CITY OF SAN MATEO
City Council Regular Meeting
October 17, 2022
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street
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 REMOTEL Y.
SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.
To join via Zoom – click here:
O
ctober 17, 2022
To join via telephone: (408) 638-0968
Webinar ID: 814 1789 1776 Passcode: 386279
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. 100
Anniversary of Central Park – Proclamation
2. Breast Cancer Awareness Month – Proclamation
3. Fire Prevention Month – Proclamation
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.
4. City Council Meeting Minutes – Approval
Approve the minutes of the City Council Special and Regular meetings of October 3, 2022.
5. City Council Guidelines – Amendment
Adopt a Resolution to approve revised City Council Guidelines to amend the process governing the succession of the Mayor and Deputy Mayor to reflect the City's transition to district-based elections.
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6. Grand Jury Report: "A Delicate Balance between Knowledge and Power: Government Transparency and the Public's Right to Know" – Response Letter
Approve the letter responding to the August 9, 2022 report by the San Mateo County Civil Grand Jury entitled, "A Delicate Balance between Knowledge and Power: Government Transparency and the Public's Right to Know" and authorize the Mayor to send the response letter on behalf of the City Council.
7. Citywide Small Trash Capture Project – Agreement
Approve an agreement with Schaaf & Wheeler Consulting Civil Engineers for design services for the Citywide Small Trash Capture Project in the amount of $112,300; establish a contingency reserve in the amount of $17,000 and authorize the Public Works Director to execute the agreement in substantially the form presented; and issue change orders within the contingency amount.
8. Use of Public Right-of-Way – Agreement
Approve a Utility Equipment Agreement (UEA) with Crown Castle Fiber, 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 presented.
9. Purchase and Installation of Public Safety Equipment – Agreement Adopt a Resolution to approve an alternative bidding process and approve an agreement with Priority 1 Public Safety Equipment Installation, Inc. for the purchase and installation of public safety equipment in the amount of $192,162.91; establish a contingency reserve in the amount of $39,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
10. Clean Water Program – Amendment
Approve Amendment No. 8 to the agreement with CH2M Hill Engineers, Inc. to authorize scope and funding for the ninth year of program management services for the Clean Water Program in an amount not to exceed $9,400,769 for Year 9 scope of services; establish a contingency reserve of $1,410,000; and authorize the Public Works Director to execute this amendment in substantially the form presented and issue change orders within the contingency amount.
11. San Mateo County Transportation Authority Senate Bill 1 Solutions for Congestion Corridors and Local Partnership Program Grant Application – Letter of Support Authorize the Mayor to send a letter of support on behalf of the City regarding San Mateo County Transportation Authority’s application for Senate Bill 1 (SB 1) funding for the United States 101 and State Route 92 Area Improvements and Multimodal Project.
12. San Mateo County Gun Relinquishment Task Force Program – Memoranda of Understanding Approve two Memoranda of Understanding with the County of San Mateo to define the purpose, goals and mission of the Gun Relinquishment Task Force, and to assign a Police Officer for a two-year term; adopt a Resolution to amend the 2022-23 budget to approve the addition of one Full Time Equivalent Police Officer for a two-year term and to; and authorize the Chief of Police to execute the agreements in substantially the form presented.
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13. Citywide Parking Enforcement Services – Amendment
Approve Amendment No. 1 to the agreement with LAZ Parking California LLC for citywide parking enforcement services in the amount of $2,773,216 for a new agreement total of an amount not to exceed $4,807,220; adopt a Resolution to appropriate $50,000 to the Police Department’s 2022-23 Operating Budget; and authorize the Chief of Police to execute the amendment in substantially the form presented.
14. Police Officer Lateral Hiring Recruitment Incentive Program – Extension Adopt a Resolution to authorize the extension of the Police Officer Lateral Hiring Recruitment Incentive Program to offer a $30,000 recruitment incentive to up to five (5) highly qualified and experienced lateral police officers, in a cumulative amount not to exceed $150,000.
15. Permanent Local Housing Allocation – Grant Application Adopt a Resolution to re-apply to the State of California for Permanent Local Housing Allocation grant program and amend the 5-year funding plan.
16. Mapping Software – Enterprise License Agreement
Adopt a Resolution to approve an alternative purchasing method and an agreement with Environmental Systems Research Institute, Inc (ESRI) for purchase of software, cloud services, and support in the amount of $208,000, and authorize the Director of Information Technology to execute the agreement in substantially the form presented.
17. Outdoor Dining Guidelines – Amendments
Adopt a Resolution to approve amendments to the Parklet Permit Program Guidelines and the Sidewalk and Pedestrian Mall Outdoor Dining Permit Program and authorize the City Manager to make further minor administrative amendments to these program guidelines.
18. Uncollectible Accounts Receivable Write Off – Approval Adopt a Resolution to authorize writing off $91,395.68 of uncollectible accounts receivable invoices as bad debt.
19. November 8, 2022 Statewide Propositions – Recommendations Approve the Legislative Committee’s recommendations to take the following positions on the propositions on the ballot for the November 8, 2022 Statewide General Election: Proposition 28 (Funding Arts and Music Education) – Support; and Proposition 31 (Prohibiting Retail Sale of Certain Flavored Tobacco Products) – Support.
20. Fixin' San Mateo County – Resolution of Support
Adopt a Resolution to affirm the City of San Mateo City Council’s support for Fixin' San Mateo County's (FxSMC) efforts to establish civilian oversight of the San Mateo County Sheriff's Office.
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.
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NEW BUSINESS
21. Downtown Business Improvement Area – Resolution of Intent Adopt a Resolution of Intent to modify the basis and method of levy for the Downtown Business Improvement Area and set a public hearing for November 7, 2022, to consider proposed modification of assessments.
PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made.
Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.
22. 2022 Triennial Building Code Update and Adoption of Dangerous Building Code – Ordinance Introduction Introduce an Ordinance to adopt the 2022 Building Standards Code by reference with local amendments; amend various sections of San Mateo Municipal Code Title 23 “Buildings and Construction” to reflect the 2022 Building Standards Code; update procedural language and revise miscellaneous sections; adopt by reference the 1997 Uniform Code for the Abatement of Dangerous Buildings; and adopt a Resolution to set forth express findings that amendments to the 2022 Building Standards Codes are reasonably necessary based on local climatic, topographical, or geological conditions.
23. “Appeal of Administrative Citation” Amendments – Ordinance Introduction Introduce an Ordinance to amend San Mateo Municipal Code Chapter 1.10, Section 1.10.060 "Appeal of Administrative Citation" and Chapter 2.21 “Community Relations Commission” to create an administrative citation appeal procedure before an impartial hearing officer related to violations of technical building and health and safety codes.
24. Sustainability-Related Amendments to the 2022 California Building Standards Code – Ordinance Introduction Introduce an Ordinance to amend the San Mateo Municipal Code Chapter 23.40 "Energy Code" to adopt the 2022 California Energy Code by reference; amend the San Mateo Municipal Code Chapter 23.70 "Green Building Code" to adopt the 2022 California Green Building Standards Code with local amendments to require enhanced electric vehicle charging infrastructure beyond state requirements, require all-electric new construction, and require electric-readiness and electric appliances during residential building remodels; and Adopt a Resolution adopting express findings required for local amendments to the 2022 Green Building Code.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.
ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:
Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
WATCHING A MEETING ON TV:
City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.
For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.
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WATCHING A MEETING ON A COMPUTER:
There are three ways to stream.
1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings
2) City YouTube channel and stream it on YouTube:
http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream
PUBLIC COMMENTS/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: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 22-6716 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 17, 2022
SUBJECT:
City Council Meeting Minutes – Approval
RECOMMENDATION:
Approve the minutes of the City Council Special and Regular meetings of October 3, 2022.
BUDGET IMPACT:
There is no budget impact associated with this administrative item.
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 - Minutes 2022-10-03 Special
Att 2 - Minutes 2022-10-03 Regular
STAFF CONTACT
Patrice M. 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
October 3, 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 Remote: Council Member Lee from 59617 Keiki, Haleiwa HI 96712
STUDY SESSION
1. City Council Strategic Plan – Mid-Cycle Updates
Denise Garcia, Management Analyst, provided a presentation on the Fiscal Year 2022-23 Strategic Plan Timeline Mid-Cycle review. Council had no questions of staff.
Public Comment – Commenting with disappointment that Council did not adopt full reach codes: Robert Whitehair, Michelle Hudson, Anjuli Mishra and Alex Wagonfeld. Raayan Montashemi encouraged funding and approving of active transportation improvements. Council asked questions of staff.
Council provided comments on clarifying their direction on item #27 in the strategic directions with regard to reach codes and City Manager Corbett indicated staff will update the Strategic Plan to better articulate Council’s direction from the last meeting in the January update to make the item clearer.
2. Boards and Commissions Policy Considerations and Campaign Finance Dashboard Review Martin McTaggart, Deputy City Clerk, provided a presentation on Council policy direction for boards and commission appointment criteria, compensation, ex-officio youth seats and youth engagement, amended language with regard to the mayor rotation in the Council Guidelines and presentation of the newly launched Campaign Dashboard. Council asked questions of staff.
Public Comment – Lisa Diaz Nash recommended that all commissions receive contribution and stated her support of amending citizenship requirements for commissioners.
Council directed staff bring back for further study or action compensation for board members and commissioners and a process to change the qualification to be an elector of the City for service on boards and commissions. Council expressed full support for the Park and Recreation ex officio youth member and unanimous agreement on the proposed Guidelines change on selection of mayor. Council commended the great work on the Campaign Dashboard.
ADJOURNMENT – The meeting adjourned at 6:56 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
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City Council Regular Meeting Minutes – 10/03/2022 Page 1 6 1
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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez
CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
October 3, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:03 p.m.
Pledge of Allegiance
Roll Call
Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez Remote: Council Member Lee from: 59617 Keiki, Haleiwa HI 96712
CEREMONIAL
1. Recognition – Bart Charlow – Bart Charlow, CEO, Samaritan House, received the proclamation
2. National Hispanic Heritage Month – Mayor Bonilla read the proclamation
CONSENT CALENDAR
The following items, 3 and 5 through 12, were considered to be routine by the City Council. Item 4 was removed to be considered separately. Item 7 was withdrawn from the agenda as the State of California already took action. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were no speakers.
Motion passed 5-0.
Moved: Goethals, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
3. City Council Meeting Minutes – Approval
Approve the minutes of the City Council Special and Regular meetings of September 19, 2022.
5. Wastewater Treatment Plant Mosquito Abatement – Agreement Approve a three-year agreement with the San Mateo County Mosquito and Vector Control District for mosquito monitoring and abatement at the Wastewater Treatment Plant in an amount not-to-exceed $40,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue any change orders within the agreement amount.
6. City of San Mateo Conflict of Interest Code – 2022 Biennial Update Adopt a Resolution to update the City of San Mateo’s conflict of interest code to account for the addition, deletion, and modification of positions listed as “designated employees."
Enactment: Resolution No. 109 (2022)
8. Solid Waste – 2023 Rate Setting and Proposition 218 Notification Authorize staff to mail a notice to all property taxpayers proposing a not-to-exceed increase in solid waste, recycling, and compost collection rates for 2023.
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9. 111, 113 and 115 Monte Diablo Avenue Public Improvements – Acceptance Adopt a Resolution to accept public improvements in accordance with the Subdivision Improvement Agreement between the City of San Mateo and Chabad NP for 111, 113 and 115 Monte Diablo Avenue.
Enactment: Resolution No. 110 (2022)
10. Casanova Park Restroom Remodel – Contract
Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Newton Construction & Management, Inc. to remodel the public restrooms at Casanova Park in the amount of $298,253.22; establish a contingency reserve in the amount of $45,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders or amendments within the contingency amount.
Enactment: Resolution No. 111 (2022)
11. Off-Site Plan Review and Certified Access Specialist Services – Amendment Approve Amendment No. 1 to the professional consultant services agreement with CSG Consultants, Inc. for off- site plan review and certified access specialist (CASp) services in the amount of $100,000 for a new agreement total of $199,000; and authorize the Community Development Director to execute the amendment in substantially the form presented.
12. Office of Traffic Safety – Grant Spending Plan
Adopt a Resolution to approve a grant spending plan and appropriate funds for the Office of Traffic Safety Selective Traffic Enforcement Program grant totaling $130,000; and authorize the Police Chief to accept and execute the agreement and expend the funds.
Enactment: Resolution No. 112 (2022)
END OF CONSENT CALENDAR
REMOVED FROM CONSENT CALENDAR
4. Senate Bill (SB 9) – Ordinance Adoption
Mayor Bonilla pulled Item number 4 to announce he would be voting no again, as he did on the introduction of the ordinance.
Motion to adopt an Ordinance to amend the San Mateo Municipal Code to add Chapter 27.21 "Two-Unit Development Overlay District" to implement the provisions of SB 9, amend Chapter 27.66 "Historic Preservation" to update the definition of “Individually Eligible Buildings”. Motion passed 4-1.
Moved: Rodriguez, Seconded: Lee
Ayes: Papan, Lee, Goethals and Rodriguez
Noes: Bonilla
Enactment: Ordinance No. 2022-10
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PUBLIC COMMENT
Susan Raye, Chair, San Mateo County Democracy for America, and supporter of Fixin’ (FxSMC) San Mateo County requested the City Council pass a resolution supporting the need for a strong ordinance to create a civilian oversight board for the Sheriff. Laura Bent, CEO for Samaritan House, expressed gratitude for recognizing Bart Charlow; and for the opening of El Camino House. Nancy Goodban, Fixin’ San Mateo County, supports and echoes Susan Raye. Elaine Salinger, Volunteer with Fixin’ San Mateo County, thanked council members who have endorsed them.
OLD BUSINESS
13. Draft Goals, Policies and Actions for the Circulation, Public Services and Facilities, Noise, and Conservation, Open Space and Recreation Elements – General Plan Update
Zachary Dahl, Community Development Department Deputy Director, provided an overview of four elements of the General Plan up for discussion and direction. He noted the second half of the policy review would take place at the November 7, 2022 meeting. Council asked questions of staff.
Public Comment – Yiming Luo, HS student, stated the need to prioritize sustainable modes of transportation such as walking, biking and public transit in the General Plan and build safe infrastructures. Raayan Mohtashemi commented on unbundled parking requirements. David Hunt reiterated the need for safe biking lanes. Council provided comments and direction to Mr. Dahl which will be incorporated into the final General Plan brought forward for Council adoption upon completion of the process.
Council Member Lee briefly left the meeting at 8:30 p.m. and then rejoined after item number 14.
NEW BUSINESS
14. Public Employee Pension Reform Act 180 Day Waiting Period Waiver Request – Community Development Department
Christina Horrisberger, Director of Community Development, provided a brief presentation on the need for immediate employment for a retired annuitant to fill a critical need. Public Comment – there were no speakers.
Motion to Adopt a Resolution finding the nature of employment for retired annuitant Kelli Casale is necessary to fill a critically needed position before 180 days have passed pursuant to California Government Code section 7522.56. Motion passed 4-0.
Moved: Goethals, Seconded: Papan
Ayes: Bonilla, Papan, Goethals and Rodriguez
Noes: None
Enactment: Resolution No. 113 (2022)
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Goethals asked to bring back before the Council a resolution to ask the Board of Supervisors to pass a strong ordinance to create a Sheriff’s civilian oversight board. Council concurred.
CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session to consider:
15. City Attorney Compensation
Agency designated representative: Mayor Rick Bonilla / Unrepresented employee: City Attorney
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RECONVENE TO OPEN SESSION
16. City Attorney Compensation
Council reconvened into open session at 8:56 pm. The City Clerk read into the record the proposed monthly compensation and percentage increase for the City Attorney. There was no public comment. Motion to Adopt a Resolution to authorize action regarding City Attorney compensation. Motion passed 5-0.
Moved: Goethals, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
Enactment: Resolution No. 114 (2022)
ADJOURNMENT –The meeting adjourned at 8:58 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: 5 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 22-6743 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 17, 2022
SUBJECT:
City Council Guidelines – Amendment
RECOMMENDATION:
Adopt a Resolution to approve revised City Council Guidelines to amend the process governing the succession of the Mayor and Deputy Mayor to reflect the City's transition to district-based elections.
BACKGROUND:
At its October 3, 2022 study session, Council reviewed and provided direction to staff on adjusting Chapter 5 "Selection of Mayor and Deputy Mayor" of the City Council Guidelines. This administrative update to City Council Guidelines is intended to reflect the City's change to district-based elections. The proposed revisions, as seen in Attachment 2, would provide that if two or more Council Members are newly elected or appointed at the same time, the newly elected or appointed Council Members shall draw lots to determine their position relative to one another in the rotational sequence.
BUDGET IMPACT:
There is no budget impact from this administrative action.
ENVIRONMENTAL DETERMINATION:
This approval of guidelines 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 Resolution
Att 2 - Proposed Guidelines - Track Changes
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
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CITY OF SAN MATEO
RESOLUTION NO. __ (2022)
UPDATING CITY COUNCIL GUIDELINES TO AMEND THE PROCESS GOVERNING THE SUCESSION OF
MAYOR AND DEPUTY MAYOR
WHEREAS, the City Council Guidelines serve as a reference tool for the Council in conducting its business and assists in the orientation process for new Council Members; and WHEREAS, Chapter 5 “Selection of Mayor and Deputy Mayor” of the City Council Guidelines was reviewed during an October 3, 2022 study session, resulting in a recommended change, detailed in the accompanying Administrative Report; and
WHEREAS, approval of this Resolution will update City Council Guidelines to provide that if two or more Council Members are newly elected or appointed at the same time, the newly elected or appointed Council Members shall draw lots to determine their position relative to one another in the rotational sequence of Mayor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. Environmental Review. In accordance with California Environmental Quality Act (“CEQA”) Guidelines section 15378(b)(5), consideration of these proposed bylaws is not a project subject to CEQA in that it is an administrative activity of government that will not result in direct or indirect physical changes in the environment.
2. The updated City Council Guidelines, attached hereto as Exhibit A, are approved.
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San Mateo City Council Guidelines 2/22/22
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0 Exhibit A
City Council Guidelines
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council action on:
January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, and February 22, 2022
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0 City of San Mateo, Council Guidelines
Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Authority of the City Council ....................................................................................4 Chapter 3. Key Governance Principles .......................................................................................5 Chapter 4. Duties .......................................................................................................................7 Chapter 5. Selection of Mayor and Deputy Mayor ..................................................................10 Chapter 6. Council Member Conduct.......................................................................................12 Chapter 7. Meetings.................................................................................................................13 Chapter 8. Meeting Agendas....................................................................................................18 Chapter 9. Financial Matters....................................................................................................21 Chapter 10. Communication ......................................................................................................26 Chapter 11. Legislative ...............................................................................................................31 Chapter 12. Council Liaison Roles ..............................................................................................34 Chapter 13. Boards and Commissions........................................................................................37 Chapter 14. References..............................................................................................................40
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0 Chapter 1. Purpose and Overview
This handbook provides guidelines for the San Mateo City Council that describe the way the Council does its business. It is a compilation of all Council-related rules and procedures that have been formally adopted by Council.
The purpose of these guidelines is to set a standard of professionalism for the conduct of the City Council’s business. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These guidelines are intended to enhance public participation and Council debate so that the best possible decisions can be made for San Mateo.
Revisions to these Guidelines
These guidelines, which must be approved by the City Council as a body, are subject to review and future modification as needed.
City Council Vision
The City Council’s vision and strategic goals can be found on the City’s website:
http://www.cityofsanmateo.org/index.aspx?nid=167
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0 Chapter 2. Authority of the City Council
1. The City Council is the policy and lawmaking body of the City. State and local laws define the powers and responsibilities of the City Council.
2. General Authorities and Applicability
Charter section 2.12 and the San Mateo Municipal Code provide that the City Council shall determine its own rules and order of business. When not in conflict with the Charter of the City of San Mateo, or the Constitution or laws of the State of California, these City Council Guidelines (“Guidelines”) shall be in effect upon adoption by resolution of the Council.
3. Revisions to these Rules
The Council shall review and revise these Guidelines as needed.
4. Rosenberg’s Rules of Order
To the extent these Guidelines do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century shall apply.
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0 Chapter 3. Key Governance Principles
In 2022, the City will conduct its first by-district election for City Council members, with districts 1, 3, and 5 holding district elections in November 2022 and districts 2 and 4 holding its first district elections in November 2024. This new election process changes how council members are elected, but not how they govern. It is the intent of the City Council to continue the practice of governing with a citywide perspective. The City Council acts as a body, not as individuals. An overriding principle is that all members of the City Council continue to serve all of the people of San Mateo.
Key Governance Principles
1. Serving the Entire Community
A. The City Council wishes to remain united in its service to the community and will govern by considering the needs and interests of the community as a whole.
B. Members of the City Council will continue to serve all residents, regardless of whether they live within their district. Any member of the City Council may be responsive to requests from anyone in the community.
2. City Management and Governance
Professional management in a Council-Manager form of government will continue, with all of the best management practices that the City Council currently receives.
3. Use of City Resources
A. The City Council will strive to use taxpayer resources efficiently and effectively, while providing consistent services for all residents. Resources will be allocated based on the City’s long-term strategic plan and citywide considerations of service levels and financial capacity.
B. Budget allocations and financial considerations will not be made based on districts.
4. Distribution of Council Duties and Events
Fair distribution of duties and assignments is a priority. Long-standing practices regarding invitations to members of the City Council to events and activities, appointments to committees and various bodies, and the process for board and commission appointments will remain in effect.
5. Communications and Access to Information
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0 A. Council members will have equal access to information. Information necessary for the City Council to govern on a citywide basis will be shared with all City Councilmembers.
B. Communication resources will be provided on a citywide and/or program-level basis with equitable distribution across districts.
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1. Duties of the Council
A. Refer to the City of San Mateo Charter for a detailed description of codified duties of the City Council.
B. Disaster Responsibilities
1. In the event of a disaster, the City Council holds the following roles:
a. Primarily, to make decisions that will enable the emergency operation to continue effectively.
b. To liaison to other governmental agencies that are responding to the disaster.
c. To assist in the conveyance of public information.
2. See the “Elected Officials’ Guide to Managing Disasters” from the California Office of Emergency Services for a detailed description of the roles and responsibilities of Council Members in times of disaster.
2. Duties of Mayor
A. To conduct meetings of the City Council as its chairperson.
1. Ensure that consideration of items on the agenda move along without delay.
2. Ensure that petitioners, proponents and opponents are heard but not allowed to disrupt the meeting.
3. Ensure that decorum is maintained at the meeting.
4. In presiding over matters where the public has provided testimony and/or raised questions, the Mayor should:
a. Restate the question coming before the Council.
b. Direct questions or comments requiring a response to staff for a response.
c. Ensure that staff and members of the public direct their comments to the chair.
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e. If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
f. Announce the decision of the Council on all subjects.
5. To ensure that each member of the Council is provided an opportunity to completely express their views on items of business, the Mayor should:
a. See that Council Members ask to be recognized by the Mayor before speaking.
b. Ensure that each Council Member is given the opportunity to fully express their views.
B. To represent City Government as its chief elected official at community functions, events, meetings, and business outreach and retention visits.
C. On behalf of the City Council, to officially welcome dignitaries, officials, and gatherings.
D. To vote on behalf of the Council at regional meetings such as the San Mateo County Council of Cities/City Selection Committee; provided that the vote is not inconsistent with established policies or previously expressed Council consensus.
This is expected protocol for any Council Member who represents the City on any regional bodies.
E. To correspond on behalf of the Council on subjects, issues, and legislative proposals provided that opinions expressed on behalf of the Council or City Government are not inconsistent with established policies or previously expressed Council consensus.
F. To vote as the City’s “voting delegate” at the League of California Cities Annual Conference and other similar meetings. This responsibility may be delegated to another Council Member.
G. To review the agendas of meetings of the City Council and participate in their preparation as necessary.
H. To recommend Council Members for liaison positions on various boards, commissions and agencies. The Mayor’s recommendations shall be discussed and confirmed by a majority vote of the Council and are subject to change.
I. To serve as the City’s primary contact for the media.
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0 J. Nothing under the Mayor’s duties shall limit any individual Council Member’s ability to interact with members of the public.
3. Duties of Deputy Mayor
In the absence of the Mayor from the City or a Council meeting, the Deputy Mayor shall possess all powers of the office of the Mayor; and be subject to all prescribed duties for that office.
4. Duties of Council Members
A. Arrive on time for all Council meetings.
B. Review all meeting materials in preparation for Council meetings.
C. Fulfill the liaison assignments to external agencies, legislators, and the City’s boards and commissions.
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0 Chapter 5. Selection of Mayor and Deputy Mayor
1. City Council reorganization, including rotation of the office of Mayor and Deputy Mayor occurs annually at the regular meeting in December.
2. The City Council believes that experience as a Council Member will assist those who are selected to serve as Mayor or Deputy Mayor, and that it is in the City’s best interest that these selections be made in a manner that permits the Mayor and Deputy Mayor to gain that experience in cycles of governing and to acclimate themselves to the jobs, tasks, and roles prior to assuming their respective offices.
3. It is appropriate to base such succession on rotation, seniority and election results according to the following:
A. Each Council Member has a specified position in the rotation sequence. In any year, the first person in the sequence is typically selected as Mayor, and the second in the sequence as the Deputy Mayor.
B. After serving as Mayor, that Council Member moves to the end of the rotation sequence, and the other four Council Members move forward.
C. When a Council Member is newly elected or appointed (as the result of a cancelled election), that new Council Member goes into the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.
D. If two or more Council Members are newly elected or appointed at the same time, the newly elected or appointed Council Members shall draw lots to determine their position relative to one another in the rotational sequence.
E. If a Council Member is appointed to fill a mid-term vacancy, that Council Member will go to the bottom of the rotational list.
F. Incumbent Council Members, when re-elected, do not begin anew at the bottom of the list, but rather retain their placement in the rotation.
G. If for any reason (death, resignation, recall, not seeking re-election, etc.) a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence.
H. A Council Member may decline to serve as Mayor or Deputy Mayor. In this case, the office would pass to the next Council Member on the list. The Council Member who declined may drop back one position in the rotation.
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0 4. When the Council reorganizes, the outgoing Mayor will nominate the Deputy Mayor to succeed him/her. The newly appointed Mayor will then nominate the next Council Member in the rotational sequence to serve as Deputy Mayor for the coming year.
5. The process described above shall guide the council’s selection of the Mayor and Deputy Mayor; however, a majority of the City Council retains the authority to disregard the process and select any member of the City Council for these positions.
6. The City Clerk shall keep a list outlining the suggested rotational sequence and update it annually.
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1. Members shall:
A. put constituents first at all times;
B. treat each other, staff, and members of the public with dignity, courtesy, and respect;
C. maintain confidentiality of all closed session materials and discussion; D. be attentive to others, limiting interruptions and distractions; E. encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus;
F. agree to respectfully disagree;
G. keep comments clear, concise, and on-topic;
H. start and end meetings on time, work from the agenda; I. present problems in a way that promotes discussion and resolution; and
2. Council Members shall not participate as a volunteer in any of the City’s operating departments.
3. Council Members are subject to all the provisions of the City’s Harassment, Discrimination and Reasonable Accommodations for Disabilities Policy (#301).
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0 Chapter 7. Meetings
1. All Council decisions must be taken at City Council meetings. Before taking action, the City Council may be informed by project applicants, interested members of the public, and City staff.
2. No business may be transacted by the Council at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently serving).
3. Council Meeting Dates
A. If at any time any regular meeting of the Council falls on a holiday, the regular meeting shall be held on the next business day or the earliest business day within a week.
B. Once a year, adopt a schedule of Council meetings for the following year identifying any regular meeting dates that need to move due to major holidays.
C. Meeting dates may be amended with the approval of the Council.
4. Types of Meetings
A.Regular Meetings are conducted at City Hall Council Chambers on the first and third Monday nights of each month. In July, August, and December, only one meeting is held during the month. The meetings begin at 7:00 p.m. It is City policy to make every effort to complete and distribute the agenda and related reports by the preceding Thursday. For major complex projects and policies, the City will make every effort to distribute reports as early as possible before the meeting when the item will be considered.
B.Special Meetings are called at a non-regular meeting date and time. They are called by the Mayor or Council with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.
C.Study Sessions are special meetings that are held for the purpose of providing information to the City Council, particularly on issues that are more complex or more time-consuming than matters typically scheduled on a regular City Council meeting. At study sessions Council Members may state their individual responses and questions to the information provided and may collectively provide direction to City staff. No action is taken at the study sessions, but direction may be given D.Closed Sessions can be part of either special or regular meetings. The Council conducts its business in public to the greatest extent possible. State law recognizes that public discussion of certain items could jeopardize the public interest, compromise the City’s position, or cost the citizens of San Mateo financially, and,
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0 therefore, generally allows the City Council to hold closed session meetings for the consideration of certain personnel matters, labor negotiations, real property negotiations, matters of public security, and the discussion of litigation, among other things. These rules provide for strict confidentiality of City Council discussion as required by State law. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after an opportunity for public comment, are excluded.
E.Emergency Meetings are allowed per the Ralph M. Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.
F.Adjourned Meetings due to Power Outages
In the event a quorum of the City Council loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting will be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the City Council. Any other agenda items the Council has not taken action on will be placed on a future agenda.
5. Voting
A motion, second, and a majority vote of the Council shall be required for any formal action of Council.
6. The Mayor, with the approval of a majority of the Council, can change the order of hearing of items on the agenda.
7. Public Participation
A. Members of the public are encouraged and invited to participate in the legislative process by submitting written comments before the meeting or speaking in person at a meeting.
B. It is the intent of these rules to allow everyone to be heard without fear of jeers or cheers that may discourage public participation. For this reason, these rules are taken seriously. Disruptive or unruly behavior may result in removal from the Council meeting.
C. Time Limits for public comment:
1. Individual Speakers - 3 minutes
2. Organized group (in lieu of individual speakers) – up to 15 minutes, for a group presentation, as many speakers are allowed as fit in that time allowance
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0 3. The Mayor may, at their discretion, limit the amount of time allotted to the speaker(s)when needed
D. Members of the public are invited to speak at the lectern microphone to ensure all attendees can hear and so that it can be captured on the video recording.
E. Individuals who wish to speak should submit a speaker card to the City Clerk to be called up at the appropriate time.
8. Agendized Discussion Items (Public Hearings, New Business, Old Business) A. Staff / applicant presentation
B. Council questions to applicant and/or staff
C. Open public hearing (or public comment section) for testimony D. Close public hearing (or public comment section)
E. Response by staff to public questions/concerns, if warranted F. Council discussion and deliberation
G. Council votes
9. Appeals
A. Appeals are public hearings and will follow the order stated in #8 with the following time allocations:
1. Appellant – 15 min
2. Individual Speakers – 3 min
3. Rebuttal – 5 min
4. If the appellant is not the applicant, the applicant shall also have 15 min, following the Appellant
5. Tenant Relocation Appeals Hearings – both the Landlord and the Tenant shall each be given 15 minutes to present, and each shall have a 5-minute rebuttal
B. Appeals from decisions of the City’s Boards and Commissions shall appear on the Council agenda for discussion. Council determines whether to affirm the action of the commission, refer the matter back to the commission, or reverse the decision.
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0 C. Any person that addressed the Council during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.
10. Items Considered after 11:00 p.m.
At 11:00 pm Council will determine with a majority vote or consensus whether to continue with an item or if they will take up any remaining unheard items.
11. Action Minutes
A. The City Council shall use Action Minutes (action minutes contain very little, if any, narrative content) or light summary at the discretion of the City Clerk, to record their proceedings.
B. Motions and votes are shown in the record.
C. Media (audio/video) recordings will be used in order to provide a verbatim record of meetings as identified in the City’s Records Retention Schedule.
12. Conflict of Interest
A. The Political Reform Act (PRA), implemented, regulated and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.
B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.
C. Whenever it appears to a Council Member they may have a prohibited financial interest in any City contract, or an item that may be presented to the City Council, the Council Member should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.
D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the City Council, the City Manager, and the City Clerk.
E. With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for him/herself whether there is a conflict of interest.
F. A member shall not vote upon any matter on which they have a conflict of interest.
G. A member shall openly state the reason for their conflict of interest.
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0 H. A member who is disqualified by a conflict of interest shall recuse him/herself from the dais and leave the room unless it is during the Consent Calendar.
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0 Chapter 8. Meeting Agendas
1. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below.
A. Opening
1. Pledge of Allegiance
2. Roll Call
B. Ceremonial matters
The presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative action. In order to ensure the business of the meeting can be handled timely, no more than three (3) items will be scheduled under ceremonial in any meeting; only one speaker representing the group; and no more than three (3) presentation slides may be used.
C. 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.
D. 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. 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 will be provided later in the agenda, if needed.
E. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.
F. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.
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Non-routine items requiring an oral presentation and discussion before action is taken.
H. Reports and Announcements
City Manager, City Attorney, and Council Members report on their various assignments and liaison roles, and Council Members may make individual requests to schedule future items for consideration. A majority vote of Council is required to place a request on a future agenda. If a Council Member is going to make a request to agendize an item, such as a resolution of support, a copy of the proposed resolution should be send no later than the time of the agenda packet issuance in order to give the other Council Members adequate time to review and determine if it is something they would like to support I. Additional Public Comment (if needed)
J. Adjourn
2. Agenda Item Submission
A. Persons who can place matters on the agenda: City Manager or City Attorney B. Council Member:
1. A Council Member may request an item be considered on a future agenda and, upon agreement through a vote of a majority of Council, staff will prepare an agenda report and place the item on a future agenda. Before the vote staff will provide information on how much staff time is estimated to be required to produce the agenda report.
2. Council Members may make this request verbally during a meeting or may submit a written request.
C. Members of the Public
1. A member of the public may request Council action in the following ways:
a. Write a letter to the City Council
b. Speak during the Public Comment period at a City Council meeting c. Attend annual Council goal setting meeting and provide input
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0 2. Upon agreement of a majority of the City Council, Council will determine whether to place on a future agenda an item requested by the public.
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0 Chapter 9. Financial Matters
1. Council Member Compensation
A. State law sets the overall level of compensation for City Council Members (California Government Code § 36516).
B. Compensation of Council Members is set by Resolution (see the San Mateo City Charter, Section 2.03 Compensation).
C. Council Member benefits are established in San Mateo City Charter, Section 2.04 Benefits and Expenses.
D. A full explanation of Council Member compensation is available on the City’s website.
2. City Council Expense Reimbursement Policy
A. Authorized Expenses
1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
a. Communicating with representatives of regional, state, and national government on matters of interest to the City.
b. Meeting with City staff on matters relating to City business. c. Attending educational seminars designed to improve officials’ skill and information levels.
d. Participating in local, regional, state, and national organizations whose activities effect the City’s interests; however, a member of the City Council shall not accept an elected or appointed position that would require anticipated costs to the City of more than $100 annually without City Council approval.
e. Recognizing the service to the City (for example, thanking a longtime employee with a retirement gift of nominal value). f. Attending fundraising events for nonprofit entities providing services of benefit to the City and /or its residents.
g. Attending City events.
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0 h. Implementing a City approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member.
2. All other expenses require prior approval by the City Council.
3. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.
B. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. If expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.
1. Airfare
Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible should be utilized.
2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.
3. Automobile
Mileage shall be reimbursed at IRS rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses. In addition, drivers
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4. Car Rental
Rental rates that are equal or less than those available through the State of California’s website Car Rental Resources for State Travel shall be considered the most economical and reasonable for purposes of reimbursement under this policy.
5. Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, rates that are equal to or less than the group rate at the host hotel are presumed to be reasonable and reimbursable for purposes of this policy.
6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.
7. Lodging
Council members are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available. If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the United States General Services Administration (GSA) maximum rate allowed by location (Per Diem Rates | GSA). This maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member
8. Meals
The City will pay for a Council member’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that an employee elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the
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0 GSA amount eliminates the need for employees to submit receipts. Thus, the Council member only needs to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.
When the meal function is an organized event, the official or employee shall be reimbursed the amount being charged by the event organizer for the meal. The City will not pay for alcohol/personal bar expenses.
9. Taxis/Shuttles
Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time-efficiency.
10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.
11. Transportation
Officials traveling on City business shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct, time-efficient route.
Government and group rates must be used when available.
C. Expense Reports
1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.
2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.
3. Expense reports are a public record.
D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.
E. Reports on Meetings
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F. Violation of this Policy
Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.
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0 Chapter 10. Communication
1. All communications are public records.
All letters, memoranda, email communications, texts and other social media platform writing involving City Council Members and members of boards, commissions, committees, and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.
2. The Council, in adopting this policy, does not waive attorney-client-privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.
3. Ralph M. Brown Act
Each Council Member should be mindful of all of the requirements of the Brown Act in communicating with each other.
4. Mail Processing
A. Members of the City Council may receive mail and other materials through City Hall.
B. City Clerk staff open all incoming mail for the Mayor and Council Members, unless it is labeled personal and confidential.
C. City Clerk’s Office staff disseminate these materials to individual Council Members.
City Staff will scan and email correspondence.
D. General correspondence addressed to Council Members as a whole may be opened and delivered to all Council Members, if appropriate.
5. Correspondence
A. The City Clerk is authorized to receive and take administrative action on all correspondence directed to the City Council. The City Clerk may also respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond. A courtesy copy is provided to each Council Member.
B. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packet is to be compiled and distributed to the City Council prior to the City Council meeting (known as a Dais packet). This additional correspondence is
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C. After the City Council has taken a position on an issue, official correspondence should reflect this position. While Council Members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official City Council title, and staff support should not be utilized. In addition, City letterhead and staff support cannot be utilized for personal or political purposes.
D. City letterhead, logo, insignia and brand, as well as staff support, cannot be utilized for personal or political purposes.
6. Electronic Communication Record Retention
A. All emails sent and received through the City server are saved for at least two years on the City’s network and are subject to the Public Records Act.
B. Communication on social media sites are saved for at least two years.
C. Text messages sent on any City-provided device are saved for at least two years.
7. Social Media Use as a Council Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. These may include (without limitation): Facebook, Twitter, Instagram, YouTube, TikTok, Snapchat, blogs, etc.
The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If Council Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.
A. Brown Act: Social media postings may turn into an interactive dialogue. The Brown Act has expanded to provide guidance on elected officials use of media platforms that are free of charge and open and accessible to the public.
1. Permitted Uses: You may answer questions, provide information to public and solicit information from the public about city business; share a City post to your Council Member site; and tag other elected officials in a post.
2. Prohibited Uses: A majority of the members may not use social media to discuss agency business and a member may not respond directly to any posting by another member regarding agency business including no ‘likes’ ‘thumbs up’, ‘emojis’ or other symbols.
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0 B. First Amendment. Councilmember social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.
C. Public Records: Members are prohibited from deleting social media posts and related comments regarding any City-related matters to avoid violating the California Public Records Act. Social media is subject to the City’s record retention schedule.
D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. When possible, news of citywide importance should first be announced by the official City-affiliated accounts then can be reshared by Council Members.
Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Council or City. Members should be mindful of recognizing that accomplishments of the City or Council are achieved by collective action of the entire body or organization.
8. Written Communications for Council Meetings
D. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm the Wednesday before the Council meeting. This is to allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council.
E. To be included in the Dais packet, communication may be received up until 4:00 pm the day of the scheduled meeting.
F. Materials distributed to Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Council Member, or at the conclusion of the meeting if prepared by another person.
G. If a Council Member receives materials regarding an agenda item, they shall forward it the City Clerk and the City Manager as soon as possible.
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0 H. If late correspondence is received, the City Council will determine at the meeting whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project, or significant new information has become known.
9. Council Communication to Boards and Commissions
A. Council Members should be mindful not to unduly influence—through their attendance—the decision at a Board or Commission meeting so as not to get ahead of the process.
B. It is not appropriate for a Council Member to make public comments at a Board or Commission meeting.
10. Council - Staff Relations
A. Individual Council Members may make requests of City staff through the City Manager or Department Head for limited research and information without the formal concurrence of a majority of the member’s colleagues. Requests that will require significant staff time may be referred to the full Council and only pursued if supported by a majority of the Council.
B. Council Members are encouraged to submit their questions on agenda items to the City Manager or Department Head (copying the City Manager) as far in advance of the meeting as possible so that Staff can be prepared to respond at the Council meeting.
C. Council Members should direct any questions on agenda reports to the City Manager or designee.
D. Clarifications or technical questions will be answered before the meeting whenever possible.
E. Questions and all Staff-prepared responses will be forwarded to all Council Members.
11. Speaking for “the City”
Similar to written correspondence, when Council Members are requested to speak to groups or are asked the City Council’s position on an issue, the response should reflect the position of the City Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.
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0 12. Speaking as an Individual
On occasion, Council Members may wish to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the City Council as a whole, but for themselves as an individual member of the Council. City letterhead and office support may be utilized in these circumstances.
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0 Chapter 11. Legislative
1. Council Legislative Committee
A. It is the policy of the City Council that the Council be involved in the development of the City’s position on significant pending federal and state legislation that may directly impact the City of San Mateo.
B. The offices of Mayor and Deputy Mayor are the Council’s Legislative Committee.
C. The Legislative Committee may meet annually or as needed to draft the City’s legislative priorities; and shall meet when necessary to develop recommendations for the City’s position on legislative matters.
D. Pending legislation for consideration by the Legislative Committee can be submitted to the Committee by a Council Member, City Manager, or by a Commission Staff Liaison if a majority of their commission voted in favor of submission to the Legislative Committee.
E. The Committee’s recommendations shall be presented to the City Council for its consideration; if there is a pressing and urgent need to comment on pending legislation and getting approval in a City Council meeting is not practical, the Legislative Committee may take immediate action to communicate with legislators and copy the entire City Council on the communication and provide a brief report of action taken under Reports and Announcements at the next City Council meeting
F. The Council shall direct the Mayor or other City official to communicate the City’s position on legislative matters to the appropriate legislative bodies.
2. Ceremonial Matters
A. There are several different types of action the Council may take to provide recognition or express appreciation:
1. Certifications of Appreciation or Recognition
Commendations typically issued to acknowledge the activities of a person or organization. These certificates may be issued by any member of the Council without formal action. Examples of traditional recipients would include departing Board and Commission Members, high school students with 4.0 grade point averages, Chamber of Commerce Outstanding Businesses Awards, winners of local art or speech contests, etc.
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0 2. Commendatory Resolutions
Typically used to handle matters requiring some type of formal memorialization such as the retirement of a long-tenured employee, or outgoing Mayor or Council Member.
3. Proclamations
Public announcements directing attention to a person, organization, or event. Proclamations will be issued subject to the policy described below.
B. Preparation of City Proclamations
1. It is the policy of the City Council to issue proclamations for certain events or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents. Examples of causes for which proclamations are regularly and routinely issued include; but are not limited to: notable accomplishments by citizens, youth groups, schools, local organizations, non-profit groups, and local events that deserve special recognition. Discretion should be used in determining whether or not to issue a proclamation. Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.
2. It will be the policy of the City Council to process requests for proclamations in the following manner:
a. The City Clerk will review the request with the Mayor. b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct the City Clerk to prepare the proclamation and the proclamation will be issued. c. If the Mayor determines the proclamation request is not consistent with the policy stated above, the request will be routed to the other Council Members to determine if there is interest in issuing the proclamation.
d. If a Council Member has interest in issuing the proclamation that the Mayor determined was not consistent with this policy, that Council Member will sponsor the item and shall be responsible for drafting the language to be contained in the proclamation. The sponsor Council Member shall provide the draft proclamation language to the City Clerk.
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0 e. Upon receipt of the draft proclamation language, the City Clerk will place the item for consideration to considering issuing on the Consent Calendar at the next available meeting. The proclamation will be issued upon a majority vote of the Council. Depending on the nature and time-sensitivity of the request, the Mayor and Deputy Mayor can act without full formal concurrence of the Council when the situation warrants.
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0 Chapter 12. Council Liaison Roles
1. The City Council will collectively review and approve liaison appointments. The recommended appointments will, to the best of the Council’s ability, attempt to match the requested positions with the needs of the respective body and the experience of the Council Member, while also attempting to equitably balance the distribution of assignments.
2. It is generally suggested that newly elected Council Members undertake a limited number of assignments during their first year, to allow opportunity to gain familiarity with the obligations and expectations of the role.
3. The assignment of City Council liaisons is conducted annually according to the following process:
A. Following the reorganization in December, the City Clerk will distribute a memo to each Council Member which will include a list of potential liaison assignments.
B. Each Council Member will complete the list in a manner which prioritizes the assignments of interest to them; and will submit their list to the City Clerk in December.
C. The ranking process uses the following methodology:
1. Top priority = I really want this (please mark at most only two #1s)
2. This is something I would like to have
3. I’ll take this one for the team
4. I do not want (perhaps the meeting timing does not work for you) D. The City Clerk will assemble responses into a table and provide to the Mayor. The Mayor uses the following additional criteria to make assignments: Continuity assignments remain with the assignee unless the member is opting to step down from the role (see section 5 below); assignments will be assigned by highest priority desired with 1’s first, 2’s second etc.; in case of ties, overall balance and then seniority will be taken into account (for example, did the Council Member get their other first choice? Does the Council Member have other “plum” continuity assignments; Ideally, everyone will get at least one of their top priorities; and you do not need to use your top rankings to hold onto continuity assignments.
E. In the event that a liaison has not been identified for each commission, the Mayor will divide any remaining liaison positions amongst the Council, attempting to equitably balance the distribution of the assignments and associated workload.
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0 F. The Mayor, working with the City Manager and City Clerk, will utilize the responses to present an Agenda Report and conduct a discussion at the first meeting in January regarding the liaison appointments.
G. The Mayor and Deputy Mayor have traditionally been assigned to the following bodies:
1. City Council Legislative Committee - ordered by Resolution 158 (1981)
2. City Budget and Audit Committee
3. Council of Cities – City Selection Committee (Mayor)
4. Honorary Chair of Sister Cities Association (Mayor)
H. The City Clerk shall maintain a list of all such appointments. The final liaison list will be distributed to all Council Members and posted on the City’s website.
4. Liaison to the City’s Boards and Commissions
A. Each of the City’s Boards and Commissions has a Council Member who serves as its Council liaison.
B. Council Members should act as an advisor and resource to commissioners and the commission’s staff liaison when issues regarding process, procedure, attendance, interpersonal or public relations arise.
C. The Council liaison serves on the Appointment Subcommittee for the Commission they are assigned to. In the event the Mayor is serving as the commission’s liaison, the minimum subcommittee shall consist of the Mayor and Deputy Mayor.
5. Continuity Appointments to External Agencies
A. The City Council has identified certain appointments for which there is a strong need and desire for consistency and continuity in terms of Council participation and representation and the Mayor will maintain the current Council Member assigned as liaison to that body. The Council will have an opportunity at its annual review to see if a supplemental designation is needed due to changing conditions or if new bodies have been added to the list. All continuity appointment should also have an Alternate assigned, so a member can be ready to take over the role if needed.
1. B. Liaison appointments to these bodies would not annually be re-assigned to another Council Member, as this would not provide the desired consistency. If it became necessary to re-assign the liaison for one of these bodies as the result of a vacancy or other reason, the liaison role would not typically be assigned to a newly
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0 elected Council Member. A Council Member with an interest in serving as liaison to any of these continuity bodies should confer with the current representative; and consider acting as an alternate or “shadowing” the current liaison for a time to learn more about the body’s functions and duties.
C. If a Council Member who is assigned as liaison to one of the aforementioned bodies anticipates leaving office, every effort should be made to mentor another Council Member so that those critical relationships can continue uninterrupted.
6. Council of Cities Appointments
A. In the case of appointments made by the regional Council of Cities - City Selection Committee, upon receipt of the City Selection Committee agenda packet listing all positions and nominees to be voted on, if time allows, the City Council may schedule a special meeting prior to the Council of Cities meeting to discuss and agree upon preferred appointees. this will allow the Mayor, or their proxy, to have clear direction on whom to vote for that reflects the best interest of the City. If scheduling a meeting is not practical, the Mayor and Deputy Mayor may confer on the vote. In the case of nominations from the floor at the City Selection voting meeting, the Mayor, or their proxy, will vote their conscience based on the feedback previously given by the City Council as a whole. In December every year upon the Mayor’s rotation, a standing proxy shall be filled out and filed with the City Selection Committee for the year naming who may vote in the Mayor’s absence. The Deputy Mayor will be given first priority followed by any Council Member who has the most latitude and ability to attend the meetings.
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0 Chapter 13. Boards and Commissions
1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.
2. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.
3. Reappointments, Vacancies, and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.
B. The City Clerk then shares the results with each appointment subcommittee and receives direction on the need to schedule an agendized appointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment.
However, if it is determined that a commissioner’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council. Any commission seat selected for re-interviews, means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants.
C. The City Clerk recruits for all open seats utilizing multiple avenues including:
advertising, website, social media, and networking lists to present qualified candidates to the Council for consideration.
D. The interview and selection of candidates is an open process.
E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate sub-committee, in a noticed special meeting, to interview applicants and form their recommendation.
F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) serve staggered terms.
G. An “Appointment Subcommittee” may include up to five City Council members.
The City Council shall appoint the members of the Appointment Subcommittee.
As a minimum, the Appointment Subcommittee shall include; and a quorum shall be established as: 1) the Mayor (or their Council designee) and the Council liaison to the Commission. The Department Head affiliated with that Commission shall participate as a non-voting member of the Appointment Subcommittee.
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0 H. Except when reappointment is recommended, or an established eligibility list is used, the Appointment Subcommittee shall conduct candidate interviews and make a recommendation for Council approval. Interviews shall be conducted in a noticed public meeting with at least a quorum of the Appointment Subcommittee present.
I. At the conclusion of an Appointment Subcommittee’s interviews of candidates, and the agreement on the recommended candidate, the appointment subcommittee may then designate up to two applicants who would be considered for listing on the eligibility list for a one-year period. The eligibility list is then ranked according to preferred next seating to a Commission vacancy. The list is only established with the full agreement of the Appointment Subcommittee. It is not a requirement that an eligibility list be established if there are not applicants that are deemed qualified. This list may be used for automatic next appointments in the event of an unscheduled vacancy, the next person on the eligibility list would be submitted as the recommended candidate from the appointment subcommittee on the next City Council regular meeting Consent Calendar.
J. The full Council will receive the Appointment Subcommittee’s recommendation and the full list of candidates for each opening.
K. The Appointment Subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular Council meetings. An agenda report summarizing the Subcommittee’s recommendations and including the full list of candidates reviewed for each opening will be provided to the full City Council. Council may adopt the recommendations as presented or pull the item for further discussion. The City Council can consider for appointment any of the candidates interviewed.
L. A majority vote of Council approves the appointees.
M. Commission recruitment begins annually in the month of March, and completes in May, in order to ensure continuity on commissions before terms end June 10th.
N. Unscheduled Vacancies
1. Subject to the Maddy Act (California Government Code § 54970), if an unscheduled vacancy occurs on a commission, the Council may either appoint from the pool of applicants on file (the eligibility list if there is one available) or open up the position to new applications where the above process is followed.
2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.
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0 3. All appointments occur in an open public meeting.
O. Youth Activities Council (YAC) Selection Process
The YAC is the only group not appointed directly by the City Council but through an application method administered by the Parks and Recreation Department.
High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year.
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0 Chapter 14. References
1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI
2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)
3. California Government Code, § 53234 et seq.
4. San Mateo Municipal Code
5. California Public Records Act (California Government Code, § 6250 et seq.)
6. AB 1234 California Government Code, § 53232.3
7. Rosenberg’s Rules of Order
8. Emergency Guide for Elected Officials
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City Council Guidelines
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council action on:
January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, and February 22, 2022
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5 City of San Mateo, Council Guidelines
Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Authority of the City Council ....................................................................................4 Chapter 3. Key Governance Principles .......................................................................................5 Chapter 4. Duties .......................................................................................................................7 Chapter 5. Selection of Mayor and Deputy Mayor ..................................................................10 Chapter 6. Council Member Conduct.......................................................................................12 Chapter 7. Meetings.................................................................................................................13 Chapter 8. Meeting Agendas....................................................................................................18 Chapter 9. Financial Matters....................................................................................................21 Chapter 10. Communication ......................................................................................................26 Chapter 11. Legislative ...............................................................................................................31 Chapter 12. Council Liaison Roles ..............................................................................................34 Chapter 13. Boards and Commissions........................................................................................37 Chapter 14. References..............................................................................................................40
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5 Chapter 1. Purpose and Overview
This handbook provides guidelines for the San Mateo City Council that describe the way the Council does its business. It is a compilation of all Council-related rules and procedures that have been formally adopted by Council.
The purpose of these guidelines is to set a standard of professionalism for the conduct of the City Council’s business. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These guidelines are intended to enhance public participation and Council debate so that the best possible decisions can be made for San Mateo.
Revisions to these Guidelines
These guidelines, which must be approved by the City Council as a body, are subject to review and future modification as needed.
City Council Vision
The City Council’s vision and strategic goals can be found on the City’s website:
http://www.cityofsanmateo.org/index.aspx?nid=167
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5 Chapter 2. Authority of the City Council
1. The City Council is the policy and lawmaking body of the City. State and local laws define the powers and responsibilities of the City Council.
2. General Authorities and Applicability
Charter section 2.12 and the San Mateo Municipal Code provide that the City Council shall determine its own rules and order of business. When not in conflict with the Charter of the City of San Mateo, or the Constitution or laws of the State of California, these City Council Guidelines (“Guidelines”) shall be in effect upon adoption by resolution of the Council.
3. Revisions to these Rules
The Council shall review and revise these Guidelines as needed.
4. Rosenberg’s Rules of Order
To the extent these Guidelines do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century shall apply.
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5 Chapter 3. Key Governance Principles
In 2022, the City will conduct its first by-district election for City Council members, with districts 1, 3, and 5 holding district elections in November 2022 and districts 2 and 4 holding its first district elections in November 2024. This new election process changes how council members are elected, but not how they govern. It is the intent of the City Council to continue the practice of governing with a citywide perspective. The City Council acts as a body, not as individuals. An overriding principle is that all members of the City Council continue to serve all of the people of San Mateo.
Key Governance Principles
1. Serving the Entire Community
A. The City Council wishes to remain united in its service to the community and will govern by considering the needs and interests of the community as a whole.
B. Members of the City Council will continue to serve all residents, regardless of whether they live within their district. Any member of the City Council may be responsive to requests from anyone in the community.
2. City Management and Governance
Professional management in a Council-Manager form of government will continue, with all of the best management practices that the City Council currently receives.
3. Use of City Resources
A. The City Council will strive to use taxpayer resources efficiently and effectively, while providing consistent services for all residents. Resources will be allocated based on the City’s long-term strategic plan and citywide considerations of service levels and financial capacity.
B. Budget allocations and financial considerations will not be made based on districts.
4. Distribution of Council Duties and Events
Fair distribution of duties and assignments is a priority. Long-standing practices regarding invitations to members of the City Council to events and activities, appointments to committees and various bodies, and the process for board and commission appointments will remain in effect.
5. Communications and Access to Information
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5 A. Council members will have equal access to information. Information necessary for the City Council to govern on a citywide basis will be shared with all City Councilmembers.
B. Communication resources will be provided on a citywide and/or program-level basis with equitable distribution across districts.
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5 Chapter 4. Duties
1. Duties of the Council
A. Refer to the City of San Mateo Charter for a detailed description of codified duties of the City Council.
B. Disaster Responsibilities
1. In the event of a disaster, the City Council holds the following roles:
a. Primarily, to make decisions that will enable the emergency operation to continue effectively.
b. To liaison to other governmental agencies that are responding to the disaster.
c. To assist in the conveyance of public information.
2. See the “Elected Officials’ Guide to Managing Disasters” from the California Office of Emergency Services for a detailed description of the roles and responsibilities of Council Members in times of disaster.
2. Duties of Mayor
A. To conduct meetings of the City Council as its chairperson.
1. Ensure that consideration of items on the agenda move along without delay.
2. Ensure that petitioners, proponents and opponents are heard but not allowed to disrupt the meeting.
3. Ensure that decorum is maintained at the meeting.
4. In presiding over matters where the public has provided testimony and/or raised questions, the Mayor should:
a. Restate the question coming before the Council.
b. Direct questions or comments requiring a response to staff for a response.
c. Ensure that staff and members of the public direct their comments to the chair.
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5 d. If necessary, help keep Council Member questions relevant to the matter being considered by the Council.
e. If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
f. Announce the decision of the Council on all subjects.
5. To ensure that each member of the Council is provided an opportunity to completely express their views on items of business, the Mayor should:
a. See that Council Members ask to be recognized by the Mayor before speaking.
b. Ensure that each Council Member is given the opportunity to fully express their views.
B. To represent City Government as its chief elected official at community functions, events, meetings, and business outreach and retention visits.
C. On behalf of the City Council, to officially welcome dignitaries, officials, and gatherings.
D. To vote on behalf of the Council at regional meetings such as the San Mateo County Council of Cities/City Selection Committee; provided that the vote is not inconsistent with established policies or previously expressed Council consensus.
This is expected protocol for any Council Member who represents the City on any regional bodies.
E. To correspond on behalf of the Council on subjects, issues, and legislative proposals provided that opinions expressed on behalf of the Council or City Government are not inconsistent with established policies or previously expressed Council consensus.
F. To vote as the City’s “voting delegate” at the League of California Cities Annual Conference and other similar meetings. This responsibility may be delegated to another Council Member.
G. To review the agendas of meetings of the City Council and participate in their preparation as necessary.
H. To recommend Council Members for liaison positions on various boards, commissions and agencies. The Mayor’s recommendations shall be discussed and confirmed by a majority vote of the Council and are subject to change.
I. To serve as the City’s primary contact for the media.
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5 J. Nothing under the Mayor’s duties shall limit any individual Council Member’s ability to interact with members of the public.
3. Duties of Deputy Mayor
In the absence of the Mayor from the City or a Council meeting, the Deputy Mayor shall possess all powers of the office of the Mayor; and be subject to all prescribed duties for that office.
4. Duties of Council Members
A. Arrive on time for all Council meetings.
B. Review all meeting materials in preparation for Council meetings.
C. Fulfill the liaison assignments to external agencies, legislators, and the City’s boards and commissions.
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5 Chapter 5. Selection of Mayor and Deputy Mayor
1. City Council reorganization, including rotation of the office of Mayor and Deputy Mayor occurs annually at the regular meeting in December.
2. The City Council believes that experience as a Council Member will assist those who are selected to serve as Mayor or Deputy Mayor, and that it is in the City’s best interest that these selections be made in a manner that permits the Mayor and Deputy Mayor to gain that experience in cycles of governing and to acclimate themselves to the jobs, tasks, and roles prior to assuming their respective offices.
3. It is appropriate to base such succession on rotation, seniority and election results according to the following:
A. Each Council Member has a specified position in the rotation sequence. In any year, the first person in the sequence is typically selected as Mayor, and the second in the sequence as the Deputy Mayor.
B. After serving as Mayor, that Council Member moves to the end of the rotation sequence, and the other four Council Members move forward.
C. When a Council Member is newly elected or appointed (as the result of a cancelled election), that new Council Member goes into the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.
If two or more Council Members are newly elected at the same time, the number of votes received in the election determines the position in the sequence, with the new Council Member receiving the highest number of votes being the first among the new Council Members.
D. If two or more Council Members are newly elected or appointed at the same time, (as the result of a cancelled election), the newly elected or appointed Council Members shall draw straws lots to determine their position relative to one another in the rotational sequence.
E. If a Council Member is appointed to fill a mid-term vacancy, that Council Member will go to the bottom of the rotational list.
F. Incumbent Council Members, when re-elected, do not begin anew at the bottom of the list, but rather retain their placement in the rotation.
G. If for any reason (death, resignation, recall, not seeking re-election, etc.) a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence.
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5 H. A Council Member may decline to serve as Mayor or Deputy Mayor. In this case, the office would pass to the next Council Member on the list. The Council Member who declined may drop back one position in the rotation.
4. When the Council reorganizes, the outgoing Mayor will nominate the Deputy Mayor to succeed him/her. The newly appointed Mayor will then nominate the next Council Member in the rotational sequence to serve as Deputy Mayor for the coming year.
5. The process described above shall guide the council’s selection of the Mayor and Deputy Mayor; however, a majority of the City Council retains the authority to disregard the process and select any member of the City Council for these positions.
6. The City Clerk shall keep a list outlining the suggested rotational sequence and update it annually.
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5 Chapter 6. Council Member Conduct
1. Members shall:
A. put constituents first at all times;
B. treat each other, staff, and members of the public with dignity, courtesy, and respect;
C. maintain confidentiality of all closed session materials and discussion; D. be attentive to others, limiting interruptions and distractions; E. encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus;
F. agree to respectfully disagree;
G. keep comments clear, concise, and on-topic;
H. start and end meetings on time, work from the agenda; I. present problems in a way that promotes discussion and resolution; and
2. Council Members shall not participate as a volunteer in any of the City’s operating departments.
3. Council Members are subject to all the provisions of the City’s Harassment, Discrimination and Reasonable Accommodations for Disabilities Policy (#301).
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5 Chapter 7. Meetings
1. All Council decisions must be taken at City Council meetings. Before taking action, the City Council may be informed by project applicants, interested members of the public, and City staff.
2. No business may be transacted by the Council at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently serving).
3. Council Meeting Dates
A. If at any time any regular meeting of the Council falls on a holiday, the regular meeting shall be held on the next business day or the earliest business day within a week.
B. Once a year, adopt a schedule of Council meetings for the following year identifying any regular meeting dates that need to move due to major holidays.
C. Meeting dates may be amended with the approval of the Council.
4. Types of Meetings
A.Regular Meetings are conducted at City Hall Council Chambers on the first and third Monday nights of each month. In July, August, and December, only one meeting is held during the month. The meetings begin at 7:00 p.m. It is City policy to make every effort to complete and distribute the agenda and related reports by the preceding Thursday. For major complex projects and policies, the City will make every effort to distribute reports as early as possible before the meeting when the item will be considered.
B.Special Meetings are called at a non-regular meeting date and time. They are called by the Mayor or Council with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.
C.Study Sessions are special meetings that are held for the purpose of providing information to the City Council, particularly on issues that are more complex or more time-consuming than matters typically scheduled on a regular City Council meeting. At study sessions Council Members may state their individual responses and questions to the information provided and may collectively provide direction to City staff. No action is taken at the study sessions, but direction may be given D.Closed Sessions can be part of either special or regular meetings. The Council conducts its business in public to the greatest extent possible. State law recognizes that public discussion of certain items could jeopardize the public interest, compromise the City’s position, or cost the citizens of San Mateo financially, and,
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5 therefore, generally allows the City Council to hold closed session meetings for the consideration of certain personnel matters, labor negotiations, real property negotiations, matters of public security, and the discussion of litigation, among other things. These rules provide for strict confidentiality of City Council discussion as required by State law. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after an opportunity for public comment, are excluded.
E.Emergency Meetings are allowed per the Ralph M. Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.
F.Adjourned Meetings due to Power Outages
In the event a quorum of the City Council loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting will be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the City Council. Any other agenda items the Council has not taken action on will be placed on a future agenda.
5. Voting
A motion, second, and a majority vote of the Council shall be required for any formal action of Council.
6. The Mayor, with the approval of a majority of the Council, can change the order of hearing of items on the agenda.
7. Public Participation
A. Members of the public are encouraged and invited to participate in the legislative process by submitting written comments before the meeting or speaking in person at a meeting.
B. It is the intent of these rules to allow everyone to be heard without fear of jeers or cheers that may discourage public participation. For this reason, these rules are taken seriously. Disruptive or unruly behavior may result in removal from the Council meeting.
C. Time Limits for public comment:
1. Individual Speakers - 3 minutes
2. Organized group (in lieu of individual speakers) – up to 15 minutes, for a group presentation, as many speakers are allowed as fit in that time allowance
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5 3. The Mayor may, at their discretion, limit the amount of time allotted to the speaker(s)when needed
D. Members of the public are invited to speak at the lectern microphone to ensure all attendees can hear and so that it can be captured on the video recording.
E. Individuals who wish to speak should submit a speaker card to the City Clerk to be called up at the appropriate time.
8. Agendized Discussion Items (Public Hearings, New Business, Old Business) A. Staff / applicant presentation
B. Council questions to applicant and/or staff
C. Open public hearing (or public comment section) for testimony D. Close public hearing (or public comment section)
E. Response by staff to public questions/concerns, if warranted F. Council discussion and deliberation
G. Council votes
9. Appeals
A. Appeals are public hearings and will follow the order stated in #8 with the following time allocations:
1. Appellant – 15 min
2. Individual Speakers – 3 min
3. Rebuttal – 5 min
4. If the appellant is not the applicant, the applicant shall also have 15 min, following the Appellant
5. Tenant Relocation Appeals Hearings – both the Landlord and the Tenant shall each be given 15 minutes to present, and each shall have a 5-minute rebuttal
B. Appeals from decisions of the City’s Boards and Commissions shall appear on the Council agenda for discussion. Council determines whether to affirm the action of the commission, refer the matter back to the commission, or reverse the decision.
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5 C. Any person that addressed the Council during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.
10. Items Considered after 11:00 p.m.
At 11:00 pm Council will determine with a majority vote or consensus whether to continue with an item or if they will take up any remaining unheard items.
11. Action Minutes
A. The City Council shall use Action Minutes (action minutes contain very little, if any, narrative content) or light summary at the discretion of the City Clerk, to record their proceedings.
B. Motions and votes are shown in the record.
C. Media (audio/video) recordings will be used in order to provide a verbatim record of meetings as identified in the City’s Records Retention Schedule.
12. Conflict of Interest
A. The Political Reform Act (PRA), implemented, regulated and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.
B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.
C. Whenever it appears to a Council Member they may have a prohibited financial interest in any City contract, or an item that may be presented to the City Council, the Council Member should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.
D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the City Council, the City Manager, and the City Clerk.
E. With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for him/herself whether there is a conflict of interest.
F. A member shall not vote upon any matter on which they have a conflict of interest.
G. A member shall openly state the reason for their conflict of interest.
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5 H. A member who is disqualified by a conflict of interest shall recuse him/herself from the dais and leave the room unless it is during the Consent Calendar.
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5 Chapter 8. Meeting Agendas
1. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below.
A. Opening
1. Pledge of Allegiance
2. Roll Call
B. Ceremonial matters
The presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative action. In order to ensure the business of the meeting can be handled timely, no more than three (3) items will be scheduled under ceremonial in any meeting; only one speaker representing the group; and no more than three (3) presentation slides may be used.
C. 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.
D. 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. 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 will be provided later in the agenda, if needed.
E. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.
F. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.
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Non-routine items requiring an oral presentation and discussion before action is taken.
H. Reports and Announcements
City Manager, City Attorney, and Council Members report on their various assignments and liaison roles, and Council Members may make individual requests to schedule future items for consideration. A majority vote of Council is required to place a request on a future agenda. If a Council Member is going to make a request to agendize an item, such as a resolution of support, a copy of the proposed resolution should be send no later than the time of the agenda packet issuance in order to give the other Council Members adequate time to review and determine if it is something they would like to support I. Additional Public Comment (if needed)
J. Adjourn
2. Agenda Item Submission
A. Persons who can place matters on the agenda: City Manager or City Attorney B. Council Member:
1. A Council Member may request an item be considered on a future agenda and, upon agreement through a vote of a majority of Council, staff will prepare an agenda report and place the item on a future agenda. Before the vote staff will provide information on how much staff time is estimated to be required to produce the agenda report.
2. Council Members may make this request verbally during a meeting or may submit a written request.
C. Members of the Public
1. A member of the public may request Council action in the following ways:
a. Write a letter to the City Council
b. Speak during the Public Comment period at a City Council meeting c. Attend annual Council goal setting meeting and provide input
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5 2. Upon agreement of a majority of the City Council, Council will determine whether to place on a future agenda an item requested by the public.
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5 Chapter 9. Financial Matters
1. Council Member Compensation
A. State law sets the overall level of compensation for City Council Members (California Government Code § 36516).
B. Compensation of Council Members is set by Resolution (see the San Mateo City Charter, Section 2.03 Compensation).
C. Council Member benefits are established in San Mateo City Charter, Section 2.04 Benefits and Expenses.
D. A full explanation of Council Member compensation is available on the City’s website.
2. City Council Expense Reimbursement Policy
A. Authorized Expenses
1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
a. Communicating with representatives of regional, state, and national government on matters of interest to the City.
b. Meeting with City staff on matters relating to City business. c. Attending educational seminars designed to improve officials’ skill and information levels.
d. Participating in local, regional, state, and national organizations whose activities effect the City’s interests; however, a member of the City Council shall not accept an elected or appointed position that would require anticipated costs to the City of more than $100 annually without City Council approval.
e. Recognizing the service to the City (for example, thanking a longtime employee with a retirement gift of nominal value). f. Attending fundraising events for nonprofit entities providing services of benefit to the City and /or its residents.
g. Attending City events.
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5 h. Implementing a City approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member.
2. All other expenses require prior approval by the City Council.
3. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.
B. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. If expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.
1. Airfare
Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible should be utilized.
2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.
3. Automobile
Mileage shall be reimbursed at IRS rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses. In addition, drivers
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5 may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.
4. Car Rental
Rental rates that are equal or less than those available through the State of California’s website Car Rental Resources for State Travel shall be considered the most economical and reasonable for purposes of reimbursement under this policy.
5. Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, rates that are equal to or less than the group rate at the host hotel are presumed to be reasonable and reimbursable for purposes of this policy.
6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.
7. Lodging
Council members are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available. If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the United States General Services Administration (GSA) maximum rate allowed by location (Per Diem Rates | GSA). This maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member
8. Meals
The City will pay for a Council member’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that an employee elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the
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5 GSA amount eliminates the need for employees to submit receipts. Thus, the Council member only needs to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.
When the meal function is an organized event, the official or employee shall be reimbursed the amount being charged by the event organizer for the meal. The City will not pay for alcohol/personal bar expenses.
9. Taxis/Shuttles
Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time-efficiency.
10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.
11. Transportation
Officials traveling on City business shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct, time-efficient route.
Government and group rates must be used when available.
C. Expense Reports
1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.
2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.
3. Expense reports are a public record.
D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.
E. Reports on Meetings
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5 Each official shall briefly give an oral report on any Brown Act meetings they attended for which they receive expense reimbursement at their next City Council, Board, or Commission meeting.
F. Violation of this Policy
Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.
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5 Chapter 10. Communication
1. All communications are public records.
All letters, memoranda, email communications, texts and other social media platform writing involving City Council Members and members of boards, commissions, committees, and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.
2. The Council, in adopting this policy, does not waive attorney-client-privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.
3. Ralph M. Brown Act
Each Council Member should be mindful of all of the requirements of the Brown Act in communicating with each other.
4. Mail Processing
A. Members of the City Council may receive mail and other materials through City Hall.
B. City Clerk staff open all incoming mail for the Mayor and Council Members, unless it is labeled personal and confidential.
C. City Clerk’s Office staff disseminate these materials to individual Council Members.
City Staff will scan and email correspondence.
D. General correspondence addressed to Council Members as a whole may be opened and delivered to all Council Members, if appropriate.
5. Correspondence
A. The City Clerk is authorized to receive and take administrative action on all correspondence directed to the City Council. The City Clerk may also respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond. A courtesy copy is provided to each Council Member.
B. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packet is to be compiled and distributed to the City Council prior to the City Council meeting (known as a Dais packet). This additional correspondence is
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5 appended to the Agenda Report as public comment on the public meeting portal and in the records repository permanent record.
C. After the City Council has taken a position on an issue, official correspondence should reflect this position. While Council Members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official City Council title, and staff support should not be utilized. In addition, City letterhead and staff support cannot be utilized for personal or political purposes.
D. City letterhead, logo, insignia and brand, as well as staff support, cannot be utilized for personal or political purposes.
6. Electronic Communication Record Retention
A. All emails sent and received through the City server are saved for at least two years on the City’s network and are subject to the Public Records Act.
B. Communication on social media sites are saved for at least two years.
C. Text messages sent on any City-provided device are saved for at least two years.
7. Social Media Use as a Council Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. These may include (without limitation): Facebook, Twitter, Instagram, YouTube, TikTok, Snapchat, blogs, etc.
The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If Council Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.
A. Brown Act: Social media postings may turn into an interactive dialogue. The Brown Act has expanded to provide guidance on elected officials use of media platforms that are free of charge and open and accessible to the public.
1. Permitted Uses: You may answer questions, provide information to public and solicit information from the public about city business; share a City post to your Council Member site; and tag other elected officials in a post.
2. Prohibited Uses: A majority of the members may not use social media to discuss agency business and a member may not respond directly to any posting by another member regarding agency business including no ‘likes’ ‘thumbs up’, ‘emojis’ or other symbols.
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5 B. First Amendment. Councilmember social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.
C. Public Records: Members are prohibited from deleting social media posts and related comments regarding any City-related matters to avoid violating the California Public Records Act. Social media is subject to the City’s record retention schedule.
D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. When possible, news of citywide importance should first be announced by the official City-affiliated accounts then can be reshared by Council Members.
Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Council or City. Members should be mindful of recognizing that accomplishments of the City or Council are achieved by collective action of the entire body or organization.
8. Written Communications for Council Meetings
D. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm the Wednesday before the Council meeting. This is to allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council.
E. To be included in the Dais packet, communication may be received up until 4:00 pm the day of the scheduled meeting.
F. Materials distributed to Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Council Member, or at the conclusion of the meeting if prepared by another person.
G. If a Council Member receives materials regarding an agenda item, they shall forward it the City Clerk and the City Manager as soon as possible.
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5 H. If late correspondence is received, the City Council will determine at the meeting whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project, or significant new information has become known.
9. Council Communication to Boards and Commissions
A. Council Members should be mindful not to unduly influence—through their attendance—the decision at a Board or Commission meeting so as not to get ahead of the process.
B. It is not appropriate for a Council Member to make public comments at a Board or Commission meeting.
10. Council - Staff Relations
A. Individual Council Members may make requests of City staff through the City Manager or Department Head for limited research and information without the formal concurrence of a majority of the member’s colleagues. Requests that will require significant staff time may be referred to the full Council and only pursued if supported by a majority of the Council.
B. Council Members are encouraged to submit their questions on agenda items to the City Manager or Department Head (copying the City Manager) as far in advance of the meeting as possible so that Staff can be prepared to respond at the Council meeting.
C. Council Members should direct any questions on agenda reports to the City Manager or designee.
D. Clarifications or technical questions will be answered before the meeting whenever possible.
E. Questions and all Staff-prepared responses will be forwarded to all Council Members.
11. Speaking for “the City”
Similar to written correspondence, when Council Members are requested to speak to groups or are asked the City Council’s position on an issue, the response should reflect the position of the City Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.
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5 12. Speaking as an Individual
On occasion, Council Members may wish to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the City Council as a whole, but for themselves as an individual member of the Council. City letterhead and office support may be utilized in these circumstances.
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5 Chapter 11. Legislative
1. Council Legislative Committee
A. It is the policy of the City Council that the Council be involved in the development of the City’s position on significant pending federal and state legislation that may directly impact the City of San Mateo.
B. The offices of Mayor and Deputy Mayor are the Council’s Legislative Committee.
C. The Legislative Committee may meet annually or as needed to draft the City’s legislative priorities; and shall meet when necessary to develop recommendations for the City’s position on legislative matters.
D. Pending legislation for consideration by the Legislative Committee can be submitted to the Committee by a Council Member, City Manager, or by a Commission Staff Liaison if a majority of their commission voted in favor of submission to the Legislative Committee.
E. The Committee’s recommendations shall be presented to the City Council for its consideration; if there is a pressing and urgent need to comment on pending legislation and getting approval in a City Council meeting is not practical, the Legislative Committee may take immediate action to communicate with legislators and copy the entire City Council on the communication and provide a brief report of action taken under Reports and Announcements at the next City Council meeting
F. The Council shall direct the Mayor or other City official to communicate the City’s position on legislative matters to the appropriate legislative bodies.
2. Ceremonial Matters
A. There are several different types of action the Council may take to provide recognition or express appreciation:
1. Certifications of Appreciation or Recognition
Commendations typically issued to acknowledge the activities of a person or organization. These certificates may be issued by any member of the Council without formal action. Examples of traditional recipients would include departing Board and Commission Members, high school students with 4.0 grade point averages, Chamber of Commerce Outstanding Businesses Awards, winners of local art or speech contests, etc.
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5 2. Commendatory Resolutions
Typically used to handle matters requiring some type of formal memorialization such as the retirement of a long-tenured employee, or outgoing Mayor or Council Member.
3. Proclamations
Public announcements directing attention to a person, organization, or event. Proclamations will be issued subject to the policy described below.
B. Preparation of City Proclamations
1. It is the policy of the City Council to issue proclamations for certain events or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents. Examples of causes for which proclamations are regularly and routinely issued include; but are not limited to: notable accomplishments by citizens, youth groups, schools, local organizations, non-profit groups, and local events that deserve special recognition. Discretion should be used in determining whether or not to issue a proclamation. Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.
2. It will be the policy of the City Council to process requests for proclamations in the following manner:
a. The City Clerk will review the request with the Mayor. b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct the City Clerk to prepare the proclamation and the proclamation will be issued. c. If the Mayor determines the proclamation request is not consistent with the policy stated above, the request will be routed to the other Council Members to determine if there is interest in issuing the proclamation.
d. If a Council Member has interest in issuing the proclamation that the Mayor determined was not consistent with this policy, that Council Member will sponsor the item and shall be responsible for drafting the language to be contained in the proclamation. The sponsor Council Member shall provide the draft proclamation language to the City Clerk.
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5 e. Upon receipt of the draft proclamation language, the City Clerk will place the item for consideration to considering issuing on the Consent Calendar at the next available meeting. The proclamation will be issued upon a majority vote of the Council. Depending on the nature and time-sensitivity of the request, the Mayor and Deputy Mayor can act without full formal concurrence of the Council when the situation warrants.
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5 Chapter 12. Council Liaison Roles
1. The City Council will collectively review and approve liaison appointments. The recommended appointments will, to the best of the Council’s ability, attempt to match the requested positions with the needs of the respective body and the experience of the Council Member, while also attempting to equitably balance the distribution of assignments.
2. It is generally suggested that newly elected Council Members undertake a limited number of assignments during their first year, to allow opportunity to gain familiarity with the obligations and expectations of the role.
3. The assignment of City Council liaisons is conducted annually according to the following process:
A. Following the reorganization in December, the City Clerk will distribute a memo to each Council Member which will include a list of potential liaison assignments.
B. Each Council Member will complete the list in a manner which prioritizes the assignments of interest to them; and will submit their list to the City Clerk in December.
C. The ranking process uses the following methodology:
1. Top priority = I really want this (please mark at most only two #1s)
2. This is something I would like to have
3. I’ll take this one for the team
4. I do not want (perhaps the meeting timing does not work for you) D. The City Clerk will assemble responses into a table and provide to the Mayor. The Mayor uses the following additional criteria to make assignments: Continuity assignments remain with the assignee unless the member is opting to step down from the role (see section 5 below); assignments will be assigned by highest priority desired with 1’s first, 2’s second etc.; in case of ties, overall balance and then seniority will be taken into account (for example, did the Council Member get their other first choice? Does the Council Member have other “plum” continuity assignments; Ideally, everyone will get at least one of their top priorities; and you do not need to use your top rankings to hold onto continuity assignments.
E. In the event that a liaison has not been identified for each commission, the Mayor will divide any remaining liaison positions amongst the Council, attempting to equitably balance the distribution of the assignments and associated workload.
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5 F. The Mayor, working with the City Manager and City Clerk, will utilize the responses to present an Agenda Report and conduct a discussion at the first meeting in January regarding the liaison appointments.
G. The Mayor and Deputy Mayor have traditionally been assigned to the following bodies:
1. City Council Legislative Committee - ordered by Resolution 158 (1981)
2. City Budget and Audit Committee
3. Council of Cities – City Selection Committee (Mayor)
4. Honorary Chair of Sister Cities Association (Mayor)
H. The City Clerk shall maintain a list of all such appointments. The final liaison list will be distributed to all Council Members and posted on the City’s website.
4. Liaison to the City’s Boards and Commissions
A. Each of the City’s Boards and Commissions has a Council Member who serves as its Council liaison.
B. Council Members should act as an advisor and resource to commissioners and the commission’s staff liaison when issues regarding process, procedure, attendance, interpersonal or public relations arise.
C. The Council liaison serves on the Appointment Subcommittee for the Commission they are assigned to. In the event the Mayor is serving as the commission’s liaison, the minimum subcommittee shall consist of the Mayor and Deputy Mayor.
5. Continuity Appointments to External Agencies
A. The City Council has identified certain appointments for which there is a strong need and desire for consistency and continuity in terms of Council participation and representation and the Mayor will maintain the current Council Member assigned as liaison to that body. The Council will have an opportunity at its annual review to see if a supplemental designation is needed due to changing conditions or if new bodies have been added to the list. All continuity appointment should also have an Alternate assigned, so a member can be ready to take over the role if needed.
1. B. Liaison appointments to these bodies would not annually be re-assigned to another Council Member, as this would not provide the desired consistency. If it became necessary to re-assign the liaison for one of these bodies as the result of a vacancy or other reason, the liaison role would not typically be assigned to a newly
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5 elected Council Member. A Council Member with an interest in serving as liaison to any of these continuity bodies should confer with the current representative; and consider acting as an alternate or “shadowing” the current liaison for a time to learn more about the body’s functions and duties.
C. If a Council Member who is assigned as liaison to one of the aforementioned bodies anticipates leaving office, every effort should be made to mentor another Council Member so that those critical relationships can continue uninterrupted.
6. Council of Cities Appointments
A. In the case of appointments made by the regional Council of Cities - City Selection Committee, upon receipt of the City Selection Committee agenda packet listing all positions and nominees to be voted on, if time allows, the City Council may schedule a special meeting prior to the Council of Cities meeting to discuss and agree upon preferred appointees. this will allow the Mayor, or their proxy, to have clear direction on whom to vote for that reflects the best interest of the City. If scheduling a meeting is not practical, the Mayor and Deputy Mayor may confer on the vote. In the case of nominations from the floor at the City Selection voting meeting, the Mayor, or their proxy, will vote their conscience based on the feedback previously given by the City Council as a whole. In December every year upon the Mayor’s rotation, a standing proxy shall be filled out and filed with the City Selection Committee for the year naming who may vote in the Mayor’s absence. The Deputy Mayor will be given first priority followed by any Council Member who has the most latitude and ability to attend the meetings.
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5 Chapter 13. Boards and Commissions
1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.
2. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.
3. Reappointments, Vacancies, and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.
B. The City Clerk then shares the results with each appointment subcommittee and receives direction on the need to schedule an agendized appointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment.
However, if it is determined that a commissioner’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council. Any commission seat selected for re-interviews, means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants.
C. The City Clerk recruits for all open seats utilizing multiple avenues including:
advertising, website, social media, and networking lists to present qualified candidates to the Council for consideration.
D. The interview and selection of candidates is an open process.
E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate sub-committee, in a noticed special meeting, to interview applicants and form their recommendation.
F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) serve staggered terms.
G. An “Appointment Subcommittee” may include up to five City Council members.
The City Council shall appoint the members of the Appointment Subcommittee.
As a minimum, the Appointment Subcommittee shall include; and a quorum shall be established as: 1) the Mayor (or their Council designee) and the Council liaison to the Commission. The Department Head affiliated with that Commission shall participate as a non-voting member of the Appointment Subcommittee.
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5 H. Except when reappointment is recommended, or an established eligibility list is used, the Appointment Subcommittee shall conduct candidate interviews and make a recommendation for Council approval. Interviews shall be conducted in a noticed public meeting with at least a quorum of the Appointment Subcommittee present.
I. At the conclusion of an Appointment Subcommittee’s interviews of candidates, and the agreement on the recommended candidate, the appointment subcommittee may then designate up to two applicants who would be considered for listing on the eligibility list for a one-year period. The eligibility list is then ranked according to preferred next seating to a Commission vacancy. The list is only established with the full agreement of the Appointment Subcommittee. It is not a requirement that an eligibility list be established if there are not applicants that are deemed qualified. This list may be used for automatic next appointments in the event of an unscheduled vacancy, the next person on the eligibility list would be submitted as the recommended candidate from the appointment subcommittee on the next City Council regular meeting Consent Calendar.
J. The full Council will receive the Appointment Subcommittee’s recommendation and the full list of candidates for each opening.
K. The Appointment Subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular Council meetings. An agenda report summarizing the Subcommittee’s recommendations and including the full list of candidates reviewed for each opening will be provided to the full City Council. Council may adopt the recommendations as presented or pull the item for further discussion. The City Council can consider for appointment any of the candidates interviewed.
L. A majority vote of Council approves the appointees.
M. Commission recruitment begins annually in the month of March, and completes in May, in order to ensure continuity on commissions before terms end June 10th.
N. Unscheduled Vacancies
1. Subject to the Maddy Act (California Government Code § 54970), if an unscheduled vacancy occurs on a commission, the Council may either appoint from the pool of applicants on file (the eligibility list if there is one available) or open up the position to new applications where the above process is followed.
2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.
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5 3. All appointments occur in an open public meeting.
O. Youth Activities Council (YAC) Selection Process
The YAC is the only group not appointed directly by the City Council but through an application method administered by the Parks and Recreation Department.
High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year.
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5 Chapter 14. References
1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI
2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)
3. California Government Code, § 53234 et seq.
4. San Mateo Municipal Code
5. California Public Records Act (California Government Code, § 6250 et seq.)
6. AB 1234 California Government Code, § 53232.3
7. Rosenberg’s Rules of Order
8. Emergency Guide for Elected Officials
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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: 10-1511 File ID: 22-6760 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 17, 2022
SUBJECT:
Grand Jury Report: "A Delicate Balance between Knowledge and Power: Government Transparency and the Public's Right to Know" – Response Letter
RECOMMENDATION:
Approve the letter responding to the August 9, 2022 report by the San Mateo County Civil Grand Jury entitled, "A Delicate Balance between Knowledge and Power: Government Transparency and the Public's Right to Know" and authorize the Mayor to send the response letter on behalf of the City Council.
BACKGROUND:
On August 9, 2022, the San Mateo County Civil Grand Jury released a report regarding how San Mateo County jurisdictions meet the requirements of the California Public Records Act (PRA), which requires that inspection or disclosure of governmental records be available to the public upon request. With the advent of electronic communications and the potential that cities may be facing increased complexity and potential burdens in the processing of requests for public records, the Civil Grand Jury sought to understand the impacts on cities responsiveness to PRA requests. This report focused on four main areas: 1) City’s policies and procedures for handling requests; 2) the types of record requests received; 3) the training of key employees, elected officials, and appointed officials about PRA related matters; and 4) how legal changes may be impacting cities regarding fulfilling PRA requests.
The Civil Grand Jury made five findings and five recommendations after they completed their study. The findings and recommendations, which can be reviewed in the Grand Jury Report (Attachment 2) on page 21, had to do with establishing PRA policy and procedures; using commercially available software and a public portal for accountable tracking and transparency; PRA having a prominent place on the City’s website; having a Records Clean-up Day; and having a PRA request form available online. The five recommendations were directly linked to the findings and provided deadlines for the City to cure each identified deficiency area or implement recommended best practices.
The Civil Grand Jury found that the City of San Mateo had no deficiencies in its PRA processes and uses commercially available software for processing PRAs and additionally holds annual records clean-up days. The Grand Jury had no recommendations for the City of San Mateo to fulfill. However, the City is still required to submit a letter to the Civil Grand Jury no later than November 9, 2022, stating its agreement or disagreement with the findings and timeframe for implementation of the recommendations. The proposed letter is submitted as Attachment 1.
BUDGET IMPACT:
There is no budget impact for this administrative action.
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ENVIRONMENTAL DETERMINATION:
This response letter 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 - Response Letter
Att 2 - Grand Jury Report
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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October 17, 2022
Hon. Amara A. Lee
Judge of the Superior Court
c/o Jenarda Dubois
Civil Grand Jury Coordinator
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Re: Response to Civil Grand Jury Report: “A Delicate Balance between Knowledge and Power:
Government Transparency and the Public’s Right to Know” Honorable Judge Lee,
Thank you for the opportunity to review and comment on the above referenced Grand Jury Report filed on August 9, 2022. The City of San Mateo’s response is it agrees with the findings and notes that the City of San Mateo had no identified recommendations and therefore nothing further to implement.
As a City, we will continue to emulate best practices to ensure responsiveness to the California Public Records Act.
Thank you for your feedback.
Respectfully,
Rick Bonilla
Mayor, City of San Mateo
CITY OF SAN MATEO
OFFICE OF THE MAYOR
330 W. 20th Avenue
San Mateo, CA 94403-1338
www.cityofsanmateo.org
(650) 522-7040
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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: 21-4678 File ID: 22-6650 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 17, 2022
SUBJECT:
Citywide Small Trash Capture Project – Agreement
RECOMMENDATION:
Approve an agreement with Schaaf & Wheeler Consulting Civil Engineers for design services for the Citywide Small Trash Capture Project in the amount of $112,300; establish a contingency reserve in the amount of $17,000 and authorize the Public Works Director to execute the agreement in substantially the form presented; and issue change orders within the contingency amount.
BACKGROUND:
The State Water Resources Control Board issued the countywide municipal stormwater permits as one Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP) to regulate stormwater discharges from various municipalities and local agencies in the San Francisco Bay Area, including San Mateo County. The MRP requires that the City achieve a 90% trash load reduction by June 30, 2023 and a 100% reduction by June 30, 2025. The Citywide Small Trash Capture Project (Project) aims to help the City achieve the scheduled load reduction targets. The Project scope includes site investigations of 620 storm inlets throughout the City, field verification of the storm drain system connectivity, and development of plans for construction.
On August 15, 2022, the City issued a Request for Proposals for engineering design services for the Project. Two proposals were received on September 7, 2022. After review of the proposals, staff determined that Schaaf & Wheeler Consulting Civil Engineers was best qualified for this Project due to their technical expertise, relative project experience, and involvement with the City’s trash capture efforts to date. Schaaf & Wheeler have designed all three large trash capture projects for the City. Based on the above, staff recommends awarding the design services agreement to Schaaf & Wheeler Consulting Civil Engineers.
BUDGET IMPACT:
Sufficient funds are available in the Small Trash Capture Devices Project (46C001) to award this agreement.
ENVIRONMENTAL DETERMINATION:
This project 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.
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ATTACHMENTS
Att 1 - Agreement
STAFF CONTACT
Elton Yee, Associate Engineer
[email protected]
(650) 522-7320
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AGREEMENT WITH SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS
FOR DESIGN PROFESSIONAL SERVICES
FOR
CITYWIDE SMALL TRASH CAPTURE PROJECT
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 Schaaf & Wheeler Consulting Civil Engineers, a corporation, (“CONSULTANT”), whose address is 1171 Homestead Rd., Suite 255, Santa Clara, CA 95050:
RECITALS:
A. CITY desires certain professional design services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these professional design 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.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
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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 upon execution of this Agreement and be completed within six (6) months.
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 $112,300, 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.
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.
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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 CONSULTANT 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 negligence, recklessness or willful misconduct to the maximum extent permitted by state law.
To the extent permitted by Civil Code section 2782.8, 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 - NONASSIGNABILITY
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.
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.
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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 sub-consultants 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: Elton Yee
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403
To CONSULTANT: Schaaf & Wheeler Consulting Civil Engineers Attn: Charles Anderson
1171 Homestead Rd., Suite 255
Santa Clara, CA 95050
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
T his 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 and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
CONSULTANT
Azalea Mitch
Public Works Director
Date Charles Anderson
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
ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
1. Project Management and Coordination
Schaaf & Wheeler will be made available to the city throughout this project via email and telephone.
This scope assumes 2 virtual meetings and 2 in-person meetings. Meeting agenda and minutes will be prepared. Milestone meetings are included within the individual tasks for detailed review of PS&E.
Drawings will go through internal QA/QC process prior to submittal to the City for review. A principal who has not worked on the drawings will be identified to provide independent QA/QC to ensure the City receives drawings.
Schaaf & Wheeler will also coordinate with vendors to ensure that adequate information is on the plan set, coordinate specifications, and make bid aware so multiple vendors can provide competitive bids.
Based on past experience, Schaaf & Wheeler does not anticipate any permits or agency approvals because the construction will be in existing stormwater infrastructure, not requiring any permits.
Monthly progress reports will be submitted with invoices to keep the City up to date on the progress of the project and schedule.
Deliverables:
▪ Baseline schedule
▪ Monthly project progress report and schedule submitted with invoice ▪ Meeting agendas and minute
2. Site Investigation
Schaaf & Wheeler will visit each catch basin to receive a device to determine constructability and collect measurements. Catch basins that are “daisy chained” will be identified and removal of device locations that can be treated downstream. Maps created as part of Task 2 will be field verified. Typical figures of catch basins with measured dimensions will be developed. This scope assumes 15 days of field work.
Deliverables:
▪ Field inspection forms
▪ Spreadsheet of collected data
▪ Figure of catch basins to have trash capture installed and those that do not require it ▪ Updated drainage areas to each device location
3. Plans, Specifications, and Estimates
Drawings will be prepared in ArcMap and based on GIS locations of catch basins. Sheets will include an overview and tiles, and then zoomed in sheets for locations with addresses and details on dimensions for each location.
Schaaf & Wheeler will prepare technical specification section that at least two vendors can bid on inlet trash treatment device(s). Scope excludes preparing front end specifications, which are assumed to be completed by the city. Includes preparing an engineer’s cost estimate. Scope excludes completing
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hydraulic calculations, specification section will include requirements for device hydraulic performance.
Schaaf & Wheeler will package the maps, technical specification and estimate for City review. This assumes City responds to the 30% and 90% sets with one set of compiled comments. This scope also assumes that no utility coordination will be required as construction will be within existing infrastructure and no excavation will be required.
Deliverables:
▪ 30% PS&E submittals in both paper and electronic format (MS Word, Excel, and pdf) ▪ 90% PS&E submittals in both paper and electronic format (MS Word, Excel, and pdf) ▪ Final bid documents: submit original stamped drawings and complete contract book including bid documents, general conditions and special provisions in both paper and electronic format (MS Word and pdf, plans in AutoCAD and pdf)
▪ Final quantity estimates, quantity calculation sheets, final construction cost estimate submitted in the format of the schedule of bid items in both paper and electronic format (MS Word and pdf), including detailed construction cost estimate documentation. ▪ Spreadsheet summarizing all locations with addresses, dimensions, depths, etc. ▪ GIS shapefiles of locations and drainage areas
4. Bid Support
Schaaf & Wheeler will attend a pre-bid meeting and respond to questions concerning the plans, specification and other bid documents. Schaaf & Wheeler will prepare contract addenda, if needed.
Deliverables:
▪ Contract addenda, if needed, for distribution by City. ▪ Written responses to bidder’s questions for distribution by City during bid phase
5. Engineering Services During Construction
Schaaf & Wheeler will be available to review submittals and respond to RFIs. This scope includes the reviews of up to 4 submittals and responding to 4 RFIs. In addition, Schaaf & Wheeler will provide final inspection to ensure devices are installed according to specifications. This scope includes 4 days of field inspections.
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Proposed Budget and Fee Schedule
Schaaf & Wheeler 17
Proposed Budget and Fee Schedule
Schaaf & Wheeler’s standard hourly rate schedule is listed below with a breakdown of our maximum "not to exceed" fee included on the following page.
Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
Current rates by classification are listed below:
Classification Rate/Hr Classification Rate/Hr
Principal Project Manager $250 Construction Manager $235 Senior Project Manager $235 Senior Resident Engineer $210 Senior Engineer $220 Resident Engineer $190
Associate Engineer $200 Assistant Resident Engineer $175 Assistant Engineer $185
Junior Engineer $175
Designer $160
GIS Analyst $160
Technician $155
Engineering Trainee $125
Litigation Charges
Work done in preparation for litigation and other very high level-of-expertise assignments is charged at $350 per hour. Court or deposition time as an expert witness is charged at $450 per hour.
Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.
Effective 1/1/22
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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.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
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Waiver of Subrogation
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 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
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
3 6
4 9
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: 10-4691 File ID: 22-6596 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 17, 2022
SUBJECT:
Use of Public Right-of-Way – Agreement
RECOMMENDATION:
Approve a Utility Equipment Agreement with Crown Castle Fiber, 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 presented.
BACKGROUND:
On June 24, 1999, the California Public Utilities Commission (CPUC) granted NTC Network, LLC a Certificate of Public Convenience and Necessity (CPCN) that authorized it to operate as a facilities-based competitive local carrier and to offer resold local exchange services within the territories of Pacific Bell, GTE California Incorporated, Roseville Telephone Company, and Citizens Telephone Company. On June 12, 2014, the CPUC accepted Advice Letter No. 6 merging NTC Network, LLC and Freedom Telecommunications, LLC by Pro Forma Consolidation. On November 24, 2018, the CPUC accepted Advice Letter No. 13 merging Freedom Telecommunications, LLC into Crown Castle Fiber, LLC by Pro Forma Consolidation. The consolidation documents and CPCN are included in Attachment 1.
Crown Castle Fiber desires to construct, install, maintain, and operate fiber optic network facilities within the City’s public right-of-way. This will allow Crown Castle Fiber to provide telecommunication services, such as fiber and internet, to residents and other clients.
The City has the authority to regulate the terms and conditions for Crown Castle’s use of the public right-of-way through a Utility Equipment Agreement (UEA) (Attachment 2). The UEA will authorize telecommunication services under applicable federal and state law. However, it will not authorize cable (TV), broadcast television, or wireless (small cell) services.
The main terms and conditions of the UEA are as follows:
1) The term of the Agreement is ten (10) years from the effective date and may only be amended in writing and signed by both parties.
2) Crown Castle Fiber shall be required to remove or relocate its facilities, without cost or expense to the City, when made necessary by any lawful change of grade, alignment, or width of any street, including the construction, maintenance, or operation of any underground facility by the City, and/or construction, maintenance, or operation of any other City underground or above ground facilities. 3) Crown Castle Fiber shall be required to apply for encroachment permits and provide the necessary fees, deposits, and bonds prior to doing work in the public right-of-way.
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CITY OF SAN MATEO
3 6
4 9
BUDGET IMPACT:
Crown Castle Fiber, LLC shall be required to pay all necessary encroachment permit fees, deposits, and bonds.
ENVIRONMENTAL DETERMINATION:
In accordance with CEQA Guidelines Section 15378(b)(5), Council Action on this item is not a project subject to CEQA because execution of a License Agreement is an administrative activity that will not result in direct or indirect physical changes in the environment.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Consolidation Documents and Certificate of Public Convenience and Necessity Att 2 - Agreement
STAFF CONTACT
Matthew Trieu, Engineering Technician
[email protected]
(650) 522-7382
Tracy Scramaglia, Senior Engineer
[email protected]
(650) 522-7316
147 of 676
CALIFORNIA PUBLIC UTILITIES
COMMISSION
Advice Letter Filing Summary Sheet
(PAL)
(Date Filed / Received Stamp by CPUC Industry Division) Date AL served on parties: _________________
Company Name: Freedom Telecommunications, LLC CPUC Utility Number U-6190-C Address: 2000 Corporate Drive GRC-LEC URF-Carrier Other City, State, ZIP: Canonsburg, PA 15317
Commission Resolution Requested
Carrier of Last Resort (See D.96-10-066)
Filing AL #: _13________ Requested Effective Date: November 24, 2018 AL Tier I II III Name: Email Address: Phone No.: Fax No.:
Filer
Tamar Finn
Brett P. Ferenchak
Patricia Cave
Morgan, Lewis & Bockius
LLP
[email protected]
[email protected]
[email protected]
202-739-3000 202-739-3001
Certif.
Fernanda Biehl [email protected] (703) 434-8533 No. Tariff Sheets: N/A
(Name, email address & Phone and FAX numbers are Required for “Filer”) Tariff Schedules: ___ N/A_____________________________ Keyword: Carrier Information Changes (see keyword list on reverse)
For Contract Keyword, Type: Government Other Date Executed ____________ Contract Total Rev ($)_______________ Subject of filing: _Pro Forma Consolidation including assumption of CPCN and Utility Number__________ (Service(s) included)
Authorization for filing: General Order 96-B, D.07-09-019, D.04-10-038, D.94-05-051, D.97-06-09, and D.98-07-094 (Resolution #, Decision #, etc.)
Affected services:_____________________________________________________________________________ (Other services affected, pending or replacement AL filings) Rate Element(s) affected and % change: _________________________________________________________ (Non-recurring and / or recurring)
Customer Notice Required (if so, please attach)
Notes/Comments: __________________________________________________________________________________________________________________________ (Other information & reference to advice letter, etc.)
File Protest and/or Correspondence to:
Director, Communications Division
505 Van Ness Ave., San Francisco, CA 94102
and if you have email capability, ALSO email to:
[email protected]
Protest also must be served on utility:
(see utility advice letter for more information)
GRC-LEC = Cost of Service LEC Carrier
URF-Carrier = Uniform Regulatory Framework Carrier
(see D.06-08-030/D.07-09-019)
OTHER = Wireless (CMRS) Carrier
(FOR CPUC USE ONLY)
Resolution Required
Executive Action Resolution Req’d.
TD Suspension on: ___ / ____ /____
Comm. Suspension on: ___ /___/___
Resolution No.: T - ____________
Rev. 09/24/07
Supv. / Analyst ________________ /_______________
Due Date to Supv.: _______________________________
Analyst Completion Date: _________________________
Supervisor Approval Date: ________________________
AL / Tariff Effective Date: _________________________
Notes: ___________________________________________
148 of 676
CALIFORNIA PUBLIC UTILITIES COMMISSION
KEYWORD LIST
FOR TELECOMMUNICATIONS UTILITY
ADVICE LETTER FILINGS
(Revised June 30, 2008)
Keywords: Description:
Service Changes
Any permanent change(s) to currently tariffed
rates, charges, and/or terms and/or conditions of
service
Special / Provisional Offerings
Any non-permanent change(s) to currently
tariffed rates, charges, and/or terms and/or
conditions of service (i.e. promotions and
grandfather requests, etc.)
Decision / Resolution Compliance
Any filing made in compliance with a Commission
order (indicate order number(s))
Contracts
Any contract or agreement other than a
negotiated interconnection agreement; please
indicate type (government or other),date
executed, and total revenue ($)
Interconnection Agreement
Any negotiated interconnection agreement per
Section 252 of the Telecommunications Act
New Service Any new tariffed service offering
GRC Any General Rate Case filing
Carrier Information Changes
Name, DBA, contact information, mergers,
transfers of control, and other licensing actions
not requiring a formal application
California High Cost Fund-A (CHCF-A)
Any CHCF-A program filing requiring
Commission action by Resolution
California High Cost Fund-B (CHCF-B)
Any CHCF-B program filing (including Carrier of
Last Resort certification) requiring Commission
action by Resolution
California Teleconnect Fund (CTF)
Any CTF program filing requiring Commission
action by Resolution
Universal Lifeline Telephone Service (ULTS)
Any ULTS program filing requiring Commission
action by Resolution
Deaf and Disabled Telephone Program (DDTP)
Any DDTP program filing requiring Commission
action by Resolution
Eligible Telecommunications Carrier (ETC)
Filings made to be designated as an ETC, to
continue ETC designation, or to have ETC
designation rescinded.
URF Carrier detariff filing Tier 2 filing requesting to detariff pursuant to D.07-09-018, or file notice of new detariffed offers.
149 of 676
STATE OF CALIFORNIA Governor
PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue
San Francisco CA 94102-3298
EDMUND G. BROWN JR.,
Freedom Telecommunications, Llc
IEC (Corp ID 6190)
Status of Advice Letter 13
As of November 27, 2018
Division Assigned: Telecommunications
Date Filed: 10-26-2018
Date to Calendar: 10-31-2018
Authorizing Documents:
Disposition:
Effective Date:
Resolution Required: No
Resolution Number: None
Commission Meeting Date: None
CPUC Contact Information:
AL Certificate Contact Information:
Pro Forma Consolidation including assumption of CPCN and Utility NumberSubject:
None
Accepted
11-24-2018
Tamar Finn
[email protected]
202-739-3000
[email protected]
415-703-1565
150 of 676
To: Telecommunications Carrier Filing Advice Letter
From: Telecommunications Division PAL Coordinator
Subject: Your Advice Letter Filing
The Telecommunications Division of the California Public Utilities Commission has processed your recent Advice Letter (AL) filing and is returning an AL status certificate for your records.
The AL status certificate indicates:
Advice Letter Number
Name of Filer
CPUC Corporate ID number of Filer
Subject of Filing
Date Filed
Disposition of Filing (Accepted, Rejected, Withdrawn, etc.) Effective Date of Filing
Other Miscellaneous Information (e.g., Resolution, if applicable, etc.) The Telecommunications Division has made no changes to your copy of the Advice Letter Filing; please review your Advice Letter Filing with the information contained in the AL status certificate, and update your Advice Letter and tariff records accordingly.
All inquiries to the California Public Utilities Commission on the status of your Advice Letter Filing will be answered by Telecommunications Division staff based on the information contained in the Telecommunications Division's PAL database from which the AL status certificate is generated. If you have any questions on this matter please contact the:
Telecommunications Division PAL Coordinator at (415) 703-1565, or by e-mail to [email protected]
STATE OF CALIFORNIA Governor
PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue
San Francisco CA 94102-3298
EDMUND G. BROWN JR.,
151 of 676
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Ave., NW
Washington, DC 20004-2541 +1.202.739.3000
United States +1.202.739.3001
Tamar Finn
Brett Ferenchak
Patricia Cave
[email protected]
[email protected]
[email protected]
October 25, 2018
VIA OVERNIGHT COURIER
Telecommunications Advice Letter Coordinator
Communications Division
California Public Utilities Commission
505 Van Ness Avenue
3rd Floor
San Francisco, CA 94102-3298
Re: Advice Letter No. 13 of Freedom Telecommunications, LLC (U-6190-C) Regarding the Pro Forma Consolidation of Freedom Telecommunications, LLC into Crown Castle Fiber LLC
Dear Telecommunications Advice Letter Coordinator:
Crown Castle Fiber LLC (“Crown Castle Fiber”) and Freedom Telecommunications, LLC (U- 6190-C) (“Freedom”) (together, the “Parties”) pursuant to General Order (“G.O.”) 96-B and Decision (“D.”) 07-09-019, D.04-10-038, D.94-05-051, D.97-06-096, and D.98-07-094, file this advice letter to request approval, to the extent necessary, to complete a Pro Forma Consolidation (as defined below) that will result in (1) the pro forma internal consolidation of Freedom into Crown Castle Fiber, which will result in Crown Castle Fiber assuming the Certificate of Public Convenience and Necessity (“CPCN”), operations and customers of Freedom and (2) pro forma changes in the ownership chain of Crown Castle Fiber.1 As a result of the Pro Forma Consolidation, Crown Castle Fiber also will assume Freedom’s Utility ID (U- 6190-C).
The proposed Pro Forma Consolidation is eligible for consideration under the Commission’s Advice Letter process because the Parties are both wholly owned by Crown Castle International Corp. (“CCIC”) and thus this transaction does not constitute market entry. No Party is subject to the requirements of Cal. Pub. Util. Code § 854(b) and (c), or has gross 1 The following affiliates of the Parties that hold CPCNs from the Commission will also consolidate into Crown Castle Fiber as a result of the Pro Forma Consolidation: CA – CLEC LLC dba Crown Castle CA-CLEC LLC (“CA-CLEC”) (U-6936-C), Crown Castle NG West LLC (“CCNG-West”) (U-6745-C), NewPath Networks, LLC (“NewPath”) (U-6928-C), Sunesys, LLC (“Sunesys”) (U-6991- C), and Wilshire Connection, LLC (“Wilshire”) (U-6076-C) (collectively with Freedom, the “Consolidating Entities”). CA-CLEC, CCNG-West, NewPath, Sunesys and Wilshire will file separate Advice Letters in connection with the Pro Forma Consolidation.
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Telecommunications Advice Letter Coordinator
October 25, 2018
annual California revenues exceeding $500 million. Further, no Party is owned or affiliated with a California incumbent local exchange carrier. The Pro Forma Consolidation does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment pursuant to California Environment Quality Act (CEQA) Guideline 15378.2
This Advice Letter qualifies for processing as a Tier II Advice Letter pursuant to Telecommunications Industry Rule 7.2(4). The Parties respectfully submit that there is no need for review beyond the 30-day review period for Tier II Advice Letters,3 and request that the Advice Letter be allowed to take effect 30 days after filing.
In support of this Advice Letter, the Parties state:
Description of the Parties
Crown Castle Fiber4 is a New York limited liability company. Crown Castle Fiber’s formation documents are provided as Exhibit A. Crown Castle Fiber’s certificate of authority to transact business in California is provided as Exhibit B. Freedom is a Delaware limited liability company. Both Crown Castle Fiber and Freedom are indirect, wholly owned subsidiaries of CCIC, a publicly traded corporation (NYSE: CCI). CCIC has no majority owner. The corporate headquarters of CCIC and the Parties is located at 1220 Augusta Drive, Suite 600, Houston, TX 77057.
The Parties’ business is building communications solutions for enterprise and carrier customers individually for each project’s needs. The Parties provide primarily facilities-based Private Line, Ethernet and Wavelength services to wholesale (e.g., other carriers) customers and customers in government, health care, education, financial services, and other enterprises.
Collectively, the Parties and their affiliates are authorized to provide telecommunications services in the District of Columbia and all states except Alaska, Montana and Wyoming. In California, Freedom is authorized to provide full facilities-based and resale competitive local exchange and interexchange service pursuant to a CPCN originally granted to predecessor company NTC Network, LLC (“NTC”) by D.99-06-083 and assumed by Freedom pursuant to NTC’s Advice Letter No. 6 dated May 12, 2014 and Freedom’s Advice Letter No. 4 dated May 12, 2014. While Crown Castle Fiber is not authorized to provide telecommunication in California, Crown Castle Fiber is currently authorized to provide intrastate telecommunications service in Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Maine, Maryland, Massachusetts, Missouri, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Texas, Vermont, and Virginia, as well as by the Federal Communications Commission to provide interstate and international 2 Following completion of the Pro Forma Consolidation, Crown Castle Fiber will comply with all requirements of Freedom’s CPCN granted in D.99-06-083 including those related to groundbreaking activities.
3 D.07-09-017, App. A, Rule 7.2.
4 Crown Castle Fiber was previously known as Lightower Fiber Networks II, LLC.
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Telecommunications Advice Letter Coordinator
October 25, 2018
telecommunications service. Upon completion of the Pro Forma Consolidation, Crown Castle Fiber will be authorized to provide telecommunications services in the same jurisdictions as its affiliates.
Crown Castle Fiber’s operations in California will be directed by the existing corporate management, technical, and operations staffs responsible for the telecommunications operations of the Parties and their affiliates today. A description of the background of Crown Castle Fiber’s key personnel, which demonstrates the extensive telecommunications experience of Crown Castle Fiber’s management team, is provided as Exhibit C.
Contacts
Questions, correspondence or other communications concerning this Advice Letter should be directed to:
For the Parties:
Tamar Finn
Brett P. Ferenchak
Patricia Cave
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Avenue, NW
Washington, DC 20004
Phone: (202) 373-6000
Fax: (202) 373-6001
[email protected]
[email protected]
[email protected]
With copies for the Parties to:
Fernanda Biehl
Manager, Regulatory Affairs – Fiber
Crown Castle Fiber
2000 Corporate Drive
Canonsburg, PA 15317
Tel: 703-434-8533
Fax: 703-434-8510
[email protected]
Description of the Pro Forma Consolidation
The “Pro Forma Consolidation” will involve a series of planned intra-company transactions whereby certain of Crown Castle Fiber’s operating company affiliates, including Freedom,5 will be consolidated into Crown Castle Fiber and certain of Crown Castle Fiber’s parent companies also will be consolidated. The Pro Forma Consolidation is being undertaken, in part, to streamline the corporate structure and operations of over 20 operating entities of CCIC that provide fiber-based services into a single unified and rebranded operating entity:6 Crown Castle Fiber LLC.
The series of planned intra-company transactions will involve a change in the intermediate corporate holding company structure between CCIC and Crown Castle Fiber. Upon completion of the Pro Forma Consolidation, Crown Castle Fiber will be a direct, wholly owned subsidiary of Crown Castle Fiber Holdings Corp., a Delaware corporation, which is currently a Delaware 5 As stated in note 1 above, CA-CLEC, CCNG-West, NewPath, Sunesys and Wilshire will also consolidate into Crown Castle Fiber as a result of the Pro Forma Consolidation 6 Certain other operating entities that do not operate in California may be retained for other reasons.
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Telecommunications Advice Letter Coordinator
October 25, 2018
limited liability company named LTS Group Holdings, LLC7 and a direct, wholly owned subsidiary of Crown Castle Operating Company (“CCOC”). CCOC is a Delaware corporation and a direct, wholly owned subsidiary of CCIC.
Charts depicting the current and post- Pro Forma Consolidation ownership structure of the Parties (and the Consolidating Entities) are attached as Exhibit D. Upon completion of the Pro Forma Consolidation, Freedom will cease to exist and Crown Castle Fiber will continue providing fiber-based services to Freedom’s existing wholesale and enterprise customers pursuant to the same contracts and other service arrangements as those customers currently have with Freedom. Therefore, the Parties request that the Commission re-assign Utility Number U-6190- C (and the CPCN granted under that Utility Number) to Crown Castle Fiber. All assets, contracts and property of the Parties will be owned by Crown Castle Fiber operating under Utility Number U-6190-C following the Pro Forma Consolidation.
Financial Information
Crown Castle Fiber will continue to possess the requisite financial resources to provide telecommunications services in California following the Pro Forma Consolidation. The Parties do not maintain financial statements separate from the consolidated financial statements of their ultimate parent company, CCIC. The most recent annual consolidated financial statement of CCIC, excluding the notes, submitted on SEC Form 10-K is provided as Exhibit E.8 Customer Transfer Notification
The Pro Forma Consolidation will be seamless to customers and will not result in any change to their services, including to the rates, terms and conditions of those services. Consistent with Industry Rules 3 and 7.2, all customers were notified of the Pro Forma Consolidation pursuant to their contracts with Freedom consistent with the sample notice provided in Exhibit F. The notice was sent to customers on or before October 24, 2018, which is at least 30 days before the Pro Forma Consolidation will occur.
Complaints Regarding Violations Consumer Laws
To the best of the Parties’ knowledge, no legal complaints have been decided against the Parties or any affiliates, or are pending in any court in California or any other state involving an alleged violation of §17000 et seq., 17200 et seq., or 17500 et seq. of the California Business & Professions Code, or of any other statute, regulation, or decision relating to fraud, dishonesty, failure to disclose, or misrepresentations to consumers or others. 7 As part of the Pro Forma Consolidation, LTS Group Holdings, LLC will convert from a Delaware limited liability company into a Delaware corporation and be renamed Crown Castle Fiber Holdings Corp. Upon completion of the Pro Forma Consolidation, Crown Castle Fiber Holdings Corp. will be a direct, wholly owned subsidiary of CCOC.
8 The complete financial statements of CCIC are available at:
http://investor.crowncastle.com/financial-information/sec-filings?c=107530&p=irol-sec.
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Telecommunications Advice Letter Coordinator
October 25, 2018
Public Interest Considerations
The Pro Forma Consolidation is entirely internal. The Pro Forma Consolidation will simplify CCIC’s existing corporate structure and reduce its reporting and accounting burdens and provide other operational efficiencies. The Pro Forma Consolidation will also allow CCIC’s business units to take advantage of their core focus and strengths to the benefit of their customers. As a result of the efficiencies and focus, CCIC and its subsidiaries will become stronger competitors to the ultimate benefit of consumers.
Following completion of the Pro Forma Consolidation, Crown Castle Fiber will continue to provide high-quality communications services to the customers of the Consolidating Entities without interruption. The Pro Forma Consolidation will be seamless to customers and will not result in any change to their services. The rates, terms and conditions of their services will not change as a result of these purely intra-company changes. The only change for customers will be that invoices following consummation of the Pro Forma Consolidation will be sent using Crown Castle Fiber LLC.
The proposed simplification of CCIC’s corporate structure will provide the company with greater flexibility for future equity and debt transactions, which will increase its access to capital and benefit the Parties’ customers. In sum, these corporate structure changes will increase the overall company’s efficiency and make it more attractive to potential investors, which should improve its access to debt and equity capital. This, in turn, will enable both the holding company and its operating subsidiaries to keep their cost of capital low.
The Pro Forma Consolidation Qualifies for Advice Letter Process This request regarding the Pro Forma Consolidation may be granted through a Tier II Advice Letter pursuant to D.04-10-038 and D.07-09-017 because, as demonstrated herein, none of the exclusions in D.04-10-038 apply. In addition to the description provided above, the Parties further state that they are not owned by, or affiliated with, an incumbent local exchange carrier in California.
Conclusion
Pursuant to D.07-09-019 and GO 96-B, this Advice Letter will become effective on thirty (30) days’ notice. Anyone may object to this Advice Letter by sending a written protest to:
Telecommunications Advice Letter Coordinator
Communications Division
California Public Utilities Commission
505 Van Ness Avenue
3rd Floor
San Francisco, California 94102-3298
The protest must set forth the specific grounds on which it is based. The protest must be received by the Telecommunications Advice Letter Coordinator no later twenty (20) days after the date that the advice letter was filed. On or before the day that the protest is sent to the
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Telecommunications Advice Letter Coordinator
October 25, 2018
Telecommunications Advice Letter Coordinator, the protestant must send a copy of the protest to:
Tamar Finn
Brett P. Ferenchak
Patricia Cave
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Avenue, NW
Washington, DC 20004
Phone: (202) 373-6000
Fax: (202) 373-6001
[email protected]
[email protected]
[email protected]
To obtain information about the Commission’s procedures for advice letters and protests, go to the Commission’s Internet site (www.cpuc.ca.gov) and look for document links to General Order 96-B.
* * * *
An original and one (1) copy of this filing is provided, along with an electronic version on CD- ROM. Please date-stamp the enclosed extra copy and return it in the envelope provided. If there are any questions regarding this filing, please contact us. Thank you for your attention to this matter.
Respectfully submitted,
/s/ Patricia Cave
Tamar Finn
Brett P. Ferenchak
Patricia Cave
Counsel for the Parties
157 of 676
STATE OF CALIFORNIA Governor
PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue
San Francisco CA 94102-3298
EDMUND G. BROWN JR.,
Ntc Network, Inc
IEC (Corp ID 6190)
Status of Advice Letter 6
As of August 11, 2014
Division Assigned: Telecommunications
Date Filed: 05-13-2014
Date to Calendar: 05-16-2014
Authorizing Documents:
Disposition:
Effective Date:
Resolution Required: No
Resolution Number: None
Commission Meeting Date: None
CPUC Contact Information:
AL Certificate Contact Information:
Pro Forma consilidation of NTC and Freedom Telecommunications, LLC (U-7110-C)Subject:
None
Accepted
06-12-2014
Douglas Orvis
[email protected]
202-373-6000
[email protected]
415-703-1565
158 of 676
To: Telecommunications Carrier Filing Advice Letter
From: Telecommunications Division PAL Coordinator
Subject: Your Advice Letter Filing
The Telecommunications Division of the California Public Utilities Commission has processed your recent Advice Letter (AL) filing and is returning an AL status certificate for your records.
The AL status certificate indicates:
Advice Letter Number
Name of Filer
CPUC Corporate ID number of Filer
Subject of Filing
Date Filed
Disposition of Filing (Accepted, Rejected, Withdrawn, etc.) Effective Date of Filing
Other Miscellaneous Information (e.g., Resolution, if applicable, etc.) The Telecommunications Division has made no changes to your copy of the Advice Letter Filing; please review your Advice Letter Filing with the information contained in the AL status certificate, and update your Advice Letter and tariff records accordingly.
All inquiries to the California Public Utilities Commission on the status of your Advice Letter Filing will be answered by Telecommunications Division staff based on the information contained in the Telecommunications Division's PAL database from which the AL status certificate is generated. If you have any questions on this matter please contact the:
Telecommunications Division PAL Coordinator at (415) 703-1565, or by e-mail to [email protected]
STATE OF CALIFORNIA Governor
PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue
San Francisco CA 94102-3298
EDMUND G. BROWN JR.,
159 of 676
Filed By Advice Letter Number Tier Date Filed Subject Protested Date Closed Effective Date Days Open Disposition Freedom Telecommunications, Inc. 4 1 5/13/2014 Pro Forma Consilidation of Freedom and NTC Network, LLC (U-6190-C) No 08/11/14 05/13/14 90 Accepted
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. .
". At.J/TRP lavs' Mailed 6/24199
Decision 99-06-083 June 24,1999
. ' ,
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Rulemaking on the /
Commission's Own Motion into Competition for Rulemaking 95-04-043 Local Exchange Service. (Filed April 26, 1995) ,
______ ~t:I_:__IIII,1 r~]RMAL FILE COpy
- .. Investigation 95-04-044
Order Instituting Investigation on the
Commission's Own Motion into Competition for
Local Exchange Service.
OPINION
(Filed April 26, 1995)
(Petition Nos. 132, 133, 134,
135, 136, 137,138, 139
140, and 142)
By this decision, we grant the petitions for certificates of public convenience and necessity (CPCN) to operate as facilities-based competitive local carriers (CLCs) and to offer resold local exchange services within the territories of Pacific Bell (Pacific), GTE California Incorporated (GTEC), Roseville Telephone Company (RTC), and Citizens Telephone Company (CTC), for those petitioners as set forth in Appendix B of this decision, subject to the terms and conditions included herein. We also grant petitioners' requests for intrastate interLocal Access and Transport Areas (interLATA) and intraLATA authority on a statewide basis as designated in Appendix B.
I. Background
We initially established rules for entry of facilities-based CLCs in Decision (D.) 95-07-054. Under those procedures, we processed a group of c?ndidates that filed petitions for CPCNs by Septe~ber 1, 1995, and granted authority effective January 1, 1996, for qualifying CLCs to provide facilities-based competitive local 45871 -1-
161 of 676
R.95-04-043, 1.95-04-044 ALJ/TRP /avs
exchange service in the territories of Pacific and GTEC. We authorized CLCs seeking to provide resale-based services to begin operations on March 1, 1996.
We further advised prospective entrants that any filings from nonqualifying CLCs, and any filing for CLC operating authority made after September 1, 1995, wou~d be. tre~te~ ~s st~dard applications and processed in the normal course bf the Commission's business.
By 0.96-12-020, effective January 1, 1997, we instituted quarterly processing cycles for granting CPCN authority for facilities-based CLCs in order to streamline the approval process for these particular carriers. Since we had been processing the environmental impact review required under the California Environmental Quality Act (CEQA) ona consolidated basis for groups of qualifying facilities-based CLCs, we concluded in 0.96-12-020 that it would be more efficient and consistent to process other aspects of the CLC filings on a consolidated basis, as well. Accordingly, we directed that any CLC filing on or after January 1, 1997, for facilities-based CPCN authority was to make its filing in the form of a petition to be docketed in Investigation (1.) 95-04-044 that would be processed quarterly on a consolidated basis. CLCs seeking only resale authority continued to file individual applications.
On September 24, 1997, we adopted 0.97-09-115 in which we extended the coverage of our adopted rules for local exchange competition to include the service territories of California's two midsized local exchange carriers (MSLECs), RTC and CTC. In that decision, we also authorized candidates seeking CLC CPCN authority within the MSLECs' territories to immediately begin making filings following the applicable entry rules previously adopted in 0.95-07-054 and subsequent decisions. Specifically, requests for CLC CPCN authority for facilities-based service were to be filed in the form of a petition docketed in
1.95-04-044, while resellers have sought authority through applications. In -2-
.. ..;.
:;.
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.. .. R.95-04-043, 1.95-04-044 AL} /TRP / avs
D.98-01-055, we approved the first group of petitions for facilities-based CPCNs to offer local exchange service within the MSLEC territories.
In this decision, we approve CPCNs for those facilities-based CLCs which filed petitions during the first quarter of 1999 and satisfied all applicable rules for certification as established in Rulemaking (R.) 95-04-043. The Petitioners identified in Appendix B will be authorized to begin offering service upon the filing of tariffs and compliance with the terms and conditions set forth in this order.
II. CECA Review
We have reviewed the petitions for compliance with CEQA. CEQA requires the Commission to assess the potential environmental impact of a project in order that adverse effects are avoided, alternatives are investigated, and environmental quality is restored or enhanced to the fullest extent possible.
To achieve this objective, Rule 17.1 of the Commission's Rules requires the proponent of any project subject to Commission approval to submit with the petition for approval of such project a Proponent's Environmental Assessment (PEA). The PEA is used by the Commission to focus on any impacts of the project which may be of concern, and prepare the Commission's Initial Study to determine whether the project needs a Negative Declaration or an Environmental Impact Report (EIR).
Based on its assessment of the facilities-based petitions and PEAs, the Commission staff prepared a Negative Declaration and Initial Study generally describing the facilities-based Petitioners' projects and their potential environmental effects. The Negative Declaration prepared by the Commission staff is considered a Mitigated Neg~tive Declaration (MND). This means that, although the initial study identified potentially significant impacts, revisions -3-
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R.95-04-043, 1.95-04-044 ALJ /TRP / avs
which mitigate the impacts to a less than significant level have been agreed to by the Petitioners. (Pub. Res. Code § 21080(c)(2);)-
A. Results of the Negative Declaration
On April 29, 1999, the Negative Declaration and Initial Study were sent to various city and county planning agencies, as well as public; libraries throughout the state for review and comment by May 28, 1999. The Commission staff prepared a public notice which announced the preparation of the draft negative declaration, the locations where it was available for review, and the deadline for written comments. The public notice was advertised in newspapers throughout the state. The draft Negative Declaration was also submitted to the Governor's Office of Planning and Research where it was circulated to affected state agencies for review and comment.
Public comments on the draft Negative Declaration were reviewed and answered, as necessary. The Commission staff then finalized the MND covering all facilities-based CLC petitions listed in Appendix B. The finalized MND includes a list of mitigation measures with which the CLCs must comply as a condition of their CPCN authority. The MND includes a Mitigation Monitoring Plan to ensure that the mitigation measures are followed and implemented as intended. A copy of the MND is attached to this decision as Apper.dix D. We hereby approve the MND as finalized by staff. Concurrently with our approval of the MND, we grant the request of the Petitioners in Appendix B for CPCN authority subject to the terms and conditions set forth in our order below.
B. Required Payment of CEaA Deposit
Commission Decision 97-04-046 stipulates that all petitioners for CLC authority must submit with their filing an initial payment of $2000 to cover CEQA costs. The $2000 payment is used to cover the Commission's costs for -4-
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preparing and publishing the Mitigated Negative Declaration for each qualifying petitioner, as required by CEQA law .. As of the date of this order, the . Commission has received payment of the required $2000 deposit from each of the CLCs, as identified in Appendix B.
III. Review of CPCN Petitions
A. Overview
The CLC petitions have been reviewed for compliance with the certification-and-entry rules (Rules) adopted in Appendices A and B of
0.95-07-054 and subsequent decisions in R.95-04-043/1.95-04-044. Consistent with our goal of promoting a competitive market as rapidly as possible, we are granting authority to all of the facilities-based CLCs that filed during the first quarter of 1999 and met the Rules. The Rules are intended to protect the public against unqualified or unscrupulous carriers, while also encouraging and easing the entry of CLC providers to promote the rapid growth of competition.
Petitioners had to demonstrate that they possessed the requisite managerial qualifications, technical competence, and financial resources to provide facilities-based local exchange service. Petitioners were also required to submit proposed tariffs which conform to the consumer protection rules set forth in Appendix B of D.95-07-054. In response to a notice of tariff deficiencies, the various petitioners submitted tariff corrections. Except for the outstanding deficiencies noted in Appendix C, the petitioners' proposed tariffs are found to be satisfactory with no deficiencies noted.
As prescribed in Rule 4.B.(1), prospective facilities-based CLCs must also show that they possess a minimum of $100,000 in cash or cash-equivalent resources, as defined in the Rules. In.order to demonstrate that they possess the requisite financial resources, petitioners submitted copies of recent financial -5-
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statements. Because the financial statements contain commercially sensitive information, the petitioners filed motions for limited protective orders to restrict the financial statements and related documents containing commercially sensitive information from public disclosure pursuant to General Order (GO) 66-C. We grant those motions as prescribed in our order below.
Based upon our review, we conclude that each of the facilities-based Petitioners identified in Appendix B, has satisfactorily complied with our certification requirements for entry, including the consumer protection rules set forth in D.95-07-054, subject to correcting any tariff deficiencies in Appendix C, payment of the required CEQA deposit, and satisfying the additional conditions set forth in the ordering paragraphs below. Accordingly, we grant these Petitioners authority to offer facilities-based and resold local exchange service within the territories of Pacific and GTEC and, where requested, within the CTC and RTC territories. We also grant the statewide inter- and intraLATA authority as requested.
Pursuant to 0.97-09-115, CLC resale authority within the RTC and CTC ,~~ territories was authorized to be~ome effective on or after April 1, 1998. As we stated in D.97-09-115, until the time that tariffed wholesale discount rates are adopted for RTC and CTC, individual CLCs certificated to resell local service within the CTC/RTC territories may enter into negotiations with each of the MSLECs to seek agreement on an interim wholesale discount rate. Disputes over the terms of resale arrangements may be submitted to the Commission for arbitration pursuant to the provisions of Section 252(b)(1) of the Telecommunication Act of 1996 and Commission Resolution ALJ-174. -6-
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B. Motion of DSLnet
DSLnet Communications, LLC("DSLnet"), attempted to file a petition (# 142) for CLC local exchange authority on March 31,1999, with the intention of being included in the Commission's quarterly ''batch'' review of such petitions filed during the first quarter of 1999. However, DSLnet subsequently learned that, due to certain confusion surrounding whether DSLnet's Petition was complete for purposes of the Commission's review, the Commission did not technically accept DSLnet's petition until April 13, 1999. As a result, it is now too late for DSLnet's Petition to be included in the Commission's quarterly review process for such petitions filed during the first quarter of 1999, at least to the extent DSLnet seeks facilities-based authority.
Nonetheless, in order to allow DSLnet to initiate competitive telecommunications service in California as soon as possible, DSLnet filed a motion on May 4, 1999, asking the Commission to: (1) immediately consider the portion of DSLnet's Petition seeking authority to resell local exchange telecommunications services, and (2) consider the portion of DSLnet's Petition seeking facilities-based authority in the Commission's quarterly review process for Petitions filed during the second quarter of 1999.
No party has objected to the motion of DSLnet. We consider the request of DSLnet for consideration of the resale portion of its petition in the current quarterly review to be reasonable, under the circumstances and shall grant it.
Due to the timing requirements relating to the Mitigated Negative Declaration, DSLI).et's request for facilities-based authority cannot be considered during the current quarter, but shall be deferred to the subsequent quarterly review period.
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IV. Compliance With Section 311
In compliance with Pub. Util. Code Section 311 (g)(2), this is an uncontested matter in which the decision grants the relief requested.
Accordingly, pursuant to Pub. Util. Code Section 311 (g)(2), the otherwise applicable 3D-day period for public review and comment is being waived.
Findings of Fact
1. Nine petitioners filed requests during the first quarter of 1999 seeking a CPCN to provide competitive local exchange services in the territories of various California incumbent local exchange carriers as set forth in Appendix B.
2. An additional petitioner, DSLnet attempted to file during the first quarter, but the filing was not actually docketed until April 13, 1999. DSLnet subsequently filed an uncontested motion seeking to have its lequest for CLC resale authority to be considered as part of the first quarterly group of CLCs. ,3. No protests to the CLC petitioners have been filed.
4. A hearing is not required.
5. By prior Commission decisions, we authorized competition in providing local exchange telecommunications service within the service territories of Pacific, GTEC, RTC, and CTC for carriers meeting specified criteria.
6. The Petitioners listed in Appendix B have demonstrated that each of them has a minimum of $100,000 in cash or cash equivalent reasonably liquid and readily available to meet its start-up expenses.
7. Petitioners' technical experience is demonstrated by supporting documentation which provides summary biographies of their key management personnel.
8. Except as noted in Appendix,C, Petitioners have each submitted a complete draft of their initial tariff which complies with the requirements -8-
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established by the Commission, including prohibitions on unreasonable deposit requirements.
9. Commission 0.97-04-046 stipulates that all petitioners for CLC authority must submit with their filing an initial payment of $2,000 to cover the Commission's costs for preparing and publishing the Mitigated Negative Oeclaration pursuant to CEQA.
10. Each of the CLCs, as identified in Appendix B, has submitted the required $2,000 CEQA deposit as of the date of this order.
11. By 0.97-06-107, petitioners or applicants for CLC authority are exempt from Rule 18(b).
12. Exemption from the provisions of Pub. Util. Code §§ 816-830 has been granted to other nondominant carriers. (See, e.g., 0.86-10-007 and 0.88-12-076.)
13. The transfer or encumbrance of property of nondominant carriers has been exempted from the requirements of Pub. Util. Code § 851 whenever such transfer or encumbrance serves to secure debt. (See 0.85-11-044.) Conclusions of Law
1. Each of the Petitioners listed in Appendix B has the financial ability to provide the proposed services, and has made a reasonable showing of technical expertise in telecommunications.
2. Public convenience and necessity require the competitive local exchange services to be offered by Petitioners subject to the terms, conditions, and restrictions set forth below.
3. Each Petitioner is subject to:
a. The current 0.0% surcharge applicable to all intrastate services except for those excluded by 0.94-09-065, as
modified by 0.95-02-050, to fund the Universal Lifeline Telephone Service (Pub. Util. Code § 879;
Resolution T-16245, Oecember 3,1998);
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b. The current 0.192% surcharge applicable to all intrastate services except for those excluded by 0.94-09-065, as
modified by 0.95-02-050, to fund the California Relay
Service and Communications Oevices Fund
(Pub. Util. Code § 2881; Resolution T-16234; 0.98-12-073" December 17, 1998);
c. The user fee provided in Pub. Util. Code §§ 431-435, which is
0.11% of gross intrastate revenue for the 1998-1999 fiscal year (Resolution M-4789);
d. The current surcharge applicable to all intrastate services except for those excluded by 0.94-09-065, as modified by
0.95-02-050, to fund the California High Cost Fund-A
(Pub. Util. Code § 739.30; 0.96-10-066, pp. 3-4, App. B, Rule I.C; Resolution T-16242 at 0.0% for 1999,
Oecember 3,1998);
e. The current 3.8% surcharge applicable to all intrastate services except for those excluded by 0.94-09-065, as
modified by 0.95-02-050, to fund the California High Cost.
Fund-B (0.96-10-066, p. 191, App. B, Rule 6.F., Resolution T-16244, Oecember 3, 1998); and,
f. The current 0.05% surcharge applicable to all intrastate services except for those excluded by 0.94-09-065, as
modified by 0.95-02-050, to fund the California Teleconnect Fund (0.96-10-066, p. 88, App. B, Rule 8.G, Resolution
T-16165; August 1, 1998).
4. Petitioners should be exempted from Rule 18(b).
5. Petitioners should be exempted from Pub. Util. Code §§ 816-830.
6. Petitioners should be exempted from Pub. Util. Code § 851 when the transfer or encumbrance serves to secure debt.
7. Each of the Petitioners must agree to, and is required to, carry out any specific mitigation measures adopted in the Mitigated Negative Declaration (MND), attached as Appendix D, in compliance with CEQA. -10 -
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8. With the incorporation of the specific mitigation measures in the final MND, the Petitioners' proposed projects .will not have potentir.lly significant adverse environmental impacts.
9. The Petitioners should be granted CPCNs subject to the terms, conditions, and restrictions set forth in the order below.
10. Any CLC which does not comply with our rules for local exchange competition adopted in R.95-04-043 shall be subject to sanctions including, but not limited to, revocation of its CLC certificate.
ORDER
IT IS ORDERED that:
1. A certificate of public convenience and necessity (CPCN), shall be granted to each of the Petitioners listed in Appendix B (Petitioners) to permit each of them to operate as a facilities-based provider of competitive local exchange telecommunications services, as a reseller of competitive local exchange telecommunications services within the servke territories as noted in Appendix B and, as a statewide non dominant interexchange carrier (NDIEC), as noted m Appendix B, contingent on compliance with the terms identified in .
Appendix B and in the remainder of this order.
2. Each Petitioner shall file a written acceptance of the certificate granted in this proceeding prior to commencing service.
3. a. The Petitioners are authorized to file with this Commission tariff schedules for the provision of competitive local exchange, intraLATA (Local Access Transport Area) toll and intrastate interLATA services, as applicable. The Petitioners may not offer these services until tariffs are on file, and until any applicable deficiencies as noted in Appendix C have been corrected. Petitioners' -11-
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initial filing shall be made in accordance with General Order (GO) 96-A, excluding Sections IV, V, and VI, and shall be effective not less than one day after approval by the Telecommunications Division.
b. The Petitioners are competitive local carriers (CLCs). The effectiveness of each of their future tariffs is subject to the schedules set forth in Decision (0.) 95-07-054, Appendix A, § 4E.
A. I/E. CLCs shall be subject to the following tariff and contract-filing, revision and service-pricing standards:
1/(1) Uniform rate reductions for exishng tariff services shall become effective on five (5) working days' notice to the Commission. Customer notification is not required for rate decreases.
1/(2) Uniform major rate increases for existing tariff services'shall become effective on thirty (30) days' notice to the
Commission, and shall require bill inserts, or a message on the bill itself, or first class mail notice to customers at least 30 days in advance of the pending rate increase.
1/(3) Uniform minor rate increases, as defined in 0.95-07-054, shall become effective on not less than five (5) working days' notice to the Commission. Customer notification is not required for such minor rate increases.
11(4) Advice letter filing for new services and for all other types of tariff revisions, except changes in text not affecting rates or relocations of text in the tariff schedules, shall become effective on forty (40) days' notice to the Commission. 11(5) Advice letter filings revising the text or location of text material which do not result in an increase in any rate or charge shall become effective on not less than five (5) days' notice to the Commission.
"(6) Contracts shall be subject to GO 96-A rules for NDIECs, except interconnection contracts.
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1/(7) CLCs shall file tariffs in accordance with Public Utilities (Pub. Util.) Code Section 876."
4. The Petitioners may deviate from the following provi~ions of GO 96-A:
(a) paragraph 11.C.(1)(b), which requires consecutive sheet numbering and prohibits the reuse of sheet numbers, and (b) paragraph II.C.(4), which requires that I/ a separate sheet or series of sheets should be used for each rule." Tariff filings incorporating these deviations shall be subject to the approval of the COmmlssion's Telecommunications Division. Tariff filings shall reflect all fees and surcharges to which Petitioners are subject, as described in Conclusion of Law 3; Petitioners are also exempt from GO 96-A Section II.G.(l) and (2) which require service of advice letters on competing and adjacent utilities, unless such utilities have specifically requested such service.
5. Each Petitioner shall file as part of its initial tariffs, after the effective date of this order and consistent with Ordering Paragraph 3, a service area map.
6. Prior to initiating service, each Petitioner shall provide the Commission's Consumer Services Division with the Petitioner's designated contact persons for purposes of resolving consumer complaints and the corresponding telephone numbers. This information shall be updated if the names or telephone numbers change or at least annually.
7. Where applicable, each Petitioner shall notify this Commission in writing of the date local exchange service is first rendered to the public within five days after service begins. The same procedure shall be followed for the authorized intraLATA and interLATA services, where applicable.
8. Each Petitioner shall keep its books and records in accordance with generally accepted accounting principles.
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9. Petitioners shall each file an annual report, in compliance with GO 104-A, on a calendar-year basis using the information-request form developed by the Commission Staff and contained in Appendix A.
10. Petitioners shall ensure that its employees comply with the provisions of Pub. Util. Code § 2889.5 regarding solicitation of customers.
11. The certificate granted and the authority to render service under the rates, charges, and rules authorized will expire if not exercised within 12 months after the effective date of this order.
12. The corporate identification number assigned to each Petitioner, as set. forth in Appendix B, shall be included in the caption of all original filings with this Commission, and in the titles of other pleadings filed in existing cases.
13. Within 60 days of the effective date of this order, each Petitioner shall comply with Pub. Util. Code § 708, Employee Identification Cards, reflecting its authority, and notify the Director of the Telecommunications Di-;ision in writing of its compliance.
14. Each Petitioner is exempted from the provisions of Pub. Util. Code §§ 816-830.
15. Each Petitioner is exempted from Pub. Util. Code § 851 for the transfer or encumbrance of property, whenever such transfer or encumbrance serves to secure debt.
16. If any Petitioner is 90 days or more late in filing an annual report or in remitting the fees listed in Conclusion of Law 4, Telecommunications Division shall prepare for Commission consideration a resolution that revokes that Petitioner's CPCN, unless that Petitioner has received written permission from Telecommunications Division to file or remit late.
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17. The Final Mitigated Negative Declaration, including the Mitigation Monitoring Plan, attached as Appendix D of this decision is hereby approved . and adopted. .
18. Each of the Petitioners listed in Appendix B shall comply with the conditions and carry out the mitigation measures outlined in the adopted Mitigated Negative Declaration.
19. Each of the Petitioners shall provide the Director of the Commission's Energy Division with reports on compliance with the conditions and implementation of mitigation measures under the schedule outlined in the Mitigated Negative Declaration.
20. Petitioners shall comply with the consumer protection rules set forth in Appendix B of D.95-07-054.
21. Petitioners shall compiy with the Commission's rules for local exchange competition in California that are set forth in Appendix C of D.95-12-o56, including the requirement that CLCs shall place customer deposits in a protected, segregated, interest-bearing escrow account subject to Commission oversight.
22. Petitioners shall comply with the customer notification and education rules adopted in D.96-04-049 regarding the passage of calling party number.
23. Petitioners' respective motions for a limited protective order keeping designated documents containing financial and other operating information confidential are granted. Such documents will remain under seal for one year from today unless a petitioner makes a timely request for extension of confidential treatment of its documents by filing a separate motion with good cause shown.
24. The motion of DSLnet to have the resale portion of its CLC petition considered in the current quarterly cycle is granted.
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25. The petitions listed in Appendix B are granted only as set forth above.
This order is effective today.
Dated June 24, 1999, at San Francisco, California.
RICHARD A. BILAS
President
HENRY M. DUQUE
JOSIAH L. NEEPER
JOEL Z. HYATT
CARLW.WOOD
Commissioners
.
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.-
ceCifi d as a True Copy
--- of th~' >ri9}nal '
. JA1t fl, / Z {/.~/<.--.
ASSf. EXECUTIVE DIREC OR. PI~~U: UT4LITIES MfSSIOll
"ATE II' QLIfORNIA
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APPENDIX A
TO: ALL COMPETITIVE LOCAL CARRIERS AND INTEREXCHANGE
TELEPHONE UTILITIES
Article 5 of the Public Utilities Code grants authority to the California Public Utilities Commission to require all public utilities doing business in California to file reports as specified by the Commission on the utilities' California operations.
A specific annual report form has not yet been prescribed for the California interexchange telephone utilities. However, you are hereby directed to submit an original and two copies of the information requested in Attachment A no later than March 31st of the year following the calendar year for which the annual report is submitted.
,Address your report to: :
California Public Utilities Commission
Auditing and Compliance Branch, Room 3251
505 Van Ness Avenue
San Francisco, CA 94102-3298
Failure to file this information on time may result in a penalty as provided for in §§ 2107 and 2108 of the Public Utilities Code.
If you have any question conceining this matter, please call (415) 703-1961.
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APPENDIX A
"Information Requested of California Competitive Local Carriers and Interexchange Telephone Utilities.
To be filed with the California Public Utilities Commission, 505 Van Ness Avenue, Room 3251, San Francisco, CA 94102-3298, no later than March 31st of the year following the calendar year for which the annual report is submitted.
1. Exact legal name and U # of reporting utility.
2. Address.
3. Name, title, address, and telephone number of the person to be contacted concerning the reported informa~~on.
4. Name and title of the officer having custody of the general books of account and the address of the office where such books are kept.
5. Type of organization (e.g., corporation, partnership, sole proprietorship, etc.).
If incorporated, specify:
a. Date of filing articles of incorporation with the Secretary of State. b. State in which incorporated.
6. Commission decision number granting operating authority and the date of that decision.
7. Date operations were begun.
8. Description of other business activities in which the utility is engaged. 9 .. A list of all affiliated companies and their relationship to the utility. State if affiliate is a:
a. Regulated public utility.
b. Publicly held corporation.
10. Balance sheet as of December 31st of the yea,r for which information is submitted.
11. Income statement for California operations for the calendar year for which information is submitted.
(END OF APPENDIX A)
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APPENDIXC
LIST OF CLC Tariff Deficiencies
Eagle Communications, Pet. 132
Eagle Communications was to file a supplement to its petition as previously requested by the Telecommunications Staff to correct the many deficiencies to its tariffs. To date, it has not filed a supplement to correct the identified deficiencies. Eagle must file a revised set of tariffs that fully comply with D.95-07-054, 0.95-12-056, 0.95-12-057, 0.96-04-049.
Network Plus - Pet. 136
Deficiencies in Network Plus's Proposed Tariffs
1. On each tariff sheet, (1) replace the phrase above the top horizontal line "Local Exchange Services" to "Competitive Local Carrier Tariff" and (2) add a vertical line on both the left and right margins.
2. Sheet No.3, Preliminary Statement, 1.1, last paragraph. Replace the phrase "to resell local exchange telecommunications services within the State of California" to "to provide facilities-based and resale local exchange services as a competitive local carrier in the service areas of Pacific Bell, GTEC, Citizens and Roseville Telephone Companies."
3. Sheet No. 13, Rule 1, Definitions. Include the definitions adopted in Decision 95-07-054 for: (1) Major Rate Increase, and (2) Minor Rate L .. crease.
4. Sheet No. 17, Rule 3, Customer Application for Service. Revise tariffs to fully comply with the provisions of Rule 2, Appendix B of Decision 95-07-054, (e.g., service initiation based on a written or oral agreement; confirmation letter
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APPENDIX C
LIST OF CLC Tariff Deficiencies
5. briefly describing services, in case of an oral agreement; statement of terms/ conditions for all new customers, etc~} ..
6. Sheet No. 18, Rule 5, Contracts and Agreements. Delete language re effectivity on five days' notice for "subsequent completed contracts." All contracts shall be subject to the 40-day notice until revised by the Commission.
7. Sheet No. 19. (1) Rule 6, Special Information Required on Forms. Revise tariff language to fully comply with the provisions of Rule 3 (A) and (B), Appendix B of Decision 95-07-054. (2) Rule 7, Establishment and Re-establishment of Credit. Include language on situations when deposits are not required. (See Rule 4, Appendix B of Decision 95-O7-O54.)
8. Sheet No. 20. (1) Rule 8, Advance Payments. Revise tariff language to indicate that advance payments shall be credited on the customer's first bill. (2) Deposits. Include language on the interest rate to be added to deposits. (See Rule 5, Appendix B of Decision 95-07-054.)
9. Sheet No. 21, Rule 9, Notices. (1) Revise tariff to indicate that cancellation of service by customers may be either verbal or written. (2) Include tariff language on rates and rate revisions and information on notices of discontinuance by a competitive local carrier. (See Rule 6, Appendix B of Decision 95-07-054.)
10. Sheet No. 22, Rule 10, Cancellation of Service by Company. Revise tariff to indicate that notice of discontinuance of service by a company for nonpayment of bills shall be provided in writing by first class mail to the customer not less .than 7 calendar days prior to termination.
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APPENDIX C
LIST OF CLC Tariff Deficiencies
11. Sheet No. 25, Rule 16, Rendering and Payment of Bills. Note that a five-month back billing period for error files and one and one-half years back billing period for fraud are applicable only to interexchange service prov1 ders. Revise tariff accordingly. (See Decision 88-09-061.)
12. Sheet Nos. 27 through 31, Liability of the Company. Adopt either Pacific Bell's or GTEC's limitation of liability. The limitation of liability of these companies are appended to Decision 95-12-057.
13. Sheet 36, Rule 25, Additional Provisions, etc., Section D. Include language to indicate that deposits will be refunded with interest within 30 days after discontinuance of service or 12 months of service, whichever comes first.
14. Sheet 37, Rule 26, Additional Provisions, etc. Comply with the back billing provisions of Decision 88-09-061 for local exchange service providers.
15. Sheet 68, Custom Calling Services. Briefly describe each feature. Delete any reference to Caller 1D service. This service can only be provided upon compliance with the customer notification and education rules adopted in Decision 96-04-049.
16. Sheet 72, Taxes and Surcharges. Update the applicable California surcharges. The current surcharges are: (1) Reimbursement Fee - 0.11 %; (2) ULTS - 0.00%; (3) CHCF-A- 0.00%; (4) CHCF-B - 3.8%; (5) California Relay Service & Communications Devices Fund - 0.192%; (6) California Teleconnect FUnd - 0.05%.
17. Include tariffs on: (1) Directories, (2) Non-published service, (3) Demarcation points, (4) Pro-rating of bills, (5) Change of service provider,
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APPENDIXD
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NEGATIVE DECLARATION (14)
Competitive Local Carriers' (CLCs)
Projects for Local Exchange Telecommunications Service throughout California.
The subject of this Negative Declaration are nine current petitions/applications for authorization to provide facilities based local telephone services. (See Appendix B).
The California Public Utilities Commission is the lead agency in approving these petitioners' intent to compete in the local exchange market. Additional approvals by other agencies may be required depending upon the scope and type of construction proposed by the petitioner (e.g. federal,other state agencies, and ministerial permits by local agencies).
Because the subject projects of the nine current petitioners are similar, with some modifications, to the projects proposed by the past petitioners, the Commissi~n incorporates, in whole, Negative Declaration 13 for these nine petitions/applications, and will refer to the incorporated documents as "Negative Declaration 14" (Section 15150 of CEQ A Guidelines). The public comment period for the Draft Negative Declaration 14 begms on April 29, 1999 and expires on May 28, 1999~ Comments should be addressed to: John Boccio, Project Manager, California Public Utilities Commission, Energy Division, 505 Van Ness Avenue, San Francisco, CA 94102, Fax:
(415) 703-2200, E-Mail: [email protected]. For further information call Mr. Boccio at (415) 703-2641.
BACKGROUND
The California Public Utilities Commission's Decision 95-07-054 enables telecommunications companies to compete with local telephone companies in providing local exchange service.
Previous to this decision, local telephone service was monopolized by a single utility per service territory. The Commission initially received 66 petitions from companies to provide competitive local telephone service throughout areas presently served by Pacific Bell and GTE California.
The 66 petitioners i~cluded cable television companies, cellular (wireless) companies; long- distance service providers, local telephone service providers, and various other telecommunication companies that specialize in transporting data.
Forty of the sixty-six petitions were for approval of facilities-based services, which means that the petitioners proposed to use their own facilities in providing local telephone service. The remaining 26 petitions were strictly for approval of resale-based services, meaning that telephone I Wireless companies covered in the Negative Declarations adopted by the Commission for entry in the local telephone market are also subject to Commission General Order (G.O. IS9A). G.O. lS9A delegates to local governments the authority to issue discretionary permits for the approval of proposed sites for wireless facilities.
Commission adoption of the Negative Declarations is not intended to supersede or invalidate the requirements contained in General Order IS9A.
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service will be resold using another competitor's facilities. (Most of the facilities-based petitioners offer resale-based services as well.) The 40 facilities-based petitions indicated that physical modifications to existing facilities may be required, and construction of new facilities was a possibility in the long-term. The 26 resale-based petitions were strictly financial and billing arrangements that involved no construction and were therefore considered to be exempt from the California Environmental Quality Act (CEQA) (public Resources Code Sections 21000 et seq.).
The Commission issued a draft Negative Declaration for the initial 40 facilities-based petitioners in October 1995. Comments on the draft Negative Declaration covered issues such as traffic congestion, public safety, cumulative impacts, aesthetic impacts, and physical wear on streets.
These comments were addressed and the Negative Declaration was modified to some extent in response to the comments. In December 1995, Commission Decision 0.95-12-057 adopted a final mitigated Negative Declaration finding that the proposed projects of ihe initial 40 facilities- based petitioners would not have potentially significant environmental effects with specified mitigation measures incorporated by the projects.
Following the 'adoption ofD.95-12-057, the Commission received eight additional petitions for facilities-based services. The eight petitioners included cable television companies, resale-based providers approved by D.95-12-057, and other telecommunication companies. Following the public comment period, the Commission made minor modifications to the first Negative Declaration, and in September 1996, the Commission adopted the second Negative Declaration for these eight companies (D.96-09-072). (This Negative Declaration is sometimes referred to as "Negative Declaration II"). In January 1997, the Commission adopted a third Nega~ve De~laration for eight more facilities-based petitioners. "Negative Declaration III" is virtually the same document as Negative Declaration II because the proposed projects of the eight petitionerS were no different from the projects proposed by the two groups of petitioners that preceded them.
Following the issuance of Negative Declaration III, ten subsequent Negative Declarations, Negative Declaration IV (0.97-04-011), Negative Declaration V (0.97-06-100), Negative Declaration VI (D.97-09-110), Negative Declaration Vll (097-12-084), Negative Declaration IX (0.98-03-066), Negative Declaration X (D. 98-06-067), Negative Declaration 11 (D.98-09-66), and Negative Declaration 12 (0.98-12-083) and Negative Declaration 13 (D.99-03-050) have been adopted by the Commission in granting authority to provide facilities based local telecommunication services under essentially the same circumstances. (Negative Declaration VIII addressed telecommunication companies petitioning to provide services in the Roseville Telephone Company and Citizens Telephone Company of California service areas only). 'Negative Declaration IV addressed nine petitioners, Negative Declaration V addressed six petitioners, Negative Declaration VI addressed eight petitioners Negative Declaration VII addressed five petitioners, Negative Declaration VIII addressed eleven petitioners, Negative Declaration IX addressed eleven petitioners, Negative Declaration X addressed, two petitioners and Negative Declaration 11 addressed eight petitioners and Negative Declaration 12 addressed twelve petitioners.
2 186 of 676
PROJECT DESCRIPTION
Following the adoption of Negative Declaration 13, the Conimission received nine more petitions/applications for facilities-based services. These petitioners are the subject of this Negative Declaration. (See Appendix B for a list of the current facilities~based petitioners.) Similar to 'the earlier petitioners, most of the current petitioners are initially targeting local telephone service for areas where their telecommunications infrastructure is already established, and therefore only minor construction is envisioned. Services provided will include ~ut not be limited to voice, data, video, internet and other telecommUnications services. The petitioners will need to make some modifications to their existing facilities; these modifications are minor in nature, the most common being the installation of a switch that connects potential customers to outside systems. Switch installation is necessary because customers receiving a particular type of service may not have access to local telephone networks. For example, customers receiving cable television service are presently unable to connect to local. telephone networks because of the differences in modes of service. A switch installation by a cable television provider is one step that makes the connection possible. Switch installation is considered a minor modification because it typically involves a single installation within an existing central communication facility or building.
Besides the minor modifications, some of the companies are planning to install their own fiber optic cables to provide adequate service. Cables will be installed within existing utility underground conduits or ducts, or attached to utility poles with existing overhead lines whenever possible. Fiber optic cables are extremely thin, and existing conduits will likely be able to hold multiple cables. However, if existing conduits or poles are unable to accommodate additional cables, then new conduits or poles will need to be constructed by the petitioner. In this case, the petitioners will construct within ~xisting utility rights-of-way. There is also the possibility that the petitioners may attempt to access other rights-of-way (such as roads) to construct additional conduits. Extension of ~xisting rights-of-way into undisturbed areas is not likely, but a possibility. ,
The installation of fiber optic cables into underground conduits will vary in complexity depending upon the conditions of the surrounding area. For example,in urban, commercial areas, utility conduits can be accessible with minimal groundbreaking and installation simply requires stringing the cable through one end of the conduit and connecting it to the desired end.
In this case, major excavation of the right-of-way is unnecessary. However, there may also be conditions where access to the conduit will require trenching and excavation.
Some of the petitioners have plans to construct service boxes or cabinets which contain batteries for the provision of power or emergency power. The dimensions of the boxes vary, but basically range from three to five feet in height. Depending upon the type of technology and facilities operated by the petitioner, smaller service boxes (approximately 3 inches in height) would be used for power supply and backup power. Those petitioners who have no plans to use such 3 187 of 676
boxes already have capable power and backup power within their existing facilities. The petitioners who will need such boxes, have committed to placing the boxes in existing buildings, or in underground vaults. If conditions do not permit building or underground installation, the petitioners would use small low-profile boxes that are landscaped and fenced.
While most of the petitioners will initially compete for customers in urban, commercial and residential zones where telecommunication infrastructure is already in place, some petitioners state their intention or right to compete on a state wide basis wherever competition is permitted.
However it is unclear at this time if all areas will be affected by the projects because many petitioners are not specific where they intend to compete in the long-run.
ENVIRONMENTAL DETERMINATION
, . .
An Initial Study was prepared to assess the projects' potential effects on the environment, and the respectiye significance of those effects. Based on the Initial Study, the CLCs' projects for competitive local exchange service have the potential to cause significant adverse effects' on the environment in the area of Land Use and Planning, Geological Resources, Water, Air Quality, Transportation and Circulation, Hazards, Noise, Public Services, Aesthetic and Cultural Resources, The projects will have less than a significant effect in other resource areas of the checklist. It should be noted that Findings 2 through 10 are for those projects which require work within existing utility rights-of-way for the purpose of modifying existing facilities or installing new facilities. Finding 1 is applicable for work outside of the existing utility rights-of- way.
In response to the Initial Study, the following specific measures should be incorporated into the projects to assure that they will not have any significant adverse effects on the environment. (See Public Resources.Code Section 21064.5.)
As a general matter, many of the mitigation measmes rely on .compliance with local standards and the local ministerial permit process. Although local safety and aesthetic input is essential in minimizing the impact of the petitioner's construction, local jurisdictions cannot impose standards or permit requirements which would prevent petitioners from developing their service terntories, or otherwise interfere with the statewide interest in competitive telecommunication service. Therefore, the petitioners' required compliance with local permit requirements is subject to this limitation.
The findings of the draft Negative Declaration were modified in response to comments filed during the public comment period from Negative Declarations II and IV. Changes are marked by italics. .
1. The proposed projects could have potentially significant environmental effects for all environmental factors if a proposed project extends beyond the utility right-of-way into undisturbed areas or into other rights-of-way. ("Utility right-of-way" means any utility 4 188 of 676
right-of-way, .not limited to only telecommUnication utility right-of-way.) For the most part, the petitioners do not plan to conduct projects that are beyond the utility right-of- way. However, should this occur, the petitioner shall file a Petition to.Modify its Certificate for Public Convenience and Necessity (CPCN). An appropriate environmental analysis of the impacts of these sit~ specific activities shall be done.
2. The proposed projects will not have any significant effects on Population and Housing, Biological Resources, Energy and Mineral Resources, and Recreation if the proposed projects remain within existing utility right-of-way. There are no potential environmen~ effects in these areas, or adequate measures are incorporated into the projects to assure that significant effects will not occur.
3. The proposed projects could have potentially significant environmental effects on Geological Resources because possible upgrades or installations to underground conduits may fnduce erosion due to excavation, grading and fil~. It is unclear as to how many times underground conduits may be accessed by the petitioners, but it is reasonable to assume that constant excavation by various providers could result in erosion in areas where soil containment is particularly unstable.
, In order to mitigate any potential effects on geological resources, the petitioners shall comply with all local design, construction and safety standards by obtaining all applicable ministerial pennits from the appropriate local agencies. In particular, erosion control plans shall be developed and implemented for areas identified as particularly unstable or susceptible to erosion. If more than one petitioner plans to excavate geologically sensitive areas, coordination of their plans shall be necessary to minimize the number and duration of disturbances.
4. The prop<?sed projects could have potentially significant environmental effects on Water Resources because possible upgrades or installation to underground conduits may be in close proximity to underground or surface water sources. While the anticipated construction will generally occur within existing utility rights-of-way, the projects have the potential to impact nearby water sources if heavy excavation is required as the method of access to the conduits.
In order to mitigate any potential effects on water resources, the petitioners shall comply with all local design, construction and safety standards. This will include consultation with all appropriate local, state and federal water resource agencies for projects that are in close proximity to water resources, underground or surface. The petitioners shall comply with all applicable local, state and foderal water resource regulations. Appropriate site specific mitigation plans shall be developed by the petitioners if the projects impact water quality, drainage, direction, flow or quantity. If there is more than one petitioner for a particular area that requires excavation, coordination plans shall be required to minimize the number and duration of disturbances.
5 189 of 676
5. The proposed projects could have potentially significant environmental effects on Air Quality because possible excavation efforts for underground conduits may result in vehicle emissions and airborne dust for the immediate areas of impact. This is espeCially foreseeable if more than one petitioner should attempt such work in the same locale.
While the impact will be temporary, the emissions and dUst could exceed air quality standards for the area.
The petitioners shall develop and implement appropriate dust control measures during excavation as recommended by the applicable air quality management district. The petitioners shall comply with all applicable air quality standards as established by the affected air quality management districts. If there is more than one petitioner for a particular area that requires excavation, coordination 'plans shall be required to minimize the number and duration of disturbances.
6. The proposed projects could have potentially significant environmental impacts on Transportation and Circulation and Public Services because uncoordinated efforts by the petitioners to install fiber optic cable could result in a cumulative impact of traffic congestion, insufficient parking and hazards or barriers for pedestrians. This is foreseeable if the competitors choo,se to compete in the same' locality and desire to install their own cables. If the selected area is particularly dense with heavy vehicular or pedestrian traffic, the impacts could be enormous without sufficient control and coordination. Uncoordinated efforts may also adversely impact the quality and longevity of public street maintenance because numerous excavation activity depreciates the life of the surface pavement. Impacts from trenching activity may occur in utility rights-ol-way that contain other Public Services such as irrigation water lines.
The petitioners2 shall coordinate their efforts to install fiber optic cables or additional conduits so that the number of encroachments to the utility rights-of-way are minimized.
These coordination efforts shall also include affected transportation and planning agencies to coordinate other projects unrelated to the petitioners' projects. For example, review of a planning agency IS Capital Improvement Plan (CIP) to identify impacted street projects would be an ,expected pari a/the coordination effort by the petitioner.
Besides coordinating their efforts, the petitioners shall abide by all local construction, maintenance and safety standards (and state standards, if applicable) by acquiring the necessary ministerial permits from the appropriate local agency or CaITrans (if within a State right-ol-way). Examples of these permits are excavation, encroachment and building permits. Appropriate construction start and end times, and dates if appropriate. 2 The petitioners discussed in this Negative Declaration shall coordinate with !!!.CLCs including those listed in the first Negative Declaration adopted by the Commission (0.95-12-057) and all CLCs in future Negative Declarations.
CLCs covered in the first Negative Declaration shall likewise be expected coordinate with those CLCs listed in this, Negative Declaration or any subsequent one adopted by the Commission. 6 190 of 676
shall be employed to avoid peak traffic periods and to minimize disruption, especially if the petitioners' work encroaches upon transportation rights-of-way. Petitioners shall consult with local agencies on appropriate restoration of public service facilities that are 'damaged by the construction and shall be responsible for such restoration.
7. The proposed projects could have potentially significant hazard-related effects because uncoordinated construction efforts described above could potentially interfere with emergency response or evacuation plans. There is also potential for an increase in overhead lines and poles which carry hazard-related impacts.
The same mitigation plan as described in the previous section is applicable here as well, and shall be augmented by notice to and consUltation with emergency response or evacuation agencies if the proposed project interferes with routes used for emergencies or evacuations. The,coordination efforts shall include provisions so that emergency or evacuation plans are not hindered. If the projects result in an increase in overhead communication lines, the petitioner shall obtain the necessary ministerial permitsto erect the necessary poles to support the lines. The Commission shall include these facilities as part of its overhead line regular inspections so that the requirements of G.O. 9S are met.
8. The proposed projects could have potentially significant environmental effects on Noise because it is possible some projects may require excavation or trenching. Although the effect is likely to be short-term, existing levels of noise could be exceeded.
If the petitioner requires excavation, trenching or other heavy construction activities which would produce significant noise impacts, the petitioner shall abide by all applicable local noise standards and shall infonn surrounding property owners and occupants (particularly school districts, hospitals and the residential neighborhoods) of the day(s) when most construction noise would occur. Notice shall be given at least two weeks in advance of the construction.
9. The proposed projects could have potentially significant environmental effects on aesthetics because it is possible that additional lines on poles in utility rights-of-way could become excessive for a particular area Aesthetic impacts may also occur in utility rights-of-Way that are landscaped Moreover, there is potential for an increase in above grade utility service boxes or cabinets which also carry aesthetic impacts.
Local aesthetic concerns shall be addressed by the petitioners for all facilities that are above-ground, in particular all types of service boxes or cabinets. The local land use or planning agency shall be consulted by the petitioner so that any site-specific aesthetic impacts are assessed and properly mitigated. For example, this may include restoration of the landscaped utility rights-of-way.
10. The proposed projects could have potentially significant environmental effects on 7 191 of 676
cultural resources because situations involving additional trenching may result in disturbing known or unanticipated archaeological or historical resources.
The petitioners shall conduct appropriate data research for known cultural resources in the proposed project area, and avoid such resources in designing and constructing the project. Should cultural resources be encountered during construction, all earthmoving activity which would adversely impact such resources shall be halted or altered so as to avoid such impacts, until the petitioner retains the service of a qualified archaeologist who will do the appropriate examination and analysis. The archeologist shall consult with appropriate federal, state and local agencies concerned with cultural resources, so that any potential impacts upon cultural resources are assessed and properly avoided or mitigated. The archeologist shall, in coordination with agencies, develop a plan for avoiding or mitigating any potential impacts upon those resources encountered.
In summary, the Mitigation Measures recommended in this environmental detennination are:
A) All Environmental Facton: if a proposed project extends beyond the utility right-of- way into undisturbed areas or other right-of-way, the petitioner shall file a Petition to Modify its Certificate for Public Convenience and Necessity (CPCN). ("Utility right-of- way" means any utility. right-of-way, not limited to only telecommunications utility right- of-way.) An appropriate enviroruriental analysis of the impacts of these site specific activities shall be done.
If the projects remain within the utility right-of-way, the following Mitigation Measures are 'recommended:
B) General Cumulative Impacts: in the event that more than one petitioner seeks modifications or additions to a particular locality, the petitioners shall coordinate their . .. plans with each other, and consult with affected local agencies so that any cumulative effects on the environment are minimized. These coordination efforts shall reduce the number and duration of disturbance to existing utility right-of-way. Regardless of the number of petitioners for a particular locality. the petitioner shall consult with. and abide by the standards established, by all applicable local agencies. Each petitioner shall file a quarterly report, one month prior to the beginning of each quarter. that summarizes the construction projects that.are anticipated for the coming quarter. The summary will contain a description of the type of construction and the location for each project so that the local planning agencies can adequately coordinate multiple projects if necessary. The reports will also contain a suMmary of the petiti~ner's compliance with all Mitigation Measures for the projects listed. The quarterly reports will be filed with the local planning agencies where the projects are expected to take place and the Commission's Telecommunications Division. The Commission filing will be in the fonn of an informational advice letter. Subsequent quarterly reports shall also summarize the status 8 192 of 676
of the projects listed in previous quarterly report, until they are completed.
C) Geological Resources: the petitioners shall comply with all local design construction and safety standards by obtaining all applicable ministerial permits from the appropriate local agencies including the development and approval of erosion control plans. These shall be developed and implemented for areas identified as particularly unstable or susceptible to erosion. If more than one petitioner plans to excavate sensitive areas, coordination of their plans shall be necessary to minimize the number of disturbances.
The petitioner's compliance with this Mitigation Measure shall be included in its quarterly report.
D) Water Resources: the petitioners shall consult with all appropriate local, state and federal water resource agencies. for projects that are in close proximity to water resources, underground or surface. The petitioners shal'l comply with all applicable local, state and federal water resource regulations including the development of site-specific mitigation pl~ should the projects impact water quality, drainage, direction, flow or quantity. If there is more than one petitioner for a particular area that requires excavation, coordination plans shall be required to minimize the number of disturbances. The petitioner's compliance with this Mitigation Measure shall be included in its quarterly report.
E) Air Quality: the petitioners shall develop and implement appropriate dust control measures during excavation as recommended by the applicable air quality management district. The petitioners shall comply with all applicable air quality standards as established by the affected air quality management districts. If there is more than one petitioner for a particular area that requires excavation, coordination plans shall be required to minimize the number of disturbances. The petitioner's compliance with this Mitigation Measure shall be included in its quarterly report.
F) T.ransportation and Circulation and Public Services: the petitioners3 shall coordinate their efforts to install fiber optic cables or additional conduits so that the number of disturbances to the utility rights-of-way are minimized. These coordination ,efforts shall include affected transportation and plaruiing agencies to coordinate other projects unrelated to the petitioners' projects. For example, review of a planning agency's Capital Improvement Plan. (CIP) to identify impacted street projects would be an expected part of the coordination effort by the petitioner. Besides coordinating their efforts, the petitioners shall abide by all local construction, maintenance and safety standards (and state standards, if applicable) by acquiring the necessary ministerial permits from the appropriate local agency and/or CalTrans (if within Slate right-oj-way).
Examples of these pennits are excavation, encroachment and building permits.
Appropriate construction start and end times. and dates if appropriate, shall be employed 3 See Footnote #2.
9 193 of 676
to avoid peak traffic periods, especially if the petitioners' work encroaches upon transportation rights-of-way. Notice to the affected area (surrounding property owners and occupants) shall be given at least two weeks in advance of the construction. The notice will provide the time and dates of the proposed construction and discussion of potential impacts on traffic and circulation. Petitioners shall consult with local agencies on appropriate restoration of public service facilities that are damaged by the construction and shall be responsible for such restoration. The notice required for Mitigation Measures F and H shall be consolidated. The petitioner's compliance with this Mitigation Measure shall be included in its quarte~ly repo~.
G) Hazards: the petitioners shall use the Transportation and Circulation mitigation measure and augment it by informing and consulting with emergency response or evacuation agencies if the proposed project iriterfereswith routes used for emergencies or evacuations. The coordination effort shall include provisions so that emergency or t:vacuation plans are not hindered. If the projects result in an increase in overhead communication lines, the petitioner shall obtain the necessary ministerial pennits 'to erect the' necessary poles to support the lines. The Commission shall include these facilities as part of its overhead line regular inspections so that the requirements of G.O. 9S are met.
The petitioner's compliance with this Mitigation Measure shall be included in its quarterly report.
H) Noise: the petitioner shall abide by all applicable local noise standards and shall infonn surrounding property owners and occupants, particularly school districts, hospitals . and the residential neighborhoods, of the day(s) when most construction noise would occur if the petitioner plans excavation, trenching or other heavy construction activities which would cause any significant noise. Notice shall be given at least two weeks in . advance of the construction. The notice required for Miti"gation Measures F and H shall be consolidated. The petitioner's compliance with this Mitigation Measure shall be included in its quarterly report.
I) Aesthetics: All applicable local aesthetic standards will be addressed by the petitioners for all facilities that are above-ground, in particular all types of service boxes or cabinets.
The local land use agency shall be consulted by the petitioner 30 that any site-specific aesthetic impacts are assessed and properly mitigated by the petitioner. For example, this may include restoration of the landscaped utility rights-of-way. Petitioner's compliance with this Mitigation Measure shall be included in its quarterly report.
J) Cultural Resources: The petitioners shall conduct appropriate data researchfor Icnown cultural resources in the proposed project area, and avoid such resources in designing and constructing the project. Should cultural resources be encountered during construction, all earthmoving activity which would adversely impact such resources shall be halted or altered until the petitioner retains the service of a qualified archaeologist who will do the appropriate examination and analysis. The archaeologist will provide 10 194 of 676
proposals for any procedures to mitigate the impact upon those resources encountered.
The treatment plan will be designed through coordination with the appropriate federal, state and local agenci!=s. The petitioner's compliance with this Mitigation Measure shall be included in its quarterly report.
General Statement/or all Mitigation Measures:
Although local safety and aesthetic input is essential in minimizing the impact of the petitioner's construction, local jurisdictions cannot impose standards or permit requirements which would prevent petitioners from developing their service territories, or otherwise interfere with the statewide interest in competitive telecommunication service. Therefore, the petitioners' required compliance with local permit requirements is subject to this limitation.
With the implementation of the mitigation measures listed in A) - 1) above, the Commission should conclude that the proposed projects will not have one or more potentially significant environmental effects. The Commission should also adopt a Mitigation Monitoring Plan which will ensure that the Mitigation Measures listed above will be followed and implemented. The Mitigation Monitoring Plan is included wim this Negative Declaration as Appendix C. ~~~::g~r !V.U~G~
Analysis Branch
Energy Division
4·2,7·1~
Date
11 195 of 676
INITIAL STUDY CHECKLIST
Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [XI Land Use and Planning
o Population and Housing
[XI Geological Problems
[g) Water
[XI Air Quality
[XI Transportation/Circulation
CJ Biological Resources
CJ Energy and Mineral Resources
(KJ Hazards
(KJ Noise
mJ Mandatory Findings of
Significance
!Xl Public Services
IXl Utilities and Service
Systems
[iJ Aesthetics
IXl Cultural Resources
Cl Recreation
Note: For COnstructiOD ODtside of the utility rights-of-way, potential environmental impacts are too variable and uncertain to be specifically evaluated in this Initial Study, but are addressed in Environmental Determination 1 and Mitiga~ion Measure (A) in the Negative Declaration.
Determination:
On the basis of this initial evaluation:
I find that the proposed projects COULD NOT have a significant effect on the environment, and a NEGATIVE DEC LARA TION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be·a significant effect in this case be- cause the mitigation measures described on an attached sheet have been added to the projects. A NEGATIVE DEC LARA TION will be prepared.
I find that the proposed projects MA Y have a signifi~t effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed projects MAY have a significant effect(s) on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentialty significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
CJ
[J
196 of 676
I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR. including revisions or mitigation measures that are imposed upon the proposed project.
--ru ~.
. Signature Fit' N - ~o.l~ ~
"llylie Walsh
Pranted Name
4- 2 7-77
Date
Program Manager
Analysis Branch
Energy Division .
California Public Utilities Commission
2 o
197 of 676
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or
zoning?
b) Conflict with applicable environmental plans
or policies adopted by agencies with jurisdiction
over the project?
c) Be incompatible with existing land use in the
vicinit)'~
d) Affect agricultural resourCes or operations
(e.g. impacts to soils or farmlands, or iinpacts
from incompatible land uses)?
e) Disrupt or divide the physical arrangement of
an established community (including a low-
income or minority community)?
Potentially
Significant
Impact
0·
[J
Cl
Cl
o
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
o o
[J [J
o o
Cl Cl
Cl [J
The proposed projects are not anticipated to·have any significant impacts on general or environmental plans. zoning, existing land usage, or agricultural resources. The projects are essentially modifications to existing facilities within established utility rights-of-way. Since these rights-of-way are already designed to be in compliance with zoning and land use plans, disruption of such plans are not foreseeable. In the event that the petitioners need to CO(lstruct facilities that extend beyond the rights-of-way, see Mitigation Measure A in the Negative Declaration.
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or
local population projections?
b) Induce substantial growth in an area either
directly or indirectly (e.g. through projects in
an undeveloped area or extension of major
infrastructure?
c) Displace existing housing, especially affordable
housing?
c
o
Cl
Cl o
CJ
o CJ
The proposed projects will not have impacts upon population or housing. The purpose of the projects is to 3 198 of 676
introduce competition into the local telephone service market. Since competition will be generally statewide and not centered in one locale, it is not anticipated that the projects will have an effect on population projections or housing availability of any particular area. The areas that will not initially receive the competition are rural, less populated areas; it cannot be seen that the initial lack of competitive services in these areas will result in significant movements of people to areas where competition will be heavy.
III. GEOLOGIC PROBLEMS. Would the proposal result
in or expose ,people to potential impacts involving:
a) Fault rupture?
b) Seismic ground shaking?
c) Seismic ground failure, including liquefaction?
d) Seiche, tsunami, or volcanic hazard?
e) Landslides or mudflows?
f) Erosion, changes in topography or unstable
soil conditions from excavation, grading, or
fill?
g) Subsidence of land?
h) Expansive soils?
i) Unique geologic or physical features?
Potentially
Significant
Impact
0 0
0 0
[J
[J
0 0
0 Potentially
Significant
Unless
Mitigation
Incorporated
0 0
0 [J
IX)
.mJ
CJ
CJ
[J
Less Than
Significant No
Impact Impact
0 [8]
0 [&]
0 [&J
0 [&]
[J [J
Cl Cl
0 (8]
0 IXI
0 IX)
The projects will be constructed within existing utility facilities or established t."tility rights-of -way and will therefore not expose people to new risks for any of these impacts, except possibly erosion. Should additional cable facilities require the installation of new or upgraded conduits, trenching, excavation, grading and fill could be required. For appropriate mitigation, see Mitigation Measures (B) and (C) for details in the Negative Declaration.
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns,
or the rate and amount of surface runoff?
b) Exposure of people or property to water
related hazards such as flooding?
4 o o o
o o o
199 of 676
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
c) Discharge into surface waters or other alteration
of surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? 0 . [XI 0· 0
d) Changes in the amount of surface water in any
. water body? 0 0 0
e) Changes in currents, or the course· or direction
of water movements? 0 0 0
f) Change in the quantity of ground waters, either
through direct additions or withd.rawals, or
through interception of an aquifer by cuts or
excavations or through substantial loss of
groundwater recharge capability? 0 [g) CJ 0
g) Altered direction or rate of flow of groundwater? 0 [g) 0· 0 h) Impacts to groundwater quality? . 0 [g) 0 0-
i) Substantial reduction in the amount of groundwater
otherwise available for public water supplies? 0 0 0
The projects will involve alterations to existing telecommunication facilities (underground conduits or overhead poles) but could expose additional risks if more than one petitioner decide to compete in the same locality. Efforts to install cables, or if necessary, new conduits, in utility rights-of-way that are in close proximity to an underground or surface water sources could carry significant effects for quality. flow, quantity, direction or drainage if done improperly and without coordination. See Mitigation Measures (B) and (D) in the Negative Declaration for details.
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute
to an existing or projected air quality violation? o CJ o b) Expose sensitive receptors to pollutants? o CJ o
5 200 of 676
----- ----- -------------------------------------------- ..
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
c) Alter air movement, moisture, or temperature, or
cause any change in climate? [J [J [J IXJ
d) Create objectionable odors? [J Cl [J [XJ
I f the projects do not require excavation or trenching of underground conduits, they wi II not have an effect upon· air quality, movement, temperature or climate. However, should the projects require such work and, if more.than one Petitioner decide to work in the same locale, there is pott.'!·,tial for an increase in dust in the immediate area.
See Mitigation Measures (8) and (E) in the Negative Declaration for details.
VI. TRANSPORTA TION/CIRCULATION.
Would the proposal result in:
a) Increased vehicle trips or traffic congestion?
b) Hazards to safety from design features (e.g.
sharp c.urves or dangerous intersections) or
incompatible uses (e.g. fann equipment)?
c) Inadequate emergency access or access to nearby
uses?
d) Insufficient parking capacity on-site ·or off-site?
,.
e) Hazards or barriers for pedestrians or bicyclists?
f) Conflicts with adopted pol icies supporting
alternative transponation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts?
[J
[J
Cl
[J
Cl
CJ
[J
[J Cl
[J Cl
[J o
[J Cl
Cl o
Cl [J
[J Cl
The petitioners plan to mcdify existing utility conduits or poles within existing utility rights-of-way initially in urban, commercial zones and residential areas. Modification of these facilities by a single party does not present significant impacts upon traffic or circulation since the installation process is not expected to be lengthy.
However, if more than one of the petitioners decide to compete in the same locality, their efforts to install their own cables will have a significant cumulative effect on circ~i:!tion, especially in dense, urban commercial areas.
As a result, increases in traffic congestion, insufficient pari(Jng, and hazards or barriers for pedestrian are possible. See Mitigation Measures (8) and (F) in the Negative Declaration for details. 6 201 of 676
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
VII. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened, or rare species or their
habitats (including but not limited to plants, fish,
insects, an imals, and birds)? 0 Cl Cl (gJ
b) Locally designated species (e.g. heritage trees)? 0 Cl Cl IXl c) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? Cl Cl Cl
d) Wetland habitat (e.g. marsh, riparian and vernal
pool)? Cl Cl Cl CD
e) Wil~life dispersal or migration corridors? 0 Cl 0 (gJ The projects will not affect any biological resources since all anticipated work will occur within existing utility facilities or established utility rights-of -way. Established utility rights-of-way are assumed to be outside of locally d~signated natural communities, habitats or migration corridors.
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal result in:
a) Conflict with adopted energy conservation plans? 0 Cl Cl CD b) Use non-renewable resources in a wasteful and
inefficient manner? 0 Cl Cl IXl
c) Result in the loss of availability of a known mineral resource that would be of future value to the
region and the residents of the State? 0 Cl Cl CD
The projects will no impact upon mineral resources or the use of energy. The projects provide competitive telecommunication services that have no direct relationship to efficient energy use or mineral resources. The installation of additional fiber optic cables are within existing facilities or rights"of-way that are assumed to have adequate mitigation designs to avoid impacts on any mineral resources within proximity. 7 202 of 676
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact I ncoi"porated Impact Impact
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: oil~ pesticides, chemicals or radiation)? [J [J [J
b) Possible interference with an emergency response
plan or.emergency evacuation plan? 0 mJ 0 0
c) . The creation of any health hazard or ·potential
health hazard? 0 [J [J
d) Exposure of people to existing sources of potential
health hazards? [J [J 0 [iJ
e) Increased fire hazard in areas with flammable
brush, grass, or trees? [J [J 0 [XJ
The installation of fiber optic cables can be a quick, clean and simple procedure with little use of heavy machinery. However there may be situations where excavation and trenching of underground conduits is necessary if the conduits are not easily accessible. Should this occur, uncoordinated efforts by the.petitioners in one concentrated area could potentially affect emergency response or evacuation plans for that locale. See Mitigation Measures (8) and (0) in the Negative. Declaration for details. Once the project is completed. the additional cables do not represent any additional hazards to people nor do they increase the possibility of tires.
X .. NOISE. Would the proposal result in:
a) Increases in existing noise levels? [J o CJ
b) Exposure of people to severe noise levels? [J [J o
The anticipated projects can be a quick and simple procedure, but in some cases could require heavy machinery or construction activity such as excavation, trenching, grading and refill. There is also the possibility that uncoordinated efforts by the petitioners in one locale could increase existing noise levels, if their activities involve the construction described. See Mitigation Measures (B) and (H) in the Negative Declaration for details. 8 203 of 676
XI. PUBLIC SERVICES. Would the proposal have an
~ffect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection?
b) Police protection?
c) ·Schools?
d) Maintenance of public facilities, including roads?
e) Other government services?
Potentially
Significant
Impact
0 0
0 0
0 Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
0 0 ~
0 0 ~
0 CJ aD
IXJ CJ 0
[J CJ IX]
The proposed projects will increase competition in the local telephone service. The construction as~ciated with the projects have potential impacts on the maintenance of public streets and roads. Numerous disturbances·to the street surfaces depreciates the quality and longevity of the pavement. Trenching projects may alsO impact oth~r uisting public service facilities (e.g. irrigation lines) in the utility rights-of-way. Mitigation Measure F addresses thIS impact. .
XII. UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas?
b) Communication systems?
c) Local or regional water treatment or
distribution facilities?
d) Sewer or septic tanks?
e) Storm water drainage?
f) Solid waste disposal?
g) Local or regional water supplies?
[J
o
o
o
o
o
o
[J
o o
D· o
o o
o o
o o
o CJ
The proposed projects could substantially alter communication systems in the event that existing facilities are unable to accommodate all of the participants in the market. If this should occur, additional conduits or poles for telecommunication equipment will need to be inserted in existing utility rights-of-way or the petitioners may seek entry to other rights-of-way. If the petitioners are forced to construct outside of the existing utility rights-of-way, 9 204 of 676
Mitigation Measure A is applicable. For work within the rights-of-way, see Mitigation Measure 8 in the Negative Dec laration.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway? 0 [Xl Cl Cl b) Have a demonstrated negative aesthetic effect? 0 [X] 0 Cl c) Create light or glare? CJ 0 0 [XJ
The proposed p~ojects will occur within utility rights of way that will be either be undergrounded or ~n existing poles. Undergrounded facilities will have no demonstrated negative aesthetic effects. However, landscaped UlililY righls-of-way may be impacled by lrenching activilies. Additional lines on the poles may be a concern, but the proposed cables are not easily discernible and will unlikely have a negative impact. The only scenario where an aesthetic effect can occur is if the number of competitors for a particular area become so heavy that the cables on the poles become excessive. . There is potential for an increase in service boxes if the boxes cannot be installed within buildings or underground. Should this occur, the petitioners should follow Mitigation Measures (8) and (I) as described in the Negative Declaration.
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources?
b) Disturb archaeologiCal resources?
c) Affect historical resources?
d) Have potential to cause a physical change
which would affect unique ethnic cultural values?
e) Restrict existing religious or sacred uses within
the potential impact area?
[J
[J
[J
[J
[J
Cl Cl
o o
o o
o o
o Cl
The projects will involve existing utility facilities or established rights-of -way that are assumed to be clear from any paleontological, historical or archaeological resources. However, some projects may require excavation or trenching of utility rights-of-way, or outside the rights-of-way. If known or unanticipated cultural resources are encountered during such work, then the Mitigation Measures (8) and (J) should be followed. See Negative Declaration for details.
10 205 of 676
•
XV. RECREATION. Would the proposal:
a) Increase.the demand for neighborhood or
regional parks or other recreational facilities?
b) Affect existing recreational opportunities?
Potentially
Significant
Impact
Cl
Cl
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
Cl Cl
Cl Cl
The projects will have no impact ,on recreational facilities or opportunities since these resources have no direction relationship to increased competition in local telephone serv.ices.
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species. cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal, or eliminate
important examples of the major periods of Cali fomi a
history or prehistory? Cl [J [J
b) Does the project hllve the potential to achieve
short-term, to the disadvantage of long-term,
envir~>nment81 goals? Cl Cl Cl
c) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probably future
projects.) Cl Cl 0
d) Does the project have environmental effects which
will cause substantial adverse effects on human beings. either directly or indirectly? Cl Cl Cl
11 206 of 676
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207 of 676
208 of 676
..
AppendixC
Mitigation Monitoring Plan
Competitive Local Carrien (CLCs)
Projects for Local Exchange Telecommunication Service throughout California Introduction:
The purpose of this section is to describe the mitigation moni.toring process for the CLCs' proposed projects and to describe the roles and responsibilities of government agencies in implementing and enforcing the selected mitigation measures.
California Public Utilities Commission (Commission):
The Public Utilities Code confers authority upon the Commission to regulate the terms of service and safety, practices and equipmeilt of utilities subject to its jurisdiction. It is the standard practice of the Commission to require that mitigation measmes stipulated as conditions of approval be implemented properly, monitored, and reported on. Section 21081.6 of the Public Utilities Code requires a public agency to adopt a reporting and monitoring program when it approves a project that is subject to the adoption of a mitigated negative declaration.
The purpose of a reporting and monitoring program is to ensure that measures adopted to mitigate or avoid significant environmental impacts are implemented. The Commission views the reporting and monitoring program as a working guide to facilitate not only the implementation of mitigation measures by the project proponents, but also the monitoring, compliance and reporting activities of the Commission and any monitors it may designate.
The Commission will address its responsibility under Public Resources Code Section 21081.6 when it takes action on the CLCs' petitions to provide local exchange telephone service. If the Commission adopts the Negative Declaration and approves the petitions, it will also adopt this Mitigation Monitoring Plan as an attachment to the Negative Declaration.
Project Description:
The Commission has authorized various companies to provide local exchange telephone service in competition with Pacific Bell, GTE California, Roseville Telephone Company and Citizens Telephone Company of California. The .current petitioners notified the Commission of their intent to compete in the territories throughout California, all of which are facilities-based services meaning that they propose to use their own facilities to provide service.
209 of 676
Step 1: Disputes and complaints (including those of the public) shaH be directed first to the Commission's designated Project Manager for resolution. The Project Manager will attempt to resolve the dispute.
Step 2: Should this infonnal process fail, the Commission Project Manager may initiate enforcement or compliance action to address deviation from the proposed project or adopted Mitigation Monitoring Program.
Step. 3: If a dispute or complaint regarding the implementation or evaluation of the Mitigation Monitoring Program or the Mitigation Measures cannot be resolved infonnally or through enforcement or compliance action ~y the Commission, any affected participant in the dispute or complaint may file a written "notice of dIspute" with the Commission's Executive Director. This notice shall be filed in, order to, resolve the dispute in a timely ~er, with copies concWTently served on other affected participants. Within 10 days ofreceipi, the Executive Director or designee(s) shall meet or confer with the filer and other affected participants for purposes of resolvmg the dispute. The Executive Director shall issue an Executive Resolution 4escribing his decisilln, and serve it on the filer and the other participants.
Partie'~; may also seek review by the Commission through existing procedures specified in the Commission's Rules of Practice and Procedure, although a good faith effort should first be made to use the foregoing procedure.
Mitigation Monitoring Program:
1. As discussed in Mitigation Measure B, the petitioners shall file a' quarterly report which summarizes those projects which they intend to construct for the coming quarter. The report will contain a description of the project and its location, and a summary of the petitioner's compliance with the Mitigation Measures described in the Negative Declaration. The purpose of the report is to infonn the local agencies of future projects so that coordination of projects among petitioners in the saine locality can be done. The quarterly report shall be filed with the appropriate planning agency of the locality where the project(s) will occur. The report shall also be filed as an infonnational advice letter with the Commission's Telecommunications Division so that petitioner compliance with the Mitigation Measures are monitored ..
In order to ensure that the Mitigation Measures are fulfilled, the Commission will make periodic reviews of the projects listed in quarterly reports. The projects will be generally chosen at random, although the Commission will review any project at its discretion. The reviews will follow-up with the local jurisdictions so that all applicable Mitigation Measures are addressed. 3 210 of 676
If any project is expected to go beyond the existing utility rights-of-way, that project will require a separate petition to modify the CPCN. The petitioner shall file the petition with the Commission and shall also inform the affected local agencies in writing. The local agencies are also responsible for informing the Commission of any project listed in the quarterly reports which may potentially go out of the existing utility right-of-way. As discussed in Mitigation Measure A, a complete environmental review of the project will be triggered under CEQA, with the Commission as the lead agency.
2. In the event that the petitioner and the local agency do not agree if a project resuits in work outside of the utility rights-of-way, the Commission will review the project and make the final determination. See Dispute Resolution Process discussed above.
3. For projeCts that are in the u,tility rights-of-way, the petitioners shall abide by all applicable local standards as discussed in the Mitigation Measures. If a petitioner fails to comply with local regulatory standards by either neglecting to obtain the necessary permits, or by neglecting to follow the conditions of the permits, the local agency shall notify the Commission and Dispute Resolution Process begins ..
4. The Commission is the final arbiter for all unresolvable disputes between the local agencies and the petitioners. If the Commission finds that the petitioner has not complied with the Mitigation Measures in the Negative Declaration, it may halt and terminate the project. 4 211 of 676
Since many of the facilities-based petitioners are initially targeting local telephone service for areas where their telecommunications infrastructure is already established, very' little construction is envisioned. However, there will be occasion where the petitioners wil1 need to install fiber optic cable within existing utility underground conduits or attach cables to overhead lines. There is the possibility that existing utility conduits or poles will be unable to accommodate all the planned facilities, thereby forcing some petitioners to ,build or extend additional conduits into other rights-of-way, or into undisturbed areas. For more details on the project des'cription please see Project Description in the Negative Declaration.
Roles and Responsibilities:
As the lead agency under the California Environmental Quality Act (CEQA), the Commission is required to monitor this project to ensure that the required mitigation measures are implemented.
The Commission will be responsible for ensuring full compliance with the provisions of this monitoring program and has primary responsibility for implementation of the monitoring program. The purpose ,of this monitoring program is to document that the mitigation measures required by the Commission are implemented and that mitigated environmental impacts are reduced to insignificance or avoided outrigllt.
Because of the geographic extent of the proposed projects, the Commission may delegate duties and responsibilities fot: monitoring to other environmental monitors or consultants as deemed necessary. For specific enforcement responsibilities of each mitigation measure, please refer to the Mitigation Monitoring Table attached to this plan.
The Commission has the ultimate authority to halt any construction, operation, or maintenance activity associated with the CLC's local telephone service projects if the activity is determined to . be a deviation from the approved project or adopted mitigation measures. For details refer to the mitigation monitoring plan discussed below. '
Mitigation Monitoring Table:
'The table attached to this plan presents a compilation of the Mitigation Measures in the Negative Declaration. The purpose of the table is to provide the monitoring agencies with a'single comprehensive list of mitigation measures, effectiveness criteria, the enforcing agencies, and timing.
Dispute Resolution Process:
The Mitigation Monitoring Plan is expected to reduce or eliminate many potential disputes.
However, in the event that a dispute occurs, the following procedure will be observed:
" . -
212 of 676
Mitigation Monitoring Table
beyond or outside of
of the elCisting
utility rlght-of·way
into undisturbed
areas.
pacts due to
multiple disturb-
ances to a par-
ticular area.
Potenllal erosion
due to excavation.
grading and fill.
on
resouces, underground
or surface due to exca-
valion or grading work.
file a
to modify its CPCN. An appropriate
environmentat study of the
project is done.
among
the petitioners and the affect-
ed local agencies so that
construction projects in the
same location can be com-
bined or simultaneous.
with all local design, construc-
lion and safety standards
through permit procesa. Erosion
conlrol plans for areas identified
as susceptible to erosion.
an appropriate water resource
agenctes for prpJecls in dose
proximity to water resouces
Appropriate mitigation plans shan
be developed and compliance to
all local and state water regu-
lations is required .
way is assessed
through an environ-
mental study.
of disturbances to a
particular area are
minimized.
areas is contained.
reellon and quantity
are averted.
local agencies.
Applicable state
. water resource
agencies.
Before
construcllon
Before and
contruction.
construction ..
. The CPUC is ultimately responsible for compliance with the mitigation measures listed in Ihis document, but shall defer the responsibility to federal, state and local agencies, unh:ss otherwise designated.
...
213 of 676
-tzj
Z
'='
0 ~
> "'\:S
"'\:S
tzj
2:
~
H
~
'='
-
Mitigation Monitoring Table
In overhead
poles and communication lines.
Service boxes or cabinets may
be a visual bllghl. landscaping
In utDlty rlghl-of-way may be
Impacted by trenching.
resources are encount·
ered during construcllon; resour·
ces are damaged or moved.
CPUC wiD Inspect the overhead
lines.
shall be complied with by the pet!
tloners.
Pelilloners shan nollce the
surrounding area of construe·
lions date. and limes.
I. All applicable aesthellc
standards win be mel by
petitioners for above-ground
facilities, especlaUy service
cabinets. Consult with local
agencies on proper restoration of
landscaping.
J.AUearthmovingthatwou~
Impact the resources shal
cease or be altered until the
petilloner retains the serv.iee
of an archaeologist who will
propose mltlgallon. Thorough re·
search done prior to construction to
resources.
Quarterly reports.
Quarterfy reports.
J
are Inspected and
maintained as safe.
lion Is kept to levels
that do not exceed
local standards.
Cabinets are placed
within existing build·
Ings, underground, or
In areas that are land·
scaped so that aesthe·
IIc Impacis are mlnlml·
zed. landscaping res·
tored to or Inal form.
Cultural resources that
are encountered are
not destroyed or ad·
veBely Impacted.
local agendes.
agendes
I.
I Local agencies.
local, state
andlor federal
agencies.
during
construction.
I Before
construcllon.
I Before and during
construction.
Before and during construcllon.
214 of 676
PROOF OF SERVICE BY HlUL
I , _----1--~-I-.l-; otM.~~L---:,~' _---, de c 1 a:-e·: ' I am over the age of 18 years, ·~ot a party to this
proc~eding, and am employed by the California Public utilities Commission at 505 Van Ness Avenue, San Francisco, California.
On 6/--W It/; . I depositec. in the mail at
Sa~ F:-ancisco, CaliforrITa:ta-/C of:
(DECISION ~ OR TYPE OF HEARING)
b/J/lf(/ J
(DATE OF HEARING)
IZ rr -<J ~ -0 ~ flZ. f -t -¢7}c,-0 If-Y
(APPLlCATION/CASE/OII/oiR NQXaER)
~~ a sealed envelope, with postage p:-epai6, a~~:-ess~d to the las:, k.:l0 ..... adci=esfJ of each o! the adc:-esse es :":1 the att~c~e::
l':'st.
I declare ~~de= penalty 0: pe:-j~~ that the fo:-ego:"~S a n9 ~ort#-t anc that ~his decla:-aticn was exec~tec o~ ________ ~~~~~~~~~----, at San F=ancisco, Ca~i:o~ia.
j ---rt
"sicno:l: re
9/92
f
215 of 676
R 95-04-043
I 95-04-044
DECISION: i J -0 6 -o-tJ
MAIL DATE: 'lyV/Ji
Copy of" OPINION" and order mailed to the following.
SEE ATTACHED LIST FOR APPEARANCES, STATE SERVICE
6/18/99
Iii
doc #15576 (rev. 3/4/98)
Count
CA-21
6/24/99
216 of 676
************ SERVICE LIST *************
Last updated on 18-JUN-1999 by: LIL
R9504043 LIST
I9504044
***************** APPEARANCES ***************** William Brown SUITE 14E06
Matthew C. Ames
WILLIAMS MALONE/WILLIAMS L. LOWERY
Attorney At Law·
1155 CONNECTICUT AVE., NW, STE. 1000
WASHINGTON DC 20036
(202) 785-0600
[email protected]
For: BO&MAI/IREM/NAA/NAREIT/NMHC
Randolph W. Deutsch
Attorney At Law
AT&T COMMUNICATIONS OF CALIFORNIA, INC.
795 FOLSOM STREET, ROOM 690
SAN FRANCISCO CA 94107
(415) 442-5560
[email protected]
Jerry Varcak
Vice President
BANK OF AMERICA
PO BOX 37000, DEPT 13892
SAN FRANCISCO CA 94137
(925) 675-1042
[email protected]
Jeffrey F. Beck
BECK & ACKERMAN
4 EMBARCADERO CENTER, SUITE 760
SAN FRANCISCO CA 94111
(415) 263-7300
[email protected]
Stephen P. Bowen
Attorney At Law
BLUMENFELD & COHEN
4 EMBARCADERO CENTER, SUITE 1170
SAN FRANCISCO CA 94111
(415) 394-7500
[email protected]
For: SpectraNet International
Walter C. Finch
Executive Vice President
BOMA CALIFORNIA
1000 BROADWAY, SUITE 355
OAKLAND CA 94607-4090
1100 PEACHTREE ST, NE
ATLANTA GA 30309-4599
For: bakersfield cellular
Debra L. Carlton
Vice President
CALIFORNIA APARTMENT ASSOCIATION
980 NINTH STREET, STE 2150
SACRAMENTO CA 95814-2741
(916) 447-7881
Darlene Clark
CALIFORNIA CABLE TELEVISION ASSN.
PO BOX 11080
OAKLAND CA 94611
(510) 428-2225
[email protected]
Jerome Candelaria
Attorney At Law
CALIFORNIA CABLE TV ASSOCIATION
4341 PIEDMONT AVENUE, 2ND FLOOR
OAKLAND CA 94611-4715
For: CCTA, AT&T,ICG,TCG San Francisco, TCG Los
Angeles, TCG San Diego
Carmela Castellano
1535 MISSION STREET
SAN FRANCISCO CA 94103
Joshua M. King
Senior Counsel
CELLULAR ONE/DIGITAL PCS
651 GATEWAY BLVD., SUITE 1500
SOUTH SAN FRANCISCO CA 94080
(650) 827-5656
Jon Chambers
1850 M STREET, N.W. 11TH FLR.
WASHINGTON DC 20036
For: Sprint Telecommunications Venure
217 of 676
************ SERVICE LIST *************
Charles E. Born
Director, Regulatory Affairs
CITIZENS COMMUNICATIONS
7901 FREEPORT BLVD., SUITE 200
SACRAMENTO CA 95832
(916) 665-5355
[email protected]
Barbara L. Snider
Attorney At Law
CITIZENS COMMUNICATIONS COMPANY
7901 FREEPORT BLVD., SUITE 100
SACRAMENTO CA 95832
(916) 665-5335
[email protected]
Louise Renne
CITY AND COUNTY OF SAN FRANCISCO
1390 MARKET ST., SUITE 250
SAN FRANCISCO CA 94102
For: City of LA/Sacramento/San Carlos/San Jose/
Santa Monica/San Mateo Cnty Tel Auth/City & Cnty
San
Robert D. Herrick
City Attorney
CITY OF MORENO VALLEY
14177 FREDERICK STREET
MORENO VALLEY CA 92552-0805
(909) 413-3036
For: CITY OF MORENO VALLEY
Nick Rahe
CITY OF SANTA ANA
PO BOX 1988
SANTA ANA CA 92702
Traci Bone
JULIA M.C. FRIEDLANDER
Deputy City Attorney
CITY/COUNTY OF SAN FRANCISCO
1390 MARKET ST., 5TH FLOOR
SAN FRANCISCO CA 94102-5408
(4l5) 554-4257
For: The City of LA/Sacramento/San Carlos/San
Jose/Santa Monica;San Mateo Co Telcom Auth;S.F.
City &
Terry Monroe
Vice President, State Affairs
COMPETITIVE TELECOMMUNICATIONS ASSN
1900 M STREET, N.W., SUITE 800
WASHINGTON DC 20036
(202) 296-6650
[email protected]
E. Garth Black
Attorney At Law
COOPER, WHITE & COOPER
201 CALIFORNIA ST., 17TH FLOOR
SAN FRANCISCO CA 94111
(4l5) 433-1900
[email protected]
Mark P. Schreiber
Attorney At Law
COOPER, WHITE & COOPER, LLP
201 CALIFORNIA STREET, 17TH FLOOR
SAN FRANCISCO CA 94111
(415) 433-1900
[email protected]
For: Roseville Telephone Company/Smaller
Independent LECs
Dhruv Khanna
Vice President, General Counsel
COVAD COMMUNICATIONS COMPANY
2330 CENTRAL EXPRESSWAY
SANTA CLARA CA 95050
(408) 490-4560
[email protected]
Carrington Phillip
COX CALIFORNIA TELCOM INC.
1400 LAKE HEARN DRIVE NE
ATLANTA GA 30319
Richard Smith
Director, State Regulatory Affairs
COX CALIFORNIA TELCOM, LLC
2200 POWELL STREET, SUITE 795
EMERYVILLE CA 94608-2618
(510) 923-6220
[email protected]
Karen L. Peterson
Attorney At Law
CROSBY HEAFEY ROACH & MAX
1999 HARRISON STREET, 26TH FLOOR
OAKLAND CA 94612
(510) 466-6855
[email protected]
Daniel M. Waggoner
DAVIS WRIGHT TERMAlNE
2600 CENTURY SQUARE
1501 FOURTH AVENUE
SEATTLE WA 98101-1688
218 of 676
************ SERVICE LIST *************
David J. Marchant
Attorney At Law
DAVIS WRIGHT TREMAINE LLP
ONE EMBARCADERO CENTER, STE 600
SAN FRANCISCO CA 94111-3834
(415) 276-6568
[email protected]
For: Teleport Commun.Grp,Cable Plus,
Mark P. Trinchero
Attorney At Law
DAVIS WRIGHT TREMAINE LLP
1300 SW 5TH AVENUE, SUITE 2300
PORTLAND OR 97201
For: ELECTRIC LIGHTWAVE
Jones Day
555 W FIFTH ST SUITE 4600
LOS ANGELES CA 90013
Shelly Bergum
Executive Director
DEAF & DISABLED TELECOM PROGRAM
1939 HARRISON STREET, SUIT~ 520
OAKLAND CA 94612-3532
Virginia J. Taylor
Attorney At Law
DEPARTMENT OF CONSUMER AFFAIRS
400 R STREET, SUITE 3090
SACRAMENTO CA 95814-6200
(916) 445-5126
Laura H. Phillips
Dml LOHNES & ALBERTSON
1:00 NEW HAMPSHIRE AVENUE, N.W.
~ASHINGTONDC 20036-6802
Penny H. Bewick
Government & Industry Affairs
ELECTRIC LIGHTWAVE, INC.
4400 NE 77TH AVENUE, PO BOX 4678
VANCOUVER WA 98662-0678
(360) 896-3211
Hal Kluis
President
EVANS TELEPHONE COMPANY
4918 TAYLOR COURT
TURLOCK CA 95382-9599
Bill Tynes
FEDERAL COMMUNICATIONS CORPORATION
131 ALBRIGHT WAY SUITE C
LOS GATOS CA 95030
Jerrey P. Gray
Attorney At Law
. GOODIN MACBRIDE SQUERI RITCHIE & DAY LLP
505 SANSOME STREET, STE 900
SAN FRANCISCO CA 94111
(415) 392-7900
[email protected]
For: Mountain Celluar
John L. Clark
Attorney At Law
GOODIN MACBRIDE SQUERI RITCHIE & DAY LLP
505 SANSOME STREET, 9TH FLOOR
SAN FRANCISCO CA 94111
(415) 765-8443
[email protected]
For: HTC COMMUNICATIONS, LLC
Michael B. Day
Attorney At Law
GOODIN MACBRIDE SQUERI RITCHIE & DAY LLP
505 SANSOME STREET, SUITE 900
SAN FRANCISCO CA 94111-3133
(415) 392-7900
[email protected]
Peter W. Hanschen·
Attorney At Law
GRAHAM AND JAMES LLP
ONE MARITIME PLAZA, SUITE 300
SAN FRANCISCO CA 94111
(415) 954-0258
[email protected]
Barry Pineles
Regulatory Counsel
GST TELECOM, INC.
4001 MAIN STREET
VANCOUVER WA 98663
(360) 906-7104
[email protected]
Susan Rossi
GTE OF CALIFORNIA INCORPORATED
LEGAL DEPARTMENT
ONE GTE PLACE, CA500LB
THOUSAND OAKS CA 91362-3811
(805) 372-6358
[email protected]
219 of 676
Schelly Jensen
Manager-Government Relations
GTE WIRELESS
12677 ALCOSTA BOULEVARD
SAN RAMON CA 94583-0811 '
(510) 904-3908
Bruce M. Holdridge
Director, Government Affairs
ICG TELECOM GROUP, INC.
180 GRAND AVENUE, SUITE 1000
OAKLAND CA 94612
(510) 251-7033
K.S. Noller
Assistant General Manger
IMPERIAL IRRIGATION DISTRICT
PO BOX 937
IMPERIAL CA 92251
Earl Nicholas Selby
Attorney At Law
************
LAW OFFICES OF EARL NICHOLAS SELBY
418 FLORENCE STREET
PALO ALTO CA 94301-1705
(650) 323-099'0
[email protected]
Kim Logue
Regulatory Analyst
LCI INTERNATIONAL TELECOM CORP.
4250 N. FAIRFAX DRIVE, 12W002
ARLINGTON VA 22203
(703) 363 -,4321
[email protected]
Terry J. Houlihan
Attorney At Law
MCCUTCHEN DOYLE BROWN & ENERSEN LLP
3 EMBARCADERO CENTER, 18TH FLOOR
SAN FRANCISCO CA 94111
(4l5) 393-2022
[email protected]
William C. Harrelson
ANTHONY DITIRRO
Attorney At Law
MCI WORLDCOM
201 SPEAR STREET, 9TH FLOOR
SAN FRANCISCO CA 94105
(415) 228-1090
[email protected]
Woody Trayler
MCIMETRO
2250 LAKESIDE BLVD
RICHARDSON TX 75082
SERVICE LIST *************
Mary E. Wand
Attorney At Law
MORRISON & FOERSTER LLP
425 MARKET STREET
SAN FRANCISCO CA 94105
(415) 268-7201
[email protected]
Hojoon Hwang
Attorney At Law
MUNGER TOLLES & OLSON LLP
355 S. GRAND AVE., 35TH FLOOR
LOS ANGELES CA 90071-1560
(213) 683-9150
[email protected]
Burton Gross
MUNGER, TOLLES & OLSON, LLP
33 NEW MONTGOMERY STREET 19TH FLOOR
SAN FRANCISCO CA 94105
(4l5) 512-4024
[email protected]
Terry Murray
MURRAY & ASSOCIATES
227 PALM DRIVER
PIEDMONT CA 94610
Helen M. Mickiewicz
Legal Division
RM. 5123
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-1319
[email protected]
Joseph R. Cocke
NORTH AMERICAN NUMBERING PLAN ADM
SUITE 349
2060-D AVENUE ARBOLES
THOUSAND OAKS CA 91362
Martin A. Mattes
Attorney At Law
NOSSAMAN GUTHNER KNOX & ELLIOTT, LLP
50 CALIFORNIA STREET, 34TH FLOOR
SAN FRANCISCO CA 94111,-4799
(4l5) 398-3600
[email protected]
Robert J. Gloistein
Attorney At Law
ORRICK HERRINGTON & SUTCLIFFE, LLP
400 SANSOME STREET
SAN FRANCISCO CA 94111-3143
(4l5) 773-5900
[email protected]
220 of 676
************ SERVICE LIST *************
David Discher
ROBERT J. MAZIQUE
Attorney At Law
PACIFIC BELL
140 NEW MONTGOMERY ST, ROOM 1517
SAN FRANCISCO CA 94105
(4l5) 542-7747
[email protected]
For: Pacific Bell
Ed Kolto Wininger
Attorney At Law
PACIFIC BELL
140 NEW MONTGOMERY ST., ROOM 1619
SAN FRANCISCO CA 94105
(4l5) 545-9422
ed.kolto.wininger®pactel.com
Nicola Erbe
Attorney At Law
PACIFIC BELL
140 NEW MONTGOMERY ST., ROOM 1514
SAN FRANCISCO CA 94105
(415) 542'-7691
[email protected]
Louis E. Vincent
Attorney At Law
PACIFIC GAS AND ELECTRIC COMPANY
PO BOX 7442
SAN FRANCISCO CA 94120
(4l5) 973-2981
For: Pacific Gas and Electric Company
Michelle L. Wilson
Attorney At Law
PACIFIC GAS AND ELECTRIC COMPANY
PO BOX 7442, LAW DEPT.
SAN FRANCISCO CA 94120
(415) 973-7467
For: PACIFIC GAS AND ELECTRIC COMPANY
Isabelle Salgado
PACIFIC TELESIS LEGAL GROUP
2600 CAMINO RAMON, ROOM 2W802
SAN RAMON CA 94583
Peter A. Casciato
Attorney At Law
PETER A. CASCIATO, A PROF. CORP.
8 CALIFORNIA STREET, SUITE 701
SAN FRANCISCO CA 94111-4825
(415) 291-8661
[email protected]
For: ASSOCIATION OF DIRECTORY PUBLISHERS'
Randall B. Lowe
PIPER & MARBURY, L.L.P.
1200 NINETEENTH STREET, NW
WASHINGTOM DC 20036
Cheryl Hills
Attorney At Law
PRIMA LEGAL SERVICES
2317 BROADWAY, SUITE 350
REDWOOD CITY CA 94063
(650) 261-0500
[email protected]
For: Cox California Telcom
Maria E. Andrade
PUBLIC ADVOCATES, INC.
1535 MISSION STREET
SAN FRANCISCO CA 94103-2500
(4l5) 431-7430
[email protected]
Daniel Weaver
SAN FRANCISCO BEAUTIFUL
41 SUTTER STREET, SUITE 709
SAN FRANCISCO CA 94104
Natalie D. Wales
Attorney At Law
SPRINT COMMUNICATIONS COMPANY L.P.
1850 GATEWAY DRIVE, 7TH FLOOR
SAN MATEO CA 94404-2467
(650) 513-2732
[email protected]
Andrew Lipman
SWIDLER BERLIN SHEREFF FRIEDMAN, LLP
3000 K ST NW STE 300
WASHINGTON DC 20007
Peter J. Stapp
Vice President Of Regulatory Policy
TCI TELEPHONY SERVICES, INC.
5619 DTC PARKWAY
ENGLEWOOD CO 80111-3000
221 of 676
- ,
" ************ SERVICE LIST *************
Andrew O. Isar
Director, Industry Relations
TELECOMMUNICATIONS RESELLERS ASSN.
4312 92ND AVENUE, N.W.
GIG HARBOR WA 98335
(253) 265-3910
[email protected]
Deborah Waldbaum
r:AREN NOTSUND
kttorney At Law
TELEPORT COMMUNICATIONS GROUP INC
1350 TREAT BOULEVARD, STE 500
~KLNUT CREEK CA 94596
~:=hael A. Morris
r~3ional Vice President
-:-::::"EPORT COMMUNICATIONS GROUP INC.
; ~~:;ULATORY AND EXTERNAL AFFAIRS
· ·:'0 TREAT BLVD.
•. =.:..NUT CREEK CA 94596
. : 0) 949-0600
- :[email protected]
~ :.-)mas Long
..• UTILITY REFORM NETWORK
-:~ VAN NESS AVE., STE 350
· ;~; FRANCISCO CA 94102
.;: 5) 929-8879
· . ong@turn . org
:"":::il o. Simpson, Jr.
~s ARMY LEGAL SERVICES AGENCY
?Ql NORTH STUART STREET, SUITE 713
KRLINGTON VA 22203-1837
(703) 696-1643
[email protected]
Susan Davis Morley
WIGGINS & VILLACORTA, P.A.
2145 DELTA BOULEVARD, STE 200
TALLAHASSEE FL 32302
(850) 385-6007
[email protected]
Michael J. Thompson
Attorney At Law
WRIGHT & TALISMAN, PC
1200 G STREET, N.W., STE 600
WASHINGTON DC 20005
(202) 393-1200
[email protected]
David A. Simpson
Attorney At Law
YOUNG VOGL HARLICK WILSON & SIMPSON LLP
425 CALIFORNIA ST., STE 2500
SAN FRANCISCO CA 94104
(415) 291-1970
[email protected]
For: Western Fiber telecom, LLC
David M. Wilson
Attorney At Law
YOUNG VOGL HARLICK WILSON & SIMPSON LLP
425 CALIFORNIA STREET, STE 500
SAN FRANCISCO CA 94104-2107
(415) 291-1970
*************** STATE SERVICE ****************
Joseph A. Abhulimen
Telecommunications Division
AREA 3-E
505 VAN NESS AVE
SAN FRANCISCOCA 94102
(415) 703-1458
[email protected]
Natalie Billingsley
Office of Ratepayer Advocates
RM. 4101
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(415) 703-1368
[email protected]
Mary Jo Borak
Telecommunications Division
AREA 3-D
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(415) 703-1879
[email protected]
Danny Shields
Manager
CALTRANS RIGHTS-OF-WAY PROGRAMS
1120 N STREET, MS 37
SACRAMENTO CA 95814-5690
Tracey F. Pirie
Administrarive Analyst
CITY OF SANTA BARBARA
PO BOX 1990
SANTA BARBARA CA 93102-1990
222 of 676
..
Jerry Jazmadarian
Telcommunications Manager
COUNTY OF PLACER
2809 SECOND STREET
AUBURN CA 95603
(530) 889-7735
Brian M. Chang
Office of Ratepayer Advocates
RM. 4205
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-1333
[email protected]
Robert T. Feraru
Public Advisor Office
RM. 5303
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-2074
[email protected]
Janice L. Grau
Legal Division
RM. 5023
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-1960
[email protected]
Risa Hernandez
Telecommunications Division
AREA 3-D
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-5331
[email protected]
Karen Jones
Telecommunications Division
AREA 3-D
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-1955
[email protected]
Ira Kalinsky
Legal Division
RM. 5027-
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(415) 703-2130
[email protected]
************ SERVICE LIST *************
Victoria S Kolakowski
ORA/CIB
Office of -Ratepayer Advocates
RM. 4102
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(415) 703-2245
[email protected]
For: ROOM 4102, 3-2245
Jonathan Lakritz
Telecommunications Division
AREA 3-E
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(415) 703-2117
[email protected]
Thomas Lew
Office of Ratepayer Advocates
RM. 4205
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(415) 703-1784
[email protected]
Bill Neill
Private Citizen, Professional Engineer
PO BOX 33666
SAN DIEGO CA 92163-3666
(619) 231-1313
[email protected]
Barbara Ortega
Executive Division
RM. 5109
320 WEST 4TH STREET SUITE 500
LOS ANGELES CA 90013
(213) 576-7070
[email protected]
Dale Piiru
Office of Ratepayer Advocates
RM. 4101
505 VAN NESS AVE
_SAN FRANCISCO CA 94102
(4l5) 703-1726
[email protected]
Thomas R. Pulsifer
Administrative Law Judge Division
RM. 5005
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-2386
[email protected]
223 of 676
************ SERVICE LIST *************
Jacqueline A. Reed
Administrative Law Judge Division
RM. 5117
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-2935
[email protected]
Utilities And Communications Committee
SENATE ENERGY
STATE CAPITOL ROOM 408
SACRAMENTO CA 95814
Eleanor Yung Szeto
Telecommunications Division
AREA 3-D
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(415) 703-2253
[email protected]
Leah A. Senitte
9-1-1 Program Mgr.
TELECOMMUNICATIONS DIVISION
601 SEQUOIA PACIFIC BLVD
SACRAMENTO CA 95814-0282
Allan G. Tolman
Departmentof General Services
TELEPHONE & NETWORK SVCS.
601 SEQUOIA PACIFIC BLVD.
SACRAMENTO CA 95814
Jensen Uchida
Telecommunications Division
AREA 3-D
505· VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-5953
[email protected]
Lionel B. Wilson
Legal Division
RM. 5136
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(415) 703-1642
[email protected]
************** INFORMATION ONLY ***************
Clifford G. Rudolph
President And Chief Exec. Officer
ADVANCED TELCOM GROUP, INC.
885 N. SAN ANTONIO ROAD, SUITE R
LOS ALTOS CA 94022
(650) 559-8900
Richard C. Nelson
Director - Regulatory
AIRTOUCH COMMUNICATIONS, INC.
ONE CALIFORNIA STREET, 28TH FLOOR
SAN FRANCISCO CA 94111-5401
(415) 658-2059
Mark J. Angell
ANGELL & ASSOCIATES
1075 ROSEWOOD DRIVE
GRAPEVINE TX 76051
(817) 329-7424
For: Digital Telecommunications Services, LLC
Glenn Stover
Attorney At·Law
AT&T COMMUNICATIONS
795 FOLSOM STREET, ROOM 670
SAN FRANCISCO CA 94107
(415) 442-5550
[email protected]
William A. Ettinger
Attorney At Law
AT&T COMMUNICATIONS OF CALIFORNIA, INC.
795 FOLSOM STREET, ROOM 625
SAN FRANCISCO CA 94107
(415) 442-2783
[email protected]
For: AT&T Communications of California, Inc.
Kurt Maass
AT&T WIRELESS SERVICES, INC.
5400 CARILLON POINT
KIRKLAND WA 98033
Mary Kruchten
BANK OF AMERICA
PO BOX 37000 DEPT 13411
SAN FRANCISCO CA 94137
M. Manuel Fishman
Attorney At Law
BARTKO ZANKEL TARRANT MILLER
900 FRONT STREET, STE 300
SAN FRANCISCO CA 94111
(4l5) 956-1900
[email protected]
224 of 676
.- ************ SERVICE LIST *************
Char~es L. Best
Attorney At Law
1220 S. W. MORRISON ST., SUITE 8.05
PORTLAND OR 97205
Stephen P. Bowen
Attorney At Law
BLUMENFELD & COHEN
4 EMBARCADERO CENTER, SUITE 1170
SAN FRANCISCO CA 94111
(415) 394-7500
[email protected]
James E. Pickrell
BRAND X INTERNET
927 6TH STREET
SANTA MONICA CA 90403
(310) 395-5500
Milton J. Morris, Esq.
Attorney
BROOKS FIBER COMMUNICATIONS OF SAC.
10316 PLACER LANE
SACRAMENTO CA 95827
(916) 431-5105
For: Brooks Fiber Communications of Sacramento,
Inc.
Rachel J. Rothstein
Senior Regulatory Counsel
CABLE & WIRELESS, INC.
8219 LEESBURG PIKE
VIENNA VA 22182
(703) 734-4439
Jeff Kositsky
CAL/NEVA COMMUNITY ACTION
225 30TH ST STE 200
SACRAMENTO CA 95814
Traci Nutter
CALIFORNIA PAY PHONE ASSOCIATION
1866 CLAYTON ROAD, SUITE 213
CONCORD CA 94520
Jeffrey Elkins Ceo
CAL TECH INTERNATIONAL TELECOM
197 JOAQUIN CIRCLE
DACVILLE CA 94526
Douglas F. Carlson
POST OFFICE BOX 12574
BERKELEY CA 94712-3574
(510) 597-9995·
[email protected]
Heidi Sieck Williamson
Dept Of Telecommunications & Information
CITY & COUNTY OF SAN FRANCISCO
875 STEVENSON STREET, 5TH FLOOR
SAN FRANCISCO CA 94103
(415) 554-0811
heidi [email protected]
Bremda Riddick
Director
CLEC IMPLEMENTATION
1250 BAYHILL DRIVE, STE 200
SANBRUNO CA 94066
(650) 794-2689
[email protected]
Michele Tennant
COLE RAYWID BRAVERMAN
1919 PENNSYLVANIA AVE., NW., SUITE 200
WASHINGTON DC 20006-3458
Nancy Biagini
Cwa Staff Representative
COMMUNICATIONS WORKERS OF AMERICA
411 AIRPORT BOULEVARD
BURLINGAME CA 94010
(650) 348-7303
Ken Mceldowney
Executive Director
CONSUMER ACTION
717 MARKET STREET, SUITE 310
SAN FRANCISCO CA 94103
Thomas J. Burke
CONTEL SERVICE CORPORATION
#CA500 GCF
ONE GTE PLACE
THOUSAND OAKS CA 91362-3811
Bernard H. Chao
Esquire
COVAD COMMUNICATIONS COMPANY
2330 CENTRAL EXPRESSWAY
SANTA CLARA CA 95050
(408) 490-4367
[email protected]
Alexander V. Netchvolodoff
Vice President Of Public Policy
COX ENTERPRISES, INC.
1225 19TH STREET NW, STE 450
WASHINGTON DC 20036-2458
225 of 676
..;.
************ SERVICE LIST *************
Cherrie Conner
Telecommunications Division
AREA 3-D
505 VAN NESS AVE
SAN FRANCISCO CA 94102
(4l5) 703-2767
[email protected]
Joseph Faber
Attorney
DAVIS WRIGHT TREMAINE LLP
ONE EMBARCADERO CENTER
SUITE 600
SAN FRANCISCO CA 94111-3834
(4l5) 276-6500
For: New Telco, d/b/a Sprint Telecommunications
Venture
Juanita Harris
DEPARTMENT OF JUSTICE/TELECOM TASK FORCE
ANTITRUST DIVISION NO.8104
1401 H STREET NW, STE 8000
WASHINGTON DC 20530
(202) 514-5642
For: DEPARTMENT OF JUSTICE
David Carter
DIALINK CORPORATION
164 E. DANA STREET
MOUNTAIN VIEW CA 94041-1508
(650) 691-9330
T.M. Eagan
Calif. Environmental & Resource Assc.
EAGAN & WARD
1024 10TH STREET, STE. 300
SACRAMENTO CA 95814-3514
Kevin P. Timpane
FIRST WORLD COMMUNICATIONS, INC.
878 ELIZABETH STREET
SAN FRANCISCO CA 94114
Esther H. Rosenthal
Regulatory Counsel
FIRSTWORLD COMMUNICATIONS
9333 GENESEE AVENUE, SUITE 200
SAN DIEGO CA 92121
(615) 552-8010
Gwen Moore
GEM COMMUNICATIONS
4201 WILSHIRE BLVD., STE 300
LOS ANGELES CA 90010
Regina Deangelis
Attorney At Law
GOODIN MACBRIDE SQUERI RITCHIE & DAY LLP
505 SANSOME STREET, SUITE 900
SAN FRANCISCO CA 94111
(4l5) 392-7900
For: Preferred Long Distance, Inc.
Regina M. Deangelis
Attorney At Law
GOODIN MACBRIDE SQUERI RITCHIE & DAY LLP
505 SANSOME STREET, STE 900
SAN FRANCISCO CA 94111
(4l5) 392-7900
Michael Gersick
GRATTAN GERSICK KARP MILLER
980 9TH STREET, 16TH FLOOR
SACRAMENTO CA 95814-2719
Gary Yaquinto
Vice President, Government Affairs
GST TELECOM INC.
1201 S. ALMA SCHOOL ROAD, STE 2000
MESA AZ 85210
Ken Snow
Director-Government Affairs
GST TELECOM, INC.
1340 TREAT BLVD., SUITE 100
WALNUT CREEK CA 94596
Margo Friedrich
Regulatory Affairs
GTE CALIFORNIA INCORPORATED
711 VAN NESS AVE., STE 300
SAN FRANCISCO CA 94102
[email protected]
Helen Hall
GTE CARD SERVICES INCOPORATED
5221 N. O'CONNOR BLVD., 13TH FLOOR
IRVING TX 75039
Gordon Allen
GTE CARD SERVICES INCORPORATED
1200 WALNUT HILL LANE, STE 2600
IRVING TX 75038
226 of 676
Brenda J. Boykin
LOUIS GURMAN
************
GURMAN , BLASK & FREEDMAN, CHARTERED
1400 SIXTEENTH STREET, N.W., SUITE 500
WASHINGTON DC 20036
(202) 328-8200
For: Commco Tec Corporation
Leslie S. Spahnn
HElM NOACK KELLY & SPAHNN
1121 L STREET, SUITE 100
SAXRAMENTO CA 95814
Linda L. Oliver
HOGAN & HARTSON
555 THIRTEENTH STREET, N.W.
WASHINGTON DC 20004-1109
(202) 637-5600
[email protected]~
Allan C. Hubbard, Esq.
Regulatory Counsel
POST OFFICE BOX 10804
300 WEST SERVICE ROAD
CHANTILLY VA 20153
(703) 478-5772
For: Access Network Services, Inc.
Jack Burk
President
INTEGRATED TELESERVICES, INC.
7108 N. FRESNO STREET, SUITE 300
FRESNO CA 93720
Richard C. Hall
INTEL CORPORATION
1900 PRAIRIE CITY RD, Mis FM4-125
FOLSOM CA 95630-9598
Lance Sentman
International Research Analyst
INTERNATIONAL TELCOM, LTD.
417 SECOND AVENUE WEST
SEATTLE WA 98119
(206) 479-2899
For: INTERNATIONAL TELCOM, LTD.
Edward ·W. O'Neill
Attorney At Law
JEFFER MANGELS BUTLER & MARMARO LLP
ONE SANSOME STREET, 12TH FLOOR
SAN FRANCISCO CA 94104
(4l5) 392-8080
[email protected]
SERVICE LIST *************
Jonathan E. Canis
Attorney
KELLEY DRYE & WARREN
1200 19TH STREET, N.W., SUITE 500
WASHINGTON DC 20036
(202) 955-9600
For: Intermedia Communications, Inc.
Ross A. Buntrock
BRAD E. MUTSCHELKNAUS
KELLEY DRYE & WARREN LLP
1200 19TH STREET, FIFTH FLOOR
WASHINGTON DC 20036
(202) 955-9600
For: ACSI Local Switched Services, Inc. dba
e.spire
David Klein
KLEIN ZELMAN ROTHERMEL & DICHTER, LLP
485 MADISON AVENUE
NEW YORK NY 10022
(212) 935-6020
For: Eagle Communications of California , LLC
Scott M. Johnson
Attorney At Law
LAW OFFICE OF SCOTT M. JOHNSON
21312 FOREST MEADOW
EL TORO CA 92630-5813
(949) 855-6358
For: Brand X Internet
David A. Jones
LEAGUE OF CALIFORNIA CITIES
1400 K STREET
SACRAMENTO CA 95814
Thomas Mcdonald
Attorney
LEBOEUF LAMB GREENE & MACRAE
ONE EMBARCADERO CENTER
SAN FRANCISCO CA 94111
(4l5) 951-1100
For: MCI Metro Access Transmission Services, I
Jacqueline R. Kinney
Attorney At Law
LEGAL AND LEGISLATIVE SERVICES
2788 LAND PARK DRIVE
SACRAMENTO CA 95818
227 of 676
************ SERVICE LIST *************
Terrence J. Ferguson
Senior Vice President & General Counsel
LEVEL 3 COMMUNICATIONS, LLC
3555 FARNAM STREET
OMAHA NE 68131
(402) 536-3624
General Counsel
LOS ANGELES CELLULAR TELEPHONE CO.
17785 CENTER COURT DRIVE
NORTH CERRITOS CA 90703-8575
Mark Brown
Senior Attorney.
MCI TELECOMMUNICATIONS CORP.
201 SPEAR STREET, 9TH FLOOR
SAN FRANCISCO CA 94105
(4l5) 978-1292
Kent Heyman, Esq.
Vice President & General Counsel
MGC COMMUNICATIONS, INC.
3165 PALMS CENTRE DRIVE
LAS VEGAS NV 89103
(702) 310-1000
Marilyn H. Ash
Associate Legal Counsel
MGC COMMUNICATIONS, INC.
3301 N. BUFFALO DRIVE
LAS VEGAS NV 89129
(702) 310-8461
[email protected]
Rocky N. Unruh
Judith A. Holiber
MORGENSTEIN &JUBELIRER LLP
ONE MARKET PLAZA
For: MCI Metro Access Transmission Services, Inc. SPEAR STREET TOWER, 32ND FLOOR SAN FRANCISCO CA 94105
Denise V. Thomas
MCI WORLDCOM
2678 BISHOP DRIVE, STE 200
SAN RAMON CA 94583
Nikayla Nail
Attorney At Law
MCI WORLD COM
201 SPEAR STREET, 9TH FLOOR
SAN FRANCISCO CA 94105
(415) 228-1150
[email protected]
Mark E Brown
JOHN A. GUTTIEREZ
MEDIAONE TELECOMMUNICATIONS OF CALIF, INC
1999 HARRISON STREET, STE 660
OAKLAND CA 94612-3517
Lonn L. Beedy
METRO ONE COMMUNICATIONS
8405 S W NIMBUS AVENUE
BEAVERTON OR 97008
Francis F. Chin
General Counsel
METROPOLITAN TRANSPORTATION COMMISSION
JOSEPH P. BORT METRO CENTER
101 EIGHTH STREET
OAKLAND CA 94607-4700
(510) 464-7710
(415) 896-0666
Lorrie Bernstein
MOSS ADAMS
1899 WEST MARCH LANE, SUITE F
STOCKTON CA 95207-6422
(209) 957-5851
Gregory M. Duncan, Ph.D.
Vice President
NATIONAL ECONOMIC RESEARCH ASSOC. INC.
777 SOUTH FIGUEROA STREET, STE. 4200
LOS ANGELES CA 90017
Jane Emerson
Manager Of Research
NEW PARADIGM RESOURCES GROUP, INC
12 S. MICHIGAN AVE., 5TH FLOOR
CHICAGO IL 60603
Karen M. Potkul
Attorney At Law
NEXTLINK CALIFORNIA, INC.
1924 E. DEERE AVENUE, STE 110
SANTA ANA CA 92705
(949) 417-7766
[email protected]
Steven Gorosh, Esq.
Vice President & General Counsel
NORTHPOINT COMMUNICATIONS
222 SUTTER STREET, 7TH FLOOR
SAN FRANCISCO CA 94108
For: NORTHPOINT COMMUNICATIONS
228 of 676
Jose E. Guzman, Jr.
Attorney At Law
************
NOSSAMAN GUTHNER KNOX & ELLIOTT LLP
50 CALIFORNIA STREET, 34TH FLOOR
SAN FRANCISCO CA 94111-4799
(415) 398-3600
[email protected]
SERVICE LIST *************
D.M. Carroll
PAGING SYSTEMS, INC
PO BOX 4249
BURLINGAME CA 94011-4249
Peter A. Casciato
Attorney At Law
For: METROPOLITAN TRANSPORTATION COMMISSION PETER A. CASCIATO, A PROF. CORP. 8 CALIFORNIA STREET, SUITE 701
SAN FRANCISCO CA 94111-4825
(415) 291-8661
[email protected]
Audrey P. Rasmussen
O'CONNOR & HANNAN, L.L.P.
SUITE 800
:919 PENNSYLVANIA AVENUE, N.W.
;';;,SHINGTON DC 20006-1400
:02) 887-1400
r.l~e Riley
:~~ICE OF ASSEMPLYMAN WALLY KNOX
:'-:-';TE CAPITOL
,. ')M 6025
, :,:-RAMENTO CA 95814
<6) 316-2042
• ," e. [email protected]
~ : .>j W. Daniel
. ~ : ,::m TELECOM.
BOX 9227
::r''';PORT BEACH CA 92658-9227
::',1:-1 K. Oshiro
:~unselor At Law
100 FIRST STREET, SUITE 2540
SAN FRANCISCO CA 94105
(415) 927-0158
[email protected]
James B. Young
COLLEN M. O'GRADY
PACIFIC BELL
140 NEW MONTGOMERY ST. RM 1619
SAN FRANCISCO CA 94105
(415) 545-0422
Robert Mazique
Attorney
PACIFIC BELL
140 NEW MONTGOMERY STREET
15TH FLOOR
SAN FRANCISCO CA 94105
(415) 542-7712
For: Pacific Bell
Peter A. Casciato
Attorney At Law
PETER A. CASCIATO, A PROF. CORP.
8 CALIFORNIA STREET, SUITE 701
SAN FRANCISCO CA 94111-4825
(4l5) 291-8661
[email protected]
For: Time Warner Telecom of California, L.P.
Bonnie Y. Cheng
Director Of Operations
PHOENIX INTEGRATION CORPORATION
7773 EAST GARVEY AVENUE., SUITE 832
ROSEMEAD CA 91770
(909) 868-0808
Jeff Hen4rix
PROTEL, INC.
4150 KIDRON ROAD
LAKELAND FL 33811
Deborah Kong
SAN JOSE MERCURY NEWS
750 RIDDER PARK DRIVE
SAN JOSE CA 95190
(408) 920-5922
Stephen Buel
SAN JOSE MERCURY NEWS
750 RIDDER PARK DRIVE
SAN JOSE CA 95126
Keith W. Melville
Attorney At Law
SEMPRA ENERGY
101 ASH STREET
SAN DIEGO CA 92101-3017
(619) 699-5039
[email protected]
229 of 676
David M. Norris
Attorney At Law
. SIERRA PACIFIC POWER COMPANY
6100 NEIL ROAD, PO BOX 10100
RENO NV 89520-0024
(775) 834-4208
[email protected]
Linda Burton
SIERRA TELEPHONE
PO BOX 219
OAKHURST CA 93644-0219
Carol B. Henningson
Attorney At Law
************
SOUTHERN CALIFORNIA EDISON COMPANY
2244 WALNUT GROVE AVE.,
ROSEMEAD CA 91770
(626) 302-1911
Jeffrey M. Pfaff
Attorney At Law
SPRINT PCS - LEGAL/REGULATORY
4900 MAIN STREET, 11TH FLOOR
KANSAS CITY MO 64112
(816) 559-1912
Thomas K. Braun
STEPTOE & JOHNSON, LLP
2244 WALNUT GROVE AVENUE
ROSEMEAD CA 91770
(818) 302-4413
[email protected]
Charles H.N. Kallenbach
Attorney
SWIDLER & BERLIN, CHARTERED
3000 K STREET, NW., SUITE 300
WASHINGTON DC 20007
(202) 424-7715
For: L.D. Services, Inc.
James Falvey
Attorney
SWIDLER & BERLIN, CHARTERED
3000 K STREET, NW., SUITE 300
WASHINGTON DC 20007
(202) 424-7706
For: GST Lightwave (CA), Inc.
SERVICE ·LIST *************
Richard M. Rindler
Attorney
SWIDLER & BERLIN, CHARTERED
3000 K STREET, NW., SUITE 300
WASHINGTON DC 20007
(202) 424-7500
For: WorldCom Technologies, Inc.
Lawrence A. Walke
Attorney At Law
SWIDLER BERLIN SHEREFF FRIEDMAN LLC
3000 K STREET, NW, SUITE 300
WASHINGTON DC 20007
(202) 424-7500
For: DSLnet COMMUNICATIONS, INC.
Phyllis Whitten
SWIDLER BERLIN SHEREFF FRIEDMAN, LLC
3000 K STREET, N.W., SUITE 300
WASHINGTON DC 20007-5116
(202) 424-7500
Andrew D. Lipman
KATHLEEN L. GREENMAN
SWIDLER BERLIN SHEREFF FRIEDMAN, LLP
3000 K ST., N.W., SUITE 300
WASHINGTON DC 20007
(202) 94~-6922
Carol Critchlow-Bentley
SWIDLER BERLIN SHEREFF FRIEDMAN, LLP
3000 K STREET, N.W., STE. 300
WASHINGTON DC 20007
(202) 424-7793
Louise Beale
Consultant
TECHNOLOGIES MANAGEMENT, INC.
PO DRAWER 200
WINTER PARK FL 32790-0200
(407) 740-8575
Julie Richey
Marketing Director
TEL COM PLUS
5251 110TH AVE. NORTH, STE 118
CLEARWATER FL 33760
(813) 572-7832
Mark O'Krent
TELEPHONE CONNECTION OF LOS ANGELES
9911 WEST PICO BLVD., STE. 680
LOS ANGELES CA 90035-2710
230 of 676
' .... ************ SERVICE LIST *************
Mike Freedman
Regional Business Manager
TELIGENT, INC.
111 BROADWAY,· SUITE 1300
OAKLAND CA 94607-5500
Terri Natoli
CAROLYN SHUP, ESQ.
Esquire
TELIGENT, INC.
8065 LEESBURG PIKE, STE 400
VIENNA VA 22180
Edwin D. Jones
TESCO
355 STARLING ROAD
MILL VALLEY CA 94941
(4l5) 383-1825
Patricia J Osorio
THE GREENLINING INSTITUTE
785 MARKET ST 3RD FLOOR
SAN FRANCISCO CA 94103-2003
Kenneth F. Melley, Jr.
Vice President Of Regulatory Affairs
U.S. LONG DISTANCE, INC.
9311 SAN PEDRO, SUITE 300
SAN ANTONIO TX 78216
(210) 525-9009
Steve Page
US DATA HIGHWAY CORP.
1113 HOPKINS WAY
PLEASANTON CA 94566
(925) 454-8624
Michael Shames
Attorney At Law
UTILITY CONSUMERS' ACTION NETWORK
1717 KETTNER BLVD., SUITE 101
SAN DIEGO CA 92101-2532
(619) 696-6966
[email protected]
Glen Carolo
VALLEY COMMUNICATIONS INCORPORATED
47221 FREMONT BOULEVARD
FREMONT CA 94538
(510) 659-9955 X314
[email protected]
Bruce J. Weston
Attorney At Law
169 WEST HUBBARD AVENUE
COLUMBUS OH 43215-1439
Kathleen Villacorta
Attorney
WIGGINS & VI LLACORTA , P.A.
POST OFFICE BOX 1657
501 EAST TENNESSEE STREET, SUITE B
TALLAHASSEE FL 32302
(904) 222-1534
For: Business Discount Plan, Inc. d/b/a L:D.
Discount Plan
David Wilner
PO BOX 2340
NAVATO CA 94948-2340
. Maia Ettinger
Legal Director
WORKING ASSETS FUNDING SERVICE, INC.
101 MARKET STREET, NO. 700
SAN FRANCISCO CA 94105
(4l5) 369-2084
Walter Mcgee
WORKING ASSETS FUNDING SERVICE
701 MONTGOMERY ST., SUITE 400
SAN FRANCISCO CA 94111
Rachelle B. Chong
WENDY CHOW/COUDERT BORTHERS
XL NETWORKS, INC.
4 EMBARCADERO CENTER, SUITE 3300
SAN FRANCISCO CA 94111
(4l5) 986-1300
For: XL NETWORKS, INC.
Rachelle B. Chong
XL NETWORKS, INC.
4 EMBARCADERO CENTER, SUITE 3300
SAN FRANCISCO CA 94111
(4l5) 986-1300
David A. Simpson
Attorney At Law
YOUNG VOGL HARLICK WILSON & SIMPSON LLP
425 CALIFORNIA ST., STE 2500
SAN FRANCISCO CA 94104
(4l5) 291-1970
[email protected]
For: Bakersfield Cellular Telephone Company
231 of 676
232 of 676