San Mateo City Council
November 21, 2022

CITY OF SAN MATEO
City Council Regular Meeting
November 21, 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:

November 21, 2022
To join via telephone: (408) 638-0968
Webinar ID: 815 0770 6635 Passcode: 656711
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. Cheryl Angeles – Proclamation

2. Commendatory Resolution – Deputy Mayor Diane Papan

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

3. City Council Meeting Minutes - Approval
Approve the minutes of the City Council special and regular meetings of November 7, 2022.

CEQA: This approval 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).)

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4. San Mateo Consolidated Fire Department Board – Appointment Appoint Councilmember Lee as the alternate to the San Mateo Consolidated Fire Department Board of Directors.

CEQA: This administrative action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

5. Police Activities League – Reorganization and Appropriation Adopt a Resolution to reorganize the structure of the Police Activities League and authorize the appropriation of funds in the amount of $95,688 from the Police Activities League to reallocate a vacant Community Services Supervisor to a Community Services Section Manager and to add one additional Full Time Equivalent (FTE) Community Services Coordinator position.

CEQA: This resolution 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).)

6. Downtown Business Improvement Area - Ordinance Adoption Adopt an Ordinance to modify the basis and method of levy for the Downtown Business Improvement Area (DBIA).

CEQA: This item is exempt from California Environmental Quality Act (CEQA) requirements because it is an administrative activity that will not have a significant effect on the environment per CEQA Guidelines section 15378(b)(5).

7. San Mateo Public Library Main Branch Café Operating Lease – Agreement Adopt a Resolution to approve a Property Lease and Operating Agreement with Rafat Haddad for operation of the 3 Bees Café at the Main Library Branch for two years commencing on November 22, 2022 through November 21, 2024 in accordance with Municipal Code Section 3.62.030(b); and authorize its execution by the City Librarian.

CEQA: This amendment 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).)

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8. Downtown San Mateo Grade Separation Consolidated Railroad Infrastructure and Safety Improvements Program – Application
Adopt a Resolution to authorize an application for the Federal Railroad Administration Railroad (CRISI) Program in the amount of $6,000,000 to fund the development of a project study report, preliminary engineering plans, and environmental planning documents to assess the Reconnecting San Mateo Grade Separations Project; commit $2,000,000 in local matching funds; and authorize the City Manager, to execute a funding agreement with the Federal Railroad Administration.

CEQA: The authorization of a grant application is not a project subject to CEQA because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, and because a grant application is an administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Sections 15378(b)(4), (b) (5))

9. Marina Lagoon Vegetation and Water Quality Management – Appropriation and Amendment Adopt a Resolution to appropriate $316,300 to the Marina Lagoon Management budget from the City’s General Fund; approve Amendment No. 5 to the agreement with Waterworks Industries, Inc. to add scope, extend the term until March 15, 2024, and add compensation for Marina Lagoon vegetation and water quality management in the amount of $830,000 for a new agreement total of $1,738,980; establish a contingency reserve of $82,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue any change orders within the contingency amount.

CEQA: This Vegetation and Water Quality Management Agreement is categorically exempt from CEQA because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

10. Gasoline Fuel Procurement and Delivery Services – Amendment Approve Amendment No. 3 to the agreement with Pinnacle Petroleum, Inc. for gasoline fuel procurement and delivery services in the amount of $250,000, for a new overall potential agreement total of $1,625,000, inclusive of the City’s remaining options to extend the agreement; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue any change orders within the contingency amount.

CEQA: This amendment 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).)

11. Renewable Diesel Fuel Procurement and Delivery Services – Amendment Approve Amendment No. 3 to the agreement with Bosco Oil, Inc. dba Valley Oil Company for procurement and delivery of red and clear renewable diesel services in the amount of $150,000, for a new overall potential agreement total of $975,000, inclusive of the City’s remaining options to extend the agreement; establish a contingency reserve in the amount of $60,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue any change orders as allowed by the agreement within the contingency amount.

CEQA: This amendment 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)

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(5).)

12. Transfer of Property Rights from County of San Mateo to City of San Mateo – Amendment Adopt a Resolution to approve the amendment to the agreement for transfer of property rights from the County of San Mateo to the City of San Mateo with regard to the North Shoreview Flood Improvement project and authorize the City Manager to execute the amendment in substantially the form presented.

CEQA: This amendment is not subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) CEQA analysis was completed for the North Shoreview Flood Improvements Project and was approved by City Council on October 19, 2015. Under section 15074 of the CEQA Guidelines, the City adopted a negative declaration for this project.

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.

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.

13. 2023 Solid Waste Collection Rates – Increase
Adopt a Resolution to establish maximum rates for solid waste, recycling, and organic collection for Rate Year 2023.

CEQA: This action by the City in setting the maximum rates to be charged by Recology San Mateo County relates to funding an on-going solid waste collection service and is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

OLD BUSINESS

14. Transit-Oriented Development Pedestrian Access Plan – Adoption Adopt a Resolution to adopt the City of San Mateo Transit-Oriented Development Pedestrian Access Plan.

CEQA: The Transit-Oriented Development Pedestrian Access Plan is statutorily exempt from CEQA under Public Resources Code Sections 21080.20 and 21080.25 because all the proposed projects in the Plan are consistent with CEQA-exempt transportation projects as provided by SB 288. Individual projects in the Plan are not yet funded, and each project will require a separate CEQA analysis at the time of design and construction. Additionally, the Plan is not a project subject to CEQA because it can be seen with certainty that adoption of the Plan itself will not cause physical change in the environment. (Public Resources Code Section 21065.)

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.

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ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:

Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

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PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
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until 4 p.m. the day of the meeting.

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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.

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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.

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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

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 10-1111 File ID: 22-6867 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: November 21, 2022
SUBJECT:

City Council Meeting Minutes - Approval
RECOMMENDATION:

Approve the minutes of the City Council special and regular meetings of November 7, 2022.

BUDGET IMPACT:

There is no budget impact associated with this administrative item.

ENVIRONMENTAL DETERMINATION:

This approval 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 2022-11-07 Special
Att 2 - Minutes 2022-11-07 Regular

STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042

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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
November 7, 2022
Council Chambers 5:30 PM
Special Meeting

CALL TO ORDER -
Roll Call

Present: Mayor Bonilla, Council Members: Lee, Goethals and Rodriguez Deputy Mayor Papan arrived at 5:35 p.m.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:32 p.m. to consider:

1. Conference with Legal Counsel – Existing Litigation, Workers' Compensation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of claimant: William Davenport The City Council reconvened at 5:43 p.m.

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

2. Draft 2023-2031 Housing Element Study Session
Eloiza Murillo-Garcia, Housing Manager, provided a presentation on the history of the Housing Element effort.

Zachary Dahl, Deputy Director of Community Development, provided an overview of the 91 comments received, outlined the activity that needs to take place for the eight-year housing element cycle, and explained the next steps in the process. He requested direction on 13 comments called out regarding responses to the California Department of Housing and Community Development’s comment letter on the City’s Draft Housing Element.

Council asked questions of staff. Staff and Consultant Diana Elrod responded to questions. Prasanna Rasiah, City Attorney, responded to question regarding exposure to lawsuit.

Public Comment – Ken Abreu expressed the need to deal with the housing crisis on a regional basis. Jeremy Levine stated this Council is not moving in a direction to make substantial changes. Karyl Eldridge, One San Mateo, commented on impact of non-dense housing on affordability. Mitch Speigle spoke of implementation issues. Jordan Grimes stated there are a myriad of issues with the staff report.

Council asked additional questions of staff.

The City Council convened to the Regular Meeting at 7:05 p.m. and reconvened to the Study Session at 10:41 p.m.

Further discussion ensued and staff felt confident in moving forward with Council recommendations.

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ADJOURNMENT – After a moment of silence, the meeting adjourned in honor of Lory Lorimar Lawson, Margaret Donnellan, and Linda McCoy at 11:34 p.m.

APPROVED BY: SUBMITTED BY:

Rick Bonilla, Mayor Patrice Olds, City Clerk

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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez

CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

November 7, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER – The meeting was called to order at 7:05 p.m.

Pledge of Allegiance
Roll Call

Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals, and Rodriguez

CEREMONIAL

1. George Smith (San Mateo County Veteran of the Year 2022) – Recognition – George Smith received the recognition and Thomas Weissmiller provided accolades.

2. San Mateo Age Friendly Action Plan – Update - Bob Palacio, Community Services Manager, Parks and Recreation, and Monika Lee, Senior Citizens Commissioner, provided an update on the initiative.

CONSENT CALENDAR
The following items, 3 through 5 and 7 through 14, were considered to be routine by the City Council. Item 6 was removed to be considered separately. 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: Lee
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 October 17, 2022.

4. 2022 Triennial Building Code Update and Adoption of Dangerous Building Code – Ordinance Adoption Adopt 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; and adopt by reference the 1997 Uniform Code for the Abatement of Dangerous Buildings.

Enactment: Ordinance No. 2022-11

5. “Appeal of Administrative Citation” Amendments – Ordinance Adoption Adopt 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.

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Enactment: Ordinance No. 2022-12

7. Mosquito Vector Control District - Reappointment
Reappoint Ed Degliantoni as a member of the Board of Trustees of the San Mateo County Mosquito & Vector Control District for a two-year term beginning January 1, 2023 and ending December 31, 2024.

8. Art in Public Places 2022 Report and Plan, Civic Arts Committee Renewal and Reappointments – Approval
Approve the Art in Public Places 2022 Report & Plan, renew the Civic Arts Committee for two years, reappoint the current Civic Arts Committee members, and approve the expenditure of $10,000 from the Art in Public Places Fund for the Equity Art Project artist selection process.

9. Enterprise Resource Planning System Replacement Project – Change Order Approve a change order to the agreement with Collaborative Solutions for adding 1099-G and Dunning Letter services in the amount of $14,700, for a revised contract agreement total of $1,298,720.

10. Private Development and Right-of-Way Support Services – Agreement Approve an agreement with CSG Consultants, Inc. for private development and right-of-way support services in the amount of $150,000 for a term from December 1st, 2022, through December 1st, 2023, and authorize the Public Works Director to execute the agreement in substantially the form presented.

11. Landscape Services for Marina Lagoon Maintenance Project Habitat Mitigation Monitoring Plan - Agreement
Approve an agreement with WRA Landscape Restoration, Inc. for the implementation of the Marina Lagoon Maintenance Project Habitat Mitigation Monitoring Plan in an amount not to exceed $93,080; establish a contingency reserve of $9,300; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

12. Fashion Island Boulevard/19th Avenue Class IV Bikeway – Application Adopt a Resolution to approve the submittal of an application to the San Mateo County Transportation Authority for Measure A and W Pedestrian and Bicycle Program Grant Funding for the Fashion Island Boulevard/19th Avenue Class IV Bikeway project in the amount of $2,000,000 with a local match requirement of approximately $200,000; and, if awarded, authorize the City Manager to execute all required documents and appropriate funds to the project.

Enactment: Resolution No. 128 (2022)

13. Wastewater Treatment Plant Immediate Action Project, Package II – Appropriation Adopt a Resolution to authorize an appropriation of funds in the amount of $477,677 from the Sewer Fund Reserves for the Wastewater Treatment Plant Immediate Action Projects, Package II Project, revising the total project budget to a value of $13,021,372.

Enactment: Resolution No. 129 (2022)

14. Wastewater Treatment Plant Supply of Liquid Polymer – Contract Change Order Approve a contract change order to SNF Polydyne for the supply of liquid emulsion polymer in the amount of $15,000 for a revised total contract amount of $394,303 and authorize the Public Works Director to execute the change order in substantially the form presented.

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END OF CONSENT CALENDAR

REMOVED FROM CONSENT CALENDAR

6. Sustainability-Related Amendments to the 2022 California Building Standards Code – Ordinance Adoption
Gary Germano expressed his concerns with all electric appliance requirements. Mayor Bonilla provided additional information. Council Member Rodriguez noted for the record that he would be voting no as he did on the introduction of the ordinance.

Motion to Adopt an Ordinance to amend the San Mateo Municipal Code Chapter 23.40 "Energy Code" to adopt the 2022 California Energy Code by reference and 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. Motion passed 4-1.

Moved: Goethals, Seconded: Lee
Ayes: Bonilla, Papan, Lee, and Goethals
Noes: Rodriguez

Enactment: Ordinance No. 2022-13

PUBLIC COMMENT
Michael Weinhauer outlined the issue with the removal of campaign signs by Planning Commissioner Adam Nugent. Lisa Tanner reiterated Commissioner Nugent had no authority to remove the signs and noted this misdemeanor is a chargeable offense. Dave Cohen, Ethics San Mateo, requested Council establish an independent ethics commission as part of city governance and respectfully demand Council to take immediate action to cause an independent and transparent investigation of Commissioners Patel, Ebner, Nugent, and Council Member Lee’s use of social media. Kevin Simpson is very disturbed by what took place and the pattern of the action Nugent has taken. Trina Pierce stated concern that seniors are asking for blue painting on curb to indicate handicap parking and feel they are being retaliated against because of the request. Heather Cleary, Vice Chair, San Mateo Area Chamber of Commerce, thanked the City for their partnership now and in the past partnership working on a vibrant business community. Rick Ballard stated he knows Adam Nugent to be a person of integrity and requested stop making assumptions without evidence. Rich Kranz is concerned with removing multiple signage of candidates and noted the City Council cannot appear to do nothing. Raayan Mohtashemi stated interest in understanding more clearly sidewalk repair program works; public is misinformed.

PUBLIC HEARING

15. Downtown Business Improvement Area - Public Hearing Jennifer Chen, Economic Development Manager, and Sara Mares, Consultant, provided an update on the proposed Downtown Business Improvement Area (DBIA) and outlined the changes addressed as a result of feedback from the community. Council had no questions.

Public Comment – Louis Paycheck stated that after two years of business struggling due to Covid, it is not the right time to increase fees – he requested it be tabled for five years. Heather Cleary, Vice Chair of Chamber of Commerce and CEO of Peninsula Family Service, is very supportive of raising the rates to improve the Downtown area. Andrew Geositt commented that his wife pays fees for a business license and that business dropped off 30- 40% over Covid, instead of raising fees why not help people out; i.e. free parking should be offered especially for business owners. Susan Uzunoglu, had a 37-year business in Downtown area, Covid was very tough; but as a board member, recognizes the need for an executive director to promote the Downtown area. Robert Anderson, DSMA

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Board, outlined some accomplishments of the DSMA impacting positively Downtown. Colleen Rafferty expressed support and that Main Street is a key component of a healthy and vibrant community. Heather Anne said she is happy to pay fees, taxes, and is gratified to learn the fee schedule has been shifted but expressed concern why the DSMA is a private 501(c)6. Jonathan Stone remarked that he sent a letter in support of this matter and also is voicing his support because DSMA needs to provide services. Anne Kenney is concerned with the new fee structure from DSMA and concern with cleaning sidewalks and garages. Rafat Haddad, 3 Bees Coffee on 3rd Avenue, supports proposal of DSMA which has helped improve his business. City Manager Corbett clarified that the DSMA is funded by the assessment and not taxpayers’ money.

Council Member Rodriguez commented he is very supportive of the changes – long overdue – and desires a heightened commitment to tangible success metrics to track progress and ensure accountability. He requested surveys and polling of the businesses to check in on success. Council asked additional questions of staff. Lew Cohen, DSMA President, responded.

Motion to Introduce an Ordinance to modify the basis and method of levy for the Downtown Business Improvement Area (DBIA); and adopt a Resolution to approve the Proposed Annual Assessment Schedule for the DBIA for Fiscal Year 2023-24. Motion passed 5-0.

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

Enactment: Resolution No. 130 (2022)
Council recessed from 8:25 pm to 8:30 pm.

NEW BUSINESS

16. Draft Goals, Policies and Actions for the Land Use, Community Design and Historic Preservation, and Safety Elements – General Plan Update
Zachary Dahl, Community Development Deputy Director, and Joanna Jansen, PlaceWorks Consultant, provided a presentation on the General Plan policies under consideration. Council asked questions of staff.

Public Comment – Lisa Diaz Nash stated she is concerned with projected growth and affiliated transition. Ken Abreau commented on land use policy, jobs housing fit, and used the commercial linkage fee. Shawn Fahrenbruch concerned with rent control. Trina Pierce asked questions about SB1000 and residents’ involvement. Jordan Grimes is concerned with the jobs housing imbalance and noted the City is behind on housing the workforce. Sean Reese, Field Representative of the NorCal Carpenters Union at Local 217, would like construction labor standards within the General Plan noting construction workers are systematically abused through wage theft. Laurie would appreciate adding language regarding historic districts. Pamela Rittelmeyer commented on extreme heat events needing to be included in the General Plan.

Council provided comments on the policies and goals including community benefits dashboard, historic preservation, increased outreach, including sea level rise concerns, union labor issues, childcare, objective standards, community health and adding Shoreview and North Shoreview as equity priority community.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Goethals commented that the community very much wants to save Draegers and requested to schedule a special meeting for December 1st at 6:00 p.m. regarding this matter. Council unanimously concurred. Council Member

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Rodriguez requested the matter of the removal of campaign signs by a commissioner be agendized at the next meeting for fact finding purposes. Papan concurred. However, there was not Council consensus to do so.

ADJOURNMENT –The meeting convened at 10:03 p.m. to continue the Study Session.

APPROVED BY: SUBMITTED BY:

Rick Bonilla, Mayor Patrice Olds, City Clerk

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CITY OF SAN MATEO

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: 10-1111 File ID: 22-6804 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: November 21, 2022
SUBJECT:

San Mateo Consolidated Fire Department Board Appointment RECOMMENDATION:

Appoint Councilmember Lee as the alternate to the San Mateo Consolidated Fire Department Board of Directors.

BACKGROUND:

Deputy Mayor Papan currently serves as the alternate member representative to the San Mateo Consolidated Fire Department Board of Directors. With the Deputy Mayor resigning from her post on December 4, 2022 to be sworn in to the California State Assembly, a new alternate will need to be selected. This alternate assignment is expected to bridge the gap between December 5, 2022 and January 3, 2023, when new external liaison assignments for Councilmembers are made. While the Fire Board does not have a regular meeting scheduled between December 5th and January 3rd, it is prudent to have an alternate appointed in case a special meeting needs to be called. Staff recommends that Council appoint Councilmember Lee as the alternate to the Fire Board.

BUDGET IMPACT:

There is no budgetary impact of taking this administrative action.

ENVIRONMENTAL DETERMINATION:

This administrative action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

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

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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: 18-6115 File ID: 22-6744 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: November 21, 2022
SUBJECT:

Police Activities League – Reorganization and Appropriation RECOMMENDATION:

Adopt a Resolution to reorganize the structure of the Police Activities League and authorize the appropriation of funds in the amount of $95,688 from the Police Activities League to reallocate a vacant Community Services Supervisor to a Community Services Section Manager and to add one additional Full Time Equivalent (FTE) Community Services Coordinator position.

BACKGROUND:

The San Mateo Police Activities League (PAL) is a collaborative effort between the San Mateo Police Department and the San Mateo Parks and Recreation Department to keep kids on track, in school, and away from negative and troubling behaviors. PAL is a 501(c)(3) non-profit organization, with oversight guided by a volunteer board of directors. The Police Department and Parks and Recreation Department each provide one full-time City employee dedicated to assisting with PAL operations. These positions are funded by the City’s General Fund. The PAL Board employs one full-time staff member directly. The Parks and Recreation Department provides a full-time supervisor who is responsible for PAL’s day-to-day operations. Supervision is provided via a section manager who is currently assigned to oversee numerous other duties in Recreation.

Challenges with the Current Structure:

The PAL Parks and Recreation supervisor position has historically been difficult to recruit. Traditionally, the position has been filled as a short-term 1 or 2-year specialty assignment. The role requires skills and experience that are unique to this partnership. Often PAL loses a great deal of momentum, institutional knowledge, and experience when rotations occur.

The success of PAL and the wide range of activities and special events offered provides ongoing challenges for staffing as many are after school, evenings, and on weekends. This necessitates additional personnel hours for effective coverage and successful delivery. PAL’s current organizational structure (Attachment 2) does not provide the infrastructure and leadership of a dedicated unit, with many of the administrative and organizing duties being auxiliary to event and course supervision. The supervisor from Parks and Recreation assigned to providing oversight regularly engages in lower-level duties due to the quantum of programming and the schedule of activities that cannot be effectively executed by a single 40-hour work schedule. Further, event coordination and programming are better aligned to a coordinator role, while direction, leadership and representation to the PAL governing board are best carried out at section manager level. The proposed organization structure (Attachment 3) illustrates the additional FTE to support with the programming and scheduling of the activities and events provided. These factors make it difficult to grow and expand on the valuable community service programs provided by PAL as is evident by extensive waitlists.

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CITY OF SAN MATEO
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Proposed Reorganization:

Staff proposes reorganizing PAL to provide stability and greater service to the community (Attachment 3). The elevation of the supervisor position to a section manager is necessary to reflect the increased management functions that are expected and necessary to effectively run this unit. The section manager would provide overall leadership, direction, and management of all PAL Parks and Recreation-related operations. The section manager will be the clear management conduit between the PAL Board, Police Department, Parks and Recreation Department, schools, non-profits, and other local businesses. This proposed restructure includes adding a coordinator role, allowing PAL to increase programming. This position will also serve as the face of PAL for events, programs, and fundraising and promote interest and involvement by identifying kids and families in need of PAL support.

Benefits:

Reorganizing PAL with a section manager and coordinator as opposed to a single supervisor will enable program-specific leadership and direction, with additional programming of a higher quality leading to success in PAL's mission of attracting and keeping youth away from negative and troubling behaviors. Dedicated leadership will increase the effectiveness and allow for growth for PAL programs, events, and outreach. These positions will be instrumental in clearing extensive waitlists for programs while ensuring future capacity, as well as provide career development opportunities for community- focused employees. The proposed reorganization and funding plan have been presented to PAL’s Board of Directors and has received its unanimous support. Additionally, the positional reallocations have been discussed with the impacted bargaining groups, and they are supportive of the changes. Per San Mateo Municipal Code Section 2.57.030(d), approval of position reallocations must be approved by City Council resolution.

BUDGET IMPACT:

The current PAL Parks & Recreation supervisor position is funded in the Parks and Recreation Department’s General Fund operating budget. Reallocating this position from supervisor to section manager will result in an additional annual cost of approximately $50,404. Adding a coordinator position will result in an additional annual cost of $140,973, for a total of $191,377. These additional annual costs in excess of the City’s current funding commitment will be fully reimbursed by PAL on an ongoing basis, resulting in no net financial impact to the City. An appropriation of $95,688 is being requested to cover costs for the remainder of the current fiscal year, and ongoing annual costs will be incorporated into the next fiscal year’s operating budget.

ENVIRONMENTAL DETERMINATION:

This resolution 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 - PAL’s current organizational structure
Att 3 - PAL's proposed organizational structure

STAFF CONTACT
Nicholas Tsiorvas, Business Manager
[email protected]
(650) 522-7408

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

RESOLUTION TO REORGANIZE THE EXISTING STRUCTURE OF THE POLICE ACTIVITIES LEAGUE AND AUTHRIZE THE APPROPRIATION OF FUNDS IN THE AMOUNT OF ($95,688) FROM THE POLICE

ACTIVITIES LEAGUE TO REALLOCATE A VACANT COMMUNITY SERVICES SUPERVISOR TO A

COMMUNITY SERVICES SECTION MANAGER AND TO ADD ONE ADDITIONAL FULL TIME EQUIVALENT (FTE) COMMUNITY SERVICES COORDINATOR POSITION
WHEREAS, staff proposes reorganizing positions assigned to the San Mateo Police Activities League (“PAL”), a 501(c)(3) non-profit organization, to provide stability and greater service to the community; and
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council; and WHEREAS, the employee associations representing the impacted classifications have reviewed the proposed changes and have not brought forth any objections or concerns; and WHEREAS, additional annual costs ($191,377) for the reorganization in excess of the City’s current funding commitment will be fully reimbursed by PAL on an ongoing basis; and WHEREAS, the proposed classification update is exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that the following are approved:

1. The reallocation of 1.00 FTE vacant Community Services Supervisor to 1.00 FTE Community Services Section Manager position; and

2. The addition of 1.00 FTE Community Services Coordinator position; and

3. The appropriation of $95,688 in funds from the General Fund, reimbursed by PAL, to cover costs for the remainder of the 2022-23 fiscal year; and

4. The City hereby accepts funding from PAL for the cost of the reorganization that will exceed the City’s current funding commitment.

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Current
PAL
Structure
Parks & Rec
Section Manager
Parks & Rec
Community Services
Manager
PAL Parks and Rec
Supervisor
Parks & Rec
Director
Attachment 1

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Parks and Rec Program Coordinator
Proposed
PAL
Structure
PAL Parks & Rec
Section Manager
Parks & Rec
Community Services
Manager
Parks & Rec
Director
Parks & Rec
Program
Coordinator
Attachment 2

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 14-1311 File ID: 22-6792-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: November 07, 2022
SUBJECT:

Downtown Business Improvement Area – Ordinance Adoption RECOMMENDATION:

Adopt an Ordinance to modify the basis and method of levy for the Downtown Business Improvement Area (DBIA).

BACKGROUND:

On November 7, 2022, the City Council introduced the attached ordinance to modify the basis and method of levy for the Downtown business Improvement Area (DBIA) and amending ordinances 1986-12, 1995-21, 1996-13, and 2008-7.

At the October 17, 2022 City Council approved the draft ordinance with the addition of a “Sole Proprietor” to the business size tiers in the Service and Professional categories. Additionally, Council made a fee modification to the 6-15 employee business tier for the Service and Professional categories.

BUDGET IMPACT:

Modifying the DBIA assessment fee does not have an impact on the General Fund.

ENVIRONMENTAL DETERMINATION:

This item is exempt from California Environmental Quality Act (CEQA) requirements because it is an administrative activity that will not have a significant effect on the environment per CEQA Guidelines section 15378(b)(5).

NOTICE PROVIDED
All meeting noticing requirements were met. Businesses within the DBIA were sent a letter announcing the public hearing with a copy of the adopted resolution of intent on October 24, 2022. A public notice and the adopted resolution of intention was also published in the San Mateo Daily Journal for 7 days.

ATTACHMENTS
Att 1 – Ordinance
Att 2 – Public Comments

STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009

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CITY OF SAN MATEO

DRAFT ORDINANCE
An Ordinance Modifying the Basis and Method of Levy for the Downtown Business Improvement Area (DBIA) and Amending Ordinance Nos. 1986-12, 1995-21, 1996-13, and 2008-7 WHEREAS, on May 5, 1986, pursuant to Section 35600, et seq. of the California Streets and Highway Code, the City Council adopted Ordinance No. 1986-12 to establish the Downtown Business Improvement Area (DBIA) of the City of San Mateo; and
WHEREAS, on August 21, 1995, the City Council adopted Ordinance No. 1995-21 amending Ordinance No. 1986-12 to repeal and replace the section entitled, “System of Charges or Assessments;” and WHEREAS, on June 24, 1996, the City Council adopted Ordinance No. 1996-13 amending Ordinance No. 1995-21 to again repeal and replace the section entitled, “System of Charges or Assessments,” and to change the number of benefit zones from three to two; and
WHEREAS, on June 2, 2008, the City Council adopted Ordinance No. 2008-7 amending Ordinance Nos. 1986-12 and 1996-13 to expand the DBIA boundaries; and
WHEREAS, on October 17, 2022, the City Council adopted a Resolution of Intent to modify the basis and method of levy for the DBIA and to set a public hearing to consider the proposed changes to the annual assessment; and
WHEREAS, prior boundaries and zones for the DBIA under Ordinance No. 2008-7 are to remain the same as previously adopted; and
WHEREAS, a notice of public hearing and Resolution of Intent was published in the local newspaper and mailed to each business in the DBIA; and
WHEREAS, a public hearing to consider the modification of the basis and method of levy for the DBIA was held on November 7, 2022 at 7:00 p.m. in the City Council Chambers at 330 W. 20th Avenue, where all protests and testimony regarding the proposed assessment were heard and considered by the City Council; and WHEREAS, all protests, both written and oral, are hereby overruled, and there was no majority protest made by the businesses in the DBIA, pursuant to Sections 36525 and 36540 of the California Streets and Highways Code; and
WHEREAS, the businesses located within the DBIA will benefit from the expenditure of funds raised by the annual assessment.

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

Section 1. The Section entitled “System of Charges or Assessments” (Section 3) contained in Ordinance 1996-13 is repealed and the following section is added:

Section 3. The Section entitled “System of Charges or Assessments” Charges or assessment shall be made upon various classes of businesses and zones of benefit in the following manner:

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Retail: includes but is not limited businesses that have goods and food for sale including automotive vehicles and parts dealers, home furnishing stores, jewelers, electronics and appliance stores, building material and garden equipment and supplies dealers, food and beverage stores, full- service restaurants, limited service restaurant, fast food restaurants, cafeterias, dessert and snack establishments, bars, gasoline stations, clothing and clothing accessories, sporting goods, hobby stores, music instruments, book stores, general merchandise store, wireless phone stores and similar.

All businesses classified as Retail shall pay an annual assessment based on the following gross receipts schedule:

Retail (based on annual gross receipts)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
0- $150,000 $200.00 $166.36 $100.00 $66.55
$150,001- $400,000 $400.00 $332.72 $200.00 $99.82
$400,001- $600,000 $800.00 $665.43 $400.00 $133.10
$600,001- $1,000,000 $1,150.00 $998.15 $575.00 $199.62
$1,000,000+ $1,500.00 $1,330.88 $750.00 $332.72
Professional: includes but is not limited to businesses that offer services that are highly specialized and typically require licensing and regulations. Professional service providers and information-based businesses such as software publishers, data processing, network hosting and related services, internet publishing and broadcasting and web search portals, venture capital, insurance agencies and brokerage, real estate agents and brokers, offices of lawyers, accounting, architectural, engineering advertising, translation and interpretation services, veterinary services, offices of physicians, offices of dentists, other health practitioners, and similar.

All businesses classified as Professional shall pay an annual assessment based on the number of full-time equivalency employees.

Sole Proprietor is defined as a self-employed individual who works for themselves without hiring any employees.

Professional (based on number of employees)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
Sole Proprietor, No employees $200.00 $100.00
1 to 5 Employees $550.00 $275.00
6-15 Employees $1,000.00 $500.00
16-35 Employees $2,300.00 $1,150.00
36-75 Employees $3,050.00 $1,525.00
76+ Employees 1, 2 $3,050.00
$98.82
$1,525.00
$66.55
1- $3,050 + $14.00 per employee over 75 employees for Zone 1 2- $1,525 + $10.00 per employee over 75 employees for Zone 2 Service: includes but is not limited to providers of personal and business services such as hair salons, nail salons, lock smiths, dry cleaners, auto service and maintenance shops, gyms, vacuum repair shops, educational, childcare, electronic equipment repair, personal care services, and similar.

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All businesses classified as Service shall pay an annual assessment based on the number of full-time equivalency employees.

Service (based on number of employees)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
Sole Proprietor, No employees $200.00 $100.00
1 to 5 Employees $400.00 $200.00
6-15 Employees $800.00 $400.00
16-35 Employees $1,700.00 $850.00
36-75 Employees $2,300.00 $1,150.00
76+ Employees 3, 4 $2,300.00
$133.08
$1,150.00
$66.55
3- $2,300 + $10.00 per employee over 75 employees for Zone 1 4- $1,150 + $7.00 per employee over 75 employees for Zone 2 Financial: includes but not limited to businesses in the financial industry such as money management, payments, digital banking, banks, savings and loan companies, credit unions, finance companies, and similar.

All businesses classified as Financial shall pay a flat annual assessment.

Financial (flat rate)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
Financial $1,500.00 $998.15 $775.00 $665.44
Hotels: Removed
Miscellaneous: Removed
Based on their North American Industry Classification System (NAICS), businesses previously categorized as Miscellaneous will be assigned to one of the following categories: Retail, Professional, or Service.

For Professional and Service sectors, the number of employees shall be determined based on Full Time Equivalent of 40 hours a week as reported on the initial business license application and updated thereafter during the annual business license renewal.

Annually, for subsequent years, the assessments will be adjusted in accordance with the annual March San Francisco-Oakland-San Jose consumer Price Index of the Bureau of Labor Statistics, United States Department of Labor, under the heading All Items-All Urban Consumers (CPI), or any index substituted by the Department of Labor therefore.

A single assessment shall be paid when multiple business are located at the same address as defined in this paragraph. Businesses are located at the same address if, for example, they occupy the same suite within an office building or occupy the same suite within an office building or occupy undivided retail or service space within a large retail or service establishment. Businesses are not located at the same address merely because they share a common entry from a public street with a common principal address such as in most office buildings. The assessment to be paid shall be based on accumulated gross receipts for multiple businesses or shall be set at the highest assessment within the applicable fixed fee classification if there are multiple classification for which there is no gross receipts table.

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All businesses, including new businesses in operation for one year or less are subject to the assessment.

Section 2. Environmental Determination. This City Council action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Section 15378(b)(5).)
Section 3. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 4. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 5. Legislative History and Effective Date. This ordinance was introduced on November 7, 2022, and adopted on Clerk to complete., and shall be effective on July 1, 2023.

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From: Sibby"s Cupcakery
To: Clerk
Cc: Jennifer Chen
Subject: Resolution of Intent to Modify Basis & Method of Levy for the DBIA Date: Wednesday, November 9, 2022 12:10:24 AM
To Whom it May Concern,
I was unable to attend last night's City Council meeting and wanted to offer my perspective on the proposed adjustments to the fees for the DBIA.

I have owned my business, Sibby's Cupcakery, for almost 19 years, and have been on South Railroad Avenue for nearly 18 years. I am also a resident of San Mateo. I love our community and feel so grateful to be a part of it. I see and appreciate all that the city does to help make the downtown a vibrant place to be.

I understand that the DBIA fees have not been increased in twelve years, and no doubt, that is a long time. Nevertheless, I urge the city to not approve these increases which would triple the fees for many small retail businesses. The pressures that small businesses have faced since 2020 have not lifted. We are still very much affected by Covid on a daily basis, dealing with on-going supply chain issues, exorbitant costs, unpredictable sales, and staff members out for extended periods of time. We are in the midst of a labor shortage as well, and a minimum wage that rises each year, to $16.75 in January. All this and a likely recession in 2023. Small businesses are the soul of our community. They are what makes San Mateo unique. But with increased costs, it is getting harder to stay afloat. I have spoken with neighbors on Railroad Avenue and they have expressed concern at these proposed increases as well.

I urge you to postpone any increases for the DBIA until businesses have recovered from the pandemic and the economy is more stable.

Thank you for your consideration.

Sibby Thomsen
Owner/Sibby's Cupcakery

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From: Meggie Presti
To: Clerk
Subject: DSMA Business BID Increase - opposition
Date: Saturday, November 5, 2022 7:02:16 PM
Hello,
I am writing in opposition to the increase in the BID Assessment for the DSMA. I served on the DSMA board for a number of years with Ann Feinman and Jessica Evans. Increasing assessments on businesses has been a topic of discussion for many years, and I understand the need to increase funding.

With that said, I feel like the timing of this increase, along with the structure, and a lack of intent to hire a new director makes this feel like the DSMA is asking for additional funding while not serving it's intended purpose of supporting the businesses in the downtown community. The additional increase would take a large chuck out of my annual marketing budget and would therefore have a direct negative impact on my business, especially as the DSMA no longer operates downtown events like Wine Walk or Summerfest. As result, I oppose the proposed BID increase.

Master Meggie Presti
Core Taekwondo | Core Maker
86 E. 3rd Ave San Mateo
www.coretkd.com

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-6661 File ID: 22-6845 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Library Department
MEETING DATE: November 21, 2022
SUBJECT:

San Mateo Public Library Main Branch Café Operating Lease – Agreement RECOMMENDATION:

Adopt a Resolution to approve a Property Lease and Operating Agreement with Rafat Haddad for operation of the 3 Bees Café at the Main Library Branch for two years commencing on November 22, 2022 through November 21, 2024 in accordance with Municipal Code Section 3.62.030(b); and authorize its execution by the City Librarian.

BACKGROUND:

When the new Main Library opened in 2006, a café space was provided on the 3rd floor as a result of feedback from the public during meetings to gather input for the design of the new library building. Between 2006 and 2015, two vendors operated café establishments in the space, the first exercising their option to terminate their lease in 2008 and the second operating from 2008 until 2015, at which point their lease was not renewed by the City.

Due to a strong desire on the part of the public and staff to maintain a café presence, the Library launched a third request for proposals process for café operation in February 2016. At the conclusion of the selection process, Rafat Haddad of 3 Bees Coffee was selected as the new café operator. Mr. Haddad has owned and operated 3 Bees Coffee at 224 E. 3rd Avenue in downtown San Mateo for the past 20 years. The business enjoys a good reputation and loyal clientele, and Mr.

Haddad has extended his commitment to good customer service and product quality to the Library café as well. The lease term was for two years with two 2-year options and expired on May 14, 2020. The City wishes at this time to enter into a new agreement with Mr. Haddad from November 22, 2022 through November 21, 2024.

BUDGET IMPACT:

The City receives 10% of gross sales for months in which the gross sales exceed $10,000. Rent is waived if the gross sales do not exceed $10,000 to support the sustainability of the café service in the Library. The estimated annual revenue to the City will be within the range of $6,000 -$12,000.

ENVIRONMENTAL DETERMINATION:

This lease for a café is exempt from CEQA, because involves the leasing of an existing public structure with negligible expansion of the existing public library use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Lease Agreement

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STAFF CONTACT
Marcia Mendonca, Senior Management Analyst
[email protected]
(650) 522-7805
James Moore, City Librarian
[email protected]
(650) 522-7810

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COMMERCIAL PROPERTY LEASE AGREEMENT BETWEEN THE CITY OF SAN MATEO AND RAFAT HADDAD FOR 3 BEES CAFE OPERATION
This lease ("Lease") is made and entered into this__________, by and between the City of San Mateo ("City"), San Mateo, California, a municipal corporation, and Rafat Haddad, ("Lessee"), collectively the "Parties."

RECITALS
A. The San Mateo Public Library includes a Cafe space .

B. City desires to lease the operation of the Cafe to Lessee and, Lessee desires to lease the Cafe space from the City.

C. The Parties have specified terms and conditions under which the Cafe located in the library facility shall be leased and operated.

Lessee and City agree as follows:

AGREEMENT

1. PREMISES
City hereby Leases to Lessee, and Lessee leases from City, certain real property located in the City of San Mateo, County of San Mateo, State of California, commonly known as the Cafe located at 55 West Third Avenue , San Mateo, California 94403 (the “Premises") and more particu larly described in Exhibit A attached hereto and incorporated herein by reference. The Premises consists of a Public Cafe area 8' x 14' (112 sq. ft.) with a fully constructed Cafe, which includes the Cafe structure itself, a refrigerated display case, back­ bar refrigerator, sink, floor drain and consumer condiment area and menu board; and a Commissary Room, 10' x 8'6" (85 sq. ft) for food preparation and distribution that includes a three compartment sink, 6' x 3' x 1' open steel shelving, 2' x 4' stainless steel prep table, glass door refrigerator and a floor drain. City shall provide tables and chairs for a seating area and patio for Lessee's and Library's use. Lessee will provide all required additional fixtures and equipment necessary to operate the Cafe, including, but not limited to: all coffee making supplies and equipment, and all other related furnishings and supplies; all of which shall meet with the City's design approval. An inventory of Fixtures and Equipment is set forth in Exhibit B, which is attached and incorporated by reference.

2. TERM

2.1 Initial Term of Lease. The initial term of this Lease is for a period of two (2) years, commencing on the 22nd day of November 2022 and terminating on the 21st day of November 2024. Lessee shall, at the expiration of the term of this Lease, or upon its earlier termination, surrender the Premises in its original condition, except ing reasonable wear and tear.

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2.2 Renewal. If during the initial term of this Lease, LESSEE has performed to the City's satisfaction, the CITY shall have the option, if it determines in its sole discretion that LESSEE has satisfied both the performance criteria and the terms of this Lease, to renew this Lease for two (2) additional two (2) year periods.

2.2.1 CITY and LESSEE shall execute an amendment to this Lease reflecting the extension, which shall be executed prior to the expiration of the prior term.

3. RENT

3.1 Base Rent. Monthly rent payments will be due for months in which the gross sales exceed $10,000 . The rent to be paid by Lessee shall be in the amount of 10% of gross sales paid on a monthly basis and due 31 days after the expiration of each month and shall be paid to: San Mateo Public Library, 55 West Third Avenue, San Mateo, CA 94402. Attn: Library Administrative Office.

3.2 Gross Sales Report. Lessee shall provide a verifiable gross sales report including separate totals for Cafe and Catering sales on a monthly basis which shall be due with the monthly rent. "Gross Sales" means consideration of any kind including cash receipts, credits, reimbursements, rebates, bartered goods and services from all sources generated at the Premises , including, but not limited to: all receipts from retail sales; all proceeds from the sale of food and drink; catering proceeds ; and the actual payments received by Lessee in connection with any advertis ing. Gross Sales shall not include the following : (i) any tax, fee, assessment or charge collected as payment to any Governmental Authority, whether imposed by present or future federal, state or local law, (iii) any proceeds of the sale of Lessee's furnishing , fixtures and equipment ; (v) returns of merchandise by Lessee to manufacturers or shippers for credit, (vi) sums and credits received in settlement of claims for loss of or damage to merchandise.

3.3 Records and Audits .

3.3.1 Records. Lessee shall install one or more cash registers of a type approved by City, which shall be equipped with a scaled cumulative totaling device and a daily dated continuous, non-reversible duplicate tape on which all Gross Sales shall be recorded and imprinted. Lessee shall maintain and make available within 5 days, true, accurate and complete books, records and accounts of all Gross Sales, including (i) true copies of any sales and other excise tax report; (ii) Federal and State Tax r e t u r n s ; (iii) sales slips and checks; (iv) bank records; (v) cash register tapes; and (vi) sales journa ls, books of account, general ledgers and purchase journals . Such books, records and accounts shall be maintained in such manner, and include such records, as would be required by a certified public accountant to perform an audit to determine or produce an audited statement of Gross Sales. Lessee shall keep accurate records of all Gross Sales in accordance with recognized accepted standard accounting practices. Lessee shall make available for review by City an itemized statement of Gross Sales for each Lease Year.

3.3.2 Audits. Once every 12 months City may perform an aud it of Lesse e's 2 30 of 204

Gross Sales records for the Premises. City shall provide twenty days advance written notice of such audit. All audits shall be performed during City's usual business hours and without interference with the conduct of business at the place where the audit is made. City shall provide Lessee with a copy of the audit. If the audit reveals that Gross Sales were under reported by more than five percent in Lessee's annual Gross Sales statement, then Lessee shall pay to City the reasonable cost of such audit; otherwise, City shall pay all cost of such audit. In addition, Lessee shall immediately pay to City any additional Percentage Rent owed based on the audited Gross Sales figure. City's audit shall be conclusive and binding upon Lessee unless, within 30 days after receipt of the audit, Lessee shall notify City in writing that it disputes the findings of City's audit. If such dispute shall not be settled by written agreement within 30 days after Lessee's notice of dispute is received by City, then City and Lessee shall select an indepe ndent certified public accountant licensed to practice in California and qualified to mediate the disagreement. If the dispute is determined in City's favor, Lessee shall forthwith pay an additional Percentage Rent due to City. Until said final determination is made, Lessee need not make any disputed Percentage Rent payments to Landlord; however, Lessee shall pay City all undisputed amounts when due, including interest. The Lessee's month ly, quarterly and annual statement of Gross Sales and any audit thereof shall be treated as confidential to the extent permitted by the state Public Records Act.

3.4 Late Charge. Lessee acknow ledges that late payment by Lessee to City of rent will cause City to incur costs not contemp lated by this Lease, the exact amount of such costs being extremely difficult and impract icable to fix. Such costs include, without limitation, processing, account ing and late charges that may be imposed on City. Therefore, if City does not receive any installment of rent due from Lessee within fifteen days after the due date, Lessee shall pay to City an additional sum of ten percent (10%) of the overdue rent as a late charge. The parties agree this late charge represents a fair and reasonab le estimate of the costs City will incur by reason of late payment by Lessee. Acceptance of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount, nor prevent City from exercising any of its other rights and remedies.

3.5 Security Deposit. Lessee shall provide City with a $2,000 security deposit at the time of lease execution. Should Lessee fail to proceed with the lease based upon Lessee's own default after tease execution, then no part of the deposit shall be refunded. Upon opening for business, $1,000 of the security deposit shall be refunded to Lessee.

3.6. Failure. Rental payments and all other charges or obligations not paid within ten days after the date due shall bear a late charge as described above. In addition, on all amounts unpaid for more than 30 days from the due date, interest shall accrue from the due date until it is received at the rate of one and one-half percent (1 1/2 %) per month. Failure by Lessee to pay rent or charges when due, or to comply with any other condition, shall terminate this Lease at the option of City. In such event, upon written notice to quit or surrender the Premises, City 3 31 of 204

may enter and retain possession of the Premises, exclude Lessee, and re-let the Premises. Should City enter the Premises as stated, Lessee shall be held liable as follows:

3.6.1 For all installments of rent and other charges when the Premises remain vacant, for the remainder of the term of the Lease. Such installments and charges shall be payable as they become due.

3.6.2 For all expenses which City may incur for re-letting the Premise s.

3.6.3 For any deficiency in the installments on any Lease, or Leases, made by City for Lessee of the Premises during the term of this Lease. Any deficiency in installments shall be paid as it falls due.

4. USE

4.1 Permitted Uses. Premises will be used for a Cafe featuring fresh brewed coffee, specialty coffee, tea, non-alcoholic beverages, pre-made sandwiches and salads, baked goods and fresh fruit. Special attention should be given to including healthy menu items as recommended by the President's Council on Fitness, Sports and Nutrition (fitness.gov ). Lessee shall make its best effort to provide foods prepared as freshly as possible and whenever possible prepared fresh daily. Lessee will provide City with a main menu for City's written approval, which is attached as Exhibit C and incorporated by reference. Lessee may vary menu to include daily specials.

4.2 Prohibited Uses. Lessee shall not: use Premises for any purpose not expressly permitted in this Lease; create, cause, maintain or permit any nuisance or waste in, on or about the Premises or permit or allow the Premises to be used for any unlawful or immoral purpose; do or permit to be done anything in any manner which unreasonably disturbs Library users, including causing any unreasonable odors or noise to emanate from the Premises; use Premises in a manner that increases the risk of fire, cost of fire insurance or improvements thereon; place any sign or placard in or on the Premises without City's prior written approval; store any bicycles or other means of transportation anywhere on the Premises; utilize the Premises for any offsite catering unrelated to the City, unless the food is to be served at a City function and at a City facility; install new locks on any doors (but may request a change of locks from the City); use the image of the Premises, the name of City or any other identifying sign or symbol associated with the Premises or City to undertake any action or representation other than those specifically assigned to Lessee under this Lease, without City's prior written approval ; remodel or ·make any interior renovation or any major changes to the Premises or remove any objects, which are not the property of Lessee without the prior written consent of City; sell, dispense or allow alcohol to be consumed on the Premises .
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5. DUTIES OF LESSEE

5.1 Management of Cafe. Lessee shall manage the Cafe and all operations therein.

5.2 Hours of Operation. The Cafe shall operate during Library hours, and must be open every day the Library is open. The lessee will determine a set Cafe operat ing schedule that will be subject to Library approval. The Library's hours of operation are as follows:
10 AM - 8 PM
10 AM - 5 PM
1 PM - 5 PM
Monday -Thursday
Friday and Saturday
Sunday
The Cafe will close at such times as the library is not open to the public. Any changes to the hours shall be subject to prior Library approval , which shall not be unreasonably withheld.

5.3 Maintenance. Lessee shall protect and maintain the Premises . Lessee shall assume responsibility for the guarding and safekeeping of all of the City property located at the Premises.

5.4 Rules. Lessee will abide by the rules of operational conduct that are consistent with Library operational procedures as provided in Exhibit E.

5.5 Use of Cafe Space. Lessee shall use the Cafe space and Commissary Room for food preparation and the Cafe space for food consumption or sale.

Any changes to Cafe space are subject to City's prior written approval.

5.6 Cafe Name. The name of the cafe shall be the choice of the Lessee subject to approval by the City, which shall not be unreasonably withheld.

5.7 Lessee shall hire an adequate number of persons in order to provide food services in a prompt and timely manner under this Lease and 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.

5.8 Payment of Lessee's Employees; Status of Lessee. Lessee shall pay all persons hired as required by law including but not limited to income tax withholding and social security payments. Neither Lessee nor any employee of Lessee shall be considered an employee of City and nothing herein shall be construed to make Lessee or Lessee's employee(s) and agent or employee of City while operating under this Lease.

5.9 Price of Food. All food sold shall be sold at reasonable prices as determined by Lessee, and in consultation with the City. In no instance shall food prices exceed those charged by comparable, retail non-subsidized coffee vendors.

5.1O Quality of Food. All food and presentation shall be high quality comparab le to or exceeding that of other retail, non-subsidized Cafes. Food shall meet or exceed the following standards:
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5.10.1 Coffee should be ground on demand from whole beans from a quality roaster, competitive in quality with the best roasters in the Bay Area for a balance of flavor, body, aroma and acidity. Beans for espresso should be appropriate for industry-recognized professional espresso use.

5.10.2 Retail whole bean coffee should be valve packaged and should be sold within two months.

5.10.3 Opened packages of coffee beans should be used within 10 days.

5.10.4 Butter, milk, and milk products shall be USDA Grade "A" and kept refrigerated.

5.10.5 Pastries and all baked goods shall be fresh daily from a quality bakery.

Whole fruit should be fresh, clean and attractively displayed .

5.10.6 Pre-prepared and/or packaged foods shall display an expiration and/or packaging date, and in no instance shall such foods be offered for sale after the stated expiration date.

5.11 Clean liness of Prem ises. The highest standard of clean liness and sanitat ion on the Pre mises and in the course of food preparat ion shall be ma inta ined without exception. Display cases shall be clean and free of crumbs and signage and menu boards shall be professional in appearance.

5.12 Cross Contamination. Every effort shall be made to avoid cross contamination of foods and food borne illness. Employees with any communicab le disease shall not work in areas where contamination can occur. Lessee shall maintain at least one employee trained in the avoidance of cross contam ination as required by law. Lessee shall maintain and prepare food in a manner and at appropriate temperatures that meet or exceed County Health or other relevant food preparation and storage guidelines.

5.13 Refrigeration. Lessee shall monitor refrigerators and freezers and periodically, no less than once per week measure the temperature within each refrigerator or freezer to determine if appropriate temperatures are being maintained. Lessee shall adjust all refrigerators and freezers to maintain adequate temperature . In the event that any refrigerator or freezer cannot maintain an adequate temperature level, the City shall be informed immediately , and the unit shall be taken out of service.

5.14 Equipment Maintenanc e. Lessee shall clean all equipment daily and perform routine maintenance upon all City and Lessee equipment. Lessee shall inform City within 24-hours of discovering any broken or malfunction ing equipment.

5.15 Equipment Repa ir and Rep lacemen t. If any equ ipment furn ished by the City, listed in Section 1, Premises, fails to operate properly, Lessee shall notify City and attempt to have the equipment repaired. The cost to repair the equipment shall be paid by the City except for the repair to equipment caused by any act, omission or negligence of Lessee or its responsib le employee s , 6 34 of 204

agents, or sub-Lessees, in which case the Lessee shall be solely responsible for the cost of repair.

5.16 Refuse. Lessee shall properly and promptly place all garbage, refuse , compostables and recyclables in the appropriate containers.

5.17 Uniforms/Clothing. Lessee and all employees shall wear clean, professional, and safe clothing at all times.

5.18 Quality of Service . The Library has high standards for excellent customer service and it is expected that service from all Cafe staff should be timely, attentiv e , courteous and friendly.

5.19 Service to All. Every Cafe patron shall be served without regard to race, gender or ethnicity.

5.20 Custodial Services. Lessee will provide basic custodial services for the Cafe and interior and exterior tables, chairs, and floor of the Premises. Lessee shall be responsible for all clean-up relating to its business . Tables shall be clean and cleared at all times when not in use. Spills on floors and tables in Cafe area and Terrace shall be cleaned when they occur.

5.21 Failure to Comply. Failure to comply with any of the Duties can result in a fine of $50 per violation if such violations persist, or continue to occur within seven (7) days of receiving a written notice ("Failure to Comply Notice") of such violation from the City. Should a violation persist, or similar violations continue to occur after written notice of a Failure to Comply has been issued, then Lessee shall be deemed in Default .

6. CITY'S DUT IES

6.1 Vendor is Exclusive Food Provider. Lessee has the exclusive right and privilege to operate the Cafe within San Mateo Main Library and to sell and dispense food within the Premises. Notwithstanding this right, City may:
install or place vending machines in staff areas; and to contract for or allow third parties to contract for catering to be conducted in any part of the San Mateo Public library. City will not promote the usage of other caterers or food operators and will include Lessee's catering menu in City's marketing information as it relates to renting the conference facilities or renting or using the Library where food and beverages will be served. City will not allow other vendors to sell food or beverage on site, except in the event of a 'user' who rents or otherwise is allowed to use conference room facilities.

6.2 Utilities. City is responsible for the following utilities associated with the operation of the Premises: water, sewer, electricity, garbage pickup and disposal.

6.3 Telephone Expenses. A telephone jack will be installed in the Cafe area.

Vendor is responsible for hook-up and ongo ing line charge s. 7 35 of 204

6.4 Computer Expenses.The City will not set up or manage the computer/network system for the Lessee. The Lessee will be responsible for all computer hardware/software acquisition, installation, maintenance and removal.

6.5 Repairs. City shall have no obligation to repair and maintain the Premises or its Improvements and facilities, except that City will maintain and repair supporting structural, water, plumbing and power which supplies the operation of the Premises and is respons ible for actual damage to equipment or loss of supplies . Lessee expressly waives the benefit of any statute now or hereinafter in effect, which would otherwise afford Lessee the right to make repairs at City's expense or to terminate this Lease because of City's failure to keep Premises in good order, condition and repair.

7. CITY'S ACCESS

7.1 Access for Inspect ion. City and City's agents may enter the Premises at reasonable times, upon not less than 48 hours prior written notice to Lessee, to inspect it, show it to prospec tive lessees, and make such alterations, repairs, improvements or additions to the Premises as City may deem necessary provided, however, that all such work shall be done promptly and entries shall cause as little interference to Lessee as possible.

City may at any time during the last 120 days of the term place on or about the Premises any ordinary "For Lease" signs, all without rebate of rent or liability to Lessee.

7.2 No Warranty. Neither the City nor any employees or agents of the City have made any oral or written warranties or representations to Lessee relative to the condition or use by Lessee of said Premises and Lessee acknowledges that Lessee assumes all responsibi lity regarding Occupat ional Safety and Health Act compliance,the legal use and adaptability of the Premises and compliance with all applicable laws and regulations.

7.3 Security Measures. City may require Lessee to install and use a reasonable security system, device, operation or plan to protect the Premises. Should City, in its sole discretion, require Lessee to install such a security system, Lessee agrees to bear the sole cost and expense of its installation and imp lementatio n. Lessee shall obtain City's prior approval before installing or imp lementing any security syste m , device , operat ion or plan.

8. HAZARDOUS MATERIALS

8.1 Compliance with Laws. Lessee shall not cause or permit any hazardous material (as defined in state law) to be broug ht upon, kept or used in or about the Prem ises.

9. TAXES

9.1 Revenue and Taxation Code. Pursuant to Revenue and Taxation Code of Californ ia, section 107.6, not ice is hereby given that Lessee is responsib le for any possessory interesttaxes that may be imposed as a result of, or related to , this Agreement. 8 36 of 204

Upon submission of proof of payment, Lessee may deduct any annual possessory interest tax payment in an amount exceeding $500 from rent paid to City in subsequent month(s) untilfully reimbursed.

10. HOLD HARMLESS INDEMNI FICATION

10.1 I ndemnification. Lessee agrees to protect, defend, hold harmless and indemnify City, its officers, agents, volunteers, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage arising from Lessee's activities pursuant to this Lease, including all costs and reasonable attorney's fees, excepting claims resulting from the City's sole negligence or willful misconduct. Lessee shall give City immediate notice of any claim or liability hereby indemnified against.

10.2 Waiver of Claims. Lessee waives any claims against City for injury to Lessee's business or any loss of income therefrom, for damage to Lessee's property, or for injury or death of any person in or about the Premises, unless caused by City's active negligence or willful misconduct.

11. I NSURANCE
Lessee, at its sole cost and expense shall purchase and maintain in full force and effect during the term of this Lease, insurance coverage in an amount(s) and in a form acceptable to City as set forth in Exhibit D attached and incorporated by reference. Said policies shall be maintained with respect to Lessee's employees, if any, and all vehicles operated on the Premises.The policies shall include the required endorsements, certificates of insurance and coverage verifications as described in Exhibit D. Lessee also agrees to secure renter's liability insurance.

12. DAMAGE, DESTRUCTION AND TERMINATION

12.1 If the Premises are damaged by fire, earthquake, act of God, the elements or other casualty, and in City's opinion (a) such repairs can be made within 120 days from the date of occurrence, and (b) insurance proceeds sufficient to pay the repair cost are available, City shall repair the same, and this Lease shall remain in full force and effect except that an abatement of rent shall be allowed Lessee for such part of the Premises as shall be rendered unusable by Lessee in the conduct of its business during the time such part is damaged.

12.2 If in City's opinion, (a) such repairs cannot be made within 120 days or (b) insurance proceeds sufficient to pay for such work are not available, City may elect, upon notice to Lessee within 30 days after the date of such fire or other casualty, to repair or restore the damage, in which case this Lease shall continue in full force and effect, but the rent shall be partially abated as hereinabove provided. If City does not so elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. If City does not elect to terminate this Lease, or is not eligible to do so, City shall give Lessee written notice thereof within 30 days following the casualty. I f the repairs are not made within 120 days, Tenant shall have the right to terminate this Lease.
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12.3 Waiver. City and Lessee waive the provisions of any statutes that relate to termination of Leases when Leased property is destroyed and agree that such event shall be governed by the terms of this Lease.

13. DEFAULTS; REMEDIES

13.1 Defaults. The occurrence of any one or more of the following events shall constitute a material default or breach of this Lease by Lessee:

13.1.1 Abandonment of the Premises by Lessee as defined by California Civil Code §1951.3;

13.1.2 Failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of ten (10) business days after mailing by City of written notice thereof from City to Lessee. In the event City serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes, such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph;

13.1.3 Failure by Lessee in any material respect to observe or perform any of the Duties enumerated in Section 5 "Duties of Lessee" where such failure shall continue, or similar failures continue to occur after written notice of a Failure to Comply is mailed from City to Lessee.

13.1.4 Lessee's failure in any material respect to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of 30 days after written notice thereof is mailed from City to Lessee; provided, however, that if the nature of Lessee's default is such that more than 30 days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said 30 day period and thereafter diligently prosecutes such cure to completion;

13.1.5 Making by Lessee of any general arrangement or assignment for the benefit of creditors; Lessee's becoming a "debtor" as defined in 11 U.S.C. §101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); the appointment of a bankruptcy trustee or receiver to take possession of all or substantially all of Lessee's assets located at or on the Premises or of Lessee's interest in this Lease where possession is not restored to Lessee within 30 days; or the attachment, execution or other judicial seizure of all or substantially all of Lessee's assets located at or on the Premises, or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days.

13.2 Remedies . In the event of any material default or breach by Lessee, City may at any time thereafter, following any notice required by statute, and without limiting City in the exercise of any right or remedy which City may have by reason of such default or breach:

IO

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13.2.1 Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises and Improvements to City.

In such event, City shall be entitled to recover from Lessee all damages incurred by City by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises and Improvements, expenses of re-letting, including necessary renovation and alteration of the Premises and Improvements, reasonable attorney's fees, the value at the time of the termination of the unpaid rent that had been earned at the time of termination of this Lease.

13.2.2 Maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Premises.

In such event, City shall be entitled to enforce all of City's rights and remedies under this Lease, including the right to recover rent as it becomes due hereunder.

13.2.3 Pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California.
1 3.3 No Relief from Forfeiture After Default Lessee waives all rights of redemption or relief from fOrfeiture under California Code of Civil Procedure §§1174 and 1179, and any other present or future law, in the event Lessee is evicted or City otherwise lawfully takes possession of the Premises by reason of any default or breach of this Lease by Lessee.

14. TERMINATION PROVISIONS
1 4.1 Either party, for breach of the Lease may terminate this Lease, in writing, upon 30 calendar days notice. Upon termination, Lessee agrees to vacate the Premises before 5:00 p.m. on the 30th calendar day following notice. ·1 4.2 Fixtures. Upon termination of the Lease, City or subsequent Lessee will have the option to buy any equipment and fixtures owned by Lessee from the Lessee at the fair market value of the items at the Premises; if City declines option, Lessee may hold a Public Auction at the Premises to sell all equipment and fixtures located in the Premises. An inventory of Lessee's Fixtures and Equipment is attached to this lease as Exhibit B.

15. DISPUTE RESOLUTION

15.1 Unless otherwise agreed, any controversies between Lessee and City regarding the construction or application of this Lease, and claims arising out of this Lease or its breach shall be submitted to mediation within 30 days of service of a written request by one Party to the other Party.

15.2 The Parties will agree on a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation by 11 39 of 204

amending this Lease.

15.3 The costs of mediation shall be borne by the Parties equally .

15.4 Mediation under this section is a condition precedent to filing an action in any court. In the event of litigation arising out of any dispute related to this Lease, the Parties shall each pay their respective attorney's fees, expert witness costs and cost of suit, regardless of the outcome of the litigation.

16. PAYMENTS/PARTIAL PAYMEN TS
City may apply any payment received from Lessee at any time against any obligation due and owing by Lessee under this Lease, regardless of any statement appearing on or referred to in any remittance from Lessee or any prior application of such payments. Acceptance by City of a partial payment of rent or other charges shall not be considered or construed to waive any right of or affect any notice of legal proceedings, unless both Parties shall agree otherwise in writing. The receipt by City of a partial payment of any amount due to City endorsed as payment in full will be deemed to be a partial payment only, and any endorsements or statements on the check or any letter accompany ing the check shall not be deemed an accord and satisfaction, and, notwithstanding said endorsements, City may accept and deposit said check without prejudice to its right to recover the balance. Lessee's obligation (without prior notice or demands) to pay rent and all other amounts due hereunder shall be absolute and unconditional, and not subject to any abatement, set off, defense, recoupment or reduction.

17. NON-D ISCRIMINATION
Lessee covenants that it shall not discriminate based upon race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in any activity pursuant to this Agreement.

18. INDEPENDENT CONTRACTOR
It is agreed that Lessee shall act and be an independent contractor and not an agent nor employee of City or San Mateo Public Library.

19. CONFLICT OF I INTEREST
Lessee shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this agreement.

20. ASSIGNMENT AND SUBLETTING
City's Consent Required. Lessee may not assign this Lease or sublet or encumber the 12 40 of 204

Premises, or allow or permit any other person(s) to occupy or use the Premises, without the prior written consent of City, which shall not be unreasonably withheld. This Lease shall be binding upon any permitted assignee or successor of Lessee. Consent by City to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person. No assignment, subletting, or encumbrance by Lessee shall release it from or in any way alter any of Lessee's obligations under this Lease.

21. LIENS
Lessee agrees at its sole cost and expense to keep the Property free and clear of any and all claims, levies, liens, encumbrances, or attachments.

22. HOLDOVER/EXTENSION
After the term has expired, and until the Parties execute a written extension to the Lease, or Lessee surrenders the Premises to the City, this Lease shall continue on a month-to-month basis subject to all terms and conditions of this Lease. The rent under a month to month tenancy shall increase to 15% of gross sales.

23. VACATING
Upon termination of the tenancy, Lessee shall completely vacate the Premises by 5 p.m. on the day oftermination, including the removal of any and all of its property. Before departure, Lessee shall return keys and City property to City in good, clean and sanitary condition, reasonable wear and tear excepted. Lessee shall allow City to inspect the Premises to verify the condition of the Premises and its contents.

24. ABANDONMENT
Lessee's absence from the Premises for fourteen (14) consecutive days, without prior notice, during which time rent or other charges are delinquent, shall be deemed abandonment of the Premises. Such abandonment will be deemed cause for immed iate termination after five (5} days written notice. City shall thereupon be authorized to enter and take possession and to remove and dispose of the property of Lessee or its guests without any liability whatsoever to City.

25. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of San Mateo
San Mateo Public Library
Attention: James Moore
55 West Third Avenue
San Mateo, CA 94402
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and to Lessee addressed as follows :

Rafat Haddad
3 Bees Coffee
224 E. Third Avenue
San Mateo, CA 94401
Notices may be served upon Lessee in person, or by first class mail, or by certified mail to Lessee whether or not said mailing is accepted by Lessee. The above addresses shall be used for service of proces s.

26. TIME
Time shall be of the essence in this Lease.

27. MI SREPRESENTATI ONS
Any statements submitted to City in the Vendors Written Proposal by Lessee are considered inducements to execute this Lease. Misrepresentations shall entitle City to terminate this Lease at any time.

28. REMEDIES OF CITY
In addition to any other remedy provided herein, City shall have all remed ies provided by law and equity.

29. SERVICE CHARGE
A service charge of twenty dollars ($20.00) will be made for each check that must be resubmitted for payment.

30. SIGNING AUTHORITY
If t his Lease is not signed by all Lessees named herein, the person actually signing warrants that he/she has the authority to sign for the others.

31. CAPTIONS
The captions of the various sections, paragraphs and subparagraphs of this Lease are for convenience only and shall not be considered or referred to in resolving questions of interprtation.
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32.SURRENDER OF LEASE NOT MERGER
The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereo f, shall not work a merger, and shall, at the option of City, terminate all or any existing leases or sub-tenancies, or may, at the option of City, operate as an assignment to it of any and all such leases or sub-tenanc ies.

33. INTEGRATED DOCUMENT
This Lease, including any exhibits attached hereto, embod ies the entire agreement between City and Lessee and its terms and conditions . No other understanding, agreements, conversations or otherwise, with any officer, agent or employee of City prior to execution of this Lease shall affect or modify any of the terms or obligations contained in any documents comprising this Lease. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City. This Lease may be modified only by a written amendment duly executed by the Parties to this Lease.

34. WAIVER
Waiver by City of one or more conditions of performance or any breach or condition under this Lease shall not be construed as a waiver(s) of any other condition of performance or subsequent breaches or conditions. The subsequent acceptance by a Party of the performance of any obligation or duty by another Party shall not be deemed to be a waiver of any term or condition of this Lease. The City's failure to exercise any remedy, right, option or privilege at law or equity, or otherwise which City may have, shall not be construed as a waiver.

35. INTERPRETATIONS
In construing or interpreting this Lease, the word "or" shall not be construed as exclusive and the word "including" shall not be limiting. The Parties agree that this Lease shall be fairly interpreted in accordance with its terms without any strict construct ion in favor of or against any other Party.

36. SEVERABILITY CLAUSE
If any provision of this Lease is held to be illegal, invalid or unenforceab le in full or in part, for any reason, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceab le, and the other provisions of this Lease shall not be affected.

37. GOVERNING LAW
This Lease shall be governed and construed in accordance with the statutes and laws of the State of California.
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38. VENUE
In the event that suit shall be brought by any Party to this Lease, the Parties agree that venue shall be exclusively vested in the State courts of the County of San Mateo.

39. COMPLIANCE WITH LAWS
The Parties hereto shall comply with all applicab le laws, ordinances, codes and regulations of the federa l, state and local governments in the performance of their rights, duties and obligations under this Lease, including all applicab le laws, ordinances, codes and regulations pertaining to the storage, handling, preparation and service of food.

CITY OF SAN MATEO

SAN MATEO, CALIFORNIA
a municipal corporation
ATTEST
By: _______________________ ____________________________ James Moore Patrice Olds, City Clerk City Librarian
LESSEE:
____________________
Rafat Haddad

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'

COMMERCIAL PREMISES LEASE AGREEMENT

BY AND BETWEEN

CITYOF SAN MATEO
AND

RAFAT HADDAD

EXHIBIT A

SITE PLAN OF SUBJECT PREMISES
. i
l
l
l
j
-

. ----
-. - -
- - - -
\
- - - -.::..i

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COMMERCIAL PREMI SES LEASE AGREEMENT

BY AND BETWEEN

CITYOF SAN MATEO
AND

RAFAT HADDAD

EXHIBIT B

STANDARD I NSURANCE REQUIREMENTS
Insurance Requirements for Lessee:

Lessee shall purchase and mainta in the insurance policies set forth below on all of its operations under this Lease at its sole cost and expense. Such policies shall be maintained for the full term of this Lease and the related warranty period (if applicable). For purposes of the insurance policies required under this Lease, the term "City" shall include the duly elected or appointed officers, employees, and agents of the City of San Mateo , California, individually or collectively.

1. MINIMUM SCOPE AND LIMITS OF REQU IRED INSURANCE POLICIES.

The following policies shall be maintained with insurers authorized to do business in the State of California and shall be issued under forms of policies satisfactory to the City:
a. COMMERCIAL GENERAL LIABILITY INSURANCE POLICY ("CGL").

Policy shall include coverage at least as broad as set forth in Insurance Services Office (herein "ISO") Commerc ial General Liability coverage (Occurrence Form CG 0001) with policy limits not less than the following:
$2,000,000 each occurrence (combined single limit);
$2,00 0,000 for personal injury ;
$2,000,000 general aggregate applying separately to this Property $1,000 ,000 fire
b. BUSINESS AUTOMOBI LE LIABILITY POLICY ("BAL" ).

Policy shall include coverage at least as broad as set forth in Insurance Services Office Business Automobile Liability coverage, Symbol 1 "Any Auto" (Form CA 0001). This policy shall include a minimum combined single limit of not less than one million ($1,000,000) dollars for each accident , for bodily injury and/or property damage. c. WORKERS' COMPENSAT ION AND EMPLOYERS' LIABILITY
INSURA NCE POLICY ("WC/EL"). (A Workers' Compensation Policy is required only if Lessee has employees or volunteers.)
These policies shall include at least the following coverage's and policy limits:

1. Worker s' Compensation insurance as required by the laws of the State of California; and

2. Employer's liability insurance with coverage amounts not less than one million ($1,000,000) dollars each accident/Bodi ly Injury (herein "Bl"); one million ($1,000,000} dollars policy limit Bl by disease ; and, one million

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($1,000,000) dollars each employee Bl by disease.

2.DEDUCTIBLES AND SELF-INSURANCE RETENTION.

Any deductib les and/or self insured retention's which apply to any of the insurance policies referred to above shall be declared in writing by Lessee and approved by the City before work is begun pursuant to this Lease. At the option of the City, Lessee shall either reduce or eliminate such deductibles or self-insured retention's or provide a financial guarantee satisfactory to the City guarantee ing payment of losses and related investigations, claim administration and/or defense expenses.

3. ENDORSEMENTS.

All of the following clauses and endorsements, or similar provisions, are required to be made a part of the required insurance policies indicated in parentheses below:
a. Additional Insureds . The City of San Mateo, its elected and appointed officials and employees and agents are hereby added as additional insureds in respect to liability arising out of the Lessee's work for the City, providing coverage at least as broad as Insurance Seivices Office (ISO) Endorsement CG 2010, 1985 Edition, or insurer's equivalent (CGL);
b. Primary Insurance . This policy shall be considered primary insurance with respect to any other valid and collectib le insurance City may possess, including any self-insured retention City may have, and any other insurance City does possess shall be considered excess insurance only and shall not be called upon to contribute with this insurance (CGL & BAL); and
c. Notice of Cancellatio n. No cancellation shall be effective until written notice has been given at least thirty (30) days prior to the effective date of such cancellation to City at the address set forth below, except the insurer may give ten (10) days notice for non-payment of premium (CGL, BAL, WC/El & PL).

4. ABSENCE OF INSURANCE COVERAGE.

City may direct Lessee to immediately cease all activities with respect to this Lease if the City determines that Lessee fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Lease. Any delays or expense caused due to stopping of work and change of insurance shall be considered Lessee's delay and expense. At the City's discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Lessee.

5. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.

A Certificate of Insurance, on an Accord form, and implementing endorsements shall be provided to City by each of Lessee's insurance companies as evidence of the stipulated coverages prior to commencement of this Lease, and annually thereafter at least ten (10) days prior to termination of existing coverage for the term of this Lease. City receives the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Lease at any time. All of the insurance companies providing insurance for Lessee shall have, and provide evidence of, a Best Rating Service rate of uA VI" or above.

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The Certificate of Insurance and coverage verification and all other notices related to cancellation shall be mailed to:

City of San Mateo
Office of the City Clerk
330 W 20th Avenue
San Mateo, CA 94403

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COMMERCIAL PREMISES LEASE AGREEMENT

BY AND BETWEEN

CITY OF SAN MATEO
AND

RAFAT HADDAD

EXHIBIT C

RULES AND REGULATIONS

1. All areas of the San Mateo Public Library not leased shall not be obstructed by Lessee or used by it for any purpose other than for ingress or egress from the Premises, except that lessee shall have the right to use the indoor and outdoor eating areas. City shall in all cases retain the right to control and prevent access to the Premises of all persons whose presence in the judgment of the City would be prejudicial to the safety, character, reputation and interests of the Library, provided that nothing herein contained shall be construed to prevent such access to persons with whom Lessee normally deals in the ordinary course of its business, unless such persons are engaged in illegal activities.

Lessee shall not go upon the roof of the building.

2. The Premises shall not be used for lodging or sleeping.

3. City will furnish Lessee with two (2) keys and three (3) card keys to the Premises, free of charge. No additional locking devices shall be installed without the prior written consent of the City. City may make reasonab le charge to lessee for any additional lock or any bolt installed on any door of the Premises without the prior written consent of the City.

Lessee shall in each case furnish City with a key for any such lock. Lessee, upon the termination of its tenancy, shall deliver to the Landlord all keys to doors in the Building and the Premises that shall have been furnished to Lessee.

4. In case of invasion, mob, riot, public excitement or other circumstances rendering such action advisable in the City's opinion, City reserved the right to prevent access to the Premises during continuance of same by such action as City may deem appropriate, including closing entrances to the Building. Lessee's rent shall be abated during such periods of closure.

5. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed; no foreign substance of any kind whatsoever shall be deposited therein and any repairs of damage resulting to same from lessee's misuse shall be paid by Lessee.

6. Except with the prior consent of City, Lessee shall not sell, or permit the sale from the Premises of, or use or permit the use of any Common Area adjacent to the Premises for the sale of newspapers, magazines, periodicals, theatre tickets or any other goods, merchandise or service, nor shall lessee carry on, or permit ort allow any employee or other person to carry on, business in or from the Premises for the service or accommodation of occupants of any other portion of the Building, nor shall the Premises be used for manufacturing of any kind, or for any business activity other than specifically provided for in the Lease.

7. Lessee shall not install any radio or televis ion antenna, loudspeaker or other device on

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the roof or exterior walls of the Building.

8. Lessee shall not use in any space, or in the Common Areas of the Building, any hand trucks except those equipped with rubber tires and side guards or such other material handling equipment as City may approve.

9. Lessee shall store all its trash and garbage within the Premises until daily removal of same by the Library's custodians to the dumpster provided by City for disposal thereof.

No material shall be placed in the Building trash boxes or receptacles if such material is of such nature that it may no be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the City of San Mateo without being in violation of any law or ordinance govern ing such disposal. Lessee shall sort trash into provided receptacles for garbage, mixed recyclables, and compostables.

10. All loading and unloading of merchandise, supplies, materia ls, garbage and refuse and delivery of same to the Premises shall be made only through such entryways and elevators and at such times as City shall designate. In its use of the loading areas on the first floor, Lessee shall not obstruct or permit the obstruction of said loading areas, and at no time shall Lessee park vehicles therein except for loading and unloading.

11. Canvassing, soliciting, peddling or distribution of handbills or any other written material in the Building is prohibited and lessee shall cooperate to prevent same.

12. Lessee shall not permit the use of the operation of any coin operated machines on the Premises, including, without limitation, vending machines, video games, pinball machines, or pay telephones without the prior written consent of City.

13. City may direct the use of all pest extermination and scavenger contractors at such intervals as City may require.

14. The requirements of Lessee will be attended to only upon application by telephone or in person at the Library Administration Office. Employees of City shall not perform any work or do anything outside of their regular duties.

15. City may waive any one or more of these Rules and Regulations for the benefit of any particular Lessee or Lessees, but no such waiver by City shall be construed as a waiver of these Rules and Regulations in favor of any other Lessee or Lessees, nor prevent City from thereafter enforcing any such Rules and Regulations against any or all Lessees of the Building.

16. These Rules and Regulations are in addition to, and shall not be construed in any way to modify, alter or amend, in whole or part, the terms, covenants, agreements and conditions of any lease of Premises in the Library.

17. City reserves the right to make such other reasonable rules and regulations as in its judgment may, from time to time, be needed for the safety, care, and cleanliness of the Library, and for the preservation of good order therein provided that any such rules shall not materially impair Lessee's rights in the Premises or increase any burdens upon Lessee in connection therewith.

18. Lessee shall have the right to connect the telephone system in the Premises to the telephone cable distribution system serving the Library at the location of the telephone cable terminal on the floor on which the Premises are situated, provided that no

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connection shall be made and no work otherwise affecting the telephone cable terminal or distribution system shall be undertaken without reasonable prior notice to, and approval of, the City. City shall have responsibility for maintenance of the telephone distribution system and may require supervision of the connection by City, and may impose such other reasonable conditions as may be necessary to protect the telephone cable terminal or distribution system. Any damage to the telephone cable terminal or distribution system caused by the act or omission of Lessee shall be repaired at expense of Lessee.·

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-4661-01 File ID: 22-6784 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 21, 2022
SUBJECT:

Downtown San Mateo Grade Separation Consolidated Railroad Infrastructure and Safety Improvements Program – Application
RECOMMENDATION:

Adopt a Resolution to authorize an application for the Federal Railroad Administration Railroad (CRISI) Program in the amount of $6,000,000 to fund the development of a project study report, preliminary engineering plans, and environmental planning documents to assess the Reconnecting San Mateo Grade Separations Project; commit $2,000,000 in local matching funds; and authorize the City Manager, to execute a funding agreement with the Federal Railroad Administration.

BACKGROUND:

On September 2, 2022, the Federal Railroad Administration (FRA) issued a Notice of Funding Opportunity for the CRISI Grant Program, using funds made available by the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law) and the Consolidated Appropriations Act, 2022. The grants through this program are intended to fund a wide range of intercity passenger and freight rail improvement projects that focus on improving the safety and mobility of people and goods. Grant applications are due on December 1, 2022.

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

While the rail line offers critical transportation service to the Bay Area community, the at-grade crossings in the City pose serious safety risks and disconnect the downtown from the neighboring communities. The FRA has recognized grade crossing incidents to be the second leading cause of rail-related deaths in America. As part of its Business Plan, Caltrain has projected corridor service level increases from 92 trains per day to 360 per day by 2040, further exacerbating the safety concerns at the City’s existing crossings and resulting in significant gate downtimes of more than 30 minutes each hour.

The daily shutdowns will increase vehicle idle times, potentially increase harmful air emissions, block pedestrian and bicycle traffic, and negatively affect emergency response times.

The proposed grade separations will be critical to ensuring conditions in the City remain safe and equitable. This will increase safety exponentially and is expected to produce environmental sustainability and quality of life benefits. In

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CITY OF SAN MATEO
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addition, it will provide economic opportunities to the downtown area and will greatly improve mobility and community connectivity, particularly for some of our most underserved community members living in the adjacent neighborhoods.

As the financial sponsor, the City is responsible for obtaining the funding needed for Caltrain to design and construct the grade separations. The City understands that key considerations for CRISI grant applications include the project’s incorporation of innovative and environmentally sustainable practices and opportunities for increased local economic productivity. In its capacity as the sponsor of this effort, the City commits to supporting the use of innovative and environmentally sustainable practices as part of future construction, as well as the use of fair labor practices.

BUDGET IMPACT:

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

ENVIRONMENTAL DETERMINATION:

The authorization of a grant application is not a project subject to CEQA because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, and because a grant application is an administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Sections 15378(b)(4), (b)(5))

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Project Description

STAFF CONTACT
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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CITY OF SAN MATEO
RESOLUTION NO. (2022)

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

ENGINEERING DESIGNS, AND ENVIRONMENTAL PLANNING DOCUMENTATION FOR THE DOWNTOWN SAN MATEO GRADE SEPARATIONS PROJECT AND SUBMISSION OF A GRANT APPLICATION TO THE U.S.

DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION FOR THE FY 2022

CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT (CRISI) GRANT PROGRAM WHEREAS, the City of San Mateo (Sponsor) is served by freight rail carriers and Caltrain, which provides commuter rail services along a corridor extending from the City and County of San Francisco to the City of Gilroy; and
WHEREAS, twenty-eight at-grade rail crossings (places where local streets cross the railroad tracks) exist along Caltrain’s corridor in San Mateo County; eight are located in the City of San Mateo, the most of any city along the corridor, and six of which are in downtown San Mateo; and WHEREAS, the Federal Railroad Administration has recognized grade crossing incidents to be the second leading cause of rail-related fatalities in the nation; and WHEREAS, Caltrain plans to increase its commuter rail service from 92 trains per day to 360 trains per day by 2040, resulting in gate downtimes at the at-grade crossings for up to 45 minutes during the peak hours, which will increase safety concerns and impede mobility between historically underserved communities and economic, job, and services centers located in downtown San Mateo; and WHEREAS, the Sponsor has identified the need for grade separations at 1st, 2nd, East 3rd, East 4th, East 5th, and 9th Avenues in the core of downtown San Mateo to address these safety concerns, minimize future negative impacts from Caltrain’s increase in service, including gate downtime, and to re-connect neighboring communities; and
WHEREAS, the Sponsor has developed the Reconnecting San Mateo project which requires the development of a project study report, including preliminary engineering plans, and environmental planning documents (Project) for the grade separations in the downtown rail corridor; and WHEREAS, currently it is estimated to cost $8,000,000 to implement the Project scope; and WHEREAS, the Sponsor will seek $6,000,000 in federal grant funding for the Project; and WHEREAS, the Federal Railroad Administration issued a Notice of Funding Opportunity for the CRISI Grant Program on September 2, 2022; and
WHEREAS, the Sponsor supports the incorporation of innovative and environmentally sustainable design practices in the Project and in the future construction phase of the Reconnecting San Mateo project; and

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WHEREAS, the Sponsor recognizes that the use of highly skilled labor benefits the community and thus supports the use of apprenticeship programs and collective bargaining agreements between the contractor and trade unions in the future construction phase of the Reconnecting San Mateo project; and WHEREAS, the Federal Railroad Administration requires a governing board resolution from the Sponsor for the following items:

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

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

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

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

1. The commitment to matching funds for and completion of a project study report, preliminary engineering designs, and environmental planning documents, and authorization of a grant funding application is not a project subject to CEQA. This is because the Project is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, and because it involves administrative activities that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(4), (b)(5).)

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

3. The City Manager, or his designee, is authorized to execute a funding agreement with the Federal Railroad Administration.

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

5. The City certifies that any funds awarded by the Federal Railroad Administration will be used to supplement existing funds for the Project and will not replace existing funds or resources.

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

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Memorandum
To: File
From: Azalea Mitch, Public Works Director
Date:March 14, 2022
Re:Downtown San Mateo Grade Separations – Project Description Scope
Application for planning level grant for the development of a Project Study Report (PSR), preliminary engineering plans / and environmental documents (PE/ENV) for the Downtown San Mateo Grade Separations project (Project). The Project consists of grade separations at six (6) of the crossings in the City’s downtown (1st, 2nd, East 3rd, East 4th, East 5th, and 9th Avenues).

Cost: $8M ($3M PSR, $5M PE/ENV)
City of San Mateo - Background
The City of San Mateo is in San Mateo County, on the Peninsula in the San Francisco Bay Area. It is bordered by Burlingame to the north, Foster City to the east, Belmont to the south, and Hillsborough to the west. The City is conveniently situated 19 miles south of San Francisco and 30 miles north of San Jose. It covers an area of 15.4 square miles, including 3.87 square miles of tidelands from the San Francisco Bay to the east and a range of coastal mountains to the west.

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

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

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

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high concentration of people of color. The City’s North Shoreview, South Shoreview, and North Central neighborhoods have been identified by the MTC as equity priority communities. https://mtc.ca.gov/planning/transportation/access-equity-mobility/equity-priority-communities Caltrain Corridor
The City is served by Caltrain, which provides commuter rail services from the City and County of San Francisco to the City of Gilroy. It consists of a 77-mile route and 32 stations. Forty at-grade street / railroad crossings (places where local streets cross the railroad tracks) exist along Caltrain’s corridor from the City and County of San Francisco to the City of San Jose.

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

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

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

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

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

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Figure 2 – Daily Traffic Crossings
Caltrain 2040 Business Plan - Impacts
While the Caltrain electrification improvements and 2040 Business Plan vision will have significant benefits to the Bay Area community, the higher train frequency will increase safety concerns associated with the existing at-grade crossings in the City. With the passing of the trains, the gates at the at-grade crossings will be down for 30 to 45 minutes during the peak hours. With the most crossings of any other city along the corridor, the impacts to the San Mateo community will be significant. The City’s downtown is a vibrant district with restaurants, office space, and a hospital – all surrounded by residential areas that have easy access to the businesses. Vehicles, pedestrians, and bicyclists travel to the City’s downtown daily. Communities east of the railroad tracks would be impacted, as their access westward to downtown would become increasingly more difficult. These neighborhoods are Equity Priority Communities and would experience significant impacts (Figure 3). Traffic from the west side of the railroad tracks would incur delays to Highway 101. The existing at-grade crossings result in delays to all modes of transportation, impeding east to west traffic flow, and exacerbating safety conditions. The Project proposes to re-connect the east and west communities along the rail corridor and improves safety by eliminating at-grade crossings.

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

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The PSR would develop potential grade separation alternatives, identify environmental concerns, include a traffic analysis, and an estimate of the costs associated with each of the alternatives. Based on the options, a preferred alternative would be selected to develop the preliminary plans and environmental documents. The grade separations would have the following significant benefits to the City:
•Reconnecting of the east and west communities along Caltrain’s rail corridor. •Improved gateway to downtown from neighboring disproportionately burdened communities. •Improved safety for all modes of transportation – pedestrians, bicyclists, and vehicles; •Improved Caltrain operations.
•Improved circulation / traffic operation – reduced queuing times for east-west connectivity. •Safe and improved access to the downtown from surrounding neighborhoods and City at-large. •Lower greenhouse gas emissions.
•Improved economic vitality and livability.

Estimated Cost: $8M (3M PSR, $5M PE/ENV)
Project Duration: Two years
Potential Alternatives
1st through 5th Avenues Crossings: Railroad design parameters have a 1% maximum slope for tracks. Due to their proximity, not enough horizontal distance exists between the crossings from 1st to 5th Avenue to elevate or lower the tracks and maintain the maximum allowable slope. Grade separation attempts at any of the crossings would therefore likely need to be done concurrently. Due to the number of businesses and driveways close to all the crossings, options include a completely elevated track system or a tunnel through the downtown – a split grade separation where the road is partially lowered and the rail is partially elevated will likely not be possible. 9th Avenue Crossing: There are two alternatives for the grade separation at this location, which include an underpass (lowering of the roadway) or a hybrid (combination of an elevated track and lowering of the roadway) (Figure 6). Under the underpass alternative, the rail tracks would remain at the existing elevation and 9th Avenue would be lowered approximately 22 feet below the existing elevation. The hybrid option would require a 10’ elevated track with a 6’ lowering of the roadway. The 6’ lowering of the roadway would affect ~85’ of roadway on 9th Avenue for each side of the tracks. Once implemented, this project would reduce the number of at-grade street / railroad crossing incidents, improving the safety conditions for school children, pedestrians, bicyclists, and drivers in the downtown area and City at-large.

Figure 4 – At-grade Caltrain Crossings in Downtown

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Figure 5 – 4th and 5thth Avenue At-Grade Crossings
Figure 6 – 9th Avenue Grade Separation

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REFERENCES
MTC Open Data – Equity Priority Communities
https://opendata.mtc.ca.gov/maps/MTC::mtc-equity-priority-communities-in-2018-acs-2012- 2016/explore?location=37.568625%2C-122.305267%2C13.46
Caltrain Business Plan
https://caltrain2040.org/about/
Caltrain Electrification
https://calmod.org/

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-4677 File ID: 22-6795 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 21, 2022
SUBJECT:

Marina Lagoon Vegetation and Water Quality Management – Appropriation and Amendment RECOMMENDATION:

Adopt a Resolution to appropriate $316,300 to the Marina Lagoon Management budget from the City’s General Fund; approve Amendment No. 5 to the agreement with Waterworks Industries, Inc. to add scope, extend the term until March 15, 2024, and add compensation for Marina Lagoon vegetation and water quality management in the amount of $830,000 for a new agreement total of $1,738,980; establish a contingency reserve of $82,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue any change orders within the contingency amount.

BACKGROUND:

On February 3, 2020, Council awarded Waterworks Industries, Inc. (Waterworks) a three-year contract for $539,730 with the option of two additional one-year extensions. Waterworks’ scope includes weekly inspections, water quality monitoring and reporting, regulatory support, algaecide and herbicide applications, vegetation harvesting, and debris removal and disposal.

Four previous amendments have added additional scope and funds, bringing the current contract price to $908,980. The Public Works Director authorized Amendment No. 1 in June 2020, adding $93,000 in approved contingency necessary to effectively manage the Marina Lagoon. Amendment No. 2 was approved by Council in August 2020, increasing the overall contract total by $44,770 for additional work including developing a Management Plan. Amendment No. 3, approved in May 2021, added $181,480 for calendar years 2021 and 2022 and established a new contingency of $85,980, of which $50,000 was authorized through Amendment No. 4 in September 2022. The current agreement expires December 31, 2022.

The Marina Lagoon’s environment is dynamic, making it difficult to predict the most effective and efficient management strategies for any given year. Additional funding is needed to continue providing services necessary to maintain water quality, regulatory compliance, recreational capabilities, and aesthetics. Waterworks and staff evaluated several management strategies and determined the most likely for calendar year 2023 will cost $830,000. The proposed amendment for a one-year extension will require $316,300 in supplemental funds to the fiscal year 2022-23 Marina Lagoon Management operating budget, which currently has insufficient funds for this amendment.

The increased costs are due to a combination of circumstances including 1) environmental factors and increased growth; 2) regulatory compliance requirements; 3) chemical product label changes and restrictions; 4) additional scope of work for inspections, water quality monitoring, management plan development and implementation, consulting hours, and alternative treatment options; and 5) increased costs for products, equipment, fuel, disposal, and labor.

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The Marina Lagoon is currently producing an abundance of nuisance vegetation due to warming water, drought conditions, shallowing of the water due to sedimentation, chemical restrictions, and other factors, which has required additional chemical treatments and mechanical harvesting. Waterworks harvested approximately 80 tons of vegetation in 2021, which increased to 400 tons in 2022. If left unchecked, nuisance aquatic vegetation species such as widgeon grass (Ruppia maritima) and filamentous algae (Cladophora), can proliferate to the point of interfering with motor boating and swimming; and pose odor and visual impacts to recreational users and adjacent residents.

Historically, copper algaecides were used as a cost-effective method of managing nuisance algae in the Marina Lagoon.

However, the use of copper algaecides was not effective at controlling nuisance algae without also exceeding water quality limits, resulting in non-compliance with General Permit conditions. As a result, a significant amount of additional mechanical harvesting, as well as alternative chemicals, are required to maintain Marina Lagoon, which are more expensive. GreenClean Liquid 5.0 (GCL5) is a sustainable, reduced risk chemistry for algae control but requires approximately four to eight times the amount to effectively target algae.

To control widgeon grass, contractors historically used a product called Sonar One (fluridone), which is no longer allowed to be applied in saltwater due to a manufacturer label change. As a result, Waterworks and the product vendor applied for approval for a Section 24(c) Special Local Needs (SLN) label to allow for continued use of fluridone in the Marina Lagoon for control of widgeon grass. The field study necessary to obtain a SLN for fluridone use has been unsuccessful to date due to timing and growth conditions on the lagoon. It is probable that these approvals will not be granted unless another study is conducted and approved. The alternative chemical applied in 2022 was the contact herbicide Tribune, active ingredient diquat. It was determined that widgeon grass was not responsive to treatment with diquat, and it was not an effective control agent.

The next most fiscally effective and approved product for widgeon grass control is Imazamox, a more expensive product.

The recommended approach for 2023 is to use Imazamox and GCL5 for vegetation control along with supplemental harvesting. Additional details regarding possible scenarios and costs can be found in the Scope of Work, Exhibit A to the attached Agreement.

BUDGET IMPACT:

This work was budgeted in the fiscal year 2022-23 Marina Lagoon Management operating budget; however, based on staff’s year-end estimate for this program, there are not sufficient funds within the program's operating budget for this amendment. A supplemental budget appropriation from the General Fund of $316,300 will be needed to cover this amendment. Based on current revenue projections for the General Fund, it is anticipated that this appropriation can be absorbed without negatively impacting the fund’s reserve position.

ENVIRONMENTAL DETERMINATION:

This Vegetation and Water Quality Management Agreement is categorically exempt from CEQA because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Amendment No. 5

STAFF CONTACT
Sarah Scheidt, Regulatory Compliance Manager
[email protected]
(650) 522-7385

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CITY OF SAN MATEO
RESOLUTION NO. (2022)
APPROPRIATE $316,300 TO THE MARINA LAGOON MANAGEMENT OPERATIONS BUDGET FROM THE CITY’S UNASSIGNED GENERAL FUND BALANCE
WHEREAS, on February 3, 2020, City Council awarded Waterworks Industries, Inc. (Waterworks) a three-year contract for Marina Lagoon Vegetation and Water Quality Management of the Marina Lagoon for $539,730 with the option of two additional one-year extensions; and WHEREAS, the current agreement expires December 31, 2022; and WHEREAS, Waterworks’ scope includes weekly inspections, water quality monitoring and reporting, regulatory support, algaecide and herbicide applications, vegetation harvesting, and debris removal and disposal; and
WHEREAS, control of nuisance aquatic vegetation is necessary to prevent interference with motor boating and swimming and reduce odors and visual impacts to recreational users and adjacent residents; and
WHEREAS, four (4) previous amendments brought the current agreement total to $908,980; and
WHEREAS, on November 21, 2022, City Council approved Amendment No. 5 to the agreement with Waterworks Industries, Inc. to add scope, extend the term until March 15, 2024, and add compensation for Marina Lagoon vegetation and water quality management in the amount of $830,000 for a new agreement total of $1,738,980; and
WHEREAS, there are not sufficient funds in the FY 2022-23 Marina Lagoon Management operating budget for Amendment No. 5; and
WHEREAS, staff proposed a supplemental budget appropriation of $316,300 the Public Works’ operating budget for Marina Lagoon Management for FY 2022-23 from the unassigned General Fund balance.

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

1. An appropriation of $316,300 in Unassigned General Fund balance to the FY 2022-23 Marina Lagoon Management Operating Budget is approved.

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AMENDMENT NO. 5 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
WATERWORKS INDUSTRIES, INC. FOR

MARINA LAGOON VEGETATION AND WATER QUALITY MANAGEMENT
($539,730 [Original Amount], $93,000 [Amendment 1], $44,770 [Amendment 2], $181,480 [Amendment 3], $50,000 [Amendment 4], $830,000 [Amendment 5]) WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Waterworks Industries, Inc. (Consultant”), entered into an Agreement for Marina Lagoon Vegetation and Water Quality Management Professional Services (“Agreement”) on February 4, 2020; and WHEREAS, City and Waterworks Industries, Inc. wish to amend the Agreement effective November 21, 2022, to increase scope and compensation, and extend the term of this agreement.

NOW, THEREFORE, the parties agree as follows:

1. Section 1 – Scope of the Agreement is amended to reference “Exhibit A, A1, and A2”

2. Section 4 - Term of the Agreement is amended to read, “The services to be performed under this agreement shall commence on February 4, 2020, and be completed on March 15, 2024.

3. Section 5 – Payment of the Agreement is amended to reference “the services set forth in Exhibit A, A1, and A2”, and the fee schedule set forth in Exhibit B5 to the Agreement is attached and incorporated by reference, changing the fee from $908,980 to $1,738,980.

4. The remaining terms of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, CITY OF SAN MATEO and WATERWORKS INDUSTRIES, INC. have executed this Agreement on ___________________.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Richard Carnation
CEO, Waterworks Industries, Inc.

Attachments:

Exhibit A2
Exhibit B5

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EXHIBIT A2

SCOPE OF WORK
Marina Lagoon Vegetation and Water Quality Management
Waterworks Industries, Inc., Amendment #5
Consultant shall provide aquatic vegetation and water quality management professional services for the Marina Lagoon in San Mateo. The following are clarifications and additions to the original Scope Exhibit A, and Amendment #2, Exhibit A1; and are consistent with an updated Exhibit B5 – Payment Rates.

PRIMARY SCOPE OF SERVICES
A. Routine Inspection and Ambient Monitoring: Weekly lagoon inspections and observed debris removal.
a. In coordination with the weekly inspection and monitoring, remove trash and debris in the water, along banks.
b. This task does not include debris recycling and disposal costs identified in the Payment Rates Exhibit B5; but does include personnel and equipment costs. c. Larger debris requiring specialized boats or equipment are special requests and per rates identified in Exhibit B5.

B. Regulatory Compliance: Provide all tasks for the City in conformance with requirements of pertinent regulatory agencies, policies, and plans, and permits. All tasks in this Scope of Work must be in conformance with the Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Residual Aquatic Pesticide Discharges to Waters Of the United States from Algae and Aquatic Weed Control Applications; California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement SAA No. 1600-2013-0268-R3, a United States Army Corps of Engineers Regional General Permit, a California Regional Water Quality Control Board Water Quality Certification for maintenance activities at the Marina Lagoon, the City’s Aquatic Pesticide Application Plan, and DPR licensing and other requirements for application of pesticides by an individual and business. Use of integrated pest management (IPM) principles (e.g., pre-emergent prevention or minimization of nuisance growth, use of least toxic but comparably effective suppression methods, and techniques for most effective use of physical and chemical controls).

Regulatory Compliance tasks are described in Exhibit A, A1, and updated costs in Exhibit B4 as follows.
a. Consulting / Regulatory Support: The project team will provide as-needed consulting and support for items including, but not limited to, IPM, NPDES compliance, CDFW SAA compliance, calls and or meetings, DPR Research Authorization and/or Special Local Needs labeling, interpretation of DPR regulations and product labels, timing of maintenance activities relative to regulatory constraints, support related to known or suspected harmful algae blooms (HABs), coordination and/or communication with regulatory agencies, algae and widgeongrass management, site scouting and pest ID, assistance calculating use rates/amounts for application, and as-needed technical consulting. b. NPDES Water Quality Monitoring & Lab Analysis: Based on the City’s APAP, NOI, and intended applications, Contractor & Associated staff will collect and submit for analysis surface water samples according to Permit requirements. During or shortly after sample collection, we will perform necessary field chemistry analysis (pH, electrical conductivity (EC), dissolved oxygen (DO) and turbidity) and submit properly preserved and labeled samples under chain of custody procedures to a qualified analytical laboratory for chemical

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analysis. Upon receipt of analytical data, staff will review and quality assure the data and prepare a brief summary of results for inclusion in the annual report to the SWRCB. c. NPDES Data Tabulation & Annual Report: As described in the City’s APAP, several time- sensitive reporting requirements exist in the event of non-compliance with the permit.

Contractor & Associated will perform a timely review of applicable data and documentation and inform the City of a potential or an actual non-compliant circumstance, if any. Examples of time-specific reporting include the 24-hour report and the 5-day written report if occurrences of non-compliance are encountered. Based on monitoring results from Task C.b. above, Blankinship & Associates will compile analytical laboratory, field analysis, observation and herbicide application data and prepare the required tables and text for the City’s draft annual report. After the City’s review of the draft report and our incorporation of edits, we will submit a final annual report to the SWRCB and RWQCB on the District’s behalf.
d. Lagoon Management Plan (LMP) Finalization Contractor & Associated staff will finalize and deliver a draft LMP to the City for review. Upon incorporation of comments and based on the City’s feedback, we will finalize the plan for implementation. e. Annual Lagoon Management Plan Implementation: Contractor & Associated staff will prepare an implementation memorandum to the LMP describing the actions that will be taken in 2023 with suggested actions and timing. As needed, on-call support will be provided to discuss the benefits or limitations of management actions in the Lagoon so implementation is effective and consistent with the City’s goals. The implementation plan may be revised during the year to reflect any changes in management challenges observed in the Lagoon.
f. RMA Pre Harvesting Nesting Bird Survey: A CDFW-approved biologist will conduct a nesting bird survey of the Zone(s) to be harvested, staging and stockpile areas consistent with SAA requirements. The survey will be completed as close to the initiation of harvesting as feasible, but no more than 15 days prior to the start of work. If active nests are located during the survey, species appropriate no-disturbance buffers will be established to prevent adverse impacts to the active nest. A KMZ or PDF map with the location of the nest and applicable buffer around the nest will be provided to the City, harvester staff and CDFW prior to the start of harvesting activities.
g. RMA Dock Installation Nesting Bird Survey: A CDFW-approved biologist will conduct a survey of the dock, area of influence where disturbance due to dock installation activities, and staging areas that could impact the success of any active nests. If active nests are located during the survey, activity- and species-appropriate no-disturbance buffers will be established to prevent adverse impacts to the active nest. A KMZ or PDF map with the location of the nest and applicable buffer around the nest will be provided to the City, dock contractor and CDFW prior to the start of activities.
h. Additional Fluridone Testing: As needed, Contractor & Associated staff will conduct monitoring for vegetation and/or fluridone. This work may support a DPR Research Authorization or application for a Special Local Needs label for fluridone products to be used to support the City’s management of widgeongrass in the Lagoon. Beach Cleanup:

Once per week beach cleanup at each of Marina Lagoon’s public beach parks 1) Aquatic Parkside and 2) Lakeshore. This task includes skimming the water along the shoreline for algae and debris or litter; and removal of such materials. This task does not include debris recycling and disposal costs identified in Exhibit B4
C. Herbicide Treatments with Fluridone or Imazamox: Regulatory constraints have limited or prohibited the use of active ingredient herbicides such as copper and fluridone. In 2022, it was

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determined that widgeongrass was not responsive to treatment with diquat, and it was not an effective control agent in 2022. It is probable that the regulatory approvals necessary to use fluridone for the 2023-24 management year will not be granted; as the field study necessary to obtain a Special Local Needs Registration for fluridone use has been unsuccessful to date due to timing and growth conditions on the lagoon. There is a small chance it will be approved for use in 2023-24 if another study is conducted and approved.

The next most fiscally effective and regulatorily approved product is Imazamox, which is more expensive; but is the most likely scenario for the 2023 season. Because Imazamox is a contact management tool, the widgeongrass needs to have grown enough for the Imazamox to penetrate and control it. This will result in some fragments of the widgeongrass growth to break loose and there will be some harvesting required to clean up the fragments that are historically windblown towards the Eastern side of the Lagoon. It has been recommended by the PCA that the lagoon wide treatment with Imazamox be between 100 and 300 ppb and have three treatments spread out through the season. A copy of pest control recommendations will be provided by April 2 each year.

D. Algicide Treatment and Dye: GreenClean Liquid 5.0 worked well on most of the algae but it’s hard to say how effective it was on the algae regrowing as this 2022 year ended up having over four times the amount of widgeongrass in the lagoon absorbing nutrients and out competing with the algae for the regrowth. It is assumed that shoreline acres will need to be treated three times throughout the growth season, with an estimated 130 acres total.

Aquatic dyes are a potential for use in Marina Lagoon and is highly recommend to help thwart the growth of algae and widgeongrass with the inexpensive and effective black and blue combination dye that is utilized in Foster City. Aquatic dyes will not be used without prior approval from the City.

E. Mechanical Harvesting: The harvester included in the original RFP for some incidental harvesting was the H8-200 which has a 8 foot wide cutting head and 200 cubic feet of vegetation capacity per trip. Because of the amount of vegetation growth in 2022, Waterworks brought in two H10-650 harvesters. These units have a 10 foot cutting head width and 650 cubic feet of vegetation storage per trip. These machines have three times the capacity of the originally quoted machine.

The H10-650 Harvesters increased the amount of harvested material out of the lagoon from 81.1 tons in 2021 to 428.68 tons in 2022. There was still a lot of harvested material that was not able to be harvested out and the expected quality of the lagoon could still be improved upon with larger and more harvesters. There was a large number of complaints from April through July 2022 and recreation was limited.

For 2023, Waterworks Industries has purchased and taken receipt of two additional H11-1050 stainless steel harvesters that have a 11 foot cutting head width and a much larger carrying capacity of 1050 cubic feet, some of the largest in the United States and the two largest in California as far as we know. These two harvesters will be able to harvest and transport an additional 40% more vegetation per trip which will increase the speed and volume of widgeongrass removed from the lagoon. Additionally, the existing H10-650 Stainless Steel harvester will be the 3rd available harvester to help with the removal of the widgeongrass if it is needed. By having all three of the above harvesters working, the harvesting operation will have improved from 1300 cubic feet of widgeongrass removed per trip in 2022 to a 2023 capacity of 2750 cubic feet of widgeongrass removed per trip. Doubling the amount removed per trip from a capacity point of view.

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This increased capacity is more expensive of an operation. Because of the size of these harvesters, everything is bigger, heavier and more expensive to operate from transporting them to the lagoon, operating them in the lagoon and unloading the widgeongrass onto the specialty trailer and transporting the widgeongrass to the landfill or the park area to dry for a short period of time. An additional project manager would be needed for a larger harvesting operation 40 days.

Associated costs are outlined per potential unit in Exhibit B4. Harvester Days include equipment and labor. The Truck and Transfer Trailer are costed out per day of harvesting activity. Aquatic Vegetation disposal fees are costed out separately and charged at cost. If vegetation is spread at Laguna Vista Park to dry, and excavator charge per day is included as well.

F. Debris and Special Work Request: Debris disposal costs for routine weekly inspection/trash removal and beach cleanups are included at cost. Post-storm or non-routine cleanup events as requested to remove large debris or objects, and to inspect and remove litter and debris collected at the trash boom downstream from Laurel Creek are included at per-hour rates with or without boat operated assistance.

G. Project Administration and Communications -
a. Weekly – Complete daily work reports for inspections, physical activities and chemical treatments, that clearly describes areas where work was conducted, types and amounts of aquatic pesticide(s) used at each application event, types and extent of physical activities conducted and amount and types of debris removed, and water quality observations. b. Weekly – Each Monday during plant nuisance season, communicate general observations on nuisance growth, and the tentative action plan for the remainder of the week. c. Monthly, by the 10th – Provide copies of daily/weekly work reports for the previous month, and provide a summary of the number of treatments, and types and quantities of pesticides applied using the DPR monthly summary pesticide use report. The GPS tracks and associated data along with the harvested masses of aquatic vegetation will also be included in monthly reports. Payment for services is contingent upon timely receipt of this information.

Vegetation and Water Quality Management Scenario Cost Estimates: Costs were estimated for best case, most likely case, and worst-case scenarios, using various combinations of tasks in the Payment Rates schedule and estimated quantities listed in Exhibit B4. All three management scenarios include a Baseline Cost of $231,509, which includes:
•Weekly Inspections
•All Regulatory Compliance Tasks
•Weekly Beach Cleanups
•Algaecide Water Quality Treatments
•Debris Disposal and Special Cleanup Requests

1. The most fiscally effective and regulatorily approved product is Imazamox. The most likely scenario is effective herbicide treatment with Imazamox combined with supplemental harvesting for 20 days using one machine. This product is for control of widgeongrass as a contact management tool.

That means that Imazamox, like Diquat needs to be applied only after the widgeongrass is growing

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and present in the lagoon. This Imazamox methodology is effective as a lagoon wide treatment plan so that the Imazamox ppb rates are high enough to be an effective control agent. It has been recommended by the PCA that the lagoon wide treatment with Imazamox be between 100 and 300 ppb and have three treatments spread out through the season. It is estimated that the three treatments of Imazamox and the supplemental 20 days of harvesting, off hauling and disposal would cost $598,000, plus the Baseline cost of $231,509 for a total of $829,509, rounded up to $830,000. This is the recommended cost approach given the unlikely scenario of fluridone approval described below.

2. The preferred management scenario would be fluridone approval (unlikely) and use with some supplemental harvesting. This is the most economical management with a product that has been historically 85-95% effective resulting in some harvesting activities that will still be needed. We estimate that the costs to manage the lagoon with a full fluridone lagoon treatment of an initial 90 ppb treatment followed up by two separate 30 ppb treatments can get San Mateo a historic 85-95% effective control rate. The minimally supplemental harvesting will potentially require about 20 harvesting days, utilizing the H11-1050 harvester, truck and transfer trailer, and vegetation disposal. It is estimated that the three treatments of the fluridone and the supplemental 20 days of harvesting, off hauling and disposal would cost $397,844.90, plus the Baseline cost of $231,509 for a total of $629,353.

3. The worst case would be full herbicide treatments (either fluridone or Imazamox) proving ineffective due to storm wash out, resistance, or other unknowns. In this case a full-scale harvesting operation would be needed utilizing three large harvesters for an estimated 80 days, ground equipment, off-hauling, project management, and disposal. The total cost including Baseline costs for this scenario are between $1,030,354 and $1,230,508.

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Exhibit B5 ‐ Fee Schedule 2023
Project Task Unit
Estimated
Units
Total
Cost /unit Estimate
Weekly Lagoon Inspections/Observed Debris Removal Day 52 $575 $29,900 Beach Cleanup‐ Once Per Week Hour 52 $75 $3,900
Regulatory Compliance
Hours 60 $225 $13,500
Annual NTE Budget 1 $15,000 $15,000
Report 1 $3,850 $3,850
Event 1 $5,500 $5,500
Event 1 $2,200 $2,200
Event 2 $2,000 $4,000
Event 5 $1,850 $9,250
Consulting / Regulatory Support
NPDES Water Quality Monitoring & Lab Analysis
NPDES Data Tabulation & Annual Report
Lagoon Management Plan Finalization
Annual Lagoon Management Plan Implementation
RMA Pre Harvesting Nesting Bird Survey
RMA Dock Installation Nesting Bird Survey
Additional Fluridone Testing
Best Case Scenerio Herbicide Treatment ‐ Fluridone
Event 1 $15,000 $15,000
Acre Feet 530 $294 $155,995
Acre Feet 530 $123 $64,925
Herbicide - Fluridone - Initial 90 ppb treatment
Herbicide - Fluridone -30 ppb bump treatment
Herbicide - Fluridone -30 ppb bump treatment
Second Best Case Scenerio Herbacide Treatment ‐ Imazamox Acre Feet 530 $123 $64,925
Acre Feet 530 $306 $162,000
Acre Feet 530 $306 $162,000
Acre Feet 530 $306 $162,000
Herbicide - Imazamox 100-300 ppb Initial Treatment W-MSO Herbicide - Imazamox 100-300 ppb Second Treatment W-MSO Herbicide - Imazamox -100-300 ppb Third Treatment W-MSO Extra Treatment for wash out
Mechanical Harvesting with Vegetation Off Haul
Acre Feet 530 $306 $162,000
8-hour Day 20 $2,800 $56,000
8-hour Day 20 $3,500 $70,000
8-hour Day 20 $1,200 $24,000
Day 60 $225 $13,500
Harvester H10-650
Harvester H11-1050
Truck and Walking Floor 1050 CF Shoreline Transfer Trailer Excavator to disperse and reload Vegetation
Aquatic Vegetation Disposal Fees - Actual Cost
Water Quality Treatments
Yard 300 $58 $17,250
Shoreline Area Acres 131.25 $678 $88,963Algaecide Applications - Green Clean Liquid 5.0 Aquatic Dye - 50/50 Black and Blue
Debris and Special Work Request
Acre Feet 795 $28 $22,196
Cubic Yard 150 $55 $8,250
Per Hour 20 $275 $5,500
Debris Recycing and Disposal Estimate
Storm / Special Request Clean Up w/ Boat Operated
Storm / Special Request Clean Up Per Hour Labor 60 $75 $4,500

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 82-4683 File ID: 22-6811 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 21, 2022
SUBJECT:

Gasoline Fuel Procurement and Delivery Services – Amendment RECOMMENDATION:

Approve Amendment No. 3 to the agreement with Pinnacle Petroleum, Inc. for gasoline fuel procurement and delivery services in the amount of $250,000, for a new overall potential agreement total of $1,625,000, inclusive of the City’s remaining options to extend the agreement; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue any change orders within the contingency amount.

BACKGROUND:

The City maintains a fueling station at the Corporation Yard for the existing fleet. In June 2020, an agreement was awarded to Pinnacle Petroleum, Inc. for the procurement and delivery of gasoline. Council approved a one-year agreement in an amount not to exceed $250,000, with four optional one-year extensions with the same annual price for an overall estimated not-to-exceed amount of $1,250,000, and established a contingency reserve in the amount of $125,000.

In July 2021, Amendment No. 1 was executed to extend the contract for the first of four, optional one-year extensions through June 30, 2022. In April 2022, Contract Change Order No. 1 was issued to add the full contingency of $125,000 to the agreement amount due to the increase in fuel costs to provide additional funding through June 30, 2022, which was exhausted during that fiscal year. In July 2022, Amendment No. 2 was executed to extend the contract for the second of four, one-year extensions through June 30, 2023.

With the increase in fuel costs, the original annual amount defined at the beginning of the agreement term in 2020 is no longer sufficient. Staff reviewed fiscal year 2022-23 first quarter expenses for gasoline and estimated a 50% increase in overall cost.

Original Annual Amount $250,000
Year-to-Date Expenditures $112,923
Year-End Projection $500,000
Recommended Increase $250,000
Revised Annual Amount $500,000
Based on year-end projections, staff recommends City Council approve an amendment to increase the current one-year extension by $250,000 for a new total annual amount not to exceed $500,000 for fiscal year 2022-23, and a new overall agreement amount not to exceed $1,625,000, and to establish a new contingency reserve in the amount of $100,000.

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BUDGET IMPACT:

The fuel agreements are managed and administered centrally within Fund 82 by the Fleet Services Division, with fuel costs charged back to departments based on actual usage. Sufficient funds are included in the operating budgets for the various departments that utilize gasoline fuel. No supplemental budget appropriation is recommended at this time. Staff will continue to monitor fuel costs and request adjustments as needed.

ENVIRONMENTAL DETERMINATION:

This amendment 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 - Amendment No. 3

STAFF CONTACT
Marie Silva, Facilities and Fleet Services Manager
[email protected]
6505227328
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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AMENDMENT NO. 3 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
PINNACLE PETROLEUM, INC. FOR GASOLINE FUEL

PROCUREMENT AND DELIVERY FOR PUBLIC WORKS ANNUAL FUEL PROCUREMENT ($250,000 [Original Amount], $250,000 [Amendment 1], $250,000 [Amendment 2], $250,000 [Amendment 3])
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Pinnacle Petroleum, Inc. (“Contractor”), entered into an Agreement for gasoline fuel procurement and delivery services (“Agreement”) on June 30, 2020; and
WHEREAS, City and Contractor wish to amend the Agreement effective November 21, 2022 to increase the amount of this Agreement; and
WHEREAS, the City has completed the original one-year Agreement term; and has the option to extend the original contract for up to four one-year extensions on the same price and terms; and WHEREAS, the City has extended the contract for a second, one-year term through June 30, 2023; and
WHEREAS, the original cost of fuel has escalated and is no longer sufficient; and WHEREAS, the City and Pinnacle Petroleum, Inc. wish to amend the Agreement to increase the amount of the Agreement through June 30, 2023.

NOW, THEREFORE, the parties agree as follows:

1. Section 5, “Payment,” of the Agreement is amended to read as follows:
“In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount not to exceed $500,000, pursuant to rates stated in Exhibit B for the duration of this one-year extended term.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and PINNACLE PETROLEUM, INC. have executed this Amendment No. 3 on ________________.

CITY OF SAN MATEO CONTRACTOR
Azalea Mitch
Public Works Director
Liz McKinley
Its Authorized Agent
President

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 82-4683- 03-5531
File ID: 22-6812
TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 21, 2022
SUBJECT:

Renewable Diesel Fuel Procurement and Delivery Services – Amendment RECOMMENDATION:

Approve Amendment No. 3 to the agreement with Bosco Oil, Inc. dba Valley Oil Company for procurement and delivery of red and clear renewable diesel services in the amount of $150,000, for a new overall potential agreement total of $975,000, inclusive of the City’s remaining options to extend the agreement; establish a contingency reserve in the amount of $60,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue any change orders as allowed by the agreement within the contingency amount.

BACKGROUND:

Clear renewable diesel is used to power citywide fleet including dump trucks, street sweepers, sewer flusher trucks, and light-duty maintenance trucks. Red diesel is used to power off-road equipment, including the Marina Lagoon Pump Station and stationary electrical generators. In June 2020, an agreement was awarded to Bosco Oil, Inc, dba Valley Oil Company for the procurement and delivery of red and clear diesel fuel. City Council approved a one-year agreement in an amount not to exceed $150,000, with four optional one-year extensions with the same price and terms for an overall estimated not-to-exceed amount of $750,000. Additionally, a contingency reserve in the amount of $75,000 was established.

In May 2021, Amendment No. 1 was issued to extend the contract for the first of four optional one-year extensions through June 30, 2022. In March 2022, Contract Change Order No. 1 was issued to add the full contract contingency in the amount of $75,000 due to the increase in fuel costs to provide funding through June 30, 2022. In June 2022, Amendment No. 2 was issued to amend the agreement to add the procurement and delivery of clear renewable diesel fuel and to extend the contract for the second of four one-year extensions through June 30, 2023.

With the increase in fuel costs, the original annual amount defined at the beginning of the agreement term in 2020 is no longer sufficient. Staff reviewed fiscal year 2022-23 first quarter expenses for diesel fuel and estimated a 50% increase in the annual cost.

Original Annual Amount $150,000
Year-to-Date Expenditures $68,472
Year-End Projection $300,000
Recommended Increase $150,000
Revised Annual Amount $300,000
Based on year-end projections, staff recommends City Council approve an amendment to increase the current one-year extension by $150,000 for a new total annual amount not to exceed $300,000 for fiscal year 2022-23 and a new overall

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agreement amount not to exceed $975,000 and to establish a new contingency reserve in the amount of $60,000.

BUDGET IMPACT:

The fuel agreements are managed and administered centrally within Fund 82 by the Fleet Services Division with fuel costs charged back to departments based on actual usage. Sufficient funds are included in the operating budgets for the various departments that utilize diesel fuel. No supplemental budget appropriation is recommended at this time. Staff will continue to monitor fuel costs and request adjustments as needed.

ENVIRONMENTAL DETERMINATION:

This amendment 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 - Amendment No. 3

STAFF CONTACT
Marie Silva, Facilities and Fleet Services Manager
[email protected]
6505227328
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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AMENDMENT NO. 3 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
BOSCO OIL, INC. DBA VALLEY OIL COMPANY FOR

DIESEL FUEL PROCUREMENT AND DELIVERY SERVICES
($150,000 [Original Amount], $150,000 [Amendment 1], $150,000 [Amendment 2], $150,000 [Amendment 3])
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Bosco Oil, Inc. dba Valley Oil Company (“Contractor”), entered into an Agreement for red and clear diesel fuel procurement and delivery services (“Agreement”) on July 16, 2020; and WHEREAS, City and Contractor wish to amend the Agreement effective November 21, 2022 to increase the amount of this Agreement, and
WHEREAS, the City has completed the original one-year contract term; and has the option to extend the original contract for up to four, 1-year extensions on the same price and terms; and WHEREAS, the City has executed two, 1-year extensions for the Agreement through June 30, 2023; and
WHERAS, the original annual cost of fuel has escalated and is no longer sufficient; and WHEREAS, the City and Bosco Oil, Inc. dba Valley Oil Company wish to amend the Agreement to increase the amount of the Agreement through June 30, 2023.

NOW, THEREFORE, the parties agree as follows:

1. Section 5, “Payment,” of the Agreement is amended to read:
“In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount not to exceed $300,000 pursuant to rates stated in Exhibit B for the duration of this one-year extended term.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]

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Contract Amendment Page 2 of 2
Rev 9/17
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9 2
IN WITNESS WHEREOF, CITY OF SAN MATEO and BOSCO OIL, INC. DBA VALLEY OIL COMPANY have executed this Amendment No. 3 on ________________.

CITY OF SAN MATEO CONTRACTOR
Azalea Mitch
Public Works Director
Bob Christiansen
Its Authorized Agent
President

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CITY OF SAN MATEO
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7 4

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 10-4679 File ID: 22-6818 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 21, 2022
SUBJECT:

Transfer of Property Rights from County of San Mateo to City of San Mateo – Amendment RECOMMENDATION:

Adopt a Resolution to approve the amendment to the agreement for transfer of property rights from the County of San Mateo to the City of San Mateo with regard to the North Shoreview Flood Improvement project and authorize the City Manager to execute the amendment in substantially the form presented.

BACKGROUND:

The City is currently in construction of the North Shoreview Flood Improvements Project (Project), consisting of levee improvements and replacement of pump stations, to remove the North Shoreview and North Central neighborhoods from the Federal Emergency Management Agency’s (FEMA) special flood hazard zones. The Project is located entirely within Coyote Point Recreation Area, which required the transfer of specific property rights to the City from the County of San Mateo (County) at no cost. On April 15, 2019, Council approved the permanent and temporary transfers of real property from the County to the City for the construction of the Project and perpetual maintenance of the pump station facilities and levee via Resolution No. 31 (2019).

In December 2020, staff discovered that the County constructed a new fire pump station within the temporary easement near the Poplar Avenue levee improvement site. Because the City was unaware of the construction of this facility, it was not accounted for in the property transfer documents. In January 2021, the County provided authorization to reroute the levee easement around the fire pump station to avoid major delays on the Project while resurveying and revisions of plats and descriptions occurred.

Staff is now seeking to formally amend the easement agreement to include the expanded area. Since the Poplar Avenue levee segment in this area contains utility assets for the County, the amendment for the permanent easement agreement includes additional language that the County will seek authorization from the City prior to any work that can affect the integrity of the levee. These amendments enable the City to provide continual flood protection.

BUDGET IMPACT:

There is no budget impact directly associated with the amendment for the transfer of real property agreement. After completion of the Project, the City will assume additional responsibility for the ongoing maintenance of the easements.

ENVIRONMENTAL DETERMINATION:

This amendment is not subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) CEQA analysis was completed for the North Shoreview Flood Improvements Project and was approved by City Council on

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CITY OF SAN MATEO
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7 4
October 19, 2015. Under section 15074 of the CEQA Guidelines, the City adopted a negative declaration for this project.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Amendment No. 1 to the Agreement for Grant of Perpetual Easements Att 3 – Grant of Perpetual Easements for Levee Improvements and Pump Station Facilities

STAFF CONTACT
Jana Cadiz, Assistant Engineer
[email protected]
650-522-7575
Jimmy Vo, Senior Engineer
[email protected]
(650) 522-7319

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9 9

CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVING AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SAN MATEO

FOR PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS WITHIN COYOTE POINT

IN CONNECTION WITH THE NORTH SHOREVIEW FLOOD IMPROVEMENT PROJECT WHEREAS, the City is currently constructing the North Shoreview Flood Improvements Project to remove the North Shoreview and North Central neighborhoods from within the Federal Emergency Management Agency (FEMA) special flood hazard zone map, effective April 5, 2019; and WHEREAS, the project is located within the Coyote Point Recreation Area, which requires temporary and permanent construction easements; and
WHEREAS, on April 15, 2019, the City Council approved an agreement to transfer real property from the County to the City for the construction of the project and perpetual maintenance of the pump station facilities and levee via Resolution No. 31 (2019); and
WHEREAS, the City and the County of San Mateo have agreed to amend the agreement to reduce temporary easements and expand perpetual easements near the Poplar Avenue Pump Station at no fee due to a new fire pump station that currently obstructs planned levee improvements.

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

1. Amendment No. 1 to the Agreement for Grant of Perpetual Easements between the County of San Mateo and City of San Mateo for levee improvements and pump station facilities is hereby approved.

2. The City Manager is authorized to execute the amendment in substantially the form presented.

3. The City Clerk is authorized and directed to record this Resolution and Amendment No. 1 above with the deeds in the Office of the Recorder to the County of San Mateo.

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ATTACHMENT 2
AMENDMENT NO. 1 TO THE AGREEMENT

FOR GRANT OF PERPETUAL EASEMENTS

FOR LEVEE IMPROVEMENTS AND PUMP STATION FACILITIES

BETWEEN THE COUNTY OF SAN MATEO AND CITY OF SAN MATEO

WHEREAS, the County of San Mateo (“Grantor”), a political subdivision of the State of California, and the City of San Mateo (“Grantee”), a municipal corporation of the State of California, entered into an Agreement for Grant of Perpetual Easements for Levee Improvements and Pump Station Facilities (“Agreement”) on July 18, 2019; and

WHEREAS, Grantor and Grantee wish to amend the Agreement to expand the perpetual easement areas.

NOW, THEREFORE, the parties agree as follows:

1. Recital A of the Agreement is amended to reference "Exhibits A, B, C, D, and F," Exhibit F to the Agreement is attached and incorporated by reference.

2. Recital B of the Agreement is amended to add the following:

5. Construction Easement, as described in Exhibit F hereto.

3. Section 1 – Grant of Easement of the Agreement is amended to reference “Recital Paragraphs B.1 through B.5.”

4. Section 3 – Use of Easement Areas by Grantor of the Agreement is amended to add the following:

Grantor must seek authorization from the Grantee prior to any work on Grantor’s utility assets within the Easement Areas that can affect the integrity of the levee area.

5. The remaining terms of the Agreement remain in full force and effect.

GRANTOR:

COUNTY OF SAN MATEO

County Manager

Date: _______________________________
GRANTEE:

CITY OF SAN MATEO

Drew Corbett
City Manager

Date: _______________________________

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Attest:

Clerk of the Board of Supervisors

Approved as to form and procedure:

Deputy County Counsel

Attest:

Patrice Olds
City Clerk

Approved as to form and procedure:

Prasanna Rasiah
City Attorney

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October 21, 2022
Job No. A14111-7

EXHIBIT “F”

LEGAL DESCRIPTION

CONSTRUCTION EASEMENT
All that certain real property situate in the City of San Mateo, County of San Mateo, State of California, being a portion of Parcel Y as shown on that certain Record of Survey filed for record on July 28, 1977 in Book 8 of L.L.S. Maps at Pages 89 to 95, San Mateo County Records, more particularly described as follow:

Commencing at a westerly corner of Parcel Y, said corner also being the Ordinary High Water Mark i(OHWM) Station 60 as shown on said Record of Survey.

Thence along the westerly lines of said Parcel Y the following two (2) courses and distances:

1. South 11º38’27” West, 4.15 feet;

2. South 10º16’33” East, 75.02 feet to the True Point of Beginning; Thence along said westerly line the following three (3) courses and distances:

1. South 10º16’33” East, 24.98 feet;

2. South 17º21’33” East, 100.00 feet;

3. South 11º29’25” East, 264.22 feet;
Thence leaving said westerly line South 28º42’05” East, 68.40 f eet to a point on the northerly line of land described in that certain Grant Deed recorded February 11, 1926 in Book 216 at Pages 134, San Mateo County Records;
Thence along said northerly line North 50º16’27” East, 47.70 feet to the northerly corner of said Land; Thence leaving said northerly corner South 41º40’33” East along the easterly line of said Land, 191.25 feet;
Thence leaving said easterly line the following ten (10) courses and distances:

1. North 38º49’06” East, 59.08 feet;

2. North 66º11’34” East, 159.40 feet;

3. North 21º30’44” West, 79.69 feet;

4. South 53º51’48” West, 213.86 feet;

5. North 45º28’51” West, 159.40 feet;

6. North 69º17’56” West, 51.72 feet;

7. North 1º43’12” West, 164.32 feet;

8. North 12º35’25” West, 105.52 feet;

9. North 47º02’53” West, 76.11 feet;

10. South 44º26’39” West, 13.33 feet to a point of the westerly line of said Parcel, said point also being the True Point of Beginning.

Containing 33,899 ± Square Feet;
As shown on EXHIBIT “F-1” attached hereto and by this reference made a part hereof.

Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. ______________________
D a t e J i m m y R . V i g i l , L S 6 2 5 6
10-21-2022

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Temporary Construction Easement.txt[7/26/2021 6:06:16 PM] Segment #1 : Line
Course: N28°42'05"W Length: 68.40'
North: 2033774.7005' East: 6035681.5450'
Segment #2 : Line
Course: N11°29'25"W Length: 264.22'
North: 2034033.6251' East: 6035628.9119'
Segment #3 : Line
Course: N17°21'33"W Length: 100.00'
North: 2034129.0704' East: 6035599.0759'
Segment #4 : Line
Course: N10°16'33"W Length: 24.98'
North: 2034153.6498' East: 6035594.6197'
Segment #5 : Line
Course: N44°26'39"E Length: 13.33'
North: 2034163.1665' East: 6035603.9536'
Segment #6 : Line
Course: S47°02'53"E Length: 76.11'
North: 2034111.3063' East: 6035659.6604'
Segment #7 : Line
Course: S10°09'33"E Length: 54.13'
North: 2034058.0250' East: 6035669.2081'
Segment #8 : Line
Course: S12°35'25"E Length: 105.52'
North: 2033955.0423' East: 6035692.2091'
Segment #9 : Line
Course: S1°43'12"E Length: 164.32'
North: 2033790.7964' East: 6035697.1412'
Segment #10 : Line

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Temporary Construction Easement.txt[7/26/2021 6:06:16 PM] Course: S69°17'56"E Length: 51.72'
North: 2033772.5137' East: 6035745.5220'
Segment #11 : Line
Course: S45°28'51"E Length: 159.40'
North: 2033660.7508' East: 6035859.1767'
Segment #12 : Line
Course: N53°51'48"E Length: 213.86'
North: 2033786.8668' East: 6036031.8927'
Segment #13 : Line
Course: S21°30'44"E Length: 79.69'
North: 2033712.7281' East: 6036061.1150'
Segment #14 : Line
Course: S66°11'34"W Length: 159.40'
North: 2033648.3846' East: 6035915.2786'
Segment #15 : Line
Course: S38°49'06"W Length: 59.08'
North: 2033602.3532' East: 6035878.2441'
Segment #16 : Line
Course: N41°40'33"W Length: 191.25'
North: 2033745.2014' East: 6035751.0790'
Segment #17 : Line
Course: S50°16'27"W Length: 47.70'
North: 2033714.7156' East: 6035714.3924'
Perimeter: 1833.12' Area: 33898.97 Sq. Ft.

Error Closure: 0.0112 Course: N6°40'01"W
Error North: 0.01111 East: -0.00130
Precision 1: 163670.54

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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of San Mateo
330 W. 20th Avenue
San Mateo, California 94403
Recording Fee: Exempt pursuant to California
Government Code Section 273 83
2019-062149 CONF
4:53 pm 08/06/19 ES Fee: NO FEE
Count of pages 29
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-County Clerk-Recorder
I IIIII I I IIIIII Ill lllll lllll lllll lllll lllll lllll lllll lllll 111111111111111111 * $ R O O O 2 7 3 6 1 7 0 $ * [Space Above For Recorder's Use Only]

GRANT OF PERPETUAL EASEMENTS FOR

LEVEE IMPROVEMENTS AND PUMP STATION FACILITIES

THIS GRANT OF PERPETUAL EASEMENTS FOR LEVEE IMPROVEMENTS AND PUMP STATION FACILITIES (the "Easement Deed") is made as of this &t,day of :rc.ch,J 2019 by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California ("Grantor") and the CITY OF SAN MATEO, a municipal corporation ("vrantee").

RECITALS
A. Grantor is the owner of that certain real property located in the City of San Mateo and City of Burlingame, County of San Mateo, State of California, commonly known as the Coyote Point Recreation Area, and more particularly described on Exhibits A though D attached hereto and incorporated herein in its entirety by this reference (the "Grantor's Land").

B. Pursuant to that certain Agreement Between the City of San Mateo and County of San Mateo for the Conveyance and Acquisition of Permanent Easements and Temporary Construction Easements for City of San Mateo "North Shoreview Flood Improvements Project" dated as of ::lo..&hi a f> , 2019, (the "Agreement"), Grantee is acqumng:

1. Coyote Point Pump Station Easement, as described in Exhibit A hereto.

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2. Coyote Point Levee Improvements Easement (San Mateo), as described in Exhibit B hereto.

3. Coyote Point Levee Improvements Easement (Burlingame), as described in Exhibit C hereto.

4. Poplar A venue Pump Station Outfall Easement, as described in Exhibit D thereto.

AGREEMENT
NOW THEREFORE, incorporating artd in consideration of the foregoing recitals, in order to co1I1ply with the ,Agreement and for other good and valuable ponsiden:ttion; the receipt and sufficiency of which is hereby acknowledged, the parties fo~reto hereby agree as follows.

1. Grant of Easement Grantor hereby grants to Grantee the Easements described in Recital Paragraphs B.l through B. 4; .inclusive, for the purposes of constructing, operating and maintaining a storm water pump station, levee, drainage channel, trash capture oevi9e, qutfall pipes, an4 trail pathways ( collectively ''Easements"). Tbie Easement and other rights gran,ted herein shall be deemed to include such incidentctl rights as are teasonabl y neqessary to use the Easement for the purposes provided herein. The physical areas d~scribed in Exhibits A through D shall be referred to collectively as "Easement Areas." Grantor's grant of the easement herein is made in the sole capacity as a landowner and not in any other capacity, including as a regulatory or hm,d-~se authoiity. ·
2; No Granter Liability for Improvements~ Any and all unprovements constructed by Grantee pursuant to the authority grant~d by this Easement Deecl, and the location, design, operation, maintenance, inspection, and repair thereof, ate entirely tlie responsibility of Grantee. Grantee accepts the Easement Areas ili thefr "AS IS" condition Without any repte$entation or watranty of any kind fro:tn Granto:r. Grantor agrees and acknowle.dges that it is solely responsible for any a:nd all curr~nt and future site investigation, conditi.on assessment, inspection, or any other determination ofthe condition of the Easement Areas, any improvements in, on, or across the Ease1nents, or any other condition of the Easement Areas that may affect improvements constructed by Grantee. Neither Granter nor its successors and ass~gns shall be liable in a11y way for costs, expenses, losses, damages or otherwise, arising oµt of ot in any way connected with the design, operation, construction, 1UaiJ:1tenance, or repair of the iwprovements constructed by Grantee on, over or across the Easements. Grantor shall defend, save hannless and indemnify Grantor, its officers, employees, and agents from any and all claims for injuries or damage to persons and/at property, or arty other loss or cost, by reason of Grantee constructing any improvement on, over, or across tl:le Easeme11ts or a,rising out of the operation, inspection, construction, maintenance, repair, performance, suitability, or design of any improvements constructed by Grantee on, over, or across the Easements~ including, but not limited to, claims arising out of an alleged failure of any levee or pump station. Notwithstanding the foregoing, Grantor shall repair any damage to any improvements constructed by Grantee on, over, or across the Easements caused by the negligence or willful misconduct of Grantor, its agents and employees. The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

3. Use of Easement Areas by Grantor. Grantor tn~.y use the Easement Areas in any manner that does not impede Grantee's use of the Easement area. The Easements are subject to all rights, encumbrances and other matters of record prior to the date this Easement is

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recorded.

4. Maintenance. Grantee shall inspect, operate, maintain, and repair the Easements and any and all improvements and pedestrian or cyclist trails, including specifically any portion of the Bay Trail, 011, over, or across the Easements. Grantee shall maintain the Easement Areas, together with any improvements constructed or installed by Grantee or associated with Grantee's use of Easement Areas, in a safe and sanitary condition consistent with the uses authorized hereunder. The operation and maintenance of any such improvements and of the Easement Areas shali be at Grantee's sole cost and expense. Grantee shall prov1de Grantor with no less than ten (10) business days' notice Qf ~ny niaintenance or repair work to be perfortn~d on the Easement Areas. Grantee shall perform all work for the activities described in this Deed in a done in a good and workmanlike mariner and in accordance with all applicable legal, governmental, and i11ciustty standards. The levee easements shall be maintained so as to provide unimpeded pe<:lestriart an<,i cyclist a.9cess at ::ill tunes, uhless a detour has been approved by Grantor in writing to accommodate maintenanc~, repair or con$tructio.p,. The levees sh.all he vegetation-free to allow for visual inspection of the levee enbankments. Vegetation other than shallow rooted grasses shall not be pennitted on levee crowns, slopes. The structural features of the levees shali be inspected by Grantee for deterioration or damage, including the presence of any s1ope erosion, washouts, slu111ping, slides or ~loµghing, and a,ny conditions 119ted shall he included in the performance of maintenance and repair actions at the earljest appropriate opportunity. Grantee shall fill pothole~ or ruts with compacted aggregate. Grantee shall lJe responsibl~ for all local drainage inspections and maintenance. Grantee shall be responsible for any and all stortnwater management for the Easement Areas or otherwise in connection with any and all :b:nprovements cm, over, or across the Easements. Any access by Grantee to perform maiI1tenance or other wor~ on improveme.nts shall require Grantor's prior written consent and if necessary, a plan to redirect/reroute Bay Trail traffic; Grantee shall not make or pennit any alterations, installations, additions or improvements, structural or otherwis.e without Grarttor' s prior written consent. Grantee shall secure any necessary licenses, permits and approvals required for the constnlction, reconstruction, repair, or maintenance of the improvements. Grantee n.mst comply with an applicable fed~ral, state, t;tnd local lftw in connection with any work iq, on, or across the Easements or otherwise authorized by this Deed.

Grantee shall deliver a set of :final as-built plans to drantor within 60 days of the completion of any construction or alteration project completed by Grantee within the Easement Areas.

5. Indemnity. In addition to the indem11ity provided in Section 2, above, Grantee shall indemnify, defe11d, reimburse, and hold harmless Grantor, its officers, agents, employees, and contractors, and each of them? from and against any and all demands? claims, legal or aclministrative proceeclings, losses, costs, penalties, fines, liens, judgments, dawages, and liabilities of any kind (''Claims''), arising in any manner out of (a) any injury to or death of any person or damage to or destmction of any property occurring in, on, or about any part of the Easement Areas whether such injury; death, damage, or destruction is caused by the person or property of Grantee, its offic~rs, directors., members, employees, agents, consultants, contractors, or subcontractors (collectively, ".Agents';), its invitees, guests, or business visitors ( collectively, "Invitees"), or third persons, relating to any use or act required or pennitted by this Deed, (b) any failure by Grantee to faithfully observe or perform any of the terms, covenants, or conditions of this Deed, ( c) the use of the Easement Areas or any activities conducted in, on, or about Grantor's Land by Grantee, its Agents, or Invitees, or ( d) any release or discharge, or threatened release ,er discharge, of any hazardous material caused 9r allowed by Grantee, its Agents, or Invitee$, on, in, under, or about the Easement Areas, Grantor's Land, any improvements, or into the environment; except solely to the extent of Claims resulting directly from the negligence or willful misconduct of Grantor, its Agents or Invitees, in which case Grantor shall indemnify Grantee, its officers,

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employees, and agents for such Claims. In addition to Grantee's obligation to indemnify Grantor, Grantee specifically acknowledges and agrees that it has an immediate and independent obligation to defend Grantor from any cla.im that actually or potentially falls Within this indemnity provision even if such allegation is or may be groundless, fraudulent, or false, which oqligation arises at the time such claim is tendered to Grantee by Grantor and continues at all times thereafter. The foregoing indemnity shall include, without limitation, reasonable attorneys', experts', and consultants' fees and costs, investigation and remediation costs, and all other reasonable costs and · expenses incurred by the indemnified parties. Grantee's obligations under this paragraph shall survive the expiration or other termination of this Deed. Nothing in this ·Sectio:n 5 shall oe understood to limit, condition, affect, or otherwise revise in any way the indemnity provided in Section 2, above.

6. Insurance. Grantee shall obtain at its sole expense, and furnish evidence to Grantor prior to commencing any work authorized here1l.11der, ·f.t co1Ubined general liability and property damage insurance· policy in the amount of at least Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) aggregate, to be kept in full force in perpetuity co.nsi$tent with the tights granted her¢urtde;r. Said insurance amounts are · minhnmn require1?1ents only, and if Grantee ha.s other insttrance c.ovett:tg¥ against a loss arising from Grantee's activities or work authorized hereunder, said policies must also comply with the provisions of this Section 10.

Grantee shall have, th,e right to self-insure with respect to any of the insurance requirements required under this Easement Deed, to the extent pemiitted by applicable lEtW, In the event that Grantee elects to self-insure with respect to any of the insurance requirements requfred under this Grant Deed, before commencing any work hereunder, and upon Written request by Grantor, within thirty (30) days of the colllfu..enceinent of each year thereafter,. Licensee shall stibm:h to Grant or a certificate of selhn$urance signed by a duly authorized representative of Grantee, such certificate evidenci11g that Grantee's self-insurance program is adequately ftulcled, in fµll fo:rce and effect and in compliance with and subject to all the terms, agreements, ·covenants, conditions and provis:ions ofthis Easement Deed. Ifdrantee elects to self-insure, Grantee shall give Grantofpfompt Wri,t:ten notice of arty significant change in or the depletion of its Selfminsurance fund.

Notwithstandirlg the foregoing; Grantor is also responsible for causing ap.y confyacto:rs, subcontractors and/or agents to maintain commercially reasonable insurance coverages and coverage limits as required under. this Easement Deed h1 amounts no less than as described in Grantee's "Insurance Requirements f'or Construction Contracts" dated 9/i 7.

Grantee shall furnish Grantor with certificates of insurance evidenqing the required coverage. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to Grantot of any pending change in the limits of liability or of any cancellation or modificatioii of the policy.

Grantor, its officers, agents and employees shall be named as additional insured on the liability insurance policies described hereinabove, which shall also contain a provision that the insurance afforded thereby to Grantor shall be the primary insurance to the full limits of liability of the policy. If Grantor has other insurance coverage against a loss covered by the coverage that Grantee and/or its contractor is required to have, such other insurance coverage of Granter shall be excess insurance only.:.

7. Hazardous Materials. Grantee covenants and agrees that neither Grantee, nor any of its employees, agents, or contractors, shall cause or permit any hazardous material to be brought upon, kept, stored, staged, generated or disposed of in, on or about the

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Easement Areas or Grantor's Land. Grantee shall give immediate written notice to Grantor of: (a) any action, proceeding or inquiry by any governmental authority (including, without limitation, the California State Department of Health Services, the State or any Regional Water Quality Control B9~:rd, San Mateo County Enviromnental Health, the Bay Area Air Quality Management district, California Coastal Commission, or any local governmental entity) against Grantee with respect to the presence or release ot suspected presence or release of hazardous material· on or about the Easement Areas or Grantor's Land, or the migration thereof from or to other adjacent County property; (b) all demands or claims made or threatened by arty third party against Grantee relating fr> any loss or injury resulting from any haz~dous materials o~ or about the E~sement Area.s or Grantor's Land; ( c) any release ofhazardous material on or about the Ease111ent Areas or Grantor's Land due to the rights granted herein that may require anyinvestigation or remediation; and (d) all matters ofwhich Grantee is required to give notice pursuant to, Section 25359.7 ofthe California Health and Saf~ty Code. Nothing in the. fore going p(lfagraph shall preclude 0:rantee :&.0111. using materials necess.ary to exercise Grantee's rights to the Easement Areas gra.nted herein so long as any such hazardous materials are used, stored, and disposed of in strict accordance with any and all applicable la.w.

Grantee shall be respop.sib.le for c1ll costs and efforts associated with investigating and remediating any environmental contamination whatsoever caused by Grantee on or about the Easements.

8. Taxes, Fees, and Liens. Grantee alone shall pay any ahd all taxes, charges or use fee(s) levied by any governmental agency against Grantee's interest in the Basement Areas or against any of Grantor's Land as a result of the easements herein granted. Grante~ shall not cause llens of any kind to be placed against the Easement Areas or any of Grantor's Land.

9. Notice. Any notice given und~r this Easement shall be effective only ifin writing and given by delivering the notice in person or by s~nding it first-class m.ail or certified mail with a return receipt requested or by overnight courier, return receipt requeste_d, with postage prepaid, to the addresses set forth below or to such other ad.dress as either party may designate as its new address for such purpose. Arty notice hereunder shall be deemed to have been given two (2) qays after the date when it is 111a~led if sent by first class or certified mail, one day after the date it is made if sent by overnight courier, or upon the date personal delivery is made.

To Gtantor:

Director of Parks
County of San Mateo
Department of Parks
455 County Center, 4th Floor
Redwood City, CA 94063
To Grantee:

Deputy Director of Public Works
City 9f San Mateo
330 W. 20th Avenue
San Mateo, Ca 94403

10. Remedies. In the event of a violation of any of the terms of this Agreement, Grantor may seek specific performance of this Agreement or any other remedy

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permitted at law or in equity against Grantee.

11. Runs with the Land. The easements, rights of way, covenants and restrictions provided herein shall be construed as covenants and not as conditions, and all such covenants shall run with, and be enforceable against, both Grantor and the Grantor's Land.

12. Severability. If any provision of this Deed is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Deed shall nonetheless remain in full force and effect, provided that the invalidity or unenforceability of such provision does not materially adversely affect the benefits accruing to any party hereunder.

13. Entire Agreement. This Deed, including the exhibits attached hereto as well as the Agreement, contains the entire agreement between the parties hereto pertaining to the subject matter hereof and fully supersedes all prior written or oral agreements and understandings between the parties hereto pertaining to such subject matter. Furthermore, this Deed cannot be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge it in whole or in part unless such executory agreement is in writing and is signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.

14. Successors. The terms and conditions of this instrument shall run with and bind Grantor's Land and shall inure to the benefit of and shall be binding upon Grantor and Grantee and their respective successors and assigns.

15. Modification. This. instrument may only be modified by a written instrument that is recorded in the Official Records of San Mateo County, California.

IN WI1NESS WHEREOF, the parties hereto have executed this Easement Deed as of the day and year set forth above.

GRANTOR:

COUNTY OF SAN MATEO
By: ___ ~~n~o\_t...c....-..,.,,,$,__n_~_"--___ _
ATTEST:
-···f:1 -.../; ,~--: ,· ... . / ./ .·/ Ii . ! ' C, - .· // · .. , . /_ ,?-. /t ( / /\ ') /j 1{1\h( ~'.\ / ?( /0'~---- - -·
GRANTEE:

CITY OF SAN MATEO
a municipal corporation
By: 1)f,..Ri/J &
Drew Corbett
City Manager
D uty County Counsel
J v '>lttJ vJ. fv1A7e~
Date:

97 of 204

·-·· ATTEST: APPROVED AS TO FORM:
aio Arellano
ssistant City Attorney

98 of 204

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California O".J ±
County of(;;{). V\ Q ~
)
)
On -::Su.lo ZJ-i I i,o \4
Date
before me, 36 ~ 6'.o ! e5iG.n 1 t1 ofr;iC!,1 ff.th I iG ~e Insert Name and Title dfJthe Officer
personally appeared ___ C_£i""""~0 ___ b=-J.._e...,=--.....,.A_,_.._I/\ ...... V\_,,__,,~_..._a:n>'--""'--=-'-b _____________ _ Name(s} of Signerf}
who proved to me on the basis of satisfactory evidence to be th.e ~o~) whose name~®-ie subscribed to the within instrument and acknowle~~ to me that ~~~t~y executed the same'j,< ~@t~ir authorized capacit~), and that by J;ns~tJ,(eir signature~ on tfie instrument the perso~), or tlie entity upon behalf of which the perso~ acted, executed the instrument.

Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

Signa

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

Description of Attached Document
Title or Type of Document: Document Date: _______ _
Number of Pages: Signer(s) Other Than Named Above: ------------- Capacity(ies) Claimed by Signer(s)
Signer's Name:------------ Signer's Name: ____________ _ 0 Corporate Officer - Title(s): ______ _ D Corporate Officer - Title(s): ______ _ D Partner - D Limited D General D Partner -:-- D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:------------- D Other:-------------
Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

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CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 · A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate ls attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of 5CAK'\ ~,eo }
On --~-"-·k.:\_..____,ce ____ \._2_0_\"l _____ before me, ~ie i:S~ 1:>~wi.s .s.kr'~, N~ ~,,~ Date Here lnsen Name and Title of the Officer '
personally appeared _____________ l>_Ye_. tU __ eo_...,..r_be_· _1' _____________ _ Name(s} of Signer(Bj
who proved to me on th~ basis of satisfactory evidence to be the person(B) whose name($) ls/afe subscribed to the within instrument and acknowledged to me that he/~/~y executed the same in his/b,et/tl:ireir authorized capacity(j,e5), and that by his/h.er/~ir signatur~) on the instrument the person.(.i'), or the entity upon behalf of which the person(*acted, executed the instrument.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signatur~ • ""4. "'b,:,,...: ~ Sign r; of Notary Public.

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

Description of Attached Document
Title or Type of Document:--------------------------
DocumentDate: ____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above:----------------------­ Capacity(ies) Claimed by Signer(s)
Signer's Name: ------------
0 Corporate Officer - Title(s): ------­
o Partner-'- ,o Limited o General
D Individual o Attorney in Fact
o Trustee o Guardian of Conservator
D Other:

Signer is Representing:---------
©2017 National Notary Association
Signer's Name: -----------­
D Corporate Officer - Title(s): -------
0 Partner - o Limited o General
D Individual o Attorney in Fact
o Trustee o Guardian of Conservator
o Other:

Signer is Representing:---------

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OFFICE OF THE CITY COUNCIL 330 West 20th Avenue
San Mateo, California 94403-1338
Telephone (650) 522-7048
FAX: (650) 522-7041
www.cityofsanmateo.org

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the property interest conveyed by Quitclaim of Easement Deed, from Grantor THE CITY OF SAN MATEO, a municipal corporation, to Grantee, the THE COUNTY OF SAN MA TEO, a political subdivision of the State of California, for permanent and temporary easements at Coyote Point, in the County of San Mateo, California is hereby accepted by RESOLUTION NO. 31 (2019) on behalf of the City Council of the City of San Mateo at their Regular Meeting held on April 15, 2019 and the City of San Mateo consents to recordation thereof by its duly authorized officer.

Patrice M.

City Clerk
City of San Mateo
APN 029 321 060
Coyote Point Levee
Coyote Point Pump Station
Poplar A venue Pump Station Project

101 of 204

CJTY OF SA.N MATEO
RESOLUTION NO. 31 (2019)
APPROVING AN AGREEMENT.WITH THE COUNTY OF SAN MAT~O FOR PER.MANENT'AND iEMPORARY CONSTRUCTION EAS.EMENTS Wfi'H. COYOTE POINT AND IN CONN.ECTiON WiTH tHE.

NORTH SHOREWEW FlOOD IMPROVEMENT PROJ.ECT
w·HEREAS, the City is proposing to construct. the North Sho.re.view Flood Improvement project ("PrQject"); consisting of the Coyote Point Levee; covote Poh1t Pi.imp Station; and Poplar Avenue Pump Station project; ~nd
. WHEREAS, the project is ·intended to remove specified City neighborhoods from withi.n the· fedend Emergen~y Management Agency (F~MA} $p~dal ·flood. haz.~rd zone m.a.p, effe~tive April 5, 2019;an:d
WHE.RE.AS, 'temporaty and _permane.ot con.strt:1ct.ion. easements are required. fo.r the con.st.ructlo.n and long-term maintenance of the Project;. and
WHER.EA.S, t.he CQ~oty of S~o Mc;1te.o possesses p,roperty rights for required parcel.s.;-a.nd WHEREAS, the County of San Mateo agrees to grant temporaty and per·manentease.ments at no fee to·the Cjty Qf San Mateo; and
WHEREAS, the existing County Point Pump Station eas.ement, reference in City of San Mateo ResolutJon No. 1-35 (1-970) and Co1mty of San Mateo Resolution No. 2.8243! will be vac:ated upon ·approval of new easement.

NO'!J,'THER.E.FORE, Tl1E CITY COUNCI~ OFTHE CJ.TY O.F S.AN MATEO, CAUfORNlA, HER~8V FINDS and RESOLVES that:

1.. The Agreement betw.ee.nlhe County c;,fSan M~teo a.nd c;_ty of San Mat~o ls hereby approved ..

2. The City Clerk ·is authorized and ditected to tecord this Resolution with the deeds in the Office of the Re·corder·to the County· of San Mateo
RESOLUTION NO .. 31 (2019) adopted by the City Council of the City of San Mateo, California, at a regular meeting held on April 15, 2019, by the fol.lowing vote of the City C.01..-ncif::

AYES:

NOES:· -:~

102 of 204

EXIDBIT ''A"

LEGAL DESCRIPTION
COYOTE POINT PUMP STATION EAEl\ilENT
July 8" 2019
Job No. Al4111-6

An Easement for Pump Station Improvements situated in the City of San Mateo, County of San Mateo, State of California, being a portion of the land described in that certain Director's Deed recorded on March 3, I 950 in Book 1852 of Official Records at Page 599, San ·Mateo County Records, being more particularly described as follows:

Commencing at the northerly tenninus ofthat certain course described as "North 41°04'00" West, 597.18 feet'' in said Director's Deed;
(For the purposes of this description being South 39°48'33" East) Thence along the northeasterly line of said Director's Deed, South 39°48'33" East, 51.10 feet to the True Point of Beginning;
Thence leaving said northeasterly line the following three (3) distances and courses:

1. South 32°37'29'' West, 16.99 feet;

2. South 4°27'07'' West, 198.46 feet;

3. South 15°44'29" Bas~ 8.67 feet to a point on the northerly right of way line of Airport Boulevard (66.00 feet wide), said point also being on a non-tangent curve to the right, having a radius of 2113 .00 feet and to which point a radial line bears North 14°15' 42" East;
Thence along said curve to the right, through a central angle of 5°03' 16" for an arc distance of t86.4o feet;
Thence leaving said right of way line the following fifteen (15) distances and courses:

1. North 23°52 '23" East, 20.24 feet to the beginning of a tangent curve to the Jeft;

2. Along said tangent curve to the left having a radius of 215 .00 feet, through a central angle 15°40' 17" for an arc distance of 58.81 feet;

3. North 8°12'06" East, 92.55 feet to the beginning of a tangent curve to the left;

4. Along said tangent curve to the left having a radius of 112.50 feet, through a central angle 20°12'02" for an arc distance of 39.66 feet;

5. North 11°59'50" West, 87.18 feet;

6. South 80°34'01 '' West, 48.44 feet;

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7. North 12°00'00" West, 23.00 feet;

8. South 78°00'00" West, 21.42 feet;

9. North 12°00'00" West, 46.71 feet;

10. South 78°00'00" West, 39.17 feet;

11. South 12°00'00" East, 16.00 feet;
12~ South 78°00'00" West, 2.83 feet;

13. South 12°00'00" East, 34.01 feet;

14. South 78°00'20" West, 60.18 feet;

15. South 32°37'29" West, 2.91 feet to the True Point of Beginning.

Containing 1.255 ± Acres, more or less.

July 8, 2019
Job No. A14111-6

As shown on EXHIBIT "A-1 '' and "A-2" attached hereto and by this reference made a part hereof.

Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. 7- 8- l~
Date

104 of 204

--
~-

KIER & WRIGHT
_w- CIVf L ENGINEERS & SURVEYORS, INC.

I 3350 Scott Boulevard, Building 22 Phone (408) 727-6665 V Santa Clara, California 9SOS4 Fax (408) 727-5641
www.klerwrlght.com
EXHIBIT "A-1"

PLAT TO ACCOMPANY LEGAL DESCRIPTION

PUMP STATION EASEMENT

SAN MATEO CALIFORNIA
C: \Users\jfang\appdata\locaJ\temp \AcPublish_18684\A14111-6-PD-TCE (PUMP STATION).dwg 7-08-19 12: 26: 00 PM jfang DATE JULY, 2019
SCALE 1" = 60·
BY JF
JOB NO. A14111-6
SHEET 3 OF4

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ABBREVIATIONS
(R)
I.E.E.

O.E.E.

O.R.

S.D.E.

W.LE.

RADIAL

INGRESS/EGRESS EASEMENT
OVERHEAD ELEClRJCAL EASEMENT

OFFICIAL RECORD
STORM DRAtN EASEMENT
WAlER LINE EASEMENT

LINE TABLE

LINE BEARING
L1 S 39•45•33" E
L2 S 32·37'29• W
L3 S 15•44'29" E
L4 N 23"52'23" E
L5 N si2'06" E
L6 N 11"59'50" W
L7 S 50·34•01" W
L8 N 12"00'00· w
L9. s 7a'Oo·oo· w
L10 N 121>0'00" W
l11 s 1s·oo'oo" w
L12 S 12110'00= E
L13 s 78'0o'oo· w
L14 S 12"00'00" E
L15 s 1a·oo·20° w
L16 S 32·3t29• W

DISTANCE

51.10t

16.99'

8.67'

20.24'

92.55'

87.18'

48.44'

23.00'

21.42'

46.71'

39.17 1

16.00'

2.83'

34.01'

60.18'

2.91'

KIER & WRIGHT
LEGEND

PROPOSED EASEMENT

ADJACENT PROPERTY LINE

NON-ACCESS

EXISTING EASEMENT

RECORD INFORMATION W/ REFERENCE
---------------
1 I I I_LI I I I
( )

CURVE TABLE

CURVE RADIUS DELTA LENGTH
C1 215.00' 15·40'11
11 58.81'
C2 112.50' 2012'02· 39.66'
EXHIBIT "A-2" DATE JULY, 2019
SCALE l" = 60'
PLAT TO ACCOMPANY LEGAL DESCRIPTION __ w CIVIL ENGINEERS & SURVEYORS, INC. BY JF t 3350 Scott Boulevard, Building 22 Phone (408} 727-6665 PUMP STATION EASEMENT JOB NO. A14111-6 Santa Clara. Californra 95054 Fax (408) 727-564 T www.kierwrlght.com SAN MATEO CALIFORNIA SHEET" 40F4
C: \Users\jfong\appdata\local\temp\AcPublish_18684\A14!11-6-PD-TCE (PUMP STATION).dwg 7-08-19 12: 26: 05 PM jfcng

106 of 204

EXIDBIT "B"

LEGAL DESCRIPTION
July 8, 2019
Job No. Al4111-3

COYOTE POINT LEVEE IMPROVEMENTS EASEMENT (S~'i MATEO)
PARCELi
An Easement for Levee Improvements situated in the City of San Mateo~ County of San Mateo, State of California, being a portion of the land described in that certain Director's Deed recorded on March 3, 1950 in Book 1852 of Official Records at Page 599, San Mateo County Records and also a portion of the land described in that certain Grant Deed recorded March 1, 1942 in Book 1010 of Official Records at Page 4779 San Mateo County Records, being more particularly described as follows:

Commencing at the northerly terminus of that certain course described as ''North 41 °04'00" West, 597.18 feet''; in said Director's Deed;
(For the purposes of this description being South 39°48'33" East) Thence along the northeasterly line of said Director's Deed~ South 39°48'33" East, 7.46 feet to the True Point of Beginning;
Thence leaving said northeasterly line along the exterior the following nine (9) courses and distances;

1. South 64°07'40" West, 9.73 feet;

2. South 73°47'33" West, 34.23 feet;

3. South 69°32'02" West, 103.87 feet;

4. South 80°05'24" West, 48.54 feet;

5. North 79°54'55" West, 23.77 feet;

6. South 85°47'23" West, 66.80 feet;

7. South 78°52t53" West, 140.53 feet;

8. South 85°43'52'' West, 21.54 feet;

9. North 37°53'51" West, 11.50 feet to a point on the City Limit Line between the City of Burlingame and the City of San Mateo;
Thence along said City Limit Line South 80°10'40" West, 29.85 feet and South 66°33'13" West,

8.30 feet;
The~ce leaving said City Limit Line and continuing along the said exterior the following twelve (12) courses and distances:

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I. South 36°57'06" East, 5.96 feet;

2. South 8°30'39" West, 39.52 feet;

3. North 85°56'09" East, 71.41 feet;

4. North 81°19'54,' East, 47.85 feet;

5. South 78°30'00" East, 17.70 feet;

6. North 76°43'29" East, 109.26 feet;

7. North 86°09'32" East, 38.19 feet;

8. South 71°10,42" East, 15.99 feet;

9. North 81°03'40" East, 66.78 feet;

10. North 76°23' 11" East, 64.40 feet;

11. North 71 °04' 40', East, 81.68 feet;
July 8, 2019
Job No. Al4I l 1-3

12. North 32°37'29" East, 16.99 feet to a point on the northeasterly line of said Director's Deed;
Thence along said northeasterly line North 39°48'33" West, 43.63 feet to the True Point of Beginning.

Containing 0.524 ± Acres, more or less.

PAR.CEL2
An Easement for Levee Improvements situated in the City of San Mateo, County of San Mateo, State of California, being a portion of the land described in that certain Grant Deed recorded on March 1, 1942 in Book 1010 of Official Records at Page 477, San Mateo County Records, being more particularly described as follows:

Commencing at the northerly tenninus of that certain course described as "North 41 °04'00" West, 597.18 feet'' in that certain Director's Deed recorded on March 3, 1950 in Book 1010 of Official Records at Page 599, San Mateo County Records; (For the purposes of this description being South 39°48'33" East) Thence along said northeasterly line of said Director's Deed, South 39°48'33" East, 7.46 feet to the True Point of Beginning;

108 of 204

July 8, 2019
Job No. Al4111-3

Thence leaving said northeasterly line along the exterior the foIJowing thirty six (36) courses and distances;
I. North 64°07'40" East, 25.26 feet;

2. North 35°44'45'' East, 9.76 feet;

3. North 77°24' 12" East, 52.39 feet;

4. North 12°20'06" West, 5.41 feet;

5. North 78°27'34" East, 41.55 feet;

6. South 11 °32'26" East, 11.06 feet;

7. North 73°16'22" East, 113.44 feet;

8. North 65°26'33'' East, 43.05 feet;

9. North 71 °00' 12" East, 62.01 feet;

10. North 79°45'50" East, 126.71 feet;

11. North 72°59'01" East, 97.11 feet;

12. North 40°32'25" East, 4.97 feet;

13. North 73°55'56" East, 95.47 feet;

14. South 20°50'12" East, 33.96 feet;

15. South 72°37'16" West 148.16 feet;

16. South 2°47'32" West, 6.15 feet;

17. South 58°51 '08" East, 21.63 feet;

18. South 69°37' 17" East, 58.37 feet;

19. South 00°33'24'' East, 26.46 feet;

20. North 73°28'14" West, 83.61 feet;

21. North 88°31 '59" West, 99.01 feet;

22. South 79°05'29" West, 40.59 feet;

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23. South 71°53'25'' West, 95.46 feet;
July S, 2019
Job No. A14111-3

24. South 69°44'36" West, 121.95 feet to the beginning of a tangent curve to the left;

25. Along the arc ofa tangent curve to the left having a radius of7.00 feet, through a central angle of160°48'45" an arc distance of19.65 feet;

26. North 88°55'51" East, 9.20 feet to a point ofa cusp;

27. South 80°34'01" West, 17.52 feet;

28. North 12°00'00" West, 23.00 feet;

29. South 78°00'00'' West, 21.42 feet;

30. North 12°00'00" West, 46.71 feet;

31. South 78°00'00" West, 39.17 feet;

32. South 12°00'00" East, 16.00 feet;

33. South 78°00'0ff' West, 2.83 feet;

34. South 12°00'00" East, 34.01 feet;

35. South 78°00'20" West, 60.18 feet;

36. South 32°3T29" West, 2.91 feet to a point on said northeasterly line of said Director's Deed;
Thence along said northeasterly line North 39°48'33'' West, 43.63 feet to the True Point of Beginning.

Containing 0.713 ± Acres, more or less.

As shown on Exhibits ''B-1" through "B-4" attached hereto and by this reference made a part hereof.

Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. 7- 8- iq
Date

110 of 204

NOTE
SEE SHEET 3 & 4 FOR LINE AND CURVE TABLES, LEGEND AND ABBREVIATIONS EXHIBIT HB-1" DATE JULY, 2019
rKIER & WRIGHT SCALE T" = 60
1 CIVIL ENGINEERS & SURVEYORS, INC. PlAT TO ACCOMPANY LEGAL DESCRIPTION BY JF 3350 Scott Boulevard, Building 22 Phone (408) 727-6665 LEVEE IMPROVEMENTS EASEMENT sa11ta Clara. California 95054 Fax (408) 727-5641 JOB NO. A14111-6 www.kietWright.com SAN MATEO CALIFORNIA SHEET 5 OF 8
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111 of 204

NOTE
SEE SHEET 3 & 4 FOR LINE AND CURVE TABLES, LEGEND AND ABBREVIATJONS ---

EXHIBIT
11 8-2
11 DATE JULY, 2019
·!sl1KIER & WRIGHT SCALE 1
11 = so•
CIVIL ENGINEERS & SURVEYORS, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION BY JF 3350 Scott Boulevard, Building 22 Phone (408) 727-6665 LEVEE IMPROVEMENTS EASEMENT A14111-6 Santa Clara, California 95054 Fax {408) 727-5641 JOB NO. www.klerwrfght.com SAN MATEO CALIFORNIA SHEET 60F8
C: \Users\jfong\appdato\local\temp\AcPublish_13420\A14111-6-PO..,.. TCE-SAN MATEO.dwg 7-08-19 12: 40: 30 PM jfong

112 of 204

t
l:_-
1 CURVE
C1

CURVE TABLE

RADIUS DELTA

7.00' 160.48
1 45
11 KIER & WRIGHT
LENGTH

19.65'
LINE
L1
L2
L3
. ···-. L4
L5
L6
L7
LB
L9
uo
L11
L12
L13
L14
L15

EXHIBIT
11 8-3
11 LINE TABLE

BEARING
S 39"48
1 33
11 E
S 64'07' 40" W
S 73'4t33" W
S 59·32'02'
1 W
S 80'05'24" W
N 79'54
1 55" W
S 85'4J123n W
s 78'52'53
11 w
s as·43'52" w
N 37'53'51" W
S 80'10'40" W
S 66'33'13" W
S 36.57'06" E
S 8°30
1 39
11 W
N 85'56
1 09" E
DATE
SCALE
C[VIL ENGINEERS & SURVEYORS, [NC. PLAT TO ACCOMPANY LEGAL DESCRIPTION BY 33SO Scott Boulevard, Building 22 Phone (408) 727-666S LEVEE IMPROVEMENTS EASEMENT Santa Clara, California 95054 Fax (408) 727-5641 JOB NO. www.kletWlight.com SAN MATEO CALIFORNIA SHEET
C: \Users\jfang\appdata\local\temp\AcPublish_l3420\A14111-6-PD-TCE-SAN MATEO.dwg 7-08-19 12:40: 30 PM jfong

DISTANCE

7.46'

9.73'

34.23'
103.B?t

48.54'

23.77'

66.80'
140.53'

21.54'

11.50'

29.85'

8.30'

5.96 1

39.52'

71.4f
JULY,2019
1" = 60'
JF
A14111-6
70F 8

113 of 204

LINE TABLE LINE TABLE LINE TABLE

LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE L16 N 81"19'54" E 47.85' L31 S 11'32'26
11 E 11.06' L46 N 88"31 '59
11 W 99.01'
L17 S 78'30'00" E 17.70' L32 N 7316'22° E 113.44' L47 S 79'05'29" W 40.59' L18 N 75·43•29•• E 109.26' L33 N 65"26'33" E 43.05' L48 S 71"53'25" W 95.46 1 L19 N 86'09'32" E 38.19' L34 N 11 ·00·12" E 62.01
1 L49 S 69"44'36" W 121.95
1 L20 S 71'10'42" E 15.99
1 L35 N 79'45'50" E 126.71' LSO N aa·ss'5t E 9.20'
L21 N 81'03'40" E 66.78' L36 N 72'59'01" E 97.11' L51 S 80'34'01" W 17.52' L22 N 76'23'1f' E 64.40' L37 N 40'32'25" E 4.97' L52 N 12'00'00" W 23.00' L23 N 71 '04' 40., E 81.68' L38 N 7S55'56" E 95.47' L53 S 78'00 1 00
11 W 21.42'
L24 N 32"37'29
11 E 16.99' L39 S 20'50'12" E 33.96
1 L54 N 12'00'00" W 46.71'
L25 N 39"48'33
11 W 43.63' L40 S 72'37'16" W 148.16' L55 S 78'00'00" W 39.17' L26 N 64'07'40" E 25.26' L41 S 2'4t32" W 6.15' L56 S 12'00 1 00
11 E 16.00'
L27 N 35•44'45" E 9.76
1 L42 S 58"51
1 08
11 E 21.63' L57 s 1a·oo'oo" w 2.83'
L28 N 77'24'12" E 52.39' L43 S 69.37'17" E 58.37' L58 S 12'00 1 00~ E 34.01
1 L29 N 12"20
1 06" W 5.41' L44 S 0'33'24" E 26.46' L59 S 78'00'20" W 60.18 1 L30 N 78'27' 341) E 41.55' L45 N 73"28'14" W 83.61' L60 S 32'37'29 11 W 2.91'

LEGEND ABBREVIATIONS
ADJACENT PROPERTY LINE (R) RADIAL --- 1.E.E. INGRESS/EGRESS EASEMENT CllY LIMIT LINE - ·-·-· = O.E.E. OVERHEAD ELECTRICAL EASEMENT

NEW EASEMENT
_G!IJID ____
O.R. OFFICIAL RECORD
S.D.E. STORM DRAIN EASEMENT EXISTING EASEMENT - T.C.E. lEMPORARY CONS1RUCTION EASEMENT W.L.E. WATER LINE EASEMENT

EXHIBIT
11 8-4
11 DATE JULY, 2019
. KIER & WRIGHT SCALE NONE
.'n CIVIL ENGINEERS & SURVEYORS, INC. PLAT TO ACCOMPANY LEGAL DESCRlPTION BY JF t
3350 Scott Boulevard, Building 22 Phone (408) 727-6665 LEVEE IMPROVEMENTS EASEMENT Santa Clara, California 95054 Fax (408) 727-5641 JOB NO. A14111-6 www.klcrwrlght.com SAN MATEO CALIFORNIA SHEET 80F8
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EXHIBIT "C"

LEGAL DESCRIPTION
July 8, 2019
Job No. A14I I 1-6

COYOTE POINT LEVEE IMPROVE1\1ENTS EASEl\fENT (BURLINGAME) An Easement for Levee Improvements situated in the City of Burlingame,. County of San Mateo, State of California, and being a portion of the land described in that certain Grant Deed recorded on March 1, 1942 in Book 1010 of Official Records at Page 4 77, San Mateo County Records, being more particularly described as follows:

Commencing at a common point on the northerly line of Burlingame A venue and the easterly line of Airport Boulevard, as shown on that certain Map ''Anza Airport Park Unit No. l" filed for record onDecember 8, 1964 in Book 61 of Maps at Pages 20 & 21, San Mateo County Records; Thence North O IO 12 '22" East, I 06.53 feet along said easterly line of Airport Boulevard as shown on said Map and also shown on that certain Record of Survey filed for record on July 28, 1977 in Book 8 ofL.L.S. Maps at Pages 89-95, San Mateo County Records, to the True Point of Beginning.

Thence along continuing said easterly line North O 1 ° 12 '22" East, 81.51 feet; Thence leaving said easterly line and continuing along the exterior lines the following four ( 4) courses and distances:

1. South 48°49' 19" East, 6.06 feet;

2. South 44°33'21'' West, 21.99 feet;

3. South 12°19'42" East, 91.74 feet;

4. South 37°53'51" East, 75.50 feet to a point on the City Limit Line between the City of Burlingame and the City of San Mateo;
Thence along said City Limit Line South 80°10'40', West, 29.85 feet and South 66°33' 13" West,

8.30 feet;
Thence leaving said City Limit Line along the following two (2) courses and distances:

1. North 36°57'06" West, 57.54 feet to the beginning of a tangent curve to the right;

2. Along the arc of said tangent curve to the right, having a radius of 80.00 feet through a central angle of 38°09'28" for an arc distance of 53 .28 feet to the True Point of Beginning. ·

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Containing 5,602±Sq.Ft., more or less.

July 8, 2019
Job No. A1411l-6
Page2 of4
As shown on Exhibit "C-1" and "C-2" attached hereto and by this reference made a part hereof.

Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. 7- 8- I~
Date

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APN: 029-321-020

LANDS OF THE COUNTY OF SAN MATEO
--- _..-,- ... -
TRUE POINT \ ~-----\-----~:!
! Of BEGINNING \ \ ~ APN: 029-321-030
I . ..i,:. LANDS OF .- - -
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\ \ -~ .- -- _.. ~ .... - APN: 029-321-060
\ .. -·· - _. '\ ~" LANDS OF COUNTY OF SAN MATEO
\-. - ..-/ .... -- / DIRECTOR'S DEED
\ / / (1852 O.R. 599)
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EXHIBIT "C-1"
DATE JULY,2019
KIER & WRIGHT SCALE 1 • = 30'
CfVIL ENGINEERS & SURVEYORS1 INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION BY JF 3350 Scott Boulevard, Building 22 Phone(408)727-6665 LEVEE IMPROVEMENT EASEMENT Santa Clara, Californla 95054 Fax (408) 727-5641 JOB NO. A14111-6 www.kferwrlghr.com BURLINGAME CALIFORNIA SHEET 3 OF4
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LINE TABLE CURVE TABLE
LINE BEARING DfSTANCE CURVE RADIUS DELTA LENGTH
L1 S 45•49•19" E 6.06' C1 B0.00' 38"09'28" 53.28'
L2 S 44·33'21• E 21.99'
L3 s ao,0•40• w 29.85'
L4 S 55•33•13" W 8.30'

LEGEND ABBREVIATIONS
NEW EASEMENT ------ O.R. OFFlCIAL RECORD

ADJACENT PROPERTY LINE

CITY LIMIT LINE

EXISTING EASEMENT

CENTER LINE

KIER & WRIGHT
------

EXHIBIT
11 C-2"
·. w CIVIL ENGINEERS & SURVEYORS1 INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION 33SO Scott Boulevard, Building 22 Phone (408} 727-6665 LEVEE IMPROVEMENT EASEMENT ~ Santa Clara, CaJJfomia 95054 Fax (408) 727-5641
www.klerwright.com BURLINGAME CALIFORNIA
C: \Users\jfang\appdota\Jocol\temp \AcPublish_8228\A14111-6-PD-TCE-8URUNGAME.dwg 7-08-19 01: 01: 46 PM jfang DATE JULY,2019
SCALE I"= 30'
BY JF
JOB NO. Al4111-6
SHEET 40F4

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EXHIBIT "D"

LEGAL DESCRIPTION
July 8,2019
Job No. A14111-6

POPLAR A VENUE PUMP STATION OUTFALL EASEMENT
All that certain real property situated in the City of San Mateo, County of San Mateo, State of California, being a portion of the land described in that certain Grant Deed recorded on September 22, 1944 in Book 1142 of Official Records at Page 110, San Mateo County Records, being more particularly described as follows:

Commencing at the southeasterly tenninus of that certain course described as "South 42°56' 40'' East, 179.60 feet" in said Grant Deed; ·
(For the purposes of this description being South 41 °41 '03'' East) Thence alongthe southwesterly line of said Grant Deed, North41°41'03" We~ 15.93 feet to the True Point of Beginning;
Thence continuing along said line, North 41°41 '03':, West, 49.10 feet; Thence leaving said southwesterly line and continuing the following three (3) courses and distances;

1. North 50°24' 18" East, 39.75 feet;

2. South 39°46'17'' East, 49.00 feet;

3. South 50°18'29'' West, 38.11 feet to the True Point of Beginning.

Containing 1,909 ± Square Feet
As shown on EXHIBIT "D-1" attached hereto and by this reference made a part hereof.

Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc.

Date
~'/\. u~
Jimmy.Vigil, LS 6256

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-r-
1 COUNTY OF SAN MATEO
(1142 O.R. 110)
AP.N. 033-090·010
-----~r
L _ _ - _, . ·- _L.

CITY OF SAN MATEO
(1283 O.R. 90)
(1279 O.R. 311, P-2}
A.P.N. 033-090-100
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1 E => 1, 9 ± Sq.Ft. - - =.- ,;:> I
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SAN MATEO
·- s 41°41'03n E 171.99'
(S 42°56'40" E) (179.601

UNETABLE

POINT OF COMMENCEMENT

TRUE POINT OF BEGINNING
UNE BEARING DISTANCE {1279 O.R. 311, PARCEL 1)
A.P.N. 033-090-100
L
L1 N 41°41'03" W
LEGEND
PROPERlY LINE

ADJACENT PROPERTY LINE

EXISTING EASEMENT

PROPOSED EASEMENT

15.93'
- - - -·- ~-

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: POPLAR AVENUE PUMP STATION OUTFALL EASEMENT
I
,!ij {J.
~.f~ ~1
DATE JULY, 2019
SCALE 1" = 40'
CALIFORNIA DR. BY JF
JOB A14111-6 Xii) KIER & WRIGHT

EXHIBIT
11 D- l" I SHEET NO.

I . t CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Building 22 (408) 727 6665
USER:sdtooi tV1RO.Er.S\AH111-3\DM.~15\PCflJLAR\FEE PNlCB.\c-ffAT,o'lq. OCTOOER llf, 2017 1:30 PIJ Santa Oara, California 95054 fax (408) 727 5641 2 OF 2 "I

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CITY OF SAN MATEO
3 7
5 1

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: PUBLIC HEARING Account Number: 21-4678 File ID: 22-6778 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 21, 2022
SUBJECT:
2023 Solid Waste Collection Rates – Increase
RECOMMENDATION:

Adopt a Resolution to establish maximum rates for solid waste, recycling, and organic collection for Rate Year 2023.

BACKGROUND:

The City’s Solid Waste Program (Program) includes waste diversion and trash reduction efforts, litter and illegal dumping abatement, and ensures compliance with all county, regional, state, and federal regulations. Solid waste, recycling, and compost collection services are available to all residents and commercial businesses in the City.

Each year, Council approves the solid waste, recycling, and compost collection rates to cover the cost of these services.

These costs include collection services provided by Recology San Mateo County; disposal and processing fees by South Bay Recycling, LLC; and City fees, which include the City’s Program, street sweeping, trash capture capital, and landfill closure costs.

Historically, the City followed a progressive rate structure that was directly correlated to the amount of waste generated (i.e., the more waste generated, the greater the per-gallon cost). However, solid waste rates are required by law to be proportional to the cost of providing the service attributable to the parcel. Currently, single-family residential rates do not cover their cost-of-service, while larger container commercial and multifamily rates do cover their cost-of-service.

In 2021, the City began a transition to realign rates to reflect true cost-of-service and will gradually increase rates to ensure each customer class pays for its true cost-of-service. The rates proposed for 2023 reflect larger increases for smaller containers because their difference between current rates and true cost of service is much larger. For example, the current rate for a residential 20-gallon cart is $19.59 and the cost-of-service is $49.39, a 152% difference. The current rate for a 96-gallon cart is $87.08 and the cost-of-service is $98.79, a 13% difference.

Rate Setting Procedure - Council reviews service rates for solid waste, recycling, compost collection and disposal services, and City fees annually; and establishes the maximum rates to be charged by the City’s franchisee, Recology San Mateo County (Recology).

The City follows the “majority protest” proceedings for increasing property-related fees and charges set forth in Article XIIID of the California Constitution (Proposition 218). These requirements include a mailed notice sent at least 45 days prior to the public hearing at which the Council considers whether to adopt or increase the proposed rates.

Statements of protest will be accepted through the end of the public hearing on November 21, 2022. At the end of the public hearing, the City Clerk will tally and report the qualifying written protests and the Council will certify whether the

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CITY OF SAN MATEO
3 7
5 1
written protests in opposition to the increase meet or do not meet the 50 percent protest threshold. In accordance with Proposition 218, a "majority protest" exists if written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels. If a majority protest is not received, the Council may then approve adoption of the increased rates. If a majority protest is received, the City cannot increase the rates and the rates will remain unchanged.

During the October 3, 2022, Council meeting, staff recommended the following rate increases effective January 1, 2023:
(1) a not-to exceed $4.00 per month increase for 20- and 32-gallon residential garbage cart rates; and (2) a not-to-exceed $2.00 increase for 64- and 96-gallon residential garbage cart rates and 20-and 32-gallon commercial garbage cart rates.

The new maximum rates to be charged by the franchisee for the residential and commercial solid waste program are detailed in Exhibit A of Attachment 1 – Resolution. On October 7, 2022, notice (Attachment 2) of the proposed increases and the public hearing was mailed to all property owners and Recology solid waste customers in the City. 2023 Rate Impact for Residential and Commercial Ratepayers - Residential solid waste rates for all three collection services (recycling, organic, and garbage) are based upon the size of the resident’s garbage cart. Approximately 80 percent of the City’s residents have a 20- or a 32-gallon garbage cart. Commercial rates vary greatly depending on the level of service requested. Table A below summarizes the current and proposed 2023 monthly rates for residential and the most common service level (one collection per week) rates for commercial collection services.

Table A - 2022-2023 Residential and Commercial Solid Waste Rate Changes Size of Collection
Cart/Bin
2022 Current
Monthly Rate
Proposed 2023
Monthly Rate
Monthly
Difference
Residential Cart Rates
20 Gallon Cart $19.59 $23.59 $4.00
32 Gallon Cart $28.93 $32.93 $4.00
64 Gallon Cart $56.93 $58.93 $2.00
96 Gallon Cart $87.08 $89.08 $2.00
Commercial Cart Rates
20 Gallon Cart $23.49 $25.49 $2.00
32 Gallon Cart $35.18 $37.18 $2.00
64 Gallon Cart $64.26 $64.26 $0.00
96 Gallon Cart $94.47 $94.47 $0.00
Commercial Rates (1 collection per week)
1 Yard $170.18 $170.18 $0.00
2 Yard $340.45 $340.45 $0.00
3 Yard $510.65 $510.65 $0.00
6 Yard $1,021.31 $1,021.31 $0.00
BUDGET IMPACT:

If the proposed rate adjustments are approved, the Solid Waste Program’s revenues will increase in alignment with the costs of service and implementation of the Program.

ENVIRONMENTAL DETERMINATION:

This action by the City in setting the maximum rates to be charged by Recology San Mateo County relates to funding an on- going solid waste collection service and is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
Notice of the proposed maximum increase in solid waste rates and the November 21, 2022 public hearing was mailed to all property owners and Recology customers on October 7, 2022. This meets the 45-day notification requirement.

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CITY OF SAN MATEO
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5 1

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Notice of Public Hearing

STAFF CONTACT
Jack Johnson, Waste Management Supervisor
[email protected]
6505227346
Sarah Scheidt, Regulatory Compliance Manager
[email protected]
(650) 522-7385

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CITY OF SAN MATEO
RESOLUTION NO.__ (2022)

ADOPTING INCREASED MAXIMUM RESIDENTIAL AND COMMERCIAL SOLID WASTE RATES FOR 2023

WHEREAS, the City reviews the rates charged by the City’s franchisee (hereafter “Solid Waste Rates”); and

WHEREAS, the purpose of the rate review is to ensure that rates cover the cost of solid waste, recycling, compost collection and disposal, and other fees; and

WHEREAS, the South Bayside Waste Management Association (SBWMA) approved Recology’s Compensation Application for rate year 2023 including a rate increase, incorporated herein by reference; and

WHEREAS, a rate increase for 2023 is proposed in an amount not-to-exceed $4.00 per month for all residential customers with 20- and 32-gallon garbage carts, and not to exceed $2.00 per month for all residential customers with 64- and 96-gallon garbage carts and all commercial customers with 64- and 96-gallon garbage carts; and

WHEREAS, while not currently required by law, the City followed the noticing procedure set forth in Article XIIID §6 of the California Constitution (Proposition 218); and

WHEREAS, in accordance with Proposition 218, the City Council authorized staff to proceed with noticing and protest proceedings for the proposed rate increase; and

WHEREAS, the public was noticed of such proposed Solid Waste Rate increases by a notice mailed to all property owners and rate payers within the City on October 7, 2022; and

WHEREAS, a public hearing was held on November 21, 2022; and WHEREAS, there was not a majority protest.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS AND RESOLVES THAT:

1. Pursuant to California Environmental Quality Act (CEQA) Guideline section 15378(b)(4), this action is not a project under CEQA because the City’s rate setting relates to the funding of on-going solid waste collection services.

2. In accordance with Article XIIID §6 of the California Constitution:

a. The revenues derived from the Solid Waste Rates will not exceed the funds required to provide solid waste collection service.
b. The revenues derived from the Solid Waste Rates will not be used for any purpose other than

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solid waste collection.
c. The Solid Waste Rate charged will not exceed the cost of solid waste collection per parcel. d. Any surplus monies collected from the solid waste collection fees will be used to offset future revenue r equirements.
e. The Solid Waste Rate is only charged for solid waste collection service that is currently available. f. The Solid Waste Rate is not charged for general governmental services.

3. Notice of the proposed increase in maximum solid waste collection rates to be charged by the franchisee was m ailed to property owners on October 7, 2022.

4. A public hearing was conducted on November 21, 2022, regarding the proposed maximum Solid Waste Rate to be charged by the franchisee and all protests and other comments were considered.

5. The number of written protests by owners of parcels within the City against the increase in maximum rates to be c harged by the franchisee was tabulated by the City Clerk and the number of protests fell short of a majority.

6. The City Council approves and adopts the new maximum rates to be charged by the franchisee for the residential a nd commercial solid waste program, set forth in the attached Exhibit A.

7. The new maximum two percent increase for Solid Waste Rates to be charged by the City’s franchisee for commercial b in users shall be effective January 1, 2023.

8. The new maximum $4.00 per month increase for Solid Waste Rates to be charged by the City’s franchisee for 20- an d 32-gallon residential garbage cart users shall be effective January 1, 2023.

9. The new maximum $2.00 per month increase for Solid Waste Rates to be charged by the City’s franchisee for 64- a nd 96-gallon residential and 20- and 32-gallon commercial garbage cart users shall be effective January 1, 2023.

10. The City Council approves and adopts the new maximum rates to be charged by the franchisee for residential and commercial solid waste program if required.

11. The new maximum Solid Waste Rates to be charged by the City’s franchisee for commercial and residential users shall be effective January 1, 2023.

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City of San Mateo
Proposed 2023 Bin Rates
Effective January 1, 2023
Organics
Garbage &
Recycling
QTY SIZE FREQ Monthly Monthly
Total Total
1‐Yard Bins
11  Yard 1X $127.63 $170.18
11  Yard 2X $259.11 $345.48
11  Yard 3X $394.37 $525.82
11  Yard 4X $533.46 $711.28
11  Yard 5X $676.37 $901.82
11  Yard 6X $822.99 $1,097.32
11  Yard 7X $973.50 $1,298.00
21  Yard 1X $255.33 $340.45
21  Yard 2X $518.27 $691.03
21  Yard 3X $788.79 $1,051.72
21  Yard 4X $1,066.93 $1,422.57
21  Yard 5X $1,352.74 $1,803.66
21  Yard 6X $1,677.05 $2,236.06
21  Yard 7X $1,983.25 $2,644.34
31  Yard 1X $382.99 $510.65
31  Yard 2X $777.45 $1,036.61
31  Yard 3X $1,183.13 $1,577.51
31  Yard 4X $1,631.51 $2,175.34
31  Yard 5X $2,067.98 $2,757.30
31  Yard 6X $2,515.56 $3,354.09
31  Yard 7X $3,030.36 $4,040.48
41  Yard 1X $510.68 $680.90
41  Yard 2X $1,036.58 $1,382.11
41  Yard 3X $1,608.59 $2,144.78
41  Yard 4X $2,175.32 $2,900.42
41  Yard 5X $2,757.30 $3,676.40
41  Yard 6X $3,417.49 $4,556.66
41  Yard 7X $4,040.45 $5,387.26
51  Yard 1X $638.35 $851.14
51  Yard 2X $1,295.74 $1,727.66
51  Yard 3X $2,010.78 $2,681.04
51  Yard 4X $2,719.17 $3,625.56
51  Yard 5X $3,512.64 $4,683.52
51  Yard 6X $4,271.87 $5,695.82
51  Yard 7X $5,144.86 $6,859.82
8/31/2022 San Mateo 2023 Commercial Bin Rates 1 of 25
Exhibit A

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City of San Mateo
Proposed 2023 Bin Rates
Effective January 1, 2023
Organics
Garbage &
Recycling
QTY SIZE FREQ Monthly Monthly
Total Total
2‐Yard Bins
12  Yard 1X $255.33 $340.45
12  Yard 2X $518.27 $691.03
12  Yard 3X $788.79 $1,051.72
12  Yard 4X $1,066.93 $1,422.57
12  Yard 5X $1,352.74 $1,803.66
12  Yard 6X $1,677.05 $2,236.06
12  Yard 7X $1,983.25 $2,644.34
22  Yard 1X $510.68 $680.90
22  Yard 2X $1,036.58 $1,382.11
22  Yard 3X $1,608.59 $2,144.78
22  Yard 4X $2,175.32 $2,900.42
22  Yard 5X $2,757.30 $3,676.40
22  Yard 6X $3,417.49 $4,556.66
22  Yard 7X $4,040.45 $5,387.26
32  Yard 1X $765.98 $1,021.31
32  Yard 2X $1,585.95 $2,114.60
32  Yard 3X $2,412.95 $3,217.26
32  Yard 4X $3,326.43 $4,435.24
32  Yard 5X $4,215.20 $5,620.27
32  Yard 6X $5,223.24 $6,964.32
32  Yard 7X $6,173.85 $8,231.80
42  Yard 1X $1,021.34 $1,361.78
42  Yard 2X $2,114.61 $2,819.47
42  Yard 3X $3,280.65 $4,374.20
42  Yard 4X $4,521.40 $6,028.54
42  Yard 5X $5,728.04 $7,637.39
42  Yard 6X $6,964.35 $9,285.79
42  Yard 7X $8,385.70 $11,180.93
52  Yard 1X $1,276.65 $1,702.21
52  Yard 2X $2,643.27 $3,524.36
52  Yard 3X $4,100.81 $5,467.75
52  Yard 4X $5,651.76 $7,535.68
52  Yard 5X $7,160.03 $9,546.70
52  Yard 6X $8,870.28 $11,827.04
52  Yard 7X $10,482.13 $13,976.17
62  Yard 1X $1,563.06 $2,084.07
62  Yard 2X $3,235.30 $4,313.73
62  Yard 3X $5,017.99 $6,690.65
8/31/2022 San Mateo 2023 Commercial Bin Rates 2 of 25

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City of San Mateo
Proposed 2023 Bin Rates
Effective January 1, 2023
Organics
Garbage &
Recycling
QTY SIZE FREQ Monthly Monthly
Total Total
62  Yard 4X $6,782.12 $9,042.83
62  Yard 5X $8,756.94 $11,675.92
62  Yard 6X $10,644.33 $14,192.44
62  Yard 7X $12,578.52 $16,771.36
72  Yard 1X $1,823.59 $2,431.46
72  Yard 2X $3,774.53 $5,032.70
72  Yard 3X $5,854.27 $7,805.69
72  Yard 4x $8,066.40 $10,755.20
3‐Yard Bins
13  Yard 1X $382.99 $510.65
13  Yard 2X $777.45 $1,036.61
13  Yard 3X $1,183.13 $1,577.51
13  Yard 4X $1,631.51 $2,175.34
13  Yard 5X $2,067.98 $2,757.30
13  Yard 6X $2,515.56 $3,354.09
13  Yard 7X $3,030.36 $4,040.48
23  Yard 1X $765.98 $1,021.31
23  Yard 2X $1,585.95 $2,114.60
23  Yard 3X $2,412.95 $3,217.26
23  Yard 4X $3,326.43 $4,435.24
23  Yard 5X $4,215.20 $5,620.27
23  Yard 6X $5,223.24 $6,964.32
23  Yard 7X $6,173.85 $8,231.80
33  Yard 1X $1,149.00 $1,532.00
33  Yard 2X $2,378.94 $3,171.92
33  Yard 3X $3,690.70 $4,920.93
33  Yard 4X $5,086.59 $6,782.12
33  Yard 5X $6,444.05 $8,592.07
43  Yard 1X $1,563.06 $2,084.07
43  Yard 2X $3,235.30 $4,313.73
43  Yard 3X $5,017.99 $6,690.65
53  Yard 1X $1,953.84 $2,605.12
53  Yard 2X $4,044.13 $5,392.18
53  Yard 3X $6,272.46 $8,363.29
63  Yard 1X $2,344.58 $3,126.11
63  Yard 2X $4,949.96 $6,599.95
63  Yard 3X $7,675.34 $10,233.79
73  Yard 1X $2,790.84 $3,721.12
73  Yard 2X $5,774.99 $7,699.99
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City of San Mateo
Proposed 2023 Bin Rates
Effective January 1, 2023
Organics
Garbage &
Recycling
QTY SIZE FREQ Monthly Monthly
Total Total
73  Yard 3X $8,954.54 $11,939.39
83  Yard 1X $3,189.55 $4,252.73
83  Yard 2X $6,599.94 $8,799.92
83  Yard 3X $10,233.80 $13,645.07
4‐Yard Bins
14  Yard 1X $510.68 $680.90
14  Yard 2X $1,036.58 $1,382.11
14  Yard 3X $1,608.59 $2,144.78
14  Yard 4X $2,175.32 $2,900.42
14  Yard 5X $2,757.30 $3,676.40
14  Yard 6X $3,417.49 $4,556.66
14  Yard 7X $4,040.45 $5,387.26
24  Yard 1X $1,021.34 $1,361.78
24  Yard 2X $2,114.61 $2,819.47
24  Yard 3X $3,280.65 $4,374.20
24  Yard 4X $4,521.40 $6,028.54
24  Yard 5X $5,728.04 $7,637.39
24  Yard 6X $6,964.35 $9,285.79
24  Yard 7X $8,385.70 $11,180.93
34  Yard 1X $1,563.06 $2,084.07
34  Yard 2X $3,235.30 $4,313.73
34  Yard 3X $5,017.99 $6,690.65
34  Yard 4X $6,782.12 $9,042.83
34  Yard 5X $8,756.94 $11,675.92
34  Yard 6X $10,644.33 $14,192.44
34  Yard 7X $12,578.52 $16,771.36
44  Yard 1X $2,084.10 $2,778.81
44  Yard 2X $4,399.97 $5,866.62
44  Yard 3X $6,690.62 $8,920.83
44  Yard 4X $9,218.70 $12,291.60
44  Yard 5X $11,675.92 $15,567.89
44  Yard 6X $14,192.46 $18,923.28
44  Yard 7X $16,771.36 $22,361.82
6‐Yard Bins
16  Yard 1X $765.98 $1,021.31
16  Yard 2X $1,585.95 $2,114.60
16  Yard 3X $2,412.95 $3,217.26
16  Yard 4X $3,326.43 $4,435.24
16  Yard 5X $4,215.20 $5,620.27
8/31/2022 San Mateo 2023 Commercial Bin Rates 4 of 25

129 of 204

City of San Mateo
Proposed 2023 Bin Rates
Effective January 1, 2023
Organics
Garbage &
Recycling
QTY SIZE FREQ Monthly Monthly
Total Total
16  Yard 6X $5,223.24 $6,964.32
16  Yard 7X $6,173.85 $8,231.80
26  Yard 1X $1,563.06 $2,084.07
26  Yard 2X $3,235.30 $4,313.73
26  Yard 3X $5,017.99 $6,690.65
26  Yard 4X $6,782.12 $9,042.83
26  Yard 5X $8,756.94 $11,675.92
26  Yard 6X $10,644.33 $14,192.44
26  Yard 7X $12,578.52 $16,771.36
36  Yard 1X $2,344.58 $3,126.11
36  Yard 2X $4,949.96 $6,599.95
36  Yard 3X $7,675.34 $10,233.79
36  Yard 4X $10,371.07 $13,828.09
36  Yard 5X $13,135.43 $17,513.91
36  Yard 6X $15,966.51 $21,288.68
36  Yard 7X $18,867.82 $25,157.10
46  Yard 1X $3,189.55 $4,252.73
46  Yard 2X $6,599.94 $8,799.92
46  Yard 3X $10,233.80 $13,645.07
46  Yard 4X $13,828.08 $18,437.44
46  Yard 5X $17,513.89 $23,351.85
46  Yard 6X $21,288.69 $28,384.92
46  Yard 7X $25,157.06 $33,542.74
8/31/2022 San Mateo 2023 Commercial Bin Rates 5 of 25

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City of San Mateo
Proposed 2023 Cart Rates
Effective January 1,2023
Organics
Garbage &
Recycling
QTY & FREQ Monthly Monthly
SIZE Total Total
20‐Gallon Carts
1 ‐ 20 1X $19.12 $25.49
1 ‐ 20 2X $38.94 $51.92
2 ‐ 20 1X $38.21 $50.94
5 ‐ 20 1X $95.51 $127.35
5 ‐ 20 2X $197.90 $263.86
8 ‐ 20 1X $155.33 $207.10
32‐Gallon Carts
1‐32 1X $27.89 $37.18
1‐32 2X $56.91 $75.88
1‐32 3X $87.13 $116.17
1‐32 4X $120.62 $160.83
1‐32 5X $153.76 $205.01
1‐32 6X $188.06 $250.74
1‐32 7X $228.67 $304.89
2‐32 1X $55.70 $74.26
2‐32 2X $115.83 $154.44
2‐32 3X $177.31 $236.41
2‐32 4X $247.04 $329.38
2‐32 5X $314.78 $419.70
2‐32 6X $384.83 $513.10
2‐32 7X $467.86 $623.81
3‐32 1X $83.63 $111.50
3‐32 2X $173.76 $231.68
3‐32 3X $272.54 $363.38
3‐32 4X $370.53 $494.04
3‐32 5X $483.40 $644.53
3‐32 6X $590.75 $787.67
3‐32 7X $701.79 $935.72
4‐32 1X $113.43 $151.24
4‐32 2X $237.51 $316.68
4‐32 3X $363.38 $484.50
4‐32 4X $506.07 $674.76
4‐32 5X $644.54 $859.38
4‐32 6X $787.70 $1,050.26
4‐32 7X $957.31 $1,276.41
5‐32 1X $141.83 $189.10
5‐32 2X $296.90 $395.86
5‐32 3X $465.46 $620.61
5‐32 4X $632.58 $843.44
5‐32 5X $805.70 $1,074.26
5‐32 6X $1,007.74 $1,343.65
9/1/2022 San Mateo 2023 Commercial Can Rates 1 of 25

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City of San Mateo
Proposed 2023 Cart Rates
Effective January 1,2023
Organics
Garbage &
Recycling
QTY & FREQ Monthly Monthly
SIZE Total Total
5‐32 7X $1,196.61 $1,595.48
6‐32 1X $170.19 $226.92
6‐32 2X $356.24 $474.98
6‐32 3X $558.53 $744.70
6‐32 4X $759.11 $1,012.14
6‐32 5X $989.98 $1,319.97
6‐32 6X $1,209.29 $1,612.38
6‐32 7X $1,469.34 $1,959.12
7‐32 1X $203.63 $271.50
7‐32 2X $426.15 $568.20
8‐32 1X $232.75 $310.33
9‐32 1X $261.79 $349.05
9‐32 7X $2,308.66 $3,078.21
10 ‐ 32 1X $290.89 $387.85
11 ‐ 32 1X $320.00 $426.66
11 ‐ 32 3X $1,049.48 $1,399.30
12 ‐ 32 1X $349.09 $465.45
12 ‐ 32 2X $730.51 $974.01
13 ‐ 32 1X $387.90 $517.20
13 ‐ 32 2X $811.43 $1,081.90
14 ‐ 32 1X $417.77 $557.02
15 ‐ 32 1X $447.61 $596.81
16 ‐ 32 1X $477.45 $636.60
16 ‐ 32 2X $998.69 $1,331.59
17 ‐ 32 1X $507.29 $676.38
19 ‐ 32 1X $566.96 $755.94
20 ‐ 32 2X $1,280.17 $1,706.89
160 ‐ 32 1X $5,290.79 $7,054.38
320 ‐ 32 1X $10,581.59 $14,108.79
387 ‐ 32 1X $12,797.09 $17,062.78
64‐Gallon Carts
1‐64 1X $48.20 $64.26
1‐64 2X $100.83 $134.44
1‐64 3X $154.81 $206.41
1‐64 4X $217.04 $289.38
1‐64 5X $277.28 $369.70
1‐64 6X $339.83 $453.10
1‐64 7X $415.36 $553.81
2‐64 1X $98.43 $131.24
2‐64 2X $207.51 $276.68
2‐64 3X $318.38 $424.50
9/1/2022 San Mateo 2023 Commercial Can Rates 2 of 25

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City of San Mateo
Proposed 2023 Cart Rates
Effective January 1,2023
Organics
Garbage &
Recycling
QTY & FREQ Monthly Monthly
SIZE Total Total
2‐64 4X $446.07 $594.76
2‐64 5X $569.54 $759.38
2‐64 6X $697.70 $930.26
2‐64 7X $852.31 $1,136.41
3‐64 1X $147.69 $196.92
3‐64 2X $311.24 $414.98
3‐64 3X $491.03 $654.70
3‐64 4X $669.86 $893.14
3‐64 5X $877.48 $1,169.97
3‐64 6X $1,074.29 $1,432.38
3‐64 7X $1,311.84 $1,749.12
4‐64 1X $202.75 $270.33
4‐64 2X $427.04 $569.39
4‐64 3X $654.73 $872.97
4‐64 4X $916.79 $1,222.39
4‐64 5X $1,201.73 $1,602.30
4‐64 6X $1,470.53 $1,960.70
4‐64 7X $1,794.92 $2,393.22
5‐64 1X $253.39 $337.85
5‐64 2X $533.73 $711.64
5‐64 3X $841.55 $1,122.07
5‐64 4X $1,177.78 $1,570.37
5‐64 5X $1,502.15 $2,002.86
5‐64 6X $1,887.23 $2,516.31
5‐64 7X $2,302.65 $3,070.20
6‐64 1X $304.09 $405.45
6‐64 2X $640.51 $854.01
6‐64 3X $1,009.84 $1,346.45
6‐64 4X $1,413.37 $1,884.49
6‐64 5X $1,851.70 $2,468.93
6‐64 6X $2,325.38 $3,100.51
6‐64 7X $2,763.19 $3,684.25
7 ‐ 64 1X $354.77 $473.02
7 ‐ 64 2X $747.26 $996.35
7 ‐ 64 3X $1,178.15 $1,570.87
7 ‐ 64 4X $1,648.93 $2,198.57
7 ‐ 64 5X $2,160.32 $2,880.43
7 ‐ 64 6X $2,712.95 $3,617.26
7 ‐ 64 7X $3,223.46 $4,297.95
144 ‐ 64  1X $8,443.40 $11,257.86
144 ‐ 64  2X $16,886.79 $22,515.72
9/1/2022 San Mateo 2023 Commercial Can Rates 3 of 25

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City of San Mateo
Proposed 2023 Cart Rates
Effective January 1,2023
Organics
Garbage &
Recycling
QTY & FREQ Monthly Monthly
SIZE Total Total
144 ‐ 64  3X $25,330.20 $33,773.60
144 ‐ 64  4X $33,773.59 $45,031.45
144 ‐ 64  5X $42,217.01 $56,289.34
144 ‐ 64  6X $50,660.41 $67,547.21
144 ‐ 64  7X $55,042.34 $73,389.78
96‐Gallon Carts
1‐96 1X $70.85 $94.47
1‐96 2X $148.22 $197.63
1‐96 3X $234.12 $312.16
1‐96 4X $319.25 $425.67
1‐96 5X $419.06 $558.75
1‐96 6X $513.43 $684.57
1‐96 7X $611.42 $815.22
2‐96 1X $144.70 $192.93
2‐96 2X $305.14 $406.85
2‐96 3X $481.57 $642.09
2‐96 4X $656.28 $875.04
2‐96 5X $861.04 $1,148.05
2‐96 6X $1,054.36 $1,405.81
2‐96 7X $1,287.95 $1,717.27
3‐96 1X $223.51 $298.01
3‐96 2X $471.02 $628.03
3‐96 3X $743.00 $990.67
3‐96 4X $1,011.95 $1,349.26
3‐96 5X $1,326.96 $1,769.28
3‐96 6X $1,667.72 $2,223.63
3‐96 7X $1,982.99 $2,643.98
4‐96 1X $298.01 $397.35
4‐96 2X $628.02 $837.36
4‐96 3X $990.65 $1,320.86
4‐96 4X $1,387.00 $1,849.33
4‐96 5X $1,817.85 $2,423.80
4‐96 6X $2,283.72 $3,044.96
4‐96 7X $2,714.06 $3,618.74
5‐96 1X $383.65 $511.53
5‐96 2X $807.95 $1,077.26
5‐96 3X $1,273.71 $1,698.28
5‐96 4X $1,782.38 $2,376.50
5‐96 5X $2,334.91 $3,113.21
5‐96 6X $2,854.66 $3,806.21
5‐96 7X $3,392.57 $4,523.43
9/1/2022 San Mateo 2023 Commercial Can Rates 4 of 25

134 of 204

City of San Mateo
Proposed 2023 Cart Rates
Effective January 1,2023
Organics
Garbage &
Recycling
QTY & FREQ Monthly Monthly
SIZE Total Total
6‐96 1X $460.34 $613.79
6‐96 2X $969.50 $1,292.67
6‐96 3X $1,572.16 $2,096.21
6‐96 4X $2,198.89 $2,931.85
6‐96 5X $2,801.90 $3,735.86
6‐96 6X $3,425.57 $4,567.42
6‐96 7X $4,071.08 $5,428.10
7‐96 1X $537.10 $716.13
7‐96 2X $1,164.14 $1,552.18
7‐96 3X $1,834.21 $2,445.61
7‐96 4X $2,565.36 $3,420.48
7‐96 5X $3,268.86 $4,358.48
7‐96 6X $3,996.49 $5,328.65
7‐96 7X $4,749.63 $6,332.84
8‐96 1X $613.83 $818.44
8‐96 2X $1,330.43 $1,773.91
8‐96 3X $2,156.27 $2,875.03
8‐96 4X $2,931.85 $3,909.13
8‐96 5X $3,735.85 $4,981.13
9‐96 1X $711.16 $948.21
9‐96 2X $1,540.49 $2,053.98
9‐96 3X $2,425.79 $3,234.38
10 ‐ 96 1X $790.19 $1,053.58
10 ‐ 96 2X $1,761.69 $2,348.92
10 ‐ 96 3X $2,695.33 $3,593.77
12 ‐ 96 2X $2,114.03 $2,818.70
12 ‐ 96 3X $3,234.42 $4,312.56
20 ‐ 96 1X $1,743.75 $2,325.00
20 ‐ 96 2X $3,523.40 $4,697.87
20 ‐ 96 3X $5,285.06 $7,046.75
20 ‐ 96 4X $7,046.80 $9,395.73
20 ‐ 96 5X $8,808.50 $11,744.66
20 ‐ 96 6X $10,570.19 $14,093.59
20 ‐ 96 7X $12,331.90 $16,442.53
21 ‐ 96 2X $3,699.57 $4,932.76
33 ‐ 96 2X $5,813.62 $7,751.49
35 ‐ 96 2X $6,165.96 $8,221.28
35 ‐ 96 3X $9,433.69 $12,578.25
9/1/2022 San Mateo 2023 Commercial Can Rates 5 of 25

135 of 204

Quantity 2023  Collection, Landfill Monthly
and Size Sweeping,   and
Disposal
Closure Total
1 ‐ 20 23.19 0.40 $23.59
1 ‐ 32 32.29 0.64 $32.93
1 ‐ 64 57.52 1.41 $58.93
1 ‐ 96 86.69 2.39 $89.08
City of San Mateo
9/272022 San Mateo Solid Waste Rates 2023 Residential Carts 1 of 1 San Mateo Solid Waste Rates 2023 Residential Carts

136 of 204

City of San Mateo
GARBAGE COMPACTOR PROGRESSIVE RATES*
Container Haul Charge Disposal/Processing
Size ($ per pull) plus $/Ton  Charge
1 ‐ 10 yds $804.09 + $137.00
11 ‐ 20 yds $976.40 + $137.00
21 ‐ 30 yds $1,263.57 + $137.00
31 ‐ 40 yds $1,723.05 + $137.00
40 + yds $2,182.53 + $137.00
* Customers shall be charged a per pull haul charge each time the compactor is serviced.  In addition, customer will be charged for each ton of material collected at the per‐ton rate above.

Per‐ton Disposal/Processing rates reflect 1/1/23 rate at the Shoreway Environmental Center in San Carlos and are subject to change.

ORGANICS COMPACTOR PROGRESSIVE RATES*
Container Haul  Charge Processing
Size ($  per pull) plus $/Ton  Charge
1 ‐ 10 yds $603.07 + $145.00
11 ‐ 20 yds $732.30 + $145.00
21 ‐ 30 yds $947.68 + $145.00
31 ‐ 50 yds $1,292.29 + $145.00
51 + yds $1,636.90 + $145.00
* Customers shall be charged a per pull haul charge each time the compactor is serviced.  In addition, customer will be charged for each ton of material collected at the per‐ton rate above.

Per‐ton Processing rates reflect 1/1/23 rate at the Shoreway Environmental Center in San Carlos and are subject to change.

Proposed 2023 Compactor Rates
Effective January 1, 2023
8/30/2022 San Mateo 2023 Compactors & Specials 1 of 5

137 of 204

ATTACHMENT Q - 2023

ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of San Mateo Additional Services

For Rate Years Eleven (2021) through the remaining Rate Years in the Term, the Charges for additional services specified in Attachment Q shall be adjusted annually in accordance with Attachment K.

The Charges for additional services for Rate Year Ten (2020) shall be the Charges for Rate Year Ten (2020) as determined under the 2009 Franchise Agreement. These are the Charges that will be adjusted as provided in Attachment K of this Agreement to determine the Charges for Rate Year Eleven (2021).

Two additional services are included in this Attachment Q there were not in Attachment Q of the 2009 Franchise Agreement. The two new services are Container Relocation Service and Agency- Specific Reporting for Abandoned Waste Collections. Charges for these services are presented in the table below.

Service Reference Agency-Approved
Charge Description
Additional Services for Customers

1 Single-Family Dwelling
Backyard Collection
Service

Section

5.02.A
See Charges in the
table at the end of
this Attachment
See Charges in the table at the
end of this Attachment
2 Long Distance Service for
MFD, Mixed Use, and
Commercial Accounts
(Note: only applicable to
Containers with wheels)

Sections

5.02.B,

5.02.C; and

8.02.B
A – 10% of base
monthly Rate of the
Collection Rate for
each Container
requiring Long
Distance Service
B – 25% of base
monthly Rate of the
Collection Rate for
each Container
requiring Long
Distance Service
C – Slope Charge
$62.14
A – Distance greater than 50
feet and less than or equal to
100 feet
B – Distance greater than 100
feet
Distance shall be measured
from the face of the curb, or from
the edge of the roadway nearest
the closest edge of the
Container, if there is no curb.

C – Slope 7% or greater, per
event, per container

138 of 204

ATTACHMENT Q - 2023

ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of San Mateo Additional Services

Service Reference Agency-Approved
Charge Description
3 Container Relocation
Service

Sections

5.02B and

8.02B
A – 12% of base
monthly Rate of the
Collection Rate for
each Container
requiring Container
Relocation Service
B – 27% of base
monthly Rate of the
Collection Rate for
each Container
requiring Container
Relocation Service
A – Distance greater than 50
feet and less than or equal to
100 feet
B – Distance greater than 100
feet
Distance shall be measured
from the face of the curb, or from
the edge of the roadway nearest
the closest edge of the
Container, if there is no curb.
4 On-Call Pick-up for SFD,
MFD, Mixed Use, and
Commercial Customers

Sections

5.02.A,

5.02.B, and

5.02.C
25% of the base
monthly Rate for
the size of
Container
Collected once per
week
Per Collection event per
Container for Collection
requested by Customer
5 Return Trip (SFD, MFD,
Mixed Use, or
Commercial)
Sections

5.02.A, B, C;

5.03.A, B, C;

5.04.A, B, C
$20.36 for SFD
$20.36 for
Commercial, Mixed
Use, and MFD
Per Collection event (i.e.,
request to return and provide
Collection service after the
Customer failed to properly set
out their Container(s) for
regularly scheduled Collection)
6 Additional Targeted
Recyclable Materials or
Organic Materials Cart
Service for SFD

Sections

5.03.A and

5.04.A
$4.07 per
Recycling Cart
$4.07 per Organic
Materials Cart
Per Cart per month (any Cart
size). Six month minimum
charge required. Includes one-
time Cart delivery upon start of
service and removal of Cart
when service is discontinued by
Customer.
7 Additional On-Call Bulky
Item Collection
Sections

5.05, 5.06 $110.69
Per Bulky Item Collection event
(in addition to the events
provided at no charge to
Customer pursuant to Section

5.12)

139 of 204

ATTACHMENT Q - 2023

ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of San Mateo Additional Services

Service Reference Agency-Approved
Charge Description
8 Collect Contaminated
Targeted Recyclable
Materials or Organic
Materials Container
Section

6.03.A and

8.02.F
25% of the base
monthly Solid
Waste Rate for the
size of Container
Collected once per
week
plus
Return Trip Fee if
applicable
Per Collection event for
Container with Contamination
Level greater than the maximum
level pursuant to Table 1 in
Section 6.02.B
9 Lock Service (Key Service) Section

8.02.B
A – $11.54 per
usage
B – $12.09 per
usage
Monthly cost:

A – Residential Customers
B – Commercial Customers
10 Lock Purchase Section

8.02.B $23.09 per lock Per lock
11 Overage Service Section

8.02.G
100% of the base
monthly Solid
Waste Collection
Rate
Per Collection event
12 Overage Bags Cost Section

8.02.G
50% of the base
monthly Solid
Waste Collection
Rate or $10.17
minimum
Per bag
13 Container Cleaning
Service
Section

8.05.D
A – $67.90
B – $115.43
A – per Cart
B – per Bin or Drop-Box
Charge only applies to cleaning
or Container exchange in
addition to the service to be
provided at no charge to the
Customer pursuant to Section

8.05.D

140 of 204

ATTACHMENT Q - 2023

ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of San Mateo Additional Services

Service Reference Agency-Approved
Charge Description
14 Dirty Cart Replacement
(Exchange) Service
Section

8.05.D
A – $82.72
B – $95.45
C – $108.18
A – per 32 gallon Cart
B – per 64 gallon Cart
C – per 96 gallon Cart
Charge only applies to cleaning
or Container exchange in
addition to the service to be
provided at no charge to the
Customer pursuant to Section

8.05.D
Additional Services for Agency
15 Additional Confidential
Document Destruction
Service Event
Section 5.07 $1,527.28 Per event
16 Additional Compost
Material Delivery Section 5.11
A – $159.09 per
delivery
B – $318.18 per
delivery
A – “one-way” only delivery by
Contractor where Contractor
delivers to and unloads compost
at an Agency-approved location
B – “Round-trip” delivery by
Contractor where Contractor
delivers compost in a Drop Box
to an Agency-approved location
and returns at a later time or
date to pick up the Drop Box and
any remaining compost (charge
includes the delivery of and later
pick-up of the Drop Box)
17 Community Drop-Off
Events Section 5.13 $21,636.42 per
event or day
Per event or day targeting 5,000
households. Does not include
disposal or public education
expenses.
18 Collection for Agency-
Sponsored and Non-
Agency sponsored
Community Events
Section 5.08
A – $3,818.19
B – $6,363.65
C – $9,545.48
A – One day event with a
projected 2,500 or fewer
attendees
B – One (1) or two (2) day
events with a projected 2,501 to
7,500 attendees per day
C – One (1) or two (2) day
events with a projected 7,501 to
10,000 attendees per day

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ATTACHMENT Q - 2023

ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of San Mateo Additional Services

Backyard Collection Service Charge
for Single-Family Dwellings*
(Section 5.02.A)
Distance from Curb**
Backyard
Charge for
Customers
with One (1)
Solid Waste
Cart
Backyard
Charge for
Customers with
Two (2) Solid
Waste Carts
Backyard
Charge for
Customers with
Three (3) Solid
Waste Carts
Backyard
Charge for
Customers with
Four (4) Solid
Waste Carts
Distance <= 50 feet $24.44 $39.00 $78.01 $117.02
50 < Distance <= 100 feet $28.52 $43.09 $82.09 $121.08
100 < Distance <= 150 feet $32.60 $47.15 $86.17 $125.16 150 < Distance <= 200 feet $36.66 $51.22 $90.23 $129.25 200 < Distance <= 250 feet $40.74 $55.31 $94.31 $133.32 250 < Distance <= 300 feet $44.81 $59.37 $98.38 $137.39 300 < Distance <= 350 feet $48.90 $63.45 $102.46 $141.46 Each additional 50 foot
increment over 350 feet
Amount equals the difference
between the Charge for 250 to 300 feet and 300 to 350 feet * Backyard Collection Service Charges are charges added to the base monthly Rate for Single-Family Collection service, and cover the provision of Backyard Collection Service for all of Customer’s Solid Waste, Recyclable Materials, and Organic Materials Carts.
** Distance shall be measured from the face of the curb, or from the edge of the roadway nearest the closest edge of the Cart, if there is no curb.

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NOTICE OF PUBLIC HEARING
November 21, 2022, 7:00 pm City of San Mateo City Council Chambers 330 West 20th Avenue, San Mateo, CA 94403

HOW SOLID WASTE RATES ARE DETERMINED

PROPOSED RATE INCREASES
The total cost of the solid waste program includes those for collection services provided by Recology San Mateo County (Recology), processing and disposalservices provided by the South Bayside Waste Management Authority (SBWMA), and City fees that support the City’s sustainability goals and efforts to meet allregulatory compliance mandates. These include street sweeping, trash capture capital costs, and landfill closure costs. Customer rates are adjusted as required togenerate enough revenue to cover the cost of the provided services. These services are available to or provided as a benefit to all City of San Mateo residents andcommercial businesses. Recommended rates are reviewed by the South Bayside Waste Management Authority Board of Directors based on a financial evaluationof operating costs and projected revenues. Single family residential bills are based on the size of your solid waste cart and covers the cost of collecting solid waste,recycling, and organic material. Commercial and multi-family bills are based on the size of your solid waste container and frequency of collection (e.g., 1 time perweek, 2 times per week) and covers the cost of collecting solid waste and recycling. In addition, commercial and multi-family bills include a charge for organicmaterial collections based on the size and frequency of collection of your organic material container.

The proposed change is directly related to the following causes: the need to set residential rates to cover the cost of the actual services provided; current costs donot cover the cost of the services; the 2021 revenue shortfall; and the increased cost associated with the mandates of State Senate Bill 1383 requiring allcommercial businesses, multi-family and single family residents to recycle all organic waste to reduce greenhouse gas emissions. Mandatory recycling of cleanorganic waste is the next step toward achieving California’s greenhouse gas emission goals. Greenhouse gas emissions resulting from the decomposition oforganic wastes in landfills have been identified as a significant source of emissions contributing to global climate change. The City is mandated by the State todivert organic debris from landfills and therefore faces severe financial penalties if it does not. Organic waste such as green materials and food materials arerecyclable through composting and mulching, and through anaerobic digestion.

The following chart illustrates the monthly rates, including all City fees, for residential services and the most common service level rates for commercial customers.Residential and commercial cart rate increases for 20- and 32-gallon carts will increase $4.00 and 64- and 96-gallon cart rates will increase $2.00. Commercialmetal bin service rates will remain flat. Commercial Organic Collection is offered at a 25% discounted rate from the cost of the commercial garbage rates. The fullrate schedule, including all commercial services, is available for review at www.cityofsanmateo.org/SolidWasteRates or at the City Clerk’s Office at 330 West 20thAvenue, San Mateo.

IMPACT OF PROPOSED INCREASE ON SOLID WASTE BILLS
Recology provides additional services upon request that are not included in theCity’s solid waste collection rate. Additional services include backyard ordistance service, additional carts, and extra on-call pickups of bulk items. Thefees for optional services will appear on the customer’s Recology San MateoCounty bill as separate line items in addition to the standard cost of collection.A complete list of all the additional services and their 2022 cost is available atwww.cityofsanmateo.org/SolidWasteRates or at the City Clerk’s Office located at330 W. 20th Avenue, San Mateo. For Questions, please call the City of SanMateo, Public Works Department at 650-522-7346.

Residential Garbage Collection (Single family homes are billed quarterly) Commercial Garbage Cart Collection (Assuming service one time perweek, commercial customers billed monthly)

PROPOSED INCREASE FOR SOLID WASTE/RECYCLING/COMPOST COLLECTION FOR RATE YEAR 2023

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NOTICE OF PUBLIC HEARING
November 21, 2022, 7:00 pm City of San Mateo City Council Chambers 330 West 20th Avenue, San Mateo, CA 94403

HOW TO PROTEST THE RATE INCREASE
A property owner or Recology customer may submit a writtenprotest to the proposed increase in maximum rates to becharged by the City’s franchisee by U.S. mail, to be receivedprior to the meeting date, or hand delivered to the City Clerk,at any time before the end of the public hearing. The CityClerk’s address is: 330 West 20th Avenue, San Mateo, CA94403. Only one protest per parcel will be counted. Writtenprotest must include the owner or customer’s name, serviceaddress, assessor’s parcel number (the nine-digit number thatappears on your property tax statement) and the owner’s orcustomer’s signature for the property served.While protestsmay not be submitted by electronic means such as email ortexts, as they are not an official rate protest mechanism underProposition 218, the City values all residential input and willread all correspondence regarding rates.

The City of San Mateo is currently considering an increase tothe charges set by the City and collected by Recology for solidwaste/recycling/compost collection and disposal. You arereceiving this notice because City records indicate that youare a Recology customer in the city. On November 21, 2022 at 7:00 p.m., or as soon thereafter asthe matter may be heard, the San Mateo City Council willhold a Public Hearing to accept public input and testimonyon a proposed increase on the maximum allowable chargefor solid waste/recycling/compost collection and disposal, tobe effective January 1, 2023. Any interested person maypresent verbal or written input to the City Council. Althoughthe City Council will consider all input, State law provides thatonly the written protests of property owners may be countedto determine whether a majority protest (50% of all parcels +1)to the proposed maximum exists. If, at the conclusion of thepublic hearing, a majority protest of property owners does notexist, the City Council will consider adoption of the proposedincrease in the maximum allowable charges.

Public Works Department City of San Mateo 330 W. 20th Avenue San Mateo, CA 94403

SEE REVERSE OF THIS CARDFOR IMPORTANT DETAILS
November 21, 2022, 7:00 pm City of San Mateo City Council Chambers 330 West 20th Avenue, San Mateo, CA 94403

NOTICE OF PUBLIC HEARING

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THE FOLLOWING PUBLIC

COMMENTS WERE SUBMITTED

FOLLOWING THE PUBLICATION

OF THE AGENDA PACKET

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-----Original Message-----
From: Michelle Byron
Sent: Monday, November 21, 2022 6:53 AM
To: City Council (San Mateo) <[email protected]> Cc: Clerk <[email protected]>
Subject: Unreasonable Recology rates
The less one uses, the less one should pay.

Careful recyclers and seniors should not have to pay for less careful and wealthier persons.

Michelle Byron
San Mateo

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The Solid Waste Process & What Rates Cover

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Annual Rate Review Process
• Council reviews and approves fees for all
solid waste services
• Garbage
• Recycling
• Composting
• City solid waste services
• City follows CA Prop 218 process
• Rates must be based on cost-of-service
• Residential rates ARE NOT covering COS

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Background
• 2006 progressive “Pay as You Throw” system adopted
• 2016 & 2022 State imposed recycling and organics mandates • Proposition 218 - “...fees and charges must be proportional to the cost of providing the service attributable to the parcel…”

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2023 Solid
Waste Rate
Realignment
Process
To meet Cost of Service:
• 2022
• 20-gal needed a 199% increase
• 32-gal needed a 112% increase
• Gradual re-alignment over next 8-10 years

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• Fixed Costs: Remain the same regardless of solid waste, composting, recycling produced (e.g., cost for 3 different trucks servicing a property once a week). • Variable Costs: Increase with amount of solid waste, composting, recycling produced (e.g., landfill disposal).
• Cost of service between 20 gallon and 96 gallon reflects high fixed and incremental variable costs.

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2023
Revenue
Requirement

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Monthly Cost Comparison 2022 to 2023 Collection
Rates for All Services (Garbage, Recycling, Compost)
Size of Collection Cart/Bin 2022 Current Monthly Rate Proposed 2023 Monthly Rate
Monthly Difference
Residential Cart Rates
20 Gallon Cart $19.59 $23.59 $4.00
32 Gallon Cart $28.93 $32.93 $4.00
64 Gallon Cart $56.93 $58.93 $2.00
96 Gallon Cart $87.08 $89.08 $2.00
Commercial Cart Rates
20 Gallon Cart $23.49 $25.49 $2.00
32 Gallon Cart $35.18 $37.18 $2.00
64 Gallon Cart $64.26 $64.26 $0.00
96 Gallon Cart $94.47 $94.47 $0.00
Commercial Rates (1 collection per week)
1 Yard $170.18 $170.18 $0.00
2 Yard $340.45 $340.45 $0.00
3 Yard $510.65 $510.65 $0.00
6 Yard $1,021.31 $1,021.31 $0.00

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Residential Rate Comparison (20-gal)
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Solid Waste Rates - summary
• Rates must cover the cost of solid waste services
• Rates can not be progressively “pay-as-you-go”
• Proposed 2023 rates move the City closer to compliance • Additional increases will be needed in future years
• Rates are still below comparable jurisdictions

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Rate Adoption Timeline
• August 15, 2022: Council Study Session
• October 3, 2022: Council approval to mail public notice • October 7, 2022: 45-day public notice mailed
• November 21, 2022: City Council Public Hearing
• January 1, 2023: Rates effective, if adopted

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Tonight’s Process
• Ask clarifying questions
• Open Public Hearing
• Take public testimony & additional written protests
• Tally written protests
• Determine if the 50% protest threshold has/has not been met • Decide whether to adopt a resolution to establish 2023 rates

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www.cityofsanmateo.org/publicworks
Stewards of your infrastructure
330 W . 20th Avenue
San Mateo, CA 94403
650-522-7300
Thank you for your time.

You can reach me at:
[email protected]
(650) 522-7346

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: OLD BUSINESS Account Number: 10-4666 File ID: 22-6763 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 21, 2022
SUBJECT:

Transit-Oriented Development Pedestrian Access Plan – Adoption RECOMMENDATION:

Adopt a Resolution to adopt the City of San Mateo Transit-Oriented Development Pedestrian Access Plan.

BACKGROUND:

The City was awarded a Transportation Development Act (TDA) Article 3 grant from the City/County Association of Governments of San Mateo County in fiscal year 2019-20 for approximately $75,000 to fund the Transit-Oriented Development Pedestrian Access Plan (Plan). The Plan will serve as a roadmap to enhance pedestrian safety and create comfortable walking routes to transit for all ages and abilities. The scope of the Plan includes the pedestrian path of travel within a half-mile radius of the City’s three Caltrain stations and along El Camino Real to account for frequent SamTrans service along this corridor. Caltrain and SamTrans have created new visions for their service in San Mateo County. The Plan aims to complement these visions by making it easy to access transit for existing and future residents, employees, and visitors.

The City provided matching funds to fully fund the $143,000 Plan. Staff and the consultant team began the development of the Plan in April 2021. Following a competitive process, the City entered into an agreement with Fehr & Peers to lead with developing the Plan.

At the June 20, 2022, City Council meeting, staff and the consultant team presented the findings from community outreach, existing conditions review, and project prioritization effort, and requested the Council’s review of the proposed priority projects. Since that time, planning-level cost estimates have been developed for the proposed improvements as well as an implementation strategy that identifies potential funding sources and other opportunities to construct projects in the Plan.

Draft Transit-Oriented Development Pedestrian Access Plan The full Draft Transit-Oriented Development Pedestrian Access Plan is available to view and download on the City’s website: www.cityofsanmateo.org/TransitWalk. The Plan contains the following components:
•Community Engagement and Outreach
•Needs Assessment
•Priorities and Recommendations
•Implementation

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Community Engagement and Outreach
A variety of tools, venues, and methods to maximize participation and achieve the goals from the Community Engagement Plan of informing, educating, and listening to all voices in the community. Outreach consisted of six pop-up events, three virtual focus meetings with local community groups, an online survey, an interactive online mapping activity, and sidewalk decals with a QR code to the project webpage. Overall, the team reached more than 500 community members and received over 375 comments at the pop-up events and through the online interactive mapping activity. This was the first City project to conduct outreach at the Mi Rancho Supermarket on North B Street and The Peninsula Regent senior living facility on Baldwin Avenue and El Camino Real.

Needs Assessment, Priorities, and Recommendations
The existing conditions were assessed with respect to pedestrian safety and comfort within the Downtown, Hayward Park, and Hillsdale study areas and on El Camino Real. In the Downtown study area, improving the crosswalks at Transit Center Way and adding wayfinding and placemaking around the station would create a more pedestrian-friendly environment and enhance the connection to the Downtown area. Within the Hayward Park and Hillsdale study areas, the assessment identified a need for upgrading station access streets to meet City standards and improving pedestrian access to station entrances to navigate around State Route 92 and the Caltrain tracks. Pedestrian infrastructure needs along El Camino Real were found to be consistent for the majority of the corridor in the City. Adding pedestrian facilities and amenities, such as safer crossings, clear walking paths, and pedestrian-scale street lighting, would greatly enhance the pedestrian experience on El Camino Real.

Project areas were identified through a prioritization process where metrics, including station access streets, community feedback, and pedestrian collision data were assigned a weight of high, medium, or low and overlaid on a map. Where the metrics overlapped the most became project areas in the Plan. Graphical displays or ‘cut sheets’ for each project area summarize the existing conditions, the proposed improvements, and highlight opportunities to incorporate improvements with upcoming City projects.

Implementation
Implementation strategies were identified that can be used to fund the construction of the improvements. The strategies include incorporating pedestrian improvements with upcoming City plans and projects as well as regional projects, utilizing local resources earmarked for transportation improvements, updating ordinances, considering new fees to fund and construct improvements, and applying for grant funding.

A near-term implementation action once this Plan is adopted could include conducting a fee study to evaluate the appropriate mechanism to fund these improvements, such as consideration of a new vehicle miles traveled (VMT) impact fee or other fees. The fee study would assess options for types of fees, include a legal analysis, and recommend options for consideration and potential adoption by the City Council. It’s also important to note that the projects in the Plan are recommended improvements that require further analysis, such as traffic counts, before an improvement can be installed.

As a policy document, the Plan does not include standards or guidelines for general improvements in the public right-of- way, nor does it create objective standards with which proposed land use development projects must comply. With a funding mechanism, the projects would be evaluated further for implementation.

The following are policy considerations needed to move forward with the proposed implementation strategies in the Draft Plan:
•Standards: Limited public right-of-way, the City’s municipal code, and existing City ordinances limit the ability of development projects to fully upgrade their project frontage to meet City standards. Once adopted, the plan proposes the consideration of options that include updates to zoning ordinances, development of circulation change assessments, evaluation of private property setbacks, or a combination of strategies, to ensure pedestrian facilities can be upgraded to be fully compliant with City standards. •Funding: New development projects within transit-oriented development (TOD) areas increase the demand and

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use of pedestrian facilities leading to transit. Following Plan adoption, the Plan proposes that the City conduct a fee study to calculate and determine the appropriate mechanism to fund the construction of off-site improvements on paths leading to transit and evaluate a VMT impact fee option for projects outside the TOD area as an option to meet their mitigation requirements by funding projects that reduce VMT.

Sustainability and Infrastructure Commission Feedback
Staff presented the draft Plan to the Sustainability and Infrastructure Commission at the October 12, 2022 meeting. The proposed final draft Plan addresses Commission feedback and comments from that meeting summarized below. •Priority Projects – Commissioners provided feedback on specific priority projects in the draft Plan. oHayward Park - El Camino Real: Commissioners and feedback from public comment indicated an interest in adding a right turn on red restriction for vehicles turning onto 17th Avenue from El Camino Real. Staff added consideration of this improvement to the Hayward Park - El Camino Real project area and noted additional analysis and coordination with Caltrans is necessary for implementation. oHillsdale Boulevard: Commissioners supported additional improvements to the crosswalks and lighting at the Hillsdale Boulevard and El Camino Real intersection. Staff revised the Hillsdale Boulevard project to include high-visibility crosswalks on the north and west legs, in addition to the east leg, and added lighting improvements. The Plan also includes an evaluation of removing the slip lane that currently allows free right turns; this will require additional analysis and design in the future. •Lighting – Commissioners commented that the importance of lighting to ensure safety for those commuting during nighttime hours should be highlighted in the Plan. Upon review, additional text was added to Chapter 3: Needs Assessment to emphasize lighting as a contributing factor to pedestrian safety and comfort, particularly for those using transit in the early morning and late evening hours.

Next Steps
Once adopted, staff will begin implementing projects in the Plan through the strategies presented in the implementation chapter.

BUDGET IMPACT:

The development of City’s Transit-Oriented Development Pedestrian Access Plan was funded by the Transit-Oriented Development Pedestrian Access Study Project (46M003). The adoption of the Plan does not have a budgetary impact.

ENVIRONMENTAL DETERMINATION:

The Transit-Oriented Development Pedestrian Access Plan is statutorily exempt from CEQA under Public Resources Code Sections 21080.20 and 21080.25 because all the proposed projects in the Plan are consistent with CEQA-exempt transportation projects as provided by SB 288. Individual projects in the Plan are not yet funded, and each project will require a separate CEQA analysis at the time of design and construction. Additionally, the Plan is not a project subject to CEQA because it can be seen with certainty that adoption of the Plan itself will not cause physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 - Draft Transit-Oriented Development Pedestrian Access Plan Att 3 – Environmental Document

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STAFF CONTACT
Nicolette Chan, Assistant Transportation Planner
[email protected]
(650) 522-7326
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

ADOPTION OF THE CITY OF SAN MATEO

TRANSIT-ORIENTED DEVELOPMENT PEDESTRIAN ACCESS PLAN
WHEREAS, the City of San Mateo was awarded a Transportation Development Act (TDA) Article 3 grant in fiscal year 2019-20 to develop a Transit-Oriented Development Pedestrian Access Plan; and WHEREAS, the Transit-Oriented Development Pedestrian Access Plan was developed collaboratively by working with City Council, the Sustainability and Infrastructure Commission, and the community; and
WHEREAS, the Transit-Oriented Development Pedestrian Access Plan assesses the pedestrian facilities within a one-half mile radius around the City’s three Caltrain stations and high-quality transit stops, recommends pedestrian improvements on paths leading to transit within the study area, and contains an implementation strategy and planning-level cost estimates to fund and construct improvements in the Plan; and,
WHEREAS, the Transit-Oriented Development Pedestrian Access Plan is statutorily exempt from CEQA because all proposed projects in the Plan qualify as transportation-related projects exempt from CEQA under Public Resources Code Sections 21080.20 and 21080.25 (SB 288); and, WHEREAS, on October 12, 2022, the Sustainability and Infrastructure Commission recommended that the City Council adopt the Transit-Oriented Development Pedestrian Access Plan; and
WHEREAS, staff is recommending that the City Council adopt the Transit-Oriented Development Pedestrian Access Plan.

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

1. CEQA. The Transit-Oriented Development Pedestrian Access Plan is not a project subject to CEQA because it can be seen with certainty that it will not cause physical change in the environment (Public Resources Code Section 21065). Furthermore, all proposed projects in the Plan qualify as transportation-related projects exempt from CEQA under Public Resources Code Sections 21080.20 and 21080.25 (SB 288).

2. The City Council of the City of San Mateo hereby adopts the City of San Mateo Transit- Oriented Development Pedestrian Access Plan attached to the accompanying administrative report.

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The full Draft Transit-Oriented Development Pedestrian Access Plan is available to view and download on the City’s website: www.cityofsanmateo.org/TransitWalk.

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INTRODUCTION
The City of San Mateo’s Transit-Oriented Development Pedestrian Access Plan (the Plan) focuses on improving conditions for pedestrians around the City of San Mateo’s three Caltrain stations (Downtown, Hillsdale, Hayward Park) and El Camino Real. The Plan’s development included creating an inventory of facilities and existing conditions, conducting community outreach and engagement, and project prioritization. The Plan proposes pedestrian-related improvements at priority locations throughout the Plan area, such as high-visibility crosswalks, pedestrian scale lighting, widened sidewalks, and wayfinding.

The proposed projects under the Plan are statutorily exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) under Senate Bill no. 288 (Wiener) [Chapter 200, Statutes of 2020]. The legislation (detailed below) expands the list of transit and transportation projects exempt from CEQA, including all proposed projects in the Transit- Oriented Development Pedestrian Access Plan.

This memorandum provides an overview of the statutory exemption through SB 288, a brief project description, and a description of how the project qualifies for the exemption with a SB 288 checklist.

Memorandum
DATE September 16, 2022
TO
Sue-Ellen Atkinson, Principal
Transportation Planner
Nicolette Chan, Assistant Transportation
Planner

Cc: Matt Goyne, Senior Associate, Fehr &
Peers
Ingrid Ballus Armet, Senior
Transportation Engineer

FROM
Carla Violet, Principal
Curtis Banks, Principal
Hannah Chan Smyth, Planner
RE: San Mateo TOD Pedestrian Access Plan CEQA Statutory Exemption

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August 16, 2022