirements, and any other additional component or services within fifteen (15) business days of receipt of a Change Order.

SECTION 3 ‐ DUTIES OF VENDOR

3.1 Vendor Responsibilities. VENDOR warrants that it has all requisite power and authority to conduct its business and to execute and deliver, and to perform all of its obligations under this Agreement.

VENDOR warrants that the individual who has signed this Agreement representing VENDOR has the legal power, right and authority to enter into this Agreement so as to bind VENDOR to perform the conditions contemplated herein.

VENDOR shall be responsible for the professional quality, technical accuracy and coordination of all

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work furnished by VENDOR under this Agreement. VENDOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.

VENDOR represents that it is qualified to furnish the services described under this Agreement.

VENDOR shall be responsible for employing or engaging all persons necessary to perform the services of VENDOR.

VENDOR 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.

3.2 Vendor’s Responsibilities for Costs and Expenses. VENDOR shall be responsible for all costs and expenses incurred by VENDOR, personnel of VENDOR, and subcontractors of VENDOR, in connection with this Agreement and performance of the Professional Services, including, without limitation, payment of salaries, fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies and all other amounts due to its personnel and subcontractors, office overhead expenses, travel expenses except as otherwise agreed, telephone and other telecommunications expenses, and document reproduction expenses.

3.3 Travel Expenses. Travel and related expenses shall be necessary, reasonable and consistent with CUSTOMER’s travel policies, and shall be mutually agreed upon in advance. CUSTOMER shall not be responsible for any VENDOR travel time

3.4 Vendor Personnel and Professional Services Warranty. The Services shall be performed by VENDOR or under its supervision, and VENDOR shall be responsible for all actions and work product(s) of the personnel working on behalf of VENDOR in the performance of this Agreement.

VENDOR represents that it possesses the professional and technical personnel required to perform the Professional Services for this Agreement and as defined in the Statement of Work. VENDOR warrants that all Services will be performed diligently and in a timely, professional and workmanlike manner by experienced and competent personnel with the care and skill ordinarily exercised by members of the profession practicing under similar conditions using all common and widely accepted practices and professional standards for Services such as but not limited to installing, implementing, deploying, and maintaining the Product.

VENDOR represents and warrants that (i) none of the Services or any part of this Agreement is or will be inconsistent with any obligation VENDOR may have to others; (ii) the Services, deliverables or work products as they are delivered to CUSTOMER will not infringe, misappropriate or violate any intellectual property or other right of any person or entity; and (iii) VENDOR has the full right to provide CUSTOMER with the assignments and rights provided herein (including without limitation, through execution of appropriate written agreements with its employees, agents and subcontractors).

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3.5 Remedies for Non‐Performance of Services. If any element of the Services does not conform to the warranty on Professional Services, then CUSTOMER shall notify VENDOR in writing of such nonconformance. VENDOR shall timely re‐perform such element in a manner that does conform, provided, however, that if such re‐performance is impracticable, VENDOR shall timely refund the fees allocable to such nonconforming element. At its sole discretion, CUSTOMER may withhold payment for non‐conformance to professional standards, excessive or unauthorized costs, or defects in deliverables until remedied, and no interest, penalties or late fees shall apply to such withholdings.

3.6 Cooperation with Customer’s Project Manager. As required herein or in the Statement of Work, CUSTOMER shall designate a Project Manager for the project effort to implement the Product.

VENDOR shall work closely and cooperate fully with CUSTOMER’s designated Project Manager, and any other agencies which may have jurisdiction over or interest in the Software and related Professional Services. The Project Manager will administer this Agreement on behalf of CUSTOMER. The Project Manager, or his/her designee, shall be the principal officer of CUSTOMER for liaison with VENDOR, and shall review and give approval to the details of the Scope of Work and Services as described in the Statement of Work and any Change Orders or Amendments to this Agreement. The Project Manager shall be specified in the Statement of Work which is mutually agreed to between CUSTOMER and VENDOR. CUSTOMER reserves the right to change its Project Manager.

3.7 Vendor Marketing. No news releases, including photographs, public announcements, or confirmations of the same, relating to any part of the subject matter of this Agreement or any phase of providing the Professional Services shall be made without prior written consent of CUSTOMER. The information which VENDOR acquires related to its performance of the Professional Services shall be kept confidential unless the release of information is authorized in writing by CUSTOMER.

3.8 Electronic Format for Supporting Documentation. All VENDOR and Third Party Supporting Documentation provided electronically shall be provided in a form and format that does not require CUSTOMER to purchase additional Third Party Software to view and print the Supporting Documentation.

3.9 Virus Free. VENDOR warrants that to the best of its knowledge there are no viruses, backdoor entries, time bombs, unauthorized programming, lockout devices or other disruptive technologies being shipped with deliverables, products or software in this Agreement. CUSTOMER will notify VENDOR in writing if it detects such disruptive technologies and will provide any information that it may have regarding the nature of such non‐conformance. VENDOR will correct such non‐conformance in a timely manner and at no cost to CUSTOMER.

SECTION 4 ‐ DUTIES OF CUSTOMER
CUSTOMER shall provide pertinent information regarding its requirements for the project.

CUSTOMER shall examine documents submitted by VENDOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of VENDOR'S work.

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SECTION 5 ‐ TERM
The services to be performed under this Agreement shall commence on February 16, 2022 and be completed on or about Fe
bruary 15, 2023.

SECTION 6 ‐ PAYMENT

6.1 There will be a 15% holdback of all fees which will be paid upon final Acceptance by CUSTOMER without penalty or late fees.

6.2 Payment for services will be authorized and processed by CUSTOMER according to the following schedule:

6.2.1 Installation support and training services (including technical configuration, process consulting, project management and training) fees will be invoiced monthly upon completion of the agreed upon designated tasks and deliverables as defined in the Statement of Work.

VENDOR must provide an itemized invoice showing the specific tasks completed and the resources involved in each task.

6.2.2 Travel expenses must be approved in advance by CUSTOMER. Approved travel expenses will be paid upon presentation of actual receipts and documented completion of travel.

6.2.3 Data conversion fees (data conversion activities, responsibilities and fees will be defined in the Statement of Work) will be invoiced upon approval by CUSTOMER on a module by module basis according to the following schedule:
- 50% of the Data Conversion fees upon the VENDOR’S verification of successful data conversion, and successful installation of the converted data for each module in preparation for reliability and acceptance testing.
- 50% of Data Conversion fees upon CUSTOMER’S verification that reliability and acceptance tests have been successful and non‐conforming issues have been corrected.

6.2.4 Customization and development services will be invoiced monthly upon completion of agreed upon tasks, milestones and deliverables. The vendor must provide an itemized invoice showing the specific tasks completed and the resources involved in each task.

6.3 Payment shall be made by CUSTOMER only for services rendered and upon submission of a payment request upon com
pletion and CUSTOMER approval of the work performed. In consideration for the full performance of the services set forth in the Statement of Work in Exhibit A, CUSTOMER agrees to pay VENDOR a fee pursuant to rates stated in Exhibit A, attached and incorporated by reference. Based on the applicable payment schedule or as otherwise agreed to in the executed contract(s), CUSTOMER will pay all properly authorized, documented and prepared invoices which are no
t in dispute within thirty (30) days of receipt by CUSTOMER of such invoices.

6.4 Withholding of Payment. In addition to the 15% holdback of all fees, the CUSTOMER will withhold payment without penalty or late fees, for the VENDOR’S non‐conformance to professional standards, excessive or unauthorized costs, or defects in deliverables until remedied.

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SECTION 7 – TERMINATION
Without limitation to such rights or remedies as CUSTOMER shall otherwise have by law, CUSTOMER shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon thirty (30) days' written notice to VENDOR. VENDOR agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 8 ‐ OWNERSHIP OF DOCUMENTS
All documents prepared by VENDOR in the performance of this Agreement are and shall be the property of CUSTOMER, whether the project for which they are made is executed or not.

SECTION 9 ‐ CONFIDENTIALITY
All reports and documents prepared by VENDOR in connection with the performance of this Agreement are confidential until released by CUSTOMER to the public. VENDOR shall not make any such documents or information available to any individual or organization not employed by VENDOR or CUSTOMER without the written consent of CUSTOMER before any such release.

The following shall not be considered Confidential or Proprietary Information: (i) any information in the public domain at the time of its communication thereof to either party by the other party; (ii) any information which enters the public domain, through no fault of the receiving party subsequent to the time of its communication to the receiving party; (iii) any information which is obtained in good faith by either party from a third party, provided such third party is not bound by a confidentiality agreement with Vendor or Customer, as applicable; (iv) information that was already known to that party prior to the date of disclosure to that party; (v) information which the receiving party establishes was developed independently of confidential or proprietary information furnished to it; and (vi) information that is required to be disclosed to any court, government authority or regulatory authority or pursuant to requirement of any state or federal law.

SECTION 10 ‐ INTEREST OF VENDOR
VENDOR 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 11 ‐ VENDOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, VENDOR shall at all times be considered an independent Vendor as defined in Labor Code Section 3353, under control of the CUSTOMER as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make VENDOR an agent or employee of CUSTOMER while providing services under this Agreement.

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SECTION 12 – PERSONNEL REVIEW AND APPROVAL
VENDOR shall have the right to assign personnel to this Agreement, but CUSTOMER shall have the right of review of VENDOR’s personnel assigned to the project, including all subcontractors. This includes but is not limited to CUSTOMER’s ability to require a timely replacement.

VENDOR warrants that each person assigned to this Agreement will be for the duration of the project with full‐time efforts except as specified or agreed to by CUSTOMER, or due to the following exceptions: illness, death, termination or resignation from VENDOR. No subcontractors shall be used on the project without the express written approval of CUSTOMER.

SECTION 13 ‐ INDEMNITY
VENDOR agrees to hold harmless, indemnify and defend CUSTOMER, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s sole negligence or willful misconduct in the performance of this Agreement, or based upon any claim that the VENDOR’s Software, Services, tools and related documentation infringes upon a copyright, patent, or third party right, except for those claims arising out of CUSTOMER’s sole negligence or willful misconduct. VENDOR agrees to defend CUSTOMER, its elected and appointed officials, employees, and agents against any such claims, and will assume at the time incurred, and pay all costs, losses, liabilities, damages and attorney fees arising from such claim.

SECTION 14 ‐ INSURANCE
VENDOR shall procure and maintain for the duration of the contract the insurance specified in Exhibit B of this agreement.

SECTION 15 ‐ NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of VENDOR and cannot be transferred, assigned, or subcontracted by VENDOR without the prior written consent of CUSTOMER.

SECTION 16 ‐ RELIANCE UPON SKILL OF VENDOR
It is mutually understood and agreed by and between the parties hereto that VENDOR is skilled in the performance of the work agreed to be done under this Agreement and that CUSTOMER relies upon the skill of VENDOR to do and perform the work in the most skillful manner, and VENDOR agrees to thus perform the work. The acceptance of VENDOR's work by CUSTOMER does not operate as a release of VENDOR from said obligation.

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SECTION 17 ‐ 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 18 ‐ COSTS AND ATTORNEY FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000, 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 $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 of this Agreement that neither Party 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 Agreement.

SECTION 19 ‐ NON‐DISCRIMINATION
VENDOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither VENDOR nor any of its sub‐Vendors shall 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 20 – MEDIATION

20.1 Dispute Resolution. In the event of any dispute between the parties hereunder, the parties shall first attempt to resolve the dispute at the Project Manager level representing CUSTOMER and his/her equivalent representing VENDOR. If the dispute is not resolved at this level within ten (10) business days of the date the other party is first informed of the dispute in writing, the parties shall attempt to resolve the dispute at the City Manager level and his/her equivalent representing VENDOR. The use of the foregoing procedure is a condition precedent to the commencement of any mediation or other legal proceedings hereunder.

20.2 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 thirty (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 the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed‐upon service. The mediator shall be selected by a “blindfold” process.

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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 sixty (60) days, unless the parties extend the maximum time.

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 the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed‐upon service. The mediator shall be selected by a "blindfolded" process.

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.

SECTION 21 ‐ LITIGATION
VENDOR shall testify at CUSTOMER'S request if litigation is brought against CUSTOMER in connection with VENDOR'S services under this Agreement. Unless the action is brought by VENDOR, or is based upon VENDOR'S wrongdoing, CUSTOMER shall compensate VENDOR for preparation for testimony, testimony, and travel at VENDOR'S standard hourly rates at the time of actual testimony.

SECTION 22 ‐ NOTICES
All notices, requests, consents and approvals hereunder shall be in writing and shall be delivered with proof of receipt where official proof of receipt can be validated, postage prepaid, and addressed as follows:

To CUSTOMER:   Rob Learmonth
City of San Mateo
330 W 20th Avenue
San Mateo, CA 94403
To VENDOR:   Technology Management Professionals
Attn:  Baron Wolt
4790 Caughlin Pkwy #438
Reno, Nevada 89519
Either party may change its address or addressee for the purposes of this paragraph by notice. Notice given in accordance with this paragraph shall be deemed given when received.

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SECTION 23 – TOBACCO FREE STANDARDS
CUSTOMER has adopted a policy which prohibits the use of tobacco products within CUSTOMER buildings, vehicles or on CUSTOMER property. VENDOR employees, subcontractors, or employees of subcontractors shall abide by the policy during the performance of this Agreement.

SECTION 24 – TAXES
CUSTOMER shall be liable for all federal, state, municipal or other governmental taxes, duties charges or costs, however designated, now or hereinafter imposed, upon the Services and deliverables of this Agreement exclusive, however, of taxes based upon net income, gross income or net worth of VENDOR; taxes based upon the franchise of VENDOR; taxes based upon any equipment or software, other than that which is licensed in this Agreement, which are owned by the VENDOR; or taxes paid by or for any employee of the VENDOR. CUSTOMER reserves the right to review the tax charges and, in no event, will be responsible to pay more than is appropriate or actually paid under applicable law.

VENDOR will pass on to CUSTOMER any tax refunds received with respect to the CUSTOMER’s previous payment or reimbursement of applicable taxes hereunder.

SECTION 25 – COOPERATION/FURTHER ACTS
The parties shall fully cooperate with one another in attaining the purposes of this Agreement and, in connection therewith, shall take any such additional further acts and steps and sign any such additional documents as may be necessary, appropriate and convenient as related thereto.

SECTION 26 – TRANSITION COOPERATION
Upon termination of this Agreement for any reason, VENDOR agrees to, upon CUSTOMER’s written request:

1. Provide sufficient efforts and cooperation to ensure an orderly and efficient transition of services to CUSTOMER or its contractor without degradation of the quality and level of VENDOR’s performance of its services to CUSTOMER.

2. Return to CUSTOMER all data records, logs and documentation in a mutually agreeable format, including full disclosure of the custom software code and system design, third party suppliers and other pertinent information about the services required to perform the Services for CUSTOMER.

3. Furnish phase‐in training, and phase‐in/phase‐out services for up to ninety (90) calendar days after termination of this Agreement.

4. Negotiate in good faith a plan with a successor to determine the nature and extent of phase‐ in/phase‐out services required. The plan shall specify a date for transferring responsibilities and shall be subject to CUSTOMER’s approval.

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SECTION 27 – FORCE MAJEURE
Neither Party will incur any liability to the other on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond its reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, acts of terrorism, floods, and earthquakes.

SECTION 28 ‐ AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CUSTOMER and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral. Unless set forth herein, neither Party shall be liable for any representations made whether orally or in writing.

This document may be amended only by written instrument, signed by duly authorized representatives of both CUSTOMER and VENDOR.

The documents constituting the Agreement between both Parties are intended to be complementary so that what is required by any one of them shall be as binding as if called for by all of them. The Exhibits shown below constitute a material part hereof, and are hereby incorporated by reference herein as part of this Agreement.

1.Exhibit A – Project Quote and Fee Schedule

2.Exhibit B – Insurance Requirements
In the event of a disagreement between the various documents relating to this Agreement, the order of precedence shall be as follows (in order from most controlling to least controlling):

1.Project Quote and Fee Schedule
SECTION 29 ‐ 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.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and Technology Management Professionals have caused this Agreement to be executed as of the Effective Date by their duly authorized representatives, and hereto have accepted the terms, conditions, and provisions set forth above.

CITY OF SAN MATEO V E N D OR

Azalea Mitch
Public Works Director
Baron Wolt
President
Its Authorized Agent
APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Attachments:

Exhibit A – Project Quote and Fee Schedule
Exhibit B – Insurance Requirements

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Technology Management Professionals Nevada LLC
4790 Caughlin Pkwy #438, Reno, NV 89519
PO Box 280, Atwater, CA 95301
Project Quote
Mar 16, 2022
Quote No.:

Exp. Date:

Quote 6421 Prepared for City of San Mateo WWTP
2050 Detroit Ave
San Mateo, California 94404
$0.00
$0.00
$0.00
$0.00

NAME QTY PRICE SALES TAX SUBTOTAL
Network Switch/VLAN
Consolidation
Combine PCS/PLC networks divided by
VLANS creating redundant ber paths
1 $8,000.00 $8,000.00
New WWTP Firewall implementation
and Conguration
Establishing communication throughout
the WWTP expansion including Corp Yard
and VLAN project. Ensuring all
communications are up to SCADA Cyber
Security standards.
1 $4,400.00 $4,400.00
WWTP Expansion Project continual
participation providing technical
input, design and documentation.

Attending WWTP expansion
workshops as technical oversight.
1 $15,000.00 $15,000.00
$27,400.00
Shipping
Total $27,400.00
By signing below you are authorizing the purchase and agree to pay for the listed products plus any additional taxes, shipping, handling and other fees that may apply. We reserve the right to cancel orders arising from pricing or other errors.

City of San Mateo WWTP
Exhibit A

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EXHIBIT B
Insurance Requirements for Vendors
Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with products and materials supplied to the Entity.

The cost of such insurance shall be borne by the Vendor.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) and include products coverage.

Minimum Limits of Insurance Coverage shall be at least as broad as Insurance Services 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 $2,000,000 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.

If the Vendor 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 Vendor. 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 be declared to and approved by the Entity. At the option of the Entity, either: the Vendor shall obtain coverage to reduce or eliminate such self -insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Vendor 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:

Additional Insured Status
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 Vendor 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 Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Vendor’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 volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be

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excess of the Vendor’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 with notice to the Entity.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
Vendor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy 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 Vendor’s obligation to prov ide 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.

Waiver of Subrogation
Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this pr ovision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer Special Risks or Circumstances
Entity reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Note:

Vendor Exceptions
There are a number of organizations/companies that provide services to your agencies that will not have formal contracts in place. These include but are not limited to, United Parcel Service, Federal Express, United States Postal Service, and for hire interstate truck lines as examples. Although each of these companies may provide vendor services to you, you typically will not require formal contracts and will not require evidence of insurance. All of the companies listed above are required to be licensed under the Department of Transportation rules and regulations which also require specific limits of insurance.

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CITY OF SAN MATEO
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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: 10 Section Name: CONSENT CALENDAR File ID: 22-5923 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 4, 2022
SUBJECT:

Downtown San Mateo Grade Separations Project – Grant Funding RECOMMENDATION:

Adopt a Resolution to authorize an application for the Rebuilding American Infrastructure with Sustainability and Equity Grant Program to fund the development of a project study report, preliminary engineering plans, and environmental planning documents to assess the Downtown San Mateo Grade Separations Project.

BACKGROUND:

The Office of the Secretary of Transportation issued a Notice of Funding Opportunity for the Department of Transportation’s National Infrastructure Investments (i.e., the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program) under the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law). The grants through this program are intended for capital projects in surface transportation that will have significant impacts at the local or regional level. Grant applications are due on April 14, 2022.

Staff proposes to submit a grant application for the development of needed planning-level analysis of the Downtown San Mateo Grade Separations Project consisting of a project study report, preliminary engineering plans, and environmental planning documents. This planning-level analysis of the Downtown San Mateo Grade Separations Project is estimated to cost $8,000,000. The proposed study involves planning for grade separations at six (6) of the Caltrain crossings in the City’s downtown (1st, 2nd, 3rd, 4th, 5th, and 9th Avenues). As the 7th largest commuter rail line in the nation, Caltrain provides commuter rail services along a corridor from the City and County of San Francisco to the City of Gilroy. Forty at-grade street/railroad crossings (places where local streets cross the railroad tracks) exist along Caltrain’s corridor. Twenty-eight of these crossings are in San Mateo County, with eight (8) in the City – the most of any other municipality.

While the rail line offers a critical transportation service to the Bay Area community, the at-grade crossings in the City pose serious safety risks and disconnect the downtown from the neighboring communities. The Federal Railroad Administration has recognized grade crossing incidents to be the second leading cause of rail-related deaths in America. As part of its Business Plan, Caltrain is planning to increase rail service along the corridor from 92 trains per day to 360 per day by 2040, further exacerbating the safety concerns at the City’s existing crossings and resulting in significant gate downtimes of up to 45 minutes each hour. The daily shutdowns will increase vehicle idle times, potentially increase harmful air emissions, block pedestrian and bicycle traffic, and will negatively affect emergency response times.

The proposed grade separations will be critical to ensuring conditions in the City remain safe and equitable. This will increase safety exponentially, and it is expected to produce environmental sustainability and quality of life benefits. In addition, it will provide economic opportunities to the downtown area and will greatly improve mobility and community connectivity, particularly for some of our most underserved community members living in the adjacent neighborhoods.

As the financial sponsor, the City is responsible for obtaining the funding needed for Caltrain to design and construct the 50 of 245

CITY OF SAN MATEO
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grade separations. The City understands that key considerations for RAISE grant applications include the project’s incorporation of environmentally sustainable practices and opportunities for increased local economic productivity. In its capacity as the sponsor of this effort, the City commits to supporting the use of environmentally sustainable practices as part of the future construction, as well as the use of fair labor practices. Currently, the City is successfully engaged in a Project Labor Agreement (PLA) for the construction of the Wastewater Treatment Plant Upgrade and Expansion Project.

The PLA for this $400 million construction project, managed by the City, has proven to stabilize wages and has increased workforce development and apprenticeship opportunities. The City commits to the supporting these measures as part of the grade separation effort that Caltrain would lead as well.

BUDGET IMPACT:

The estimated cost for the planning-level effort is $8,000,000. The submittal for the RAISE grant application for $6,000,000 will require an estimated $2,000,000 in local matching funds. If the application is selected, the sources for the matching funds would need to be determined (i.e., combination of Measure A, Measure S, and the General Fund).

ENVIRONMENTAL DETERMINATION:

The authorization of a grant application to fund a project study report, preliminary engineering plans, and environmental documents and commitment by the City to completion of the project study report, preliminary engineering plans, and environmental documents with matching funds in an estimated amount of $2,000,000 is not a project subject to CEQA 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).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Project Description

STAFF CONTACT
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

A RESOLUTION SUPPORTING THE DEVELOPMENT OF A PROJECT STUDY REPORT, PRELIMINARY ENGINEERING

DESIGNS, AND ENVIRONMENTAL PLANNING DOCUMENTATION FOR THE DOWNTOWN SAN MATEO GRADE SEPARATIONS PROJECT AND SUBMISSION OF A GRANT APPLICATION TO THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OF TRANSPORTATION FOR THE FY2022 REBUILDING AMERICAN

INFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY GRANT PROGRAM WHEREAS, the City of San Mateo (Sponsor) is served by Caltrain, which provides commuter rail services along a corridor extending from the City and County of San Francisco to the City of Gilroy; and WHEREAS, twenty-eight at-grade rail crossings (places where local streets cross the railroad tracks) exist along Caltrain’s corridor in San Mateo County; eight are located in the City of San Mateo, the most of any city along the corridor; and six of which are in downtown San Mateo; and WHEREAS, the Federal Railroad Administration has recognized grade crossing incidents to be the second leading cause of rail-related fatalities in the nation; and WHEREAS, Caltrain plans to increase its commuter rail service from 92 trains per day to 360 trains per day by 2040, resulting in gate downtimes at the at-grade crossings for up to 45 minutes during the peak hours, which will increase safety concerns and impede mobility between historically underserved communities and economic, job and services centers located in downtown San Mateo; and WHEREAS, the Sponsor has identified the need for grade separations at 1st, 2nd, 3rd, 4th, 5th, and 9th Avenues in the core of downtown San Mateo to address these safety concerns, minimize future negative impacts from Caltrain’s increase in service, including gate downtime, and to re-connect neighboring communities; and
WHEREAS, the Sponsor has developed the Downtown San Mateo Grade Separations project which requires the development of a project study report, including preliminary engineering plans, and environmental planning documents (Project) for the grade separations in the downtown rail corridor; and WHEREAS, currently it is estimated to cost $8,000,000 to implement the Project scope; and WHEREAS, the Sponsor will seek $6,000,000 in federal grant funding for the Project; and WHEREAS, the Office of the Secretary of Transportation issued a Notice of Funding Opportunity for the Department of Transportation’s National Infrastructure Investments (i.e., the Rebuilding American Infrastructure with Sustainability and Equity (RAISE)) Grant Program under the Infrastructure Investment and Jobs Act (“Bipartisan Infrastructure Law”) on January 14, 2022; and WHEREAS, the Sponsor supports the incorporation of environmentally sustainable design practices in the Project and in the future construction phase of the Downtown San Mateo Grade Separations project; and 52 of 245
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WHEREAS, the Sponsor recognizes that the use of highly skilled labor benefits the community and thus supports the use of apprenticeship programs and collective bargaining agreements between the contractor and trade unions in the future construction phase of the Downtown San Mateo Grade Separations project; and WHEREAS, the U.S. Department of Transportation requires a governing board resolution from the Sponsor for the following items:

1. Authorizing the Project and application for $6,000,000 in RAISE Grant Program funds for the Project;

2. Committing the Sponsor to the completion of the Project, including the commitment of matching funds currently estimated to be $2,000,000 for implementation; and

3. Authorizing the chief executive of the Sponsor, or his/her designee, to sign a funding agreement with the U.S. Department of Transportation, if funds are awarded, for the Project and to take any other actions necessary to give effect to this resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The commitment to matching funds for and completion of a project study report, preliminary engineering designs, and environmental planning documents, and authorization of a grant fund application is not a project subject to CEQA. This is because the Project 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, and because it involves administrative activities that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(4), (b)(5).)

2. City staff is directed to submit an application for RAISE Grant Program funds for $6,000,000 for the project study report, preliminary engineering designs, and environmental planning documents for the Downtown San Mateo Grade Separations project.

3. The City Manager, or his designee, is authorized to execute a funding agreement with the U.S.

Department of Transportation to encumber any funds awarded.

4. The City commits to the completion of the Project, including the commitment of the estimated $2,000,000 in matching funds needed for implementation, if awarded the requested funds.

5. The City certifies that any funds awarded by the U.S. Department of Transportation will be used to supplement existing funds for the Project and will not replace existing funds or resources.

6. City staff is authorized to take any other actions necessary to give effect to this resolution. 53 of 245

Memorandum
To: File

From: Azalea Mitch, Public Works Director

Date: March 14, 2022

Re: Downtown San Mateo Grade Sepa rations – Project Description

Scope
Application for planning level grant for the development of a Project Study Report (PSR), preliminary engineering plans / and environmental documents (PE/ENV) for the Downtown San Mateo Grade Separations project (Project). The Project consists of grade separations at six (6) of the crossings in the City’s downtown (1st, 2nd, 3rd, 4th, 5th, and 9th Avenues).

Cost: $8M ($3M PSR, $5M PE/ENV)

City of San Mateo ‐ Background
The City of San Mateo is in San Mateo County, on the Peninsula in the San Francisco Bay Area. It is bordered by Burlingame to the north, Foster City to the east, Belmont to the south, and Hillsborough to the west. The City is conveniently situated 19 miles south of San Francisco and 30 miles north of San Jose. It covers an area of 15.4 square miles, including 3.87 square miles of tidelands from the San Francisco Bay to the east and a range of coastal mountains to the west.

The City provides a full range of municipal services. These include police, planning, building, sewer, street maintenance, and general administrative services. Based on the California Department of Finance, the City’s population as of 2021 was just over 103,000, which represents about 13.5 percent of the countywide population. Also based on the most recent U.S.

Census data, per capita personal income for San Mateo residents was $62,784, which is slightly above the amount for San Mateo County as a whole ($61,545) and well above the value for the State of California ($36,955). According to the preliminary April 2021 figures from the Employment Development Department, the City's unemployment rate is 4.2%, which is slightly below the County's unemployment rate at 4.8%.

Equity Priority Areas
While income levels are above those of San Mateo County’s, the City has a number of equity priority communities. The Metropolitan Transportation Commission (MTC) has identified these areas as those that have low per capital income and a 54 of 245

high concentration of people of color. The City’s North Shoreview, South Shoreview, and North Central neighborhoods have been identified by the MTC as equity priority communities.

https://mtc.ca.gov/planning/transportation/access‐equity‐mobility/equity‐priority‐communities

Caltrain Corridor

The City is served by Caltrain, which provides commuter rail services from the City and County of San Francisco to the City of Gilroy. It consists of a 77‐mile route and 32 stations. Forty at‐grade street / railroad crossings (places where local streets cross the railroad tracks) exist along Caltrain’s corridor from the City and County of San Francisco to the City of San Jose.

Twenty‐eight of these crossings are in San Mateo County, with eight (8) in the City of San Mateo (City) – the most of any other city. As the 7th largest commuter rail line in the nation, Caltrain connects thousands of Bay Area residents to their workplaces, homes, and businesses on a daily basis. While the rail line offers a critical transportation service to the Bay Area community, the at‐grade crossings in the City pose serious safety impacts. The Federal Railroad Administration has recognized grade crossing incidents to be the second leading cause of death. In the City, the Caltrain crossings have resulted in number of collisions (Figure 1).

To address these concerns, the City has proposed plans to eliminate six (6) of the eight (8) existing at‐grade street crossings.

Currently, the City’s eight (8) at‐grade crossings include Villa Terrace, Bellevue, 1st, 2nd, 3rd, 4th, 5th, and 9 th Avenues. Over
50,000 vehicles cross the at‐grade locations in the City daily (Figure 2). These at‐grade crossings were included as candidate grade separation projects in San Mateo County Transportation Authority’s 2004 Expenditure Plan.

As part of its Business Plan, Caltrain has been working on electrifying the rail system. Currently, 92 Caltrain trains travel through the corridor on a weekday basis. Initially, this upgrade will increase Caltrain’s capacity by over 30 percent, resulting in the travel of up to six (6) trains through the corridor during the peak hours in both directions. By 2040, it is expected that the trains will increase to 360 per day. The electrification project is scheduled to be completed by late 2024. The tracks are also used by Union Pacific freight trains during the night‐hours when Caltrain is not in operation. The improved performance will lower greenhouse gas emissions and accommodate an increase in ridership. The tracks will also support the use of the State’s high‐speed rail system.

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Figure 1 – Collisions at Caltrain Grade Crossings

Caltrain Grade Separations
https://www.caltrain.com/Assets/1Background+on+Caltrain+Corridor+Grade+Crossings+$!26+Seaprations.pdf

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Figure 2 – Daily Traffic Crossings

Caltrain 2040 Business Plan ‐ Impacts
While the Caltrain electrification improvements and 2040 Business Plan vision will have significant benefits to the Bay Area community, the higher train frequency will increase safety concerns associated with the existing at‐grade crossings in the City. With the passing of the trains, the gates at the at‐grade crossings will be down for 30 to 45 minutes during the peak hours. With the most crossings of any other city along the corridor, the impacts to the San Mateo community will be significant. The City’s downtown is a vibrant district with restaurants, office space, and a hospital – all surrounded by residential areas that have easy access to the businesses. Vehicles, pedestrians, and bicyclists travel to the City’s downtown daily. Communities east of the railroad tracks would be impacted, as their access westward to downtown would become increasingly more difficult. These neighborhoods are Equity Priority Communities and would experience significant impacts (Figure 3). Traffic from the west side of the railroad tracks would incur delays to Highway 101. The existing at‐grade crossings result in delays to all modes of transportation, impeding east to west traffic flow, and exacerbating safety conditions. The Project proposes to re‐connect the east and west communities along the rail corridor and improves safety by eliminating at‐grade crossings.

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Figure 3 – Existing At‐Grade Crossings and Equity Priority Areas

Project: Downtown Rail Corridor Grade Separations
The downtown includes six (6) of the eight (8) crossings in the City (Figures 4 and 5). The proposed project involves the development of a Project Study Report (PSR), preliminary engineering plans / and environmental documents (PE/ENV) for options to separate the six (6) at‐grade crossings in the City’s downtown (1st, 2nd, 3rd, 4th, 5th, and 9th Avenues). Due to their proximity and railroad slope requirements, the grade separations from 1st to 5th Avenues would have to be done concurrently. While the grade separation at 9th Avenue can be done separately as it is farther away from 5th Avenue, it is part of the downtown corridor and will likely be impacted by design for 1st through 5th Avenues. 58 of 245

The PSR would develop potential grade separation alternatives, identify environmental concerns, include a traffic analysis, and an estimate of the costs associated with each of the alternatives. Based on the options, a preferred alternative would be selected to develop the preliminary plans and environmental documents. The grade separations would have the following significant benefits to the City:

 Reconnecting of the east and west communities along Caltrain’s rail corridor.  Improved gateway to downtown from neighboring disproportionately burdened communities.  Improved safety for all modes of transportation – pedestrians, bicyclists, and vehicles;  Improved Caltrain operations.
 Improved circulation / traffic operation – reduced queuing times for east‐west connectivity.  Safe and improved access to the downtown from surrounding neighborhoods and City at‐large.  Lower greenhouse gas emissions.
 Improved economic vitality and livability.

Estimated Cost: $8M (3M PSR, $5M PE/ENV)
Project Duration: Two years

Potential Alternatives
1st through 5th Avenues Crossings: Railroad design parameters have a 1% maximum slope for tracks. Due to their proximity, not enough horizontal distance exists between the crossings from 1st to 5th Avenue to elevate or lower the tracks and maintain the maximum allowable slope. Grade separation attempts at any of the crossings would therefore likely need to be done concurrently. Due to the number of businesses and driveways close to all the crossings, options include a completely elevated track system or a tunnel through the downtown – a split grade separation where the road is partially lowered and the rail is partially elevated will likely not be possible.

9th Avenue Crossing: There are two alternatives for the grade separation at this location, which include an underpass (lowering of the roadway) or a hybrid (combination of an elevated track and lowering of the roadway) (Figure 6). Under the underpass alternative, the rail tracks would remain at the existing elevation and 9th Avenue would be lowered approximately 22 feet below the existing elevation. The hybrid option would require a 10’ elevated track with a 6’ lowering of the roadway. The 6’ lowering of the roadway would affect ~85’ of roadway on 9th Avenue for each side of the tracks.

Once implemented, this project would reduce the number of at‐grade street / railroad crossing incidents, improving the safety conditions for school children, pedestrians, bicyclists, and drivers in the downtown area and City at‐large.

Figure 4 – At‐grade Caltrain Crossings in Downtown

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Figure 5 – 4th and 5thth Avenue At‐Grade Crossings

Figure 6 – 9th Avenue Grade Separation

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REFERENCES

MTC Open Data – Equity Priority Communities
https://opendata.mtc.ca.gov/maps/MTC::mtc‐equity‐priority‐communities‐in‐2018‐acs‐2012‐ 2016/explore?location=37.568625%2C‐122.305267%2C13.46

Caltrain Business Plan
https://caltrain2040.org/about/

Caltrain Electrification
https://calmod.org/

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CITY OF SAN MATEO
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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: CONSENT CALENDAR File ID: 22-5928 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Information Technology Department
MEETING DATE: April 04, 2022
SUBJECT:

City-wide Operations Management System – Purchase Agreement RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure for a three-year renewal of a purchasing agreement with Cartegraph Systems, LLC for software subscription, cloud hosting, and technical support in the amount of $354,760, and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

BACKGROUND:

In May 2016, the City purchased the Cartegraph Operations Management System (OMS) and contracted with Cartegraph Systems, LLC (Cartegraph) to implement and host the system. The selection was made by a multi-departmental committee that included staff in Public Works, IT, Parks and Recreation, Police, City Clerk’s Office, and the City Manager’s Office. This committee unanimously agreed Cartegraph OMS would best serve the City’s operational field work needs. Staff has since moved all work order management for streets and traffic, the sewer collection system, parks and recreation, and facilities to the Cartegraph OMS system, and continues to use the system for these operational needs. On May 6, 2019, Council approved a renewal agreement to extend use of the system for three years. That renewal is now expiring. Based on the continued success of the Cartegraph OMS system and the continued need to serve City operations management functions, staff now recommends another three-year renewal of the Cartegraph OMS.

San Mateo Municipal Code section 3.60.050(b) authorizes the renewal of an agreement with Cartegraph without a competitive bidding procedure when calling for bids would be impracticable, unavailing, or impossible. Here, calling for bids would be impracticable because Cartegraph OMS has been fully integrated into various City operations, continues to function successfully, and implementing another OMS would result in disruptions to the City’s current work order management needs.

BUDGET IMPACT:

Funds for ongoing operational costs (software subscription, hosting and support) are incorporated into the Department of Information Technology’s yearly operating budget.

ENVIRONMENTAL DETERMINATION:

This renewal agreement 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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CITY OF SAN MATEO
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ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Renewal Agreement

STAFF CONTACT
Pete Owen, Director, Information Technology
[email protected]
(650) 522-7074
David Hulten, Project Manager II
[email protected]
(650) 522-7311
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR A THREE-YEAR RENEWAL PURCHASE

AGREEMENT WITH CARTEGRAPH SYSTEMS, LLC FOR SOFTWARE SUBSCRIPTION, CLOUD HOSTING, AND

TECHNICAL SUPPORT
($354,760)

WHEREAS, in May 2016, the City Council approved the purchase and implementation of an operations management system with Cartegraph Systems, LLC (Cartegraph OMS) to meet the City’s needs for operational field work; and
WHEREAS, Cartegraph OMS was successfully implemented and replaced two obsolete systems; WHEREAS, the Cartegraph OMS was renewed for three years on May 6, 2019, and continues to serve its purpose in support of the City’s operational field work as intended; and WHEREAS, the 2019 renewal is expiring, and staff has determined another renewal will best serve the City’s operational field work needs going forward; and WHEREAS, in accordance with Municipal Code section 3.60.050(b), agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing, or impossible; and WHEREAS, a three year renewal for the Cartegraph OMS is in the best interests of the City because the system has been fully implemented and has been operating successfully since its implementation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, FINDS and RESOLVES that:

1. The renewal of Cartegraph OMS is not a project subject to CEQA because it is an organization or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

2. Pursuant to San Mateo Municipal Code section 3.60.050(b), calling for bids would be impracticable, unavailing, or impossible because:
a. The initial award of an agreement with Cartegraph Systems, LLC was approved by the City Council in May 2016 after a recommendation from a City multi-departmental committee which evaluated proposals from various vendors;
b. Cartegraph OMS was selected as the program which would best serve the City’s needs; c. Catregraph OMS was thereafter implemented, and has been operating successfully since its go- live in April 2017;
d. The City’s renewed the agreement for a three-year term in May 2019; and 64 of 245
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e. A review of vendors and implementation of an alternative operation management system would disrupt current City operations.

3. The three-year renewal of the Cartegraph OMS, in the amount of $354,760 is approved.

4. The Director of Information Technology is authorized to execute an agreement with Cartegraph Systems, LLC on behalf of the City in substantially the form presented. 65 of 245
City of San Mateo / 1/28/2022

City of San Mateo

Cartegraph Solutions
Purchase Agreement

PA#: PA-006166
Date Prepared: 1/28/2022
Date of Expiration: 5/31/2022

For any questions or assistance, please contact:

Mike Koenig
Senior Account Manager
Phone: 918-625-2083
Mobile: +1 9186252083
Email: [email protected]

Cartegraph Systems LLC
3600 Digital Drive
Dubuque, IA 52003-8962
http://www.cartegraph.com
Toll Free: (800) 688-2656
Phone: (563) 556-8120
Fax: (563) 556-8149

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City of San Mateo / 1/28/2022
Purchase Agreement
Cartegraph Systems LLC is pleased to present this Purchase Agreement for the implementation of world class technology solutions. This Purchase Agreement is made and entered into between City of San Mateo (hereinafter referred to as "City of San Mateo", or "Customer") and Cartegraph Systems LLC (hereinafter referred to as Cartegraph). In the case that any terms or conditions provided in the Cartegraph Solutions Agreement differ from, are provided in more detail by, or are made irrelevant by the terms and conditions provided in this Purchase Agreement, the terms in this Purchase Agreement shall control. For all terms and conditions not addressed by this Purchase Agreement, the Cartegraph Solutions Agreement shall control.

CUSTOMER ADDRESS: LICENSEE ADDRESS:

City of San Mateo
330 West 20th Avenue
San Mateo, California
94403
City of San Mateo
330 W 20TH Ave
San Mateo, California
94403-1338

The following Addendums are attached to the Purchase Agreement and are incorporated by reference:

ADDENDUM A - SOLUTIONS SUPPORT
ADDENDUM B - Not Used
ADDENDUM C - SOLUTIONS AGREEMENT can be found at www.Cartegraph.com/solutions-agreement ADDENDUM D - Not Used

ADDENDUM E - CARTEGRAPH OMS EDITIONS
ADDENDUM F - Not Used

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City of San Mateo / 1/28/2022
Investment Summary
The following section describes Purchase Agreement line items for Customer's Solution. Based on the core needs that have been identiﬁed and understanding the organization's budgeting and funding cycle, Cartegraph is providing the following Solution conﬁguration.

Term 1 - 5/19/2022 - 5/18/2023 -
Subscription
No. Product Code Quantity Price
1 OMS Plus OMSPLS 1 USD 85,055.00
2 OMS User OMSUSR 103 USD 24,480.00
3 Integration Toolkit (option) OMSAPI 1 USD 3,145.00
4 Asset Builder (option) OMSABD 1 USD 2,095.00
5 Facilities Domain DOM001 1 USD 0.00
6 Flood Protection Domain DOM003 1 USD 0.00
7 Parks & Recreation Domain DOM004 1 USD 0.00
8 Sanitary Sewer Domain DOM005 1 USD 0.00
9 Signal Domain DOM006 1 USD 0.00
10 Stormwater Domain DOM007 1 USD 0.00
11 Transportation Domain DOM008 1 USD 0.00
12 Walkability Domain DOM009 1 USD 0.00
13 Water Distribution Domain DOM010 1 USD 0.00
Term 1 - 5/19/2022 - 5/18/2023 - Subscription TOTAL: USD 114,775.00 Term 2 - 5/19/2023 - 5/18/2024 -
Subscription
No. Product Code Quantity Price
1 OMS Plus OMSPLS 1 USD 87,610.00
2 OMS User OMSUSR 103 USD 25,215.00
3 Integration Toolkit (option) OMSAPI 1 USD 3,235.00
4 Asset Builder (option) OMSABD 1 USD 2,160.00
5 Facilities Domain DOM001 1 USD 0.00
6 Flood Protection Domain DOM003 1 USD 0.00
7 Parks & Recreation Domain DOM004 1 USD 0.00
8 Sanitary Sewer Domain DOM005 1 USD 0.00
9 Signal Domain DOM006 1 USD 0.00
10 Stormwater Domain DOM007 1 USD 0.00
11 Transportation Domain DOM008 1 USD 0.00
12 Walkability Domain DOM009 1 USD 0.00

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No. Product Code Quantity Price
13 Water Distribution Domain DOM010 1 USD 0.00
Term 2 - 5/19/2023 - 5/18/2024 - Subscription TOTAL: USD 118,220.00 Term 3 - 5/19/2024 - 5/18/2025 -
Subscription
No. Product Code Quantity Price
1 OMS Plus OMSPLS 1 USD 90,235.00
2 OMS User OMSUSR 103 USD 25,970.00
3 Integration Toolkit (option) OMSAPI 1 USD 3,335.00
4 Asset Builder (option) OMSABD 1 USD 2,225.00
5 Facilities Domain DOM001 1 USD 0.00
6 Flood Protection Domain DOM003 1 USD 0.00
7 Parks & Recreation Domain DOM004 1 USD 0.00
8 Sanitary Sewer Domain DOM005 1 USD 0.00
9 Signal Domain DOM006 1 USD 0.00
10 Stormwater Domain DOM007 1 USD 0.00
11 Transportation Domain DOM008 1 USD 0.00
12 Walkability Domain DOM009 1 USD 0.00
13 Water Distribution Domain DOM010 1 USD 0.00
Term 3 - 5/19/2024 - 5/18/2025 - Subscription TOTAL: USD 121,765.00

Summary By Term - Includes Services & Subscriptions
_____________________________________________________________________________________________________________________________ Total Term 1 USD 114,775.00
Total Term 2 USD 118,220.00
Total Term 3 USD 121,765.00

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Investment Notes:

• All pricing presented in this document is valid through the date of expiration. Any pricing concessions made are only applicable to this transaction and should not be assumed for future purchases. • Purchasing the products presented in this document through any alternative procurement method other than that identiﬁed will require a revised price proposal which may include an associated price adjustment.
• Any applicable taxes are not included.
• Pricing does not include any applicable Esri ArcGIS licenses. • Customer Purchase Order or Contract must reference the Cartegraph Purchase Agreement Number identiﬁed on the title page of this document for pricing to be valid. • All pricing is in U.S. Dollars ($USD).
• Pricing is valid through 5/31/2022

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Payment Terms and Conditions
In consideration for the Solutions provided by Cartegraph to Customer, Customer agrees to pay Cartegraph the Fees as described below:

DELIVERY
Upon execution of this Purchase Agreement, Cartegraph will provide the Solution Subscriptions and/or Services as detailed in the Investment Summary.

SOLUTION SUBSCRIPTION INVOICING
Customer shall be provided with the ability to access and use the Solution Subscriptions upon execution of this Purchase Agreement. The payment for the initial term is due upon execution of the Purchase Agreement.

Payment for any subsequent renewal terms will be due in annual installments 15 days prior to the anniversary of the initial term in the amount(s) that follow:
• Term 1: $114,775.00
• Term 2: $118,220.00
• Term 3: $121,765.00

PAYMENT TERMS
• All payments are due Net 30 days from start date of invoice. • All payments are to be in U.S. Dollars.

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Acceptance

BY SIGNING BELOW, THE PARTIES AGREE THAT ALL USE AND ACCESS TO THE SOLUTIONS DESCRIBED IN THIS PURCHASE AGREEMENT SHALL BE GOVERNED BY THE CARTEGRAPH SOLUTIONS AGREEMENT. THE PARTIES

AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PURCHASE AGREEMENT, THE CARTEGRAPH

SOLUTIONS AGREEMENT, AND ALL OTHER AGREEMENTS AND ADDENDUMS SPECIFICALLY REFERENCED HEREIN.

Cartegraph Systems LLC:

By:

(Signature)

(Type or Print Name)

Title:

Date:

City of San Mateo:

By:

(Signature)

(Type or Print Name)

Title:

Date:

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ADDENDUM A
Solutions Support
As part of the annual Solution Subscription fee identiﬁed in the above Investment Summary, Customer will receive the following support for the duration of the paid subscription Term.

TECHNICAL SUPPORT

1. Campus – www.cartegraph.com/campus
Our User Assistance area is a convenient and easily shareable resource designed to help you and your co-workers better understand the functions and capabilities of your Cartegraph Solutions. Instantly access user tips, step-by- step guides, videos, and more.

2. Dedicated, Unlimited, Toll-free Phone Support - 877.647.3050 and Live Chat When questions need answers and difﬁculties arise, count on our industry- leading Support team to provide the guidance and assistance you need. Live Chat is available within the product or through Campus. Reach us as often as you need Monday-Friday, 7:00 am-7:00 pm CT.

3. Secure, Live Remote Support
If your challenge requires a more hands-on approach, we have the remote support tools to ﬁx it. Let one of our Support Team members directly interact with your system to ﬁnd a fast, effective solution.

TRAINING & EDUCATION SUPPORT

1. Convenient Online Resources
All the information you need, one click away. Take advantage of online training opportunities, tutorial videos, upcoming event information, and more.

2. Customer Led User Groups
Meet and network with similar Cartegraph users in your region. Customer led User Groups allow you to ﬁnd out what other organizations are doing to get more from their Cartegraph solutions and services.

RELEASES & UPGRADES

1. New Releases
Be the ﬁrst to know about all new Cartegraph releases, enhancements, and upgrades. Cartegraph is continuously innovating and enhancing the Cartegraph OMS collection of products and as a customer with an active subscription, you will receive each new release of the software.

1. Your cloud-hosted site will be automatically upgraded by our System Consultants after the release is available. This way, you'll experience increased system performance while gaining timely access to the latest features and functionality.

2. For your on-Premises Installation, our Technical Consultants will work with your organization's IT staff to receive the latest software release in a timely manner. This way, you'll experience increased system performance while gaining prompt access to the latest features and functionality

2. Service Packs
A Service Pack consists of lower-severity bug ﬁxes and/or small platform updates.

1. If required, cloud-hosted sites will receive Service Packs as needed. These Service Packs are installed by the Cartegraph System Consultants.

2. On-premises customers that contacted Cartegraph Technical Support about an issue that is resolved with the Service Pack, will be provided the service pack for installation. These on- premises customers can then schedule a time to install the Service Pack with our Technical Support team

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3. Hot Fixes
If an issue is determined to be a defect and falls outside the standard release cycle, Cartegraph will issue a hot ﬁx and provide application specialists with detailed levels of product knowledge to work with you in achieving a timely and effective resolution.

Cartegraph will provide the Support Services only to Customer, provided that Cartegraph reserves the right to contact any third party as necessary to facilitate the delivery of Support Services or other services relating to the Solutions. Said support applies only to the most current version of the product and the previous version in succession.

All Support Services are dependent upon the use by Customer of the Solutions in accordance with Cartegraph's documentation and speciﬁcations. Cartegraph is under no obligation to modify the Solutions so that the modiﬁed Solutions would depart from Cartegraph's published documentation and speciﬁcations for such Solutions.

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ADDENDUM E
Cartegraph OMS Editions

Cartegraph OMS supports customers in the operation, maintenance, and management of the following asset domains. By employing these features as applicable, customers can effectively manage and report on the assets that they care about. Indicated below are the capabilities and options available for each OMS Edition at the time this document was prepared, which are subject to change.

Essentials Pro Plus Premium
Dashboard / Home Screen Included Included Included Included User Management Included Included Included Included
Role Management
Included Included Included
Esri GIS Integration Included Included Included Included Report Viewer Included Included Included Included
Library Management Included Included Included Included
Standard KPI / ROI gadgets Included Included Included Included Esri Identity-Ready Included Included Included Included Structure Manager
Included Included Included
Layout Manager
Included Included Included
Import / Export
Included Included Included
Record Filter Administration
Included Included Included
Container / Component Included Included Included Included Embedded Maps Included Included Included Included
Report Designer
Included Included Included
Integration Toolkit
Option Option Included
Cartegraph for Zapier Option Option Included Included
Automation Manager
Included Included
Notiﬁcation Manager
Included Included Included
Routing – Esri Identity Required Included Included Included Included Geocode Options- Esri Identity Required Included Included Included Included

Work
Task Management Included Included Included Included

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City of San Mateo / 1/28/2022
Work Orders
Included Included
Task Calendar Included Included Included Included
Scenario Builder
Option Included

Request
Request Management Required w/ SeeClickFix Included Included Included SeeClickFix Option Option Option Option
Internal Requests Option Included Included

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Resources
Resource Management (LEMV) Included Included Included Included Advanced Material Management
Option Included
Fleet Management
Option Included Included

Assets
Asset Inventory By Domain/Asset By Domain/Asset By Domain/Asset By Domain/Asset Container / Component Included Included Included Included Preventative Maintenance Plans
Included Included Included
Asset Condition Manager / Advanced
Inspections Required w/ Fleet Mgmt. Included Included Asset Builder
Option Option Included

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CITY OF SAN MATEO
3 1
7 2

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR File ID: 22-5929 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: April 04, 2022
SUBJECT:

Service Employees International Union Local 521 Maintenance Unit – Memorandum of Understanding Amendment RECOMMENDATION:

Adopt a Resolution to amend the Memorandum of Understanding with the Service Employees International Union (SEIU) Local 521 Maintenance Unit for salary increases and a term through June 22, 2024.

BACKGROUND:

The Service Employees International Union (SEIU) Local 521 Maintenance Unit represents approximately 90 employees who work in the Public Works or Parks and Recreation Departments.

Prior to the pandemic, the City’s General Fund Long-Term Financial Plan assumed annual employee salary increases of two percent (2%). Due to the immediate and severe impact to transient occupancy tax and sales tax revenues caused by the COVID-19 pandemic, the City chose to tap into the Rainy-Day Reserve to prevent layoffs and conduct concessions bargaining. The SEIU Maintenance unit agreed to concessions during their recent successor MOU agreement that were equivalent to zero percent (0%) salary increases in fiscal years 2022 and 2023 to support the Financial Stability Plan. This agreement was reached on September 10, 2021 and adopted by Council on October 4, 2021.

The Adopted 2021-22 Budget assumed zero percent (0%) salary increases for SEIU Maintenance unit members. The mid- year budget update presented to the City Council on January 18, 2022, projected increased General Fund revenues of $10.7 million and decreased expenditures of $2.8 million, providing funds to support salary increases for those bargaining units that agreed to concessions.

Negotiations with the Service Employees International Union (SEIU) Local 521 Maintenance Unit concluded on March 2, 2022, and the membership subsequently ratified the proposed changes to their Memorandum of Understanding.

Consistent with the direction provided by the City Council, negotiators for the City and the bargaining unit have reached agreement. These agreements include:

Term: The contract will be extended for 1 additional year, expiring on June 22, 2024.

Salary: The bargaining unit will receive a 4.0% salary increase effective April 17, 2022, and a 4.0% increase effective June 25, 2023.

Retirement Health Savings Account:

1. The City’s contribution for all employees will return to 0.75% on May 1, 2022.

2. The City’s contribution for employees aged 45 or over with 15 or more years of service will return to 0.75% on May 1, 78 of 245

CITY OF SAN MATEO
3 1
7 2
2022.

Deferred Compensation:

1. The City’s match will return to 0.5% on May 1, 2022.

2. The City’s contribution will return to 1.0% on May 1, 2022.

BUDGET IMPACT:

Approval of the compensation resolution results in an increase of $94,543 in total compensation for SEIU Maintenance members for the remainder of the fiscal year. It is projected that there are sufficient budget appropriations in the Public Works and Parks and Recreation Departments’ 2021-22 operating budget to absorb the additional cost. Updated salary and benefit amounts for these positions will be incorporated into the 2022-23 budget.

ENVIRONMENTAL DETERMINATION:

This item is not a project subject to CEQA, 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).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Exhibit A - Tentative Agreement

STAFF CONTACT
Teresa Abrahamsohn, Director of Human Resources
[email protected]
650.522.7276
79 of 245

CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN MATEO AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 521 MAINTENANCE UNIT

WHEREAS, the amendments are related to salary, term, and other compensation; and

WHEREAS, the parties have met and conferred, and have tentatively agreed to amend the Memorandum of Understanding (MOU) of the Service Employees International Union Local 521 Maintenance Unit (Unit); and

WHEREAS, the Unit has ratified the amendments to the MOU (Tentative Agreement); and

WHEREAS, no appropriation of additional funds to the Fiscal Year 2021-22 Budget is necessary.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The Tentative Agreement is not a project subject to CEQA, 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).)

2. The amendments to the Memorandum of Understanding for the Service Employees International Union Local 521 Maintenance Unit, set forth in the Tentative Agreement attached as Exhibit A, is approved and summarized as follows:

Term: The contract will be extended for one additional year, expiring on June 22, 2024.

Salary: The bargaining unit will receive a 4.0% salary increase effective April 17, 2022, and a 4.0% increase effective June 25, 2023.

Retirement Health Savings Account:
a. The City’s contribution for all employees will return to 0.75% on May 1, 2022. b. The City’s contribution for employees aged 45 or over with 15 or more years of service will return to 0.75% on May 1, 2022.

Deferred Compensation:
a. The City’s match will return to 0.5% on May 1, 2022. b. The City’s contribution will return to 1.0% on May 1, 2022.

3. There is no budget impact in the current fiscal year for these recommended changes, as any increases can be absorbed within existing operating budgets. Updated salary and benefit amounts for these positions will be incorporated into the Fiscal Year 2022-23 budget. 80 of 245
City of San Mateo and SEIU Maintenance Unit - 2021 Negotiations – Follow Up Tentative Agreement
Sect
ion 14.1 Compensation Increases During the Term of Agreement The Unit will be given a base salary adjustment as outlined bel ow. The Unit will receive the following across the board increases during the term of this agreement:

August 7April 17, 2022 4.0%
June 25, 2023 4.0%

15.12 Retirement Health Savings Account
Effective November 1, 2008, the existing RHSA plan will be modified to be compliant with recent IRS rulings covering individual contributions and separation pay and shall provide for, upon separation, all eligible accrued leave balances, to be contributed to the RHSA.

All employees in the Unit will continue to be enrolled in the RHS Account in accordance with the Plan design. The administration costs of maintaining this RHS account will be borne by the City.

The Union may elect to change the above conversion of separation pay arrangement for each successive calendar year of this Agreement. The Union must notify the City’s Human Resources Department in writing no later than November 30th of the change(s) to be made for the following calendar year. In the event notification is not received by the deadline, the separation pay arrangement in effect at the time will continue for the following calendar year.

During the term of this MOU, employees in this bargaining unit may elect to contribute a set amount of salary to the RHSA. The City shall be notified of any such election sixty (60) days prior to the effective date.

Effective with the City’s change to the calculation of the FLSA overtime rate to exclude pool money in the calculation, for employees hired on or before the effective date of the change, the City shall pay biweekly contributions of an amount equal to 0.5% of the employee’s base salary into his/her Retiree Health Savings Account in recognition that pool money will no longer be included in calculation of the FLSA overtime rate. This contribution ceases when the employee leaves the bargaining unit or moves into an exempt classification.

Effective October 20, 2019, the City shall contribute zero-point seventy-five percent (0.75%) of base salary to all employees’ RHS accounts.

Upon ratification (September 28, 2021), the City’s contribution shall be reduced to zero percent (0.0%).

The City’s contribution shall return to zero-point seventy-five percent (0.75%) on June 11, 2023 May 1, 2022.

Effective July 12, 2020, the City shall contribute zero-point seventy-five percent (0.75%) to the Retirement Health Savings accounts of those employees aged 45 or over with 15 or more years of City service. Employees who become eligible for this contribution during the term of the agreement shall begin receiving contributions in the first full pay period following establishing eligibility. The

Exhibit A
81 of 245
continuation of this provision beyond the term of the contract would need to be made by mutual agreement between the parties.

Upon ratification (September 28, 2021), the City’s contribution shall be reduced to zero- percent (0.0%).

The City’s contribution shall return to zero-point seventy-five percent (0.75%) on June 11, 2023May 1, 2022.

16.1 Deferred Compensation
Employees are eligible to participate in the City-offered 457 d eferred compensation plans. All contributions to deferred compen sation plans and retirement hea lth savings accounts are contingent upon compliance with state and federal rules and regulations. The City shall provide an Employee / City match up to zero point five percent (0.5%) of b ase salary to deferred compensation.

Upon ratification (September 28, 2021), the City’s match shall be reduced to zero percent (0.0%). The City’s match shall return to zero-point five percent (0.5%) on June 11, 2023May 1, 2022.

Effective July 12, 2020 the City shall provide a contribution of one percent (1.0%) of base salary to all employees in the unit.

Upon ratification (September 28, 2021), the City’s contribution shall be reduced to zero- percent (0.0%).

The City’s contribution shall return to one percent (1.0%) on June 11, 2023May 1, 2022.

43.0 TERMINATION OF AGREEMENT
This Agreement shall terminate as of 11:59 p.m., June 1022, 20232024 In the event that this Agreement is terminated or expires the salaries and benefits paid on the date of termination shall remain in effect. Negotiations shall esta blish any changes from the last existing salary and benefits, as well as other conditions of em ployment. The use of a formula to establish salaries and benefits shall not establish past practice.

The existing and unmodified rules, regulations, resolutions, or ordinances relating to wages, hours and conditions of employment not covered in this Agreement for workers in this Unit shall remain unchanged unless the changes are the result of meeting and conferring as required by law.

Notice of Union ratification needs to be received by the City n o later than 5:00 pm March 24, 2022, in order for the above provisions to occur.

For the SEIU: For the City:
___________________________ _____________________________ Date: _______________________ Date: _________________________

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CITY OF SAN MATEO
3 1
9 6

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR File ID: 22-5933 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: April 04, 2022
SUBJECT:

San Mateo Police Sergeants’ Association – Memorandum of Understanding Amendment RECOMMENDATION:

Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo Police Sergeants’ Association for a term through June 22, 2024.

BACKGROUND:

The San Mateo Police Sergeants’ Association (hereafter “Association”) represents 17 employees.

The contract with this bargaining unit expired on June 26, 2021. Negotiations with the Association concluded on March 16, 2022, and the membership subsequently ratified the proposed changes to their Memorandum of Understanding.

Consistent with the direction provided by the City Council, negotiators for the City and the bargaining unit have reached agreement. These agreements include:

Term: The contract will be for a period of three years, expiring on June 22, 2024.

Salary: The bargaining unit will receive a 4.0% salary increase effective April 17, 2022, and a 4.0% increase effective June 25, 2023.

Overtime Hours: Comp time accrual limit increased from 96 hours to 132 hours.

Salary Advancement: Internal employees promoted to the rank of Police Sergeant will be placed at Step 4 of the Sergeants salary schedule.

Holiday (Option B); Convert holiday credit for employees that work without regard to holidays from holiday hours to holiday-in-lieu pay.

Retiree Health Savings Account (RHSA): During the term of the MOU, the City agrees to reopen this article at the request of the Association, to replace RHSA with the PORAC Retiree Medical Trust.

Educational Incentive Pay: Provide a 3.0% differential for employees who complete the California P.O.S.T. Sherman Block Supervisory Leadership Institute training program.

Other: There are language changes relating to departmental operations and housekeeping language that amend some of the terms and conditions of the contract.
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CITY OF SAN MATEO
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BUDGET IMPACT:

A supplemental budget appropriation of available fund balance in the General Fund of $46,062 for the Police Department’s 2021-22 operating budget is required to accommodate the negotiated increases.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Exhibit A - Tentative Agreement

STAFF CONTACT
Teresa Abrahamsohn, Director of Human Resources
[email protected]
650.522.7276
84 of 245

CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF
SAN MATEO AND THE SAN MATEO SERGEANTS’ ASSOCIATION
WHEREA
S, the contract with the San Mateo Sergeants’ Association (Unit) expired on June 26, 2021; and WHEREAS, the parties have met and conferred, and have tentatively agreed to amend the Memorandum of Understanding (MOU) for the Unit; and
WHEREAS, the amendments are related to salary, term, other compensation, and miscellaneous language changes relating to departmental operations, and language clarity for the unit; and WHEREAS, the Unit has ratified the amendments to the MOU (Tentative Agreement); and WHEREAS, an appropriation of additional funds to the Fiscal Year 2021-22 is necessary to finance the increases.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

2. The amendments to the Memorandum of Understanding for the San Mateo Sergeants’ Association, set forth in the Tentative Agreement attached as Exhibit A, are approved and summarized as follows:

Term: The contract will be for a period of three years expiring on June 22, 2024.

Salary: The bargaining unit will receive a 4.0% salary increase effective April 17, 2022, and a 4.0% increase effective June 25, 2023.

Overtime Hours: Comp time accrual limit increased from 96 hours to 132 hours.

Salary Advancement: Internal employees promoted to the rank of Police Sergeant will be placed at Step 4 of the Sergeants salary schedule.

Holidays (Option B): Convert holiday
credit for employees that work without regard to holidays from holiday hours to holiday-in-lieu pay.

Retiree Health Savings Account (RHSA): During the term of the MOU, the City agrees to reopen this article at the request of the Association, to replace RHSA with the PORAC Retiree Medical Trust. 85 of 245
Educational Incentive Pay: Provide a 3.0% differential for employees who complete the California P.O.S.T. Sherman Block Supervisory Leadership Institute training program.

Other: There are language changes relating to departmental operations and housekeeping language that amend some of the terms and conditions of the contract.

3. A
supplemental appropriation of $46,062 into the Fiscal Year 2021-22 Budget for the updated salary and benefits is authorized to finance the increases.
86 of 245

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Exhibit A
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City of San Mateo and Sergeants’ Association Unit
2021 Negotiations
Tentative Agreement to Sergeants Proposal #2 – Comp Time Article 15 - Overtime

15.2 Pursuant to the Fair Labor Standards Act, the following applies:

A. Overtime must be paid for a ll hours worked in excess of one hundred seventy-one (171) hours within a twenty-eight (28) day cycle. Hours worked between one hundred sixty (160) and one hundred seventy-one (171) within a twenty-eight (28) day cycle can be accrued as compensatory time at straight time rate.

B. In the event that overtime in excess of one hundred seventy-one (171) hours as defined in 17.2A above is earned by any particular employee, time off can be accrued at one and one-half (1-1/2) as compensatory time off or it can be paid at the time and one-half rate at the employee's option. Comp time shall not accrue to more than 200one hundred thirty-two (132)ninety-six (96) hours.

Date: ___________________________
For the Sergeants Association: For the City:
___________________________ ______________________________ Peter Hoffmann Stacey Cue

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City of San Mateo and Sergeants’ Association Unit
2021 Negotiations
Tentative Agreement to Sergeants Proposal #7 – Salary Advancement

Article 13 .4 Salary Advancement Within Range
Salary advancement within an established range shall be based on merit and performance as determined by the Department Head. The evaluations and recommendations of the employee's superiors will be used by the Department Head, who will determine the employee's advancement within the range.

Salary advancement within an established range is typically considered at one (1) year intervals.

The date of salary review and increase may be advanced or delayed as determined by the Department Head. Withholding salary increases shall not be considered discipline. Employees may discuss delay of step advance with their supervisor's superior, up to and including the Department Head, by requesting such a discussion within ten (10) calendar days of receipt of the document/notification of delay of step. However, no appeal shall occur from the decision of the Department Head, whether by discipline procedures, grievance, or otherwise.

Salary advancement within the range typically occurs in increments of four and one-half percent (4 1/2%). At no time shall an employee advance beyond the top of the established range.

Internal Eemployees who promote into the rank of Police Sergeant will be placed at Step 4 of the salary schedule as stated in the City of San Mateo Merit Salary Schedule.

Date: ___________________________
For the Sergeants Association: For the City:
___________________________ ______________________________ Peter Hoffmann Stacey Cue

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City of San Mateo and Sergeants’ Association Unit
2021 Negotiations
Tentative Agreement to City Proposal #3 – Holiday in Lieu

OPTION A

Article 19 - Holidays

19.1 The holidays to be observed are as follows:
(1) New Year's Day, January 1st.
(2) Martin Luther King's Birthday, 3rd Monday in January (3) Washington's Birthday, 3rd Monday in February.
(4) Memorial Day, last Monday in May.
(5) Independence Day, July 4th.
(6) Labor Day, 1st Monday in September.
(7) Veterans Day, November 11.
(8) Thanksgiving Day, 4th T hursday in November.
(9) The day after Thanksgiving.
(10) Christmas Day, December 25th.
(11) Three (3) floating holidays to be taken on working days mut ually agreeable to the employee and the department.
(12) Every day approved by the C ity Council as a public holiday, public fast, Thanksgiving, or a day of mourning.

19.2 Holiday Hours Accumulation
The maximum accumulation of holid ay credits shall be one hundre d eighty two (182) hours.

19.3 Employees who are assigned a special holiday schedule because they cannot take holidays when they fall shall be compensated for holidays as follows:

A. Such employees shall be compe nsated for thirteen (13) holiday s a year by the granting of four (4.0) hours credit on the first of each biweek ly pay period. Such time off shall be taken off under the conditions specified in S ection 24.5. This holiday credit is not reported to CALPERS as compensation.

B. Such employees shall be compensated for special holidays decl ared by competent authority by the granting of equivalent time off under the cond itions specified in Section 24.5.

19.4 If an employee is required by the City to work on any of the above holidays, he or she shall be granted equivalent time off for holiday compensation under the following conditions:

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A. Such time off shall be taken at the discretion of the Departm ent Head, with due regard for the desires of the employee and the workload of the department.

B. Holiday time shall never accumu late to more than one hundred eighty-two (l82) hours.

19.5 In the event one or more ho lidays fall within an annual vacation leave of an employee who receives holiday time off, such holidays shall not be charged as vacation leave.

19.6 Employees off probation who have taken, or are scheduled to take, at least eighty (80) hours of vacation during a calendar year may, at their option, make an irrevocable election to sell back up to one hundred t wenty (120) hours of accumulate d holiday, vacation or annual leave or a combination ther eof at the employee’s establi shed rate of pay plus applicable differentials, enumerated in Article 16.

Requests must be received by Payroll no later than December 31s t for the following year elections. No employee can sell back more than their current annual holiday accrual in the calendar year. Elected hours not requested for distribution (sell back) by December 1st will be automatically distributed in the next pay period. Sell back cannot be more than the hours available at the time of distribution.

Employees joining the bargaining unit with leave balances in ex cess of the maximum accumulation of leave hours will automatically sell back the number of hours required to meet the maximum accumulation allowed.

OPTION B

Article 19 - Holidays

19.1 The holidays to be observed are as follows:

(1) New Year's Day, January 1st.
(2) Martin Luther King's Birthday, 3rd Monday in January (3) Washington's Birthday, 3rd Monday in February.
(4) Memorial Day, last Monday in May.
(5) Independence Day, July 4th.
(6) Labor Day, 1st Monday in September.
(7) Veterans Day, November 11.
(8) Thanksgiving Day, 4th Thursday in November.
(9) The day after Thanksgiving.
(10) Christmas Day, December 25th.
(11) Three (3) floating holidays to be taken on working days mutuall y agreeable to the employee and the department.
(12) Every day approved by the City Council as a public holiday, public fast, Thanksgiving, or a day of mourning.

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19.2 Holiday Hours Accumulation

The maximum accumulation of holid ay credits shall be one hundre d eighty two (182) hours.

19.23 Holiday Factor and Differential

Employees cannot always take holidays when they fall. Effective June 26, 2022 July 11, 2021, Employees employees who are assigned a special holiday schedul e because they cannot take holidays when they fall shall be compensated for holidays as follows:not accrue paid leave for the City’s designated holidays. In recognition of this, employees shall receive holiday-in-lieu pay at the rate of 5.0% of base pay each pay period.

Remaining accrued holiday balances shall be used by the last pay period in May 2023 .

Holiday leave will not be reportable to CalPERS after the pay period ending June 26, 2021.

A. Such employees shall be compensated for thirteen (13) holidays a year by the granting of four (4.0) hours credit on the first of each biweek ly pay period. Such time off shall be taken off under the conditions specified in Section 24.5.

B. Such employees shall be compensated for special holidays declar ed by competent authority by the granting of equivalent time off under the cond itions specified in Section 24.5.

19.4 If an employee is required by the City to work on any of the above holidays, he or she shall be granted equivalent time off for holiday compensation under the following conditions:

A. Such time off shall be taken at the discretion of the Departmen t Head, with due regard for the desires of the employee and the workload of the department.

B. Holiday time shall never accumula te to more than one hundred ei ghty-two (l82) hours.

19.5 In the event one or more holidays fall within an annual vacation leave of an employee who receives holiday time off, such holidays shall not be charged as vacation leave.

19.6 Employees off probation who have taken, or are scheduled to tak e, at least eighty (80) hours of vacation during a calendar year may, at their option, make an irrevocable election to sell back up to one hundred t wenty (120) hours of accumulate d holiday, vacation or annual leave or a combination ther eof at the employee’s establi shed rate of pay plus applicable differentials, enumerated in Article 16.

Requests must be received by Payroll no later than December 31s t for the following year elections. No employee can sell back more than their current annual holiday accrual in the

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calendar year. Elected hours not requested for distribution (sell back) by December 1st will be automatically distributed in the next pay period. Sell back cannot be more than the hours available at the time of distribution.

Employees joining the bargaining unit with leave balances in ex cess of the maximum accumulation of leave hours will au tomatically sell back the nu mber of hours required to meet the maximum accumulation allowed.

The Sergeant’s Association will notify the City, with the notice of ratification, which option, A or B, its members elect.

Date: ___________________________
For the Sergeants Association: For the City:
___________________________ ______________________________ Peter Hoffmann Stacey Cue

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City of San Mateo and Sergeants’ Association Unit
2021 Negotiations

Tentative Agreement to City Proposal #5 and Union Proposal #6 – Retiree Medical Account

Article 47 - Retiree Medical Account
City Contribution
The City will contribute for each Eligible Employee, the amount of three and four tenths percent (3.4%) one percent (1%) of base pay per annum, into the R etirement Health Savings Accou nt maintained by the City.

On August 2, 2015 the City’s contribution shall be reinstated i n the amount of one percent (1%).

Effective October 11, 2015, the City’s contribution shall be in creased to three and four tenths percent (3.4%).

Effective with the City’s change to the calculation of the FLSA overtime rate to exclude ‘flexible benefit money’pool money’ (the City contribution to the cost of medical insurance premiums) from the calculation, for employees hired on or before January 1, 2017, the City shall make bi- weekly contributions of an amount equal to zero point six percent (0.6%) of the employee’s base salary into his/her Retiree Health Savings Account (RHSA) in recognition that ‘flexible benefit money’pool money’ will no longer be included in the calculation of the FLSA overtime rate.

This contribution ceases when the employee leaves the bargaining unit or moves into an exempt classification.

Beginning the first Full Pay Period following Council adoption of this agreement, the City shall contribute 2% of base salary, per pay period, to the Retirement Health Savings accounts of those employees aged 45 or over with 15 or more years of City service. Employees who become eligible for this contribution during the term of the agreement shall begin receiving contributions in the first full pay period following establishing eligibility. The continuation of this provision beyond the term of the contract would need to be made by mutual agreement between the parties.

During the term of this 2021 – 2024Agreement, the City agrees to reopen this Article, at the request of the Association, to replace the existing Retirement Health Savings Account with the PORAC Retiree Medical Trust.

Date: ___________________________

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For the Sergeants Association: For the City:
___________________________ ______________________________ Peter Hoffmann Stacey Cue

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City of San Mateo and Sergeants’ Association Unit
2021 Negotiations

Tentative Agreement to Sergeants Proposal #5 – Educational Incentive Pay

Article 18 Educational Incentive Pay
Police Sergeants with an Intermediate P.O.S.T. certificate are eligible to receive a four and one-half percent (4.5%) differential of base pay as educational incentive pay during the term of this Agreement.

Police Sergeants with an Advanced P.O.S.T. certificate are eligible to receive an eight percent (8%) differential of base pay as educational incentive pay during the term of this Agreement.

These incentive levels are not cumulative. Employees will be paid the differential for the highest level attained.

Police Sergeants who complete the California P.O.S.T Sherman Block Supervisory Leadership Institute training program are eligible to receive a three percent (3%) differential of base pay as educational incentive pay during the term of this Agreement.

This differential is in addition to any Intermediate or Advanced P.O.S.T Certificate educational incentive pay.

Date: ___________________________
For the Sergeants Association: For the City:
___________________________ ______________________________ Peter Hoffmann Stacey Cue

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City of San Mateo and Police Sergeants Unit
2021 Negotiations
Tentative Agreement to City Proposal #2 – Alternative Scheduling

Article 15 - Overtime

15.7 Patrol Sergeants Alte rnative Scheduling Plan
A. Definitions. The following defi nitions shall apply to this section only:
1) "Work Cycle" shall mean a twenty-eight (28) day period, begin ning on a day determined by the City. This work cycle definition is inte nded to be consistent with definitions of a "work period" under FLSA. 2) "Work Day" shall mean a twelv e (12) hour continuous period of on-the-job time.
3) “Work Year” shall mean two thousand eighty (2080) hours of sc heduled work hours, exclusive of leaves of absence, such as vacation, s ick leave, compensatory time off, holidays, etc.

This Section shall supersede any conflicting provisions in Article 17.

B. Scheduling. Sergeants assigned to duty in the Patrol Division will be scheduled for work days of twelve (12) hours in length,and will work a four-on, four-off cycle and an equal amount of work days to work days off during a cale ndar year, with a scheduled short 8-hour day with four (4) additional hours of regularly scheduled overtime. If off-work on the 8-hour day, eight (8) hours of leave are rec orded and no overtime will be paid. Overtime is not reported to CalPERS as compensation. It is estimated that a Sergeant so assigned would work one hundred sixty-eight (168) work hours during a work cycle, one hundred four (104) hours or more than a work year during that calendar year.

Field Operations Patrol Sergeants work 12-hour days with a scheduled short 8-hour day to stay within 160 hours in a 28-day work cycle. Hours work ed beyond 8 on the ‘short day’ are compensated as overtime at time and a half. If off-work on the 8-hour day, 8 hours of leave are recorded and no overtime. Overtime is not reported to CalPERS as compensation.

Compensation for additional hours worked will be paid at the rate of time and one- half.
1) Compensation for any work performed beyond the scheduled work day of twelve (12) hours will be paid overtime at the rate of time and one-half.

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2) Court appearance overtime will be compensated for as provided in Section

15.5 above, except that pursuant to Section 15.2(C), the employe e will determine the method of payment.

C. The Police Chief may terminate this program at any time after meeting with the Sergeants’ Association and providing written notice of schedule change to the Sergeants’ Association.

Date: ___________________________
For the Sergeants Association: For the City:
___________________________ ______________________________ Peter Hoffmann Stacey Cue

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City of San Mateo and Police Sergeants Unit
2021 Negotiations
Tentative Agreement to City Proposal #1 – Housekeeping
Article 4 – Layoff Defined

4.9 Appeal
An employee may not appeal the decision to layoff their positio n except as stated in 6

4.87 above, but may appeal the order of layoff, the bumping provisions (except the test or results of a test of qualifications), and the seniority computation by filing a written appeal with the Human Resources Department stating the basis of the appeal. An appeal must be filed within fourteen (14) calendar days of mailing of notice. The appeal shall be heard by the City Manager or their designee within ten (10) calendar day s of filing the appeal. A decision will be rendered within ten (10) calendar days of the hearing. Notice will be given by first class mail to the empl oyee and to their Unit. A furth er appeal to the Personnel Board may be filed within five (5) calendar days of mailing by filing a written appeal with the Human Resources Department stating the basis for the appeal. The hearing will be held within ten (10) calendar days of the filing of the appeal or as soon thereafter as a quorum of the Board may be gathered and a decision rendered within five calendar days of the hearing.

Article 12 - Salaries
A. Salary Adjustment
The term compensation includes base salary , Team Recognition Pay (Section B) and Above-Market Median Pay (Section C). Successful employee perfor mance is a key factor in determining compensation. Employees with an overall performance rating of satisfactory or better will receive increases in base salary.

B. Team Recognition Program
If adequate funds are available to provide Team Recognition Pay , the Unit, at its option, may elect to participate in the Team Recognition progra m. Inadequate funds may result in the need to suspend the incentive program f or one or more y e a r s . T h e m a x i m u m v a l u e f o r the team recognition program is c urrently five percent (5%) but may be changed at the Council’s discretion.

Article 15 - Overtime

15.2 Pursuant to the Fair Labor St andards Act, the following applies:

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A. FLSA Oo vertime must be paid for all hours worked in excess of one hund red seventy-one (171) hours within a t wenty-eight (28) day cycle. Hours worked between one hundred sixty (160) a nd one hundred seventy-one (17 1) within a twenty-eight (28) day cycle can be accrued as compensatory time at straight time rate.

B. In the event that overtime in excess of one hundred seventy-o ne (171) hours as defined in l715.2A above is earned by any particular employee, time off can be accrued at one and one-half (1-1/2) as compensatory time off or it can be paid at the time and one-half rate at the employee's option. Comp time shall not accrue to more than ninety-six (96) hours.

15.5 Court Appearance:

F. Standby Pay
Employees on standby status (hereafter “standby”) with court of ficials will not be entitled to court overtime pay for hours spent away from the court awaiting call or recall to the court. They shall be paid a minimum one hour of overtime pay for any day they are assigned to standby. Any time spent on standby beyond one hour in a single day will qualify for standby pay at the rate of twelve a nd one-half percent (12.5%) of their hourly rate. Employees must report within 90 minutes of being called to physically appear in c ourt. If the employee is calle d to court during the standby period, the employee will be paid at the established standby rate for actual time spent on stand-by. In addition, the employee will be paid Court Overtime for the appearance as established in this article.

Article 20 – Annual Leave Program
D. Maximum Accrual. Employees may not accrue more than two time s their annual leave as of the first of any pay period without loss of annual leave days unless specifically approved by the Personnel OfficerDepartment Head.

K. Payoff Upon Separation.

Upon separation in good standing from City service. employees s hall be paid for all accrued annual leave credits with calculations based upon t he employee’s regular rate of pay. The employ ees shall be paid per the Associ ation’s separation pay election found in section 48 47or a related side letter.

M. The limit for payment for unused accumulated sick leave upon service retirement shall be fifty percent (50%) of accumulated unused sick leave up to a maximum of 600 hours (for a those with sick leave balances of 1,200 or more hours).be twelve hundred (1200) hours at fifty percent (50%) payment for participants in the annual leave program.

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20.1 Annual Leave Advance
The City shall approve an annual leave advance for vacation pur poses to an employee if requested by the employee seven days before the date the paymen t is to be made. The amount shall be seventy-five percent (75%) of the previous net paycheck.

20.4 Protected Sick Leave
Family sick leave may be taken and, if taken, shall be charged to sick leave or annual leave, or, with the concurrence of the department head, to holiday, or Compensatory Time Off (CTO) leave, for the following reasons:
x The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee.
x The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s family member, as defined in California L a b o r C o d e 245.5(c)
x An employee who is a victim of domestic violence, sexual assault or stalking.

Not more than forty-eightseventy-two (4872) hours of such protected sick leave shall be granted in any one (1) year. However, if extenuating circumstances exist, at the discretion of the Department Head, a reasonable extension of the six (6) d ay limit may be granted.

Any additional leave so granted shall be charged against the employee's accumulated sick or annual leave, at the employee's option.

Article 21 – Regular Leave Program (Sick Leave and Vacation Leave Programs)

21.2 Sick Leave Accrual
For full-time regular and probationary employees, sick leave shall be accrued at the rate of

3.7 hours for each biweekly pay period of service or ninety-six (96) hours per year. Unused sick leave shall be accumulated. The maximum amount payable up on retirement is one- half (1/2) of the balance of nine hundred sixty (960) hours, or one-half (.501/2) of twelve hundred (1200) hours for an employee who participates in the Annual Leave Program.

Any employee who is on paid leave shall continue to earn sick leave credit. An employee who is on leave without pay shall not accrue sick leave credits . Sick leave shall accrue during an absence which is a result of occupational disability resulting from City service.

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Article 22 – Vacation Leave

22.1 City Policy
Vacations are considered essential to the employee's welfare an d they are granted by the City to allow employees relaxation and rest from their duties. Therefore, it shall be the policy of the City not to allow the excess accumulation of vacation leave.

All full-time regular employees shall be entitled to annual vacation leave with pay as provided below.

22.7 Vacation Emergency
The Department Head is authorized to grant use of up to two (2) days’ days of vacation in advance of accrual only in instances where the vacationing empl oyee is unavoidably detained through no fault of his or her own and the employee ha s no other accrued leave credits.

22.11 Payoff Upon Separation
Upon separation in good standing from City service, employees shall be paid for all accrued vacation leave credits with calculations based upon the employee’s regular rate of pay. The employees shall be paid per the Association’s separation pay election found in section 48 47 or a related side letter.

22.12 Accumulation of Vacation, Sick Leave and Holiday Credits Vacation, sick leave, and holiday credits shall be made on a pro-rata basis to an employee in accordance to regular hours (non-overtime) on the payroll. Credit shall not be received for time off without pay.

Article 36 - Uniform and Equipment Allowance
Effective October 11, 2015, uUniform allowance is paid at $36.7346.15 per pay period. Effective the first full pay period after Council adoption, the uniform allowance will be increased to $46.15 per pay period.

Article 48 – Deferred Compensation
Effective the first pay period following Council adoption the C ity shall contribute two- and one- half percent (2.5%) of base salary into the Police Sergeants’ 457 deferred compensation accounts.

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Letters of Understanding – Delete the following:

Duty Differential dated 1/24/2019: Addressed and include in Section 16.3 – Other Duty Differentials.

Removal of Documents from Personnel Files dated 1/24/2019: Time frame elapsed.

Article 14 – Base Pay and Premium Pay Calculations dated 10/22/2019: Addressed and include above.

Date: ___________________________
For the Sergeants Association: For the City:
___________________________ ______________________________ Peter Hoffmann Stacey Cue

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City of San Mateo and Sergeants’ Association Unit
2021 Negotiations

Tentative Agreement to City Proposal #1A – Housekeeping Article 14 - Base Pay and Premium Pay Calculation
The annual hourly factor used to calculate the hourly rate for premium pay is two thousand and eighty (2,080) hours. Base salary shall be predicated on two t housand and eighty (2,080) hours.

The hourly rate is used to determine the following premium pay benefits:

Motorcycle Patrol /Traffic UnitSergeant Educational Incentive Bilingual Standby Alert-
Overtime Pay Vacation Buy-Back
Out of Class Pay Detective Division Differential (Investigations Unit including employees assigned to local and federal task force) Press Information OfficerPolice Administrative Sergeant PAL Dire ctor/Youth Services UnitDivision
Training and RecruitmentSupport Services Sergeant Crime Reduction Unit (CRU)Gang Detail Unit
The master salary schedule sha ll have equal differentials betwe en regular steps. There may be open ranges for promotions.

Article 15 - Overtime

15.5 Court Appearance:

E. Lunch breaks taken during court overtime are not compensable. However, when court meal times exceed one (1) hour, the employee shall be ent itled to compensation at the rate the time by which the meal break exceeds one hour.Lunch breaks taken during court overtime are not compensable. Howeve r, when court meal times exceed one (1) hour, the employee shall be entitled to compensation at the rate prescribed in Section 15.4 for the time by which the meal break exceeds one hour
Article 16 – Duty Differential

16.1 Bilingual Differential
Subject to PSA Proposal.

Based upon the City’s need, the b ilingual proficie ncy of the em ployee and the recommendation of the Department H ead, the Human Resources Dire ctor will approve bilingual premium pay to an employee at$181.96 per pay period. Effective October 11,

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2015, bilingual premium pay shall be increased to $200.00 biweekly for eligible employees.

16.3 Other Duty Differentials
A five percent (5%) work differential will be paid to those Police Sergeants assigned to theas follows: Investigations Uunit, (including but not limited to employees assigned to a local/federal task force), Traffic Detail, PAL/Youth Services Bureau Director , Crime Reduction Unit (CRU), and Training and Recruitment Sergeant. x Detective Division Premium Pay – special compensation paid sergeants who are routinely and consistently assi gned to the investigative divisi on including when assigned full-time to an outside Task Force;
x Gang Detail Assignment Premium – special compensation paid to sergeants in the Crime Reduction Unit (CRU) who ar e routinely and consistently a ssigned to enforce laws relating to a gr oup of individuals banded together f o r u n l a w f u l activities including when assigned full-time to an outside Task Force; x Motorcycle Patrol Unit Premium - special compensation paid to sergeants routinely and consistently assigned to operate and/or patrol on motorcycle; x Press Information Sergeant Police Administrative Sergeant Premium - compensation to rank and file police officers who are routinely and consistently assigned to police administration to provide support for the po lice chief and command staff in the operation of the police department; x Training and Recruitment Support Services Sergeant; and. x Youth Services Unit
Article 17– Acting Pay
An employee assigned in writing to work in a higher classification shall receive “Temporary Upgrade Pay” if:
the employee will assume the full range of duties of the higher classification; the assignment will not and does not exceed 960 hours in a fiscal year; and the assignment is to a position in a higher class that is vacant during recruitment for a permanent employee (i.e., does not include a vacancy due to an employee on leave).

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Temporary Upgrade Pay shall be at the pay step in the higher class closest to but no less than 5% higher than the employee’s pay and is intended to be pensionable compensation under Government Code section 20480. To qualify as Temporary Upgrade Pay rather than Acting Pay (see next paragraph), the assignment must be approved by the Chief of Police or the Chief’s designee.

An employee assigned to work in a higher classification will receive “Acting Pay” if the employee will assume the duties of the higher classification and does not qualify for Temporary Upgrade Pay. Acting Pay shall also be at the pay step in the higher class closest to but no less than 5% higher than the employee’s pay but is not pensionable compensation under Government Code section 20480.

All compensation provided under this section shall be on an hour for hour basis, with no minimum number of hours required.

In the event the Police Chief determines that it is necessary t o assign an employee to perform all of the duties of a higher paid merit system classification, the employee shall receive the rate of pay of the higher classification during their regularly scheduled hours of work. Such rate of pay shall be at that rate the employee would be entitled to in the event of a promotion. In the event the Police Chief determines that it is necessary to assign an employee to perform all of the duties of a higher paid merit system classificati on, the employee shall receive th e rate of pay of the higher classification during their regularly scheduled hours of work. Such rate of pay shall be at that rate the employee would be entitled to in the event of a promotion. If the employee is placed on standby/on call status outside of their normal hours of work, t he employee shall receive standby pay as described in Article 1615, section 1615.5. Such rate of pay shall be based on the employees’ regular rate of pay.

The employee shall be entitled to overtime pay for any hours wo rked beyond their regularly scheduled hours as described in Article 15 for work performed w hile assuming the duties of the higher payed paid merit position. Such rate of pay s hall be paid at one and one-h alf (1 ½) times the employees’ regular rate of pay.

In the event an employee occupies a position in a higher merit classification for a period of thirty (30) or more calendar days, there will be a presumption that su ch employee is performing all of the duties of the higher classification.

Article 28 – Family Care Leave
In accordance with the Federal Family and Medical Leave Act eff ective August 5, 1993, and the California Family Rights Act eff ective October 4, 1993, the Cit y will grant job protected unpaid

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family and medical leave to eligible workers for up to twelve ( 12) weeks per twelve (12) month period. for any or more of the following reasons:

A. The birth of a child and in order to care for such child or t he placement of a child with the employee for adoption or foster care (leave for this r eason must be taken within the twelve (12) month period following the child's birth or placement with the employee); or
B. In order to care for an immediate family member (spouse, chil d, domestic partner or parent) of the employee if such immediate family member has a serious health condition. For purposes of this section, "child" is anyone under eighteen (18) years who is the employee's biological, adopted, or foster child, stepchild, legal ward, or an adult dependent child. "Parents" include biological, foster, and adoptive parents, stepparents, and legal guardians; or
C. The employee's own serious health condition that makes the em ployee unable to perform the functions of their position.

In general, Family MedicalCare Leave is available to workers for: the birth or adoption of a c hild or placement of a foster child; care for a n immediate family member of the worker if such immediate family member has a serious health condition; or the w orker’s own serious health condition that makes the worker unable to perform the functions of their position.

The City will adhere to applicable Federal and State laws regarding fFamily and Medical Lleave.

For specific conditions governing Family Medical Leave, please refer to the City Policy., which is incorporated herein by this reference
The following provisions apply to Family Care Leave:

A. Eligible employee means having been employed for the City for twelve (12) months and having worked at least twelve hundred fifty (1,250) hours d uring the twelve (12) month period immediately preceding the commencement of the leave.

B. Medical verification is require d for employee or ill family member for the medical leave period.

C. Employees are required to give at least thirty (30) days writ ten notice in the event of a foreseeable leave. In unexpected or unforeseeable situati ons, an employee should provide as much written notice as practicable.

D. Employees may use accrued vacation as part of the family leav e period. Use of sick leave is not required but m ay be used under the same regul ations governing the use of sick leave. Use of sick leave does not extend the m aximum four-month period of family care leave.

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E. Should both parents work for the City, each may be granted up to twelve (12) weeks leave.

F. Maternity leave under state law is accounted for separately. Pursuant to State Law, an employee is eligible for up to four months leave.

G. Health benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Acts. Under the current law, the City will continue health coverage under the same conditions as coverage would have been provided if the employee had been continuously employ ed during the leave period.

H. Employees taking family care leave will be returned to the sa me or comparable job with the same pay at the conclusion of their leave.

I. Family care leave will not constitute a break in service for purposes of any employee benefit plan. Employees returning from leave shall re turn with no less seniority than accumulated on the date leave began.

J. Where seniority is used for purposes of vacation and/or shift bidding, family care leave shall not result in a loss of department seniority.

Article 34 - Long-Term Disability Insurance
The City shall provide long-term disability insurance providing for a sixty (60) day elimination period and payment of a monthly benefit equivalent to sixty-six and two-thirds percent (66-2/3%) of full salary. Effective Ja nuary 1, 2013 the City will no lon ger provide long-term disability insurance to the Police Sergeants Unit. Members will pay for LTD benefits through their PORAC membership.

Article 39 - Optional City Contribution /Pool MoneyFlexible Benefit Plan It is understood that during the term of this contract, the City may seek expert opinion as to the parameters of this program and all contributions to pool flexible benefit money are contingent upon compliance with state and federal rules and regulations. The Parties agree to meet and confer regarding a replacement provision if any part of this structure is found to be noncompliant.

Single Coverage:

Effective January 6, 2013 for employees choosing Single coverage, the employee’s monthly pool money distribution will cover 100% at the Single Party level, up to the cost of the least expensive HMO plan covering Bay Area health care providers offered under the PEMHCA contract.

Effective January 3, 2016, Ff or employees choosing Single cove rage, the employee’s monthly flexible benefitpool money distribution will cover 100% at the Single Party level fo r the Kaiser Bay Area plan covering Bay Area health care providers offered under the PEMHCA contract.

Two Party Coverage:

Effective January 6, 2013 for employees choosing 2-Party coverage, the employee’s monthly pool

------
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money distribution will cover 90% at the 2-Party level for the least expensive HMO plan covering Bay Area health care providers offered under the PEMHCA contrac t. Effective January 3, 2016, fFor employees choosing 2-Party coverage, the employee’s monthly flexible benefit pool money distribution will cover 90% at the 2-Party level for the Kaiser Bay Area plan covering Bay Area health care providers offered under the PEMHCA contract.

Family Coverage:

Effective January 6, 2013 for employees choosing Family coverage, the employee’s monthly pool money distribution will cover 90% at the Family level for the least expensive HMO plan covering Bay Area health care providers offered under the PEMHCA contrac t. Effective January 3, 2016, fFor employees choosing Family coverage, the employee’s monthly pool flexible benefit money distribution will cover 90% at the Family level for the Kaiser Bay Area plan covering Bay Area health care providers offered under the PEMHCA contract.

For employees waiving health insurance entirely, the employee will be eligible to receive $100 per month as part of their salary.Effective January 3, 2016, eEmployees who waive health insurance entirely shall receive $160.00 per month as part of their salary.

Flexible benefitPool money for part-time merit workers working less than 40 hours per week shall be prorated. Any workers exceeding 40 hours per week will not be given any additional pool money.

PEMHCA Minimum:

The City’s maximum, monthly contribution for each eligible, act ive workeremployee and retired annuitant for the purchase of medical insurance will be equal t o the minimum monthly employer contribution required under PEMHCA. Any increases to the PEMHCA minimum will result in a corresponding decrease in the amount of the additional City con tribution, so that the total maximum City contribution never exceeds the amount listed in th e Maximum City Contribution listed above.

Cafeteria Plan:

The parties are aware the City's Cafeteria Plan of benefits may be impacted by recent and ongoing changes in tax laws. City agrees to meet and confer regarding proposed changes in the structure of the Plan prior to making changes. The level of benefits and City's contribution shall not be open to renegotiation. Benefits shall be taxed as required by law.

Article 44 - Cafeteria Plan
The parties are aware that City's Cafeteria Plan of benefits may be impacted by recent and ongoing changes in tax laws. City agrees to meet and confer regarding proposed changes in the structure of the Plan prior to making changes. The level of benefits and City's contribution shall not be open to renegotiation. Benefits shall be taxed as required by law.

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Date: ___________________________
For the Sergeants Association: For the City:
___________________________ ______________________________ Peter Hoffmann Stacey Cue

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CITY OF SAN MATEO
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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: 14 Section Name: CONSENT CALENDAR File ID: 22-5936 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Finance Department
MEETING DATE: April 04, 2022
SUBJECT:

Local Agency Investment Fund – Investment Authorization RECOMMENDATION:

Adopt a Resolution to authorize investment of monies in the Local Agency Investment Fund.

BACKGROUND:

As of February 2022, the City of San Mateo's investment portfolio had a market value of $302.5 million, of which $64.6 million was in the State of California's Local Agency Investment Fund (LAIF), which was established in the State Treasury under Government Code section 16429.1 et seq. The State Treasurer requires that the City's authorized list of employees by job classification that are authorized to deposit or withdrawal funds from LAIF by resolution and job title. The current authorizing resolution from 2016 authorizes job classifications that are no longer in existence and do not reflect the current organizational structure and task delegation in the Finance Department.

BUDGET IMPACT:

Adoption of the authorizing resolution has no budget impact to the City.

ENVIRONMENTAL DETERMINATION:

This authorization is not a project subject to CEQA, 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).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Rich Lee, Director, Finance
[email protected]
(650) 522-7102
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND DESIGNATING CITY

OFFICERS AUTHORIZED TO ORDER THE DEPOSIT OR WITHDRAWAL OF MONIES WHEREAS, the Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury is hereby authorized in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

2. The following City officers holding the title(s) specified herein below or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

RICH LEE – FINANCE DIRECTOR
KAREN HUANG – DEPUTY DIRECTOR OF FINANCE
KARLEY TOFFEY – SENIOR MANAGEMENT ANALYST
RENEE HALCON – BUDGET ANALYST

3. This resolution shall remain in full force and effect until rescinded by City Council resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office. 113 of 245

CITY OF SAN MATEO
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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: 15 Section Name: CONSENT CALENDAR File ID: 22-5937 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Finance Department
MEETING DATE: April 04, 2022
SUBJECT:

Fiscal Year 2020-21 Single Audit – Acceptance
RECOMMENDATION:

Formally accept the single audit for the fiscal year ended June 30, 2021.

BACKGROUND:

The City Council formally accepted the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2021 on December 6, 2021. The full set of year-end financial reports, including the ACFR, are typically presented and accepted by December of each year. However, the final guidance from the Department of the Treasury regarding the American Rescue Plan Act (ARPA) was not available until January 2022, thus the single audit, which primarily accounts for the City's expenditure of federal grants, could not be issued until after the final guidance was available.

BUDGET IMPACT:

Acceptance of the 2020-21 single audit has no impact on the City's budget.

ENVIRONMENTAL DETERMINATION:

This single audit is not a project subject to CEQA, 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).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Single Audit and Independent Auditors' Reports

STAFF CONTACT
Rich Lee, Director, Finance
[email protected]
(650) 522-7102
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City of San Mateo

San Mateo, California

Single Audit and
Independent Auditors’ Reports

For the Year Ended June 30, 2021

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116 of 245
City of San Mateo

Table of Contents

Page

Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................................................................... 1

Independent Auditors’ Report on Compliance for Each Major Federal Program, on Internal Control Over Compliance Required by the Uniform Guidance, and on Schedule of Expenditures of Federal Awards ..................................................................................... 3

Schedule of Expenditures of Federal Awards ............................................................................................................ 5

Notes to the Schedule of Expenditures of Federal Awards ........................................................................................ 7

Schedule of Findings and Questioned Costs .............................................................................................................. 8

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REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND

OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS

Independent Auditors’ Report

To the Honorable Mayor and Members of City Council
of the City of San Mateo
San Mateo, California

We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to fina ncial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of San Mateo (the “City”), as of and for the year ended June 30, 2021, and the related notes to the basic fi nancial statements, which coll ectively comprise the City's basic financial statements and have issued our report thereon dated November 29, 2021.

Internal Control Over Financial Reporting

In planning and performing our audit of the financial statem ents, we considered the City’s (“internal control”) as a basis for designing audit procedures that are appropria te in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assi gned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combinati on of deficiencies, in internal control, such that there is a reasonabl e possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited pur pose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Compliance and Other Matters

As part of obtaining reasonable assurance about whether the City’s basic financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which coul d have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of n oncompliance or other matters that are required to be reported under Government Auditing Standards. 2121 North California Blvd., Suite 290, Walnut Creek, California 94596 Tel: 925-974-3394 • Fax: 949-777-8850
www.pungroup.cpa
3939352 Pun & McGeady_L_final.pdf 3 1/14/14 3:48 PM 119 of 245
To the Honorable Mayor and Members of City Council
of the City of San Mateo
San Mateo, California

Page 2 ends

2 Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City ’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Walnut Creek, California
November 29, 2021
120 of 245

REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM,

ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE

UNIFORM GUIDANCE, AND ON SCHEDULE OF EXPENDITURS OF FEDERAL AWARDS

Independent Auditors’ Report

To the Honorable Mayor and Members of City Council
of the City of San Mateo
San Mateo, California

Report on Compliance for Each Major Federal Program

We have audited the City of San Mateo, California’s (the “City”) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2021. The City’s major federal programs are identified in the summary of the auditors’ results section of the accompanying schedule of findings and questioned costs.

Management’s Responsibility

Management is responsible for complia nce with federal statutes, regulations , and terms and conditions of federal awards applicable to its federal programs.

Auditors’ Responsibility

Our responsibility is to express an opinion on compliance for each of the City’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referre d to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.

We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program.

However, our audit does not provide a legal determination of the City’s compliance.

Opinion on Each Major Federal Program

In our opinion, the City complied, in all material respect s, with the compliance requireme nts referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021.

Report on Internal Control Over Compliance

Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered City’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each ma jor federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control ove r compliance. Accordingly, we do not express an opinion on the effectiveness of City’s internal control over compliance.
2121 North California Blvd., Suite 290, Walnut Creek, California 94596 Tel: 925-974-3394 • Fax: 949-777-8850
www.pungroup.cpa
3939352 Pun & McGeady_L_final.pdf 3 1/14/14 3:48 PM 121 of 245
To the Honorable Mayor and Members of City Council
of the City of San Mateo
San Mateo, California

Page 2 ends

4 A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance re quirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncom pliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federa l program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testi ng based on the requirements of the Uniform Guidance.

Accordingly, this report is not suitable for any other purpose.

Schedule of Expenditures of Federal Awards
We have audited the financial statements of the government al activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2021, and the related notes to the basic financial statements, which collectively comprise the City’s basic financial statements. We have issued our report thereon dated November 29, 2021, wh ich contained an unmodified opinion on those financial statements. Our audit was conducted for the purpose of form ing our opinion on the City’s financial statements. The accompanying Schedule of Expenditures of Federal is presente d for purposes of additional an alysis as required by the Uniform Guidance and is not a required part of the basic fina ncial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain other procedures, in cluding comparing and reconciling such information directly to the underlying accounting and other records used to prepar e the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Schedule of Expenditures of Federal Awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Walnut Creek, California
February 14, 2022, except for the Schedule of Expenditures of Federal Awards, which is as of November 29, 2021.

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City of San Mateo
Schedule of Expenditures of Federal Awards
For the Year Ended June 30, 2021

See accompanying Notes to the Schedule of Expenditures of Federal Awards.

5 Federal Grant Amount
CFDA Identification Federal Provided to
Number Number Expenditures Subrecipients
U.S. Department of Housing and Urban Development
CDBG - Entitlement Grants Cluster:

Direct Programs:

Community Development Block Grant 14.218 B-20-MC-06-0018 454,384 $ 282,290$ Community Development Block Grant 14.218 Program Income 7,433 - COVID-19 - Community Development Block Grant (CARES Act) 14.218 B-20-MW-06-0018 440,000 440,000 Total CDBG - Entitlement Grants Cluster 901,817 722,290 Total U.S. Housing and Urban De velopme nt 901,817 722,290 U.S. Department of Justice
Direct Programs:

COVID-19 - Coronavirus Emergency Supplemental Funding Program 16.034 2020-VD-BX-0424 6,129 - Bullet Proof Vest Partnership (BPVP) 16.607 N/A 2,513 - Total U.S. Department of Justice 8,642 -
U.S. Department of Transportation
Highway Planning and Construction Cluste r:

Passed through the Metropolitan Transportation Commission:

Laurie Meadows Ped/Bike Safety Improvements 20.205 OBAG 2 31,634 - Passed through the Association of Governments of San Mateo County:

Congestion Mitigation and Air Quality (CMAQ) Program 20.205 CML-5102(048) 559,534 - Passed through the California Department of Transportation:

Highway Bridge Replacement & Rehabilitation Program Grant 20.205 BRLS- 5102(049) 16,104 - Total Highway Planning and Construction Cluste r 607,272 - Highway Railroad Grade Crossing Safety Program 20.301 46m001 7,106 - Highway Safety Cluste r:

Passed through California Office of Traffic Safety:

Selective Traffic Enforcement Program 20.600 PT20161 899 - Total Highway Safety Cluste r 899 -
Selective Traffic Enforcement Program 20.608 PT21163 37,004 - Total U.S. Department of Transportation 652,281 - U.S. Department of Treasury
Direct Programs:

Equitable Sharing Program 21.016 N/A 50,557 - COVID-19 - Coronavirus Relief Fund 21.019 N/A 1,272,829 - COVID-19 - Coronavirus State and Local Fiscal Recovery Funds 21.027 N/A 9,637,154 - Total U.S. Department of Treasury 10,960,540 -
National Endowment for the Humanities
Passed through the California State Library:

Library Services and Technology Act 45.310 40-9153 9,570 - Total National Endowment for the Humanities 9,570 - U.S. Department of He alth and Human Services
Aging Cluster:

Passed through the San Mateo County Aging and Adult Services:

Title III - C1 Congregate Meals 93.045 57000-07-R068151 25,550 - Total Aging Cluster 25,550 -
Total U.S. De partment of Health and Human Services 25,550 - Total Expenditures of Federal Awards 12,558,400$ 722,290 $ Fe de ral Grantor/Pass - Through
Grantor/Program Title
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City of San Mateo
Notes to the Schedule of Expenditures of Federal Awards For the Year Ended June 30, 2021

6 Note 1 – Reporting Entity

The City of San Mateo (City) was incorporated on September 4, 1894, under the laws of the State of California and enjoys all the rights and privileges applicable to a Charter City.

The City operates under the Council-Manager form of governme nt. The financial reporting entity consists of the City, the primary government, and its component units. The com ponent units discussed below are included in the reporting entity because of their operational or financial relationships with the City.

• San Mateo Joint Power Public Financing Authority

Component units are legally separate organizations for whic h the elected officials of the primary government are financially accountable. In addition, co mponent units can be other organizati ons for which the primary government’s exclusion would cause the reporting entity’s financial statements to be misleading or incomplete.

Separate financial statements for the San Mateo Joint Power Financing Authority are not available.

Note 2 – Basis of Accounting

Funds received under the various grant programs have been recorded within the genera l fund and special revenue funds of the City. The City utilizes the modified accrua l method of accounting for the general fund and special revenue funds. The accompanying Sc hedule of Expenditures of Federal Awards (“Schedule”) is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Au dit Requirements for Federal Awards (Uniform Guidance). Therefore, some amounts presented in the schedule may differ from amounts presented in, or used in, the preparation of the City’s basic financial statements.

Note 3 – Schedule of Expenditures of Federal Awards

The accompanying Schedule presents the activity of all fede ral financial assistance programs of the City. Federal financial assistance received directly from federal agencies as well as federal financial assistance passed through the State of California, San Mateo County, and the Metropolitan Transportation Commission is included in the Schedule.

The Schedule was prepared from only the accounts of various grant programs and, therefore, does not present the financial position, change in fund balance, or results of operations of the City.

Note 4 – Indirect Cost Rate

The City has not elected to use the 10-percent de minimis indirect rate as allowed under the Uniform Guidance.

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City of San Mateo
Schedule of Findings and Questioned Costs
For the Year Ended June 30, 2021

7 Section I – Summary of Auditor’s Results

Financial Statements

Type of report the auditors issued on whether the financial statements audited were prepared in accordance with GAAP: Unmodified

Internal control over financial reporting:

 Material weakness(es) identified? No

 Significant deficiency(ies) identified? None Reported

Noncompliance material to financial statements noted? No

Federal Awards

Internal control over major programs:

 Material weakness(es) identified? No

 Significant deficiency(ies) identified? None Reported

Type of auditor’s report issued on compliance for major programs Unmodified

Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? No

Identification of major programs:

CFDA Number(s) Name of Federal Program or Cluster E xpenditures

20.019 COVID-19 - Coronavirus Relief Fund 1,272,829$

20.027 COVID-19 - Coronavirus State and Local Fiscal Recovery Funds 9,637,154 Total Expenditures of All Major Federal Programs 10,909,983$ Total Expenditures of Federal Awards 12,558,400$
Percentage of Total Ex penditures of Federal Awards 86.87%

Dollar threshold used to distinguish between type A and type B programs $750,000

Auditee qualified as low-risk auditee in accordance with 2 CFR 200.520? No 125 of 245
City of San Mateo
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2021

8 Section II – Financial Statement Findings

A. Current Year Findings – Financial Statement Audit

No findings were noted on the City’s financial statement audit for the year ended June 30, 2021.

B. Prior Year Findings – Financial Statement Audit

No findings were noted on the City’s financial statement audit for the year ended June 30, 2020.

Section III – Federal Award Findings

A. Current Year Findings and Questioned Costs – Major Federal Award Program Audit

No findings or questioned costs were noted on the City’s major federal programs for the year ended June 30, 2021.

B. Prior Year Findings and Questioned Costs – Major Federal Award Program Audit

No findings or questioned costs were noted on the City’s major federal programs for the year ended June 30, 2020.

126 of 245

CITY OF SAN MATEO
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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: 16 Section Name: CONSENT CALENDAR File ID: 22-5938 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: April 04, 2022
SUBJECT:

School Crossing Guards 2022-23 – Agreement
RECOMMENDATION:

Approve an agreement with the San Mateo-Foster City School District for school crossing guards in the amount of $78,000 and authorize the Chief of Police to execute the agreement in substantially the form presented.

BACKGROUND:

The annual agreement between the City of San Mateo and the San Mateo-Foster City School District for school crossing guards expires on June 30, 2022. The proposed agreement for 2022-23 is included with this report as Attachment 1 and continues the City's contribution not to exceed $78,000 towards the cost of crossing guard positions to support the safety of San Mateo children. Crossing guards are paid $16.20 per hour as detailed in Exhibit A and will increase per the Consumer Price Index (CPI) effective January 1, 2023.

BUDGET IMPACT:

The Police Department has budgeted for this amount in the proposed 2022-23 budget.

ENVIRONMENTAL DETERMINATION:

This school crossing guard agreement is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
Exhibit A - Crossing Guard Listing

STAFF CONTACT
Nancy Beeman, Administrative Assistant
[email protected]
(650) 522-7620
Dave Peruzzaro, Police Captain
[email protected]
(650) 522-7684
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CITY OF SAN MATEO
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Tricia Toomey, Business Manager
[email protected]
(650) 522-7623
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1 SCHOOL CROSSING GUARD AGREEMENT

BETWEEN

THE CITY OF SAN MATEO
AND

THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT
This agreement, made and entered into this day of , by and between the City of San Mateo, a municipal corporation existing under the laws of the State of California, hereinafter "City," and the San Mateo-Foster City School District, hereinafter "District."
WHEREAS, the City wants to assist the District in providing protection for school children who are required to cross heavily traveled streets in the City; and WHEREAS, some protection can be afforded by placing crossing guards at specific locations in the City; and
WHEREAS, the District wishes to cooperate in providing protection for school pupils pursuant to Education Code section 45450 et seq.,
NOW, THEREFORE, it is agreed as follows:

1. The District shall select, hire, and supervise crossing guards as necessary for each of the locations shown on Exhibit A to this agreement during the hours that pupils are walking to and from nearby schools on school days during the school year. Salaries and wages shall be at rates determined by the District. The crossing guards shall be considered, and shall in fact be, employees of the District for all purposes.

2. The City agrees to reimburse District for wages and salaries paid by the District to the crossing guards for daily administrative costs incurred in providing the crossing guards so long as this reimbursement does not exceed that figure agreed to pursuant to paragraph 6 below.

3. Not later than thirty (30) days after the close of each calendar quarter, the District shall bill the City for reimbursement of the costs described in paragraph 2 above, and the City shall promptly pay the bill.

4. The City and the District shall meet during the month of March of each year during the term of this agreement to allocate the City and District portions of the crossing guard expense.

5. At any time during the term of this agreement, the District may request the City to delete or add one or more locations from or to the list attached as Exhibit A hereto. If the City determines, pursuant to California Traffic Manual section 10-08.2, that a location either should or should not have a crossing guard, the parties may amend this Agreement to add or delete a location from Exhibit A. If a location is added, the District shall promptly provide a crossing guard at that location and bill the City appropriately for the location pursuant to this agreement. 129 of 245
2 If a location is deleted, the District shall promptly remove the crossing guard and immediately cease billing for that location. During the meeting described in paragraph 4 above, the City and the District shall discuss whether any location(s) should be added or deleted.

6. For fiscal year 2022 / 2023, the City’s contribution to the District for crossing guards will not exceed $78,000. The hourly wage for the crossing guards will be $16.20, commensurate with the City’s minimum wage. On January 1, 2023, the City’s minimum wage will increase by CPI and crossing guard wages will be adjusted accordingly.

7. The District agrees to indemnify and hold the City harmless from any and all claims, loss, liability, and damages in any way arising from the acts of the District or its employees or agents, including the crossing guards, in the performance of this agreement.

8. The duty of the District to indemnify and hold harmless as set forth in this agreement shall include the duty to defend as set forth in Civil Code section 2778.

9. Insurance. The District shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement.

Minimum Scope of Insurance. Coverage shall be as broad as:
a. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001).
b. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance.

Minimum Limits of Insurance. District shall maintain limits no less than:
a. General Liability:
(Including operations,
products and completed
operations.)
$1,000,000 per occurrence for body injury, personal
injury and property damage. If Commercial
General Liability insurance or other form
with a general aggregate limit is used, either
the general aggregate limit shall apply
separately to this project/ location or the
general aggregate limit shall be twice the
required occurrence limits.
b. Workers’ Compensation As required by the State of California. c. Employers’ Liability $1,000,000 per accident or bodily injury or disease. 130 of 245
3 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, employees and agents; or the District shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its elected and appointed officials, employees, and agents, are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the District including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement (CG 20 10 11 85 or equivalent) to the District’s insurance policy, or as a separate owner’s policy. b. For any claims related to this project, District’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 shall be excess of the District’s insurance and shall not contribute with it.
c. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice has been provided to the City.

Acceptability of Insurers. District shall furnish the City with original certificates and endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

If District is self-insured, District may satisfy this requirement by providing a written statement that it is self-insured in the amounts set forth above.

10. The District warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither the District nor any of its subcontractors shall 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.
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4 11. Notices sent pursuant to this agreement shall be addressed as follows:

To the City: Chief of Police Edmund Barberini
City of San Mateo Police Department
200 Franklin Parkway
San Mateo, CA 94403
To the District: Coordinator Sue Wieser
San Mateo-Foster City School District
1170 Chess Drive
Foster City, CA 94404

12. The term of this agreement shall be from July 1, 2022, to June 30, 2023, but this agreement may be terminated by either party upon thirty (30) days’ written notice to the other party at any time and may be amended by mutual agreement in writing.

CITY OF SAN MATEO
By ________________________________________

EDMUND BARBERINI, CHIEF OF POLICE
ATTEST:
______________________________

PATRICE OLDS, CITY CLERK

SAN MATEO-FOSTER CITY SCHOOL DISTRICT
By

ALISON PROCTOR, PRESIDENT OF THE BOARD OF TRUSTEES
APPROVED AS TO FORM:

DIEGO OCHOA, SECRETARY OF THE BOARD OF TRUSTEES
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5 133 of 245

CITY OF SAN MATEO
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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: 17 Section Name: CONSENT CALENDAR File ID: 22-5956 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: April 04, 2022
SUBJECT:
330 Villa Terrace – Property Owner Appeal of Relocation Benefits RECOMMENDATION:

Adopt a Statement of Decision denying the appeal and upholding the notice to pay relocation benefits to a tenant who resides at 330 Villa Terrace.

BACKGROUND:

On March 21, 2021, the City Council conducted a hearing on the appeal from a notice compelling the property owner of 330 Villa Terrace to pay relocation benefits to a tenant due to unlawful substandard living conditions. The notice was issued pursuant to San Mateo Municipal Code Chapter 7.50 (Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units). The City Council denied the appeal and directed staff to prepare a written statement of decision for its adoption at its April 4, 2022 meeting. The written statement explaining the legal and factual basis for the Council's decision is included with this report as Attachment 1.

BUDGET IMPACT:

None
ENVIRONMENTAL DETERMINATION:

This action 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
Att 1 - Statement of Decision Denying Appeal

STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020
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9 Statement of Decision by the San Mateo City Council in the matter of the Property Owner Appeal of the Notice to Pay Relocation Benefits
(330 Villa Terrace)
Section 1. Introduction
San Mateo Municipal Code (SMMC) Section 7.50.030(a) requires property owners to pay for the relocation of their tenants when the tenants are displaced by City code enforcement activities in response to substandard housing conditions. SMMC Section 7.50.030(b) specifies instances where tenants are not considered displaced due to code enforcement activities, such as where the property owner immediately offers in writing to move the tenant into a replacement dwelling in the same building or complex, provided that additional conditions are met. SMMC Section 7.50.100 provides that property owners may contest a decision regarding relocation payments by appealing to the City Council.

In this case, City Code Enforcement staff received a complaint of a raw sewage leak at 330 Villa Terrace, Unit A (the Property) and observed multiple substandard conditions. The City then issued a notice declaring these conditions to be substandard, ordered the Property to be vacated, and ordered Terry Michaud and Kim Lucia, through their trust (the Property Owner) to pay Martha O’Brien (the Tenant) specified relocation benefits.

The Property Owner appealed and, after conducting a hearing on the matter, the City Council denied the appeal and directed the City Attorney to return to the Council with a Statement of Decision for formal adoption.

SMMC Section 7.50.100(c)(1) requires, in relevant part, that “the City Council shall issue a written decision to uphold or cancel all or part of the decision, order, or determination regarding relocation benefits… and shall state the reasons for that decision,” and that “[t]he decision of the City Council shall include findings regarding the evidence in the record and submitted at the hearing, as well as the existence of any proper grounds for the order to pay relocation benefits or the notice of penalty or fine.” This statement of decision is issued pursuant to these requirements.

Section 2. Applicable Law
SMMC Section 7.50.030 provides, in relevant part, as follows:
a) A tenant household shall be eligible for relocation payments from a property owner under this chapter if the tenant household is displaced from its dwelling or room due to the City's code enforcement activities. For purposes of this chapter, a tenant household shall be deemed to be displaced from its dwelling or room due to code enforcement activities in either of the following circumstances:

1. The tenant household vacates its dwelling or room (whether or not the property owner requires vacation) after (a) the City or a court has issued a notice to vacate, notice to abate life- threatening condition, or declaration of substandard condition covering that dwelling or room, and (b) the abatement period has expired without correction of the noncomplying condition (if a time period to abate the noncomplying condition is specified in such notice or declaration and the City or court does not order earlier vacation).
b) Notwithstanding subsection (a) above, a tenant household shall not be deemed displaced due to code enforcement activities in any of the following cases:

1. The property owner offers, in writing, to move the tenant household immediately into a replacement dwelling or room in the same building or complex, and all of the following are true:
(a) the replacement dwelling or room comparable in size, condition and amenities to the formerly occupied dwelling or room; (b) the replacement dwelling or room complies with all 135 of 245
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9 applicable zoning, building and housing codes; (c) the replacement rent is no greater than the rent charged for the formerly occupied dwelling or room; and (d) the offer was made prior to the time the tenant household has taken definitive steps to move; … SMMC Section 7.50.020 provides as follows:
“Permanent displacement” means the vacating of a dwelling or room by a tenant household due to code enforcement activities when that dwelling or room (or an equivalent dwelling or room in the building or complex), in the judgment of the Enforcement Officer, cannot foreseeably be brought into code compliance or will not otherwise be available for re-occupancy by the tenant household within ninety (90) days from the date of vacating; or when the tenant household and the property owner have agreed that the displacement shall be permanent.
"Tenant household" means one or more individuals who rent or lease a dwelling or room as their primary residence and who share living expenses.

Section 3. Evidence Presented
At the hearing on this matter, City staff presented documentary evidence and testimony to establish the following:
a) On January 27, 2022, Code Enforcement staff received a complaint of a raw sewage leak outside of the Property. Code Enforcement Officer II (CEO) Kristen Aiu immediately responded to the site to inspect the exterior and interior of the structure. During the inspection, CEO Aiu observed the following conditions:

2. The electrical system was determined to be an immediate hazard due to hazardous wiring in the main electrical box. This required immediate repair by a licensed electrician and the work has been completed with a permit.

3. Interior walls were deteriorated especially in the bathroom where moisture had caused mold, rot, and decay of the floor and walls.

4. There were no working smoke detectors or carbon monoxide alarms.

5. The interior ceiling was damaged and sagging in various places due to water intrusion from the leaking roof.

6. The exterior of the structure was severely dilapidated and contained dry rot sewage residue around the sewer clean out.
b) Due to the immediate hazardous conditions of the electrical panel, the Property Owner hired a licensed electrician to make repairs. A permit was obtained from the City and that work was finalized on February 28, 2022.
c) CEO Aiu researched City and San Mateo County property records and discovered that the Property is not a legal dwelling unit, and that compliance with the established development review and permitting process was necessary in order to have a third dwelling unit on the property (in addition to the primary home and another dwelling unit).
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9 d) CEO Aiu determined that the Property could not foreseeably be brought into code compliance within 90 days from the date of an order to vacate. Therefore, the Tenant would be considered permanently displaced due to the substandard living conditions and would be eligible for relocation benefits.

1. On February 14, 2022, a notice was issued to the Property Owner declaring the substandard conditions and ordering the Property to be vacated by no later than February 28, 2022. Included in that notice, pursuant to SMMC Section 7.50.090(a), was an order to the Property Owner to pay the Tenant for permanent relocation in the following amounts:

2. The HUD rate for a one-bedroom unit in San Mateo County ($2,923) x 3 = $8,769 (these amounts were modified at the hearing, as noted below).

3. Actual moving costs and related expenses not to exceed $1,000 to be paid within 60 days of receipt of expenses.

4. An immediate vacation allowance in the amount of $1,000 because the Tenant received fewer than 30 days advanced notice before being displaced pursuant to SMMC section 7.50.090(d). e) The Property is a one-bedroom unit, with interior walls separating the bedroom from the living area. f) The Property Owner offered a replacement dwelling to the Tenant, but the dwelling was located in Redwood City and not “in the same building or complex” as the vacated unit. Thus, the offer did not qualify for the exception to pay relocation benefits in SMMC Section 7.50.030(b)(6).

Section 4. Defenses Asserted
At the hearing on this matter, the Property Owner and their counsel argued that they were not required to pay the relocation costs charged on the following grounds:
a) The Tenant was offered a comparable unit in Redwood City. b) The Property was an efficiency unit and not a one-bedroom unit, therefore the HUD rate for an efficiency unit would apply, in the event the City Council determined that the Property Owner’s offer of a comparable unit in Redwood City did not qualify under SMMC Section 7.50.030(b)(6). c) The Property Owner was paying taxes on the Property. d) The Property Owner and their counsel provided listings of other one-bedroom listings in San Mateo leased below the HUD rate for a one-bedroom unit and asserted these were a better measure for a comparable unit.

Section 5. Findings of Fact
Based upon the evidence presented at the hearing on this matter, the City Council makes the following findings of fact:
a) On January 27, 2022, Code Enforcement staff received a complaint of a raw sewage leak outside of the Property. Code Enforcement Officer II (CEO) Kristen Aiu immediately responded to the site to inspect the exterior and interior of the structure. During the inspection, CEO Aiu observed the following conditions:

1. The interior of the storage structure had been converted to habitable space without City approval. The alterations included the addition of a bathroom and kitchen with plumbing, mechanical, and electrical improvements.
137 of 245
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9 2. The electrical system was determined to be an immediate hazard due to hazardous wiring in the main electrical box. This required immediate repair by a licensed electrician and the work has been completed with a permit.

3. Interior walls were deteriorated especially in the bathroom where moisture had caused mold, rot, and decay of the floor and walls.

4. There were no working smoke detectors or carbon monoxide alarms.

5. The interior ceiling was damaged and sagging in various places due to water intrusion from the leaking roof.

6. The exterior of the structure was severely dilapidated and contained dry rot sewage residue around the sewer clean out.
b) Due to the immediate hazardous conditions of the electrical panel, the Property Owner hired a licensed electrician to make repairs. A permit was obtained from the City and that work was finalized on February 28, 2022.
c) CEO Aiu researched City and San Mateo County property records and discovered that the Property is not a legal dwelling unit, and that compliance with the established development review and permitting process was necessary in order to have a third dwelling unit on the property (in addition to the primary home and another dwelling unit).
d) CEO Aiu determined that the Property could not foreseeably be brought into code compliance within 90 days from the date of an order to vacate. Therefore, the Tenant would be considered permanently displaced due to the substandard living conditions and would be eligible for relocation benefits.
e) On February 14, 2022, a notice was issued to the Property Owner declaring the substandard conditions and ordering the Property to be vacated by no later than February 28, 2022. Included in that notice, pursuant to SMMC Section 7.50.090(a), was an order to the Property Owner to pay the tenant for permanent relocation in the following amounts:

1. The HUD rate for a one-bedroom unit in San Mateo County ($2,923) x 3 = $8,769.

2. Actual moving costs and related expenses not to exceed $1,000 to be paid within 60 days of receipt of expenses.

3. An immediate vacation allowance in the amount of $1,000 because the tenant received fewer than 30 days advanced notice before being displaced pursuant to SMMC section 7.50.090(d). f) At the City Council hearing, CEO Aiu clarified that the HUD rate for a one-bedroom unit was $2,631, and not $2,923 as stated in the notice to the Property Owner. CEO Aiu also explained that the Property was in fact a one-bedroom unit and not an efficiency unit as claimed by the Property Owner, because a wall separated the bedroom from the living area. Accordingly, the appropriate amounts the Property Owner must pay are as follows:

1. (The HUD rate for a one-bedroom unit for three months) + (immediate vacation allowance):
($2,631 x 3 months) + ($1,000) = $8,893.

2. In addition, the Property Owner is required to pay up to $1,000 in actual moving costs and 138 of 245
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9 reasonable expenses incurred by the Tenant as substantiated by reasonable probative documentation.
g) The HUD rate is the correct measure for a one-bedroom unit pursuant to SMMC Section 7.50.090(a). h) Payment of taxes on the Property by the Property Owner is irrelevant to the substandard condition of the property, the Property Owner’s obligation to maintain the Property in accordance with all applicable laws and regulations, and the Property Owner’s obligation to make specified payments pursuant to SMMC Chapter 7.50.
i) The Property Owner offered a replacement dwelling to the tenant, but the dwelling was located in Redwood City and not “in the same building or complex” as the vacated unit. Thus, the offer did not qualify for the exception to pay relocation benefits in SMMC Section 7.50.030(b)(6).

Section 6. Conclusion
Based upon the findings above, the City Council denies the appeal of the Property Owner and affirms the notice ordering the Property Owner to pay the sum of $8,893 for relocation expenses inclusive of an immediate vacation allowance. The Property Owner is also ordered to pay up to an additional $1,000 for actual moving costs and reasonable expenses incurred by the Tenant as substantiated by reasonable probative documentation.

Section 7.

The Property Owner (Terry Michaud and Kim Lucia, through their trust), as the appellant, is informed that the time within which judicial review of this decision may be sought is governed by Section 1094.6 of the California Code of Civil Procedure.

Rick Bonilla, Mayor Date
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CITY OF SAN MATEO
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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: 18 Section Name: CONSENT CALENDAR File ID: 22-5964 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 04, 2022
SUBJECT:

Congressionally Directed Spending Projects/Community Funded Projects – Letters of Support RECOMMENDATION:

Authorize letters of support signed by Mayor Bonilla to be submitted to Senator Feinstein and Senator Padilla for Congressionally Directed Spending projects in San Mateo and to Congresswoman Speier for Community Funded Projects in San Mateo.

BACKGROUND:

California Senators Feinstein and Padilla recently opened the process for submitting requests for Congressionally Directed Spending (CDS) projects, with a due date for submissions of April 4, 2022. Congresswoman Speier also recently opened her process for Community Funded Projects (CFP) projects as well, with a due date of April 12, 2022. Working with our federal affairs consultant Smith, Dawson, and Andrews, staff has selected three projects to submit:

1. $100,000 for the acquisition of 30 additional license plate reader cameras.

2. $1.5 million for the replacement of the emergency communications radio system.

3. $1.5 million contribution to address the structural issues at Marina Library. A City contribution and a pending grant application with the State are expected to provide the remainder of the funding for this project.

Because the funding applications for Senators Feinstein and Padilla are due at 6:00 pm PST on Monday, April 4th, the letters of support signed by Mayor Bonilla for the requests to them will be sent in advance of formal Council approval at the April 4th regular meeting (Attachments 1 – 3). Should Council not approve these letters of support, staff will rescind them on April 5th. The letters of support for the projects to be submitted to Congresswoman Speier are included as Attachments 4 – 6.

BUDGET IMPACT:

There is no budgetary impact for submitting these letters of support.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Letter of Support – Feinstein/Padilla – License Plate Readers 140 of 245

CITY OF SAN MATEO
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Att 2 - Letter of Support – Feinstein/Padilla – Emergency Communications Infrastructure Att 3 – Letter of Support – Feinstein/Padilla – Marina Library Structural Improvements Att 4 – Letter of Support – Speier – License Plate Readers Att 5 – Letter of Support – Speier – Emergency Communications Infrastructure Att 6 – Letter of Support – Speier – Marina Library Structural Improvements

STAFF CONTACT
Drew Corbett, City Manager
[email protected]
(650) 522-7002
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April 4, 2022

The Honorable Dianne Feinstein The Honorable Alex Padilla U.S. Senate U.S. Senate
331 Hart Senate Office Building 112 Hart Senate Office Building Washington, DC 20510 Washington, DC 20510

RE: SUPPORT: City of San Mateo CDS Request – Acquisition of License Plate Recognition and Camera Technology

Dear Senator Feinstein & Senator Padilla:

On behalf of the San Mateo City Council and our 105,000 residents, we support the City of San Mateo ’s $100,000 CDS request for the Acquisition of License Plate Recognition and Camera Technology .

Currently the San Mateo Police Department (SMPD) has 25 A utomated License Plate Readers ( ALPR).

They have been assigned to the most strategic and highe st crime locations . This has proven to be successful, but also helped the Department identify a strong need to include other areas of ingress and egress to our city. The police tried to address it by equipping 6 mobile traffic trailers with ALPRs, but that has proven to be inadequate. The San Mateo Police Department needs 30 additional ALPRs to bring the total to 55 cameras.

SMPD officers utilize the ALPR systems every day, and it is a vital tool that is used to solve crimes. Many of these crimes would otherwise go unsolved or take an extraordinary effort to solve , but ALPR technology increases the SMPD solvability rate keeping community safer. Ten (10) other jurisdiction s with similar populations as San Mateo have more ALPRs.

For all the aforementioned reasons, the San Mateo City Council supports the City of San Mateo ’s CDS request of $100,000 for the Acquisition of License Plate Recognition and Camera Technology . Our members put their lives on the line every day to protect the public. They deserve the finest technology.

Sincerely,

Rick Bonilla, Mayor

CITY OF SAN MATEO

OFFICE OF THE MAYOR

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7040
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April 4, 2022

The Honorable Dianne Feinstein The Honorable Alex Padilla U.S. Senate U.S. Senate
331 Hart Senate Office Building 112 Hart Senate Office Building Washington, DC 20510 Washington, DC 20510

RE: SUPPORT: City of San Mateo CDS Request – Emergency Communications Radio Systems Replacement

Dear Senator Feinstein & Senator Padilla:

On behalf of the San Mateo City Council and our 105,000 residents, we support the City of San Mateo’s $1.5 million Emergency Communications Radio Systems Replacement CDS request. The City's two-way radio land mobile radio (LMR) infrastructure is the backbone of communication between the Police Department's Emergency Communications Center, field personnel, and interoperability throughout San Mateo County with federal and state agencies. The entire radio infrastructure is in dire need of replacement.

Replacement of most of the legacy equipment is necessary due to its age, lack of officer safety, functionality in its programming, unavailability of replacement parts, and unstable and unreliable power source nor appropriate back-up system. Additionally, these replacements will help support interoperability with our partner agencies along the Peninsula. Given the dynamics of mutual aid and very close borders, the San Mateo Police Department consistently supports neighboring agencies with assistance, and the radio system must have the functionality to do so during emergency situations.

Having essential communications during a disaster or an active shooter situation, as well as participating in a coordinated response, is essential to ensure public and first responder safety. For all the aforementioned reasons, the San Mateo City Council supports the City of San Mateo’s CDS $1.5 million Emergency Communications Radio Systems Replacement request.

Sincerely,

Rick Bonilla, Mayor

CITY OF SAN MATEO

OFFICE OF THE MAYOR

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7040
143 of 245

April 4, 2022

The Honorable Dianne Feinstein The Honorable Alex Padilla U.S. Senate U.S. Senate
331 Hart Senate Office Building 112 Hart Senate Office Building Washington, DC 20510 Washington, DC 20510

RE: SUPPORT: City of San Mateo CDS Request – Marina Library Restoration & Renovation

Dear Senator Feinstein & Senator Padilla:

What is more important than literacy and education? On behalf of the San Mateo City Council and our more than 105,000 residents, we endorse and strongly support the City of San Mateo’s CDS Request for $1,500,000 to renovate and rehabilitate the Marina Library.

The Marina Library has serious structural damage due shifting of its foundation, likely caused by seismic activity. This $5,000,000 project will “shore up” the foundation and keep this 50 -year-old library from literally falling into the water . In January 2 018, the City was advised that without structural reinforcement, the building would most likely need to be razed within a few years.

The Marina Library is located on the east side of San Mateo. There are no other San Mateo Public Library locations on this side of the city, as both the Hillsdale Branch and the Main Library are west of El Camino Real. The neighborhoods in this area have h istorically been less affluent than those on the western side of the city, with residents who are more racially diverse and of the working class. The Marina Library serves over 45,000 people annually, including over 3,500 school-age children.

Serving a largely working-class community, the branch is very close to LEAD Elementary School, Parkside Elementary School, and Bayside Middle School, and serves these students and their families. There are higher percentages of students who qualify for reduced lunch and English language learners at the LEAD Elementary School, which is in the Shoreview neighborhood. Students from all three of these schools make regular visits to the library as part of field trips, to work on class projects, or as a place to study and hang out.

For all the aforementioned reasons, the San Mateo City Council supports the City of San Mateo’s CDS request for $1,500,000 to renovate and rehabilitate the Marina Library.

Sincerely,

Rick Bonilla, Mayor

CITY OF SAN MATEO

OFFICE OF THE MAYOR

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7040
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April 12, 2022

The Honorable Jackie Speier, MC
House of Representatives
2465 Rayburn House Office Building
Washington, DC 20515

RE: SUPPORT: City of San Mateo CFP Request – Acquisition of License Plate Recognition and Camera Technology

Dear Representative Speier:

On behalf of the San Mateo City Council and our 105,000 residents, we support the City of San Mateo’s $100,000 CFP request for the Acquisition of License Plate Recognition and Camera Technology. Currently the San Mateo Police Department (SMPD) has 25 Automated License Plate Readers ( ALPR). They have been assigned to the most strategic and highest crime locations. This has proven to be successful, but also helped the Department identify a strong need to include other areas of ingress and egress to our city. The police tried to address it by equipping 6 mobile traffic trailers with ALPRs, but that has proven to be inadequate. The San Mateo Police Department needs 30 additional ALPRs to bring the total to 55 cameras.

SMPD officers utilize the ALPR systems every day, and it is a vital t ool that is used to solve crimes. Many of these crimes would otherwise go unsolved or take an extraordinary effort to solve, but ALPR technology increases the SMPD solvability rate keeping community safer. Ten (10) other jurisdictions with similar populations as San Mateo have more ALPRs.

For all the aforementioned reasons, the San Mateo City Council supports the City of San Mateo ’s CFP request of $100,000 for the Acquisition of License Plate Recognition and Camera Technology . Our members put their lives on the line every day to protect the public. They deserve the finest technology.

Sincerely,

Rick Bonilla, Mayor

CITY OF SAN MATEO

OFFICE OF THE MAYOR

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7040
145 of 245

April 12, 2022

The Honorable Jackie Speier, MC
House of Representatives
2465 Rayburn House Office Building
Washington, DC 20515

RE: SUPPORT: City of San Mateo CFP Request – Emergency Communications Radio Systems Replacement

Dear Representative Speier:

On behalf of the San Mateo City Council and our 105,000 residents, we support the City of San Mateo’s $1.5 million Emergency Communications Radio Systems Replacement CFP request. The City's two-way radio land mobile radio (LMR) infrastructure is the backbone of communication between the Police Department's Emergency Communications Center, field personnel, and interoperability throughout San Mateo County with federal and state agencies. The entire radio infrastructure is in dire need of replacement.

Having essential communications during a disaster or an active shooter situation, as well as participating in a coordinated response, is essential to ensure public and first responder safety. For all the aforementioned reasons, the San Mateo City Council supports the City of San Mateo’s CFP $1.5 million Emergency Communications Radio Systems Replacement request.

Sincerely,

Rick Bonilla, Mayor

CITY OF SAN MATEO

OFFICE OF THE MAYOR

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7040
146 of 245

April 12, 2022

The Honorable Jackie Speier, MC
House of Representatives
2465 Rayburn House Office Building
Washington, DC 20515

RE: SUPPORT: City of San Mateo CFP Request – Marina Library Restoration & Renovation

Dear Representative Speier:

What is more important than literacy and education? On behalf of the San Mateo City Council and our more than 105,000 residents, we endorse and strongly support the City of San Mateo’s C FP Request for $1,500,000 to renovate and rehabilitate the Marina Library.

The Marina Library has serious structural damage due shifting of its foundation, likely caused by seismic activity. This $5,000,000 project will “shore up” the foundation and keep this 50 -year-old library from literally falling into the water . In Ja nuary 2018, the City was advised that without structural reinforcement, the building would most likely need to be razed within a few years.

For all the aforementioned reasons, the San Mateo City Council supports the City of San Mateo’s C FP request for $1,500,000 to renovate and rehabilitate the Marina Library.

Sincerely,

Rick Bonilla, Mayor

CITY OF SAN MATEO

OFFICE OF THE MAYOR

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7040
147 of 245

CITY OF SAN MATEO
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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: 19 Section Name: CONSENT CALENDAR File ID: 22-5967 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 04, 2022
SUBJECT:

US 101/State Route 92 Area Improvement and Multimodal Project – Letters of Support RECOMMENDATION:

Authorize Mayor Bonilla to send letters of support on behalf of the City of San Mateo to Secretary of Transportation Pete Buttigieg, Senator Feinstein, and Senator Padilla for the San Mateo County Transportation Authority's requests for grant funding and Congressionally Directed Spending.

BACKGROUND:

The San Mateo County Transportation Authority (TA) is applying for a 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant to help fund the US Highway 101 and State Route 92 (US 101/SR 92) area improvement and multimodal project. This project will realign the US 101/SR 92 interchange, implement dedicated bicycle facilities and pedestrian access improvements, and construct a transit mobility hub. These improvements will ease congestion due to better traffic flow, reduce hazardous vehicle weaving incidents, and enhance safety conditions and local connections to and from the highway. The proposed bicycle facilities, pedestrian improvements, and transit mobility hub will support commute alternatives and improve local access for all modes of transportation. The TA is also requesting Congressionally Directed Spending funding from Senators Feinstein and Padilla in support of this project.

The TA has requested three letters of support from the City of San Mateo:

1. A letter to Secretary of Transportation Pete Buttigieg in support of the RAISE grant application.

2. A letter to Senator Feinstein requesting $5 million in Congressionally Directed Spending for this project.

3. A letter to Senator Padilla requesting $5 million in Congressionally Directed Spending for this project.

These letters are included as Attachments 1 - 3.

BUDGET IMPACT:

There is no budgetary impact for submitting these letters of support.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.
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CITY OF SAN MATEO
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ATTACHMENTS
Att 1 - Letter to Secretary Buttigieg
Att 2 - Letter to Senator Feinstein
Att 3 - Letter to Senator Padilla

STAFF CONTACT
Drew Corbett, City Manager
[email protected]
(650) 522-7002
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April 4, 2022

Secretary Pete Buttigieg
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington DC, 20590

Subject: LETTER OF SUPPORT FOR RAISE FUNDING APPLICATION FOR US 101/SR 92 AREA IMPROVEMENT

AND MULTIMODAL PROJECT

Dear Secretary Buttigieg:

On behalf of the City of San Mateo , I write in support of the San Mateo County Transportation Authority’s application for a 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant to help fund the United States Highway 101 and St ate Route 92 (US 101 /SR 92) Area Improvement and Multimodal Project. This project is co -sponsored by the City/County Transportation Authority of San Mateo County.

The US 101/SR 92 Interchange is an essential connection to the San Francisco Airport, South San Francisco biotech industries, the Silicon Valley as well as major East Bay destinations. Under normal conditions, over 345,000 vehicles travel through this interchange each day, which is consistently identified as the worst interchange in the County in terms of congestion and extended delays.

Throughout the Bay Area, we are seeing a return to pre -pandemic levels of traffic, where heavy traffic volumes and inadequate capacity at this interchange can cause traffic to slow to as little as seven miles per hour during both the morning and afternoon peak periods. These delays often result in miles of traffic in multiple directions as well as significant congestion on our local streets.

The RAISE grant funding will help fund construction activities related to the realignment of the 101/92 Interchange, implementation of dedicated bicycle facilities and pedestrian access improvements in the area, as well as construction of a transit mobility hub. The project will ease congestion by improving traffic flow, reduce hazardous vehicle weaving incidents, improve safety conditions and local connections to and from the highway. The proposed bicycle facilities, pedestrian improvements, and new transit mobility hub aim to support commute alternatives and improve local a ccess for all modes of transportation. The expected increase in the use of sustainable modes of travel, namely walking; cycling and use of transit, also help reduce GHG emissions and improve overall quality of life.

CITY OF SAN MATEO

OFFICE OF THE MAYOR

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7040
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As we all work together to improve our highway system, move more people in fewer vehicles, help reduce carbon emissions and ease congestion, we understand the long -term benefits this regionally significant project could bring San Mateo County and the entire Bay Area. We hope you wil l prioritize it for RAISE Grant funding.

Thank you for your time and consideration.

Sincerely,

Rick Bonilla
Mayor

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April 4, 2022

The Honorable Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510

Subject: LETTER OF SUPPORT FOR CONGRESSIONALLY DIRECTED SPENDING REQUEST FOR US 101/SR 92

AREA IMPROVEMENT AND MULTIMODAL PROJECT

Dear Senator Feinstein:

On behalf of the City of San Mateo, I write in support of the San Mateo County Transportation Authority (SMCTA) and the City/County Transportation Authority of San Mateo County (C/CAG)’s Congressionally Directing Spending Request of $5 million for the United States Highway 101 and State Route 92 (US 101/SR 92) Area Improvement and Multimodal Project (as part of the Fiscal Year 2023 appropriations process).

The interchange is located in the cities of Foster City and San Mateo in San Mateo County.

Your support will help fund construction activities related to the realignment of the 101/92 Interchange, implementation of dedicated bicycle facilities and pedestrian access improvements in the area, as well as construction of a tr ansit mobility hub. The project will ease congestion by improving traffic flow, reduce hazardous vehicle weaving incidents, improve safety conditions and local connections to and from the highway. The proposed bicycle facilities, pedestrian improvements, a nd new transit mobility hub aim to support commute alternatives and improve local access for all modes of transportation. The expected increase in the use of sustainable modes of travel , namely walking, cycling, and use of transit, also help reduce GHG emissions and improve overall quality of life.

CITY OF SAN MATEO

OFFICE OF THE MAYOR

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7040
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As we all work together to improve our highway system, move more people in fewer vehicles, help reduce carbon emissions, and ease congestion, we greatly appreciate SMCTA and C/CAG’s sponsorship of this regionally significant project. We hope you will prior itize it for funding as part of the Fiscal Year 2023 Department of Transportation, Housing and Urban Development Appropriations Bill.

Thank you for your time and consideration.

Sincerely,

Rick Bonilla
Mayor

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April 4, 2022

The Honorable Alex Padilla
United States Senate
112 Hart Senate Office Building
Washington, DC 20510

Subject: LETTER OF SUPPORT FOR CONGRESSIONALLY DIRECTED SPENDING REQUEST FOR US 101/SR 92

AREA IMPROVEMENT AND MULTIMODAL PROJECT

Dear Senator Padilla:

The interchange is located in the cities of Foster City and San Mateo in San Mateo County.

The US 101/SR 92 Interchange is a n essential connection to the San Francisco Airport, South San Francisco biotech industries, the Silicon Valley as well as major East Bay destinations. Under normal conditions, over 345,000 vehicles travel through this interchange each day, which is consis tently identified as the worst interchange in the County in terms of congestion and extended delays.

Your support will help fund construction activities related to the realignment of the 101/92 Interchange, implementation of dedicated bicycle facilities and pedestrian access improvements in the area, as well as construction of a transit mobility hub. The project will ease congestion by improving traffic flow, reduce hazardous vehicle weaving incidents, improve safety conditions and local connections to and from the highway. The proposed bicycle facilities, pedestrian improvements, and new transit mobility hub aim to support commute alternatives and improve local access for all modes of transportation. The expected increase in the use of sustainable modes of travel, namely walking , cycling, and use of transit, also help reduce GHG emissions and improve overall quality of life.

CITY OF SAN MATEO

OFFICE OF THE MAYOR

330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
(650) 522-7040
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Thank you for your time and consideration.

Sincerely,

Rick Bonilla
Mayor

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CITY OF SAN MATEO
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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: 20 Section Name: CONSENT CALENDAR File ID: 20-4022-04 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 4, 2022
SUBJECT:

Board and Commission Appointment Subcommittee – Senior Citizens Commission RECOMMENDATION:

Appoint Mayor Rick Bonilla and Council Member Joe Goethals to the Senior Citizens Commission Appointment Subcommittee.

BACKGROUND:

On November 27, 2021 an unscheduled vacancy occurred on the Senior Citizens Commission due to the passing of Irene Bluth. The Council had an established eligibility list from the last recruitment and on January 18, 2022 Council appointed Jon Wu to the partial term ending June 10, 2025. Jun Wu stepped down before serving due to the residency requirement not being met. The eligibility list is exhausted; and the Appointment Subcommittee needs to be re-established.

Per the City Council Guidelines, the City Council appoints an appointment subcommittee for each board or commission body, comprised of the Mayor (or designee) and the Council liaison to that commission. The guidelines also allow the other Council members to participate as a member of the appointment subcommittee. In order to ensure that the meeting appropriately noticed and agendized, this is the opportunity for Council to add their names as a participant to the appointment subcommittee.

BUDGET IMPACT:

There is no budget impact with this action.

ENVIRONMENTAL DETERMINATION:

This appointment 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
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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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: 21 Section Name: CONSENT CALENDAR File ID: 22-5901 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 04, 2022
SUBJECT:

City Council Strategic Plan – Adoption
RECOMMENDATION:

Adopt the City Council Strategic Plan for fiscal year 2022-23.

BACKGROUND:

The City Council goal setting process includes a three-step deliberation process resulting in the adoption of a Strategic Plan that allows for multi-year resource planning. The first step of the process was a City Council workshop, held on January 29, 2022. At this workshop, the City Council reviewed the adopted fiscal year 2021-22 Strategic Plan to remove completed items, adjust the priority levels, and propose new objectives to add to the Strategic Plan for fiscal year 2022-23.

The second step of the process was held at the March 7th City Council study session. At this meeting, the City Council reviewed the proposed work plan for each objective, the resource requirements to achieve the proposed work plan, and took public comment on the Draft Strategic Plan. Minor adjustments were made to the Strategic Plan based on staff recommendations and City Council feedback.

The fiscal year 2022-23 Strategic Plan (included as Attachment 1) is now before the City Council for adoption. Staff will return to the City Council in the fall for a mid-cycle review of the Strategic Plan that will include updates on the status of each objective.

BUDGET IMPACT:

There is no budget impact from this agenda item. Resource requirements for the adopted Strategic Plan will be incorporated into the fiscal year 2022-23 budget proposal.

ENVIRONMENTAL DETERMINATION:

This adoption of a Strategic Plan 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
Att 1 – Strategic Plan
Att 2 – Public Comment
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STAFF CONTACT
Kathy Kleinbaum, Assistant City Manager
[email protected]
(650) 522-7153
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Fiscal Year 2022‐23 City Council Objectives
Council Focus
Area
Strategic
Initiatives # Council Objectives Priority Work Plan and Expected Deliverables for 2022‐23 1 Reconstruct all failed streets in San Mateo by 2026. A Complete construction on Smooth Streets Phase III and design for Phases IV and V. 2 Address structural issues at the Marina Library A Complete stru ctural evaluation of Marina Branch Library; apply for grant funding for the improvements. 3 Replace all remaining high voltage circuits to improve safety and reliability of the street light system A
Complete construction of Baywood High Voltage project. Award contract and complete construction of Phase 3 circuits (7 circuits total). Complete design of Phase 4 circuits (9 circuits total). Prepare for Phase 4 construction at the beginning of FY2023‐24.
4 Expedite efforts to improve the stormwater collection and storage system, including dredging the Marina lagoon A Conduct public outreach for a property based City‐wide stormwa ter fee for spring 2023; finalize fee study. 5 Remove North Shoreview f rom FEMA Flood Assessment A Complete construction of the North Shoreview Levee Improvements and submit for Letter of Map Revision from FEMA to remove residential properties out of flood hazard zones. 6 Fund and deliver the Clean Water Program A Continue construction of the WWTP Expansion Project, UFES, and other sewer collection system improvements. 7 Meet the 100% trash reduction mandate A
Advertise, bid, award, and construct the Poplar Golf Course Trash Capture Device. Begin evaluation, selection, and installation of small trash capture devices. Commence implementation of enhanced trash inspections of private parcels with high and medium trash generating rates. 8 Develop an anti‐littering trash and cigarette butt outreach campaign A Implement anti‐littering campaign, promote Team Up to Clean Up volunteer cleanup events and anti‐littering messaging on social media channels and website, promote and track individual and business participation. 9 Implement a Green Fleet by 2030 A
Complete ordering of backlog of vehicles and decommission the compressed natural gas treatment system.

Develop a Green Fleet Transition Plan to identify charging needs and vehicle alternatives. Identify funding assistance programs (e.g., PG&E, Peninsula Clean Energy) and begin appropriate applications. 10 Expedite efforts to produce pota ble water from the Clean Water Program A Develop a CEQA ready preliminary design for options on advanced wastewater treatment for reservoir water augmentation and direct potable reuse with the SFPUC, SVCW/Redwood City, BAWSCA, Mid‐Pen, and Cal Water.

Stewardship of
Infrastructure
Reliability
Resilience
Environmental
Responsibility
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Fiscal Year 2022‐23 City Council Objectives
Council Focus
Area
Strategic
Initiatives # Council Objectives Priority Work Plan and Expected Deliverables for 2022‐23 11 Implement traffic programs and improvements to enhance safety for all users by utilizing public input and data, such as the input that led to the Traffic Action Plans, to improve safety on neighborhood roadways and intersections.

A Complete the Local Roadway Safety Plan and identify funding for priority safety projects in neighborhoods. Begin traffic calming policy update and Complete Streets Plan. 12 Minimize impacts to residents from train horn noise at City at‐grade crossings A
Finalize permit authorizations, complete design and initiate construction of railroad improvements and improvements within City Right‐of‐Way for 4th and 5th Avenue grade crossings. Construction completion anticipated December 2024. Begin evaluation of closure of other roadways necessary to qualify for quiet zone. 13 Proactively manage Citywide pa rking resources to optimize existing supply. A Continue to address parking needs in North Central. Identify options to address residential parking needs in Downtown San Mateo (e.g. overnight residential permits). Complete Citywide TDM Ordinance to reduce parking demand through increased use and support of alternative modes with LEAP grant funds. Identify and apply for grant funding for CPID Zoning Code revisions to update parking requirements for development projects in Downtown San Mateo.
14 Identify and implement measures to optimize vehicle traffic on major roadways, reduce green‐house gas emissions, and improve safety for all modes of transportation.

A
Coordinate with SMCTA and SamTrans on multimodal design for US101/92 Direct Connector project (grant applications for feasibility and design). Obtain project approvals, finalize EIR, and begin design on US‐ 101/Peninsula Interchange project to improve safety in North Central near Poplar Avenue. Begin design on Norfolk/Fashion Island Blvd intersection and nearby improvements to address congestion on the 19th Ave/Fashion Island Blvd. corridor.
15 Implement bicycle and pedestrian projects and programs that address safety and align with adopted City plans A
Identify dedicated funding sources for construction for bicycle and pedestrian projects with completed design.

Design ATP‐funded Delaware Street bicycle corridor project. Continue development of Complete Streets Plan.

Adopt TOD Pedestrian Access Plan and identify funding options for top priority projects. 16 Implement Library Space Master Plan A Complete installation of new desk and other furniture. 17 Provide no cost menstruation pr oducts at recreation centers A Identify whether current dispensers can allow for free product dispensing. If not, coordinate with Public Works to purchase and install new dispensers. Purchase new products when ordering Janitorial supplies. 18 Open a public bathroom in downtown A Identify options to open bathrooms in City facilities in the Downtown to the public including evaluating costs to clean and maintain and safety and security.

Quality of Life
Neighborhoods
Community
Services
2  
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Fiscal Year 2022‐23 City Council Objectives
Council Focus
Area
Strategic
Initiatives # Council Objectives Priority Work Plan and Expected Deliverables for 2022‐23 19 Enhance and fund police accountability, transparency, and efficiency and expand on coordinating police services with mental health and social services
A
Continue to work with County of SM and Stanford University Gardner Center to measure effectiveness of mental health clinician program. Conduct regular QA to ensure compliance with requirements of the Racial and Identity Profiling Act (RIPA), and incorporate RIPA data onto police transparency webpage. Continue to reevaluate and enhance transparency webpage content. Implement other projects related to transparency and accountability including LIVE 911 and Cue‐Hit. Hold Study Session to discuss role of DEI Task Force in evaluating Police Transparency.
20 Adopt an ordinance that creates a buffer zone during large protests around clinics, like planned parenthood, so that accessibility remains possible. A Conduct legal research and revi ew ordinances enacted by other cities. Draft ordinance and present to Council. 21 Implement projects and programs to enhance Police Traffic Unit services. A Increase officers assigned to Traffic Unit to provide increased coverage. Adopt/implement MAIT (Major Accident Investigation TEAM) to enhance ability to investigate major accidents with neighboring agencies. Conduct more targeted saturation details to address neighborhood complaints and problematic trends. 22 Strengthen implementation of e xisting red tag ordinance A Evaluate amendments to Municipal Code to include additional penalties for repeat offenders and modifications to the hearing procedures for currently available penalties. 23 Leverage technology in support of safe and secure neighborhoo ds A Continue to seek opportunities to enhance neighborhood safety, including but not limited to enhancing the Automated License Plate Reader (ALPR) program throughout the City. Work to secure analytical assistance to maximize effectiveness of technology efforts.
24 Maintain an ongoing community c onversation on policing in San Mateo A Continue to host Real Talk Sessions; Coffee with a cop (when Covid precautions permit); Virtual Ride Alongs; and other activities to promote communication. Continue successful Community Policing Academy program. Develop academy curriculum in multiple languages and which targets specific demographic groups (i.e. youth, seniors). 25 Explore banning smoking in co mmercial areas B Implementation of this item will be deferred to a future fiscal year.

Quality of Life Public Health
and Safety
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Fiscal Year 2022‐23 City Council Objectives
Council Focus
Area
Strategic
Initiatives # Council Objectives Priority Work Plan and Expected Deliverables for 2022‐23 26 Create a Diversity and Equity Task Force A Convene the Diversity, Equity, and Inclusion Task Force to address topics recommended by City Council. Consider development of a Diversity, Equity, and Inclusion Strategic Plan for the City. 27 Establish policies to decarbonize existing buildings and infrastructure and eliminate methane gas use by 2030. A
Develop and adopt building electrification reach codes for new and existing buildings undergoing renovations for the 2022 Building Code cycle. Promote electrification of existing buildings through promoting available rebate programs and hosting public outreach events. Develop a plan for reaching the 2030 goal through the establishment of key milestones.
28 Implement the Climate Action Plan and work to reduce greenhouse gas emissions A
Continue implementation of new measures from the 2020 CAP including commercial energy efficiency benchmarking, expansion of EV infrastructure, and explore reach codes for the 2023 Building Code update related to electrification, Electric Vehicle readiness, and solar installations. 29 Study campaign finance reform policies, including voluntary expenditure limit, disclosure requirement for independent expenditures, and improving access for voter education initiatives.

A Conduct legal research and revi ew ordinances enacted by other cities. Draft ordinance and present to Council. 30 Explore policies to strengthe n AB1482 Tenant Protection Act A Outreach to tenant and landlord group to Identify issues related to AB1482 provisions. Survey other programs and propose revisions for Council consideration.
31 Explore ways to explore expanding youth participation and representation on Boards and Commissions A
Research practices in other jurisdictions that have youth representation on boards and commissions; analyze best practices; develop policy options for implementing enhanced youth participation in the City's decision making processes.
32 Evaluate leaf blower regulations A Analyze policy options and best practices from other jurisdictions with the Sustainability and Infrastructure Commission and bring forward recommendations for City Council consideration. 33 Study landscaping water conservation policies A
Continue to implement implementation of SMMC Chapter 23.72 and conditions of approval requiring repair of damaged landscaping with drought tolerant plants, and return to Council with a study session to explore other potential landscaping water conservation policies.
34 Study fiscal impact of adopting an environmental, social, and corporate governance (ESG) provision for our City’s investment policy. A Council study session in late spring to evaluate the financial impact to the City's investment portfolio by adding ESG provisions to its Investment Policy.
35 Create a racial equity community art project A
The pedestrian B Street areas have been identified as potential locations and possible a street art idea introduced informationally to the Civic Arts Committee. Will utilize input from the City's taskforce members and the Civic Arts Committee to further explore the location opportunities and further develop ideas for themes and process. 36 Pursue development and preservation of housing to increase supply of affordable and workforce housing and leverage external funding sources for affordable housing.

A Continue to look for opportunities to increase supply of affordable and workforce housing, including City surplus sites downtown and acquisition/rehab of existing housing. Continue to look for additional funding sources.

Framing the
Future
Social
Leadership
4  
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Fiscal Year 2022‐23 City Council Objectives
Council Focus
Area
Strategic
Initiatives # Council Objectives Priority Work Plan and Expected Deliverables for 2022‐23 37 Implement mandates for composti ng in multi‐family dwellings A Continue to work with South Bayside Waste Management Authority (SBWMA), San Mateo County Office of Sustainability (County OOS), and city staff to implement requirements for SB1383 outreach, organic recycling programs, tracking and enforcement, edible food recovery program, and organic materials procurement. 38 Analyze density minimums for mixed‐use projects and update the Density Bonus and Community Benefits policies. A
Develop a combined Community Benefits and Density Bonus Program, with clear thresholds, parameters, and options for developers depending on the project type. Evaluate the minimum requirements for residential uses in Mixed‐Use Projects and propose ordinance amendments.
39 Consider the adoption of wage theft protections C Staff will continue to monitor the adoption and implementation of wage theft protections in other municipalities and to include information about wage theft enforcement in the annual minimum wage mailing. 40 Implement the Central Park Master Plan A Initiate construction drawings for Fallen Heroes Memorial and new playground; complete fundraising for the Fallen Heroes Memorial.
41 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).

A Conduct GIS mapping, and present analysis and recommendations to the City Council for further direction through a study session.
42 Update the General Plan, including developing public benefits policy for increased height areas, urban agriculture policies, and evaluating affordable housing incentives/zoning allowances for properties with adjacent lots, such as those owned by faith‐based organizations
A
Public outreach and engagement on drafting the goals, policies and actions for all elements in the General Plan will be initiated, followed by preparation of the draft General Plan. Concurrently, preparation of the Environmental Impact Report (EIR) will be underway. Polices related to community benefits, urban agriculture and housing on properties owned by faith based organizations will be evaluated as part of this process. 43 Develop a funding strategy for existing infrastructure plans A Continue to seek grant opportunities for projects identified in existing master plans. Continue to evaluate implementation of a stormwater enterprise and associated fee.

Framing the
Future
Strategic
Planning
5  
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Fiscal Year 2022‐23 City Council Objectives
Council Focus
Area
Strategic
Initiatives # Council Objectives Priority Work Plan and Expected Deliverables for 2022‐23 44 Review Municipal Code provisions related to development review process and identify opportunities for streamlining A
CDD: Continue to revise known code errors/ambiguities, reevaluate application/implementation of existing codes, continue to work on major code changes already underway, plan for critical substantive code changes not already underway for FY 2022‐23. Implement more staff trainings to ensure codes are applied correctly and consistently, and accurate, clear, and consistent Code information is provided to customers. Update CDD website to provide more easily accessible Code/Code update information to customers.

Public Works: Retain consultant to begin the development of engineering standard details and specifications.

Identify Municipal Code sections that require updating to reflect new standards. Subsequent to development of the standards, begin preparation of Developer Guidelines for work in the right of way. 45 Plan for the downtown grade separations and long‐term train corridor improvements A Evaluate potential grant opportunities for funding grade separation studies. When funding is identified, develop RFP/RFQ to solicit consultant services for development of the Downtown Grade Separation Plan. 46 Create additional parking supply for Downtown San Mateo A Complete construction of the new downtown parking garage at 5th and Railroad. Continue to identify options for shared parking agreements with private development projects to create additional public parking supply. 47 Enhance the customer experience Downtown and in other commercial districts A Transition from the Temporary Outdoor Dining program to long‐term parklet program, host Downtown festivals (if allowed by COVID), and continue to monitor Downtown cleanliness. 48 Design and implement capital im provements for permanent street closure. A Design and initiate c onstruction on capital improvements for the permanent street closures/pedestrian malls. 49 Evaluate Downtown parking and transit incentive programs for employees A Continue implementation of the low‐income parking permit program in Downtown parking garages. Evaluate other opportunities to provide transportation incentives through coordination with regional partners (e.g.

Commute.org and/or Caltrain).
50 Increase education and resour ces to small businesses on ADA compliance A Evaluate options to support small businesses on ADA Compliance and bring policy/program options to City Council for consideration.
51 Explore options to discourage commercial vacancies B Staff to continue monitoring commercial vacancies and policy approaches in other jurisdictions. 52 Explore the establishment of Pr operty‐Based Improvement Districts (PBIDs) B Continue to gauge int erest from Downtown property owners. 53 Eliminate the City’s unfunded pension and Other Public Employee Benefits (OPEB) liabilities by no later than 2050 A Continue to pay the full annual required contribution (ARC) for pension and OPEB. Develop updated strategies to address growing pension liability.
54 Adopt a Retail Cannabis Ordinance with restrictions around schools and significant public benefits including license fees and safety standards. A Study session(s) with Council to explore legal options, receive policy direction. Draft ordinances: (1) Zoning amendment ‐ land use permit and allowed zones; (2) regulatory permit framework to screen and select applicants.
55 Develop portfolio options for sustained enhanced revenues A If there is community support for and Council direction to move forward with a revenue measure, draft an ordinance to append/amend the SMMC and a resolution for the ballot measure.

Economic
Vitality
Commercial/
Retail Districts
Financial
Sustainability
6  
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From: L. Eberhart < >
Sent: Monday, March 28, 2022 9:54 AM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: Decarbonize the City of San Mateo

Dear Mayor Bonilla, Deputy Mayor Papan, Council Member Goethals, Council Member Lee, Council Member Rodriguez and City Staff,
It is my understanding that at your upcoming April 4th City Council meeting, the Consent Calendar will include a proposed action item to formally adopt City objectives for FY2022-23. I have two requests:

1. I respectfully request that the City Council pull the City objectives item from the consent calendar. At least one of the proposed objectives – decarbonization – is so significant that additional discussion is necessary.

2. I respectively call upon the City Council to approve the proposed objective to “Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.”
Decarbonization of existing buildings and infrastructure requires extensive, focused public outreach to community groups, residents, and businesses of San Mateo. An informed decision that includes workable electrification actions will be strong and enduring. I therefore request that significant, additional staff time, budget resources and Council interest be devoted to extensive public outreach to all community members.

I believe that many San Mateo residents and businesses are ready to make the switch from fossil fuel use to all-electric. However, residents and business owners wanting to make the switch may have difficulty understanding the relevant challenges and solutions. That is why I believe that it is necessary for City staff to support the following roadmap for success in this transition:

• Educate residents and businesses about electrification – including health impacts from no action, and EASY TO FOLLOW alternatives for new appliances and equipment.
• Assess existing buildings’ energy usage and electrification capabilities, make the existing building envelopes tighter to lessen the energy required to run and then prepare for the switch to all-electric.
• Find funding mechanisms to pay for all-electric, such as rebates, on bill financing, grants, and other workable funding solutions. Especially for Landlords who may need carrots and clear info in order to act.
• Avoid stranded assets – anything not electric now will become obsolete very quickly. At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate- change-causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time
• Develop a strong workforce – electrification will need many trained workers and savvy contractors.

Thank you for your consideration of the above requests, and for your tremendous leadership in developing local solutions to the climate crisis.

Sincerely,
Leane Eberhart, Architect and resident of San Mateo

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From: Vida Hayashigatani <
Sent: Monday, March 28, 2022 11:44 PM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: April 4th City Council meeting - Requests

Dear Mayor Bonilla, Deputy Mayor Papan, Council Member Goethals, Council Member Lee, Council Member Rodriguez and City Staff,

As a member of the Climate Reality Project - San Mateo Policy Action Squad and the San Mateo Climate Action Team, I've been informed that at the upcoming April 4th City Council meeting, the Consent Calendar will include a proposed action item to formally adopt City objectives for FY2022-23.

As a 40-year+ resident of San Mateo, I have the following requests for you:

2. I respectively call upon the City Council to approve the proposed objective to “Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.”

Decarbonization of existing buildings and infrastructure requires extensive, focused public outreach to community groups, residents, and businesses of San Mateo. An informed decision that includes workable electrification actions will be strong and enduring. I therefore request that significant, additional staff time, budget resources and Council interest be devoted to extensive public outreach to all community members.

• Educate residents and businesses about electrification – including health impacts from no action, and alternatives for new appliances and equipment. • Assess existing buildings’ energy usage and electrification capabilities, to be prepared for the switch to all-electric.
• Find funding mechanisms to pay for all-electric, such as rebates, on bill financing, grants, and other workable funding solutions. • Avoid stranded assets – anything not electric now will become obsolete very quickly. At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate-change-causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time • Develop a strong workforce – electrification will need many trained workers and savvy contractors.

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Thank you for your consideration of the above requests, and for your tremendous leadership in developing local solutions to the climate crisis.

Sincerely,
Vida Hayashigatani, Resident of San Mateo

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From: Michelle Hudson < >
Sent: Tuesday, March 29, 2022 8:51 PM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: Please Support the Building Decarbonization Objective

Dear Mayor Bonilla, Deputy Mayor Papan, Council Member Goethals, Council Member Lee, Council Member Rodriguez, and City Staff,

Thank you for your strong leadership in enacting local solutions to the climate crisis. San Mateo has adopted solid Climate Action Plans, Reach Codes, and many other policies and programs in the fight against climate change. I wish that we could just leave it at that - thanking you for your past hard work and visionary climate action - and that everything would be okay. But, unfortunately, we have a rapidly closing window in which we can still avert the worst impacts of climate change that we know are coming for us, our children, our health, and our economic security.

As a busy working mom of two school aged kids, for years, I had exactly zero time to do anything about climate change. But, my climate anxiety grew as my children, both of whom have asthma, suffered as wildfires increased in number and severity. So, this past year, I finally decided to turn from worry to action. I began with self-education, and I learned that buildings account for 27% of greenhouse gas emissions in California, and a whopping 42% in the City of San Mateo (according to the City's Climate Action Plan). Along with this, I learned the very good news that cities are in a great position to do something about these greenhouse gas emissions.

Then, I really came off the sidelines. Together with other climate-concerned San Mateans, I co- founded the San Mateo Climate Action Team. You have heard from us at City Council meetings since the City Council goal setting meeting on 1/29/22. We haven’t been around for long, but our numbers are steadily growing. I believe this will just continue, as so many San Mateans, like me, are exchanging their hopelessness for hope and optimism for bold, local solutions to the climate crisis.

This brings me to the following requests of this City Council and City staff. In anticipation of the upcoming April 4 City Council Meeting, along with the other members of the San Mateo Climate Action Team, I respectfully urge this City Council to:

1. Approve Mayor Bonilla’s proposed objective to “Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.”

2. Devote significant, additional staff time, budget resources and Council interest to extensive public outreach to all community members to support decarbonization policies.

3. Support the following roadmap for success in the transition from gas infrastructure to electric:

• Educate residents and businesses about electrification – including health impacts from no action, and alternatives for new appliances and equipment. • Assess existing buildings’ energy usage and electrification capabilities, to be prepared for the switch to all-electric.
• Find funding mechanisms to pay for all-electric, such as rebates, on bill financing, grants, and other workable funding solutions. 168 of 245
• Avoid stranded assets – anything not electric now will become obsolete very quickly. At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate- change-causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time
• Develop a strong workforce – electrification will need many trained workers and savvy contractors.

I am sorry to ask yet more of this City that has already done so much to develop local solutions to the climate crisis. But unfortunately, further climate action and leadership is imperative to protect the health and economic security of this community and its future generations. I therefore urge you to approve the above decarbonization objective, outreach efforts, and roadmap for success.

Thank you,
Michelle Hudson, Resident of San Mateo

169 of 245
From: Sheryl Johnson < >
Sent: Wednesday, March 30, 2022 4:41 PM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: Decarbonization Objective for City of San Mateo

Dear San Mateo City Council,

I am writing on behalf of the Congregational Church of San Mateo in San Mateo, California. In recent years, our congregation, under the leadership of our Energy and Environmental Justice Ministry, has prioritized taking bold climate action and educating our community on the climate crisis as an integral expression of our faith.

We recognize that the City of San Mateo has also been a leader in local actions to fight climate change, being among the first in our county to adopt strong climate action plans. We applaud the City Council for its strong, courageous leadership in tackling the climate crisis.

We have become aware that the final City Council objectives for fiscal year 2022-2023 will be voted on at the April 4, 2022 City Council meeting. We understand that this is an important process wherein funds and staff time are allocated to issues of significant interest to the City Council.

As a community that prioritizes bold climate action, we fully support Mayor Bonilla's proposed objective on the draft list of objectives for FY 2022-2023 to: "Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030." We respectfully request that the City Council adopt this important objective and that sufficient City Staff and City Council time and resources be devoted to studying options for its implementation.

The Intergovernmental Panel on Climate Change (IPCC), leading thinkers, writers, scientists, and a growing number of ordinary people, have realized that significant changes are necessary to the way we construct, manage and provide energy to buildings, as buildings account for a significant percentage of global greenhouse gas emissions. In California, for example, the operation and maintenance of commercial and residential buildings accounts for 27% of our nation’s total greenhouse gas emissions; in the City of San Mateo, that number is 42%.

The good news is that we still have time and the ability to take action to avoid the worst consequences of climate change. As our City Council, you have a tremendous opportunity right now to take meaningful action by adopting and studying Mayor Bonilla’s proposed objective to decarbonize our buildings and eliminate methane gas use. We respectfully urge you to do so.

Sincerely,

Julie Lenden, Moderator, Congregational Church of San Mateo Warren Long, Chairperson, Energy and Environmental Justice Ministry, Congregational Church of San Mateo
Revs. Penny Nixon, Jorge Bautista, and Sheryl Johnson, Ministers, Congregational Church of San Mateo

--
Rev. Sheryl Johnson
Associate Minister
Pronouns: she/her/hers

170 of 245
From: Marty Jordan < >
Sent: Monday, March 28, 2022 9:00 AM
To: City Council (San Mateo) <[email protected]> Cc: Clerk <[email protected]>
Subject: comments regarding April 4 city council meeting Importance: High

Dear Mayor Bonilla, Deputy Mayor Papan, Council Member Goethals, Council Member Lee, Council Member Rodriguez and City Staff,

It is my understanding that at your upcoming April 4th City Council meeting, the Consent Calendar will include a proposed action item to formally adopt City objectives for FY2022-23. I have two requests:

2. I respectively call upon the City Council to approve the proposed objective to “Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.”

At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate-change-causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time
• Develop a strong workforce – electrification will need many trained workers and savvy contractors.

Thank you for your consideration of the above requests, and for your tremendous leadership in developing local solutions to the climate crisis.

Sincerely,
Marty Jordan - Resident of San Mateo
171 of 245
From: CHRIS KETNER < >
Sent: Sunday, March 27, 2022 3:45 PM
To: Clerk <[email protected]>
Subject: Consent Calendar

2. I respectively call upon the City Council to approve the proposed objective to “Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.”

iPhone typing dispensation please!
Regards,
Chris Ketner

172 of 245
From: Michelle Mandel < >
Sent: Tuesday, March 29, 2022 12:31 PM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: Approve Policies to Decarbonize - Letter in Support

• Educate residents and businesses about electrification – including health impacts from no action, and alternatives for new appliances and equipment. • Assess existing buildings’ energy usage and electrification capabilities, to be prepared for the switch to all-electric.
• Find funding mechanisms to pay for all-electric, such as rebates, on bill financing, grants, and other workable funding solutions. • Avoid stranded assets – anything not electric now will become obsolete very quickly. At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate- change-causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time
• Develop a strong workforce – electrification will need many trained workers and savvy contractors.

Thank you for your consideration of the above requests, and for your tremendous leadership in developing local solutions to the climate crisis.

Sincerely,
Michelle Mandel & Simon Reading, Residents of San Mateo

173 of 245
From: Elaine Salinger < >
Sent: Sunday, March 27, 2022 3:38 PM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: Establish policies to decarbonize San Mateo

Dear Mayor Bonilla, Deputy Mayor Papan, Council Member Goethals, Council Member Lee, Council Member Rodriguez and City Staff,

2. I respectively call upon the City Council to approve the proposed objective to “Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.”

• Educate residents and businesses about electrification – including health impacts from no action, and alternatives for new appliances and equipment.
• Assess existing buildings’ energy usage and electrification capabilities, to be prepared for the switch to all-electric.
• Find funding mechanisms to pay for all-electric, such as rebates, on bill financing, grants, and other workable funding solutions.
• Avoid stranded assets – anything not electric now will become obsolete very quickly. At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate-change-causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time • Develop a strong workforce – electrification will need many trained workers and savvy contractors.

Thank you for your consideration of the above requests, and for your tremendous leadership in developing local solutions to the climate crisis.

Sincerely,

Elaine Salinger, Group Co-Leader and Resident of San Mateo San Mateo County Chapter
650-533-3539

174 of 245
From: Nancy Schneider < >
Sent: Tuesday, March 29, 2022 6:53 PM
To: Clerk <[email protected]>
Subject: Decarbonization Objective for City of San Mateo

Dear San Mateo City Council,

I am writing on behalf of the Peninsula Temple Beth El congregation in San Mateo, California, a congregation of 800 plus families. In recent years, our congregation, under the leadership of our Rodfei Tzedek social justice team, has prioritized taking bold climate action and educating our community on the climate crisis. This comports with the Jewish value of “Tikkun Olam,” or repairing the earthly world in which we live.

We recognize that the City of San Mateo has also been a leader in local actions to fight climate change, being among the first in our county to adopt strong climate action plans.

We applaud the City Council for its strong, courageous leadership in tackling the climate crisis.

As a Jewish community that prioritizes bold climate action, we fully support Mayor Bonilla's proposed objective on the draft list of objectives for FY 2022-2023 to:
"Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030." We respectfully request that the City Council adopt this important objective, and that sufficient City Staff and City Council time and resources be devoted to studying options for its implementation.

The Intergovernmental Panel on Climate Change (IPCC), leading thinkers, writers, most scientists and a growing number of ordinary people, have realized that significant changes are necessary in the way we construct, manage and provide energy to buildings, as buildings account for a significant percentage of global greenhouse gas emissions. In California, for example, the operation and maintenance of commercial and residential buildings accounts for 27% of our nation’s total greenhouse gas emissions; in the City of San Mateo, that number is 42%.

The good news is that we still have time and ability to repair the world. As our City Council, you have a tremendous opportunity right now to take meaningful action by adopting and studying Mayor Bonilla’s proposed objective to decarbonize our buildings and eliminate methane gas use. We respectfully urge you to do so.

Thank you,
Rabbi Darryl Crystal, Interim Senior Rabbi
Rabbi Lisa Kingston, Associate Rabbi, Incoming Senior Rabbi Roger Feigelson, President, Board of Trustees
Marla Becker, Nancy Bott, Marcus Oettinger, Jessica Rosenberg, and Rebecca Schwartz, Leadership Team for Rodfei Tzedek, PTBE Social Justice Team Nancy Schneider, Resident of San Mateo, Leadership Team for Rodfei Tzedek 175 of 245
From: Michelle Hudson <>
Sent: Wednesday, March 30, 2022 10:39 AM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Cc: Robert Whitehair <[email protected]>
Subject: Sign-On Letter for Decarbonization Objective - Presented by the San Mateo Climate Action Team

Dear City Council,

The San Mateo Climate Action Team presents to you the following sign-on letter, signed by 120 organizations, San Mateo residents, and other community members, all united in their desire for bold, local solutions to the climate crisis.

In Partnership,
Robert Whitehair and Michelle Hudson,
Co-Leaders of the San Mateo Climate Action Team

* * * * *

Dear Mayor Bonilla, Deputy Mayor Papan, Council Member Lee, Council Member Goethals, and Council Member Rodriguez,

We call upon the City Council to formally adopt the following draft objective for FY2022-23:

1. Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas by 2030.

To fully understand all the implications of decarbonization policies, the undersigned believe that extensive, focused public outreach to community groups, residents and businesses of San Mateo is essential. An informed decision will be strong and enduring. Therefore, we request that:

2. Significant, additional staff time, budget resources and Council interest be devoted in the coming year to extensive public outreach regarding decarbonization, to all community members.

Signed By:

Elaine Salinger, Co-Leader, Citizens Climate Lobby, San Mateo County Chapter Christine Kohl-Zaugg, Executive Director, Sustainable San Mateo County Jennifer Thompson, Executive Director, Sustainable Silicon Valley Diane Bailey, Menlo Spark, and Fossil Free Buildings Silicon Valley Jin Soo Kim, Bay Area Youth Climate Action Team
Peri Plantenberg, Student Leader of Silicon Valley Youth Climate Action Lauren Weston, Executive Director of Acterra: Action for a Healthy Planet Robert M. Gould, MD, President, San Francisco Bay Physicians for Social Responsibility Kathleen Goforth, Climate Reality Bay Area San Mateo County Policy Action Cheryl Weiden, Board Member, 350 Silicon Valley
Jenny Green on behalf of Mothers Out Front Silicon Valley Susan Butler-Graham, on behalf of Mothers Out Front Silicon Valley Raayan Mohtashemi, Move San Mateo
Carlos Davidson, Pacifica Climate Committee
176 of 245
Tom Kabat, Menlo Park Environmental Quality Commissioner Kristel Wickham, Sunnyvale Sustainability Commission Chair Nancy Schneider, Resident of the City of San Mateo, Leader of Rodfei Tzedek Social Justice Committee of Peninsula Temple Beth El Congregation
John McKenna, Member organizing team “Code Red for Humanity: What Municipalities Can Do” Robert Whitehair, Resident of the City of San Mateo, Co-Leader, San Mateo Climate Action Team
Michelle Hudson, Resident of the City of San Mateo, Co-Leader, San Mateo Climate Action Team
Alan Mattlage, Resident of the City of San Mateo
Mary Rose LeBaron, Resident of the City of San Mateo
Dale Shintani, Resident of the City of San Mateo
Joel Scott, Resident of the City of San Mateo
Wendy Chou, Resident of the City of San Mateo
Carol Mason, Resident of the City of San Mateo
Marty Jordan, Resident of the City of San Mateo
Joan Donovan, Resident of the City of San Mateo
Petra Silton, Resident of the City of San Mateo
Leane Eberhart, Resident of the City of San Mateo
Marialena Malejan-Roussere, Resident of the City of San Mateo Maureen K. Olson, Resident of the City of San Mateo
Amita Jain, Resident of the City of San Mateo
Joshua Wing, Resident of the City of San Mateo
Elise Wing, Resident of the City of San Mateo
Jonathan Wing, Resident of the City of San Mateo
Linda Ann Rarden, Resident of the City of San Mateo
David Prager, Resident of the City of San Mateo
James Higbie, Resident of the City of San Mateo
Michelle Mandel, Resident of the City of San Mateo
Vida Hayashigatani, Resident of the City of San Mateo
Kate Hayashigatani, Resident of the City of San Mateo
Lindsay Hayashigatani, Resident of the City of San Mateo Claire Shintani, Resident of the City of San Mateo
Barbara Ruck Pavicic, Resident of the City of San Mateo Eshal Naeem, Resident of the City of San Mateo
Mandy Yu, Resident of the City of San Mateo
Lana Levison, Resident of the City of San Mateo
Demetra Stamm, Resident of the City of San Mateo
Peter J. Paffrath, Resident of the City of San Mateo
Teri Whitehair, Resident of the City of San Mateo
Douglas McGlashan, Resident of the City of San Mateo
Guillermo D Cockrum, Resident of the City of San Mateo
Kelly Petersen, Resident of the City of San Mateo
Karen Kreidler, Resident of the City of San Mateo
Val Farrelly, Resident of the City of San Mateo
Belinda Chlouber, Resident of the City of San Mateo
Ralph King, Resident of the City of San Mateo
Niar Thorpe, Resident of the City of San Mateo
Libby Traubman, Resident of the City of San Mateo
Vivienne Scott, Resident of the City of San Mateo
Megan Strain, Resident of the City of San Mateo
Randi S Hutchinson, Resident of the City of San Mateo
Adam Loraine, Resident of the City of San Mateo
Jeremy Sonpar, Resident of the City of San Mateo
177 of 245
Ted McKinnon, Resident of the City of San Mateo
Maggie Bobbin, Resident of the City of San Mateo
Liam O’Sullivan, Resident of the City of San Mateo
Adam Nugent, Resident of the City of San Mateo
Mina Bressler, Resident of the City of San Mateo
Robert Seeburger, Resident of the City of San Mateo
Susan Blockstein, Resident of the City of San Mateo
Dr. Darren Don, Resident of the City of San Mateo
Kristie Eglsaer, Resident of the City of San Mateo
Carol Steinfeld, Resident of the City of San Mateo
Teresa Rose, Resident of the City of San Mateo
Norma Formanek, Resident of the City of San Mateo
Dorothy A. Kogl, Resident of the City of San Mateo
Charlene G. Hogan, Resident of the City of San Mateo
Dr. Gary Trott, Resident of Unincorporated San Mateo
Joanne Trott
Chris W. Ketner
Jonathan Carter, MD
Veronica D. Fern
Kathy Battat
Mitchell C. Williams
Jeffrey Perrone
Róisín McElarney
Bruce Naegel
Debbie Mytels
Vivek Patkar
Barbara Fukumoto
Peter Scherer
Ann Harvey
Janice Cecil
Jean Tepperman
Sheila Tarbet
Kim Harvey
Donna Davies
David F. Gassman
Patricia H. Seffens
Megan Shumway
Jeffrey Mann, MD
David Kong
Maria Pinto
Linda Hutchins-Knowles
Marti Roach
Vivian Kong
Bret Andersen
Catharina Clark
Amanda Bancroft
Gary White
Judy C Kwee
Leah Redwood
Cecilia Lunaparra
Victoria Lin
Knox Kelly
Carl van Reis
Jo Crescent
178 of 245
From: Libby Traubman < >
Sent: Monday, March 28, 2022 2:09 PM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: local action for climate crisis

Dear Mayor Bonilla, Deputy Mayor Papan, Council Member Goethals, Council Member Lee, Council Member Rodriguez and City Staff,

1 I respectfully request that the City Council pull the City objectives item from the consent calendar. At least one of the proposed objectives – decarbonization – is so significant that additional dl discussion is necessary.

2. I respectively call upon the City Council to approve the proposed objective to Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.

Educate residents and businesses about
electrification – including health impacts from no action, and alternatives for new appliances and equipment.

Assess existing buildings' energy usage and electrification capabilities, to be prepared for the switch to all-electric.

Find funding mechanisms to pay for all-electric, such as rebates, on bill financing, grants, and other workable funding solutions.

Avoid stranded assets – anything not electric now will become obsolete very quickly. At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate-change-causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time.

Develop a strong work force – electrification will need many trained workers and savvy contractors.

Thank you for giving this your serious attention,

Libby Traubman

179 of 245
From: Gary Trott 2 <[email protected]>
Sent: Tuesday, March 29, 2022 9:34 AM
To: Clerk <[email protected]>; City Council (San Mateo) <[email protected]> Cc: [email protected]
Subject: City Council Meeting 4-April

Dear Mayor Bonilla, Deputy Mayor Papan, Council Member Goethals, Council Member Lee, Council Member Rodriguez and City Staff,

Re: Upcoming 4-April San Mateo City council meeting.

I respectively call upon the City Council to approve the proposed objective to “Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.”

Above all, it will take strong leadership at the city council level to help insure all individuals and all business in San Mateo are engaged in the effort to mitigate climate change. Consider, it took all of us, collectively, to arrive at this point were fossil emissions are affecting the global climate. Hence, the level of climate impact will be determined by what collective mitigation efforts are achieved over the next several years.

It will be a lot of very hard work. If we passively wait for others via reach codes etc, the work to mitigate climate change will not get done in the needed time frame.

• Educate residents and businesses about electrification – including health impacts from no action, and alternatives for new appliances and equipment. • Assess existing buildings’ energy usage and electrification capabilities, to be prepared for the switch to all-electric.
• Find funding mechanisms to pay for all-electric, such as rebates, on bill financing, grants, and other workable funding solutions.
• Avoid stranded assets – anything not electric now will become obsolete very quickly. At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate-change- causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time
• Develop a strong workforce – electrification will need many trained workers and savvy contractors.

Thank you for your consideration of the above requests, and for your tremendous leadership in developing local solutions to the climate crisis.

Sincerely, Dr. Gary Trott, Resident of San Mateo
180 of 245
From: Robert Whitehair < >
Sent: Tuesday, March 29, 2022 8:02 PM
To: Clerk <[email protected]>
Subject: For the Council: Decarbonization of Buildings and Infrastructure on City Council Agenda April 4, 2022

Dear Mayor Bonilla, City of San Mateo Council Members and City Staff,

Thank you for your strong leadership in developing local solutions to the climate crisis. I am most impressed by your dedicated hard working staff. I want them and you to succeed in completing direct, local action. The world is out of time.

San Mateo is my home. You all know that my wife and I raised two sons here, and both are proud graduates of Aragon High School. Teri and I have been active community volunteers, Teri as founder of the Borel Middle School Cultural Fair and active in PTA. I was a Little League coach at Trinta Park for 12 years, and in the last 5 years have been very active in housing and climate crisis issues specifically on Reach Codes and as Vice Chair of Sustainable San Mateo County.

Together with other climate-concerned San Mateans, a very strong San Mateo Climate Action Team is being built for a San Mateo climate crisis response. All of us are deeply concerned that more needs to be done.

Please approve Mayor Bonilla’s proposed objective to “Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.”

I therefore request that significant, additional staff time, budget resources and Council interest be devoted to extensive public outreach to all community members.

Sincerely,

Robert Whitehair
San Mateo

181 of 245
From: Darren Don < >
Sent: Monday, March 28, 2022 7:45 PM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: 4/4 City Council meeting

Dear Mayor Bonilla, Deputy Mayor Papan, Council Member Goethals, Council Member Lee, Council Member Rodriguez and City Staff,

2. I respectively call upon the City Council to approve the proposed objective to “Establish policies to decarbonize existing buildings and infrastructure. Eliminate methane gas use by 2030.”

Thank you for your consideration of the above requests, and for your tremendous leadership in developing local solutions to the climate crisis.

Sincerely, Darren Don, Resident of San Mateo
182 of 245
From: Mary Rose LeBaron < >
Sent: Sunday, March 27, 2022 2:41 PM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: Item on consent calendar

At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate-change- causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time
• Develop a strong workforce – electrification will need many trained workers and savvy contractors.

Thank you for your consideration of the above requests, and for your tremendous leadership in developing local solutions to the climate crisis.

Sincerely,
Mary Rose LeBaron, Resident of San Mateo

183 of 245
From: Nancy Schneider < >
Sent: Monday, March 28, 2022 4:08 PM
To: City Council (San Mateo) <[email protected]>; Clerk <[email protected]> Subject: Decarbonization Objective 2022

At least 2,000 gas water heaters fail every year in San Mateo. Replacing even one water heater or one gas furnace with another gas unit extends climate-change- causing Carbon Dioxide, Methane and Nitrous Oxide emissions for 12-15 years. The world does not have that much time
• Develop a strong workforce – electrification will need many trained workers and savvy contractors.

Thank you for your consideration of the above requests, and for your tremendous leadership in developing local solutions to the climate crisis.

Sincerely,
Nancy Schneider, Resident of San Mateo

184 of 245

CITY OF SAN MATEO
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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: 22 Section Name: CONSENT CALENDAR File ID: 22-5903 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 4, 2022
SUBJECT:

Water Conservation Month and “Wyland Mayor’s Challenge for Water Conservation” – Resolution RECOMMENDATION:

Adopt a Resolution to proclaim the month of April as “Water Conservation Month” and to support citywide participation of the “Wyland Mayor’s Challenge for Water Conservation”.

BACKGROUND:

According to the California Department of Water Resources, 2021 was the second driest year in California since 1924, with 2022 likely to set new records for the driest wet season months in State history. Increasing temperatures and prolonged droughts have become more frequent, largely due to climate change. Conserving water by reducing consumption is the most significant tool to preserve water supplies for the immediate future.

The City of San Mateo has continually promoted water conservation through outreach events and rebates. The City of San Mateo partners with Flows to Bay to provide a $100 rebate for rain barrels. Rain barrels help collect rainwater, reducing the need to use potable water for irrigation while also reducing urban runoff. On November 13, 2021, Flows to Bay hosted a rain barrel distribution event at the City Corporation Yard. San Mateo residents were able to reserve and purchase discounted 50-gallon rain barrels, while also taking advantage of the rain barrel rebate program. To date, 86 residents have participated in the rain barrel rebate program.

Cal Water, San Mateo’s water purveyor, offers rebates for high-efficiency toilets, high-efficiency washing machines, smart irrigation controllers, and high-efficiency sprinkler nozzles. In fall 2021, Cal Water launched a “Lawn-to-Garden” turf replacement rebate program and “Spray-to-Drip” rebate program. The program encourages residents and commercial businesses to remove lawn and transform grass areas into water-wise gardens and landscapes. Drip irrigation uses 20-50% less water than spray irrigation and delivers water directly to the root zone of the plants. On November 13, 2021, the City partnered with Cal Water to host a virtual workshop on “Lawn to Garden Transformations.” This workshop reviewed how to convert your lawn to drought-tolerant landscape, plant an edible garden, and make other changes to transform your outdoor space to use less water.

The City is committed to water conservation and invites our community to take immediate actions to reduce water use.

The proposed resolution proclaims the month of April Water Conservation Month and commits the City to participating in the Wyland Mayor’s Challenge for Water Conservation. This annual campaign is a friendly non-profit competition between cities across the country that takes place every April. The competition actively promotes civic participation around water conservation, efficiency and sustainability with eco-friendly prizes for participating residents and local charities. The City will highlight conservation tools and strategies in City communications for the month of April, including through social media, City e-news, and collateral at the City libraries, community centers, and Senior Center. 185 of 245

CITY OF SAN MATEO
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BUDGET IMPACT:

There is no budget impact for adopting this resolution or participating in the Wyland Mayor’s Challenge for Water Conservation.

ENVIRONMENTAL DETERMINATION:

This resolution is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution

STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007
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CITY OF SAN MATEO
RESOLUTION NO. ____ 2022

RESOLUTION PROCLAIMING THE MONTH OF APRIL AS WATER CONSERVATION MONTH AND SUPPORTING THE “WYLAND MAYOR’S CHALLENGE FOR WATER CONSERVATION”
WHEREAS, according to the California Department of Water Resources, 2021 was the second driest year in California since 1924; and
WHEREAS, 2022 may be the driest year on record in the history of the State of California; and WHEREAS, with the increasing temperatures and prolonged droughts becoming more frequent due largely to climate change, traditional supplies of water may be diminished permanently; and WHEREAS, there are numerous tools, reimbursements and rebates available through local and regional water agencies supporting water conservation by residents and businesses alike; and WHEREAS, immediate action by local consumers is necessary to reduce water use and preserve supplies through the summer and fall; and
WHEREAS, the City of San Mateo will continue encouraging reducing residential consumption of water and energy, and to inspire its residents to care for our natural resources; and WHEREAS, cities can engage in efforts to inspire their own communities, as well as their neighboring cities, to become better environmental stewards; and
WHEREAS, the 11 th annual National Mayor’s Challenge for Water Conservation presented by the Wyland Foundation, with support from Toyota, the U.S EPA WaterSense, The Toro Company, and the National League of Cities, is a non-profit challenge to residents to encourage pollution reduction and smart water use; and WHEREAS, with the encouragement of their Mayors, residents may register their participation in their city's Challenge, online, by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and
WHEREAS, from April 1- 30, 2022, the City of San Mateo wishes to inspire its residents and its neighboring communities to take the "Wyland Mayor's Challenge for Water Conservation" by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment and to see immediate savings in their water, trash, and electricity bills; Residents will further be provided with tools to take specific measurable actions throughout the year to improve the sustainable use of natural resources;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The San Mateo City Council proclaims April 2022 “Water Conservation Month.” 187 of 245
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2. The San Mateo City Council supports the "Wyland Mayor's Challenge for Water Conservation.”

3. The City of San Mateo will work with local and regional partners to promote water conservation and connect residents and businesses to the many available rebates and resources to reduce water consumption in their homes, businesses and landscaping throughout the month of April.

4. The City will use communication and outreach strategies to encourage San Mateo residents to take the conservation "Challenge” throughout the program (April 1-30). 188 of 245

CITY OF SAN MATEO
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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: 23 Section Name: NEW BUSINESS File ID: 22-5932 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: April 04, 2022
SUBJECT:

Ordinance Introduction – Sign Code Amendments
RECOMMENDATION:

Introduce an Ordinance to amend San Mateo Municipal Code Title 25, “Signs” by updating definitions, revising regulations for signs in the public right of way, clarifying the permissible number and dimensions of signs, and making other miscellaneous changes.

BACKGROUND:

The City’s sign ordinance was adopted in 2009 and updated in 2011. Since then, staff has noticed that a few areas of the ordinance would benefit from clarification. Staff has prepared a tracked changes ordinance (Attachment 2) showing the recommended edits. In summary, the recommended edits are:
1) Update Section 25.02.030, “Definitions,” to remove definitions that are not used in the ordinance, revise definitions to match the terms used in ordinance, add a definition for “private property,” and define “temporary signs” to include temporary banners.
2) Revise heading of Chapter 25.04, “Signs on Public Property,” and Sections within that Chapter to include signs in the public right of way.
3) Revise Section 25.04.020(d) to make it clear that signs may be affixed to vehicles but may not be leaned against vehicles in the public right of way. This edit is intended to alleviate the risk of signs littering the public right of way, damaging cars, or obscuring driver sight lines.
4) Revise Table 25.6-3 and 25.06-4 to clarify the City’s requirements regarding the permissible number and dimensions of signs.
5) Revise heading of Chapter 25.08, “Prohibited, Illegal, and Non-Conforming Signs,” and Sections within that Chapter to include signs in the public right of way.

Staff recommends that the City Council introduce the ordinance with these proposed edits (Attachment 1).

BUDGET IMPACT:

These proposed amendments to the City’s sign ordinance will not affect the City’s budget.

ENVIRONMENTAL DETERMINATION:

In accordance with Public Resources Code Section 21065, introduction and adoption of these amendments to the City’s existing sign ordinance is not a project subject to CEQA, because it can be seen with certainty that the amendments will not have a physical impact on the environment.

NOTICE PROVIDED
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CITY OF SAN MATEO
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All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Ordinance
Att 2 - Proposed Ordinance - Track Changes

STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020
Gabrielle Whelan, Assistant City Attorney
[email protected]
(650) 522-7023
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CITY OF SAN MATEO

DRAFT ORDINANCE
AN ORDINANCE AMENDING TITLE 25, “SIGNS,” OF THE SAN MATEO MUNICIPAL CODE WHEREAS, The City’s sign ordinance is codified in Title 25 of the San Mateo Municipal Code; and WHEREAS, The City wishes to clarify several definitions; and WHEREAS, The City wishes to clarify the activities that can occur in the public right-of-way.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 25.02.030 of the San Mateo Municipal Code is amended as follows:

25.02.030 DEFINITIONS.
(a) Awning Sign. A sign attached to, painted upon, appearing upon, incorporated in, or supported by an awning or hood.
(b) Banner. A sign, including pennants and flags, which uses cloth, paper, plastic or other non-rigid material as the sign surface.
(c) Business. Professions, trades, occupations, and all and every kind of calling (including nonprofit organizations) carried on for profit, livelihood, or fund-raising. (d) Construction Sign. A sign displayed on the site of a construction development project, during the time of actual construction.
(e) Electric Face Sign. A sign containing an electrical system, but not including signs illuminated by an exterior light source.
(f) Exterior Light Source. A light source which illuminates a sign but is not a component of the sign itself. (g) Face Sign. A sign painted on a wall or structure, or constructed as an integral unit or as individual words, letters, or figures, and located approximately parallel with (not more than 18 inches away from) the face of a building or structure.
(h) Flashing Sign. An illuminated sign on which the electrical light is not maintained stationary or constant in intensity and color at all times.
(i) Freestanding Sign. A sign which is self-supporting in a fixed location and not attached to or projecting over any building.
(j) High Rise Building. Any building which is more than fifty feet in height as measured from average grade.
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(k) Illuminated Sign. A sign which has characters, letters, figures, designs, or outline illuminated by electric lights or luminous tubes on, within, or attached to the sign, or by an unattached light source. (l) Internally Illuminated Sign. The illumination of a sign by a light source that is fully incorporated into the sign itself.
(m) Internal Reverse Illumination. The illumination of individual letters, numbers or graphics by the use of internal, reverse illumination, where the light source is not directly visible. (n) Logo. A graphic representation or symbol of a company name, trademark, or abbreviation of the name of the business occupying the building or property. (o) Marquee Sign. A sign attached to or supported by a marquee. A marquee means a permanent roofed structure attached to and supported by a building. (p) Mural. A large picture painted or affixed directly on a wall or ceiling. A mural is not considered a sign as defined by this Title.
(q) Non-Conforming Sign. A sign which does not conform to each and every applicable provision of this Title but was:
(1) Lawfully in existence and complied with all Municipal Code and other laws at the time of its erection and in use in the City prior to and at the time the provisions of this Title with which it does not conform became effective; or
(2) Lawfully in existence and in use on property outside the City at the time of annexation of such property to the City.
(r) Nonresidential Use. A church; community service building, including but not limited to, libraries, parks, playgrounds and community centers; public and private educational facilities; day care centers when located in a public or quasi-public structure such as a school, recreation center, church, temple or similar facility; philanthropic uses; and public utility facilities. Except as to uses specifically included in this section, nonresidential use does not include commercial uses.
(s) Off-Site Advertising Sign. A sign which directs attention to activity including a business, commodity, real property, service, or attraction or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is located.
(t) Permanent Sign. A sign located on a structure for more than 90 days. (u) Portable Sign. A portable sign capable of standing without support or attachment. (v) Private Property. Property other than Public Property or Public Right-of-Way. 192 of 245
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(w) Projecting Sign. A sign which projects more than eighteen inches from the building face, and is supported by a wall, so that the sign face is perpendicular to the building face or wall, but does not exceed the height of the roof or parapet.
(x) Public Property. Property owned by the City, but excluding Public Right of Way. (y) Public Right-of-Way. That area or those areas dedicated to public use for public street purposes including, but not limited to, roadways, parkways, alleys, and sidewalks. (z) Roof Sign. A sign which exceeds the height of the top of the building parapet, plate line of a pitched roof or top of a mansard roof, or projects more than 18 inches from a mansard roof. (aa) Shopping Center. A cluster of retail and general commercial uses which share common parking facilities.
(1) Community shopping center. "Community shopping center" means a shopping center between 20,000 and 100,000 square feet of gross floor area, capable of supporting two or more retail or commercial businesses.
(2) Regional shopping center. "Regional shopping center" means a shopping center generally totaling more than 100,000 square feet of gross floor area, including one or more anchor department stores.
(bb) Sign. Any structure, display, device, balloon or graphic placed on any land, building or structure, which is used to communicate any message, or which advertises or promotes any business, product, activity, person or interest. Signs include, but are not limited to, any writing, pictorial representation, logo, symbol, banner, or any other figure of similar character of whatever material which is used to identify, announce, direct attention to, advertise or communicate, which is not inside a building. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving, stringing, or otherwise fastening, affixing, or making visible in any manner whatsoever. Notwithstanding the general scope of the foregoing, the following shall not be deemed to be signs for the purposes of this Title:
(1) Automatic Teller Machines;
(2) Architectural features that do not perform a communicative function; (3) Foundation and cornerstones;
(4) Grave markers;
(5) Inflatable gymnasium devices;
(6) Newsracks;
(7) License plates, license plate frames, and messages painted on street legal and operable vehicles; or
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(8) Vending machines and product dispensing devices which do not display commercial messages unrelated to the goods or services provided by the machine or device. (cc) Sign Area. The area in square feet within the smallest rectangle enclosing the total exterior surface of a sign or one face of a "double faced sign". Sign area for a multi-faced sign that has an angle between sides of the sign that exceeds 30 degrees shall be counted for all sides. Where the lettered or illustrated material of a sign consists of individual letters or if the message surface consists of noncontiguous segments or has an irregularly shaped perimeter, then the area of the sign shall be all of the area encompassed within a single continuous rectilinear-perimeter of not more than six straight lines, including any color, material or graphic which is integrated therein which differentiates the message from the background. (dd) Street Frontage. The side of a building abutting a street or parking lot on the same zoning plot, and that is measured by calculating either the width of the building or the width of the parcel, whichever is greater. (1) Primary Street Frontage. The street upon which a business's main entrance is located or upon which its address is located. In the case of multiple businesses on a zoning plot, there can only be one primary street frontage.
(2) Secondary Street Frontage. A street frontage other than the primary street frontage. 194 of 245
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(ee) Temporary Sign. A sign to be displayed only for a limited time as specified by this Chapter. A temporary sign includes a temporary banner.
(ff) Window Sign. A sign on the window or in the interior of a building within no less than 1 foot of a window.
(gg) Zoning Plot. A plot of land consisting of one or more lots or parcels on which an improvement has been, or can be, authorized by this Title. A division of airspace for condominiums or stock for a cooperative shall not establish individual zoning plots for each divided space.

Section 2. The title of Chapter 25.04 of the San Mateo Municipal Code is amended as follows:

Chapter 25.04

SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY Section 3. Section 25.04.010 of the San Mateo Municipal Code is amended as follows:

25.04.010 FINDINGS.

In enacting this Chapter, the City Council finds:
(a) If carefully regulated, the placement of signs on city sidewalks by private individuals can provide a useful outlet for the expression of ideas and the communication of information related to beneficial commercial activity, including, but not limited to, the advertisement of real estate open house events. (b) It is the desire of the City Council to enact standards that would allow for the regulated use of city sidewalks for these communication purposes.
(c) In enacting these regulations it is not the intention of the City Council to regulate the content of messages on signs to be placed on city sidewalks, but, instead, it is the City Council's intention to enact reasonable time, place and manner restrictions aimed at insuring the safety of those using the public sidewalks and those driving on adjacent streets, and to achieve the City's aesthetic interests by reducing visual clutter that would result from the unregulated posting of signs on sidewalks.

Section 4. Section 25.04.020 of the San Mateo Municipal Code is amended as follows:

25.04.020 RESTRICTIONS APPLICABLE TO SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY (a) Except as otherwise provided in this Chapter, it is unlawful for any person other than a City representative to place a sign on public property or in the public right-of-way where such sign fails to comply with any of the restrictions stated in this section.
(b) Restrictions Applicable to Signs.
(1) No sign shall exceed thirty-six inches in height.
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(2) No sign shall exceed six square feet in area.
(3) All signs shall be constructed or anchored to prevent movement of the sign by the wind, except that an anchoring shall not be permanent and shall not damage the property on which the sign is placed.
(c) Restrictions Applicable to the Placement of Signs.
(1) No sign shall be placed during hours of darkness.
(2) No sign shall be placed within the median of any public street. (3) No sign shall be attached to, or leaned against, any street furniture, utility facility (including poles and boxes), street light, building, fence, or any other sign. (4) No sign shall be placed within 50 feet of any other sign placed under the provisions of this chapter, except that as many as 4 signs may be placed on sidewalks within 50 feet of the intersection of public streets on each corner of such intersections.
(5) No sign shall be placed in such a manner as to reduce the unobstructed path of travel on any sidewalk to less than 36 inches, and if the existing unobstructed path of travel of a sidewalk is 36 inches or less, no sign shall be placed on that sidewalk.
(6) No sign shall be placed within a curb cut or ramp installed to provide improved access to a sidewalk to the disabled.
(7) No sign shall be placed upon any public right-of-way other than a public sidewalk, except that signs may be placed in unimproved right-of-way with the consent of the owner of the adjoining property.
(8) No sign shall be placed upon public right-of-way within the areas bounded by Baldwin Avenue to the north, Railroad Avenue to the east, Fifth Avenue to the south, and El Camino Real to the west.
(d) No person shall display a sign that would otherwise be in violation of any of the standards provided in subsections (b) and (c) by placing the sign upon, or leaning the sign against, a vehicle parked within the public right-of-way. This prohibition shall not apply to signs placed within the interior of a vehicle, signs that are painted on a vehicle, or to signs that are affixed to a vehicle in such a manner that the vehicle may be driven with the sign attached.

Section 5. Section 25.04.030 of the San Mateo Municipal Code is amended as follows:

25.04.030 EXEMPTIONS.

Notwithstanding any other provisions of this Chapter, the following signs are permitted:
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(a) Signs being held by one or more persons on public property. (b) Traffic safety signs placed on public property by private persons as directed by a public official as part of the authorization to perform work on public property or in the public right-of-way, or in connection with an event taking place on public or private property.
(c) Signs placed by a public officer or employee acting in their official capacity, including such signs as traffic signs, public transit signs, public restroom signs, public parking signs, warning signs, or signs identifying the location of emergency centers, public facilities or places of public interest. (d) Banners placed on street light poles subject to the following limitations and requirements:
(1) Banners may only be placed on street light poles within commercial areas designated by City Council resolution;
(2) Only banners that announce an activity or event of community-wide interest, or commemorate a community institution located in the City of San Mateo may be placed on street light poles;
(3) No banner shall be placed on a street light pole for more than 90 days within a calendar year, except that banners announcing an event or activity, or commemorating a community institution that are placed by a public agency (such as a local, state or federal agency or special district) and at least partially sponsored by the City may be placed on a street light pole for up to 180 days within a calendar year;
(4) No banner placed on a street light pole shall exceed 25 square feet in area; (5) At least 75% of the display area of banners placed on street light poles shall contain artwork or text describing the community activity or event, or the institution being commemorated, and no more than 25% of the display area may be used to depict the name or logo of the sponsoring entity, or entities;
(6) Banners and attachments placed on street light poles must obtain approval from the Director of Public Works to ensure the banners will remain safely affixed to the street light poles and will not present a threat to the safety of those making use of nearby streets and sidewalks; (7) No banner or attachment shall be placed on a street light pole before an encroachment permit is issued under San Mateo Municipal Code Chapter 17.08; and (8) Banners must be removed no later than the last date of the authorized display period.

Section 6. Section 25.06.010 of the San Mateo Municipal Code is amended as follows:
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25.06.010 PERMIT REQUIRED.

Unless exempt, all signs require a sign permit issued by the City. Unless otherwise provided in this Title, no person shall install, erect, display, alter, move or replace any nonexempt sign without first obtaining a sign permit issued by the City in accordance with this Title. Signs requiring permits such as a building or electrical permit under the uniform construction codes shall obtain those permits prior to being erected; application for a building or other uniform construction code permit shall be filed concurrently with the sign application.

Section 7. Section 25.06.050 of the San Mateo Municipal Code is amended as follows:

25.06.050 SIGNS ALLOWED.

Except as otherwise provided in this Title, only the following signs are allowed on private property. (a) Temporary Banners. Temporary banners may be maintained for a period of 30 consecutive days. The use of banners shall not exceed a total of 90 days per calendar year per business. One banner per street frontage, per zoning plot, shall be permitted with a maximum size of 50 square feet each. No banner shall exceed the height of the business's building parapet, plate line of a pitched roof, or top of a mansard roof.

Temporary banners are allowed in addition to the number and size of permanent signs allowed for the zoning plot.
(b) Permanent Signs. The following types of permanent signs are permitted:
(1) Signs Approved as Part of Planned Signing District. A Planned Signing District shall be reviewed by the Zoning Administrator under Chapter 27.08 and shall be subject to appeal to the Planning Commission pursuant to Section 27.08.090. The Planned Signing District must conform to the following standards:
(A) Be consistent with the applicable restrictions for the zoning district, type of use and zoning plot size.
(B) Each sign shall be designed to be compatible with the architectural style of the main building on the zoning plot and with the predominant visual elements of the building, such as construction materials, color, or other design detail. Each sign located on a zoning plot with more than one building shall be designed to be compatible with the predominant visual elements common or similar to such buildings or the buildings occupied by the anchor tenants or principal uses such as construction materials, color, or other design detail. Signs located on commercial sites but in a predominantly residential area shall take into consideration the architectural style in the residential area.
(2) Freestanding Signs Over Eight Feet in Height. Freestanding signs over eight feet in height shall be reviewed by the Zoning Administrator under Chapter 27.08 and shall be subject to appeal to the Planning Commission pursuant to Section 27.08.090. The freestanding sign shall be subject to the following standards:
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(A) The applicable restrictions are based upon the zoning district, type of use and zoning plot size. Any freestanding sign over eight feet in height shall be consistent with these regulations.
(B) Each sign shall be designed to be compatible with the architectural style of the main building on the zoning plot and with the predominant visual elements of the building, such as construction materials, color, or other design detail. Each sign located on a zoning plot with more than one building shall be designed to be compatible with the predominant visual elements common or similar to such buildings or the buildings occupied by the anchor tenants or principal uses such as construction materials, color, or other design detail. Signs located on commercial sites but in a predominantly residential area shall take into consideration the architectural style in the residential area.
(C) The height must be in scale with the surrounding neighborhood. (3) Signs on High Rise Buildings. High rise buildings within Commercial (C), Executive Office (E) and Transportation Oriented Development (TOD) zoning districts may have face signs located 40 feet above ground level. These signs are subject to the following restrictions:
(A) Only open block letter signs shall be permitted. Such signs shall be an integral part of the design of the building; and
(B) No method of illumination shall be permitted that either exposes the lighting tubes or bulbs. Signs must use internal reverse illumination, with low intensity lighting with tubing or bulbs concealed behind or within translucent or opaque letters, logos or similar signage.

However, 20 percent of the sign area may be internally illuminated with a direct light source; and
(C) The total area and number of all signs, including any signs above 40 feet, shall not exceed the maximum area and number permitted in the zoning district in which the building is located; however, they can be located on any side of the building and are not limited to the primary, secondary street frontage or parking frontage. (4) Freeway Oriented Signs. On zoning plots which are immediately adjacent to the freeway right-of-way, signs may be erected facing towards the freeway. A freeway sign is allowed in addition to signs authorized for the zoning district of the zoning plot. The additional sign area allowed for a freeway sign may not be combined with the sign area square footage otherwise allowed for the zoning plot in order to exceed the allowed square feet per sign on street frontages or to create larger signs. In addition, the sign area authorized for the zoning district of the zoning plot may not be used to create additional or larger freeway signs. Such signage shall be subject to the following restrictions:
(A) Maximum letter height of four feet and a maximum length of 50 feet. (B) Maximum size of 150 square feet total.
(C) Maximum number of three signs is permitted.
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(D) Face signs if placed on the building wall.
(5) Motor Vehicle Fuel Service Stations. Motor vehicle fuel service stations shall be permitted to exceed the number of signs otherwise authorized by this Chapter in order to erect those signs designated in Business and Professions Code Section 13400 et seq., for motor vehicle fuel prices and services.
(6) Signs permitted in the applicable zoning district in accordance with Section 25.06.070.

Section 8. Section 25.06.060 of the San Mateo Municipal Code is amended as follows:

25.06.060 SIGNS ALLOWED WITHOUT PERMIT (EXEMPT SIGNS).
(a) Exempt Signs. The following signs are exempt from the permit and fee requirements of this Title, but are subject to the other restrictions set forth in this Title. Signs allowed by this Section shall not be counted against the signage allowed in Section 25.06.070, but may not be added to that signage to create a larger sign. (1) Sign Size per Zoning District. Signs up to 10 square feet in R1 and R2 districts and 16 square feet in all other districts. No sign may be larger than six square feet, except as allowed under flags and pennants below.
(2) Window Signs. In addition to signs authorized by Section 25.06.070, each residential unit, nonresidential use or individual business may have the window signs listed below. The square footage may not be combined with that allowed for other residential units, nonresidential use or businesses to exceed the allowed square feet per residential unit, nonresidential use or per business or to create larger signs. Window signs shall not cover more than 25% of the window area of any window within a building.
(A) Signs up to four square feet in size.
(B) Ground floor retail businesses may have 50 square feet of window signs per street frontage.
(3) Address Signs. In addition to signs authorized by Section 25.06.070, each building, unit, or property with an address may place a sign not to exceed one square foot limited to the street address for the building, unit, or property.
(4) Parking Lots and Garages. Signs in parking lots and garages that direct vehicle traffic or state parking limitations.
(5) Flags and Pennants. Two flags or any number of pennants totaling 30 square feet in addition to the square footage allowed by Section 25.06.070.
(6) Law. Signs required by law. The sign area of signs permitted under this subsection shall not be counted against any sign area limit provided for in this Title. 200 of 245
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(7) Construction Signs.
(A) The following construction signs are allowed on a zoning plot:
(i) For zoning plots less than one acre in size, one sign is allowed per street frontage with a total maximum area of 32 square feet.
(ii) For zoning plots one acre in size or more, one sign is allowed per lot frontage with a total maximum area of 64 square feet.
(B) Limitations. Construction signs on each zoning plot are subject to the following limitations:
(i) Maximum Height. Eight feet in height, measured at grade, sidewalk or street, whichever is lower.
(ii) Permissible Display Time. Beginning with the grant of a building permit and ending with the earlier of notice of completion or certificate of occupancy for the subject development, or their functional equivalent.
(iii) Private Property. If attached to a fence surrounding the zoning plot, the sign should be located on private property and not encroach into the public right-of-way. (iv) Abandoned Construction Signs. Construction signs that remain following the issuance of a certificate of occupancy shall be deemed abandoned and may be abated by the City as a public nuisance.
(8) Change in Sign Copy. Changes in sign copy to an existing permitted and legally erected sign without any accompanying change in square footage, height, and sign structure are exempt from the permit and fee requirements of this title, provided that the change in sign copy complies with this Title. (9) Legal Nonconforming Signs. Any on-premises advertising display, as that term is defined in Business and Professions Code Section 5490 et seq., which lawfully exists on the effective date of the ordinance codified in this Title, but which is not authorized by this Title, is a legal nonconforming sign, and may continue as an exception to this Title, and to any zoning provisions of this Code. However, a legal nonconforming sign shall be removed or brought into conformance with the provisions of this Title if such sign meets any of the criteria set forth in Business and Professions Code Section 5497. For the purposes of applying Business and Professions Code Section 5497, an advertising display shall be considered "abandoned" if it has not displayed any message (either commercial or noncommercial) for a period of 90 consecutive days.
(b) Limitations. Exempt signs on each zoning plot are subject to the following limitations:
(1) Freestanding signs shall not exceed the maximum height of six feet above grade or the adjacent street or sidewalk whichever is lower.
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(2) Individual signs shall not exceed six square feet, except as allowed for flags and pennants. (3) In a Residential Zoning District, signs shall be limited to face, pennants, flags, window and freestanding signs.
(4) Signs may not be internally illuminated.

Section 9. Section 25.06.070 of the San Mateo Municipal Code is amended as follows:

25.06.070 ZONING REGULATIONS APPLICABLE TO SIGNS ON PRIVATE PROPERTY. (a) Residential Districts (R1-A, R1-B, R1-C, R2, R3, R4, R5, R4-D, R5-D and R6-D). (1) For single-family residential uses and multiple-family residential uses on zoning plots of less than 10,000 square feet, no signs other than those designated in this Title are authorized. (2) For nonresidential uses, as defined in Section 25.02.030, and multiple family residential uses on zoning plots of 10,000 square feet or larger, the restrictions set forth in Table 25.06-2, Sign Restrictions in Residential (R) Districts for Multiple-Family Residential Uses and Nonresidential Uses (Special Uses and Mixed Uses) on Zoning Plots 10,000 Square Feet or Larger, shall apply. (3) For commercial uses, the restrictions set forth in Table 25.06-3, Sign Restrictions in Commercial Districts, shall apply.

Table 25.06-1: Sign Restrictions in Residential (R) Districts for Residential Uses on Zoning Plots less than 10,000 Square Feet (R1-A, R1-B, R1-C, R2, R3, R4, R5, R4-D, R5-D, R6-D) Total Sign Area Permitted Signs up to 10 sq. ft. in R1 and R2 districts and 16 sq. ft. in all other districts. No sign may be larger than 6 sq. ft., except as allowed as flags and pennants.

Number of Signs Permitted No restrictions other than those set forth in this Chapter.

Types of Signs Permitted
Face No neon
Freestanding No neon; plus maximum height limit of 8 ft Projecting No internal neon
No sign, regardless of type, shall be located above 40 feet above grade, except as provided for high-rise buildings in Section 25.06.050.
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Table 25.06-2: Sign Restrictions in Residential (R) Districts for Multiple-Family Residential Uses and Nonresidential Uses (Special Uses and Mixed Uses) on Zoning Plots 10,000 Square Feet or Larger (R1-A, R1-B, R1-C, R2, R3, R4, R5, R4-D, R5-D, R6-D)
Zoning Plot Size 10K-15K sq. ft. 15K-30K sq. ft. 30K-50K sq. ft. 50K sq. ft. and Above
Total Sign Area
Permitted (10 sq.
ft. minimum for all
plot sizes)

0.5 sq. ft. per lineal
ft. of street
frontage; maximum
20 sq. ft.

0.5 sq. ft. per lineal
ft. of street
frontage; maximum
25 sq. ft.

0.5 sq. ft. per lineal
ft. of street
frontage; maximum
50 sq. ft.

0.5 sq. ft. per lineal
ft. of street
frontage; maximum
100 sq. ft.

Number of Signs Three signs, none
exceeding 10 sq. ft.;
one may be
freestanding.

Three signs, none
exceeding 15 sq. ft.;
one may be
freestanding.

Four signs, none
exceeding 25 sq. ft.;
one may be
freestanding.

Four signs, none
exceeding 40 sq. ft.;
two may be
freestanding.

Types of Signs
Permitted
Face No neon
Freestanding No neon; plus maximum height limit of 8 ft.

Projecting No neon
No sign, regardless of type, shall be located above 40 feet above grade, except as provided for high-rise buildings in Section 25.06.050.
(b) Regulations in all Commercial (C) Districts (C1, C2, C3, C4 and CBD Support). (Except CBD-Required Retail Frontage Area). The following restrictions shall apply in all commercial districts, except Central Business District (CBD)-Required Retail Frontage Area. Community or Regional shopping centers have other restrictions even though they are located in a commercial district:
(1) For commercial uses, the restrictions set forth in Table 25.06-3, Sign Restrictions in Commercial Districts, shall apply.
(2) For single-family residential uses and multiple-family residential uses on zoning plots of less than 10,000 square feet, the restrictions set forth in Table 25.06-1, Residential (R) Districts for Residential Uses on Zoning Plots less than 10,000 Square Feet, shall apply. (3) For nonresidential uses, as defined in Section 25.02.030, and multiple-family residential uses on zoning plots of 10,000 square feet or larger, the restrictions set forth in Table 25.06-2, Sign Restrictions in Residential (R) Districts for Multiple-Family Residential Uses and Nonresidential Uses (Special Uses and Mixed Uses) on Zoning Plots 10,000 Square Feet or Larger, shall apply. (4) Existing Community and Regional Shopping Centers. All businesses or other allowed uses within existing community shopping centers that do not have an approved planned sign district shall be limited to a maximum of 25 square feet of individual sign area. 203 of 245
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(5) New Community and Regional Shopping Centers. All new community and regional shopping centers, and existing community and regional shopping centers undergoing substantial exterior remodeling pursuant to a Site Plan and Architectural Review (SPAR) under Title 27, shall require review and approval of a Planned Signing District concurrent with SPAR review. All signs shall conform to the provisions of the Planned Signing District.
(6) Multiple Tenants. Where a building contains more than one tenant, the following regulations shall apply:
(A) Sign Area. Shall be calculated per the restrictions set forth in Tables 25.06-3, 25.06-4 and 25.06-5, whichever is applicable. The total area of signs shall not exceed that required for the zoning plot. When a building contains more than one tenant and has more than one street frontage, for the purposes of calculating maximum square footage, the primary street frontage for all the tenants shall be the street upon which the building's main entrance is located, irrespective of the location or address of each individual tenant's main address. (B) Number of Signs. Shall be based on the number of ground floor tenants within the building (that have a street frontage). One sign per each ground floor tenant with street frontage shall be allowed. These signs may be used to advertise any tenant in the building. In addition, one freestanding sign for the entire building may be permitted. (C) Location of Signs. Except as provided in subdivision (E), signs for all tenants must be located on the ground level.
(D) Multiple Tenant Buildings. Multiple tenant buildings can opt to conform to the restrictions for single tenant buildings set forth in Tables 25.06-3, 25.06-4 and 25.06-5, whichever is applicable.
(E) High Rise Buildings with Multiple Tenants. High rise buildings with multiple tenants may have one face sign not to exceed 150 square feet in sign area in addition to the sign area and number of signs allowed in subsections (b)(6)(A) and (b)(6)(B). High rise building face signs are subject to the requirements set forth in Section 25.06.050(b)(3).

Table 25.06-3: Sign Restrictions in Commercial (C) Districts (C1, C2, C3, C4 and CBD Support) (Except CBD- Required Retail Frontage Area)
Total Sign Area
Permitted
Primary Street Frontage: 1.5 sq. ft./1 lineal foot of
street frontage (allowable minimum of 50 sq. ft.
regardless of primary street frontage size, and up to
maximum of 300 sq. ft)
Secondary Street
Frontage: 1.0 sq. ft./1
lineal foot of street
frontage; maximum 100
sq. ft., minimum 25 sq. ft.

Number of Signs
Permitted
2 signs per street frontage per business. Only 1 sign per street frontage may be either a freestanding or projecting sign. For multi-tenant buildings see Section

25.06.070(b)(6).
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Types of Permitted Signs Maximum Size Minimum and/or
Maximum Height
Additional Requirements
Awning No specified limit other
than the total sign area
and number of permitted
signs as specified above.

No specified limit other
than the total sign area
and number of permitted
signs as specified above.

None other than the total
sign area and number of
permitted signs as
specified above.

Face No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Shall be at least 10 ft.
above the ground or
sidewalk if sign projects
more than 6 inches from
building.

Shall not extend above
the building roof line or
parapet line.

None other than the total
sign area and number of
permitted signs as
specified above.

Freestanding For lots up to 50 ft. in
width, maximum size of
40 sq. ft.

For lots over 50 ft. in
width, an additional 0.35
sq. ft./1 ft. of frontage
permitted up to a
maximum size of 75 sq.
ft.

For lots up to 50 ft. in
width, maximum height
to top of sign of 15 ft.

For lots over 50 ft. in
width, an additional 0.1
ft. of height/1 ft. of
frontage permitted up to
a maximum height to top
of sign of 25 ft.

Signs over 8 ft. in height
require approval by the
Planning Commission.

The area below the sign
shall be landscaped and
enclosed by a 4-inch high
curb.

Where area below the
sign copy is not generally
solid from the ground to
the lower edge of the
display area, a minimum
height of 10 ft. to bottom
of sign shall be provided.

Marquee No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Shall be at least 10 ft.
above the ground or
sidewalk.

Shall not extend above
the building roof line or
parapet line.

Shall not be more than 4
ft. in vertical dimension.

Shall be approximately
parallel with face of
marquee.

Shall not project more
than 6 inches beyond
face of marquee nor be
within 2 ft. of
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perpendicular projection
of curb line.

Projecting No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Shall be at least 10 ft.
above the ground or
sidewalk.

Shall not extend above
the building roof line or
parapet line.

Shall not project more
than 4 ft. from the face
of building.

Shall not project within 2
ft. of curb line.

No sign, regardless of type, shall be located above 40 ft. above grade, except as provided for high-rise buildings in Section 25.06.050.
(c) Sign Regulations in the Central Business District (CBD)-Required Retail Frontage Area. (1) For commercial uses, the restrictions set forth in Table 25.06-4, Sign Restrictions in the Central Business District (CBD)-Required Retail Frontage Area, shall apply. (2) For single-family residential uses and multiple-family residential uses on zoning plots of less than 10,000 square feet, the restrictions set forth in Table 25.06-1, Residential (R) Districts for Residential Uses on Zoning Plots less than 10,000 Square Feet, shall apply. (3) For nonresidential uses, as defined in Section 25.02.030, and multiple-family residential uses on zoning plots of 10,000 square feet or larger, the restrictions set forth in Table 25.06-2, Sign Restrictions in Residential (R) Districts for Multiple-Family Residential Uses and Nonresidential Uses (Special Uses and Mixed Uses) on Zoning Plots 10,000 Square Feet or Larger, shall apply. (4) Multiple Tenants. Where a building contains more than one tenant and individual signs are desired, the provisions of Section 25.06.070(b)(6) shall apply.

Table 25.06-4: Sign Restrictions in the Central Business District (CBD)-Required Retail Frontage Area Total Sign Area
Permitted
Primary Street Frontage: 1 sq. ft./1 lineal foot of
street frontage (allowable minimum of 35 sq. ft.
regardless of primary street frontage size, and up to a maximum of 100 sq. ft.)
Secondary Street
Frontage: 0.5 sq. ft./1
lineal foot of street
frontage; maximum 50
sq. ft., minimum 25 sq. ft.

Number of Signs
Permitted
2 signs per street frontage for a single tenant building. Only 1 sign per street frontage may be a projecting sign. For multi-tenant buildings see Section

25.06.070(b)(6).

Types of Permitted Signs Maximum Size Minimum and/or
Maximum Height
Additional Requirements
Awning No specified limit other
than the total sign area
No specified limit other
than the total sign area
No specified limit other
than the total sign area
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and number of permitted
signs as specified above.
and number of permitted
signs as specified above.
and number of permitted
signs as specified above.

Face No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Maximum height of 20 ft.

Shall not extend above
the building roof line or
parapet line.

Illuminated or electric
face signs shall be at
least 8 ft. above the
sidewalk or ground.

Illuminated face signs
shall not project more
than 12 inches from
building face.

Un-illuminated face signs
shall not project more
than 6 inches from
building face.

Marquee No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Shall be at least 10 ft.
above the ground or
sidewalk.

Shall not extend above
the building roof line or
parapet line.

Shall not be more than 4
ft. in vertical dimension.

Shall be approximately
parallel with face of
marquee.

Shall not project more
than 6 inches beyond
face of marquee nor
within 2 ft. of curb line.

Projecting No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Shall be at least 10 ft.
above the ground or
sidewalk.

Shall not extend above
the building roof line or
parapet line.

Shall not project more
than 4 ft. from the face
of building.

Shall not be more than 2-
ft. thick.

No sign, regardless of type, shall be located above 40 ft. above grade, except as provided for high-rise buildings in Section 25.06.050.
(d) Sign Regulations in Executive Office Districts (E1, E2). (1) For commercial uses, the restrictions set forth in Table 25.06-5, Sign Restrictions in Executive Office Districts, shall apply.
(2) For single-family residential uses and multiple-family residential uses on zoning plots of less than 10,000 square feet, the restrictions set forth in Table 25.06-1, Residential (R) Districts for Residential Uses on Zoning Plots less than 10,000 Square Feet, shall apply. 207 of 245
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(3) For nonresidential uses, as defined in Section 25.02.030, and multiple-family residential uses on zoning plots of 10,000 square feet or larger, the restrictions set forth in Table 25.06-2, Sign Restrictions in Residential (R) Districts for Multiple-Family Residential Uses and Nonresidential Uses (Special Uses and Mixed Uses) on Zoning Plots 10,000 Square Feet or Larger, shall apply. (4) Multiple Tenants. Where a building contains more than one tenant and individual signs are desired, the provisions of Section 25.06.070(b)(6) shall apply.

Table 25.06-5: Sign Restrictions in Executive Office Districts (E1, E2) All E Districts, except San Mateo Drive Between
Baldwin & Villa Terrace
E Districts on San Mateo
Drive Between Baldwin
& Villa Terrace
Total Sign Area
Permitted

1.5 sq. ft./1 lineal foot of street frontage (allowable minimum of 50 sq. ft. regardless of street frontage
size, and up to a maximum of 300 sq. ft.)
Maximum of 35 sq. ft.

Number of Signs
Permitted
2 signs per street frontage per business. Only 1
freestanding sign per zoning plot. For multi-tenant
buildings, see Section 25.06.070(b)(6).

One sign per building.

Types of Permitted Signs Maximum Size Minimum and/or
Maximum Height
Additional Requirements
Awning No specified limit other
than the total sign area
and number of permitted
signs as specified above.

No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Face No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Shall be at least 10 ft.
above the ground if sign
projects more than 6
inches from the building.

Shall not extend above
the building roof line or
parapet line.

No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Freestanding For lots up to 50 ft. in
width, maximum size of
40 sq. ft.

For lots over 50 ft. in
width, an additional 0.35
sq. ft./1 ft. of frontage
permitted up to a
Maximum of 8 ft. in
height.

The area below
freestanding signs shall
be landscaped and
enclosed by a 6-inch high
curb.
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All E Districts, except San Mateo Drive Between
Baldwin & Villa Terrace
E Districts on San Mateo
Drive Between Baldwin
& Villa Terrace
maximum size of 75 sq.
ft.

Marquee No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Shall be at least 10 ft.
above the ground or
sidewalk.

Shall not extend above
the building roof line or
parapet line.

Shall not be more than 4
ft. in vertical dimension.

Shall be approximately
parallel with face of
marquee.

Shall not project more
than 6 inches beyond
face of marquee nor be
within 2 ft. of curb line.

No sign, regardless of type, shall be located above 40 ft. above grade, except as provided for high-rise buildings in Section 25.06.050.
(e) Manufacturing District (M1).
(1) For commercial uses, the restrictions set forth in Table 25.06-3, Sign Restrictions in Commercial Districts, shall apply.
(2) Multiple Tenants. Where a building contains more than one ground floor tenant and individual signs are desired, the provisions of Section 25.06.070(b)(6) shall apply. (f) Sign Regulations in Transportation Oriented Development (TOD), Agricultural (A), Shoreline (S), Open Space (OS) and Other Districts and Overlay Districts.

The following restrictions shall apply to all agricultural, shoreline, and other zoning districts not specifically designated in this chapter, as well as for any land or zoning plot with no zoning designation:
(1) For commercial uses, the restrictions set forth in Table 25.06-3, Sign Restrictions in Commercial Districts, shall apply.
(2) For single-family residential uses and multiple-family residential uses on zoning plots of less than 10,000 square feet, the restrictions set forth in Table 25.06-1, Residential (R) Districts for Residential Uses on Zoning Plots less than 10,000 Square Feet, shall apply. (3) For nonresidential uses, as defined in Section 25.02.030, and multiple-family residential uses on zoning plots of 10,000 square feet or larger, the restrictions set forth in Table 25.06-2, Sign 209 of 245
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Restrictions in Residential (R) Districts for Multiple-Family Residential Uses and Nonresidential Uses (Special Uses and Mixed Uses) on Zoning Plots 10,000 Square Feet or Larger, shall apply. (4) Multiple Tenants. Where a building contains more than one tenant and individual signs are desired, the provisions of Section 25.06.070(b)(6) shall apply.

Section 10. Section 25.08.010 of the San Mateo Municipal Code is amended as follows:

25.08.010 PROHIBITED SIGNS ON PUBLIC AND PRIVATE PROPERTY AND PUBLIC RIGHT OF WAY. (a) Prohibited Signs. No person shall install or maintain any of the signs described below. Upon notice by the City, any prohibited sign shall be immediately removed by the property owner or person responsible for the installation or maintenance of the sign. The following signs are expressly prohibited:
(1) Without Consent of Property Owner. Signs erected or maintained without the written consent of the owner of the real property or the person or entity in legal possession of the real property;
(2) Banners, except as permitted by Sections 25.04.030 and 25.06.050(a) and there may be permanently displayed on each zoning plot 1 flag that is no larger than 6 feet by 4 feet in dimension, and there is no limit on the number of flags that may be displayed by public agencies on public property; (3) Rotating, animated, moving or flashing signs;
(4) Roof Signs;
(5) Off-Site Advertising Signs; except that one six (6) square foot sign containing off-site advertising shall be permitted on each zoning plot;
(6) Inflating Devices, including balloons and other lighter than air objects; (7) Signs not permitted by this Title.
(b) Signs At Prohibited Locations: No person shall install or maintain any of the signs identified below.

Upon notice by the City, any sign at a prohibited location shall be immediately abated by the property owner or person responsible for the installation and/or maintenance of the sign. The following locations are expressly prohibited:
(1) Signs at Intersections. No sign shall be erected at or near the intersection of any street or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign or signal device; or which makes use of the words "Stop," "Go," "Caution," "Look," "Danger," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
(2) Intersection Visibility. No sign shall be erected at or near the intersection of any street so as to obstruct free and clear vision, or obstruct visibility within the triangular area of private property 210 of 245
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formed by the extension of intersection curb lines, or pavement edge where no curb exists, and the diagonal line connecting the point on each of the two streets at a distance 45 feet back from the intersection.
(3) Ingress/Egress. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape or fire equipment. (c) Illegal Signs—Nuisance. All illegal signs are expressly declared a nuisance. For purposes of this section, an illegal sign shall mean:
(1) A sign erected and/or maintained without first complying with all ordinances and regulations.
(2) A sign which is a danger to the public or is unsafe. (3) A prohibited sign as defined by this title.
(d) Enforcement.
(1) The placement of a sign on public or private property or in the public right-of-way in violation of any provision of this Title may be enforced by any method provided by this Code. Each day that the violation continues shall be deemed to be a new violation. All violations are declared to be public nuisances.
(2) Any sign placed on public property or in the public right-of-way in violation of any provision of this Title may be removed and impounded without notice. Impounded signs will be held for at least 30 days. If possible, the City will make reasonable attempts to notify the owner of an impounded sign that the sign has been impounded. If after 10 days’ notice to reclaim the sign, the owner of the sign fails to retrieve the sign and pay the City's reasonable costs to impound and store the sign, the sign may be disposed of in any manner whatsoever at the City's discretion. The amount of the sign retrieval fee shall be established by City Council resolution.

Section 11. Environmental Determination. In accordance with CEQA Guidelines Section 15061(b)(3), adoption of these sign ordinance amendments is covered by the “common sense exemption” that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Here, it can be seen with certainty that the sign ordinance amendments, which consist of updates to definitions and clarification of what activities can occur in the public right-of-way, will not have a significant effect on the environment per Guidelines Section 15061(b)(3).

Section 12. 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 13. Publication. This Ordinance shall be published in summary 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.
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Section 14. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption. 212 of 245
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Title 25
SIGNS
Chapter 25.02 GENERAL PROVISIONS

25.02.010 PURPOSE.

Section 1. The intent of this Title is to provide standards for the regulation of signs in order to:
(a) Protect and enhance the visual and aesthetic character of residential neighborhoods, business areas, and all zoning districts by prohibiting the visual clutter of obtrusive and incompatible signs; (b) Allow for reasonable and equitable identification of businesses and properties; and (c) Protect free speech rights in accordance with the First Amendment to the United States Constitution.

25.02.020 ADMINISTRATION.

The Community Development Director or their designee enforces all provisions of this Title.

25.02.030 DEFINITIONS.
(a) Awning Sign. A sign attached to, painted upon, appearing upon, incorporated in, or supported by an awning or hood.
(b) Banner. A sign, including pennants and flags, which uses cloth, paper, plastic or other non-rigid material as the sign surface.
(c) Business. Professions, trades, occupations, and all and every kind of calling (including nonprofit organizations) carried on for profit, livelihood, or fund-raising. (d) Construction Sign. A sign displayed on the site of a construction development project, during the time of actual construction.
(e) Electric Face Sign. A sign containing an electrical system, but not including signs illuminated by an exterior light source.
(f) Exterior Lighting. The illumination of a sign byLight Source. A light source thatwhich illuminates a sign but is not a component of the sign itself.
(g) Face Sign. A sign painted on a wall or structure, or constructed as an integral unit or as individual words, letters, or figures, and located approximately parallel with (not more than 18 inches away from) the face of a building or structure.
(h) Flashing Sign. An illuminated sign on which the electrical light is not maintained stationary or constant in intensity and color at all times.
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(i) Freestanding Sign. A sign which is self-supporting in a fixed location and not attached to or projecting over any building.
(j) Hanging Sign. A sign which hangs below an awning.
(k)(j) High Rise Building. Means Any building which is more than fifty feet in height as measured from average grade.
(l)(k) Illuminated Sign. A sign which has characters, letters, figures, designs, or outline illuminated by electric lights or luminous tubes on, within, or attached to the sign, or by an unattached light source. (m)(l) Internally Illuminated Sign. The illumination of a sign by a light source that is fully incorporated into the sign itself.
(n)(m) Internal Reverse Illuminated Sign.Illumination. The illumination of individual letters, numbers or graphics by the use of internal, reverse illumination, where the light source is not directly visible. (o)(n) Logo. A graphic representation or symbol of a company name, trademark, or abbreviation of the name of the business occupying the building or property. (p)(o) Marquee Sign. A sign attached to or supported by a marquee. A marquee means a permanent roofed structure attached to and supported by a building. (q)(p) Mural. A large picture painted or affixed directly on a wall or ceiling. A mural is not considered a sign as defined by this Title.
(r)(q) Non-Conforming Sign. A sign which does not conform to each and every applicable provision of this Title but was:
(1) Lawfully in existence and complied with all Municipal Code and other laws at the time of its erection and in use in the City prior to and at the time the provisions of this Title with which it does not conform became effective; or
(2) Lawfully in existence and in use on property outside the City at the time of annexation of such property to the City.
(s)(r) Nonresidential Use. A church; community service building, including but not limited to, libraries, parks, playgrounds and community centers; public and private educational facilities; day care centers when located in a public or quasi-public structure such as a school, recreation center, church, temple or similar facility; philanthropic uses; and public utility facilities. Except as to uses specifically included in this section, nonresidential use does not include commercial uses.
(t)(s) Off-Site Advertising Sign. A sign which directs attention to activity including a business, commodity, real property, service, or attraction or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is located.
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(u)(t) Permanent Sign. A sign located on a structure for more than 90 days. (v)(u) Portable Sign. A portable sign capable of standing without support or attachment. (v) Private Property. Property other than Public Property or Public Right-of-Way. (w) Projecting Sign. A sign which projects more than eighteen inches from the building face, and is supported by a wall, so that the sign face is perpendicular to the building face or wall, but does not exceed the height of the roof or parapet.
(x) Public Property. Property owned by the City, but excluding Public Right of Way. (y) Public Right-of-Way. That area or those areas dedicated to public use for public street purposes including, but not limited to, roadways, parkways, alleys, and sidewalks. (z) Roof Sign. A sign which exceeds the height of the top of the building parapet, plate line of a pitched roof or top of a mansard roof, or projects more than 18 inches from a mansard roof. (aa) Shopping Center. A cluster of retail and general commercial uses which share common parking facilities.
(1) Community shopping center. "Community shopping center" means a shopping center between 20,000 and 100,000 square feet of gross floor area, capable of supporting two or more retail or commercial businesses.
(2) Regional shopping center. "Regional shopping center" means a shopping center generally totaling more than 100,000 square feet of gross floor area, including one or more anchor department stores.
(bb) Sign. Any structure, display, device, balloon or graphic placed on any land, building or structure, which is used to communicate any message, or which advertises or promotes any business, product, activity, person or interest. Signs include, but are not limited to, any writing, pictorial representation, logo, symbol, banner, or any other figure of similar character of whatever material which is used to identify, announce, direct attention to, advertise or communicate, which is not inside a building. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving, stringing, or otherwise fastening, affixing, or making visible in any manner whatsoever. Notwithstanding the general scope of the foregoing, the following shall not be deemed to be signs for the purposes of this Title:
(1) Automatic Teller Machines;
(2) Architectural features that do not perform a communicative function; (3) Foundation and cornerstones;
(4) Grave markers;
(5) Inflatable gymnasium devices;
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(6) Newsracks;
(7) License plates, license plate frames, and messages painted on street legal and operable vehicles; or
(8) Vending machines and product dispensing devices which do not display commercial messages unrelated to the goods or services provided by the machine or device. (cc) Sign Area. The area in square feet within the smallest rectangle enclosing the total exterior surface of a sign or one face of a "double faced sign". Sign area for a multi-faced sign that has an angle between sides of the sign that exceeds 30 degrees shall be counted for all sides. Where the lettered or illustrated material of a sign consists of individual letters or if the message surface consists of noncontiguous segments or has an irregularly shaped perimeter, then the area of the sign shall be all of the area encompassed within a single continuous rectilinear-perimeter of not more than six straight lines, including any color, material or graphic which is integrated therein which differentiates the message from the background. 216 of 245
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(dd) Street Frontage. The side of a building abutting a street or parking lot on the same zoning plot, and that is measured by calculating either the width of the building or the width of the parcel, whichever is greater. (1) Primary Street Frontage. The street upon which a business's main entrance is located or upon which its address is located. In the case of multiple businesses on a zoning plot, there can only be one primary street frontage.
(2) Secondary Street Frontage. A street frontage other than the primary street frontage. (ee) Temporary Sign. A sign to be displayed only for a limited time as specified by this Chapter. A temporary sign includes a temporary banner.
(ff) Window Sign. A sign on the window or in the interior of a building within no less than 1 foot of a window.
(gg) Zoning Plot. A plot of land consisting of one or more lots or parcels on which an improvement has been, or can be, authorized by this Title. A division of airspace for condominiums or stock for a cooperative shall not establish individual zoning plots for each divided space.

Chapter 25.04 SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY

25.04.010 FINDINGS.

In enacting this chapter Chapter, the City Council finds:
(a) If carefully regulated, the placement of signs on city sidewalks by private individuals can provide a useful outlet for the expression of ideas and the communication of information related to beneficial commercial activity, including, but not limited to, the advertisement of real estate open house events. (b) It is the desire of the City Council to enact standards that would allow for the regulated use of city sidewalks for these communication purposes.
(c) In enacting these regulations it is not the intention of the City Council to regulate the content of messages on signs to be placed on city sidewalks, but, instead, it is the City Council's intention to enact reasonable time, place and manner restrictions aimed at insuring the safety of those using the public sidewalks and those driving on adjacent streets, and to achieve the City's aesthetic interests by reducing visual clutter that would result from the unregulated posting of signs on sidewalks.

25.04.020 RESTRICTIONS APPLICABLE TO SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY. (a) Except as otherwise provided in this chapter Chapter, it is unlawful for any person other than a City representative to place a sign on public property or in the public right-of-way where such sign fails to comply with any of the restrictions stated in this section.
(b) Restrictions Applicable to Signs.
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(1) No sign shall exceed thirty-six inches in height.
(2) No sign shall exceed six square feet in area.
(3) All signs shall be constructed or anchored to prevent movement of the sign by the wind, except that an anchoring shall not be permanent and shall not damage the property on which the sign is placed.
(c) Restrictions Applicable to the Placement of Signs.
(1) No sign shall be placed during hours of darkness.
(2) No sign shall be placed within the median of any public street. (3) No sign shall be attached to, or leaned against, any street furniture, utility facility (including poles and boxes), street light, building, fence, or any other sign. (4) No sign shall be placed within 50 feet of any other sign placed under the provisions of this chapter, except that as many as 4 signs may be placed on sidewalks within 50 feet of the intersection of public streets on each corner of such intersections.
(5) No sign shall be placed in such a manner as to reduce the unobstructed path of travel on any sidewalk to less than 36 inches, and if the existing unobstructed path of travel of a sidewalk is 36 inches or less, no sign shall be placed on that sidewalk.
(6) No sign shall be placed within a curb cut or ramp installed to provide improved access to a sidewalk to the disabled.
(7) No sign shall be placed upon any public propertyright-of-way other than a public sidewalk, except that signs may be placed in unimproved right-of-way with the consent of the owner of the adjoining property.
(8) No sign shall be placed upon public propertyright of way within the areas bounded by Baldwin Avenue to the north, Railroad Avenue to the east, Fifth Avenue to the south, and El Camino Real to the west.
(d) No person shall display a sign that would otherwise be in violation of any of the standards provided in subsections (b) and (c),) by placing the sign upon, attaching to, or leaning suchthe sign against, a vehicle parked within the a public streetright-of-way. This prohibition shall not apply to vehicles upon which advertising or other messages are painted, or to signs that are signs placed within the interior of thea vehicle, signs that are painted on a vehicle, or to signs that are affixed to a vehicle in such a manner that the vehicle may be driven with the sign attached.

25.04.030 EXEMPTIONS.

Notwithstanding any other provisions of this Chapter, the following signs are permitted:
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(a) Signs being held by one or more persons on public property. (b) Traffic safety signs placed on public property by private persons as directed by a public official as part of the authorization to perform work on public property or in the public right-of-way, or in connection with an event taking place on public or private property.
(c) Signs placed by a public officer or employee acting in their official capacity, including such signs as traffic signs, public transit signs, public restroom signs, public parking signs, warning signs, or signs identifying the location of emergency centers, public facilities or places of public interest. (d) Banners placed on street light poles subject to the following limitations and requirements:
(1) Banners may only be placed on street light poles within commercial areas designated by City Council resolution;
(2) Only banners that announce an activity or event of community-wide interest, or commemorate a community institution located in the City of San Mateo may be placed on street light poles;
(3) No banner shall be placed on a street light pole for more than 90 days within a calendar year, except that banners announcing an event or activity, or commemorating a community institution that are placed by a public agency (such as a local, state or federal agency or special district) and at least partially sponsored by the City may be placed on a street light pole for up to 180 days within a calendar year;
(4) No banner placed on a street light pole shall exceed 25 square feet in area; (5) At least 75% of the display area of banners placed on street light poles shall contain artwork or text describing the community activity or event, or the institution being commemorated, and no more than 25% of the display area may be used to depict the name or logo of the sponsoring entity, or entities;
(6) Banners and attachments placed on street light poles must obtain approval from the Director of Public Works to ensure the banners will remain safely affixed to the street light poles and will not present a threat to the safety of those making use of nearby streets and sidewalks; (7) No banner or attachment shall be placed on a street light pole before an encroachment permit is issued under San Mateo Municipal Code Chapter 17.08; and (8) Banners must be removed no later than the last date of the authorized display period.

Chapter 25.06 SIGNS ON PRIVATE PROPERTY
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25.06.010 PERMIT REQUIRED.

Unless exempt, all signs require a sign permit issued by the City. Unless otherwise provided in this title Title, no person shall install, erect, display, alter, move or replace any nonexempt sign without first obtaining a sign permit issued by the City in accordance with this title Title. Signs requiring permits such as a building or electrical permit under the uniform construction codes shall obtain those permits prior to being erected; application for a building or other uniform construction code permit shall be filed concurrently with the sign application.

25.06.030 PERMIT APPLICATION.

Application for a sign permit on private property shall be made to the Community Development Director or designee in writing, upon forms furnished by the City. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the City Council, and provides the following information:
(a) Name, address and telephone number of the applicant and the name, address and telephone number and license number, if any, of the sign contractor; (b) Address, zoning district, and use of the property where the sign is proposed to be displayed; (c) Accurate and scaled site plan showing the location of property lines, buildings, parking areas, driveways, landscaped areas, utility poles and wires, fences, trees and other obstructions and all existing and proposed signs on the site;
(d) Accurate and scaled building elevations showing all existing and proposed signs; (e) Accurate and scaled plans, including details showing the location, dimensions, materials illumination, method of attachments or support, colors, sign text, length of tenant frontage, length of building frontage and logo of each proposed sign;
(f) Existing and proposed sign area of each individual sign and the combined area of all signs (including those already existing or previously permitted) in relation to the maximum allowed sign area; (g) The property owner's written consent to the proposed sign, which may be shown by signature on the application form;
(h) Photographs of the site as viewed from all street frontages and showing all existing signs; (i) Plans and specifications shall be submitted as part of the permit application for each sign. The applicant shall be required to show that the sign shall be constructed in conformity with the building code. Plans shall be accompanied by structural plans and computations, except for face signs painted on the wall, for face signs less than 100 square feet, or for projecting signs less than 20 square feet. 221 of 245
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25.06.050 SIGNS ALLOWED.

Except as otherwise provided in this Title, only the following signs are allowed on private property:. (a) Temporary Banners. Temporary banners may be maintained for a period of 30 consecutive days. The use of banners shall not exceed a total of 90 days per calendar year per business. One banner per street frontage, per zoning plot, shall be permitted with a maximum size of 50 square feet each. No banner shall exceed the height of the business's building parapet, plate line of a pitched roof, or top of a mansard roof.

Temporary banners are allowed in addition to the number and size of permanent signs allowed for the zoning plot.
(b) Permanent Signs. The following types of permanent signs are permitted:
(1) Signs Approved as Part of Planned Signing District. A Planned Signing District shall be reviewed by the Zoning Administrator under Chapter 27.08 and shall be subject to appeal to the Planning Commission pursuant to Section 27.08.090. The Planned Signing District must conform to the following standards:
(A) Be consistent with the applicable restrictions for the zoning district, type of use and zoning plot size.
(B) Each sign shall be designed to be compatible with the architectural style of the main building on the zoning plot and with the predominant visual elements of the building, such as construction materials, color, or other design detail. Each sign located on a zoning plot with more than one building shall be designed to be compatible with the predominant visual elements common or similar to such buildings or the buildings occupied by the anchor tenants or principal uses such as construction materials, color, or other design detail. Signs located on commercial sites but in a predominantly residential area shall take into consideration the architectural style in the residential area.
(2) Freestanding Signs Over Eight Feet in Height. Freestanding signs over eight feet in height shall be reviewed by the Zoning Administrator under Chapter 27.08 and shall be subject to appeal to the Planning Commission pursuant to Section 27.08.090. The freestanding sign shall be subject to the following standards:
(A) The applicable restrictions are based upon the zoning district, type of use and zoning plot size. Any freestanding sign over eight feet in height shall be consistent with these regulations.
(B) Each sign shall be designed to be compatible with the architectural style of the main building on the zoning plot and with the predominant visual elements of the building, such as construction materials, color, or other design detail. Each sign located on a zoning plot with more than one building shall be designed to be compatible with the predominant visual elements common or similar to such buildings or the buildings occupied by the anchor tenants or principal uses such as construction materials, color, or other design detail. Signs located on 222 of 245
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commercial sites but in a predominantly residential area shall take into consideration the architectural style in the residential area.
(C) The height must be in scale with the surrounding neighborhood. (3) Signs on High Rise Buildings. High rise buildings within Commercial (C), Executive Office (E) and Transportation Oriented Development (TOD) zoning districts may have face signs located 40 feet above ground level. These signs are subject to the following restrictions:
(A) Only open block letter signs shall be permitted. Such signs shall be an integral part of the design of the building; and
(B) No method of illumination shall be permitted that either exposes the lighting tubes or bulbs. Signs must use internal reverse illumination, with low intensity lighting with tubing or bulbs concealed behind or within translucent or opaque letters, logos or similar signage.

However, 20 percent of the sign area may be internally illuminated with a direct light source; and
(C) The total area and number of all signs, including any signs above 40 feet, shall not exceed the maximum area and number permitted in the zoning district in which the building is located; however, they can be located on any side of the building and are not limited to the primary, secondary street frontage or parking frontage. (4) Freeway Oriented Signs. On zoning plots which are immediately adjacent to the freeway right-of-way, signs may be erected facing towards the freeway. A freeway sign is allowed in addition to signs authorized for the zoning district of the zoning plot. The additional sign area allowed for a freeway sign may not be combined with the sign area square footage otherwise allowed for the zoning plot in order to exceed the allowed square feet per sign on street frontages or to create larger signs. In addition, the sign area authorized for the zoning district of the zoning plot may not be used to create additional or larger freeway signs. Such signage shall be subject to the following restrictions:
(A) Maximum letter height of four feet and a maximum length of 50 feet. (B) Maximum size of 150 square feet total.
(C) Maximum number of three signs is permitted.
(D) Face signs if placed on the building wall.
(5) Motor Vehicle Fuel Service Stations. Motor vehicle fuel service stations shall be permitted to exceed the number of signs otherwise authorized by this chapter Chapter in order to erect those signs designated in Business and Professions Code Section 13400 et seq., for motor vehicle fuel prices and services.
(6) Signs permitted in the applicable zoning district in accordance with Section 25.06.070. 223 of 245
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25.06.060 SIGNS ALLOWED WITHOUT PERMIT (EXEMPT SIGNS).
(a) Exempt Signs. The following signs are exempt from the permit and fee requirements of this title Title, but are subject to the other restrictions set forth in this title Title. Signs allowed by this section Section shall not be counted against the signage allowed in Section 25.06.070, but may not be added to that signage to create a larger sign.
(1) Sign Size per Zoning District. Signs up to 10 square feet in R1 and R2 districts and 16 square feet in all other districts. No sign may be larger than six square feet, except as allowed under flags and pennants below.
(2) Window Signs. In addition to signs authorized by Section 25.06.070, each residential unit, nonresidential use or individual business may have the window signs listed below. The square footage may not be combined with that allowed for other residential units, nonresidential use or businesses to exceed the allowed square feet per residential unit, nonresidential use or per business or to create larger signs. Window signs shall not cover more than 25% of the window area of any window within a building.
(A) Signs up to four square feet in size.
(B) Ground floor retail businesses may have 50 square feet of window signs per street frontage.
(3) Address Signs. In addition to signs authorized by Section 25.06.070, each building, unit, or property with an address may place a sign not to exceed one square foot limited to the street address for the building, unit, or property.
(4) Parking Lots and Garages. Signs in parking lots and garages that direct vehicle traffic or state parking limitations.
(5) Flags and Pennants. Two flags or any number of pennants totaling 30 square feet in addition to the square footage allowed by Section 25.06.070.
(6) Law. Signs required by law. The sign area of signs permitted under this subsection shall not be counted against any sign area limit provided for in this title Title. (7) Construction Signs.
(A) The following construction signs are allowed on a zoning plot:
(i) For zoning plots less than one acre in size, one sign is allowed per street frontage with a total maximum area of 32 square feet.
(ii) For zoning plots one acre in size or more, one sign is allowed per lot frontage with a total maximum area of 64 square feet.
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(B) Limitations. Construction signs on each zoning plot are subject to the following limitations:
(i) Maximum Height. Eight feet in height, measured at grade, sidewalk or street, whichever is lower.
(ii) Permissible Display Time. Beginning with the grant of a building permit and ending with the earlier of notice of completion or certificate of occupancy for the subject development, or their functional equivalent.
(iii) Private Property. If attached to a fence surrounding the zoning plot, the sign should be located on private property and not encroach ininto the public right-of-way. (iv) Abandoned Construction Signs. Construction signs that remain following the issuance of a certificate of occupancy shall be deemed abandoned and may be abated by the City as a public nuisance.
(8) Change in Sign Copy. Changes in sign copy to an existing permitted and legally erected sign without any accompanying change in square footage, height, and sign structure are exempt from the permit and fee requirements of this title, provided that the change in sign copy complies with this title Title.
(9) Legal Nonconforming Signs. Any on-premises advertising display, as that term is defined in Business and Professions Code Section 5490 et seq., which lawfully exists on the effective date of the ordinance codified in this title Title, but which is not authorized by this title Title, is a legal nonconforming sign, and may continue as an exception to this Title, and to any zoning provisions of this code Code. However, a legal nonconforming sign shall be removed or brought into conformance with the provisions of this title Title if such sign meets any of the criteria set forth in Business and Professions Code Section 5497. For the purposes of applying Business and Professions Code Section 5497, an advertising display shall be considered "abandoned" if it has not displayed any message (either commercial or noncommercial) for a period of 90 consecutive days. (b) Limitations. Exempt signs on each zoning plot are subject to the following limitations:
(1) Freestanding signs shall not exceed the maximum height of six feet above grade or the adjacent street or sidewalk whichever is lower.
(2) Individual signs shall not exceed six square feet, except as allowed for flags and pennants. (3) In a Residential Zoning District, signs shall be limited to face, pennants, flags, window and freestanding signs.
(4) Signs may not be internally illuminated.
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25.06.070 ZONING REGULATIONS APPLICABLE TO SIGNS ON PRIVATE PROPERTY. (a) Residential Districts (R1-A, R1-B, R1-C, R2, R3, R4, R5, R4-D, R5-D and R6-D). (1) For single-family residential uses and multiple-family residential uses on zoning plots of less than 10,000 square feet, no signs other than those designated in this title Title are authorized. (2) For nonresidential uses, as defined in Section 25.02.030, and multiple family residential uses on zoning plots of 10,000 square feet or larger, the restrictions set forth in Table 25.06-2, Sign Restrictions in Residential (R) Districts for Multiple-Family Residential Uses and Nonresidential Uses (Special Uses and Mixed Uses) on Zoning Plots 10,000 Square Feet or Larger, shall apply. (3) For commercial uses, the restrictions set forth in Table 25.06-3, Sign Restrictions in Commercial Districts, shall apply.

Number of Signs Permitted No restrictions other than those set forth in this chapter Chapter.

Table 25.06-2: Sign Restrictions in Residential (R) Districts for Multiple-Family Residential Uses and Nonresidential Uses (Special Uses and Mixed Uses) on Zoning Plots 10,000 Square Feet or Larger (R1-A, R1-B, R1-C, R2, R3, R4, R5, R4-D, R5-D, R6-D)
Zoning Plot Size 10K-15K sq. ft. 15K-30K sq. ft. 30K-50K sq. ft. 50K sq. ft. and Above
Total Sign Area
Permitted (10 sq.
ft. minimum for all
plot sizes)

0.5 sq. ft. per lineal
ft. of street
frontage; maximum
20 sq. ft.

0.5 sq. ft. per lineal
ft. of street
frontage; maximum
25 sq. ft.

0.5 sq. ft. per lineal
ft. of street
frontage; maximum
50 sq. ft.

0.5 sq. ft. per lineal
ft. of street
frontage; maximum
100 sq. ft.

Number of Signs Three signs, none
exceeding 10 sq. ft.;
one may be
freestanding.

Three signs, none
exceeding 15 sq. ft.;
one may be
freestanding.

Four signs, none
exceeding 25 sq. ft.;
one may be
freestanding.

Four signs, none
exceeding 40 sq. ft.;
two may be
freestanding.
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Zoning Plot Size 10K-15K sq. ft. 15K-30K sq. ft. 30K-50K sq. ft. 50K sq. ft. and Above
Types of Signs
Permitted
Face No neon
Freestanding No neon; plus maximum height limit of 8 ft.

Projecting No neon
No sign, regardless of type, shall be located above 40 feet above grade, except as provided for high-rise buildings in Section 25.06.050.
(b) Regulations in all Commercial (C) Districts (C1, C2, C3, C4 and CBD Support). (Except CBD-Required Retail Frontage Area). The following restrictions shall apply in all commercial districts, except Central Business District (CBD)-Required Retail Frontage Area. Community or Regional shopping centers have other restrictions even though they are located in a commercial district:
(1) For commercial uses, the restrictions set forth in Table 25.06-3, Sign Restrictions in Commercial Districts, shall apply.
(2) For single-family residential uses and multiple-family residential uses on zoning plots of less than 10,000 square feet, the restrictions set forth in Table 25.06-1, Residential (R) Districts for Residential Uses on Zoning Plots less than 10,000 Square Feet, shall apply. (3) For nonresidential uses, as defined in Section 25.02.030, and multiple-family residential uses on zoning plots of 10,000 square feet or larger, the restrictions set forth in Table 25.06-2, Sign Restrictions in Residential (R) Districts for Multiple-Family Residential Uses and Nonresidential Uses (Special Uses and Mixed Uses) on Zoning Plots 10,000 Square Feet or Larger, shall apply. (4) Existing Community and Regional Shopping Centers. All businesses or other allowed uses within existing community shopping centers that do not have an approved planned sign district shall be limited to a maximum of 25 square feet of individual sign area. (5) New Community and Regional Shopping Centers. All new community and regional shopping centers, and existing community and regional shopping centers undergoing substantial exterior remodeling pursuant to a Site Plan and Architectural Review (SPAR) under Title 27, shall require review and approval of a Planned Signing District concurrent with SPAR review. All signs shall conform to the provisions of the Planned Signing District.
(6) Multiple Tenants. Where a building contains more than one tenant, the following regulations shall apply:
(A) Sign Area. Shall be calculated per the restrictions set forth in Tables 25-.06-3, 25-.06- 4 and 25-.06-5, whichever is applicable. The total area of signs shall not exceed that required for the zoning plot. When a building contains more than one tenant and has more than one street frontage, for the purposes of calculating maximum square footage, the primary street frontage 227 of 245
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for all the tenants shall be the street upon which the building's main entrance is located, irrespective of the location or address of each individual tenant's main address. (B) Number of Signs. Shall be based on the number of ground floor tenants within the building (that have a street frontage). One sign per each ground floor tenant with street frontage shall be allowed. These signs may be used to advertise any tenant in the building. In addition, one freestanding sign for the entire building may be permitted. (C) Location of Signs. Except as provided in subdivision (E,), signs for all tenants must be located on the ground level.
(D) Multiple Tenant Buildings. Multiple tenant buildings can opt to conform to the restrictions for single tenant buildings set forth in Tables 25-.06-3, 25-.06-4 and 25-.06-5, whichever is applicable.
(E) High Rise Buildings with Multiple Tenants. High rise buildings with multiple tenants may have one face sign not to exceed 150 square feet in sign area in addition to the sign area and number of signs allowed in subsections (b)(6)(A) and (b)(6)(B). High rise building face signs are subject to the requirements set forth in Section 25.06.050(b)(3).

Table 25.06-3: Sign Restrictions in Commercial (C) Districts (C1, C2, C3, C4 and CBD Support) (Except CBD- Required Retail Frontage Area)
Total Sign Area
Permitted
Primary Street Frontage: 1.5 sq. ft./1 lineal foot of
street frontage (allowable minimum of 50 sq. ft.
regardless of primary street frontage size, and up to
maximum of ; maximum 300 sq. ft., minimum 50 sq.
ft.)
Secondary Street
Frontage: 1.0 sq. ft./1
lineal foot of street
frontage; maximum 100
sq. ft., minimum 25 sq. ft.

Number of Signs
Permitted
2 signs per street frontage per business. Only 1 sign per street frontage may be either a freestanding or projecting sign. For multi-tenant buildings see Section

25.06.070(b)(6).

Types of Permitted Signs Maximum Size Minimum and/or
Maximum Height
Additional Requirements
Awning No specified limit other
than the total sign area
and number of permitted
signs as specified above.

No specified limit other
than the total sign area
and number of permitted
signs as specified above.

None other than the total
sign area and number of
permitted signs as
specified above.

Face No specified limit other
than the total sign area
and number of permitted
signs as specified above.

Shall be at least 10 ft.
above the ground or
sidewalk if sign projects
more than 6 inches from
building.

None other than the total
sign area and number of
permitted signs as
specified above.
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Shall not extend above
the building roof line or
parapet line.