CITY OF SAN MATEO
City Council Regular Meeting
August 15, 2022
7:00 PM
City Hall Council Chamber
330 West 20 Avenue
San Mateo CA 94403
COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez
AGENDA
THIS MEETING IS BEING HELD PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDERS WHICH SUSPEND CERTAIN REQUIREMENTS OF THE BROWN ACT.
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW. PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY.
SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.
To join via Zoom – click here: August 15, 2022
To join via telephone: (408) 638-0968
Webinar ID: 894 8100 0499 Passcode: 099084
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.
Any unheard items will automatically move forward to the next regular meeting.
CALL TO ORDER
Pledge of Allegiance
Roll Call
CEREMONIAL
1. Safe from Wildfires Presentation – California Department of Insurance
2. San Mateo Area Chamber of Commerce Update
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.
3. City Council Meeting Minutes - Approval
Approve the minutes of the City Council Special and Regular meetings of April 18, 2022, May 2, 2022, May 16, 2022, June 6, 2022, June 20, 2022 and July 18, 2022 and the Special meeting minutes of May 23, 2022.
4. Sustainability & Infrastructure Appointment Subcommittee – Appointment Recommendation At the recommendation of the Appointment Subcommittee, appoint Sigalle Michael to the Sustainability & Infrastructure Commission vacancy for a full first term ending on June 10, 2026, and place Pam Rittelmeyer on the eligibility list, should another vacancy occur.
5. League of California Cities Annual Conference – Voting Delegate Designation th
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Designate Mayor Rick Bonilla as the City's Voting Delegate for the 2022 League of California Cities Annual Conference and authorize him to vote for the League’s bylaws amendments.
6. “Minimum Wage” Amendments – Ordinance Adoption
Adopt an Ordinance to amend Municipal Code Chapter 5.92 “Minimum Wage” to add a Consumer Price Index percentage cap, a catch-up provision, and round the minimum wage to the nearest five cents.
7. National Opioid Litigation and Settlement Agreements – Direct Settlement Funds to San Mateo County Authorize the City Manager and City Attorney to take all necessary steps and execute appropriate documents to direct settlement funds from the Opioid Settlement Agreements with Distributors and Janssen to San Mateo County for the duration of both agreements, in the approximate amount of $820,000, and confirm staff action to direct the first-year payment of Distributor settlement funds in the amount of $28,464.21 to the County.
8. San Mateo County Mobile Health Clinic – License Agreement Approve a License Agreement with County of San Mateo to allow a Mobile Health Clinic to operate in the City’s public right-of-way and authorize the City Manager to execute the agreement in substantially the form presented.
9. 360 1st Avenue – Lease Amendment
Approve an amendment to the lease for 360 1st Avenue in the Main Street Garage with A+ Mailboxes & More allowing for a one-year lease extension and an additional one-year option and authorize the City Manager to execute the lease in substantially the form presented.
10. Bulk Mailing and Printing – Agreements
Approve bulk mailing and printing services agreements with: 1) CMG Language Services, LLC DBA ColorPrint; and 2) AMS Systems, Inc. DBA AMS Printing, each for an amount not to exceed $150,000 annually; with each agreement providing for two 1-year extension options for up to $150,000 each year, for a total not to exceed amount of $450,000 for each agreement; and authorize the Public Works Director to execute the agreements in substantially the form presented and to exercise the extension options for each agreement.
11. Revision of Interim Child Care Fund Guidelines – Approval Approve the revisions of the Interim Child Care Fund Guidelines.
12. East Hillsdale Park Construction Drawings – Agreement Approve an agreement with Callander Associates Landscape Architecture (CALA) to provide professional design refinement, construction document preparation, bid assistance, and construction observation services for East Hillsdale Park in the amount of $167,380 with a contingency of $15,000 and authorize the Parks and Recreation Director to execute the agreement in substantially the form presented.
13. Classification Updates – Police Department
Adopt a Resolution to approve: 1) the job specification and salary range for the new classification of Crime and Intelligence Analyst; and 2) reallocate 1.0 vacant Management Analyst II position to 1.0 Crime and Intelligence Analyst position in the Police Department.
14. Cannabis Tax Fund Grant Program – Appropriation and Agreement
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Adopt a Resolution to appropriate funds for the Department of California Highway Patrol Cannabis Tax Fund Grant Program grant totaling $31,159.32; and authorize the Police Chief to execute the agreement in substantially the form presented and expend the funds.
15. Cellebrite Premium Software Subscription – Agreement and Appropriation Approve an agreement for purchase of Cellebrite Premium Unlimited Software subscription from Cellebrite, Inc. in the amount of $92,715.35, bringing the cumulative amount to be spent with the vendor for fiscal year 2022-23 to $113,000, and authorize the Chief of Police to execute the agreement in substantially the form presented; and adopt a resolution approving a fiscal year 2022-23 budget appropriation in the amount of $92,715.35 with a net- zero impact to the general fund.
16. Library Materials Acquisition – Agreement
Authorize the Library to spend up to $500,000 annually for fiscal years 2022-23 and 2023-24 in accordance with terms of the Baker & Taylor agreement approved by the City Council on August 17, 2021, to provide books and audiovisual materials and with the option to renew for up to three additional years.
17. Wastewater Treatment Plant On-Call Consulting Services – Agreements Approve two on-call professional services agreements for the Wastewater Treatment Plant related services to Carollo Engineers, Inc. and Brown and Caldwell, with each agreement in the amount of $400,000 for three years, with two (2) one-year extension options for up to $100,000 per year, for a maximum of five (5) years and $600,000 for each agreement; and authorize the Public Works Director to execute the agreements substantially in the form presented, to issue project-specific task orders under these agreements, and to amend the agreements within the budget amount.
18. High Voltage Streetlight Conversion (Phase 3) – Agreements Approve an agreement with St. Francis Electric, LLC for construction of the High Voltage Streetlight Conversion (Phase 3) Project in the amount of $2,352,230; establish a contingency reserve of $240,000; approve an agreement with Ghirardelli Associates, Inc. for construction inspection support in the amount of $92,243; establish a contingency reserve of $9,300; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders or amendments within the budget and contingency reserve.
19. Use of Public Right-of-Way – Agreement
Approve a Utility Equipment Agreement (UEA) with Bandwidth IG, LLC for the construction, installation, maintenance, and operation of fiber optic network facilities within the public right-of-way and authorize the Public Works Director to execute the agreement in substantially the form attached.
20. Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Agreement Approve an Agreement with Herc Rentals, Inc. for a temporary standby generator required to support the Dale Avenue Pump Station Upgrade project in an amount not-to-exceed $222,090.41 for an estimated period of ten months; establish a contingency reserve of $110,046; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
21. Collection System Construction Management Services for the Clean Water Program – Amendments Approve amendments with two professional services firms, Tanner Pacific, Inc. and Townsend Management, Inc., to expand the scope of as-needed construction management services under the Clean Water Program to include support for Wastewater Treatment Plant projects; amend the durational term of the agreements and indemnity
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provisions; maintain the originally approved not-to-exceed amounts of $3,000,000 each; and authorize the Public Works Director to execute the amendments substantially in the form presented and approve future amendments within the approved budget.
22. 2021 San Mateo Rail Corridor Transportation Management Association – Annual Report Review and accept the 2021 San Mateo Rail Corridor Transportation Management Association Annual Report.
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. Disposable Food Service Ware Ordinance – Amendment
Introduce an Ordinance to amend San Mateo Municipal Code Chapter 5.89 “Disposable Food Service Ware Ordinance” to recodify a hardship exemption and eliminate duplicative language, to correct a clerical error.
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
(https://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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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.
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(https://www.cityofsanmateo.org/3971/Agendas-Minutes-Public-Meeting- Portal)
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http://youtube.com/CityofSanMateo
(https://www.youtube.com/user/CityofSanMateo)
3) Watch TV live stream:
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San-Mateo-Live-Stream)
PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.
During the meeting
By Zoom:
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.
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.
In Person:
At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.
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.
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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: 3 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: August 15, 2022
SUBJECT:
City Council Meeting Minutes - Approval
RECOMMENDATION:
Approve the minutes of the City Council Special and Regular meetings of April 18, 2022, May 2, 2022, May 16, 2022, June 6, 2022, June 20, 2022 and July 18, 2022 and the Special meeting minutes of May 23, 2022.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Minutes 2022-04-18 Special
Att 2 – Minutes 2022-04-18 Regular
Att 3 – Minutes 2022-05-02 Special
Att 4 – Minutes 2022-05-02 Regular
Att 5 – Minutes 2022-05-16 Special
Att 6 – Minutes 2022-05-16 Regular
Att 7 – Minutes 2022-05-23 Special
Att 8 – Minutes 2022-06-06 Special
Att 9 – Minutes 2022-06-06 Regular
Att 10 – Minutes 2022-06-20 Special
Att 11 – Minutes 2022-06-20 Regular
Att 12 – Minutes 2022-07-18 Special
Att 13 – Minutes 2022-07-18 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
April 18, 2022
Remote 5:30 PM
Special Meeting
CALL TO ORDER - This meeting was held pursuant to authorization from Government Code 54943(b)(3) / AB361 (2021) in which Brown Act regulations are relaxed to allow members to participate virtually due to the Covid-19 health emergency.
Roll Call
Remote: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez
STUDY SESSION
1. Fiscal Year 2021-22 Mid-Year Budget Update and Fiscal Year 2022-23 Budget Preview Rich Lee, Finance Director, provided a presentation and overviewed the 2021-22 budget end of year estimates of financial position of the City. He reported on impacts from key revenue sources and reviewed recommended uses of remaining fund balance. He also provided a 2022-23 preview of the next budget year highlighting projected property taxes, sales taxes, real property transfer taxes, and reviewed general fund expenditure assumptions.
Public Comment – Rich Hedges commended Rich Lee for making the budget understandable. Council also commended the financial leadership and the hard work of the Finance team.
2. Clean Water Program – Water Reuse Update
Azalea Mitch, Public Works Director, presented information on the Clean Water Program's water reuse efforts, highlighting types of water reuse, options to offset drinking water demand, water supply resiliency and potential next steps. Council asked questions of staff. Public Comment – Drew asked about additional use of purple pipe to additional locations.
Council expressed appreciation for the creative and innovative efforts to manage water use resiliency and applauded the possible creation of 10 million gallons of water per day. Questions were asked about the availability of grant money for some of these efforts. Public Works Director Mitch responded that this document will set us up for additional funding sources.
ADJOURNMENT – The meeting adjourned at 6:16 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice M. Olds, City Clerk
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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
April 18, 2022
Remote 7:00 PM
Regular Meeting
CALL TO ORDER - This meeting was held pursuant to authorization from Government Code 54943(b)(3) / AB361 (2021) in which Brown Act regulations are relaxed to allow members to participate virtually due to the Covid-19 health emergency.
Pledge of Allegiance
Roll Call
Remote: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals, and Rodriguez
CEREMONIAL
1. Ramadan Observance – Sameena Usman, Council on American-Islamic Relations accepted the proclamation
2. Andrew A. Cresci – Commendatory Resolution
CONSENT CALENDAR
The following items, 3 through 15 were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.
Moved: Goethals, Seconded: Bonilla
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
3. City Council Meeting Minutes - Approval
Approve the minutes of the City Council Special and Regular meetings of April 4, 2022.
4. Ordinance Adoption – Sign Code Amendments
Adopt 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.
Enactment: Ordinance No. 2022-04
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 May 18, 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. 45 (2022)
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6. US 101/State Route 92 Area Improvement and Multimodal Project – Letter of Support Authorize Mayor Bonilla to send a letter of support on behalf of the City of San Mateo to Congresswoman Speier for the San Mateo County Transportation Authority's request for Community Project Funding.
7. On-Call Traffic Engineering Data Collection Services – Amendment Approve Amendment No. 1 to the agreement with Innovative Data Acquisitions, LLC dba IDAX Data Solutions for on-call traffic engineering data collection services in the amount of $110,000 for a new agreement total of an amount not to exceed $200,000, extend the term of the agreement, authorize the Public Works Director to execute term extension amendments within the agreement amount, and authorize the Public Works Director to execute Amendment No. 1 in substantially the form approved.
8. Wastewater Treatment Plant Immediate Action Projects, Package II – Amendment Approve Amendment No. 5 to the agreement with Stantec Consulting Services, Inc., to provide professional design services and engineering services during construction for Immediate Action Projects Package II in the amount of $88,673.46, revising the total agreement amount not to exceed $1,562,403.46, extend the term through September 15, 2022, and authorize the Public Works Director to execute the amendment in substantially the form presented.
9. Rodder Truck and Vac-Con Truck – Purchase Contracts
Adopt a Resolution to approve an alternative purchasing procedure and approve a contract with National Auto Fleet Group for the purchase of one Rodder Truck from Nixon-Egli Equipment Company for $271,665.51 and one Vac-Con Combination Sewer and Storm Drain Cleaner from Vac-Con Inc. for $588,981.10, for a total purchase amount of $860,646.61, and authorize the Public Works Director to execute the purchase contracts in substantially the form presented.
Enactment: Resolution No. 46 (2022)
10. Program for Arterial System Synchronization Fiscal Year 2021-22 Cycle – Funding Agreement Approve a Joint Funding Agreement with Metropolitan Transportation Commission for the Program for Arterial System Synchronization Fiscal Year 2021-22 Cycle, approve matching funds from the City in the amount of $7,747, and authorize the Public Works Director to execute the Agreement in substantially the form approved.
11. Central Park Seasonal Ice Rink – Agreement
Approve a five-year zero cost / zero revenue license agreement with On Ice LLC to operate a seasonal ice rink in Central Park and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
12. San Mateo Public Library Foundation Operating Lease – Amendment Approve an amendment to the Property Lease and Operating Agreement with the San Mateo Public Library Foundation to extend the lease for an additional year commencing retroactively to April 1, 2022 through March 31, 2023, and authorize the City Librarian to execute the amendment.
13. San Mateo City Employees' Association Memorandum of Understanding – Amendment Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo City Employees' Association for salary increases and a term through June 22, 2024.
Enactment: Resolution No. 47 (2022)
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14. General Fund Unassigned Fund Balance – Commitment Approval Adopt a Resolution to authorize the commitment of $5,500,000 of General Fund unassigned fund balance for negotiated increases to employee compensation and $4,500,000 for capital improvement projects.
Enactment: Resolution No. 48 (2022)
15. Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool – Resolution in Support Adopt a Resolution to call upon Sutter Health to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool located at the Mills Health Center in San Mateo for community use.
Enactment: Resolution No. 49 (2022)
PUBLIC COMMENT
Public Comment – Mike Schrader commented on the Mickelson therapy pool needs and requested the issue of the pool be taken up by the Senior Citizens Commission to look at senior services. Shawn Leong, Owner of Ah Sam Floral Company in San Mateo, inquired how he could utilize his property at 2635 Palm Place for low-income housing. He was invited to comment on the General Plan Item #16.
OLD BUSINESS
16. General Plan Update – Selection of the Preferred Land Use and Circulation Scenario Zach Dahl, Community Development Deputy Director, introduced the history of the general plan process and overviewed prior presentations and outreach efforts. Joanna Jansen, PlaceWorks Consultant, presented the Land Use alternatives. Council announced they would take up each Land Use alternative one at a time with a separate vote. Council asked questions of staff.
Public Comment (26) – 1) Raayan Mohtashemi is in favor of Circulation Alternative C. 2) Michael Weinhauer, SMRG, commented on Measure Y’s intent to protect from a sham General Plan process. 3) Maxine Terner commented on public comment over the holiday weekend and she does not support land use alternative C. 4) Charity Wagner suggested modifying certain areas to medium density. 5) Lisa Diaz Nash recommend land use alternative A. 6) Ali Sapirman, Housing Coalition, is in strong support of mixed-use high density. 7) Bradley Karvasek, Vice President of Development at PS Business Parks, submitted a letter in favor of mixed-use density for their site. 8) Gustavo Hornos is in opposition to zoning proposed on his parcel. 9) Dusan Miletich stated in regard to study area 9, he sent a letter asking for medium residential designation not low. 10) Laurie Watanuki is in favor of alternative A. 11) Martin Wiggins commented that this process has been thorough, done in good faith and easy to follow and he supports the circulation option. 12) Chris Conway noted that no demographics were given in the survey. 13) David Bohannon spoke of the downshift in the retail business and elaborated on his reasoning for mixed use, medium and high density for the Hillsdale site. 14) Ken Chan stated he works on quality affordable homes, and would remove land use A from consideration. 15) Erika Powell expressed appreciation for the hard work and commented on the language used to describe alternative A. 16) Mike Dunham, Peninsula for Everyone, noted he advocates for affordable and sustainable housing. 17) Shawn is concerned with missing input in this process from businesses during covid. 18) Jordan Grimes, Peninsula for Everyone, strong support for Alternative C. 19) Ken Abreu supports Planning Commission’s recommendations. 20) Jennifer Renk, Land Use Counsel for Hillsdale Shopping Center, study area number 3 map incorrectly labels PetSmart. It should be mixed-use medium not low and that needs a technical correction. 21) Evan Adams supports circulation C and recommends looking at Bridgepointe area, concern is lack of transit there. 22) Karen Herrel commented on terminology ‘mixed use’, and expressed concerned with EIR. 23) Rich Hedges is in favor of circulation C and land use C. 24) George Derby recommends phased approach to implementing general plan guidelines. 25) Laurie Hietter commented on the range of growth in the alternatives and concerned with sustainability in growth. 26) Max Mautner stated desperately need housing density.
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Zach Dahl responded to questions and clarified information raised in public comment. Council asked additional questions and clarified the process for deliberation.
Circulation Element
Discussion ensued on circulation alternatives A, B or C with input to incorporate pedestrian & bicycle improvements in Circulation C. Motion for Circulation C, Rodriguez preferred A. Motion passed 4-1.
Moved: Papan, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, and Goethals
Noes: Rodriguez
Land Use #1 - North – El Camino Real North – Discussion ensued on alternatives A, B, or C. Motion for Alternative B with direction given to staff for changes to medium use or mixed-use medium for specific areas. Motion passed 5-
0. Moved: Papan, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Land Use #1 Central – El Camino Real Central – Discussion ensued with preference expressed for the General Plan subcommittee’s recommendation rather than the Planning Commission recommendation and direction given for Motion for Alternative C with change to high mixed-use on Borel. Motion passed 5-0.
Moved: Papan, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Land Use #1 South – El Camino Real South – Discussion ensued on alternatives A, B, and C with motion for Alternative B with mixed use low on 37th avenue. Motion passed 5-0.
Moved: Papan, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Land Use #2 – Bel Mateo / Mollie Stone Area – Discussion ensued with support for following the Planning Commission Recommendation. Motion passed 5-0.
Moved: Papan, Seconded: Lee
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Land Use #3 – Rail Corridor Area – Discussion ensued with support for following the Planning Commission recommendation with the correction to the PetSmart site to mixed use medium instead of mixed use low and Ah Sam’s site as mixed use high. Motion passed 5-0.
Moved: Bonilla, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
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Land Use #4 – Downtown Area – Discussion ensued with support for Alternative C with the proposed change of mixed use on B street. Motion passed 5-0.
Moved: Papan, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Land Use #5 – Peninsula Avenue – Discussion ensued with using the base of Alternative B with modifications provided to certain areas as directed to staff. Motion passed 5-0.
Moved: Bonilla, Seconded: Lee
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Council recessed for a break at 11:01 pm and reconvened at 11:07 pm.
Per the Council Guidelines, a majority vote is required to continue with as it is after 11:00 pm. Motion to continue with all items. Motion passed 5-0.
Moved: Goethals, Seconded: Papan
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Land Use #6 – Campus Drive Area – Discussion ensued with support for the General Plan Subcommittee recommendation of support for Alternative C. Motion passed 5-0.
Moved: Rodriguez, Seconded: Lee
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Land Use #7 – North Shoreview and Shoreview Area – Discussion ensued with support for Alternative A with mixed use medium on certain sites directed to staff. Motion passed 5-0.
Moved: Papan, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Discussion ensued on if Parkview Terrace property could be residential medium. Goethals motioned, Papan seconded. Withdrawn under City Attorney advice.
Land Use #8 – Parkside Plaza Area – Discussion ensued with preference for Alternative A with a modification to mixed use high for the business park between Grant and Amphlett area and mixed-use medium at Parkside Plaza.
Motion passed 5-0.
Moved: Papan, Seconded: Bonilla
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Land Use #9 – Hillsdale / Norfolk Area – Discussion ensued with preference for Alternative C. Motion passed 5-0.
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Moved: Lee, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Land Use #10 – Bridgepointe – Discussion ensued with general support for the Planning Commission recommendation with discussion around adding a goal for inclusion of open space and green space. Motion passed 5-0.
Moved: Papan, Seconded: Bonilla
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
PUBLIC HEARING
17. Fiscal Year 2022-23 Comprehensive Fee Schedule – Approval Karley Toffey, Finance Senior Management Analyst, presented the Comprehensive Fee Schedule. There were no questions. Public Comment: there were no speakers.
Motion to Adopt a Resolution to approve the revisions to the proposed fiscal year 2022-23 Comprehensive Fee Schedule. Motion passed 5-0.
Moved: Papan, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Enactment: Resolution No. 50 (2022)
NEW BUSINESS
18. Ordinance Introduction – Military Equipment Policy
Police Captain David Peruzzaro provided a presentation on the proposed ordinance outlining the military equipment policy. There were no questions. Public Comment: there were no speakers.
Motion to Introduce an Ordinance to establish a Military Equipment Policy in accordance with state law. Motion passed 5-0.
Moved: Papan, Seconded: Rodriguez
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 asked City Attorney Rasiah to look at a lawsuit to defend businesses being targeted with ADA lawsuits and to get a sense if our County District Attorney has considered joining the lawsuit. Would like the City to be part of a wave of asking the County to support this lawsuit. Ask the City Attorney to do an informal exploratory conversation and report back at the next council meeting. Council Member Papan commented on the phenomenal job the Parks and Recreation Department did on the Eggstravaganza noting it was a fantastic community event.
ADJOURNMENT –The meeting adjourned at 12:06 p.m.
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APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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
May 2, 2022
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER - This meeting was held pursuant to the Governor’s Executive Orders which suspend certain requirements of the Brown Act.
Roll Call
Present: Mayor Bonilla, Deputy Mayor Papan, Council Member Lee Excused: Council Members Goethals and Rodriguez
STUDY SESSION
1. B Street Pedestrian Mall – Special Community Events
Jennifer Chen, Economic Development Manager, provided a presentation on a special community event series this fall in the Downtown on the pedestrian mall on B Street. Council asked questions of staff. The consensus of Council was to host several special event series, with flexibility as to days and times, and on both blocks of B street.
ADJOURNMENT – The meeting adjourned at 6:00 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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
May 2, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER - This meeting was held pursuant to the Governor’s Executive Orders which suspend certain requirements of the Brown Act.
Pledge of Allegiance
Roll Call
Present: Mayor Bonilla, Deputy Mayor Papan, Council Member Lee Excused: Council Members: Goethals and Rodriguez
CEREMONIAL
1. Jewish American Heritage Month - Julia Abramson, Community Relations Associate, Jewish Community Relations Council
2. Professional Municipal Clerks Week
3. San Mateo High Schools 4.0 Grade Point Average Graduate Recognition – Students from Aragon, Hillsdale, San Mateo and Serra high schools were recognized for their scholastic achievements.
CONSENT CALENDAR
The following items, 4 through 10 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 3-0.
Moved: Lee, Seconded: Papan
Ayes: Bonilla, Papan, and Lee
Noes: None
4. Ordinance Adoption – Military Equipment Policy
Adopt an Ordinance to establish a Military Equipment Policy in accordance with state law.
Enactment: Ordinance No. 2022-05
5. Community Development Block Grant 2022-23 Annual Action Plan – Adoption Adopt the 2022-23 Annual Action Plan for the Community Development Block Grant program.
6. Temporary Accounting Services – Agreement
Approve an agreement with Maze & Associates for temporary accounting services in the amount of $144,115 to support implementation of the enterprise resource planning system and implementation of Governmental Accounting Standards Board Statement No. 87, and authorize the Finance Director to execute the agreement in substantially the form presented.
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7. Indian Springs Park Restrooms Remodel – Contract
Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Newton Construction, Inc. to remodel the restrooms at Indian Springs Park in the amount of $212,828.37; establish a contingency reserve in the amount of $22,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.
Enactment: Resolution No. 51 (2022)
8. City Hall Staff Restrooms Remodel – Contract
Adopt a Resolution to authorize a budget transfer of $410,000 and approve an alternative purchasing procedure to award a construction contract to Angeles Contractor, Inc. to remodel the staff restrooms at City Hall in the amount of $492,932.79; establish a contingency reserve in the amount of $50,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.
Enactment: Resolution No. 52 (2022)
9. 480 East 4th Avenue – Grant of Easements
Adopt a Resolution to grant four easements to Pacific Gas & Electric Company on the City-owned property at 480 East 4th Avenue in order to install and maintain the necessary infrastructure to provide electrical service to the Kiku Crossing affordable housing project under construction at 480 East 4th Avenue and the public parking garage under construction at 400 East 5th Avenue, and authorize the Mayor to execute the grant of easements in substantially the form presented.
Enactment: Resolution No. 53 (2022)
10. COVID-19 Declaration of Emergency – Termination
Receive an update on operational impacts and other City efforts related to COVID-19 and confirm the decision to allow the City’s declaration of emergency to lapse as of April 30, 2022.
PUBLIC COMMENT
Public Comment – Jimmy Apffel, Bloom Energy, requested participation in the second annual Stars and Strides Community Run to support and celebrate frontline hospital workers on Saturday, July 2nd.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Lee requested to put a commendation on the next agenda for API History month; Council agreed. Also asked if we could move the item off the agenda and hold a special meeting on May 23rd for the Housing and Revenue measures.
Have more targeted outreach on the issue of housing. Have meeting start earlier and end earlier. Clerk will poll all of the council members. Bonilla and Lee are good; need to check with other Council Members. Bonilla is concerned with Climate change and urged people to look into programs such as Peninsula Clean Energy for ways to help.
ADJOURNMENT –The meeting adjourned at 7:58 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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
May 16, 2022
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER - This meeting was held pursuant to the Governor’s Executive Orders which suspend certain requirements of the Brown Act.
Roll Call
Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Goethals and Rodriguez Remote: Council Member Lee
STUDY SESSION
1. Potential Ballot Measures – Voter Opinion Survey Results Samantha Weigel, Communications Manager, presented an informational report about the results of a voter opinion survey on the feasibility of two potential measures to either increase the City's sales tax rate or make changes to the City's existing real property transfer tax. She sought direction on whether to proceed with a measure on the November 2022 ballot. Dr. Timothy McLarney, True North Research President, presented the results of the Revenue Measure Feasibility Survey and the poll results for a sales tax or Real Property Transfer Tax.
Council asked questions of staff and the consultant.
Public Comment – Raayan Mohtashemi spoke in favor of a revenue measure and stated preference for a sales tax measure.
Council provided comments noting the limited opportunities to generate revenue. Council generally expressed mixed feelings on a sales tax measure. After discussion, consensus was in support of a real property transfer tax measure for properties in excess of $10 million. Council directed the Finance Director to provide an analysis of impacts. Staff indicated the next steps would be drafting potential bond measures for Council to consider.
2. OneShoreline – Update
San Mateo County Supervisor Dave Pine introduced Len Materman, CEO San Mateo County Flood and Sea Level Rise Resiliency District (FSLRRD), who provided a presentation on the OneShoreline initiative. OneShoreline is the first independent government agency in California to build resilience to the water-related impacts of climate change. He presented information on the formation of the District and outlined identified programs for the multi- jurisdictional approach to protect 53 miles of the San Mateo county’s bay shoreline. He noted long-term funding sources are needed and the County will be proposing a parcel tax which would be based on a per square foot tax (opposite of a regressive tax). Council asked questions and it was noted the longer it takes to start the protection measures, the more difficult and expensive it will be.
Public Comment – Rich Hedges stated funding is also needed for handling flooding of creeks.
Council Member Papan, FSLRRD board member, stated she is honored to work with both of the presenters and thanked them for expressing the risk and the hope to make our communities as resilient as possible.
ADJOURNMENT – The meeting adjourned at 7:00 p.m.
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APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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
May 16, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER - This meeting convened at 7:10 p.m. and was held pursuant to the Governor’s Executive Orders which suspend certain requirements of the Brown Act.
Pledge of Allegiance
Roll Call
Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Goethals and Rodriguez Remote: Council Member Lee
CEREMONIAL
1. National Public Works Week – Public Works Director Azalea Mitch
2. National Police Week– Police Chief Ed Barberini
3. Mental Health Month – Sara Mitchell, StarVista, CEO
CONSENT CALENDAR
The following items, 4 through 7 were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.
Moved: Goethals, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
4. Citywide Street Rehabilitation Package 1-C Project (Phase 2) – Amendment Approve Amendment No. 1 to the agreement with Andreini Brothers, Inc. for the Citywide Street Rehabilitation Package 1-C (Phase 2) Project to increase the total contract amount by $260,000, for a total of $2,119,555, and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders in accordance with the contract documents and up to the contingency amount.
5. Bermuda Drive Bridge Replacement Project – Amendment Approve Amendment No. 1 with Biggs Cardosa Associates, Inc. for professional design services for the Bermuda Drive Bridge Replacement Project in an amount not to exceed $216,874 for a total agreement amount of $651,874; increase the contingency reserve by $20,000 for a total contingency balance of $65,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments within the contingency amount.
6. 2022 Citywide Sanitary Sewer Cleaning and Inspection Large Diameter Pipes Project – Agreement Approve an agreement with Pipe and Plant Solutions, Inc. for the 2022 Citywide Sanitary Sewer Cleaning and Inspection – Large Diameter Pipes Project in an amount not to exceed $368,631; establish a
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contingency in the amount of $55,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
7. Board and Commissions – Confirm Reappointments, Planning Commission Appointment and Establish Annual Appointment Subcommittees
Appoint Mayor Bonilla and Council Member Rodriguez to both the Community Relations Commission and Sustainability and Infrastructure Commission Appointment Subcommittees.
Accept the recommendation of the Planning Commission Appointment Subcommittee and appoint Martin Wiggins to a partial term on the Planning Commission ending 6-10-2024.
Reappoint: Community Relations Commissioner – Sheri Boles; Library Board Trustee – Austin Volz; Park & Recreation Commissioner – J. Christopher Massey; Personnel Board – Gayle Murphy; Planning Commissioner – Seema Patel; Senior Citizen’s Commissioner – Mary Webb; Sustainability & Infrastructure Commissioner – Clifford Robbins and Measure S Oversight Committee Members – Richard W. Hedges and Lisa Diaz Nash.
PUBLIC COMMENT
Public Comment – Mike Caggiano commented on the Central bike lanes project. Ryan Montashemi commented on the bicycle improvements on Humboldt Street.
PUBLIC HEARING
8. Ordinance Introduction – Access to Reproductive Health Care Facilities Prasanna Rasiah, City Attorney, provided a presentation explaining the proposed ordinance’s elements which would make it unlawful, within 100 feet of reproductive health care facility entrance, to willfully and knowingly approach within eight feet of any person or vehicle seeking to enter or exit the facility for the purpose of harassing or intimidating a person or vehicle occupants, without their consent. The ordinance also provides rules for obstructing access or departure to the facility; complying with law enforcement dispersal orders; and notes that it only applies during business hours including one hour before and one hour after regular business hours.
Council asked questions of staff.
Public Comment – Jessica Dieseldorff, nurse provider, travels to provide abortion services and stated she was very alarmed by the experience and trauma of the protestors in front of the San Mateo Planned Parenthood site. Becca Horwitz, organizer for Planned Parenthood, appreciated the buffer ordinance. Anticipate massive influx of patients in San Mateo because of potential overturn of Roe v. Wade and the City should expect more protestors. Seema Patel stated the importance of trauma free access to health providers and inquired how we can communicate to people where the 100’ buffer is. Susan Burns, neighbor, stated the harassment is escalating and noted there are anti-abortion signs plastered on all the telephone poles and light poles on the street. Jordan Grimes urged approval of the ordinance tonight. Ed Callan, Baywood Avenue resident, outlined actions taken to make the street safe and hospitable and inquired if the 100’ buffer can be measured by the entrance to the parking lot. Raayan Mohtashemi has been chased by an angry protestor.
Council provided comments in support of this important ordinance to protect people’s rights.
Motion to Introduce an Ordinance to prohibit individuals from harassing, intimidating, or obstructing persons seeking access to a reproductive health care facility within 100 feet of an entrance to such a facility. Motion passed 5-0.
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Moved: Papan, Seconded: Rodriguez
Ayes: Rodriguez, Bonilla, Papan, Lee and Goethals
Noes: None
Council recessed from 8:23 pm – 8:29 pm.
9. 1612 S. El Camino Real – Property Owner Appeal of Relocation Benefits The Property Owner of 1612 S. El Camino Real has withdrawn its appeal and no action was taken on this item.
NEW BUSINESS
10. Downtown Use of Right-of-Way – Update
Tracy Scramaglia, Public Works Sr. Engineer, manages private development right-of-way and permitting, and Sue- Ellen Atkinson, Principal Transportation Planner, manages bike and pedestrian planning as well as parking operations, jointly provided a presentation on policies and plans related to the public right-of-way in Downtown San Mateo and outlined the proposed timeline for the next three months work.
Council asked questions of staff.
Council Member Lee stated her support for multi-modal transit and support for extended pedestrian mall; she left the meeting at 9:12 pm.
Public Comment – Raayan Montashemi, One San Mateo, commented on the bike master plan. Dan noted that dedicated bike lanes on B street get in the way of the intent of the pedestrian mall. Jonathan Stone, Prometheus Real Estate Group, developing the Trag’s site, stated concern with safety for pedestrians. Seema Patel expressed support for a plan with a bolder pedestrian mall in the future. Martin Wiggins encouraged the growth of spaces where the public can meet others and engage. Preston O’Connell has a vested interest in downtown B Street and noted pedestrians should be first focus. Bry Myers requested look at pedestrian and bicycle options.
Council consensus was for a pedestrian mall with pedestrian experiences, prioritize bicycle movement around the area but not through the mall, and deemphasize parking on B Street.
11. City of San Mateo Community Facilities District No. 2008-1 (Bay Meadows) – Approval of Sale of Refunding Special Tax Bonds
Rich Lee, Finance Director, provided a presentation reviewing the history of the Bay Meadows bond series. Sara Oberlies Brown, along with the underwriting team, bond counsel, and municipal advisors were available to respond to questions. Council asked questions of staff and consultants.
Public Comment – there were no speakers.
Motion to Adopt a Resolution to authorize the issuance of one or more series of bonds, the execution and delivery of one or more fiscal agent agreements, a bond purchase contract, a deposit and escrow agreement, a continuing disclosure certificate and an official statement, and authorizing related actions and the execution of related documents with respect to the issuance and sale of bonds. Motion passed 4-0.
Moved: Goethals, Seconded: Papan
Ayes: Rodriguez, Bonilla, Papan and Goethals
Noes: None
Enactment: Resolution No. 54 (2022)
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REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles.
ADJOURNMENT – The meeting adjourned at 9:52 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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
May 23, 2022
In Person and Remote 5:30 PM
Special Meeting
CALL TO ORDER
Roll Call: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez
PUBLIC HEARING
1. Draft 2023-2031 Housing Element Public Hearing
Zachary Dahl, Deputy Director, provided a presentation to Council which included an explanation of the methodology for estimating development potential for the sites inventory, which is expected to evolve and change. He provided an overview of the quantified objectives, and the public outreach and engagement process, and further explained how public participation helped influence the development of the Draft Housing Element.
He noted Diana Elrod, Housing Consultant, was participating remotely and would be available to answer questions as needed.
Manira Sandhir, Planning Manager, explained additional required components and goals, policies, and actions; she summarized public comments received to date, shared the Planning Commission perspective and reviewed the timeline for the process.
Council asked questions of staff including additional information on the sites inventory methodology, inquired about the consultant’s experience and thanked staff for their efforts on preparing the Draft Housing Element.
Public Comments – Tom Taber supported building more housing and fewer office buildings; Michael from Local 217 Foster City stated encouraged labor standards and well-paying jobs are needed; Ken Abreu from local chapter of the Sierra Club restated elements from submitted letter; Karen Herrel stated concern that there seems to be a desire for the Housing Element to fail and why there is still a push for R1 districts; Lisa Diaz Nash supported the proposed Housing Element; Jennifer Martinez read remarks from Carol Steinfeld noted the history of racial segregation through housing; Noelle Langmack concern that there is no rezoning required to achieve housing numbers; Michael Weinhauer stated trickle down housing does not work; Sean stated concern for green space and parks in the planning; Karyl Eldridge commented on historical racial issues; Jordan Grimes noted deficiencies with lack of rezoning in the element; Justin Alley, One San Mateo, noted the City is not following the law; and Jeremy Levine, Housing Leadership Council, noted two letters provided to the City with their recommendations.
Councilmembers complimented staff on the presentation and follow-up responses to questions, and provided individual comments, which included concerns with Commissioner use of their title when providing individual comments, review of the demographic trends narrative to ensure that historical segregation and displacement were appropriately reflected, the need for more affordable home ownership opportunities, the importance of planning for the housing needs of our ‘silver tsunami’ population and homeless population, the importance of keeping the Housing Element adoption on schedule to maintain funding opportunities and that staff should explore the feasibility of the City achieving a Pro Housing designation from the State.
Staff revisited various comments that were heard to confirm Council consensus on the topics raised, including evaluating minimum residential requirements in mixed-use zoning districts, prioritizing senior housing, evaluating
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parking standards for sites near transit, and exploring ways to support non-profits and faith-based organizations that want to produce affordable housing.
ADJOURNMENT – The meeting adjourned at 8:31 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Joan P. Diskin, Deputy City Clerk
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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
June 6, 2022
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER
Roll Call
Present: Mayor Bonilla, Council Members: Lee and Rodriguez Excused: Council Member Goethals
Deputy Mayor Papan arrived at 5:35 p.m.
STUDY SESSION
1. New State Housing Law Senate Bill 9 (SB9) – Study Session #2 Laura Richstone, Associate Planner, provided a presentation on SB9’s intent and goal to provide additional housing to meet demand. She outlined the qualifying criteria and restrictions and reviewed what can be built and updated work done since the February 22, 2022 study session. She requested direction on urban lot splits, unit sizes, and open space standards.
Council asked questions of staff and Ms. Richstone and Manira Sandhir, Planning Manager, responded.
Public Comment – Anne Paulson stated there was a misinterpretation in the Agenda Report and advised the City Attorney research. Laurie Watanuki spoke with concern of parking concerns in R1 zones.
Council discussion ensued with individual feedback. Council Member Lee preferred a tiered approach on urban lot splits with a cap of four units; creating new FAR standards for SB9 projects; and strongly in favor of open space standards. Council Member Rodriguez stated his views are very similar to direction on ADUs and just meet what SB9 restricts us to and not press further and he would limit to 2 units per lot; limit to 800 sq ft and allow staff discretion as every project and lot is different. He is open to exploring the possibilities for open space standards.
Deputy Mayor Papan stated limit lot splits to two; allow slightly larger unit size depending on the lot size; and have open space standards on the site. Mayor Bonilla stated he is in favor of increasing density and allowing more development rather than less and urban lot splits should be allowed; allow larger unit size dictated by the underlying zoning; and use of open space standards.
CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 6:34 p.m. to consider:
2. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: one case ADJOURNMENT – The meeting adjourned at 6:58 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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
June 6, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER
Pledge of Allegiance
Roll Call
Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee and Rodriguez Excused: Council Member Goethals
CEREMONIAL
1. Pride Month – San Mateo County LGBTQ Commissioner Craig Wiesner received the proclamation.
2. Deputy City Clerk Joan Diskin – Commendatory Retirement Resolution (moved to July 18th meeting)
3. Parks & Recreation Director Sheila Canzian – Commendatory Retirement Resolution
CONSENT CALENDAR
The following items, 4 through 16 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 4-0.
Moved: Lee, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee and Rodriguez
Noes: None
4. Ordinance Adoption – Access to Reproductive Health Care Facilities Adopt an Ordinance to prohibit individuals from harassing, intimidating, or obstructing persons seeking access to a reproductive health care facility within 100 feet of an entrance to such a facility.
Enactment: Ordinance No. 2022-06
5. Library Personal Computer Replacements – Purchase
Adopt a Resolution to approve an alternative purchasing procedure and approve a Master Purchasing Agreement and Participating Addendum with CDW-G for the purchase of personal computers in an amount not-to-exceed $110,843.23, and authorize the Director of Information Technology to execute the agreement in substantially the form presented.
Enactment: Resolution No. 55 (2022)
6. Tennis Instruction – Agreement
Approve an agreement with Todd Dissly Athletics, LLC to provide tennis classes and camps for a two- year period from June 15, 2022 to June 14, 2024, with two automatic two-year extensions that include opt-out procedures for a total of six years, annual compensation of $300,000 along with authority to sign change orders of up to $25,000 per year, for a total amount not to exceed $1,950,000; and
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authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
7. Summer Youth Theater Programs – Agreement
Approve an agreement with Bay Area Educational Theater Company to provide summer children's and youth theater programs for the period of June 15, 2022 through August 31, 2022, with compensation of $100,000 along with authority to sign change orders of up to $25,000, for a total amount not to exceed $125,000; authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
8. Pre-School Music Programs – Agreement
Approve an agreement with Cristal D. Garcia dba Peninsula Music Together to provide preschool music classes for the period of June 20, 2022 to June 19, 2023, with compensation of $100,000 along with authority to sign change orders of up to $25,000, for a total amount not to exceed $125,000; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.
9. Wastewater Treatment Plant Immediate Action Projects, Package II – Contingency Approve a $300,000 increase to the contingency reserve associated with the Myers & Sons Construction, LLC construction contract for the Wastewater Treatment Plant Immediate Action Projects, Package II project and authorize the Public Works Director to issue change orders within the contingency reserve amount.
10. Citywide Street Rehabilitation Phase 4-B – Agreement Approve an agreement with HDR/WRECO for design services in an amount not to exceed $350,000; establish a contingency reserve in the amount of $35,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments within the contingency amount.
11. Basin A & Various Locations Sanitary Sewer Improvements Project – Construction Agreement Award an agreement with Westland Contractors, Inc. for the Basin A & Various Locations Sanitary Sewer Improvements Project in an amount not to exceed $7,348,355; establish a contingency in the amount of $1,470,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
12. California Transportation Commission Local Streets and Roads – Project List Fiscal Year 2022-23 Adopt a Resolution to submit a list of projects proposed to be funded with the Road Repair and Rehabilitation Account, Senate Bill 1 funding, to the California Transportation Commission for fiscal year 2022-23.
Enactment: Resolution No. 56 (2022)
13. Fiscal Year 2022-23 General Obligation Bond - Tax Rate Levy Adopt a Resolution to levy the property tax rate of $0.0060 per $100 of assessed value (equates to $6.00 per $100,000 assessed value) for the voter-approved General Obligation Bond annual debt service payment.
Enactment: Resolution No. 57 (2022)
14. Downtown Business Improvement Area – Resolution of Intent for Annual Renewal
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Accept the fiscal year 2021-22 Downtown San Mateo Association Annual Report; adopt a Resolution of Intent to Levy the Annual Assessments for the Downtown Business Improvement Area for fiscal year 2022-23; and set a public hearing for the June 20, 2022 City Council meeting to discuss levying the annual assessment.
Enactment: Resolution No. 58 (2022)
15. Merit Employees Salary Schedules - Approval
Adopt a Resolution to authorize and approve the City of San Mateo merit employee current pay rates and ranges (salary schedule).
Enactment: Resolution No. 59 (2022)
16. Pedestrian Mall Design – Contract Amendment
Approve Amendment No. 1 to the contract with Community Design + Architecture to amend the scope and total fee amount to allow for additional engineering services to locate underground utilities and evaluate street reconstruction options for the pedestrian malls on B Street between 1st and 3rd Avenues in the amount of $20,515 for a new contract total not to exceed $166,000.
PUBLIC COMMENT
Public Comment – There were no speakers.
PUBLIC HEARING
17. Proposed 2022-23 Budget and 2022-27 Capital Improvement Program – Review Rich Lee, Finance Director, provided a presentation noting this was the first of two public hearings on the proposed budget and Capital Improvement Program (CIP) and also noted that a study session was also held in April. He provided an overview of the General Fund, other funds and the position budget (staffing). Council asked questions of staff.
Public Comment – Martin Wiggins stated support for bike lane improvements increasing funding. Raayan Mohtashemi stated support increasing bike and pedestrian improvements.
Council expressed appreciation for the clarity of the presentation and expressed that they will be prepared to act on it at the next public hearing.
NEW BUSINESS
18. 2020 Climate Action Plan – Annual Progress Report
Andrea Chow, Sustainability Analyst, presented the annual update on the implementation of the 2020 Climate Action Plan. She provided statistics on emissions, updates on building electrification reach codes, renewable energy usage, energy efficiencies, clean and sustainable transportation, solid waste, water and wastewater usage, and off-road equipment. Council asked questions of staff.
Public Comment – Belinda Chlouber, San Mateo Climate Action Team, stated San Mateo needs to do more on water usage and eating local. Robert Whitehair, San Mateo Climate Action Team, spoke in support of electrification and use of clean power. Diane Bailey, Menlo Spark, stated support of bold action and decarbonizing existing buildings. Wendy Chou, San Mateo Climate Action Team, stated the City must approach with a greater scale and faster rate of change. Carol Steinfeld stated concern with water stresses and the need for water conservation. Claire Shintani, San Mateo Climate Action Team, stated appreciation for the CAP work and concern for this environmental emergency. Vivienne Scott, San Mateo Climate Action Team, spoke of the increasing
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wildfires effect on asthma and asked for more bold commitment to aggressive action including decarbonization.
Emily Fang, San Mateo Climate Action Team, stated that she learned much about this cause in high school. Crystal Hernandez stated support for all-electric and environmental infrastructure reach codes.
Council asked additional questions of staff and expressed appreciation for all the progress and work they have done to make progress on climate goals.
REPORTS AND ANNOUNCEMENTS
Council Member Lee encouraged all to celebrate pride month.
ADJOURNMENT –The meeting adjourned at 9:02 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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
June 20, 2022
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER
Roll Call
Present: 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: Eric Avila
2. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Lalonde v. City of San Mateo, San Mateo Superior Court Case No.: 20-CIV-05837
STUDY SESSION
3. “Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units” – Municipal Code Review
Christine Civiletti, Code Enforcement Manager, provided a presentation outlining the history of the ordinance noting in 2019 the ordinance was adopted, in 2021 the Council set a goal to strengthen the penalties for repeat offenders and at a study session later in 2021 Council requested more detailed information available penalties.
She overviewed the history of enforcement action since implementation of the ordinance. She then reviewed five possible penalties for consideration and other tools to increase effectiveness. Linh Nguyen, Assistant City Attorney, and Lance Bayer, Special Counsel to the City Attorney’s Office were also available to provide information.
Council asked questions of staff.
Public Comment – Justin Alley stated support and continue to build on the red tag ordinance.
Council all agreed there should be additional penalty provisions required for effective enforcement of Chapter
7.50, the City should adopt an impartial hearing officer review procedure with City Council being the final appeal body, and City staff should begin work on a draft ordinance to adopt the Dangerous Buildings Code.
ADJOURNMENT – The meeting adjourned at 6:45 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice M. Olds, City Clerk
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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
June 20, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER
Pledge of Allegiance
Roll Call
Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez Mayor Bonilla commented about the Juneteenth Federal holiday stating “currently this federal holiday is one of several that are not days in which City operations are closed. Because we are operating and holding a City Council meeting on what is observed as the Juneteenth holiday, today June 20th, I want to take a moment to recognize the importance of this date.”
CEREMONIAL
1. HIP Housing 50th Anniversary – Lisa Diaz-Nash, HIP Housing Board Member, and Shelley Pavela, HIP Housing President, received the proclamation
CONSENT CALENDAR
The following items, 2 through 18 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: Rodriguez, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
2. Caltrans Cooperative Implementation Agreement – Amendment Adopt a Resolution to transfer $197,834.62 in Caltrans funds from the Coyote Point Trash Capture project to the Poplar at Golf Course Trash Capture project and reduce funding from the Solid Waste Fund by $197,834.62 appropriated to the Poplar at Golf Course Trash Capture project; approve Amendment No. 1 to the Cooperative Implementation Agreement with Caltrans to allow the use of remaining funds to cover scope in the Poplar at Golf Course Trash Capture project; and authorize the Public Works Director to execute the amendment in substantially the form presented.
Enactment: Resolution No. 60 (2022)
3. Contracts with Contingency Component – Update
Receive the report on citywide contracts contingency fund expenditures for the period from July 1, 2015 through February 28, 2022.
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4. Citywide Street Rehabilitation Package 3-B (Phase 1) – Agreements Approve an agreement with G. Bortolotto & Company, Inc. for street repair work for the Citywide Street Rehabilitation Package 3-B (Phase 1) Project in the amount of $2,166,207 and establish a contingency reserve in the amount of $217,000; approve an agreement with CSG Consultants, Inc. for construction inspection support in the amount of $108,500 and establish a contingency reserve in the amount of $10,850; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders within the amount of the contingency reserves.
5. Payment of Capital Costs of Clean Water Program Projects – Interim Agreement Adopt a Resolution to approve an Interim Agreement with the Town of Hillsborough for the Payment of Capital Costs of Clean Water Program Projects including an initial payment to the City in the amount of $2,415,000; a payment schedule for Hillsborough in the amount of $2,402,979 per year; and authorize the City Manager to execute the Interim Agreement and amend the payment schedule, as specified.
Enactment: Resolution No. 61 (2022)
6. Wastewater Treatment Plant Supply of Chemicals – Contracts Award chemical supply contracts to 1) Univar Solutions USA Inc. to supply sodium bisulfate in the amount of $323,394, including sales tax; 2) Univar Solutions USA Inc. to supply sodium hypochlorite in the amount of $490,550, including sales tax; and 3) Kemira Water Solutions, Inc. for the supply of ferric chloride in the amount of $266,828, including sales tax; and authorize the Public Works Director to execute the contracts in substantially the form presented.
7. Wastewater Treatment Plant Supply of Liquid Emulsion Polymer – Contract Adopt a Resolution to approve an alternative purchasing procedure and award a contract to SNF Polydyne for the supply of liquid emulsion polymer in the amount of $379,303, including sales tax, and authorize the Public Works Director to execute the contract in substantially the form presented.
Enactment: Resolution No. 62 (2022)
8. Wastewater Treatment Plant Biosolids Hauling and Disposal – Agreement Award an agreement to Synagro-WWT, Inc. for Wastewater Treatment Plant biosolids hauling and disposal for three years in an amount not-to-exceed $1,824,250; approve two, one-year options to extend at $610,000 each for a not-to-exceed total amount of $3,044,250; establish a contingency of $100,000; and authorize the Public Works Director to execute the agreement and issue change orders up to the contingency amount in substantially the form presented.
9. Wastewater Treatment Plant Immediate Action Projects, Package III – Bid Rejection Adopt a Resolution to reject the sole bid received for Wastewater Treatment Plant Immediate Action Projects, Package III, and authorize the Public Works Director to negotiate a contract directly with Mountain Cascade, Inc.
Enactment: Resolution No. 63 (2022)
10. Wastewater Treatment Plant SCADA Monitoring and Upgrade Project – Agreement Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Technology Management Professionals dba TMPros, LLC in the amount of $143,040 to monitor and maintain the Supervisory Control and Data Acquisition (SCADA) system at the Wastewater Treatment Plant, establish a contingency of $10,000, and authorize the Public Works Director to execute the contract and issue change orders up to the contingency amount in substantially the form presented.
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Enactment: Resolution No. 64 (2022)
11. US 101/SR 92 Mobility Hub and Smart Corridor Concept Plan – Alternative Congestion Relief and Transportation Demand Management Funding Application
Adopt a Resolution to authorize an application with the San Mateo County Transportation Authority for Alternative Congestion Relief and Transportation Demand Management Funding for the US 101/SR 92 Mobility Hub and Smart Corridor Concept Plan.
Enactment: Resolution No. 65 (2022)
12. Uniform Maintenance Services – Agreement Change Order Adopt a Resolution to approve an alternative purchasing procedure and approve Change Order No. 1 to the agreement with Cintas Inc. for the purpose of uniform maintenance services in the amount of $20,000.01, for a new agreement amount not to exceed $120,000.00.
Enactment: Resolution No. 66 (2022)
13. Poplar Creek Irrigation Well Drilling Project – Agreement Approve an agreement with ABC Liovin Drilling, Inc for irrigation well drilling services in the amount of $180,000 with a contingency amount of $10,000; authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented and issue change orders up to the contingency amount; and adopt a Resolution to authorize a transfer of $15,427 from the Golf Course Upgrades FY 17-18 Project and appropriate $61,573 from the Parks and Recreation In Lieu Fees Revenue to the Golf Course Well Drilling Project for a total project budget amount not to exceed $252,000.
Enactment: Resolution No. 67 (2022)
14. Vision Service Plan – Amendment
Approve Amendment No. 6 to the agreement with Vision Service Plan for employee vision insurance for an extension of two years from July 1, 2022 to June 30, 2024, and authorize the Human Resources Director to execute the amendment.
15. Fiscal Year 2022-23 General Liability and Property Insurance – Purchase Authorization Authorize a staff committee comprised of the City Manager, the Finance Director and the City Attorney to select the most cost-effective program to ensure the City's general liability and property risks, and authorize the City Attorney to execute all required documents to purchase the selected insurance for fiscal year 2022-23.
16. Compost Procurement Pilot Program Development Professional Services Agreement with San Mateo Resource Conservation District – Agreement
Adopt a Resolution and approve an agreement with San Mateo Resource Conservation District for professional services for the development of the California Senate Bill 1383 (SB 1383) Compost Procurement Pilot Program in an amount not to exceed $73,216.26; and authorize the Public Works Director to execute the agreement and subsequent amendments in substantially the form presented.
Enactment: Resolution No. 68 (2022)
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17. Below Market Rental Rates, Sales Prices and Unit Community Priorities – 2022 Revisions Adopt a Resolution to establish 2022 maximum rental rates and sales prices for affordable housing as required by the City of San Mateo's Below Market Rate (BMR) housing program; and establish Community Priority for units containing 3 or more bedrooms, which may allow a developer to provide fewer BMR units in exchange for units with more bedrooms as long as all other BMR program provisions are followed.
Enactment: Resolution No. 69 (2022)
18. November 8, 2022 General Municipal Election - Calling the District Election for Candidates Adopt a Resolution to call for and conduct the November 8, 2022, General Municipal Election; request consolidation with San Mateo County for election services; and authorize the City Clerk to execute the Service Agreement for the Provision of Election Services with the County of San Mateo for the Candidate election, in substantially the form presented.
Enactment: Resolution No. 70 (2022)
PUBLIC COMMENT
Public Comment – There were no speakers.
PUBLIC HEARING
19. 500 E. 3rd Avenue (Block 21) Mixed-Use Project – Project Approvals Rendell Bustos, Senior Planner, provided a presentation on a proposed six story residential mixed-use project. He provided project background and code and policy review for consideration.
The project applicant, Michael W. Field, Windy Hill Property Ventures, provided a presentation on the project including architectural details, renderings, site plan overview, parking issues, and provided amenities.
Council asked questions of staff and the applicant.
Public Comment – Raising questions or concerns: Eric Wohlford spoke of bike safety issues in this area and concerns with Mitigated Negative Declaration. Mike Nash stated there should be more in the design standards to inform about the overall look of downtown. Laurie Watanuki concerned with concessions for the project. Laurie Hietter stated the San Mateo Downtown is considered a historic district and noted the building is not in character with the historic nature of the city. Raayan Mohtashemi stated concern for the bike lanes. Noelle Langmack stated support for a protected bike lane. Olga requested setback of 20’ for Delaware for safety reasons. Peter Mandle stated concern with parking. George stated concern with coordinating with SamTrans in front of Block 21 on Delaware and parking requirements. Bry Myers stated the need for a protected bike lane on Delaware, safety issue for pedestrians and bicyclists.
Speaking in support of the project: James Newman stated the architecture is positively received by the area; Ali Sapirman; Karen Rosenberg; Vince Rocha, Silicon Valley Leadership Group; Gordon Strause; Auros Harman, Urban Environmentalists; Jordan Grimes; Kendra Ma
Council recessed for a break at 8:22 p.m and reconvened at 8:28 p.m.
Council asked additional questions of staff and the applicant with regard to a voluntary contribution. City Attorney Prasanna Rasiah noted the city cannot require a developer for a voluntary contribution. The Applicant offered to contribute $50,000 towards the city’s continued development and implementation of a study for protected bike
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lanes for the downtown. Council commended Windy Hill for the herculean effort and creativity to bring together the owners to make this project happen and to include affordable housing.
Motion to Adopt a Resolution, as amended to include a voluntary contribution to protected bike , to approve a Site Plan and Architectural Review, Site Development Planning Application, and Tentative Parcel Map for the properties located at 500 E. 3rd Avenue, 300-320 S. Delaware Street, 511-525 E. 4th Avenue, and 307-373 S.
Claremont Street for construction of a six-story (74 feet, 2 inches in building height) mixed-use building consisting of 111 residential units and 179,560 square-feet of office uses; a Special Use Permit for construction staging at 402 S. Delaware Street; and, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program to assess the environmental impacts of the project, based on the Findings for Approval, subject to the Conditions of Approval. Motion passed 5-0.
Moved: Papan, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Enactment: Resolution No. 71 (2022)
20. Downtown Business Improvement Area (DSMA) – Annual Renewal Jennifer Chen, Economic Development Manager, provided a presentation along with Lew Cohen, B Street Books and DSMA President, who presented the fiscal year 2021-22 report. Accomplishments and goals for the upcoming year were reviewed.
Council commended the DSMA for persevering the last several years and surviving - with limited funds and an all- volunteer group and no executive director. Council asked questions of staff and the DSMA President.
Public comment - Seamus Whitley, Nutanix, Inc., DSMA member, expressed that the DSMA has worked through past matters and has made changes to improve its working systems.
Motion to Adopt a Resolution to levy the annual assessment for the Downtown Business Improvement Area for fiscal year 2022-23. Motion passed 5-0.
Moved: Papan, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Enactment: Resolution No. 72 (2022)
21. Fiscal Year 2022-23 Operating and Capital Budgets and Gann Appropriations Limit Adoption and Fiscal Years 2022- 27 Capital Improvement Program – Approval
Rich Lee, Finance Director, provided the final presentation to adopt the operating and capital budgets, as presented. Council had no questions of staff.
Public Comment – Raayan Mohtashemi stated support for the budget.
Motion to Adopt Resolutions to approve the fiscal year 2022-23 operating and capital budgets, the 2022-23 position budget, the fiscal year 2022-23 Gann appropriations limit, and the fiscal years 2022-27 Capital Improvement Program. Motion passed 5-0.
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Moved: Goethals, Seconded: Papan
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
Enactments: Resolution No. 73 (2022)
Resolution No. 74 (2022)
Resolution No. 75 (2022)
NEW BUSINESS
22. Ballot Measure to Increase Existing Real Property Transfer Tax Rate for Properties Sold for $10 Million or More Samantha Weigel, Communications Manager, provided a presentation on the proposed ballot measure for November 8, 2022 to increase Real Property Transfer Tax Rate (RPTT) for properties sold for over $10 Million. She outlined the possible revenue and the process.
Council asked questions of staff.
Public Comment – Lisa Diaz Nash urged the Council to hold off on putting this on the ballot – this is not the time to increase taxes on anyone. Raayan Mohtashemi appreciates the simplification of the language and the ballot question order.
Council discussion ensued on weighing the timing of introducing a tax while still recovering from the covid economic impacts while balancing it against the need for revenue for services that will benefit the San Mateo community. Some reservations were expressed; however, it was noted that the Council is putting this in front of the voters to ultimately decide. In addition, the need for $300 million in capital improvement projects was highlighted and it was further noted the tax has not increased in half a century. Comments were provided by Council Members with Rodriguez, Goethals, Lee and Bonilla eventually supporting the measure and Papan stating concern because large projects do not always have big users, but many of the mixed-use projects have small users, collaborating on a project, who may not have the capability to manage this tax and it may impact projects being proposed or completed. This will add on to the cost of the sale and will trickle down to somebody and that may be small users.
Motion to Introduce an Ordinance to amend provisions of Chapter 3.48 “Real Property Document Transfer Tax” of the San Mateo Municipal Code to increase the City’s existing real property transfer tax from 0.5% to 1.5% for properties sold or transferred for $10 million or more; and adopt a Resolution to call the election and place the measure on the November 8, 2022 ballot. Motion passed 4-1.
Moved: Lee, Seconded: Bonilla
Ayes: Bonilla, Lee, Goethals and Rodriguez
Noes: Papan
Enactment: Resolution No. 76 (2022)
23. Minimum Wage – Informational Update
Denise Garcia, Management Analyst, provided an update on the background and implementation of the City of San Mateo local minimum wage ordinance. She introduced discussion regarding a cap for the CPI increase, whether it should be policy to round up increases to the nearest nickel and discussed what a catch-up provision would be like. Council had no questions for staff.
Public Comment – Cheryl Angeles stated the Chamber of Commerce is willing to help and possibly survey their membership to provide more data for consideration on this item.
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Council majority directed an interest in a 3.5% cap on CPI increases with a catch-up provision, not in favor of decreasing minimum wage if there is a negative CPI, and recommended rounding up to the nearest nickel.
24. Transit-Oriented Development Pedestrian Access Plan – Update Nicolette Chan, Assistant Transportation Planner, and Sue-Ellen Atkinson, Principal Transportation Planner, provided a presentation on the goals of project to increase safety and comfort for pedestrians with the City’s transit-oriented development areas to encourage walking to transit.
Council asked questions of staff.
Public Comment – Raayan Mohtashemi stated this lays out a great vision for transit-oriented locations in the city.
Council applauded staff for the outstanding report noting it was comprehensive and precise and they look forward to seeing this develop.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Lee shared that the City of San Mateo received the Partnership Award from San Mateo/Foster City School District. Mayor Bonilla asked if there was Council interest in a Downtown Transportation Management Agency? He received interest. The City Manager Drew Corbett stated he will do some preliminary analysis and will come back with a study session. Mayor Bonilla also mentioned the bike and pedestrian issues projects. The City Manager emphasized that these can be looked at in September at a study session regarding where we are on the strategic plan, but that there are already a lot of projects being worked on as well as the day-to-day operation, so it is a matter of prioritization.
ADJOURNMENT –The meeting adjourned at 10:53 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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
July 18, 2022
Conference Room C 5:30 PM
Special Meeting
CALL TO ORDER
Roll Call
Present: Mayor Bonilla, Council Members: Lee, Goethals and Rodriguez Deputy Mayor Diane Papan teleconferenced into this meeting from: 1354 North Bundy, Los Angeles CA 90049 STUDY SESSION (Note: Due to technical live streaming issues, item 1 was moved to the Council Chambers and followed item 2)
1. Pedestrian Malls – Draft Design
Kathy Kleinbaum, Assistant City Manager, and Connie Goldade, Community Design + Architecture, presented information on the draft schematic design proposal for short-term improvements to the pedestrian malls on B Street between 1st and 3rd Avenues. Council asked questions of staff.
Public Comment - Raayan Monteshemi encouraged adding bike lockers, suggested repurposing funding to complete a downtown circulation assessment. Kevin Lucido asked questions regarding why modern type style items were chosen instead of the existing architecture style. Max Mautner stated he is grateful that the topic is being discussed and a priority is to make it safer for non-car transit. Jonathan New was happy to see first steps to incorporate design but proposed just paint the crosswalks. Tyson Mao would like to promote extension of the pedestrian mall towards Baldwin Street.
Council asked additional questions of staff and discussion ensued. Consensus was for immediate improvements with furniture, planters, trees and bushes. Regarding the street painting the preference was to focus on the social justice art project that has already been on the Council priority list.
CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 6:34 p.m. to consider:
2. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Danielle M. v. City of San Mateo, San Mateo Superior Court Case No.: 22-CIV-01066
ADJOURNMENT – The meeting adjourned at 6:58 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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
July 18, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER
Pledge of Allegiance
Roll Call
Present: Mayor Bonilla, Council Members: Lee, Goethals and Rodriguez Deputy Mayor Diane Papan teleconferenced into this meeting from: 1354 North Bundy, Los Angeles CA 90049
CEREMONIAL
1. Deputy City Clerk Joan Diskin – Commendatory Retirement Resolution C-5
2. RethinkWaste 2022 Trash to Art Winner Recognition – Aya Tripp from the Carey School of San Mateo
CONSENT CALENDAR
The following items, 3 through 6 and 8 through 19, were considered to be routine by the City Council. Item 7 was removed to be considered separately. 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: Rodriguez, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
3. City Council 2023 Regular Meeting Calendar – Adoption Adopt the City Council Regular Meeting Schedule for calendar year 2023.
4. Public Works and Library Departments – Classification Updates Adopt a Resolution to approve the: 1) job specifications and salary ranges for two new classifications of Wastewater Treatment Plant (WWTP) Technicians; 2) addition of five WWTP positions and two Public Works Engineering Department positions; 3) elimination of three WWTP positions; 4) revisions to the job specifications for various classifications in the WWTP and in the Engineering Division; and 5) reallocation of a vacant Library Assistant position to an Administrative Technician classification in the Library Department.
Enactment: Resolution No. 77 (2022)
5. Juvenile Diversion Program Case Management Services – Contract and Amendment Approve a three-year contract with the Youth Service Bureau of the YMCA of San Francisco for Juvenile Diversion Program case management services in the total amount of $384,715; approve Amendment No. 4 to the agreement with the County of San Mateo to increase the reimbursement amount by $100,000 for case management services for the San Mateo Police Department Juvenile Diversion Program; and authorize the Chief of Police to execute the documents in substantially the form presented.
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6. Unpaid Code Enforcement Abatement Costs and Citations - 2022 Proposed Property Tax Liens Adopt a Resolution to approve the list of properties proposed for tax liens for unpaid Code Enforcement abatement costs and citations, and direct staff to forward the list to the San Mateo County Controller’s Office to be included in the current year tax roll.
Enactment: Resolution No. 85 (2022)
8. Citywide Street Rehabilitation Package 3-B (Phase 2) – Agreement Approve an agreement with G. Bortolotto & Company, Inc. for the Citywide Street Rehabilitation Package 3-B (Phase 2) Project in the amount of $1,755,339.50; establish a contingency reserve in the amount of $176,000 for agreement; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency reserve.
9. Pavement Management and Smooth Streets Program Management Services – Agreement Approve an agreement with Freyer & Laureta, Inc. for Program Management Services for the Smooth Streets and Pavement Management programs in an amount not to exceed $200,000; establish a contingency of $20,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.
10. High Voltage Streetlight Conversion (Phase 4) Design Services – Agreement Approve an agreement with HDR Engineering, Inc. for design services for High Voltage Streetlight Conversion (Phase 4) in an amount not to exceed $259,400; establish a contingency reserve of $25,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments within the contingency amount.
11. Citywide Street Reconstruction Phase 3 – Agreements and Budget Transfer Adopt a Resolution to authorize a budget transfer from Citywide Street Reconstruction Package 2 to Package 1 in the amount of $2,900,000; approve an agreement with Teichert Construction for the Citywide Street Reconstruction Phase 3 Project in the amount of $4,229,667 and establish a contingency reserve of $423,000; approve an agreement with Ghirardelli Associates for construction inspection support services in the amount of $150,000 and establish a contingency reserve of $15,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders within the contingency amounts.
Enactment: Resolution No. 78 (2022)
12. Citywide Street Reconstruction Phase 3 Project – Amendment Approve Amendment No. 4 to the agreement with Wilsey Ham for engineering services during construction in an amount not to exceed $134,000 for a new agreement total of $528,874; and authorize the Public Works Director to execute the amendment in substantially the form presented.
13. Right-of-Way Permitting Support Services – Agreement Approve an agreement with Anchor Engineering to provide right-of-way permitting review and processing services in the amount of $500,000; and authorize the Director of Public Works to execute the agreement in substantially the form presented.
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14. 2750 South Delaware Street Sidewalk Easement – Acceptance Adopt a Resolution to accept a Sidewalk Easement for Bay Meadows Station Block 1, 2750 South Delaware Street, in substantially the form presented.
Enactment: Resolution No. 79 (2022)
15. 2750 South Delaware Street Access Easement – Acceptance Adopt a Resolution to accept an Access Easement on 2750 South Delaware Street in substantially the form presented.
Enactment: Resolution No. 80 (2022)
16. 2022 Annual Sewer Basin Rehabilitation Projects – Agreements Approve four on-call professional design services agreements for the Clean Water Program with CSG Consultants, Schaaf & Wheeler, Wilsey Ham, and Freyer & Laureta for various sewer pipe rehabilitation projects in amounts not-to-exceed $1,500,000 for each consultant; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue project-specific task orders up to the not-to-exceed amount under each agreement.
17. Local Roadway Safety Plan – Agreement
Approve an agreement with Kittelson & Associates, Inc. for preparation of the San Mateo Local Roadway Safety Plan in the amount of $120,938; approve a contingency in the amount of $12,000; and authorize the Public Works Director to execute the agreement and amendments within the contingency in substantially the form presented.
18. Rail Shuttle Bus Service Administration – Agreements Approve the Amended and Restated Rail Shuttle Bus Service Administration Agreements for the Campus Drive and Norfolk Shuttles with Commute.org for extension of shuttle operations for a total of $73,375 and authorize the Public Works Director to execute the agreement in substantially the form presented.
19. SF-Peninsula Regional Purewater Project – Memorandum of Agreement Adopt a Resolution to approve a Memorandum of Agreement between the Bay Area Water Supply and Conservation Agency, California Water Service Company, City and County of San Francisco through its Public Utilities Commission, Mid-Peninsula Water District, and Silicon Valley Clean Water for the development of a basis of design report for the SF-Peninsula Regional Purewater project, which will incorporate the City as a party to the agreement and commit to a cost share not to exceed $100,000; and authorize the City Manager to execute the agreement in substantially the form presented.
Enactment: Resolution No. 81 (2022)
END OF CONSENT CALENDAR
REMOVED FROM CONSENT CALENDAR
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7. 2020 Bicycle Master Plan – Amendment
Item 7 was pulled by a member of the public. Public Comment - Raayan Montashemi commented on the Bike Master Plan and requested to table the ordinance and make amendments. Mayor Bonilla commented that he believes that the Class 4 separated bike lanes should not be removed from 3rd Avenue South.
Motion to Adopt a Resolution to amend the City of San Mateo 2020 Bicycle Master Plan Citywide Bicycle Network. Motion passed 3-2.
Moved: Goethals, Seconded: Rodriguez
Ayes: Papan, Goethals and Rodriguez
Noes: Bonilla and Lee
Enactment: Resolution No. 82 (2022)
PUBLIC COMMENT
Public Comment –Karin Schmidt asked about business licenses. Michael Ragan spoke with concern for traffic study issues which have not been implemented. Laurie Hietter spoke with concern regarding the Planning Commission’s behavior and requested two commissioners be removed from the Commission. Lindsay Raike encouraged Council to write a letter in support of funding of the Mickelson Therapy Pool to the Peninsula Health Care District. Eric Wohlford spoke in support of the B Street closures, critical bike infrastructure and bike master plan. Rayaan Mohtashemi reiterated Eric Wohlford's comments.
OLD BUSINESS
20. General Plan Update – Land Use Map
Zachary Dahl, Community Development Deputy Director, and Joanna Jansen, PlaceWorks, AICP, LEED AP, Principal, provided a presentation on the updated land use maps, in which direction was previously provided at the April 18, 2022 City Council meeting. Council was asked to provide additional direction on the land use map, heights and densities associated with each land use category, and land use designation request for 1501-1555 Hillsdale Blvd.
Council asked questions of staff.
Public Comment - Gustavo Hornos is concerned with heights. Michael Weinhauer commented on Measure Y; state bonus densities should be taken into effect. Ken Abreu, Local Sierra Club Chapter, stated the City is moving in the right direction with more density. Bryan Shields, Carpenter's Union 217, look at this as an opportunity to provide jobs and add language to General Plan to support prevailing wage and health care pensions. Bradley Karvasek, speaking on behalf of PS Business Parks and the owner of Bayshore Corporate Commons, stated they were pleased to be designated as mixed-use high site and want to remain mixed-use high. Charity Wagner, speaking on behalf of property owners at 1501-1555 West Hillsdale Boulevard, stated this property is underutilized and could increase housing. Joe Toscano, Local Union 217, stated interest for adding language for prevailing wages. Michael Ragan commented on density and stated don't turn San Mateo into San Francisco. Jordan Grimes supports increasing 5-7 stories for medium range and 8-12 stories in high range. Raayan Mohtashemi supported the higher range. Taso Zografos spoke in support of Measure Y promoting smart growth.
Council discussion ensued. Concerns were expressed about impacts from height proposals and height limits, the need to provide for more housing, and opportunities in the transit corridor for density. Discussion ensued with regard to properties that flank freeways and what are possible compromises considering Measure Y and Transient Oriented Development goals. It was noted the city does not control height and density bonuses as those are set by the State and now is the best opportunity to maximize public benefits. There was a desire to check in with the community about public benefits. Council Member Rodriguez expressed that 7-8 height limits could become 9-12
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tall buildings and he expressed concern with those scenarios. He was looking for a pragmatic compromise between scenario A and the other scenarios.
Further discussion will need to occur on the definition of heights; however, it was noted that the proposed densities are included in the consideration.
Motion to Confirm approval of the draft land use maps as proposed with specific modifications for Parkside Plaza to be mixed-use medium and to confirm the land use designation of the listed property of 1501-1555 Hillsdale Blvd and specifically densities are approved but heights are not. Motion passed 4-1.
Moved: Bonilla, Seconded: Lee
Ayes: Bonilla, Papan, Lee and Goethals
Noes: Rodriguez
Council recessed for five-minute break at 9:52 p.m. Reconvened at 9:59 p.m.
NEW BUSINESS
21. Ordinance Introduction – “Minimum Wage” Amendments
Denise Garcia, Management Analyst I, provided a presentation on the requested changes to the Minimum Wage ordinance. Council asked questions of staff. Public Comment – there were no speakers.
Motion to Introduce an Ordinance to amend Municipal Code Chapter 5.92 “Minimum Wage” to add a Consumer Price Index percentage cap, a catch-up provision, and round the minimum wage to the nearest five cents. Motion passed 5-0.
Moved: Lee, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
22. Bay Meadows Community Facilities District – Covenant and Special Tax Levy 2022-23 Rich Lee, Finance Director, provided a presentation on the special tax levy for 2022-23 for the Bay Meadows Community Facilities District. Council had no questions of staff. Public Comment – there were no speakers.
Motion to Adopt a resolution covenanting not to issue special tax bonds for Community Facilities District No. 2008- 1 (Bay Meadows), City of San Mateo, County of San Mateo, State of California except refunding bonds, approving the fiscal year 2022-23 Special Tax Levy, and approving and authorizing related actions and documents. Motion passed 5-0.
Moved: Goethals, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Enactment: Resolution No. 83 (2022)
23. Public Employee Pension Reform Act 180 Day Waiting Period Waiver Request – Finance Department Rich Lee, Finance Director, provided a presentation for the need for a waiver to hire a retired annuitants to fill critical roles in the Finance Department for the next six months. Council had no questions of staff. Public Comment – there were no speakers.
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City Council Regular Meeting Minutes – 07/18/2022 Page 6 6 1
6 5
Motion to Adopt a Resolution finding the nature of employment for retired annuitant Dr. Bhavna Chaudhary is necessary to fill a critically needed position before 180 days have passed pursuant to California Government Code section 7522.56. Motion passed 5-0.
Moved: Lee, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Enactment: Resolution No. 84 (2022)
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Lee asked that Council send a letter to Sutter Corporation urging them to consider allowing Peninsula Healthcare District to fund the necessary renovations to reopen Mickelson Therapy Pool and direct staff to also send a copy of the resolution regarding same. By consensus, Council concurred. Mayor Bonilla requested to receive a presentation from group to create a citizen’s oversight committee for the sheriff’s department. Four Council Members were in favor of receiving a presentation.
ADJOURNMENT –The meeting adjourned at 10:13 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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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: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 22-6501 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: August 15, 2022
SUBJECT:
Sustainability & Infrastructure Appointment Subcommittee – Appointment Recommendation RECOMMENDATION:
At the recommendation of the Appointment Subcommittee, appoint Sigalle Michael to the Sustainability & Infrastructure Commission vacancy for a full first term ending on June 10, 2026, and place Pam Rittelmeyer on the eligibility list, should another vacancy occur.
BACKGROUND:
On July 19, 2022, the Appointment Subcommittee, consisting of Mayor Rick Bonilla, Council Member Eric Rodriguez and staff advisors Assistant City Manager Kathy Kleinbaum and Public Works Director Azalea Mitch, interviewed applicants to fill the vacancy on the Sustainability & Infrastructure Commission left by Rafael Reyes on June 10, 2022.
The Appointment Subcommittee interviewed the following applicants:
•Dylan Ackerman
•Max Mautner
•Sigalle Michael
•Pam Rittelmeyer
•Nancy Schneider
•Rob Whitehair
The Appointment Subcommittee recommends Sigalle Michael be appointed to the Sustainability & Infrastructure Commission vacancy and Pam Rittelmeyer be placed on the eligibility list, should another vacancy occur.
BUDGET IMPACT:
There is no budget impact from this administrative action.
ENVIRONMENTAL DETERMINATION:
This item 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 – Boards, Commissions and Committees List
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7040
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Boards, Commissions & Committees List
Term
Date
Appt’d
Term
Expires Term
Date
Appt’d
Term
Expires
COMMUNITY RELATIONS COMMISSION (650) 522-7220
Meeting: 3rd Wednesday, 7:00 p.m. City Hall (Room C)
1 Sheri Boles 07-19-21 06-10-26
1 Meghan Crowell 06-10-21 06-10-25
2 Vacant 12-02-13 06-10-22
1 Jerold Nugent, Chair 06-10-20 06-10-24
1 Sharrie Overall, Vice Chair 06-10-20 06-10-24
PLANNING COMMISSION (650) 522-7212
Meeting: 2nd & 4th Tuesdays, 7:00 p.m. Council Chambers
2 John Ebneter, Vice Chair 06-01-15 06-10-25
1 Adam Nugent 07-19-21 06-10-25
1 Seema Patel 06-10-21 06-10-26
1 Margaret Williams, Chair 07-15-19 06-10-23
0 Martin Wiggins 06-18-18 06-10-24
LIBRARY BOARD (650) 522-7802
Meeting: 4th Monday, 5:30 p.m. Main Library Cedar Rm.
2 Elizabeth De Winter 07-20-15 06-10-23
1 Lisa Diaz Nash 09-17-18 06-10-25
0 Rod Linhares, President 02-16-21 06-10-24
1 Austin Volz, Vice President 01-03-22 06-10-26
0 Shaylona Wheeler 01-03-22 06-10-25
SENIOR CITIZENS COMMISSION (650) 522-7400
Meeting: 2nd Monday, every other month beginning in January 4:00 p.m. San Mateo Senior Center
0 Vacant 01-18-22 06-10-25
0 Liz Foreman 09-20-21 06-10-23
2 Monika Lee, Vice Chair 07-18-16 06-10-24
1 Ellen Wang, Chair 07-20-20 06-10-24
2 Mary Webb 02-17-15 06-10-26
PARK AND RECREATION COMMISSION (650) 522-7400
Meeting: 1st Wednesday, 7:00 p.m. City Hall (Room C)
1 Sarah Fields 06-10-21 06-10-25
0 Lindsey Held, Vice Chair 07-20-20 06-10-23
2 Eric Holm, Chair 10-06-14 06-10-23
2 J. Christopher Massey, Chair 09-21-15 06-10-26
2 Heather Wolnick 07-17-17 06-10-25
SUSTAINABILITY & INFRASTRUCTURE (650) 522-7153
COMMISSION
Meeting: 2nd Wednesday, 7:00 p.m. Council Chambers
1 Adam Loraine 07-20-20 06-10-24
0 Kimi Narita 04-05-21 06-10-23
1 Vacant 08-06-18 06-10-22
2 Clifford S. Robbins, Chair 08-06-18 06-10-26
1 Susan Rowinski, Vice Chair 08-06-18 06-10-25
PERSONNEL BOARD (650) 522-7260
Meeting: 3rd Tuesday, 7:00 p.m. City Hall (Room C)
1 Caiti Busch 06-10-21 06-10-25
1 Debra Kaiser 06-10-21 06-10-25
2 Gayle Murphy, Chair 07-20-15 06-10-26
1 Robert Newsom, Vice Chair 08-19-19 06-10-23
1 Tony Villanueva 01-19-21 06-10-24
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7432
Meets twice a month, Coordinator: Brandon Parra
Youth from the following schools represent the voice of San Mateo teens: Aragon – Hillsdale – Serra – San Mateo
MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358
1 Ed Degliantoni 09-21-15 12-31-21
0 = appointed to unscheduled opening, eligible to serve a first full term 1 = in first term currently
2 = in second (final) term currently
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.
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Term
Date
Appt’d
Term
Expires
MEASURE S OVERSIGHT COMMITTEE (650) 522-7040
Meeting: 3rd Tuesday of the 2nd month of the quarter (February, May, August, November) at 6:00 p.m. City Hall (Room C)
2 Naomi Chin-Fuen Hsu 02-05-18 06-10-24
2 Richard W. Hedges, Vice Chair 02-05-18 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
2 Lisa Diaz Nash, Chair 02-05-18 06-10-26
1 Vince Siminitus 11-01-18 06-10-23
CIVIC ARTS COMMITTEE (650) 522-7164
Meeting: 2nd Monday, every other month beginning in January, 4:00 p.m. City Hall (Room C)
Robert Gooyer
Seema Patel
Ginger Slonaker
Stephen Tabler, Chair
Dianne Whitaker, Vice Chair
INVESTMENT ADVISORY COMMITTEE (650) 522-7100
Meeting: 3rd Thursday of Jan/Apr/Jul/Oct at 3:30 p.m., City Hall (Room C)
Jeff Adams
Michael Carney
Chris deLong
Mark Moroni
Margaret Taylor, Chair
GENERAL PLAN SUBCOMMITTEE
Meeting: Varies
Eric Rodriguez (City Council Member)
Rick Bonilla (City Council Member)
Seema Patel (Planning Commissioner)
Adam Nugent (Planning Commissioner)
Heather Wolnick (Park and Recreation Commissioner)
Ken Chin (San Mateo Foster City School Board Member)
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.
/s/ PATRICE M. OLDS, CITY CLERK
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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: 5 Section Name: CONSENT CALENDAR Account Number: 10-1111 File ID: 22-6507 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: August 15, 2022
SUBJECT:
League of California Cities Annual Conference – Voting Delegate Designation RECOMMENDATION:
Designate Mayor Rick Bonilla as the City's Voting Delegate for the 2022 League of California Cities Annual Conference and authorize him to vote for the League’s bylaws amendments.
BACKGROUND:
The City is a member of the League of California Cities (League) and as part of its annual conference, a business meeting will be conducted on Friday, September 9, 2022 for the League membership to consider and take action on resolutions that establish League policy. The City has one vote in the proceedings, and the City Council must designate a voting delegate to represent the City and may also appoint up to two alternate voting delegates, one of whom may vote in the event the designated voting delegate is unable to serve in that capacity. The form designating the City's voting delegate is due to the League no later than September 2, 2022.
Proposed bylaws amendments will go before the General Assembly for a vote during the 2022 Cal Cities Annual Conference. The proposed bylaws amendments can be seen in Attachment 2 to this Agenda Report.
BUDGET IMPACT:
There is no budget impact for taking this action.
ENVIRONMENTAL DETERMINATION:
This item 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 – CalCities Voting Designation Form
Att 2 – Proposed CalCities Bylaws Amendments
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
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CITY:__City of San Mateo________________________
2022 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name: Rick Bonilla
Title: Mayor
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:
Title: Title:
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: _Patrice M. Olds____________________ [email protected]____ Mayor or City Clerk__City Clerk_____________ Date__8/15/2022 Phone (650) 522-7042 (circle one) (signature)
Please complete and return by Friday, September 2, 2022 to:
Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254
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2022 Annual Conference and Expo
PROPOSED BYLAWS AMENDMENTS
General Assembly
September 9, 2022
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2021-2022
CAL CITIES OFFICERS
President
Cindy Silva
Mayor Pro Tem,
Walnut Creek
First Vice President
Ali Taj
Council Member,
Artesia
Second Vice President
Daniel Parra
Council Member,
Fowler
Immediate Past President
Cheryl Viegas Walker
Council Member,
El Centro
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org A
ugust 2022
To
: Cal Cities General Assembly
From: Cindy Silva, President
Carolyn Coleman, Executive Director and CEO
Re: Proposed Cal Cities Bylaws Amendments
O
n July 15, 2022, the League of California Cities (Cal Cities) Board of Directors (Board) voted to present proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo. This memorandum outlines the history of the proposed amendments, summarizes the amendments, and provides an explanation of the process for adopting amendments to the bylaws.
Background
B
eginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Grown Plan 2018-2021” (Strategic Growth Plan). The Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive.
I
n furtherance of its governance goals, the Board engaged an association governance consultant (Consultant) to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance. The Consultant gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys. On July 8, 2021, the Consultant produced a report (Governance Report) detailing 49 recommendations to the Board to deepen the engagement of Cal Cities Member Cities and ensure Cal Cities’ governance is operating at peak performance.
T
he Governance Report included findings indicating that Cal Cities is a strong organization, with a high level of member engagement, but also highlighted opportunities for Cal Cities to enhance its governance. The opportunities for enhancement included: (a) improving the clarity, ease, and consistency in how the governance system works; (b) clarifying the guidelines for position qualifications and performance expectations; (c) identifying ways to deepen member engagement and enhance the quality of the experience of involvement; and (d) ensuring Cal Cities has an intentional, consistent organizational culture at all levels of the governance system.
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The findings and recommendations from the Governance Report were presented to the Board during the July 2021 Board meeting. Following a robust exchange of ideas and input, the Board decided to move forward with many of the recommendations, referred other recommendations to a “to be established” board subcommittee for further study, and deferred consideration of the remaining recommendations.
Following Board approval, in September 2021 during the Cal Cities Annual Conference and Expo, the General Assembly voted to approve the following bylaws amendments:
1. Adjust the composition of the Board to achieve a higher impact and be more representative by adding Director seats to the Board for each of the five Diversity Caucuses, and transitioning members of the National League of Cities Board from Cal Cities Directors to one non-voting advisor to the Cal Cities Board.
2. Recognize the Cal Cities Diversity Caucuses in the Cal Cities bylaws to reflect the full contribution the caucuses make to Cal Cities’ mission and vision.
Those amendments became effective on Nov. 24, 2021.
Among the recommendations the Board decided was a priority to move forward was the establishment of a standing Governance Committee to assist the Board in fulfilling its governance function.
At its February 2022 meeting, the Board voted to approve Board policy establishing the Governance Committee with the task of regularly reviewing the governance structures, policies, and practices of Cal Cities and reporting its findings and recommendations to the Board. The Board also approved a one-year work plan for the Governance Committee that established priority governance issues to focus on in its first year.
Following the Board meeting, President Cindy Silva appointed the following Board members to serve on the Governance Committee:
• Cheryl Viegas Walker, Immediate Past President and Council Member, El Centro, Chair • Walt Allen, Council Member, Covina
• Jan Arbuckle, Vice Mayor, Grass Valley
• LaTanya Bellow, Deputy City Manager, Berkeley
• Pippin Dew, Council Member, Vallejo
• Lynne Kennedy, Mayor Pro Tem, Rancho Cucamonga
• Karen Goh, Mayor, Bakersfield
• Jim Lewis, City Manager, Pismo Beach
• Lisa Middleton, Mayor, Palm Springs
• John Minto, Mayor, Santee
• David Pollock, Council Member, Moorpark
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The Governance Committee met in April 2022, and following engaging and productive discussions, brought forward to the Board at its May 2022 meeting several recommendations to further enhance Cal Cities’ governance. Among the recommendations approved by the Board during that meeting are two that require bylaws amendments:
1. Formalize oversight of the Resolutions Committee by establishing the Second Vice President as the chair of the committee, while retaining the President’s authority to appoint the vice chair of the committee.
2. To ensure a more inclusive Nominating Committee, add one committee member appointed from among the Caucus Directors and one additional committee member appointed from among the At-Large Directors for a total of 13 committee members.1
In addition to those recommendations identified by the Governance Committee and approved by the Board, Cal Cities staff identified various non-substantive revisions to the Cal Cities bylaws:
1. Clarify that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of Board-established committees.
2. To avoid confusion and clarify organizational responsibilities, remove “Treasurer” from the title of the Second Vice President.
2 3. To promote consistency, replace the term “Board member(s)” with “Director(s).”3
On July 15, 2022, the Board voted to present these proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo.
While the work to enhance Cal Cities’ governance is a process being implemented in phases over several years, the Board believes these proposed amendments constitute important next steps toward ensuring Cal Cities’ governance is operating at peak performance.
1 Under the current bylaws, the Nominating Committee is comprised of 11 Directors. Two committee members are appointed from among At-Large Directors and one from a Department. Divisions participate on a rotation, with Directors residing within eight of the Divisions appointed in even-numbered years and Directors from the other eight appointed in odd-numbered years. 2 Under the current bylaws, the Second Vice President is referred to as “Second Vice President/Treasurer.” However, in practice the Second Vice President does not serve as treasurer of Cal Cities. Rather, that function is performed by the Chief Financial Officer designated in Article VIII, section 5, subdivision b(2), of the Cal Cities bylaws.
3 The current bylaws primarily refer to members of the Cal Cities Board of Directors as “Directors.” However, there are instances in which they are referred to as “Board members.” 3 54 of 461
Procedure for Amending the Cal Cities Bylaws
Amendments to the Cal Cities bylaws may be proposed by the Cal Cities Board and may be adopted: (a) by vote of the Cal Cities General Assembly, or (b) by mail ballot to Member Cities.4 In this case, the amendments will be considered by the General Assembly. Bylaws amendments need to be approved by 2/3 of those voting,5 and the number that constitutes 2/3 of those voting (a) cannot be less than a majority of the voting delegates present if there is a quorum at the time the vote is taken;
6 or (b) cannot be less than a majority of a quorum if the meeting started with a quorum but a quorum is not present when the vote is taken.7
If approved by the General Assembly, the amendments to the bylaws will go into effect after the expiration of a 60-day protest period.
8 If, within 60 days after the adoption of the amendments, one-third or more of Member Cities submit a written protest against such amendments, the amendments are automatically suspended until the next Annual Conference and Expo, when they may be taken up again for reconsideration and vote.9 If the amendments are approved by the General Assembly and no protest is lodged, the effective date of the bylaws amendments will be Nov. 9, 2022.
4 Article XVII, Section 1.
5 Article XVII, Section 2.
6 Cal. Corp. Code 7512, subd. (a).
7 Cal. Corp. Code 7512, subd. (d).
8 Article XVII, section 6.
9 Article XVII, section 7.
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RESOLUTION RELATING TO AMENDMENTS TO THE CAL CITIES BYLAWS (2/3 vote at General Assembly required to approve)
Source : League of California Cities Board of Directors
WHEREAS, the League of California Cities (Cal Cities) is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and
WHEREAS, the Cal Cities Board of Directors (Board) periodically reviews the Cal Cities bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership needs and interests; and
WHEREAS, beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Growth Plan 2018-2021” (Strategic Growth Plan); and
WHEREAS, the Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive; and
WHEREAS, in furtherance of its governance goals, the Board engaged an expert in association governance who gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance; and
WHEREAS, in July 2021 the Board decided to move forward with certain recommendations made as a result of that governance evaluation, including a recommendation to establish a standing Governance Committee of the Board to assist the Board in fulfilling its governance function; and
WHEREAS, in February 2022 the Board approved Board policy establishing the Governance Committee and charging it with regularly reviewing the governance structures, policies, and practices of Cal Cities, and reporting its findings and making recommendations to the Board; and
WHEREAS, in 2022 the Governance Committee recommended, and the Board, approved certain changes to the bylaws that: (1) formalize the oversight of the Resolutions Committee; (2) ensure a more inclusive Nominating Committee by adding one committee member appointed from among Caucus Directors and one additional committee member appointed from among At- Large Directors; (3) clarify that, unless the board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; and (4) make various non-substantive revisions; and
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WHEREAS, the Cal Cities Board offers the following proposed amendments and additions to the bylaws, as set forth in the attached redlined version of the bylaws specified below, which is hereby incorporated by reference:
1. Amend Article VI, section 3(c) to designate the Second Vice-President as the Resolutions Committee chair, while retaining the President’s authority to appoint the vice chair of the Resolutions Committee;
2. Amend Article VII, section 5(b) to adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members;
3. Amend Article VII, Section 10(d) to provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees;
4. Replace the title “Second Vice-President/Treasurer” with “Second Vice President” in Article VII, sections 2(a), 5(e), and 10(b); and Article VIII, sections 1, 2(c), and 4;
5. Replace the term “board member(s)” with “Director(s)” in Article VII, sections 5(b), 5(e), and 8; Article XII, section 5(c); and Article XV, section 4; and now therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled during the Annual Conference in Long Beach on September 9, 2022, that the proposed bylaws amendments are hereby approved and Cal Cities shall make the specified amendments to the Cal Cities bylaws set forth in the attached redlined version of the bylaws.
See ATTACHMENT 1 for redline of proposed changes to the bylaws. 6 57 of 461
ATTACHMENT 1
Redline of Proposed Changes to Bylaws
7 58 of 461
Bylaws for the
League of California Cities
…
Article VI. Resolutions
…
Section 3: Resolutions Committee for Annual Conference Resolutions.
(a) Resolutions Committee Composition. The Cal Cities President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of:
(i) One elected official from each regional division, appointed by the regional division;
(ii) One elected official from each policy committee, appointed by the policy committee;
(iii) One member from each functional department, appointed by the department;
(iv) One elected official from each caucus, appointed by the caucus; and
(v) Up to ten additional members (at least five of whom are elected officials) as the Cal Cities President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff.
(b) Presidential Appointments. In the event a regional division, policy committee, functional department, or caucus does not make its appointment to the Resolutions Committee, the Cal Cities President may make the appointment on the regional division’s, policy committee’s, functional department’s, or caucus’s behalf.
(c) Chair. The Cal Cities President shall also appoint to the Resolutions Committee a committee chair and vice chairSecond Vice-President shall serve as committee chair. The Cal Cities President shall also appoint to the Resolutions Committee a vice chair.
(d) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the Cal Cities President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials.
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(e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of Cal Cities on any question may be considered or discussed by Cal Cities’ General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. …
Article VII: Board of Directors
…
Section 2: Composition.
The Cal Cities Board is composed of the following:
(a) A President, First Vice-President and Second Vice-President/Treasurer, who each serve a term of one year;
(b) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President;
(c) Twelve Directors-at-Large,
(i) Who serve staggered two-year terms, and
(ii) At least one of whom is a representative of a small city with a population of 10,000 or less;
(d) One Director to be elected from each of the regional divisions, functional departments, and caucuses of Cal Cities, each of whom serves for a term of two years; and
(e) Ten Directors that may be designated by the mayors of each of the ten largest cities in California to serve two-year terms.
(f) For purposes of this section, the population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population.
(g) Directors hold office until their successors are elected and qualified.
…
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Section 5: Nomination Process.
(a) Timing. The Cal Cities President, with the concurrence of the Cal Cities Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur.
(b) Composition. The nominating committee shall be comprised of eleven thirteen Board membersDirectors. ThreeTwo nominating committee members shall be At-Large Directors, and one shall represent a functional department, and one shall represent a caucus. Regional divisions shall be represented on the nominating committee on the following rotating basis:
(i) Even-Numbered Years: In even-numbered years, the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County
Regional Divisions shall be represented on the nominating committee.
(ii) Odd-Numbered Years: In odd-numbered years, the Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin Regional Divisions shall be represented on the nominating committee.
(c) Nominating Committee Chair. The Cal Cities President shall appoint the chair of the nominating committee.
(d) Candidates for Positions Ineligible. Candidates for officer and at-large positions on the Cal Cities Board are not eligible to serve on the nominating committee. In the event a regional division representative on the nominating committee wishes to be a candidate for an officer or at-large position, the Cal Cities President will appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division.
(e) Duties. The duties of the nominating committee are to:
(i) Member Outreach. Publicize the qualifications for the offices of Second Vice Vice-President/Treasurer and the at-large members of the Cal Cities Board to Cal Cities’ Member Cities;
(ii) At-Large and Second Vice-President Recommendations. Make recommendations to the Cal Cities Board on the following year’s Cal Cities officers and at-large board membersDirectors; and
(iii) President and First Vice President Recommendation.
Recommend whether the previous year’s First Vice President 10 61 of 461
becomes President and the previous year’s Second Vice-
President/Treasurer becomes First Vice President.
(f) Notice to Members. An explanation of the nomination process and relevant deadlines for submitting nominations to the nominating committee shall be publicized in Cal Cities publications and communications throughout the year, along with the identity of nominating committee members once such members are appointed. In addition, the nominating committee shall inform the membership of the opening of the nominations for the following year when it makes its report to the general membership as provided in Article VI, Section 5(g) below.
(g) Decision and Report. The nominating committee’s recommendations shall be communicated to the Cal Cities Board not later than 30 days prior to the date of Cal Cities’ Annual Conference and again at the Annual Conference.
In addition, the nominating committee shall make its report to the membership at the opening general session of the Annual Conference.
(h) Election. The election of Cal Cities Board officers and Directors-at-Large shall occur at a Cal Cities Board meeting at the Annual Conference as provided in Article VII, Section 4(c) and Article VII, section 3.
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Section 8: Meetings and Meeting Notice.
(a) Regularly Scheduled Board Meetings. The Cal Cities Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting.
(b) Emergency Board Meetings. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means).
(c) Telephonic or Electronic Participation. Members of the Cal Cities Board may participate in any meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation in a meeting by this means constitutes presence in person at such meeting.
(d) Notice Content. All meeting notices shall include the meeting date, place, time, and, as applicable, the means by which a Cal Cities Board memberDirector may participate electronically.
…
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Section 10: Committees.
(a) General. The Cal Cities Board may establish committees to study city problems, advise on Cal Cities educational efforts, make recommendations with respect to Cal Cities advocacy efforts, or to engage in other appropriate Cal Cities service.
(b) Executive Committee.
(i) Composition. The Executive Committee of the Cal Cities Board consists of the following: the Cal Cities President, First Vice- President, Second Vice-President/Treasurer, Immediate Past President and Executive Director.
(ii) Authority. The Executive Committee has authority to act for the Cal Cities Board between Board meetings, provided that no action of the Executive Committee is binding on the Cal Cities Board unless authorized or approved by the Board.
(c) Standing Policy Committees.
(i) Charge. Cal Cities shall have a series of standing policy committees, whose charge shall be to make recommendations to the Cal Cities Board on matters within the committees’ jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)).
(ii) Membership. Each Cal Cities Policy Committee shall be comprised of the following:
• Two members appointed by each regional division president;
• One member appointed by each functional department president;
• One member appointed by each caucus president;
• No more than 16 members appointed by the Cal Cities President, to provide population and geographic balance, as well as expertise; and
• Such representatives of affiliate organizations in the capacity authorized by the Cal Cities Board.
(iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions.
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(d) Committee Chairs and Vice Chairs. Unless the Cal Cities Board establishes otherwise, Tthe Cal Cities President appoints the chair of all Cal- Cities-wide committees. The term of such appointments coincides with the Cal Cities President’s term. The Cal Cities President may appoint vice chairs for such committees, as the Cal Cities President deems necessary. …
Article VIII: Officers
Section 1: Identity.
The officers of Cal Cities are a President, a First Vice-President, a Second Vice- President/Treasurer, an Immediate Past President, and an Executive Director.
Section 2: Duties of Cal Cities Officers.
(a) President. The President presides at all Cal Cities Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
(b) First Vice-President. The First Vice-President carries on the duties of the President in the President’s temporary absence or incapacity. The First Vice- President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President’s and First Vice- President’s temporary absence or incapacity. The Second Vice- President/Treasurer has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
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Section 4: Vacancies.
A vacancy in the office of President is filled by the Immediate Past President who shall serve for the unexpired term of office and, upon election of a new President at the next Annual Conference, shall subsequently serve a full term as Immediate Past President.
In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writing, it shall be filled by the succession of the First Vice-President to that office. A vacancy in the office of First Vice-President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment by the Cal Cities Board of a member of the Cal Cities Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office.
…
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Article XII: Voting
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Section 5: Mail Balloting.
In addition to voting at Cal Cities meetings, Cal Cities may solicit member input by mail ballot.
(a) Mailing.
10 The question(s) to be voted upon, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City for consideration and action.
(b) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote. Ballots shall be cast by returning the Member City’s ballot to Cal Cities’ principal office in Sacramento.
(c) Ballot Tabulation and Results Announcement. The Cal Cities President will appoint a counting committee of three board membersDirectors to count the votes cast by mail ballot. The counting committee will submit its count to the Cal Cities Board, which shall canvass the vote and announce the results.
(d) Functional Departments, Regional Divisions, and Caucuses.
Departments, divisions, and caucuses may also use mail balloting under procedures specified in their respective bylaws.
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Article XV: Prohibited Transactions
…
Section 4: Ethical Considerations.
These restrictions, of course, represent the floor, not the ceiling, for ethical conduct as a Cal Cities board memberDirector or policy committee member. If a board memberDirector or policy committee member believes that there are circumstances under which Cal Cities’ members might reasonably question the board member’sDirector’s or policy committee member’s ability to act solely in the best interests of Cal Cities and its member cities, the prudent course is to abstain. As an example, typically Cal Cities board membersDirectors have abstained from participating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a board member’sDirector’s city.
Policy committee members should also consider abstaining in similar circumstances.
10 The Administrative Services Committee recommends Cal Cities also include notice of the upcoming ballot in a variety of Cal Cities communications to alert Member Cities to make inquiry in the event a city’s ballot is lost in the mail.
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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: 6 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 22-6387-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: July 18, 2022
SUBJECT:
“Minimum Wage” Amendments – Ordinance Adoption
RECOMMENDATION:
Adopt an Ordinance to amend Municipal Code Chapter 5.92 “Minimum Wage” to add a Consumer Price Index percentage cap, a catch-up provision, and round the minimum wage to the nearest five cents.
BACKGROUND:
On July 18, 2022, the City Council introduced the attached ordinance to amend San Mateo Municipal Code Chapter 5.92 “Minimum Wage” to add a Consumer Price Index percentage cap, a catch-up provision, and round the minimum wage to the nearest five cents. Clean and redline versions of the proposed ordinance are attached.
BUDGET IMPACT:
The proposed amendments to the minimum wage ordinance will not have any budget impact as the City hires above the minimum wage.
ENVIRONMENTAL DETERMINATION:
This ordinance introduction 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 - Proposed Ordinance
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
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CITY OF SAN MATEO
DRAFT ORDINANCE
Amend Section 5.92.020 of the Municipal Code to Add a Consumer Price Index Percentage Cap, a Catch-up Provision, and to Round the Minimum Wage to the Nearest Five Cents.
WHEREAS, Staff presented an informational update on the City’s local minimum wage to the City Council;
WHEREAS, Staff received direction from the City Council to amend the City’s ordinance to align with local jurisdictions’ ordinances;
WHEREAS, the policy direction was to include a Consumer Price Index (CPI) cap to steadily increase the minimum wage without negatively impacting small businesses from large increases in any given year. In addition to the CPI cap, the City Council directed staff to create a catch-up provision and to round the wage to the nearest five cents.
Now, therefore, the Council of the City of San Mateo ordains as follows:
Section 1. Section 5.92.020 of the San Mateo Municipal Code is amended as follows:
5.92.020 Minimum Wage.
(a) Employers shall pay employees no less than the minimum wage for each hour worked within the geographic boundaries of the City.
(1) For employers which are not non-profit corporations, the minimum wage paid shall be as follows:
(2) Beginning January 1, 2017, the minimum wage shall be an hourly rate of $12.00. (3) Beginning January 1, 2018, the minimum wage shall be an hourly rate of $13.50. (b) Beginning January 1, 2019, the minimum wage shall be an hourly rate of $15.00. (1) For employers which are non-profit corporations, the minimum wage rate shall be as follows:
(2) Beginning January 1, 2017, the minimum wage shall be an hourly rate of $10.50. (3) Beginning January 1, 2018, the minimum wage shall be an hourly rate of $12.00. (4) Beginning January 1, 2019, the minimum wage shall be an hourly rate of $13.50. (c) Beginning January 1, 2020, the minimum wage shall be equal to that of the employers which are not non-profit corporations, and shall be subject to the Consumer Price Index increase as described in subsection (d), with the amount of the Minimum Wage increase rounded to the nearest five cents ($.05).
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(d) Beginning on January 1, 2020, and each January thereafter, the minimum wage shall increase by an amount equal to the prior year's increase, if any, in the Consumer Price Index (CPI) for San Francisco-Oakland- San Jose as determined by the United States Department of Labor. The change shall be calculated by using the August to August change in the CPI to calculate the annual increase, up to 3.5%, as described in subsection (e). A decrease in the CPI shall not result in a decrease in the minimum wage. (e) Cost of living increases to the Minimum Wage based on the CPI shall not exceed 3.5% annually.
When the actual CPI exceeds the 3.5% cap, the percentage amount in excess of the cap shall be applied to the following year’s CPI increase, up to the 3.5% cap. Excess amounts shall be carried over from year to year until the actual CPI and the cap-adjusted CPI are equivalent. (f) An employee who is a learner, as defined by California Industrial Welfare Commission Order No. 4- 2001, shall be paid no less than 85% of the applicable minimum wage for the first 160 hours of employment.
Thereafter, the employee shall be paid the applicable minimum wage rate. (g) An employer may not deduct an amount from wages due an employee on account of any tip or gratuity, or credit the amount or any part thereof, of a tip or gratuity, against, or as a part of, the wages due the employee from the employer.
(h) Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, this ordinance introduction 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).).
(i) 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.
(j) 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.
(k) 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.
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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: 7 Section Name: CONSENT CALENDAR Account Number: 10-1711 File ID: 22-6535 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: August 15, 2022
SUBJECT:
National Opioid Litigation and Settlement Agreements – Direct Settlement Funds to San Mateo County RECOMMENDATION:
Authorize the City Manager and City Attorney to take all necessary steps and execute appropriate documents to direct settlement funds from the Opioid Settlement Agreements with Distributors and Janssen to San Mateo County for the duration of both agreements, in the approximate amount of $820,000, and confirm staff action to direct the first-year payment of Distributor settlement funds in the amount of $28,464.21 to the County.
BACKGROUND:
On December 6, 2021, the City Council authorized the City Attorney to participate in nationwide opioid settlement agreements with three opioid distributors – Cardinal Health, McKesson, and AmerisourceBergen (hereinafter, the “Distributors”) and the opioid manufacturer Janssen Pharmaceuticals, Inc., which is owned by Johnson and Johnson (collectively, “J&J”). The Council further authorized the signing of implementing State Subdivision Agreements. As stated in that report, staff is now returning to the Council for a decision on directing settlement funds to the County.
The estimated payment is $28,464.21 under the first year of the Distributor settlement agreement. While the estimated payment under the first year of the J&J agreement is currently unknown, our understanding is that the City could receive approximately $820,000 in total under both settlement agreements. Funds under the settlement agreement with the Distributors would be distributed to states and local governments over an 18-year period. The agreement with J&J would cover a nine-year period.
On July 21, 2022, the settlement administrator (BrownGreer, LLC) informed the City that it had until August 5, 2022 to decide whether to opt for direct payment or reallocate all or a portion of its payment to San Mateo County. Staff was also told that any changes in election would need to be made at least 60 days prior to a payment date, which is not presently known.
After consultation with the County, and given the dollar amount at issue, City staff elected to direct the first-year payment of Distributor settlement funds in the amount of $28,464.21 to the County. Funds going directly to participating states and subdivisions must be used for pre-approved purposes designed to help abate the opioid epidemic. These include a wide range of intervention, treatment, education, and recovery services. If the City receives a direct payment it is obligated to report on the use of the funds, which must be used primarily for opioid abatement. Given that existing County infrastructure could be employed to appropriately use these funds, it appeared to staff that it would be more cost- effective for the County to administer these funds.
Preliminarily, the County has informed staff that it intends to use opioid settlement funds for several purposes. These include adding onsite medical monitoring to a residential detoxification facility planned for re-opening, and developing a
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comprehensive community education and early intervention response. The County is also proposing to expand medication-assisted treatment staffing and services for individuals with opioid and other chronic substance use in areas such as jails, homeless shelters, and on the street.
BUDGET IMPACT:
There is no budget impact for taking this action as it involves a decision whether to receive direct payments or authorize payment of the settlement funds to San Mateo County.
ENVIRONMENTAL DETERMINATION:
This proposed 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
None
STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020
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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: 8 Section Name: CONSENT CALENDAR Account Number: 10-4666 File ID: 22-6500 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: August 15, 2022
SUBJECT:
San Mateo County Mobile Health Clinic – License Agreement RECOMMENDATION:
Approve a License Agreement with County of San Mateo to allow a Mobile Health Clinic to operate in the City’s public right-of-way and authorize the City Manager to execute the agreement in substantially the form presented.
BACKGROUND:
The San Mateo County Health Department operates a Mobile Health Clinic (Clinic) to offer health care services to homeless and uninsured persons. The mobile clinic previously operated at the City’s 5th Avenue and Claremont Street parking lot, formerly known as the Worker’s Resource Center parking lot. This parking lot recently closed for construction of the future Kiku Crossing Public Garage.
San Mateo County Health staff contacted the Public Works Department in December 2021 to request assistance in finding an alternate location to park and operate the Clinic. Staff identified four on-street parking spaces on Claremont Street between 2nd and 3rd Avenues that meet City and Clinic needs, including site visibility, accessibility for pedestrians and vehicles, and proximity to the Clinic’s patients. The identified site is located adjacent to 435 East 3rd Avenue, which is planned for redevelopment in the coming years. As a result, the term of the agreement is two years, allowing staff to find a new location for the clinic prior to the development project moving forward to construction, if approved.
If the City Council approves the License Agreement, it would allow the Clinic to utilize the identified on-street spaces on Tuesdays and Thursdays from 8:30 AM to 3:00 PM, with the clinic opening at 9:30 AM. “No Parking” signs will be posted on nearby street poles to discourage public parking at the identified spaces during clinic hours. Based on the foregoing, staff recommends approval of the License Agreement to allow the San Mateo County’s Mobile Health Clinic to continue providing necessary medical services to the community.
BUDGET IMPACT:
There is no budget impact associated with this agreement.
ENVIRONMENTAL DETERMINATION:
This License Agreement is not a project subject to CEQA, because (1) it can be seen with certainty that there is no possibility that the operation of a mobile health clinic may have a significant effect on the environment, and (2) it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Sections 15061(b)(3), 15378(b)(5).)
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NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – License Agreement
STAFF CONTACT
Nicolette Chan, Assistant Transportation Planner
[email protected]
(650) 522-7326
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288
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LICENSE AGREEMENT
This LICENSE AGREEMENT (“Agreement”) is made as of _______________, ("Effective Date") by and between the City of San Mateo, a municipal corporation existing under the laws of the State of California (“Licensor”) and the County of San Mateo (“Licensee”), and collectively the “Parties.”
RECITALS
A. Whereas, Licensor is the owner of certain parcel(s) of real property situated in the City of San Mateo, California, shown on Exhibit A, attached hereto and incorporated herein by reference (the “Property”).
B. Whereas, Licensee seeks to use a portion of the Property (hereafter “Licensed Space,” depicted on Exhibit A) for a Mobile Health Clinic operated by Licensee’s County Health Department.
C. Whereas, as consideration and in lieu of a license fee, Licensor has determined the use of the Licensed Space for the operation of the Mobile Health Clinic benefits its citizens by offering convenient and confidential medical care.
D. Whereas, Licensor desires to grant to Licensee a license for access to and use of Licensed Space based on the above and subject to the terms and conditions of this License Agreement (hereinafter “License” or “Agreement.”)
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
1. Grant of License.
Licensor hereby grants to Licensee and its employees, representatives, and contractors, a personal, revocable license (“License”) to enter upon the Property to use the Licensed Space to operate a Mobile Health Clinic. Licensee, along with its employees, consultants, subcontractors, volunteers and/or other persons under its control retained in connection with the operation of the Mobile Health Clinic, shall be permitted to use this License unless otherwise prohibited by Licensor. This Agreement grants Licensee a license only and notwithstanding anything to the contrary herein, this License does not constitute a grant by City of any ownership, leasehold, easement, or other property interest or estate whatsoever in the Property, or any portion thereof. Nothing in this Agreement shall be construed as granting or creating any franchise rights pursuant to any federal, state, or local laws.
DocuSign Envelope ID: D1703C49-0278-4577-AFC8-DE3BC100D888
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2. Conditions of License
a) Licensee shall not store any hazardous materials on the Licensed Space, shall dispose of all medical materials off-site, and shall be responsible for repairing any damages to the Licensed Space caused by its activities under this Agreement.
b) To minimize public disruptions, the use of the Licensed Space by Licensee is restricted and allowed only on weekdays between 7:30 a.m. and 4:00 p.m. Use of the Licensed Space by Licensee is not allowed after 4:00 p.m., on weekends, or on City Holidays without written approval from the City of San Mateo Department of Public Works.
c) Licensee shall ensure its activities do not interfere with the safe flow of pedestrian and vehiular traffic as determined by the City. If the City determines Licensee’s operations presents a traffic safety concern, Licensee shall alter its operations upon request by the City.
d) Licensee shall ensure all public walkways, sidewalks, or other paths of travel at or near the Licensed Space are ADA compliant by ensuring its activities continue to allow for a minimum 36-inch width on any public path of travel.
e) Licensee shall document (via photos, videos, etc.) existing condition of site prior to utilizing the Licensed Space. Licensee shall transmit these records to Licensor within a week of the execution of this Agreement.
f) Licensee shall maintain access to Licensed Space for Licensor at all times.
3. Nonexclusivity of License.
This License is nonexclusive and nonpossessory. Licensee must allow access to the Licensed Space by Licensor and other parties who may be granted access by Licensor.
4. Assumption of the Risk/Waiver of Claims.
Licensee accepts the Licenses Space in its existing condition, and without limiting such agreement, Licensee on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges Licensor from any and all claims, whether direct or indirect, known or unknown, foreseen and unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the Licensed Space and any related improvements or any law or regulation applicable thereto or the suitability of the Licensed Space for Licensee’s intended use.
DocuSign Envelope ID: D1703C49-0278-4577-AFC8-DE3BC100D888
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5. Term and Termination.
The License shall commence upon the Effective Date and shall terminate two (2) years thereafter.
Licensee shall have the option for an additional three (3) year license term based on the same terms and conditions contained within this Agreement.
Licensor shall have the right to terminate this License for any reason upon 30 days’ written notice to Licensee for any reason.
Licensee acknowledges the Licensed Space may be unavailable to it and utilized for unrelated construction related activities in the future. In this event, Licensee agrees to vacate the space and work cooperatively with the City to find an alternative available location.
6. Compliance with Laws.
Licensee shall conduct all operations which are the subject of this Agreement in compliance with all applicable federal, state, and municipal statutes and ordinances and with all regulations, orders, and directives of any governmental agencies with jurisdiction over the Property and/or the Project.
7. Permits and Approvals.
Licensee shall be solely responsible for obtaining and satisfying any conditions under any and all governmental permits and approvals which may be necessary for it to operate or any other activities under this Agreement.
8. Liens and Claims.
Licensee will not permit any mechanics’, material suppliers’, or other similar liens, claims, or stop notices to stand against the Property for labor, material, or services furnished in connection with any activities by Licensee under this Agreement. If any mechanics’, material suppliers’, or other similar lien is filed against the Property, or any stop notice is served, for work or labor performed or claimed to have been performed, or goods, materials, or services furnished or claimed to have been furnished upon or with respect to the Property at any time during the use of the Property, then unless Licensee elects to contest such lien or stop notice in accordance with the provisions of this section, Licensee shall discharge or cause the discharge of such lien or stop notice within thirty (30) days thereafter whether by payment, release, or posting of a bond or other similar assurance in the amount of one hundred twenty-five percent (125%) of the face amount of any such lien or stop notice. If such lien or stop notice is discharged other than by recorded full release and satisfaction (e.g., by bond), the same must be reasonably satisfactory in form and substance to Licensor. Licensee, at its sole cost and expense, may contest by appropriate legal proceedings, promptly initiated and diligently conducted in good faith, the amount, validity or application in whole or in part of any lien if the effect of such contest or proceedings completely stays any enforcement of the lien or stop notice; provided that (a) Licensee shall indemnify Licensor and defend and hold Licensor harmless from and against all liability, costs, DocuSign Envelope ID: D1703C49-0278-4577-AFC8-DE3BC100D888
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claims, damages, interest penalties, and expense in connection with or arising out of such contest, and (b) Licensee shall prosecute such contest in good faith and with due diligence to a final determination.
9. Cooperation.
Licensee will coordinate its activities with Licensor to minimize any impairment to access or any required activities conducted by Licensor. Required activities by the Licensor shall include, but is not limited to, any special events or construction related activities sponsored by or approved by the Licensor or any public improvement activities undertaken by the Licensor or an agent on its behalf. In the event the Licensed Space is unavailable to the Licensee for its approved use, Licensor shall provide Licensee reasonable notice and use reasonable efforts to find a substitute temporary location for Licensee’s use.
10. Failure to Vacate.
If Licensee fails to vacate the Licensed Space in accordance with this Agreement, Licensor shall have any remedies available at law, including, without limitation, direct (actual) damages resulting from Licensee’s failure to vacate the Licensed Space as required hereunder.
11. Indemnity.
a. Licensee will indemnify, defend, and hold harmless Licensor from and against any claims, demands, actions, suits, judgments, losses, damages, civil penalties, or fines, costs, or expenses, including reasonable attorneys’ fees (collectively “Claims”), incurred as a result of personal injury or property damage caused by the acts or omissions or willful misconduct of Licensee or its authorized contractors, subcontractors, employees, agents, or invitees in conducting its activities under this Agreement. This indemnity is not applicable to the extent Claims result from the sole negligence of Licensor, its employees, agents, authorized contractors, successors, or assigns.
b. Neither Licensee nor its authorized contractors, subcontractors, employees, agents, or invitees shall have any obligation under this indemnity with respect to any Pre- Existing Environmental Condition. “Pre-Existing Environmental Condition” means the presence, emission, disposal, discharge, or release of any hazardous material at, in, on, under or about the Property, however caused, existing on the Effective Date, whether the nature and extent of such contamination is known or unknown at the time. However, Licensee shall indemnify Licensor against any claims, demands, actions, suits, judgments, losses, damages, civil penalties, or fines proximately caused in whole or in part by any activities by Licensee, its agents, or subcontractor(s) which exacerbates any Pre-Existing Environmental Condition including the release of any hazardous materials as a result of Licensee’s use of the Licensed Area. “Exacerbate” for purposes of this section means to make any Pre-Existing Environmental Condition worse by causing damages that would not have occurred but for Licensee’s use of the Licensed Area.
DocuSign Envelope ID: D1703C49-0278-4577-AFC8-DE3BC100D888
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12. Insurance.
Licensor shall procure and maintain for the duration of the contract the insurance specified in Exhibit B to this Agreement.
13. Approvals.
Each of the Parties hereby represents and warrants that its execution of this Agreement has been duly authorized by all necessary corporate or other action and constitutes a valid and binding obligation of said Party.
14. Notices.
Any payment or notice provided for herein or otherwise required to be given hereunder, except for the notice required to be given the Licensee shall be given by registered mail, certified United States mail, or first class U. S. mail, postage prepaid, addressed to the other party as follows:
If to Licensor: City of San Mateo
330 West 20th Street
San Mateo, CA 94403
Attention: Azalea Mitch, Public Works Director
If to Licensee: San Mateo County Office of Public Health 225 37
th Avenue, 3rd Floor
San Mateo, CA 94403
Attention: Marc Meulman, Director of Public
Health, Policy and Planning
Any notice mailed as provided herein shall be deemed received two (2) days after the date it is postmarked and mailed as provided in this Agreement. Either Party may change its address by providing written notice of same to the other as provided in this paragraph.
15. Assignment, Successors, and Assigns.
This Agreement may not be assigned by either Party without the prior written consent of the other, which shall not be unreasonably withheld, conditioned, or delayed. This Agreement shall be binding upon and inure to the benefit of each Party’s respective successors and permitted assigns.
16. Governing Law and Venue.
This Agreement shall be construed and interpreted and governed by and in accordance with the law of the State of California without reference to any choice of law rules or policies which may DocuSign Envelope ID: D1703C49-0278-4577-AFC8-DE3BC100D888
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refer the resolution of any dispute arising hereunder to the laws of any other jurisdiction. In the event of litigation, venue will be in the County of San Mateo, California.
17. Costs and Attorneys’ Fees.
The prevailing party in any dispute under this Agreement shall be paid all of its costs and expenses including, without limitation, reasonable attorneys’ fees incurred in connection with enforcement of either Party's performance of all of its obligations under this Agreement.
18. Mediation.
Should any dispute arise out of this Agreement, either 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 Arbitrations 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 sixty (60) days, unless the maximum time is extended by the Parties.
19. Counterparts.
This Agreement may be executed by facsimile or other electronic means (including portable document format (“PDF”)) in any number of counterparts, each of which is an original, but all of which shall constitute one instrument.
20. Entire Agreement.
This Agreement represents the full, complete and entire agreement of the Parties with respect to the subject matter hereof and supersedes any prior written or oral agreements on the same subject.
This Agreement shall not be amended or modified in any way except in writing, executed by the duly authorized representative of the Parties. The rights and remedies of the parties shall be solely and exclusively those herein contained and in lieu of any remedies otherwise available at law or in equity.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this License Agreement is executed by the undersigned parties. The parties hereto further certify that the persons signing this License Agreement is duly authorized to do so.
LICENSEE:
By: _______________________ (Signature) Dated: _______________________
Marc Meulman
Director of Public Health, Policy and Planning
LICENSOR:
By: _______________________ (Signature) Dated: _______________________
Drew Corbett, City Manager
City of San Mateo
Approved as to form:
__________________________________ Dated: _______________________ Linh P. Nguyen, Assistant City Attorney
City of San Mateo
DocuSign Envelope ID: D1703C49-0278-4577-AFC8-DE3BC100D888 6/29/2022 | 10:45 AM PDT
7/21/2022 | 1:59 PM PDT
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EXHIBIT A
Parking Spaces: Four on-street spaces on the west side of South Claremont Street between 2nd and 3rd Avenues with meter space numbers 3602, 3604, 3606, 3608.
Licensed Area:
Licensed Area
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EXHIBIT B
INSURANCE REQUIREMENTS
A. General Liability, Automobile, Worker’s Compensation, and Professional Liability
Licensee shall procure, prior to commencement of service, and keep in force for the term of this contract, at Licensee’s own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and with AM Best ratings of at least A-VII or better. The insurance shall, at a minimum, include:
1. Commercial General Liability insurance. Shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, bodily injury, broad form property damage, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
(a) Coverage afforded on behalf of the Licensor shall be primary insurance and any other insurance available to the Licensor under any other policies shall be excess insurance (over the insurance required by this Agreement).
(b) Limits of liability: Licensee shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence.
(a) If the policy is a “claim made” type policy, the following should be included as endorsements:
(i) The retroactive date shall be the effective date of this Agreement or a prior date.
(ii) The extended reporting or discovery period shall not be less than thirty-six (36) months.
2. Automobile Liability Insurance. Licensee shall maintain automobile liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos). Coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be
endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. In the event the Licensee does not own vehicles, but utilized non- owned and hired vehicles, evidence of such coverage is acceptable with a signed statement from Licensee stating that only non-owned and hired vehicles are used in the course of the contract.
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3. Worker’s Compensation insurance as required by the laws of the State of California. Statutory coverage may include Employers Liability coverage with limits not less than $1,000,000. Licensee certifies that he/she is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers’ Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code. Licensee shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that Code.
B. Terms Conditions and Endorsements
The aforementioned insurance shall have all the following conditions:
1. Insured Status (Additional Insured): Licensee shall provide insured status using ISO endorsement CG 20 I O or its equivalent naming the Licensor City of San Mateo, its Councilmembers, directors, officers, agents, and employees as insureds in its Comprehensive Commercial General Liability policy. If Licensee submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on a CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL
INSURED STATUS ON THE ACORD INSURANCE CERTIFICATE FORM
IS INSUFFICIENT AND WILL BE REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and
2. Cancellation Notice: 30 -day prior written notice of termination in coverage and 10-day prior written notice of cancellation for non-payment;
3. Cross-liability coverage as provided under standard ISO forms’ separation of insureds clause; and
4. Certificate holder is to be the same person and address as indicated in the “Notices” section of this Agreement; and
5. Insurer shall carry an insurance from an admitted company with a Best Rating of A
-minus VII or better.
C. Replacement of Coverage
In the case of the breach of any of the insurance provisions of this Agreement, Licensor may, at the Licensor’s option, take out and maintain at the expense of Licensee, such insurance in the name of Licensee as is required pursuant to this Agreement, and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Licensee under this Agreement.
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D. Insurance Interpretation
All endorsements, certificates, forms, coverage, and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement.
E. Proof of Insurance
Licensee will be required to provide proof of all insurance required for the work prior to execution of the contract. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute ground for rescission of the contract award.
F. Subcontractors / Assignment
Should Licensee subcontract or otherwise assign/delegate the operation of the Mobile Health Clinic required under this agreement to any other party, it shall include all subcontractors/assignees/delegees as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor/assignee/delegee. As an alternative, License may require all subcontractors/assignees/delegees to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both Licensor and Licensee shall be named as additional insured under the subcontractor's/assignee’s/delegee’s General Liability policy. All coverages for subcontractors/assignees/delegees shall be subject to all the requirements stated herein.
Licensor reserves the right to perform an insurance audit during the term of this Agreement to verify compliance with requirements.
G. Deductibles and Self-Insured Retentions
Any deductible or self-insured retentions must be declared to and approved by Licensor.
At the option of Licensor, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects Licensor, its elected and appointed officials, employees, and agents, or the Licensee shall provide a financial guarantee satisfactory to Licensor guaranteeing payment of losses and related investigations, claim administration and defense expenses.
H. Waiver of Subrogation
Licensee waives all rights against Licensor and its elected and appointed officials, employees, and agents, for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above.
I. Evaluation of Adequacy of Coverage
Licensor maintains the right to modify, delete, alter, or change these requirements, with reasonable notice, upon not less than ninety (90) calendar days prior written notice.
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Certificate Of Completion
Envelope Id: D1703C4902784577AFC8DE3BC100D888
Status: Delivered
Subject: City of San Mateo License Agreement with County of San Mateo Mobile Clinic FY2124 Source Envelope:
Document Pages: 11
Signatures: 2
Envelope Originator:
Certificate Pages: 5
Initials: 0
Marissa Wagner
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
400 County Ctr
Redwood City, CA 94063-1662
[email protected]
IP Address: 38.127.225.96
Record Tracking
Status: Original
6/29/2022 7:36:45 AM
Holder: Marissa Wagner
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Marc Meulman
[email protected]
Director of Public Health Policy & Pl
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.129.198.238
Sent: 6/29/2022 7:40:16 AM
Viewed: 6/29/2022 10:44:59 AM
Signed: 6/29/2022 10:45:10 AM
Electronic Record and Signature Disclosure:
Accepted: 6/29/2022 10:44:59 AM
ID: 7070f27d-dfb8-43fa-a49f-00c322701bb7
Drew Corbett
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.14.0.98
Sent: 6/29/2022 10:45:11 AM
Resent: 7/21/2022 1:27:17 PM
Viewed: 7/21/2022 1:59:09 PM
Signed: 7/21/2022 1:59:14 PM
Electronic Record and Signature Disclosure:
Accepted: 7/21/2022 1:59:09 PM
ID: aa0b0e45-031e-496a-ac5e-269926656433
Linh Nguyen
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 7/21/2022 1:59:16 PM
Viewed: 7/21/2022 2:14:18 PM
Electronic Record and Signature Disclosure:
Accepted: 7/21/2022 2:14:18 PM
ID: 984abb4f-fbb8-4273-a4ca-b1fe3788d90a
In Person Signer Events
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
Electronic Record and Signature Disclosure created on: 8/31/2015 5:58:12 PM Parties agreed to: Marc Meulman, Drew Corbett, Linh Nguyen
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CITY OF SAN MATEO
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9 5
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 Account Number: 14-1311 File ID: 22-6503 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Department
MEETING DATE: August 15, 2022
SUBJECT:
360 1st Avenue – Lease Amendment
RECOMMENDATION:
Approve an amendment to the lease for 360 1st Avenue in the Main Street Garage with A+ Mailboxes & More allowing for a one-year lease extension and an additional one-year option and authorize the City Manager to execute the lease in substantially the form presented.
BACKGROUND:
There are six commercial leases at the Main Street Garage that are owned and managed by the City. The commercial spaces were created to attract retail tenants that add amenities to the Downtown. A+ Mailboxes & More, run by Dylan Siddiq, is the City’s tenant in the Main Street Garage at the 360 1st Avenue space. They are a retail pack and ship store where customers can rent mailboxes to receive mail and packages. The store also provides auxiliary services such as copy, fax, print, notary, passport photo, video transfer, and fingerprint background checks.
A+ Mailboxes & More has been a tenant at the location since November 2012. Previously, the City has approved several three-year lease extensions. Due to the uncertainty of the on-going COVID pandemic, the owner has a requested a one- year lease extension with an option to renew for an additional year. As small businesses continue to recover from the economic impact of the COVID pandemic, the real estate market for retail spaces have remained flat. Consequently, the City’s commercial property manager recommends the lease rate remain at $1,201.04 monthly for the next 12 months with a 3% increase for the option year. There is an additional monthly fee of $70.00 for maintenance of common areas. The tenant will cover all utilities, taxes, and permits.
Landlord Concession
Heavy rains between October 2021 and February 2022 caused severe flooding inside the store and necessitated immediate emergency mold remediation and removal. The leaks in the Main Street Garage from the rainstorms resulted in business interruptions, equipment damages, and reduced operating hours. Due to difficulties in determining the source of the water leaks at the Main Street Garage, the walls inside the store have not been fully repaired as of the writing of this report. Consequently, the City’s commercial property manager recommends a landlord concession of 50% of the base rent for the initial six months, or approximately $3,600 dollars, distributed evenly across the period.
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CITY OF SAN MATEO
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BUDGET IMPACT:
Rent revenues for the first year will be approximately $11,650 over the next twelve months. Commercial property revenue funds the City’s expenses for operations, maintenance and improvement to the Downtown parking facilities and are used for street cleaning services. This revenue is credited to the Downtown Parking and Maintenance Program in the General Fund.
ENVIRONMENTAL DETERMINATION:
This agreement is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Lease Amendment
STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009
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INITIALS
© 2017 AIR CRE. All Rights Reserved.
ATL-1.02, Revised 10-22-2020
INITIALS
Last Edited: 6/21/2022 5:58 PM
6 9
6 0
1st AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE is made and entered into as of September 1, 2022 , by and between CITY OF SAN MATEO ("Lessor") and DYLAN SIDDIQUI, dba A + Mailboxes & More, a sole proprietorship ("Lessee").
WHEREAS, on or about September 1, 2021 a Lease was entered into by and between Lessor and Lessee relating to certain real property commonly known as (street address, city, state, zip): 360 First Avenue, San Mateo, CA 94401 (the "Premises"), and WHEREAS, Lessor and Lessee have have not previously amended said Lease, and WHEREAS, the Lessor and Lessee now desire to amend said Lease, NOW, THEREFORE, for payment of TEN DOLLARS and other good and valuable consideration to Lessor, the receipt and sufficiency of which is hereby acknowledged, the parties mutually agree to make the following additions and modifications to the Lease:
TERM: The Expiration Date is hereby advanced extended to August 31, 2023 .
AGREED USE: The Agreed Use is hereby modified to: .
BASE RENT ADJUSTMENT: Monthly Base Rent shall be as follows: Six Hundred and 57/100 (600.57) dollars per month from and after September 1, 2022 through February 28, 2023, and the sum of One Thousand, Two Hundred and one and 04/100 ($1,201.04) per month from and after March 1, 2023 through August 31, 2023. This represents a fifty (50%) percent per month Base Rent waiver for the initial six (6) months of this extended term by Lessor .
OTHER: .
This Amendment shall not be construed against the party preparing it, but shall be construed as if all parties jointly prepared this Amendment and any uncertainty and ambiguity shall not be interpreted against any one party. Signatures to this Amendment accomplished by means of electronic signature or similar technology shall be legal and binding.
All other terms and conditions of this Lease shall remain unchanged and shall continue in full force and effect except as specifically amended herein.
EXECUTED as of the day and year first above written.
By Lessor:
CITY OF SAN MATEO
By:
Drew Corbett
City Manager
[email protected]
Approved to Form
By:
Mazarin Vakharia
Assistant City Attorney
[email protected]
By Lessee:
DYLAN SIDDIQUI, dba A + Mailboxes & More, a sole proprietorship By:
Dylan Siddiqui
[email protected]
AIR CRE * https:// www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in writing.
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INITIALS
© 2017 AIR CRE. All Rights Reserved.
OE-7.00, Revised 11-05-2021
INITIALS
Last Edited: 6/21/2022 5:58 PM
OPTION(S) TO EXTEND TERM
STANDARD LEASE ADDENDUM
Dated:September 1, 2022
By and Between
Lessor:CITY OF SAN MATEO
Lessee:DYLAN SIDDIQUI, dba A + Mailboxes & More, a sole proprietorship Property Address:360 First Avenue, San Mateo, CA 94401
(street address, city, state, zip)
Paragraph: 57OPTION(S) TO EXTEND TERM. Subject to the terms, conditions and provisions of Paragraph 39, Lessor grants Lessee one (1) option(s) to extend the term of the Lease ("Extension Option(s)"), with each Extension Option being for a term of twelve (12) months, commencing when the prior term expires ("Option Term(s)"). In order to exercise an Extension Option, Lessee must give written notice of such election to Lessor and Lessor must receive such notice at least three (3) but not more than six (6) months prior to the date that the applicable Option Term would commence, time being of the essence. If timely and proper notification of the exercise of an Extension Option is not given by Lessee and/or received by Lessor, such Extension Option shall automatically expire. Except as specifically modified, the terms, conditions and provisions of the Lease shall apply during Option Terms but the amount of Rent during Option Terms shall be established by using the method(s) selected below (check method(s) to be used and fill in appropriately):
I. Consumer Price Index.
(a) During the Option Term(s) which start(s) on , the monthly Base Rent shall be increased on and every months thereafter during such Option Term(s) ("Option Term CPI Increase Date(s)") commensurate with the increase in the Option Term CPI (as herein defined) determined as follows: the monthly Base Rent scheduled for the month immediately preceding the first occurring Option Term CPI Increase Date shall be multiplied by a fraction the denominator of which is the Option Term Base CPI (as herein defined), and the numerator of which is the Option Term Comparison CPI (as herein defined). The amount so calculated shall constitute the new Base Rent until the next Option Term CPI Increase Date during the applicable Option Term, but in no event shall any such new Base Rent be less than the Base Rent for the month immediately preceding the applicable Option Term CPI Increase Date. (b) The term "Option Term CPI" shall mean the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor for (select one):
CPI W (Urban Wage Earners and Clerical Workers) or CPI U (All Urban Consumers), for (fill in Urban Area): or the area in which the Premises is located, All Items (1982-1984 = 100). The term "Option Term Comparison CPI" shall mean the CPI of the calendar month which is 2 full months prior to the applicable Option Term CPI Increase Date. The term "Option Term Base CPI" shall mean the CPI of the calendar month which is 2 full months prior to (select one):
Commencement Date of the Original Term, start of the applicable Option Term, or (fill in month) . (c) If compilation and/or publication of the CPI is transferred to another governmental department, bureau or agency or is discontinued, then instead the index most nearly the same as the CPI shall be used to calculate the Base Rent increases hereunder. If the Parties cannot agree on such alternative index, then the matter shall be submitted for decision to the American Arbitration Association in accordance with the then rules of said association and the decision of the arbitrators shall be binding upon the parties, with the cost of such arbitration being paid equally by the Parties.
II. Fixed Percentage. During the Option Term(s) which start(s) on , the monthly Base Rent shall be increased on and every months thereafter during such Option Term(s) ("Option Term Percentage Increase Date(s)") by percent ( %) of the monthly Base Rent scheduled to be paid for the month immediately preceding the applicable Option Term Percentage Increase Date.
III. Fair Market Value.
(a) During the Option Term(s) which start(s) on , the amount of Rent shall be the amount forecasted to be the fair market rental value of the Premises during such Option Term established pursuant to the procedures, terms, assumptions and conditions set forth herein ("Fair Market Value"); provided, however, regardless of such Fair Market Value, Base Rent during an Option Term shall not be less than the Base Rent scheduled as of when the prior term expires.
Starting as of Lessee's exercise of the applicable Extension Option (but not earlier than six (6) months before start of the applicable Option Term), the Parties shall for thirty (30) days ("Negotiation Period") attempt to agree upon the Fair Market Value. If during the Negotiation Period the Parties do not agree on the Fair Market Value, then the Fair Market Value shall be established pursuant to the procedures set forth herein, which shall be binding. (b) Each Party shall, within fifteen (15) days after the end of the Negotiation Period, in writing submit to the other Party such Party's determination of the Fair Market Value ("Submitted Value(s)"). If a Party fails to timely provide a Submitted Value, then the other Party's Submitted Value shall be the Fair Market Value. If both Parties timely provide Submitted Values, then each Party shall, within fifteen (15) days after both Parties have exchanged Submitted Values, in writing notify the other Party of such Party's selected arbitrator who shall meet the qualifications set forth herein ("Advocate Arbitrator(s)"). Lessor and Lessee may select an Advocate Arbitrator who is favorable to such Party's position and may, prior to or after appointment of an Advocate Arbitrator, consult with such Party's Advocate Arbitrator. If a Party fails to timely and properly provide notice of such Party's chosen Advocate Arbitrator, then the other Party's Submitted Value shall be the Fair Market Value. (c) If both Parties timely and properly designate Advocate Arbitrators, then such Advocate Arbitrators shall, within fifteen (15) days after their selection, choose a third (3rd) neutral arbitrator who shall meet the qualifications set forth herein ("Neutral Arbitrator"). The Neutral Arbitrator shall be engaged jointly by Lessor and Lessee. If Advocate Arbitrators fail to agree upon and timely appoint a Neutral Arbitrator, then the President of AIR CRE shall appoint such Neutral Arbitrator within fifteen (15) days after request by either Party. If the President of AIR CRE does not timely appoint the Neutral Arbitrator, then either Party may file
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INITIALS
© 2017 AIR CRE. All Rights Reserved.
OE-7.00, Revised 11-05-2021
INITIALS
Last Edited: 6/21/2022 5:58 PM
an appropriate legal action for a judge with competent jurisdiction over the Parties to appoint the Neutral Arbitrator. (d) The Advocate Arbitrators and the Neutral Arbitrator ("Arbitrator(s)") shall be duly licensed real estate brokers or salespersons in good standing in the state in which the Premises is located, shall have been active over the five (5) year period before their appointment in the leasing of properties similar to the Premises within the general real estate market of the Premises. The Neutral Arbitrator shall additionally not be related to or affiliated with either Party or Advocate Arbitrator, and shall not have previously represented in a real estate transaction a Party or anyone related to or affiliated with a Party. All matters to be determined by the Arbitrators shall be decided by a majority vote of the Arbitrators, with each Arbitrator having one (1) vote. The Arbitrators may, as the Arbitrators determine, hold hearings and require briefs, including market data and additional information. (e) Within thirty (30) days after selection of the Neutral Arbitrator, the three Arbitrators shall first reach a decision as to their own independent opinion of the Fair Market Value established by taking into account the terms, assumptions and conditions set forth herein ("Arbitrators' Market Value"), then decide which Party's Submitted Value is closer in monetary amount to the Arbitrators' Market Value ("Selected Market Value"), then provide the Parties a copy of the Arbitrators' Market Value and finally notify the Parties of the Selected Market Value. The Selected Market Value shall be the Fair Market Value. The Arbitrators shall have no right to decide a Selected Market Value which is a compromise to (or modification of) the Submitted Values. The decision of the Arbitrators shall be binding upon the Parties.
The Party whose Submitted Value is not the Selected Market Value shall, within ten (10) days after the Arbitrators decide the Selected Market Value, pay the fees and costs of all three (3) Arbitrators.
(f) If the Fair Market Value has not been established before the start of the applicable Option Term, then Lessee shall continue to pay to Lessor rent in the amount payable for the month immediately preceding the start of such Option Term and Lessor's acceptance of such rent shall not waive, adversely affect or prejudice the Parties' right to complete establishment of the Fair Market Value or Lessor's right to collect the full amount of the Fair Market Value once the Fair Market Value is established. Lessee shall, within ten (10) days after establishment of the Fair Market Value, pay to Lessor any deficiency in rent then due for the Option Term.
Following establishment of Fair Market Value, the Parties shall, within ten (10) days after request by either Party, sign an amendment to this Lease to confirm the Fair Market Value and the expiration date of this Lease, but the Parties' failure to request or to sign such an amendment shall not affect establishment of the Fair Market Value or extension of the Lease term.
(g) The Arbitrators, in deciding the Arbitrators' Market Value, shall take into account rent rates, rent abatements, periodic rent increases, real property taxes, insurance premiums and other operating expenses, tenant improvement and other applicable allowances, building services, length of lease term and other factors professional real estate brokers and/or appraisers customarily consider in determining fair market rent of property in an arm's length transaction by ready, willing and able parties for space of comparable location, size, age, condition, quality, parking, visibility, view, signage and accessibility if the Premises were marketed in a normal and customary manner for a reasonable length of time on the open market to be leased to a tenant with financial strength and credit worthiness comparable to Lessee and guarantors (if any) of this Lease (as of Lessee's exercise of the Extension Option) for a term comparable to the length of the applicable Option Term and used for the Agreed Use (or other reasonably comparable uses). The Arbitrators, in deciding the Arbitrators' Market Value, shall not consider as a comparable transaction any of the following: a sublease, lease assignment, lease renewal or extension; lease with a tenant that has equity, is related to or affiliated with the landlord; or a lease of space that was subject to a right of first refusal, right of first offer, expansion option or other encumbrances. The Arbitrators, in deciding the Arbitrators' Market Value, shall reduce the Fair Market Value on account of Alterations and improvements made by Lessee to the extent the cost thereof was paid solely by Lessee (in excess of any applicable improvement allowance, abated rent in lieu of improvement allowance or other consideration provided by Lessor for Lessee's improvement of the Premises), shall not reduce the Fair Market Value on account of any real estate brokerage commission savings by Lessor, and shall not reduce the Fair Market Value on account of deferred maintenance or repair of the Premises for which Lessee was responsible under the Lease but did not perform.
IV. Fixed Rental Adjustment(s) ("FRA").
The monthly Base Rent shall be increased to the following amounts on the dates set forth below:
On (fill in FRA Adjustment Date(s)): The new Base Rent shall be:
September 1, 2023 $1,237.07 per month
V. Continuation of Original Term Adjustments.
The monthly Base Rent during the Option Term(s) which start(s) on shall be increased in accordance with the same formula provided in the Lease to be used to calculate increases in the Base Rent during the Original Term of the Lease.
BROKER'S FEE: For each adjustment in Base Rent specified above, the Brokers shall be paid a Brokerage Fee in accordance with paragraph 15 of the Lease or if applicable, paragraph 9 of the Sublease.
AIR CRE * https:// www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in writing.
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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 Account Number: 10-4651 File ID: 22-6497 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: August 15, 2022
SUBJECT:
Bulk Mailing and Printing – Agreements
RECOMMENDATION:
Approve bulk mailing and printing services agreements with: 1) CMG Language Services, LLC DBA ColorPrint; and 2) AMS Systems, Inc. DBA AMS Printing, each for an amount not to exceed $150,000 annually; with each agreement providing for two 1-year extension options for up to $150,000 each year, for a total not to exceed amount of $450,000 for each agreement; and authorize the Public Works Director to execute the agreements in substantially the form presented and to exercise the extension options for each agreement.
BACKGROUND:
Various departments throughout the City use mail house services for printing, postage, and distribution of messaging to the public. Messaging can include construction notification postcards, project updates, community meeting invitations, surveys, street-level signs, and any other large-scale announcements that surpass in-house staff’s capacity to produce.
Printed communications are a key method to disseminate messaging to the public and have been identified through prior community surveys as an effective way for residents to receive information from the City.
The City issued a Request for Proposals in July 2022 and received four responses. AMS Systems, Inc. dba AMS Printing (AMS) and CMG Language Services, LLC dba ColorPrint (Colorprint) provided complete responses, and offered competitive pricing and quick turnaround times. Both firms have experience as a vendor with the City, and most recently AMS was the vendor for the City’s General Plan mailer and ColorPrint was the vendor for the City’s mailer on district elections.
As turnaround times and pricing may vary, the City proposes entering into separate agreements with each vendor to provide greater access to services and price comparisons. Each agreement would include the option to renew for two additional 1-year extensions in an amount not to exceed $150,000 per extension.
BUDGET IMPACT:
The costs associated with these contracts are included in the adopted fiscal year 2022-23 budget. All future services under the agreements will be included in future departmental budget appropriations covering the term of the agreements.
ENVIRONMENTAL DETERMINATION:
These agreements for bulk mailing and printing services are not subject to CEQA review, because it can be seen with certainty that there is no possibility that approval of these agreements may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)
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CITY OF SAN MATEO
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NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Agreement with CMG Language Services, LLC Att 2 - Proposed Agreement with AMS Systems, Inc.
STAFF CONTACT
Samantha Weigel, Communications Manager
[email protected]
(650) 522-7005
Laura Mayate-DeAndreis, Business Manager
[email protected]
(650) 522-7325
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Contract for Services with CMG Language Services DBA Colorprint Page 1 of 9
AGREEMENT WITH CMG LANGUAGE SERVICES, LLC DBA COLORPRINT
FOR BULK MAILING AND PRINTING SERVICES
FOR
THE CITY OF SAN MATEO
This Agreement, made and entered into this day of ________, 2022 by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and CMG Language Services, LLC DBA ColorPrint, a Limited Liability Company ("CONTRACTOR"), whose address is 1570 Gilbreth Road, Burlingame, CA 94010.
RECITALS:
A. CITY desires certain bulk mailing and bulk mailing and printing services hereinafter described.
B. CITY desires to engage CONTRACTOR to provide these bulk mailing and printing services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.
CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR's work.
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Contract for Services with CMG Language Services DBA Colorprint Page 2 of 9 SECTION 4 - TERM
The term of this Agreement shall be valid for a duration of one (1) year beginning July 1, 2022 and conclude on June 30, 2023, with up to two (2) optional one-year extensions by the CITY (for a maximum of three (3) years).
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR in a not to exceed amount of $150,000, pursuant to rates stated in Exhibit A, for services provided during the term of this Agreement. Each option to extend will be in an amount not to exceed $150,000 per year for a total not to exceed amount of $450,000 for three years.
SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CON TRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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Contract for Services with CMG Language Services DBA Colorprint Page 3 of 9 SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.
SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit B to this Agreement.
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
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Contract for Services with CMG Language Services DBA Colorprint Page 4 of 9 SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR 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.
SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.
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Contract for Services with CMG Language Services DBA Colorprint Page 5 of 9 SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Laura Mayate-DeAndreis
Business Manager
Public Works Department
City of San Mateo
330 W. 20th Avenue
San Mateo, CA
94403
To CONTRACTOR: CMG Language Services, LLC
DBA ColorPrint
Attn: MARK JAFFE
1570 Gilbreth Road
Burlingame, CA
94010
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.
SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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Contract for Services with CMG Language Services DBA Colorprint Page 6 of 9 IN WITNESS WHEREOF, CITY OF SAN MATEO and CMG Language Services, LLC DBA ColorPrint have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
CONTRACTOR
Azalea Mitch
Public Works Director
APPROVED AS TO FORM
Mark Jaffe, President
Its Authorized Agent
CMG Language Services, LLC
DBA ColorPrint
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.
Linh Nguyen
Assistant City Attorney
Attachments:
Exhibit A: Scope of Services
Exhibit B: Insurance Requirements
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Contract for Services with CMG Language Services DBA Colorprint Page 7 of 9
EXHIBIT A
SCOPE OF SERVICES
ColorPrint will provide as-needed bulk printing and mailing services for multiple City of San Mateo departments, for a total contract amount not to exceed $150,000 each year of this Agreement.
The CITY agrees to pay CONTRACTOR not to exceed $150,000 for one year that services will be provided during the term of this Agreement. Each option to extend will be $150,000 per year for a total not to exceed $450,000 for three years.
Format and quality of mailers will vary and will be billed to respective project accounts. Rates and processing times will be consistent with the quote provided for hypothetical jobs:
Hypothetical Jobs Mailer A Mailer B Mailer C Mailer D Mailer E FormatHalf-fold brochure 8.5x11, dbl-sided dbl-sided, 1 pg 8.5x11 Envelope & 4 pgs of 8.5x11 Postcard 8.5 x 5.5 Postcard 6x9 Paper Light card stock Card stock Standard paper (20#) Card stock Card stock Colors Color, two sided Color, two sided Black, two sided Color, two sided Color, two sided Quantity 50,000 2,000 10,000 5,000 10,000
OtherHalf fold - 11x17 folded to 8.5x11, mailed Mailed Folded, stapled, sealed, mailed in evenlope Mailed Mailed
Pricing Mailer A Mailer B Mailer C Mailer D Mailer E
Set-up $ $ $ $ $
Address check/merge/purge $ $ $ $ $
Paper $ $ $ $ $
Ink/colors $ $ $ $ $
Cutting, purchase of envelopes $ $ $ $ $
Misc 1: Fold/insert into envelopes $ $ $ $ $
Misc 2: $ $ $ $ $
Misc 3: $ $ $ $ $
Misc 4: Sort and Tie $ $ $ $ $
Misc 5: Deliver to Post Office $ $ $ $ $
Total Price for job $17,478.86 $1,019.81 $9,035.26 $1,246.57 $2,038.06 Quantity 50,000 2,000 10,000 5,000 10,000
Price per piece 0.35$ 0.51$ 0.90$ 0.25$ $0.20 Processing Time (Print & Mail) 4-5 Days 2-3 Days 8 Days 3-4 Days 4 Days
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Contract for Services with CMG Language Services DBA Colorprint Page 8 of 9
EXHIBIT B
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products -completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement th at may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of
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Contract for Services with CMG Language Services DBA Colorprint Page 9 of 9 ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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Contract for Services with AMS Systems, Inc. Page 1 of 9
AGREEMENT WITH AMS SYSTEMS, INC. DBA AMS PRINTING
FOR BULK MAILING AND PRINTING SERVICES
FOR
THE CITY OF SAN MATEO
This Agreement, made and entered into this day of ________, 2022 by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and AMS Systems, Inc. DBA AMS Printing, a California Corporation ("CONTRACTOR"), whose address is 335d Convention Way, Redwood City, CA 94063.
RECITALS:
A. CITY desires certain bulk mailing and printing services hereinafter described.
B. CITY desires to engage CONTRACTOR to provide these bulk mailing and printing services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.
CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR's work.
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Contract for Services with AMS Systems, Inc. Page 2 of 9
SECTION 4 - TERM
The term of this Agreement shall be valid for a duration of one (1) year beginning July 1, 2022 and conclude on June 30, 2023, with up to two (2) optional one-year extensions by the CITY (for a maximum of three (3) years).
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR in a not to exceed amount of $150,000, pursuant to rates stated in Exhibit A, for services provided during the term of this Agreement. Each option to extend will be in an amount not to exceed $150,000 per year for a total not to exceed amount of $450,000 for three years.
SECTION 6 – TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CON TRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.
SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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Contract for Services with AMS Systems, Inc. Page 3 of 9
SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.
SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit B to this Agreement.
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.
SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
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SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR 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.
SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.
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SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Laura Mayate-DeAndreis
Business Manager
Public Works Department
City of San Mateo
330 W. 20th Avenue
San Mateo, CA
94403
To CONTRACTOR: AMS Systems, Inc.
Attn: Ron Shmargad
335d Convention Way
Redwood City, CA
94064
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.
SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and AMS Systems, Inc. DBA AMS Printing have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
CONTRACTOR
Azalea Mitch
Public Works Director
APPROVED AS TO FORM
Ron Shmargad, President
Its Authorized Agent
AMS Systems, Inc.
Linh Nguyen
Assistant City Attorney
Attachments:
Exhibit A: Scope of Services
Exhibit B: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
AMS Printing will provide as-needed bulk printing and mailing services for multiple City of San Mateo departments.
The CITY agrees to pay CONTRACTOR not to exceed $150,000 for one year that services will be provided during the term of this Agreement. Each option to extend will be $150,000 per year for a total not to exceed $450,000 for three years.
Format and quality of mailers will vary and will be billed to respective project accounts. Rates and processing times will be consistent with the quote provided for hypothetical jobs:
Hypothetical Jobs Mailer A Mailer B Mailer C Mailer D Mailer E FormatHalf-fold brochure 8.5x11, dbl-sided dbl-sided, 1 pg 8.5x11 Envelope & 4 pgs of 8.5x11 Postcard 8.5 x 5.5 Postcard 6x9 Paper Light card stock Card stock Standard paper (20#) Card stock Card stock Colors Color, two sided Color, two sided Black, two sided Color, two sided Color, two sided Quantity 50,000 2,000 10,000 5,000 10,000
OtherHalf fold - 11x17 folded to 8.5x11, mailed Mailed Folded, stapled, sealed, mailed in evenlope Mailed Mailed
Pricing Mailer A Mailer B Mailer C Mailer D Mailer E
Set-up 100 100 100 100 100
Address check/merge/purge 2200 200 500 200 300
Paper 1000 100 300 200 400
Ink/colors 7200 100 1300 300 400
Cutting, purchase of envelopes $ $ $ $ $
Misc 1: Fold/insert into envelopes $ $ $ $ $
Misc 2: $ $ $ $ $
Misc 3: $ $ $ $ $
Misc 4: Sort and Tie $ $ $ $ $
Misc 5: Deliver to Post Office $ $ $ $ $
Total Price for job 10,500.00$ 500.00$ 2,200.00$ 800.00$ 1,200.00$ Quantity 50,000 2,000 10,000 5,000 10,000
Price per piece 0.21$ 0.25$ 0.22$ 0.16$ 0.12$ Processing Time (Print & Mail) 2-10 Days 2-10 Days 2-10 Days 2-10 Days 2-10 Days
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EXHIBIT B
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products -completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be nece ssary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
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Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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CITY OF SAN MATEO
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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 Account Number: 10-3159 File ID: 22-6406 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: August 15, 2022
SUBJECT:
Revision of Interim Child Care Fund Guidelines – Approval RECOMMENDATION:
Approve the revisions of the Interim Child Care Fund Guidelines.
BACKGROUND:
In October 2018, the City Council approved the current Interim Child Care Fund Guidelines. These guidelines responded to Council direction integrating both the inclusion of child care discussions in the General Plan Update process and established procedures for the use of funds in the Child Care Facilities Fund (CCFF). The “interim” of the guidelines reflect any integration of future actions from the General Plan Update. The CCFF revenue is from a developer impact fee and is restricted to capital projects that will expand the number of child care spaces within the City. Council concurred that flexibility in procedures, processes, and having various options for partnerships for the use of those funds is in the City’s best interest. Council’s approval of these guidelines was also an important part of preparing for the January 2019 Notice of Funding Availability (NOFA) that invited proposals for childcare development projects.
As that NOFA was the first of the program, feedback for improvements was desired. After completing the NOFA process and project selection, staff conducted a survey of the approximate 25 participants about the process and program material; seven of those participants were applicants and three projects were approved. Input received from 15 responding participants as well as some verbal sharing of ideas included, but wasn’t limited to, the need for more specific information to be provided to applicants, clear loan processing procedures, and construction requirements that clearly includes prevailing wage. The feedback provided key information that has been used to improve processes and develop more robust information for child care providers and others, and to inform the updated City’s Interim Child Care Fund Guidelines.
In 2021, the City adopted San Mateo Municipal Code Chapter 23.65 (Child Care Development Fee) to broaden Child Care Facilities impact fee applicability and state the requirement in the Municipal Code instead of a resolution. Since then, staff has determined that the code is in need of updating to clarify its applicability. In connection with any such code update, the Interim Guidelines will be revised accordingly.
The changes reflected in the revised guidelines provide further clarification of the fee requirements and strengthens the loan program process. It provides the primary loan terms for review prior to application and clearly includes the requisite of prevailing wage. The experience of the first three projects and the substantial increases of the cost of construction informed the suggestion to increase the forgiveness threshold for smaller projects 5-year loans to $200,000 rather than $100,000. Specifically, the smallest of the three projects was approved at $100,000 yet the project completed at $140,000, the other two were $464,000 and $265,000. A requirement for project applicants to complete a technical property review prior to application submittal has also been included to aid staff and the applicant in identifying potential issues that could
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impact project viability and budgets.
Approval of this document will allow staff to release revised program materials and the application for loans on an ongoing basis while funds are available. These guidelines will be interim until such time any resulting policy development from the General Plan Update or as directed by Council has been completed, and the guidelines can be revised and made permanent.
BUDGET IMPACT:
Approval of the Guidelines will not directly impact the budget.
ENVIRONMENTAL DETERMINATION:
In accordance with CEQA Guidelines section 15378 (b)(5), approval of the Interim Child Care Fund Guidelines is not a project subject to CEQA because this is an administrative activity of government that will not result in direct or indirect physical changes in the environment.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Revised Interim Child Care Fund Guidelines
STAFF CONTACT
Heather Stewart, Senior Management Analyst
[email protected]
(650) 522-7164
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City of San Mateo
Child Care Development Fee
Interim Child Care Fund Guidelines
The City of San Mateo recognizes that high quality childcare provides critical support for the economic growth of our families and community, and the intellectual and social development of our children. The City is committed to prioritizing and enhancing the supply of child care spaces for children of all ages.
It is the City’s intent to explore any potential opportunities for increasing childcare spaces within the City through development partnerships or financial assistance, as legally permitted. This exploration can take place through conversations with planning project applicants, conversation with childcare providers, or any other nonprofit childcare related agencies.
This set of guidelines for the use of the Child Care Development Fund may be implemented through development agreements for new construction, development partnerships for reuse/expanded use of existing sites, inclusion in projects on City owned properties, and/or financial agreements with existing providers for capital improvements that would expand the number of child care spaces.
Revenue generation to this fund is based on applicable developments within the City and will vary over future years accordingly. The Mitigation Fee Act requires the City to identify projects that will use these funds within five (5) years of collecting the fees. Therefore, flexibility in policy application is warranted as there are several variables to project readiness and levels of assistance that may be available.
1. Program Background
A) History: Original fee implementation in 2004; Revised nexus study and ordinance adoption in 2021.
B) Ordinance (copied below for convenience):
Chapter 23.65 Child Care Development Fee
23.65.010 Purpose
The purpose of the childcare development fee is to fund the development of child care facilities in order to serve a need created by both commercial and residential development.
23.65.020 Fee
A childcare development impact fee, in an amount established by City Council resolution is imposed on all residential and commercial development, including new development, addition of square footage to existing development, and tenant improvements to existing structures if those tenant improvements require planning approval.
2. Assisted Project Eligibility
A) Priority should be given to projects that:
1) Provide the highest number and/or most enduring number of designated spaces for children from families with incomes less than 80 percent of the Area Median Income (AMI) 2) Have the highest levels of project readiness and construction commencement.
B) Types of potential applicants or project partners
1) For-profit companies and businesses
2) Nonprofit providers
3) Faith-based organizations
4) The City of San Mateo
5) Other governmental agencies (i.e. school districts)
C) Types of eligible projects may include but are not necessarily limited to:
1) Center acquisition
2) New construction of center
3) Tenant improvements to prepare existing structure for child care uses
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4) Expansion of currently operating center
5) Improvements to establish new small family child care home (FCCH), must be owner occupied 6) Expansion of small FCCH to large FCCH, must be owner occupied. 7) Center within corporate campus
8) Center within new or existing commercial development 9) Child care within new housing developments
D) Eligible expenses do not include general operating costs, but may include:
1) Development or construction related costs
2) Capital equipment
3) Fixed furnishings
E) Financial support may be offered through following methods or any combination thereof:
1) Loans
2) Agreements
3. Project Commitment
A) Requisites for assistance include, but are not necessarily limited to:
1) Letter of request to City, including brief project description 2) Current year budget, start-up and operating budgets, as applicable 3) Copy of proposed child care center property deed or lease, as applicable 4) Resolution in support of request from Board of Directors or comparable body for other types of entities, agencies, or organizations
5) Board of Directors list or proprietor curricula vitae, as applicable 6) Copy of proof of nonprofit status, as applicable
7) Previous 2 fiscal year’s audited financial statement 8) Copy of appropriate license or planned schedule for licensing upon facility start up B) Final fund commitment will be based on, but not limited to, these elements:
1) Request is appropriate to project size
2) Demonstration and verification of financial need
3) Detailed project plan with timeline, site drawings and itemized cost estimate 4) The depth of affordability of child care spaces met with City assistance
4. Loans Terms
As noted in the Project Eligibility section, there are multiple ways the City may choose to fund the increase child care spaces. Loans are one of the established methods to provide financial assistance. The following provides a summary of the loan terms.
A) Signed agreement with the City specifying terms of assistance and remedies of default.
B) The terms of the loan are reflective of the expectation that a child care facility would have a viable business for at least ten (10) years.
•Zero percent (0%) interest
•Fully deferred / no payments required
•Forgivability requires borrowers to meet the annual performance requirements (a) Loan amounts $200,000 or less forgiven at 20% per year, 5-year loan (b) Loans greater than $200,000 forgiven at 10% per year, 10-year loan •30 years, total or remaining loan principal due if not already forgiven The template loan documents will be available for review prior to application. Those documents reflect these and other standard loan terms, prevailing wage payment requirements for construction (as applicable), loan draw
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requests from the borrower, and borrower paying vendors directly. Borrowers will be required to submit documentation confirming all construction / development has been completed (Certificate of Occupancy) and all liens have been released.
C) Loan Security
1) Executed promissory note and loan agreement, and one of the following:
(a) Secured with Deed of Trust against property
(b) Secured with business and personal assets
2) City may be willing to subordinate to senior lender as long as total loan to value (LTV) does not exceed 95%
D) Loan Repayment
1) Loan due immediately upon cessation of operation as child care center or Family Child Care Home (FCCH) 2) Loan due upon transfer of business ownership
3) Loan due immediately upon default of agreement
4) Fully amortized, no early payment penalty
E) Loan Modification
1) If borrower desires to revise loan amount for construction needs or other special circumstances, (a) Modification request, includes a description of the reason & money (b) Staff determines allowability, develops recommendation (c) Approval obtained based on City’s purchasing policy
5. City Staff Roles & Responsibility
A) Planning staff are encouraged to discuss possible child care facility inclusion opportunities with new, large development projects.
B) The prospective applicant will arrange with City staff a site visit, or submit materials such as photos, drawings, and/or videos that provide sufficient information for staff to conduct a technical property review.
The prospective applicant will be provided a written summary of staff’s findings, which will identify potential issues associated with the site/structure that could impact a project’s ability to meet regulatory requirements or could be cost or time intensive. Completion of this step is not an authorization, but a service provided to any prospective applicant to aid them in better identifying budget considerations and project viability.
C) City staff will liaison with 4Cs-Child Care Coordinating Council, Build Up for San Mateo County, and/or other childcare related agencies, to identify eligible providers and potential expansion or development opportunities.
D) City staff will discuss development agreement options with potential partners.
E) City staff will administer funds.
F) City staff is responsible for monitoring compliance of terms of agreement and initiate action for noncompliance as delineated in signed terms of agreement.
6. Reporting Requisites
A) Borrower / partner will be required to provide reports to City as defined in loan or development agreement. 1) Reporting may include, but not be limited to the following:
(a) Proof of current insurance and license
(b) Number of total child care spaces
(c) Number of affordable/subsidized spaces
(d) Submittal of annual financial statement
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 59-6100 File ID: 22-6485 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: August 15, 2022
SUBJECT:
East Hillsdale Park Construction Drawings – Agreement
RECOMMENDATION:
Approve an agreement with Callander Associates Landscape Architecture (CALA) to provide professional design refinement, construction document preparation, bid assistance, and construction observation services for East Hillsdale Park in the amount of $167,380 with a contingency of $15,000 and authorize the Parks and Recreation Director to execute the agreement in substantially the form presented.
BACKGROUND:
In February 2020, a neighborhood survey was conducted to obtain input as to the rehabilitation of East Hillsdale Park. The park and playground had been largely unrenovated since the late 1990's and as a result needed major work to bring the park and playground facilities to current standards in terms of playground equipment and accessibility. In the two years that have passed since the initial survey, the Parks and Recreation Department, with numerous public outreach events, has arrived at a design for the playground and associated works for the park such as repaving the perimeter path, landscaping, lighting, and other park infrastructure.
In April 2022, a Request for Proposals (RFP) for professional design refinement, construction document preparation, bid assistance, and construction observation services was issued prior to construction bids being sought. Of the four proposals submitted, staff determined that CALA was the best value for the city, submitting a proposal of $160,614, which was the lowest overall bid. Due to additional electrical plan and detail requirements, CALA refined their bid to $167,380. After additional review, it was concluded that CALA was still the lowest overall bid. Competing bids ranged from $177,028 through to $238,200.
Callander Associates Landscape Architecture, Inc. $167,380 Gates & Associates $177,028
SSA Landscape Architects, Inc. $181,601
Verde Design, Inc. $238,200
A contingency of $15,000 (approximately 10%) is being requested for reimbursables and potential engineering expenses.
BUDGET IMPACT:
The costs for the reconstruction and rehabilitation of East Hillsdale Park have been budgeted from the Parks and Recreation Capital Improvement Fund. Approximately $1.7 million has been set aside and this amount includes the Proposition 68 Per Capita Fund Grant of approximately $241,821, claimable upon completion.
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ENVIRONMENTAL DETERMINATION:
This 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.
ATTACHMENTS
Att 1 – Agreement
STAFF CONTACT
Nicholas Tsiorvas, Business Manager
[email protected]
(650) 522-7408
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AGREEMENT WITH Callander Associates Landscape Architecture, Inc.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
East Hillsdale Park Improvements / refined design, construction document, bid assistance and construction observation
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 (“CITY”), and Callander Associates Landscape Architecture, Inc., a corporation, (“CONSULTANT”), whose address is 1633 Bayshore Highway, Suite 133, Burlingame, CA 94110.
RECITALS:
A. CITY desires certain park design, construction document, bid support and construction observation services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these park design, construction document, bid support and construction observation services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT 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.
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence on 8/16/2022 and be completed on or about 10/08/2023.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $167,380.00, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.
Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
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SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.
SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT 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.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Joanne Magrini, Acting Director of
Parks and Recreation
City of San Mateo
330 West 20th Avenue>
San Mateo, CA 94403
To CONSULTANT: Brian Fletcher, President, Callander
Associates Landscape Architecture, Inc.
1633 Bayshore Highway, Suite 133
Burlingame, CA 94010
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
SECTION 24 - 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 Callander Associates Landscape Architecture, Inc. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Joanne Magrini, Director of Parks
and Recreation
Date Brian Fletcher
Its Authorized Agent
President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Proposal and Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
SCOPE OF WORK
We have prepared the following detailed scope of work based upon the one found within the RFP and our project delivery experience. It is obvious that a lot of time and critical thought was put into the RFP scope and its level of detail provides a clear picture of the city’s expectations. We have included all tasks and specifics from the RFP in the below scope of work while adding a few additional tasks and refinements to the language to further expand on our approach, methodology, and to highlight unique aspects of our team. By maintaining the same level of detail this confirms our commitment to the project and the level of detail you require, allows you to simply include this as an attachment to the contract, and reduces your effort in preparing those contract documents.
To assist you in these efforts, we would propose to complete the following tasks in chronological order.
The items shown in bold-face italics are documents that we would prepare as part of our tasks.
TASK I: PRELIMINARY ENGINEERING INVESTIGATION
1.A. Site Reconnaissance: With topographic survey in hand, visit site to become familiar with and document existing site conditions. Photograph site for studio and presentation purposes.
Coordinate meeting with Park Maintenance Division staff to confirm existing irrigation system components (backflow, controller, valves, QVC’s and rotor heads, in place as needed).
1.B. Kick-off Meeting: Meet with City staff to discuss design objectives, park issues, key schedule milestones, and obtain input. Based upon input, develop a detailed work plan/schedule through construction and clarify roles and responsibilities of both City staff and consultant’s team. Submit one (1) draft meeting summary and draft work plan/schedule (in 8 1/2”x11” format) within one week of the meeting and, upon City staff review, resubmit final work plan schedule and final meeting summary.
1.C. Base Data: Review existing information from staff including topographical survey prepared by Wilsey-Ham Engineers, and Geotechnical / Environmental Soil Report prepared by Geocon Consultant’s Inc. Submit any requests for clarification in a summary memo.
1.D. Arborist Services: CALA is proposing to utilize our own in-house ISA certified arborist who is also our proposed construction manager. This approach ensures the best possible integration of requirements and recommendations into the plans as well as monitoring during construction.
Proposed services include;
1) Site Visit: Utilizing the provided topographic survey and preliminary site plan, arborist will conduct a site reconnaissance to document location, species, and size (DSH), to visually assess the condition of existing trees, review the existing site conditions and to review the relationship of trees to the proposed improvements. The arborist will tag all heritage trees with a metal tree tag and number and photograph the trees for inclusion in the arborist report.
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2) Arborist Report: Prepare an initial arborist report that identifies all heritage trees (botanical and common name) within the project limits being impacted by the proposed improvements, tree size in terms of trunk diameter and tree canopy per established standards, condition of each heritage tree, the impacts of the proposed site plan on the trees, any removal recommendations for unhealthy trees and trees that will be severely impacted, tree protection measures for all other heritage trees that will be impacted by all proposed site improvements throughout the construction period. Such tree protection measures shall include but not be limited to defining the Tree Protection Zone (TPZ) around such trees, temporary protective fencing, mulching, feeding and root/limb pruning as required and review of all plans prepared by all consultants and providing input regarding design and/ or construction solutions to further protect trees as needed. Submit one (1) pdf copy of arborist report in 8.5x11/11x17 format as required to City. 3) Tree Survey: Based on the arborist’s findings and recommendations, prepare a tree survey on a single sheet that shows the location, canopy, species, and DSH of trees proposed to be removed and retained.
4) Plan Review: Be involved during the site design plan preparation to understand the location of the proposed improvements including replacement of existing pathways and curbs, grading and drainage work, and all other proposed site improvements and to make recommendations concerning design solutions and construction methods that will minimize the impact on Heritage Trees that are of reasonable health and worth saving. Review plans related to work within the trees TPZ and provide recommendations for optimal tree preservation.
1.E. Stormwater Analysis: Analyze if the current project design meets C3 and C6 Stormwater Requirements and fill out the C3 and C6 Development Review Checklist. Incorporate any requirements and design changes, and submit all required documentation, as part of subsequent design submittals.
1.F. Design Development Submittal: Prepare the design development submittal package documents using the latest AutoCAD version. Provide one (1) PDF copy for City staff review. Plans shall be at minimum 20 scale, prepared on 30”x48” format sheets, and include city standard title blocks.
Design development submittal package will include the following:
1) Existing Conditions Plan: including photos of existing conditions. 2) Demolition Plan
3) Site Plan: including the following;
• Existing heritage trees with tree numbers keyed to arborist report, protective fencing / TPZ zone and tree protection notes based on recommendations from arborist report. • New improvements including renovation or replacement of pathways, concrete
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curbs, proposed play area and related improvements, and new site furnishings. • Limits of areas subject to site disruption and identification of final improvements. 4) Grading & Drainage Plans (Wilsey Ham): With their experience preparing the site topographic survey, Wilsey Ham will have an intimate understanding of the site, existing infrastructure, and grading issues which will jump start their plan development. Grading and drainage plans will include the following;
• Preliminary grading and drainage information including existing and proposed contours at 0.5’ intervals along with critical spot elevations, new and existing catch basins and drain lines, including proposed invert and rim elevations and other required utility lines (domestic water line / drain line for dog drinking fountain and water bottle filling station.
• Grading cut and fill calculations to determine the amount of excavated soil to be used on site vs would be off-hauled. Design should attempt to avoid off-hauling to the greatest extent possible.
• C3 and C6 forms, documentation and calculations.
• Additional plans and documentation to meet the C3 and C6 requirements as needed. 5) Play Area Illustrations: Work with Miracle/Hags to update play area designs based upon community feedback expressed at the Park and Recreation Commission meeting. Miracle/ Hags to prepare updated play area illustrations in color with updated play equipment design modifications and play area surfacing. Illustrations shall be 30”x48” format and incorporated into overall design submittal.
6) Image Board: Prepare an image board with notations and pictures of proposed site furnishings in color including picnic tables, benches, water bottle filling stations, light fixtures, dog drinking fountain, and City Standard trash / recycling enclosures. Include recommended colors. Image board shall be 30”x48” format and incorporated into overall design submittal.
7) Preliminary Construction Staging: Develop a preliminary construction staging plan to illustrate proposed phasing of improvements so that a portion, or portions of the park, can be publicly accessible from certain alley way entries at different times. CALA will reach out to a couple contractors to vet options. This will be a preliminary plan and should be subject to review and modification when contractor is selected. We would also recommend before finalizing this, and including it within the project plans and specifications, that the city reviews this (along with the revised play area plan) with the community to gather input.
Construction staging plan shall be 30”x48” format and incorporated into overall design submittal.
8) Cost Estimate: Develop a detailed preliminary estimate of probable construction costs for all improvements. Estimate shall also include costs associated with a 60-calendar day sod
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establishment period and estimating/inflation contingency to the anticipated bid date of June 30, 2023. Cost estimate shall be in 8.5” x 11” format.
1.G. Review Meeting: Meet with City staff to review the design development submittal package and identify any required refinements. Prepare meeting summary documenting decisions made during the meeting.
1.H. Design Development Submittal Revisions: Based on comments received by the city, revise the design development submittal package. Submit one (1) pdf copy to City. Any subsequent comments received will be incorporated into the construction and bid documents.
TASK 2: CONSTRUCTION AND BID DOCUMENTS
2.A. Construction Documents- 90% Plans, Specifications and Estimate (PS&E’s): Based on the approval of the documents developed in Task 1, the results of public input, and staff direction prepare construction documents to a 90% level of completion. Submit one (1) pdf copy to the City for review. All plan sheets shall be 30”x48” format, drawn at a minimum of 20 Scale showing north arrow/scale, and shall be overlaid onto the topographic survey reduced in tone as required for clarity. Plans shall include a city standard title block containing information such as sheet number / total number of sheets, sheet title, name of project, date of submittal, and scale of plan. Submittal shall include the following:
1) Cover Sheet: Including title of project, site address, submittal level (90%, 100%, Final) and date of submittal, table of contents, identification of the City of San Mateo as the owner, listing entire Consultant Team with address and phone number, vicinity map showing location of project and a larger scale location map showing site and approved truck route(s) (to be provided by City), project description, listing of governing codes that the plans comply with, list of abbreviations as required, and survey benchmark information as required.
• Cover sheet should also include diagrammatic construction phasing plan and notes that describe required signage and notifications to the community regarding schedule and construction operations.
2) Existing Conditions Plan: Plan shall show existing survey information, existing known utilities, tree trunk and canopy locations, and a legend as required. 3) Demolition & Tree Protection Plan: including the following; • All tree trunk locations, canopies, Tree Protection Zones (TPZ), and trunks with reference numbers to a listing of Heritage Trees botanical and common names of tree, trunk size, if tree is to be saved or removed, and required tree protection fencing. Include notes that described tree protection fencing and other measures that should be implemented /complied with prior to and during construction. • Site demolition and preservation notes and descriptions of those areas and items to
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be preserved, protected, relocated and/or not be disrupted, and areas and items to be demolished and cleared and grubbed. Indicate particulars about the demolition and/or removal of each item such as depth or any items to be returned to the City.
Include legends and demolition notes as required.
4) Erosion and Sediment Control Plan (Wilsey Ham): including the following; • Designations and locations of all erosion and sediment control features such as fiber rolls, inlet protections, stabilized construction entrance etc., to be installed prior to construction and to be maintained and remain in place until permanent improvements that eliminate the concern for erosion are installed as approved by the city. Include notes describing Best Management Practices and the requirement for the contractor to prepare a Storm Water Pollution and Preventions Plan (SWPPP) per City requirements.
5) Grading and Drainage & Utility Plan and Details (Wilsey Ham): including the following; • All proposed flat work including paving, curbing and soft scaped areas. • Existing finished grade contours per the topographical survey and proposed finished grade contours at 0.5 foot maximum intervals. Provide subgrade contours for play area at maximum 0.5 foot intervals.
• Spot elevations:
o At a maximum of 25 foot on center and at all changes in direction along edges of all flat work including asphalt and concrete paving, curbing. o At all high and low points and at all grade breaks in areas to be surfaced including asphalt and concrete paving, play area surfacing, and curbing. o At all rim elevations for catch basins, area drains, and manholes. o At all invert elevations for catch basins, area drains, cleanouts, manholes and sold and perforated drain lines.
• Directional flow arrows within all paved areas with percentage of flow indications. • Limits of grading and where existing contours meet existing contours. • All existing and proposed drainage improvements such as storm lines (solid and perforated) catch basins, area drains, cleanouts and other proposed or required improvements.
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• All existing and proposed utilities such as water meter potable water lines and drinking fountain drain line as required to an approved sewer line or sump location. • Notes regarding any items of construction pertinent to grading and drainage with reference numbers keyed to the plan.
• Tree trunks and tree canopies of all existing Heritage Trees designated to remain. • A Legend describing all existing and proposed drainage, utility and site features shown on the plan as described above.
• All utility improvements details including, catch basins, area drains, clean outs, solid and perforated drainpipe, waste line from water bottle filling station and dog drinking fountain to a sewer or sump as required.
6) Storm Water Quality Plan (Wilsey Ham): including the following; • All proposed flat work including paving and curbing and all landscaped areas. • Limits of the Tree Protection Zone.
• All, existing and new catch basins, area drains, spot elevations and surface water directional flow arrows indicating percentage of flow as described in Grading and Drainage plan.
• Define areas on the plan, and describe in a legend per C.3 and C.6 requirements, as applicable quantifying the various types of existing areas to remain, new areas, and areas to be resurfaced (pervious and impervious) which when totaled equal the entire site area. Include pertinent notes that describe the amount of resulting impervious site area along with other information pertinent in meeting C.3 and C6 requirements as applicable.
7) Horizontal Control Plan: Define areas by showing coordinate points and dimensions as required to accurately layout all flat work edges including pavements, curbing, and all site elements including benches, water bottle filling stations, picnic tables, trash enclosure, dog drinking fountain, play equipment and all other new site elements as required.
8) Site Construction Plan: Identify all areas and site elements to be constructed and/or assembled along with reference bubbles and references to detail sheets which further describe site element as required to clearly convey the construction requirements to the contractor. Include an enlargement plan as required to describe the play area improvements Provide a construction materials schedule that further describes each type of flatwork, paving materials, and all site elements including site furnishings including any detail number reference as applicable. Pertinent information about the manufacturer and/ or supplier, model number, finish/texture, color, etc. will be included in the specifications.
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9) Construction Details: Provide construction details as required for all site improvements, based on information within the Geotechnical report to be provided by the city. The site improvements include but are not limited to:
• Asphalt pavement, concrete paving and curbing, header boards.
• Section details for all site furnishing including, benches, picnic tables, trash and recycling enclosures, water bottle filling station, dog drinking fountain, permanent grant signage, temporary construction signage based on input from City.
• Play equipment plans and structural calculations to be provided by the play equipment manufacturer.
• Play area surfacing details including full section depth. 10) Irrigation Plan: Provide plan, details, notes and other information as required for irrigation system including the following;
• Replacement of the rotor system in the northern lawn area including remote control valves, boxes, mainline, laterals and LV wire. Upgrade of system for the remaining areas of park shall be undertaken by City crews at a later date except as noted below.
• Replacement of existing transite irrigation mainline with new PVC mainline. • Replace and upgrade the existing irrigation control system for the entire park to a Calsense system with communication to the existing centralized computer via antenna or approved communication cable to yard as determined by city. Upgrade system with a master valve and flow sensor.
• All irrigation design and components shall conform to the city’s Park Irrigation Standards Manual.
• The new irrigation system shall comply with municipal code SMMC 23.73 Water Conservation Landscaping. The drawings shall include:
o All water budget calculations including a hydro-zone information table, maximum applied water allowance (MAWA) table, and an estimated total water use (ETWU) table.
o An irrigation watering schedule table that identifies for each valve, type of irrigation water outlet (rotor, spray head, stream spray, bubbler, drip) the type of plant material irrigated, the time in minutes run time per cycle of each valve, cycles run per day, number of days per month that cycles are run, the total number of minutes run for each valve per month and year and total number of gallons of water used each month and year.
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• Provide one to two sheets of irrigation details for all components specified on the plans including electrical point of connection for the irrigation controller as needed (will be included on the electrical plan).
• Include one sheet of the previous irrigation record drawings formatted on a title block for the contractor’s reference
11) Planting Plan and Details: Provide a planting plan, details and notes as required for planting improvements as follows:
• Planting plan improvements shall be limited to restoration of turf areas disturbed by new improvements and removal of old equipment. Include a 60-calendar day plant establishment period.
• Provide one sheet for planting details.
12) Electrical Plan and Details (SEC): Provide an electrical plan, details, notes and other information for lighting system as follow:
• Painting of the existing park light poles and the installation of house side shields for the existing lights.
• The addition of park lights that match the existing park lights equipped with house side shields for the proposed play area pending input from the police department.
• Review existing power source and determine suitability for additional lights in the park.
• Provide details for electrical components specified on the plans. • Point of connection for irrigation controller.
13) Technical Specifications: Develop project technical specifications in CSI format and schedule of bid items consisting of between 50 and 100 items. First item shall be Mobilization. City to prepare front end, standard boiler plate, and General Conditions in either Cal Trans or APWA Standard Specification for Public Works Construction format. 14) Cost Estimate: Develop an itemized cost estimate. Format shall match the schedule of bid items. In addition, with city’s assistance, include items that the city will purchase directly such as the play equipment and other site furnishings. Include a design estimating contingency factor and a 6% change order contingency factor to the estimate.
2.B. Review Meeting: Meet with City staff to review the 90% PS&E’s and identify any required refinements. Prepare meeting summary documenting decisions made during the meeting.
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2.C. Construction Documents – 100% PS&E’s: Based on comments received by the city above, refine construction documents to a 100% level of completion. Submit one (1) pdf copy to City for review.
2.D. Review Meeting: Meet with City staff to review the 100% PS&E’s and identify any required refinements. Prepare meeting summary documenting decisions made during the meeting.
2.E. Construction Documents – Bid Submittal: Based on comments received by the city above, incorporate final revisions into the bid documents. Submit one (1) signed pdf copy to City for bidding purposes.
TASK 3: BID AND CONSTRUCTION SUPPORT
3.A. Bidding Assistance: During the bidding period, respond to questions from the bidders, to prepare verbiage for addenda and if required supporting drawings and/or attachments as needed.
This item will be paid for on a time and material basis. Assume up to 24 hours for this service.
3.B. Construction Assistance: During the construction period, perform the following tasks when called upon by the City:
1) Attend pre-construction meeting. Our construction manager/arborist would be in attendance to review overall tree protection requirements. 2) Attend meetings to assist in resolving construction issues related to the design and to prepare and submit follow up summary. Assume up to three (3) meetings. 3) Periodic site visits to observe how the progress of construction conforms to the construction documents and to prepare and submit follow up observation reports. Assume up to four (4) site visits.
4) Assist in the preparation of proposal requests and change orders including any needed attachments.
5) Attend site inspection prior to beginning the plant establishment period and again upon the completion of plant establishment period and prepare and submit follow up report.
6) Review submittals including any shop drawings prepared by the contractor. Submit one (1) pdf copy of submittal signed reviewed stamp indicating result of review and along with any additional clarifying information.
3.C. Record Drawings: Prepare final record drawings using latest AutoCAD version based on as-built drawings and information prepared by the contractor, change orders, and other site changes from the construction documents per the requirements of the of the specifications. Submit one (1) pdf copy and one (1) AutoCad copy of record drawings and information to City.
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3.D. Project Archive: Proceed to package all electronic materials prepared, scan key paper records, and upload to online servers as record and for recovery at a later date.
4. ADDITIONAL PROVISIONS:
4.A. In coordination with the City’s Public Works Lighting Operation and Maintenance Division and the City’s Park and Recreation Department work to:
1) Identify the light fixture specifications that best fits with the appearance of existing lights in the park.
2) Research and present two additional alternative lighting fixtures that are in keeping with the appearance of the existing park lights that may not be an acorn fixture in an effort to reduce glare or backlight from the lights into the neighbors’ yards. Presentation shall include backup on how effective each of the lighting fixtures are in reducing said glare or backlight.
4.B. The new lights for the play areas shall include dimmers so the lights could be dimmed after the park closes.
4.C. The consultant shall provide plans, details, structural calc's and other information as required to obtain building / electrical permit(s) from the City of San Mateo for:
1) The additional park lights for the new play areas including foundation, the modification of the existing light poles to include house side shields and for the service panel. 2) The preparation of an existing photometric plan that encompasses. •The proposed play areas including the adjacent picnic table area. •The portion of the existing perimeter pathways that are within 50 feet of the proposed play areas.
•The existing pathway that runs east west between the existing perimeter pathways. •Areas in the park that are within 10’ of the new play areas and above stated pathways.
The existing photometric plan shall include point by point lighting levels for the areas described above on a grid not to exceed 5’ by 5’. Each point shall report the illuminance to the nearest 0.1 foot- candle. Photometric calculations including maximum foot-candles, average foot-candles, minimum foot-candles, average to minimum uniformity and maximum to minimum uniformity. 3) The preparation of a proposed photometric plan resulting from adding lighting within the two new play areas including the adjacent picnic table area that will achieve:
•1 foot candle of average illuminance at ground level.
•A minimum illuminance of 0.3 foot-candle
•A uniformity ratio not to exceed 4:1 average to minimum. •Light source shall be capable of producing a “bright white” light with a color temperature between 3,000K and 4,000K and a color rendering index (CRI) of at least 65.
Note: the above achievement criteria closely match the recommendations of IES G-1-16 for security lighting in a park.
The plan shall include point by point lighting levels for the same areas of the site described for the existing photometric plan and shall include the same grid, report the same illuminance and provide the same photometric calculations as described in the existing photometric plan.
4) The inclusion of specifications for fixtures selected for the play areas on the photometric plan.
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5) The tot and elementary age play structure to meet California Building Code (CBC) section 424.
6) Compliance with 2019-CBC 11B-240 - Play Areas demonstrating that:
•At least one of each type of ground level components shall be on an accessible route. •Where elevated play components are provided, at least 50% shall be on an accessible route and shall comply with Section 2019 CBC section 11B-1008.4. 7) Completion of the Water Conservation in Landscape Screening Form in compliance with San Mateo Municipal Code (SMMC) section 23.72.
4.D. Consultant shall pay cost for structural calculations for light pole and footing.
4.F. Consultant shall pay costs for structural calculations for play structures. The City shall reimburse Consultant 50% of the costs over $4,000 for such structural calculations.
4.G. The additional cost for performing the additional lighting provisions described in 1, 2 and 3B thru 3D above is $ 6,766.00 and is included in the fee total fee amount of $167,380.00 as stated in Section 5 of the Contract.
4.H. Consultant shall include 0.5' contours on the preliminary grading plan submittal.
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EXHIBIT B
FEE PROPOSAL AND RATES
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Task Matrix
East Hillsdale Park Improvements
July 11, 2022
Hrs CALA SEC Wisley Ham
1.0 PROJECT INITIATION, SITE INVESTIGATION AND DESIGN REFINEMENT 198 $ 31,233.00 $ - $ 21,721.70
2.0 CONSTRUCTION AND BID DOCUMENTS 265 $ 40,111.00 $ 4,785.00 $ 36,826.90
3.0 BID AND CONSTRUCTION SUPPORT 83 $ 13,443.00 $ 1,595.00 $ 6,558.20 Reimbursables $ 4,240.00 $ - $ 100.00 TOTAL COMPENSATION 546 $ 89,027.00 $ 6,380.00 $ 65,206.80
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT 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 CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 10-5141 File ID: 22-6506 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: August 15, 2022
SUBJECT:
Classification Updates – Police Department
RECOMMENDATION:
Adopt a Resolution to approve: 1) the job specification and salary range for the new classification of Crime and Intelligence Analyst; and 2) reallocate 1.0 vacant Management Analyst II position to 1.0 Crime and Intelligence Analyst position in the Police Department.
BACKGROUND:
There have been changes in the demands and expectations of the Police Department in recent years that require reconsideration in how the Department is structured and staffed to provide optimal services. In recognition of the need for an analyst position to analyze criminal activities, identify trends of emerging crime, provide data-driven strategies, and help develop effective tactics to reduce crime, the reallocation of a vacant Administrative Assistant position to a Management Analyst position was approved by the City Council in March 2022.
Initially, staff believed that the Management Analyst classification was aligned with duties and responsibilities of conducting complex crime analyses and producing strategic reports and bulletins to effectively prevent and control crime; however, after further evaluation, staff recommends creating a new classification of Crime and Intelligence Analyst, which is a specialized classification that captures the required experience, education, knowledge, skills, and abilities necessary to successfully perform the essential duties of the position. Consequently, staff wishes to reallocate the vacant Management Analyst I-II position to Crime and Intelligence Analyst. It is recommended that the Crime and Intelligence Analyst classification be placed in the Management Unit, with a monthly salary range consistent with that of the Management Analyst II position at $8,434.11 to $10,054.34.
BUDGET IMPACT:
The new classification of Crime and Intelligence Analyst has the same salary range as the reallocated Management Analyst II position, so there will be no budget impact.
ENVIRONMENTAL DETERMINATION:
These classification updates are exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)
NOTICE PROVIDED
All meeting noticing requirements were met.
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ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Job Specification
Exhibit B – Merit Salary Schedules
Exhibit C – Police Department Amended FTEs for FY 2022-23
STAFF CONTACT
Lourdes Coles, Senior Human Resource Analyst
[email protected]
(650) 522-7264
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RESOLUTION NO. ____ (2022)
CLASSIFICATION UPDATES – POLICE DEPARTMENT
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council resolution; and
WHEREAS, the proposed classification updates as detailed below are in response to the Police Department’s need to create a position responsible for performing complex analyses of crime activities and providing data-driven strategies to prevent or reduce crime.
WHEREAS, the proposed job specification for the classification of Crime and Intelligence Analyst is attached hereto as Exhibit A; the proposed salary range for the classification of Crime and Intelligence Analyst is attached hereto as Exhibit B; and the Police Department Amended FTEs for FY 2022-23 is attached hereto as Exhibit C; and all exhibits are incorporated by reference; and WHEREAS, the employee association representing the impacted classifications have reviewed the proposed changes and not brought forth any objections or concerns; and WHEREAS, the proposed classification updates is exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that the following classification updates are approved:
1. The job specification and monthly salary range of $8,434.11 to $10,054.34 for the new classification of Crime and Intelligence Analyst, and
2. The reallocation of 1.00 FTE Management Analyst I-II position to 1.00 FTE Crime and Intelligence Analyst in the Police Department’s FY 2022-23 Operating Budget.
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Exhibit A
CRIME AND INTELLIGENCE ANALYST
DEFINITION
To perform analysis of the underlying reasons and causes of crime; examine criminal activities to identify crime series, patterns and trends; identify investigative leads by determining related cases and potential suspects; forecast occurrences of crime; disseminate analytical findings to departmental personnel and others; works in special projects outside the area of specialization with considerable independence; and to do related work as required.
DISTINGUISHING CHARACTERISTICS
The Crime and Intelligence Analyst is a non-sworn classification primarily responsible for conducting complex crime analyses.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from higher level departmental sworn or administrative management personnel.
EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:
Analyze and determine trends in criminal activity, identify criminal offenders, trends and patterns of crime; convey this information in various formats to appropriate department personnel.
Compile, analyze, correlate and evaluate data from crime, intelligence and arrest reports, law enforcement databases and other sources, looking for patterns and trends.
Study offender and victim characteristics and methods of operation.
Analyze dates, times, geography, and environment of crimes to forecast date, time and location of next crime in a series.
Summarize and analyze qualitative and quantitative data using calculations such as frequencies, percent changes, cross-tabulations, variation and correlation.
Produce complex reports and bulletins for the police department to develop strategies and tactics to effectively prevent and control crime.
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Manage date available to the public via the department’s data transparency webpage including evaluating, recommending and implementing content and design improvements to increase effectiveness and efficiency; perform routine updates of data provided on the site.
Assists operations and management personnel in planning the deployment of resources for the prevention and suppression of criminal activity
Establish criminal profiles that include prior crimes and criminal relationships as well as criminal organizations.
Develop crime-mapping analysis of geographic data from police reports, calls for service, and other sources.
Create and maintain informational databases; use complex databases and software applications such as geographic information systems (GIS) mapping tools
Develops and implements work related procedures to satisfy requirements of local, state and federal laws
Represent the City in interdepartmental, interagency task forces, community, and professional meetings as required; make presentations as necessary.
QUALIFICATIONS
Knowledge of:
Methods of identifying essential information.
Organizing, maintaining, and retrieving data from electronic files.
Research methods as they apply to crime analysis.
Statistical analysis techniques.
Collecting, interpreting and evaluating narrative and statistical data pertaining to public safety matters and translating these results into coherent, well-written reports with effective recommendations.
Data processing to produce bulletins and reports including graphics such as charts, maps, pictures and diagrams; electronic matrixes and spreadsheets; statistical formulae including frequency, percentages, percentage change, sum, average, standard deviation, regression analysis, forecasting and correlations.
Planning, organizing and prioritizing responsibilities so that projects and reports are completed in a timely and accurate manner
Performing highly complex analyses utilizing current industry standard methodologies.
Federal, state and local laws as they relate to the essential functions of this position.
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Using independent reasoning to solve complex problems.
Standard office practices, procedures, methods and equipment.
Specialized computer software, GIS mapping tools and crime analysis applications.
Ability to:
Identify complex problems and review related information to develop and evaluate options and implement solutions
Operate personal computer with proficiency including spreadsheet expertise and familiarity with law enforcement software.
Perform cross tabulations, create charts and graphs, export objects to other applications Work with restricted law enforcement documents and highly confidential information Use logic and reasoning to identify strengths and weaknesses of alternative solutions, conclusions, or approaches to problems
Combine separate pieces of information to form specific answers to problems or conclusions Effectively convey information to others in presentation form and effectively respond to audience inquiries
Communication information and ideas in writing and make recommendations in narrative form that are objective, succinct, pertinent, articulate and relevant Be self-motivated, perceiving departmental need and performing analysis on own initiative Sit at a desk and use a computer and telephone effectively Establish and maintain cooperative working relationships with those contacted in the course of work.
Attend work and perform duties on a regular and consistent basis. Ability and willingness to testify in court.
Experience and Training Guidelines
Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
Two years of progressively responsible experience performing analytical, crime analysis or intelligence related work, preferably in a law enforcement agency.
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Training:
Equivalent to a Bachelor’s Degree from an accredited college or university with major work in statistical analysis, public administration, administration of justice, criminal justice, or a closely related field; OR Any combination of experience and training which provides the equivalent scope of knowledge, skills, and abilities necessary to perform the work.
ADA Special Requirement:
Essential duties require the following physical abilities and work environment:
Ability to work in a standard office environment.
License or Certificate:
Possession of a valid Class C California Driver’s License.
Possession of a certification in Crime and Intelligence Analysis from an accredited college or university and/or a POST certificate in Advanced Concepts in Criminal Intelligence, at the time of application, are highly desirable.
A valid certification in Crime and Intelligence Analysis within twelve (12) months of appointment is required.
Required Special Qualification:
Must successfully complete a thorough law enforcement background investigation.
ADOPTED CC: 8-15-22
BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
DOT: NO
FORM 700: NO
JOB CODES: 2602
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Exhibit B
City of San Mateo – Merit Salary Schedule Revisions for Adoption by Council on August 15, 2022 Crime and Intelligence Analyst (Job Code 2602)
Steps Hourly Biweekly Monthly Annual
Step 1 48.67 3,892.67 8,434.11 101,209.32
Step 2 50.88 4,069.55 8,817.36 105,808.32
Step 3 53.12 4,250.69 9,209.83 110,517.96
Step 4 55.54 4,442.40 9,625.20 115,502.40
Step 5 58.00 4,640.46 10,054.34 120,652.08
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Exhibit C
POLICE DEPARTMENT
FULL TIME EQUIVALENT (FTE) PERSONNEL
2022-23
ADOPTED
BUDGET
2022-23
ADJUSTED
BUDGET
Chief of Police 1.00 1.00
Administrative Assistant 2.00 2.00
Administrative Technician 1.00 1.00
Business Manager 1.00 1.00
Community Service Officer I/II 4.00 4.00
Communications & Public Relations Analyst 1.00 1.00 Crime and Intelligence Analyst - 1.00
Dispatch Services Supervisor 2.00 2.00
Dispatcher I/II 14.00 14.00
Executive Assistant 1.00 1.00
Facilities Coordinator 1.00 1.00
Management Analyst I/II 2.00 1.00
Police Captain 2.00 2.00
Police Digital Forensic Specialist 1.00 1.00
Police Evidence Analyst 1.00 1.00
Police Lieutenant 6.00 6.00
Police Officer 89.00 89.00
Police Records Specialist I/II 5.00 5.00
Police Records Supervisor 2.00 2.00
Police Sergeant 17.00 17.00
Police Technical Services Administrator 1.00 1.00 Senior Business Systems Analyst 1.00 1.00
Senior Community Service Officer 1.00 1.00
Senior Police Records Specialist 2.00 2.00
Vehicle Abatement Officer 2.00 2.00
Total Merit 160.00 160.00
Per Diem 9.40 9.40
Total Positions 169.40 169.40
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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 Account Number: 20-5150 File ID: 22-6426 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: August 15, 2022
SUBJECT:
Cannabis Tax Fund Grant Program – Appropriation and Agreement RECOMMENDATION:
Adopt a Resolution to appropriate funds for the Department of California Highway Patrol Cannabis Tax Fund Grant Program grant totaling $31,159.32; and authorize the Police Chief to execute the agreement in substantially the form presented and expend the funds.
BACKGROUND:
The Department of California Highway Patrol administers a Cannabis Tax Fund Grant program to assist local jurisdictions with impaired driving enforcement, education, and engineering to improve community safety. Earlier this year, the Police Department applied for and has been awarded this grant, which comes with very specific spending criteria and requires a resolution to approve the spending plans and appropriate the funds.
The success of this program hinges on high profile enforcement and community education on the topic of impaired driving.
The grant funds will enable the Police Department to conduct DUI checkpoints, DUI saturation patrols, and dedicated community messaging, education, and outreach on the dangers of impaired driving and how to improve the safety of the San Mateo community.
The strategies used by the City of San Mateo will involve the “Three E’s” of traffic safety – Education, Enforcement, and Engineering to further our City’s efforts towards reducing impaired driving related collisions and behavior.
For the Education component, SMPD will issue press and social media releases, including using NIXLE, Nextdoor, Twitter, Instagram, and Facebook, over the grant term calling attention to the issue of impaired-driving and how to improve the safety of the San Mateo community. Additionally, SMPD traffic officers will conduct safety talks geared towards school- aged children regarding the dangers of impaired driving and how to make optimal choices for themselves, their families, and friends.
For the Enforcement component, SMPD traffic officers will conduct high-profile and targeted enforcement at data- identified problem locations.
For the Engineering component, SMPD will collaborate with the Public Works Department regarding engineering and design responses to problem locations to reduce impaired-driving and related collisions.
BUDGET IMPACT:
The CHP Cannabis Tax Fund Grant requires no matching funds, and the Police Department already has all related equipment needed to conduct grant activities. There is no impact to the General Fund and once appropriated, $31,159.32
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in funds will be added to the Police Grants (Fund 20) budget.
ENVIRONMENTAL DETERMINATION:
This 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 - Proposed Resolution
Att 2 – Grant Agreement
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Matt Lethin, Captain
[email protected]
(650) 522-7663
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RESOLUTION NO. ____ (2022)
APPROPRIATING FUNDS AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE GRANT AGREEMENT
TO EXPEND THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT PROGRAM GRANT FUNDS TOTALING $31,159.32
WHEREAS, the Department of the California Highway Patrol has awarded the City a grant totaling $31,159.32 through its Cannabis Tax Fund Grant Program; and WHEREAS, the Department of the California Highway Patrol requires that recipient cities adopt resolutions to appropriate funds, which would be reimbursed through the grant, and authorize the expenditure of the grant monies; and
WHEREAS, in accordance with Public Resources Code section 21065, approval of this agreement is not a project subject to California Environmental Quality Act Guidelines because it can be seen with certainty that entry into this grant agreement will not have a significant effect on the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. The appropriation of $31,159.32 in Cannabis Tax Fund Grant Program funds to the police grant fund budget is approved.
2. The Chief of Police is authorized to execute the Department of California Highway Patrol Cannabis Tax Fund Grant Program agreement and to expend the grant funds.
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State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
AWARD NUMBER
9629
1. GRANT TITLE
FY22/23 CTFGP Law Enforcement - San Mateo Police Department
2. NAME OF AGENCY
San Mateo Police Department
4. PERFORMANCE PERIOD
From: 07/01/2022
To: 06/30/2023 3. AGENCY SECTION TO ADMINISTER GRANT
Traffic Unit
5. OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, improve agency’s effectiveness through training and development of new strategies.
6. FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED $31,159.32
7. TERMS AND CONDITIONS
The Grantee agrees to complete the Project as described in the Project Description. The Grantee’s Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27 are hereby incorporated into this agreement by reference.
The parties hereto agree to comply with the terms and conditions of the following attachments:
• Schedule A - Project Description, Problem Statement, Goals and Objectives, and Method of Procedure; • Schedule B - Detailed Budget Estimate; and
• Schedule B-1 - Budget Narrative.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF AGENCY
Name: Ed Barberini Phone: (650) 522-7612
Title: Chief of Police
Address: 200 Franklin Pkwy, San Mateo, CA 94403
E-Mail: [email protected]
(Signature) (Date)
B. AUTHORIZED OFFICIAL CHP
Name: Evan Robinson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street, Sacramento, CA 95811
E-Mail: [email protected]
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street, Sacramento, CA 95811
E-Mail: [email protected]
(Signature) (Date)
D. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
PAYMENTS
Name: Julie Dalton
Address: 200 Franklin Pkwy, San Mateo, CA 94403
9. PURCHASE ORDER NUMBER
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Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other terms and conditions noted in this Agreement. Failure by the Grantee to comply may result in the termination of this Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards to the Grantee the sum of money stated on page one of this Agreement. This funding is awarded to the Grantee to carry out the project set forth in the Project Description and the terms and conditions set forth in this Agreement.
2. The funding for this Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Agreement, whereby no party shall have any further obligations or liabilities under this Agreement, or 2) negotiate an Agreement amendment to reduce the grant award and scope of services to be provided under this Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement has been approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide pursuant to this Agreement, necessary to complete or carry out the project as described in this Agreement. Any modification or alteration of this Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing 30 calendar days in advance to the State for approval.
5. The Grantee agrees to complete the project within the timeframe indicated in the Performance Period, which is on page one of this Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all project expenditures, which includes all State and any other project funding expended, within 60 calendar days after completion of this Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Agreement shall be used for the education, prevention, and enforcement of impaired driving laws unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the project costs. Equipment purchased under this Agreement must only be used for approved project related purposes unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
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C. PROJECT TERMINATION
1. Grantee or the State may terminate this Agreement at any time prior to the commencement of the project. Once the project has commenced, this Agreement may only be terminated if the party withdrawing provides 30 calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.
b. Grantee agrees to provide written notice of an event of force majeure under this Agreement within 10 calendar days of the commencement of such event and within 10 calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Agreement has been terminated.
3. The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided.
Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Agreement is terminated, the State may choose to exclude the Grantee from future grant opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State or their designated representative shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Agreement.
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F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliat ion, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)
G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation, and employee assistance programs.
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the project will:
i. Receive a copy of the company's drug-free workplace policy statement.
ii. Agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement or both and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement organization Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Grantees shall not engage in the act of racial profiling as defined in California Penal Code Section 13519.4.
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J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement, (refer to Labor Code Section 3700).
K. APPLICATION INCORPORATION
1. The Grantee agrees the Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Agreement.
L. STATE LOBBYING
1. The Grantee is advised none of the funds provided under this Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body.
Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported by this Agreement from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Agreement, written or oral, creating obligations that would prevent it from entering into this Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status. If the Grantee subcontracts with a Nonprofit as part of this Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
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O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State in writing of any changes to the name of person within organization with delegated signing authority.
2. An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an Agreement, authorizing execution of the Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by governmental Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf as an independent Grantee with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Agreement while employed in any capacity by any state agency.
b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee organization named within this Agreement warrants their organization and its employees have no personal or financial interest and no present or past
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TERMS AND CONDITIONS
employment or activity which would be incompatible with participating in any activity related to this Agreement. For the duration of this Agreement, the organization and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Agreement.
5. The Grantee organization and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Agreement made available for use by the State for the purposes of providing services to the State in conjunction with this Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to project confidential information and intends to disclose that information in violation of this Agreement.
6. The Grantee will not enter into any Agreement or discussions with third parties concerning materials described in paragraph 5 prior to receiving written confirmation from the State that such third party has an Agreement with the State similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If Grantee violates any provisions of this above paragraphs, such action by Grantee shall render this Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Agreement, are trained to recognize alcohol and drug impairment. At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office; establish a policy ensuring appropriate use; and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section), of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices. Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with funds from this agreement will be primarily used for the enforcement of driving under the influence laws and/or providing public education related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem indicating the vehicle is used for driving under the influence enforcement.
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Schedule A
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all activities and items detailed in Schedule A are applicable. Refer to Schedule B – Detailed Budget Estimate for approved line items and Project activities.
Project Description
The San Mateo Police Department has a long-standing Traffic Unit which works with other city departments as part of a collaborative city-wide strategy to address traffic issues. The Traffic Unit has primary responsibility for addressing traffic issues through enforcement and education, especially in some of the most congested areas in San Mateo, and works with department leadership to develop a consistent and systematic approach to improving traffic flow and safety. While the Traffic Unit has achieved impressive traffic safety successes in recent years, particularly in collision rate reductions, one concerning exception is the combination of increasing involvement of impaired-driving in collisions and decreasing levels of Driving Under the Influence (DUI) arrests. With funding from the California Highway Patrol Cannabis Tax Fund Grant Program for 2 full-time officer positions, the San Mateo Police Department’s capacity will be bolstered to provide increased education and awareness to the community on the danger of impaired driving, and to conduct high-visibility, focused, and expert-level enforcement of impaired driving during times most associated with impaired-driving to create safer roadways for the traveling public.
Problem Statement
The City of San Mateo is located in San Mateo County, between San Francisco and San Jose and is situated in the geographic center of the county with three major state highways (Hwy 92, 101, and 280) converging in the city along with the San Mateo Bridge to significantly affect traffic flow. The city has grown markedly in recent years in both residential and commercial developmen t, and the city population is now well over 104,000 people. All of these factors combine to raise the likelihood of regular and significant traffic-related issues and increases the potential for impaired drivers traveling through the city.
Corresponding with the growth of the city, traffic related calls for service and incidents continues to comprise a significant portion of the department's workload. To appropriately respond to this, the department recently decided to increase the size of its Traffic Unit, expanding from 5 to 6 Officers, along with 1 Community Service Officer and 2 Sergeants. This higher-staffed Traffic Unit conducted increased levels of traffic enforcement and outreach, with the following success (refer to attached spreadsheet for associated data):
• Generated 40% more traffic citations in 2021 when compared to pre-pandemic annual levels • The collision rate decreased 20% in 2021, when compared to pre-pandemic levels • The injury rated associated with traffic collisions declined, dropping 10% in 2021 when compared to pre-pandemic levels
Altogether, the higher-staffed Traffic Unit produced increased enforcement and safer roadways for the betterment of the community. The department is excited to build on this success and further reduce rates of overall collisions and associated injury-collisions moving into the future.
Despite this success, the department has identified a concerning trend related to impaired driving and associated enforcement. The rates of driving under the influence arrests have decreased, dropping 9% in 2021 when compared to pre-pandemic levels. Additionally, the percentage of impaired driving association with collisions has steadily risen, increasing 5% in 2021 when compared with past years.
Finally, the department has determined that just under 60% of the collisions involving impaired-driving occur during the hours of 7 PM and 1 AM. Currently, due to existing duties and obligations, officers in the Traffic Unit end their shifts at 7 PM.
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Schedule A
The reassignment of these officers to later shifts is unrealistic, so the responsibility falls to officers in the Patrol division, whom lack the expertise and experience of the Traffic Unit. This combination of declining DUI arrests and increasing association of impaired driving with traffic collisions has led the department to identify a need to increase dedicated enforcement at later hours along with increased community education to continue to relentlessly pursue improved traffic safety for the community . The ability to staff
a larger traffic unit, with officers assigned to shifts that overlap impaired-driving times, will ensure an optimal response to traffic issues and a visible deterrent and appropriate enforcement to combat unsafe driving behavior including impaired driving.
Proposed Solutions
The proposed solution of the San Mateo Police Department is a combination of increased enforcement and community education. Increased enforcement will result from committing two grant funded officers to this assignment and building on the positive progress made in recent years toward education, prevention and enforcement of traffic laws. These grant-funded officers will be assigned shifts that overlap with hours associated with the majority of the impaired-driving arrests and collisions.
Additionally, this larger Traffic Unit will be able to conduct greater numbers of directed impaired driving enforcement details and patrols, as well as unmarked observation and providing the traveling public with a period of education followed by conducting specific enforcement related to the subject matter previously presented.
Additionally, the department will look to increase community engagement and education on the importance of safe driving behaviors and traffic laws through the use of school presentations as well as other community presentations to key stakeholder groups and through other scheduled events. With two additional officers in the Traffic Unit, the department will conduct more highly visible details, patrols, and education efforts which will support ongoing endeavors towards community partnerships to achieve safer roadways. Leveraging designated officers specifically assigned to the Traffic Unit ensures having personnel available to organize and complete the responsibilities for the many projected operations in FY 22/23, while also finding new and innovative ways to address and resolve traffic issues. While many officers are needed to ensure the success of such campaigns, this multi-pronged strategy provides for a unit that is appropriately staffed to optimally address identified issues in San Mateo related to impaired driving as well as the scheduling, preparation, and management of the many goals associated with the education and prevention of impaired driving laws.
Performance Measures
The San Mateo Police Department’s goals prioritize the traffic safety of all community members through a combined focus on enforcement and education. This two-pronged approach establishes San Mateo as a city focused on the goal of achieving substantial reductions in impaired driving and substantial increases in overall traffic safety. The enforcement components include planning and carrying out DUI checkpoints, planning and conducting DUI saturation patrols, planning and conducting collaborative DUI enforcement details with surrounding agencies and committing to the development of additional strategies meant to further educate and safeguard the traveling public. In fiscal year 2022 -2023, the department projects the completion of 4 DUI checkpoints (on a timeline of one per quarter), and 20 DUI saturation patrols (with a goal of conducting 5 per quarter with additional patrols to correspond with calendar dates with higher rates of drinking and other substance use). The department goals of planning, executing, and reporting on the results of these details will be greatly reinforced with an expanded Traffic Unit, which will provide the committed and expert personnel necessary to complete these efforts.
In addition to enforcement, the department regularly conducts efforts to educate its community on the issue of impaired driving. These take the form of interactive and static displays and presentations at various events throughout the year, which include National Night Out, the Community Pol ice Academy, neighborhood association presentations, presentations to schools and individual classes, online, virtual meetings through a “Real Talk” series on the YouTube platform, and additional events. These events offer opportunities to cultivate positive relationships with the community while raising awareness on the danger of impaired driving. The department also utilizes its robust social media networks (which have over 20,000 followers) as a force multiplier, allowing for an online engagement and rea ch on a range of
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Schedule A
educational information. If selected, the department Public Information Officer would submit all media announcements related to the Impaired Driving CHP Grant to the CHPB-CGU Unit for approval prior to release.
Goal 1 – Enforcement via DUI Saturation Patrols: In an average work quarter, the grant funded officers would be expected to conduct 5 saturation patrols lasting 8-hour in shift-length, consisting of 2 officers per shift. These patrols will focus their efforts in areas known to have a high incidence of impaired driving arrests and collisions.
• Objective 1A: Achieve an annual reduction of at least 5% in number of collisions with impaired - driving as an involved factor, when compared with 2021 annual levels. • Objective 2B: Achieve an annual increase in DUI arrests of at least 5%, when compared with 2021 annual levels.
Goal 2 – Education and Outreach: Increase awareness and consensus of the dangers of cannabis - related driving patterns within the community.
• Objective 2A: Post 2 social media messages per quarter regarding the dangers of impaired driving with special focus on cannabis-impaired driving and prescription-impaired driving. • Objective 2B: Over the period of the grant, officers will conduct 6 outreach and education events with local schools to discuss the dangers of impaired driving, with special focus on cannabis-impaired driving and prescription-impaired driving.
Project Performance Evaluation
The San Mateo Police Department has several performance tracking methods to assess work productivity that would be relevant to this grant application and communicated such with internal and external stakeholders, which include the following:
• Daily activity logs that measure officer output, to include number of proactive contacts and stops, citation count, warnings issued, and other public outreach and education conducted by our officers.
• Monthly overview of the Traffic Unit’s work product with historical comparisons to assess progress, what is working well, and what needs adjustment. • Quarterly reports reviewed by department command staff. The metrics are assembled by the Traffic Unit’s supervisor and manager and help to identify trends, progress, and areas needing further attention. This review allows department leadership to make data-driven decisions and strategize to deploy officers and other resources in specific areas to reduce impaired driving and other traffic-related issues.
• An annual report, which will allow the department command staff to determine the success of the Traffic Unit and implement changes to enhance efforts moving into the future. • Finally, much of the aforementioned information will be shared with the community via the City of San Mateo Traffic maps website, which makes available data related to collisions, injury collisions, and DUI-related collisions on a geographic map of the city with certain baseline incident information. This website is available at PD Traffic (arcgis.com)
Program Sustainability
Currently, the department funds 2 fulltime Sergeant positions for the Traffic Unit, whom have responsibility for the oversight of the unit and impaired-driving related efforts. They have sufficient supervisory capacity to take on supervision of two additional grant-funded officers in the unit.
Furthermore, the department already possesses the necessary equipment to outfit these officers for their daily operations as well as to conduct DUI checkpoints and other impaired -driving enforcement efforts. Finally, the department has a strongly established social media presence and networks, so sustainable communication would continue if the grant was no longer available.
If the CHP-CGU Grant were unavailable in the future, the officer positions would likely be reassigned to Patrol. While they would not be specifically assigned to traffic or impaired-driving related duties, the experience and expertise they acquire while assigned to the Traffic Unit would benefit the overall
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Schedule A
department and community as they would be expected to share their knowledge and help mentor other officers to continue with these efforts.
The City of San Mateo recognizes the importance of traffic and impaired-driving enforcement, and there is likelihood of the city funding additional officer positions in the future. Those positions, once established, could be sustained through department budget increases through the standard city budget process.
Administrative Support
The San Mateo Police Department has extensive experience with grant funding, participation, and reporting, and the Traffic Unit manager would work with the 2 Sergeants to track grant compliance and reporting with the department’s administrative technician. The Sergeants would be supplemented by the department’s Records Supervisor to conduct data review for more complicated analysis and reportin g on progress towards this grant action plan.
The team that would be assigned with the implementation of this grant action plan would consist of the following:
• Field Operations Administrative Lieutenant (managing the Traffic Unit) • 2 Traffic Sergeants (already in place and fully funded) • 8 Traffic Officers (2 of which would be funded by this grant) • Records Supervisor (assisting with data review and analysis) • Administrative Technician (overseeing the grant reporting)
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Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
9629 San Mateo Police Department $31,159.32
Cost Category Line Item Name Total Cost to Grant
Personnel
Impaired Driving Saturation Patrols $17,073.60
DUI Checkpoints $8,536.80
Education and Outreach $5,548.92
Category Sub-Total $31,159.32
Grant Total $31,159.32
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Schedule B-1
Budget Narrative
Personnel
Impaired Driving Saturation
Patrols $17,073.60
2 Officers conducting saturation patrol for 8 hours, with 5 patrols per quarter, for 20 total saturation patrols.
Hourly rate includes specialty assignment differential of 5%.
160 hours at Officer hourly rate - $70.65/hour + $5769.6 (benefits) = $17,073.6
DUI Checkpoints $8,536.80
2 Officers conduct and participate in DUI checkpoints for 10 hours, with 1 checkpoint per quarter, for a total of 4 checkpoints.
40 hours at Officer hourly rate of $70.65 + $1442.6 (benefits) X 2 Officers = $8536.8
Education and Outreach $5,548.92
2 Officers conducting education and outreach, to include scheduling, preparing, and executing presentations to schools and community groups, working with PIO team to deliver impaired driving related and other traffic safety messages, etc.
1 hour/week for 52 hours/year at hourly rate of $70.65 + $1,875.12 (benefits) X 2 Officers = $5,548.92
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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: 15 Section Name: CONSENT CALENDAR Account Number: 10-5160 File ID: 22-6317 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: August 15, 2022
SUBJECT:
Cellebrite Premium Software Subscription – Agreement and Appropriation RECOMMENDATION:
Approve an agreement for purchase of Cellebrite Premium Unlimited Software subscription from Cellebrite, Inc. in the amount of $92,715.35, bringing the cumulative amount to be spent with the vendor for fiscal year 2022-23 to $113,000, and authorize the Chief of Police to execute the agreement in substantially the form presented; and adopt a resolution approving a fiscal year 2022-23 budget appropriation in the amount of $92,715.35 with a net-zero impact to the general fund.
BACKGROUND:
The Police Department wishes to purchase an annual subscription to a comprehensive software program, Cellebrite Premium, which will enable investigators to access digital evidence from iOS/Apple and android devices. These devices contain significant investigative data that are used for criminal investigations and prosecutions.
Personal technology devices such as smart phones are commonly used to facilitate crime or are used in the commission of a crime. Common crimes include homicide, stalking, sexual assault, harassing calls or texts, hate crimes, extortion, blackmail, fraud, sex trafficking, revenge porn, bullying, domestic violence, burglary/theft, robbery, drug sales/manufacturing and many others. Phones contain valuable information used in criminal prosecutions (pictures, texts, phone records, documents, GPS data). Phones may also contain exculpatory information that may clear a person from suspicion in a criminal case. Cell phone data can simply not be ignored in modern policing and investigative work because not only do the phones contain a wealth of information, but also because jurors expect to have physical data that links persons to criminal activity.
Extracting evidentiary data from a smart phone is only permitted with a warrant, consent, exigent circumstances, or in certain circumstances for parolees/probationers. As smartphones continually have smarter and more protective features, the process of unlocking the device in order to extract data has become a constant frustration and time-consuming challenge. The Cellebrite Premium software enables officers to lawfully access locked smart phone devices to recover and examine evidence. Having access to this software will allow investigators to recover evidence more expediently and potentially result in decreased investigation times, lower costs and higher case clearance rates.
Cellebrite is the leader in this industry and the Premium software will allow access to the widest range of devices. The cost for the premium software package is $92,715.35 annually, which, when coupled with current existing costs for hardware and licenses, brings the estimated cumulative amount to be spent with Cellebrite to $113,000 for current fiscal year. The action requested includes a zero-net impact budget appropriation in the amount of $92,715.35 for fiscal year 2022-23.
Staff requests revenue received and tracked under the Police property trust account be used for this purchase. The source of these funds are the proceeds from unclaimed property that is subsequently auctioned or sold in accordance with
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CITY OF SAN MATEO
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applicable laws. These funds have historically been used to purchase police equipment or other uses as determined by the Police Department. The revenue tracked to the Police property account currently totals $94,109, sufficient to cover the cost of this purchase.
BUDGET IMPACT:
There is no net impact to the General Fund for the purchase of this subscription, as it will be paid through the Police property trust account.
ENVIRONMENTAL DETERMINATION:
This action 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
Att 2 – Agreement
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Todd Mefford, Police Lieutenant
[email protected]
(650) 522-7608
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
APPROVING ADDITIONAL APPROPRIATION TO THE POLICE DEPARTMENT IN THE 2022-23 BUDGET WHEREAS, the Police Department wishes to purchase Cellebrite Premium Software to enable investigators to access digital evidence; and
WHEREAS, an amendment to the Police Department’s 2022-23 budget will be necessary to fund this expense; and
WHEREAS, sufficient funds have been received and tracked under the Police Property revenue account to cover the cost of this purchase; and
WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City’s budget; and
WHEREAS, the impact of amending the operating budget will be offset by revenues which have been received and tracked in the Police Property revenue account, resulting in no net impact to the general fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. A supplemental budget appropriation for fiscal year 2022-23 is approved in the amount of $92,715.35 for the Police Department.
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Software as Services Agreement
Rev 2/22