CITY OF SAN MATEO
City Council Regular Meeting
February 6, 2023
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street
COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.
AGENDA
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:
February 6, 2023
To join via telephone: (408) 638-0968
Webinar ID: 828 4189 3651 Passcode: 006342
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.
Council Member Rich Hedges will teleconference into this meeting from:
2405 Kalanianaole Avenue – PH-11 Hilo, Hawaii 96720
CALL TO ORDER
Pledge of Allegiance
Roll Call
CEREMONIAL
1. Black History Month – Proclamation
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.
2. City Council Meeting Minutes – Approval
Approve the minutes of the City Council special meeting of December 1, 2022; regular meeting of December 5; adjourned regular meeting of December 7; adjourned regular and special meetings of December 12; special and regular meetings of January 3, 2023 and January 17, 2023; and the special meeting of January 24, 2023.
CEQA: This minutes 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).)
3. City Council 2023 Regular Meeting Calendar Update – Adoption Adopt the updated City Council Regular Meeting Schedule in observance of the federal and state holiday of Juneteenth.
1 of 201
CEQA: This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
4. Peninsula Heights South Phase, 2655 & 2755 Campus Drive – Final Map & Subdivision Improvement Agreement Adopt a Resolution to approve the final map and the subdivision improvement agreement for the Peninsula Heights South Phase subdivision located at 2655 & 2755 Campus Drive and authorize the Public Works Director to sign the agreement in substantially the form presented.
CEQA: This action is not a project subject to CEQA, because approval of the final map and the subdivision improvement agreement is a ministerial act and falls within the scope of the project approvals and CEQA findings previously made by the Planning Commission. The environmental impacts of the proposed public improvements were analyzed in the mitigated negative declaration that was prepared for the Project. (CEQA Guidelines Section 15268)
5. Permanent Local Housing Allocation – Grant Application Adopt a Resolution to re-apply to the State of California for Permanent Local Housing Allocation grant program and amend the 5-year funding plan.
CEQA: This resolution is in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(4), submitting an application for grant funding is not a project subject to CEQA to the extent that it is a funding activity that does not involve commitment to a particular project that will impact the environment.
However, in accordance with Public Resources Code Section 21065, to the extent that the funds are committed to specific projects, the City’s commitment of those funds is not a project subject to CEQA because the funds will be used to subsidize operational expenses which will not impact the environment.
6. Enterprise Resource Planning Software Licensing, Maintenance and Support Services – Amendment Approve Amendment No. 1 to the agreement with Tyler Technologies, Inc. for Eden financial, human resources, and payroll annual maintenance and support in the amount $112,636.15 for the period covering January 1, 2023 through December 31, 2023, and authorize the Information Technology Director to execute the amendment in substantially the form presented.
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).)
7. Minimum Wage Enforcement Services – Agreement
Approve an agreement with City of San Jose's Office of Equality Assurance for Minimum Wage Ordinance Enforcement services in the amount of $30,000 and authorize the City Manager to execute the agreement in substantially the form presented.
CEQA: This agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)
8. Property Tax In-Lieu of Vehicle License Fee Shortfall – Letter of Support Authorize the Mayor to sign a letter of support on behalf of the City Council to State officials requesting their assistance in getting the Property Tax in-lieu of Vehicle License Fee shortfall backfill included in the Governor’s May Revise budget.
2 of 201
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).)
9. Councilmember Rich Hedges City Absence – Approval Request Approve a request from Councilmember Rich Hedges to be continuously absent from the city for more than 30 days, during the period February 2, 2023 through March 31, 2023.
CEQA: This request 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).)
10. Parks and Recreation Bulk Printing and Mailing – Purchase Order Authorization Adopt a Resolution to approve an alternative bidding process, approve a purchase order with Folger Graphics for bulk printing and mailing of the recreation activity guides and summer booklet in the amount of $150,000, with the understanding that approximately $60,000 in expenditures have already been incurred but not paid, and authorize the Director of Parks and Recreation to execute the purchase order in substantially the form presented.
CEQA: This agenda item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)
11. Landscape Maintenance Services Agreement – Amendment Approve Amendment No. 1 with Brightview Landscape Services to add up to $25,000 to the agreement for the provision of landscape maintenance services in the downtown area, for a new not to exceed amount of $137,840; and authorize the Director of Parks and Recreation to execute the Amendment and up to three (3) one-year extensions.
CEQA: This amendment is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)
12. Official Visit to Sister City Toyonaka, Japan – Approval Receive a formal invite from Mayor Shigeki Osanai of Toyonaka City to travel to Japan to celebrate the 60th Anniversary of the Sister City relationship in October 2023; authorize a written response from Mayor Lee accepting the invitation; and direct the City Clerk to do all things necessary and proper to ascertain Council Member interest in attending and return to Council with a budget appropriation, if needed.
CEQA: The receipt of a formal invitation and approval of a written response 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).)
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
3 of 201
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. 1654 S. Grant St. Unit #2 – Property Owner Appeal of Permanent Relocation Costs Deny the appeal and uphold the notice to the Property Owner requiring reimbursement to the City of San Mateo for permanent relocation benefits provided to the tenants residing at 1654 S. Grant St. Unit #2 due to unlawful substandard living conditions pursuant to San Mateo Municipal Code Chapter 7.50 “Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units;” and direct staff to draft a Statement of Decision reflecting the City Council’s determination.
CEQA: This appeal 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).)
NEW BUSINESS
14. 2022-23 Mid-Year Budget Update and Measure CC Options Receive the 2022-23 Mid-Year Budget Update; adopt a resolution to approve supplemental budget appropriations in the amount of $2,488,852 of additional property tax to: 1) increase transfers out from the General Fund by $2,400,000 to the 2% TOT Fund (Fund 56); and 2) to increase the Department of Information Technology operating budget by $88,852 for software subscription fees; and provide direction on Measure CC options.
CEQA: This mid-year budget update is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.
ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:
Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
WATCHING A MEETING ON TV:
City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.
For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.
WATCHING A MEETING ON A COMPUTER:
There are three ways to stream.
1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings
2) City YouTube channel and stream it on YouTube:
http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream
PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.
During the meeting
By Zoom:
Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.
By telephone:
Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for
4 of 201
consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.
In Person:
At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.
ACCESSIBILITY:
In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]
. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting.
5 of 201
CITY OF SAN MATEO
3 8
8 7
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 2 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 23-7135 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 06, 2023
SUBJECT:
City Council Meeting Minutes - Approval
RECOMMENDATION:
Approve the minutes of the City Council special meeting of December 1, 2022; regular meeting of December 5; adjourned regular meeting of December 7; adjourned regular and special meetings of December 12; special and regular meetings of January 3, 2023 and January 17, 2023; and the special meeting of January 24, 2023.
BUDGET IMPACT:
There is no budget impact associated with this administrative item.
ENVIRONMENTAL DETERMINATION:
This minutes 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 2022-12-1 Special
Att 2 – Minutes 2022-12-5 Regular
Att 3 – Minutes 2022-12-7 Regular Adjourned
Att 4 – Minutes 2022-12-12 Special
Att 5 – Minutes 2022-12-12 Regular Adjourned
Att 6 – Minutes 2023-01-03 Special
Att 7 – Minutes 2023-01-03 Regular
Att 8 – Minutes 2023-01-17 Special
Att 9 – Minutes 2023-01-17 Regular
Att 10 – Minutes 2023-01-24 Special
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
6 of 201
City Council Special Meeting Minutes – 1/24/2023 Page 1 6 1
6 5
COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
January 24, 2023
City Hall Council Chambers 6:00 PM
Special Meeting
CALL TO ORDER at 6:00 p.m.
Roll Call
Present: Mayor Lee, Deputy Mayor Diaz Nash, Council Members: Hedges, Loraine, and Newsom
CEREMONIAL
1. Human Trafficking Prevention Month – Proclamation - Ruth Robinson, Sisters Against Slavery, and Participant with San Mateo County Human Trafficking Initiative received the proclamation.
NEW BUSINESS
2. General Plan Amendment to Adopt the City of San Mateo's Housing Element for 2023-2031 Eloiza Murillo Garcia, Housing Manager, and Zach Dahl, Community Development Deputy Director, and Housing Consultant Diane Elrod provided a presentation on an overview of the Housing Element process and actions taken to address HCD comments from the first submittal that was provided. They reviewed changes to the plan and responses to the comments.
Council recessed from 6:55 pm to 7:00 pm.
Council asked additional questions of staff.
Public Comment (37) – in support of submitting the recommended housing plan or with suggestions to continue to modify it to provide housing. In Person (12): Ken Abreu, Sierra Club; Daniel Shefen; Edward Evans; Michael Ragan; Tom Lease; Karyl Eldridge; Ted McKinnon; Mitch Speigle; Jeff LaMont; Dennis Keane; Fernando Pena, SAMCAR; and Karim Sarrat, SAMCAR & SFR owners. Remote (25): Ali Sapirman; Rick Bonilla; Ronnie Eaton; Laurie Watanuki; Mareva Godfrey; Lisa Taner; Lisa Vande Voorde; Andrea; Martha Park; Robert Whitehair; Daniel Schorr; Frances Souza; Connie W.; George; Rick Sakuda; Robin Gage; Jordan Grimes; Jacqueline; Angelina Soldatos; Laurie; Rhovy Lyn Antonio; Paul Beaudreau; Peter Mandle; George; and Adam Alberti.
Council asked additional questions of staff. Discussion ensued including concern with the Builder’s Remedy; Planning Commission actions; continue to work with HCD; share and bring HCD requested modifications to Council as soon as possible; concern with fines and deadlines; and the importance of supporting this draft to keep moving forward. Overall consensus expressed was to approve the staff recommendation with the amendment Motion to Adopt a Resolution, as amended to include the supplemental sites, to approve a General Plan Amendment to update the Housing Element for the Sixth Housing Cycle (2023-2031) that is compliant with State law, provides a plan for at least 7,015 new housing units and affirmatively furthers fair housing, and determine that adoption of the Housing Element is exempt from review under the California Environmental Quality Act, based on the listed findings included in Attachment 3. Motion passed 5-0.
7 of 201
City Council Special Meeting Minutes – 1/24/2023 Page 2 6 1
6 5
Moved: Hedges, Seconded: Diaz Nash
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
Enactment: Resolution No. 11 (2023)
ADJOURNMENT –The meeting adjourned at 8:58 p.m. following a moment of silence for those victims of gun violence in Monterey Park and Half Moon Bay.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
8 of 201
City Council Special Meeting Minutes – 12/01/2022 Page 1 6 1
6 5
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
December 1, 2022
City Hall Council Chambers 6:00 PM
Regular Meeting
CALL TO ORDER – The meeting was called to order at 6:00 p.m.
Pledge of Allegiance
Roll Call
Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee and Goethals Excused: Council Member Rodriguez
PUBLIC HEARING
1. 222 E. 4th Avenue (Draeger’s Market) – New Five-Story Retail/Office/Residential Mixed-Use Building Wendy Lao, Associate Planner, provided the staff presentation on the Draeger’s Market mixed use project (PA- 2021-071). Council asked questions of staff. Marcus Gilmour, Lane Partners, provided the Applicant presentation and highlighted the design and other changes since the beginning of the project. Council had no questions of staff or the applicant.
Public Comment – Richard Draeger stated he is in favor and is proud of the design. Laurie Watanuki spoke of concern with the driveway entrance on 5th Avenue and asked for traffic calming measures. Laurie Hietter stated concern with traffic impacts from the 18 projects downtown. Steve Sirianni stated San Mateo could use more affordable work force housing. Dan stated support noting the outstanding public plaza. Rich Hedges recommended setting the truck routes. Carlos Valdez, Carpenters Local Union 217, indicated the need for livable wages in the community. J Kraft recommended Council to approve the project.
Council asked questions of staff and the applicant and discussion ensued. Council recessed at 7:17 pm and reconvened at 7:25 pm.
Council recommended modifying Condition of Approval Option 1 to clarify City Manager or his/her designee. The applicant agreed to that modification. Manira Sandhir, Planning Manager; Christina Horrisberger, Community Development Director, and Sue-Ellen Atkinson, Principal Transportation Planner, answered additional Council questions.
Motion to Adopt a Resolution, as amended with conditions of approval option 1, to approve the Site Plan and Architectural Review (SPAR) and Site Development Planning Application (SDPA) for construction of a new five- story mixed-use building consisting of 10 below market rate (BMR) residential units, 17,658 square feet of retail use for a grocery store, and 104,554 square feet of office use at 222 E. 4th Avenue; to approve an Affordable Housing Plan; and to adopt an Addendum to the 2010 General Plan Environmental Impact Report (EIR) and 2009 Downtown Area Specific Plan Initial Study/Mitigated Negative Declaration (IS/MND) under the California Environmental Quality Act (CEQA), based on the Findings for Approval and as conditioned. Motion passed 4-0.
9 of 201
City Council Special Meeting Minutes – 12/01/2022 Page 2 6 1
6 5
Moved: Papan, Seconded: Lee
Ayes: Bonilla, Papan, Lee, Goethals
Noes: None
Enactment: Resolution No. 137 (2022)
ADJOURNMENT –The meeting adjourned at 7:52 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice Olds, City Clerk
10 of 201
City Council Regular Meeting Minutes – 12/05/2022 Page 1
COUNCIL MEMBERS
Rick Bonilla, Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez
Vacant
CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Monday, December 5, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER - The meeting was called to order at 7:00 p.m.
Pledge of Allegiance
Roll Call
Present: Mayor Bonilla, Council Members: Lee, Goethals and Rodriguez
CONSENT CALENDAR
The following items, 1 through 11, were considered to be routine by the City Council. 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 4-0.
Moved: Rodriguez, Seconded: Goethals
Ayes: Bonilla, Lee, Goethals and Rodriguez
Noes: None
1. City Council Meeting Minutes - Approval
Approve the minutes of the City Council special and regular meetings of November 21, 2022.
2. General Municipal Election November 8, 2022 - Certification of Results Adopt a Resolution to declare the results of the General Municipal Election held on November 8, 2022 as presented in the Certificate and Statement of Results of Votes Cast for the City of San Mateo.
Enactment: Resolution No. 138 (2022)
3. Excess Workers' Compensation Insurance Policy for Calendar Year 2023 – Purchase Approve the purchase of excess workers’ compensation insurance from Safety National in an amount projected to be $226,224 for the one-year period commending January 1, 2023 and ending December 31, 2023.
4. Objective Design Standards for Multi-Family Dwellings – Contract Amendment Approve Amendment No. 2 to the agreement with MIG, Inc. for the preparation of Objective Design & Development Standards for Multi-Family Dwellings to extend the term of the agreement through December 31, 2023 and authorize the City Manager to execute the amendment.
5. Kiku Public Downtown Garage Electric Vehicle Charger Fund Reservation – Agreement Adopt a Resolution to authorize the City Manager to enter into a Fund Reservation Agreement with Peninsula Clean Energy for the City to receive $54,000 to offset the expenses of the electric vehicle chargers that will be installed in the Kiku Public Downtown Garage at 400 E. 5th Avenue and appropriate the funds to the Transportation Cost Center of the Downtown Services Fund.
11 of 201
City Council Regular Meeting Minutes – 12/05/2022 Page 2
Enactment: Resolution No. 139 (2022)
6. Year-end Financial Reports for the Fiscal Year Ended June 30, 2022 - Acceptance Formally accept and approve the year-end financial reports for the fiscal year ended June 30, 2022.
7. Receipt and Use of Development Impact Fees and In-Lieu Fees – Annual Report Adopt a Resolution to make findings and accept the annual report on the receipt and use of development impact fees and in-lieu fees for the year ended June 30, 2022.
Enactment: Resolution No. 140 (2022)
8. Enterprise Resource Planning System Replacement Project – Change Order CO2 Approve Change Order C02 to the agreement with Collaborative Solutions for providing an additional 12 weeks of post-production support for the enterprise resource planning system replacement in the amount of $64,800, for a new total of $1,363,520 for Phase I, and a new agreement total of $2,606,660.
9. Enterprise Resource Planning System Replacement Project – Change Order C03 Approve Change Order C03 to the agreement with Collaborative Solutions for extending the Phase II timeline by an additional 14 weeks for the enterprise resource planning system replacement project in the amount of $260,235, for a new Phase II total of $1,503,375 and a new agreement total of $2,866,895.
10. Building Inspections, Permit Technician, Off-Site Plan Review, and Code Enforcement Inspection Services – Amendment
Approve Amendment No. 1 to the agreement with 4LEAF, Inc. for professional consultant services for building Inspections, permit technician, off-site plan review, and code enforcement inspection services to extend the term through January 31, 2023, and increase the agreement amount by $161,000 for a new agreement total of $260,000.
11. Marina Branch Library Improvement Project – Grant Funding Adopt a Resolution to authorize an application for and accept funding in the amount of $458,600 from the Building Forward Library Infrastructure Grant Program for the Marina Branch Library Improvement Project with a commitment of local matching funds in the same amount; and authorize the City Manager to execute all required documents.
Enactment: Resolution No. 141 (2022)
PUBLIC COMMENT
Jeff LaMont requested vote for Mayor be postponed until fifth member of Council is seated.
CEREMONIAL
12. Recognition of Outgoing Council Members
City Clerk Patrice Olds presented a slideshow of outgoing Council Members showing activities from their time of service as electeds.
12 of 201
City Council Regular Meeting Minutes – 12/05/2022 Page 3 Mayor Bonilla read and presented Commendatory Resolution No. C-8 to Council Member Eric Rodriguez for his five years of service as a Council Member and as Mayor in 2021. Council Member Rodriguez provided personal comments and his council colleagues provided appreciation for his years of service.
Mayor Bonilla read and presented Commendatory Resolution No. C-9 to Council Member Joe Goethals for his nine years of service as a Council Member and as Mayor in 2016 and 2020. Council Member Goethals provided personal comments and his council colleagues provided appreciation for his years of service.
Council Member Lee read and presented Commendatory Resolution No. C-10 for Council Member Rick Bonilla for his eight years of service as a Council Member and as Mayor in 2018 and 2022.
Mayor Bonilla provided personal comments and his council colleagues provided appreciation for his years of service.
Public Comment: Brian Perkins on behalf of Congresswoman Jackie Spier presented congressional records to Eric Rodriguez; Joe Goethals; and Rick Bonilla. Nicole Fernandez on behalf of Assemblymember Mullin’s and Senator Becker provided a legislative commendation. Michael Nash, Michael Weinhauer, and Lisa Tanner on behalf of San Mateo United Homeowners Association commended Eric Rodriguez. Maureen Freschet expressed appreciation to the Council Members.
Warren Lieberman expressed appreciation to Council Member Goethals on behalf of the SMCFD board. Also expressing appreciation: Tom Lease; Joshua Howard; Raayan Mohtashemi; Noelia Corzo; Ken Chin; Fire Chief Kent Thrasher; Mollie Naber; Jordan Grimes; Lauren Fitzgerald; Julia Mates; Ligia Andrade Zuniga; Sam Hosmer speaking on behalf of Charles Stone; Julie Lind; Alexis Lewis; Giselle Hale; Francis Liu; Julia Au of rethinkWaste.
Following a presentation of gifts to the exiting council members and their family members, Council Members Rodriguez, Goethals and Mayor Bonilla exited the dais to standing ovation.
13. Oath of Office for Newly Elected Council Members
City Clerk Olds administered the oath of office to each newly elected Council Members Adam Loraine, Lisa Diaz Nash and Robert J. Newsom, Jr. The new council members took their seat on the dais and provided brief comments.
Public Comment: Sofia & Olivia Morgan spoke in support of Rob Newsom; Marlene Tam; Mitch Speigle and Alexis Lewis spoke in support and with congratulations for the new council.
14. City Council Reorganization
Drew Corbett, City Manager, provided a brief presentation outlining the mayor rotation guidelines and charter requirements. Council asked questions of staff. Council called for public comment first.
Public Comment in support or opposition to the waiting to select the Mayor until the fifth council member is seated by appointment. Michael Ragan; Evan Adam; Peter Mandle; Ruthmary Cradler; Laurie Hietter; Suzanne Bonilla; Ken Abreu; Ronnie K. Eaton; Mareva Godfrey; Caiti Busch; Connie Weiss; Dave Cohen; Dianne Whitaker; Ricki McGlashan; David Clark; Alan Mattlage; Lisa Vande Voorde; Elaine Salinger; Michelle Hudson; Thomas Weissmiller; Noelia Corzo; Richard Ballard; Nicole Fernandez; Sarah Fields; Raayan Mohtashemi; Lisa Taner; Michael Weinhauer; Seema Patel; Linda Segervall; Virginia McIsaac; Alexandra Dove; Rick Bonilla; Chris Sturken; Jordan Grimes; and Emily Ann Ramos; Sean Lacson; Doug D.; Jonathan New; David Hunt; Martha Park; Alexis Lewis; Martin Wiggins; Robert and Teri Whitehair; Karen Herrel; Taso Zografos; Gary Trott; Gene Alston;
13 of 201
City Council Regular Meeting Minutes – 12/05/2022 Page 4 Stephen Chen; Giselle Hale; Kevin Simpson; Robert Anderson; and Alexander Meledrez spoke to the item remotely.
Following the public comment, council discussion ensued with additional questions of staff.
Nominations were made for Mayor and Deputy Mayor but no majority was reached. # Motion Mover Second Lee Loraine Diaz
Nash Newsom Result
1 Nominate Lee
for Mayor Loraine Lee Yes Yes No No 2-2 Fail
Council recessed at 10:32 pm and reconvened at 10:44 pm.
Council discussion ensued and a motion was made to continue the meeting to December 13, 2022 by Newsom and seconded by Nash.
# Motion Mover Second Lee Loraine
Diaz
Nash Newsom Result
2 Adjourn to
12/13/23 Nash Newsom No No Yes Yes 2-2 Fail
Following that vote a third motion was introduced.
# Motion Mover Second Lee Loraine
Diaz
Nash Newsom Result
3 Nominate Lee for
Mayor and
Newsom for
Deputy Mayor Loraine Lee Yes Yes No No 2-2 Fail
Additional discussion ensued amongst the council members with another motion. # Motion Mover Second Lee Loraine
Diaz
Nash
Newso
m Result
4 Nominate Lee for
Mayor and Nash
as Deputy Mayor Loraine Lee Yes Yes No No 2-2 Fail
Additional discussion ensued with another motion introduced. # Motion Mover Second Lee Loraine
Diaz
Nash
Newso
m Result
5 Adjourn to 12/13 Nash Newsom No No Yes Yes 2-2 Fail
Per Council Guidelines, at 11:00 pm Council, by consensus, agreed to continue with the meeting.
Council, by consensus, agreed to reopen public comment. Speaking in support or in opposition to seating the Mayor now or after the appointment of the fifth council member: Michael Weinhauer; Michael Ragan; Thomas Morgan; Nancy Schneider; David Clark; Seema Patel; Michael Nash; Raayan
14 of 201
City Council Regular Meeting Minutes – 12/05/2022 Page 5 Mohtashemi; aryl Eldridge; Dave Cohen; Rebecca Schaaf; Nicole Fernandez; Sarah Fields; Lauren Fitzgerald; Lisa Taner; Ted McKinion; Suzanne Bonilla; Connie Weiss; Rev. Ben Meyers; Elaine Salinger; Toby Peterson; Mareva Godfrey; Noelle Chard; Mitch Speigle; Richard Ballard; Emily Ann Ramos; Noelia Corzo; Jacki Rigoni; Jordan Grimes; and Ken Chin. Speaking remotely: Kevin Simpson; Maggie Trinh; Sean Lacson; Christopher Brousseau; Max Mautner; Teri Whitehair; H. Hewitt; Ligia Andrade Zúniga; Stephen Chen; Virginia McIsaac; Robin; Belinda; Caiti Busch; Jennifer Holthaus; Joe; Jonathan New; Gene Alston; Taso Zografos; Dr. Liz Lyster; Alexis Lewis; Tim; Michael; Doug D.; and Thomas Weissmiller; Maggie Trinh; Sean Lacson; Christopher Brousseau; Max Mautner; and Robert Whitehair.
Council discussion and deliberation ensued with points raised regarding the charter requirements, the Council Guidelines intent, opportunities from the first district elections, purpose and importance of the tie-breaking vote, importance of tradition, precedence, and established protocols, the process for adjourning the meeting to a date certain and individual positions stated for seating the Mayor after the fifth council member is appointed on December 12th versus seating the Mayor tonight and allowing the appointment process to proceed after. Between the sixth and seventh vote compromises were proposed and discussed.
# Motion Mover Second Lee Loraine
Diaz
Nash Newsom Result
6 Nominate Lee for
Mayor Loraine Lee Yes Yes No No 2-2 Fail
7 Nominate
Newsom for
Deputy Mayor* Lee Loraine Yes Yes No No 2-2 Fail
Different methods of reaching consensus of selecting a mayor were discussed. Staff responded to Council Members questions on the law and possible processes.
Council recessed from 1:09 am and reconvened at 1:27 am.
Council discussed the process for adjourning the meeting to December 7th to continue the discussion with fresh perspectives. More deliberations ensued with no consensus being reached until the motion to adjourn the regular meeting to December 7, 2023 at 7 pm. # Motion Mover Second Lee Loraine
Diaz
Nash Newsom Result
8 Adjourn to
12/13 Diaz Nash Newsom No No Yes Yes 2-2 Fail
9 Continue to
12/8/22 Withdrawn - - - - - -
10 Adjourn to
12/7 Diaz Nash Newsom No Yes Yes Yes
3-1
Passes
REPORTS AND ANNOUNCEMENTS
There were none.
ADJOURNMENT –The meeting adjourned at 2:59 p.m.
15 of 201
City Council Regular Meeting Minutes – 12/05/2022 Page 6 APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
16 of 201
City Council Regular Meeting Adjourned Minutes – 12/07/2022 Page 1 6 1
6 5
COUNCIL MEMBERS
Amourence Lee
Lisa Diaz Nash
Rob Newsom Jr.
Adam Loraine
Vacant
CITY OF SAN MATEO
Regular Meeting Minutes
City Council Continued Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
December 7, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting Continued
CALL TO ORDER – The meeting was called to order at 7:00 p.m.
Pledge of Allegiance
Roll Call
Present: Lee, Nash, Newsom, and Loraine
OLD BUSINESS
1. December 5, 2022 Ceremonial Item 14 – City Council Reorganization CONTINUED The City Manager convened the Council meeting and noted this was a continuation from the adjourned Regular City Council meeting of December 5, 2022 for the nominations and selection of the Mayor followed by the drawing of lots to establish the Deputy Mayor rotation from the new members.
Council members provided comments on their position with which action should come first the selection of the Mayor or the appointment of the fifth member.
# Motion Mover Second Lee Loraine
Diaz
Nash Newsom Result
11 Nominate Lee for Mayor Loraine Lee Yes Yes No No 2-2 Fail Council deliberation and discussion ensued. Council, by consensus, opted to reopen public comment. The meeting recessed at 7:11 pm to allow time for speakers to fill out speaker slips and reconvened at 7:17 pm.
Public Comment – 96 speakers
In person (63) Claire Mack; Charlotte Cheng; Kevin Simpson; Denise Terry; Jeff LaMont; Michelle Hudson; Mia Clapham; Justin Alley; Susan Blockstein; Noelia Corzo; Suzanne Bonilla; Owen Day; Phoebe Shin Venkat; Pam Rittelmeyer; Lisa Taner; Nathan Chan; Ken Abreu; Connie Weiss; Dave Cohen; Jim Sell; Alex Dersh; Evan Adams; Chris Eckert; Nicole Fernandez; Chris Brousseau; Ethan Mizzi; Mary Cravalho; David Pollack; Noelle Chard; Jack Matthews; Nina Potsdiadlo; Karyl Eldridge; Rick Bonilla; Sarah Fields; Mitch Speigle; Alison Proctor; Christopher Conway; Anthony Ng; Michael McCutchin; Michael Ragan; Rev. Ben Meyers; Alan Mattlage; Rebecca Schaaf; Nancy Schneider; Barbara Pavicic; Lisa Vande Voorde; Belinda Chlouber; Gloria Moreno; Tom Lease; Tanner Walters; Jacki Rigoni; Michael Weinhauer; Imelda Navarro; Chelsea Bonini; Virginia McIsaac; Drew; Marline Tam; Lauren Fitzgerald; Jordan Grimes; Anders Fung; Elaine Salinger; Karen Sid; and Margarita Garcia.
Remote (33): Craig/Derrick; Auros Harman; Julie Lind; Rick Ballard; Rafael Reyes; Robert Whitehair; Raayan Mohtashemi; Arielle Angel; Alexandra Dove; Annette Lin; Gary Trott; Caiti Busch; Jay Ford; Angelica Ramos-Allen; Rena Korb; Brian Kiefer; Alexis Lewis (NAACP); Anne Paulson; Karen Herrel; Anjuli Mishra; Sean Lacson; Maggie
17 of 201
City Council Regular Meeting Adjourned Minutes – 12/07/2022 Page 2 6 1
6 5
Trinh; Helen Tong-Ishikawa; Stephanie Reyes; Peter Mandle; Chester Fung; Zack Rozlen; Alexander Melendrez; Thomas Morgan II; Ali Sapirman; Dr. Liz Lyster; Marty Jordan; and Antonio Lopez.
Council recessed from 9:13 p.m. and reconvened at 9:24 p.m.
City Manager Corbett reconvened the meeting turned it back to Council for their questions, comments and deliberations. Council asked questions of staff to address comments made by members of the public with regard to charter violations and it was clarified that this is still the first meeting in December as it is an adjourned meeting of the December 5th meeting; historically there has been precedence for the rotation being taken out of order; that the operations of the city in an emergency situation would continue as the City Manager is Director of Emergency services; and further clarification about the charter process and mayor’s powers. Council restated their positions and debate continued.
# Motion Mover Second Lee Loraine
Diaz
Nash Newsom Result
12 Adjourn to consider after
12/12 meeting on the
14th at 7 pm
Diaz
Nash Newsom No No Yes Yes 2-2 Fail
Additional discussion continued.
# Motion Mover Second Lee Loraine
Diaz
Nash Newsom Result
13 Adjourn to 12/14
Diaz
Nash Newsom No No Yes Yes 2-2 Fail
Council recessed from 11:10 and reconvened at 11:28 pm
Discussion ensued on whether to continue the meeting.
# Motion Mover Second Lee Loraine
Diaz
Nash Newsom Result
14 Adjourn to 12/14
Diaz
Nash Newsom No No Yes Yes 2-2 Fail
Council discussion ensued on ways to come to consensus. Council Member Lee reported she had been approached by third parties to barter for her vote for a preferred council candidate for appointment. # Motion Mover Seconder Lee Loraine
Diaz
Nash Newsom Result
15 Nominate Lee for
Mayor Loraine Lee Yes Yes No No 2-2 Fail
At midnight City Manager Corbett stated it was clear that Council was not making progress and that keeping everyone here and not getting anywhere is not a good use of anyone’s time.
18 of 201
City Council Regular Meeting Adjourned Minutes – 12/07/2022 Page 3 6 1
6 5
# Motion Mover Second Lee Loraine
Diaz
Nash Newsom Result
16 Adjourn to
immediately following
the 12/12 meeting Lee
Diaz
Nash Yes Yes Yes Yes
4-0
Passes
ADJOURNMENT –The meeting adjourned at 12:01 p.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
19 of 201
City Council Special Meeting Minutes – 12/12/2022 Page 1 6 1
6 5
COUNCIL MEMBERS
Amourence Lee
Adam Loraine
Lisa Diaz Nash
Rob Newsom Jr.
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
December 12, 2022
City Hall Council Chambers 6:00 PM
Special Meeting
CALL TO ORDER – The meeting was called to order at 6:00 p.m.
Pledge of Allegiance
Roll Call
Present: Lee, Nash, Newsom, and Loraine
City Manager Corbett reviewed the purpose and process for this meeting.
CONSENT CALENDAR
The following consent calendar item was considered to be routine by the City Council. After the title of the item was read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 4-0.
Moved: Lee, Seconded: Newsom
Ayes: Lee, Newsom, Loraine, Diaz Nash
Noes: None
1. General Municipal Election November 8, 2022 – Certification of Results Motion to Adopt a resolution to declare the results of the General Municipal Election held on November 8, 2022 as presented in the Certificate and Statement of Results of Votes Cast for the City of San Mateo
Enactment: Resolution No. 142 (2022)
NEW BUSINESS
1. City Council Vacancy - Applicant Interviews and Presentation The Council asked questions regarding the selection process and how the vote would be conducted.
The following applicants for City Council gave a 10 minute presentation and Council asked questions of each applicant:
a) Michael Ragan
b) Mason Fong
c) Max Mautner
d) Rich Hedges
e) Cliff Robbins
f) Pablo Quintanilla
g) Chris Conway
h) John Ebneter
Council recessed from 8:00 pm and reconvened at 8:13 pm.
Public Comment (91) regarding the appointment of the fifth council member and comments on the Mayor appointment:
20 of 201
City Council Special Meeting Minutes – 12/12/2022 Page 2 6 1
6 5
In person (59): Linda Bauld; Suzanne Bonilla; Erin Chazer; Raayan Mohtashemi; Rick Bonilla; Stephen Floor; David Heuer; Mareva Godfrey; Marlene Tam; Chris Brousseau; Cindy Hui; Chris Cavigioli; Willa Falk; Peter Yeatrakas; Craig Arnot; Salesh Kumar; Brandt Grotte; Fred Hansson; Caiti Busch; Justin Alley; Peter Hanley; Jack Matthews; Alicia Ong; Connie Weiss; Yiming Luo; Jaci Rigoni; Shelley Kessler; Michelle Hudson; Sue Blockstein; Nancy Schneider; Ted McKinnon; Megan Strain; Jeremy Sonper; Jordan Grimes; Ali Sapirman; David Eligator; Lena Lee; Tom Lease; David Clark; Charlotte Cheng; David Nault; Sarah Fields; Lauren Fitzgerald; Ethan Mizzi; Noelle Langmack; Owen Day; Brian Ponty; Stephen Chen; Jeff LaMont; Melinda Dart; Vikas Maturi; James Coleman; Mark Davis; Dave Cohen; Ray Ticer; Lisa Vande Vorde; Alexis Lewis; and Margaret Lukens.
Remote (32): Wayne Lee; Rev Penny Nixon; Sandy Backman; Jenny Michel; Becky Schaaf; Ron Lind; Michele Brown; Heather Anne; Ed Taylor; Zac Bowling; Tom Barrett; Robert Whitehair; Joel Kohn; David Lim; Brian Kiefer; Ellen Wang; Kio T-I; Michael Weinhauer; H. Hewitt; Linda Hedges; Martha Park; George; Rob Anderson; Virginia McIssac; Mitch Speigle; Dana Sahae; Christine Padilla; Shana Bryant; Gustavo Hornos; Irving Torres; Jonathan Buenemann; and Kai Cassel.
Council Recessed from 9:53 pm and reconvened at 10:06 pm.
Council expressed appreciation for all of the applicants and provided their comments and preferences on their top three or four candidates and explained their criteria for evaluating the candidates. Loraine’s number one was Rich Hedges followed by Cliff Robbins and Pablo Quintanilla. Lee’s number one choice is Rich Hedges, followed by Mason Fong and Pablo Quintanilla and John Ebneter tied for third followed by Cliff Robbins in fourth. Diaz Nash’s number one was Cliff Robbins and number two was Mason Fong. Newsom‘s was a tie for Rich Hedges and Cliff Robbins followed by Pablo Quintanilla.
Council by ballot voted for their top choice for appointee. The City Attorney collected and tabulated the ballots and the Clerk read the vote into the record. Lee and Newsom for Cliff Robbins and Loraine and Lee abstained, 2-0- 2 in a split vote that means no one is chosen.
Council Member Lee announced her decision to abstain from the vote as the process has been tainted by multiple attempts to extort her vote for a candidate in exchange for the mayor seat. She announced she was approached by others to vote for their candidate in exchange for the mayorship and to not remove planning commissioners.
She announced that she was approached by others to vote for Cliff Robbins, and because of this she thought consideration of his application should be set aside. She announced that due to the tainting of the selection process, proceedings should be halted and first elect a mayor and deputy mayor. Council Member Diaz Nash objected to the allegations without any proof or names and concern with the reputation harm to Cliff Robbins.
Much discussion ensued.
Motion to let Cliff Robbins speak for himself. Motion passed 4-0.
Moved: Newsom; Second Diaz Nash
Ayes: Newsom, Diaz Nash, Lee and Lorraine
Noes: None
Cliff Robbins stated “I have never engaged in any sort of vote, exchange, or bartering, nor have I authorized anybody to do so and I find an unsupported accusation subjecting this entire city to the possibility of a suit for defamation. I am appalled. I just want to make very clear. My 18 year old daughter is watching this on TV. I have a reputation I've built up for 60 plus years. If you got facts, you lay them out there, but they are untrue. I've done nothing that anybody is talking about. I'm not aware of anybody. I've done anything like that on my behalf. End of story.”
21 of 201
City Council Special Meeting Minutes – 12/12/2022 Page 3 6 1
6 5
The City Attorney cautioned to only take up agendized matters.
Motion to pause the meeting and take up the adjourned meeting to vote on the Mayor and Deputy Mayor. Motion failed 2-2.
Moved: Lee; Second Loraine
Ayes: Lee and Lorraine
Noes: Newsom and Diaz Nash
Newsom motioned to do a second ballot for placing the fifth council member. Motion was withdrawn.
Newsom moved to appoint Rich Hedges to the vacant City Council seat. Motion passed 3-1.
Moved: Newsom; Second Lee
Ayes: Newsome, Lee and Lorraine
Noes: Diaz Nash
The City Clerk administered the Oath of Office to newly appointed Council Member Rich Hedges and he was seated at the dais.
ADJOURNMENT –The meeting adjourned at 11:04 p.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
22 of 201
City Council Regular Meeting Adjourned Minutes – 12/12/2022 Page 1 6 1
6 5
COUNCIL MEMBERS
Amourence Lee
Lisa Diaz Nash
Rob Newsom Jr.
Adam Loraine
Rich Hedges
CITY OF SAN MATEO
Regular Meeting Minutes
City Council Adjourned Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
December 12, 2022
City Hall Council Chambers
following Special meeting
The meeting convened upon the conclusion of the preceding City Council Special Meeting.
CALL TO ORDER – The meeting was called to order at 11:04 p.m.
Roll Call
Present: Lee, Nash, Newsom, Loraine and Hedges
OLD BUSINESS
1. December 5, 2022 Ceremonial Item 14 – City Council Reorganization CONTINUED Continued Ceremonial item from the December 5, 2022 Regular City Council Meeting, and the adjourned December 7, 2022 Regular City Council Meeting to this Adjourned Meeting on December 12, 2022 to select a Mayor and Deputy Mayor and establish the order of the mayor rotation.
Motion to nominate Amourence Lee as Mayor for 2023. Motion passed 5-0.
Moved: Loraine; Second Lee
Ayes: Lorraine, Lee, Diaz Nash, Newsom, and Hedges Noes: None
Motion to nominate Lisa Diaz Nash as Deputy Mayor for 2023. Motion passed 5-0.
Moved: Hedges; Second Lee
Ayes: Hedges, Lee, Loraine, Diaz Nash, and Newsom Noes: None
Upon discussion it was decided to include all three members Loraine, Newsom and Hedges in the drawing of lots to determine the order of the mayoral rotation. The sequence is established as Newsom, Loraine, and then Hedges.
Mayor Lee provided remarks.
ADJOURNMENT –The meeting adjourned at 11:21 p.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
23 of 201
City Council Special Meeting Minutes – 1/3/2023 Page 1
6 1
6 5
COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
January 3, 2023
City Hall Council Chambers 6:00 PM
Special Meeting
CALL TO ORDER at 6:00 p.m.
Roll Call
Present: Mayor Lee, Deputy Mayor Diaz Nash, Council Members: Loraine and Newsom Council Member Hedges joined at 6:03.
CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 6:04 p.m. to consider:
1. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Karolyn Franklin v. City of San Mateo., San Mateo Superior Court Case No.: 22-CIV00807 The City Council reconvened into open session at 6:17 p.m.
STUDY SESSION
2. City Council Goal Setting - Process Revisions
Drew Corbett, City Manager, provided a presentation on the City Council goal setting process and some challenges of the current process including the strategic objectives have increased from approximately 30 items to 55 items with 51 of them as a high priority item A. Some of the objectives are actually operations and no longer require to be tracked in this method. Staff is proposing the strategic plan should be more visionary and more high level, keep the three-step process, but remove the priority levels and only track items that are currently being resourced, and recategorize the objectives based on the length of time needed to complete them – immediate term (current fiscal year); medium term (two to 5 years) and long term (five plus years).
Public Comment – there were no speakers.
Council asked questions of staff and concurred in the staff recommendations.
ADJOURNMENT –The meeting adjourned at 6:32 p.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
24 of 201
City Council Regular Meeting Minutes – 1/3/2023 Page 1
6 1
6 5
COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.
CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
January 3, 2023
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.
Pledge of Allegiance
Roll Call
Present: Mayor Lee, Deputy Mayor Diaz Nash, Council Members: Hedges, Loraine, and Newsom
CONSENT CALENDAR
The following items, 1 through 4, were considered to be routine by the City Council. Item 5 was removed to be considered separately. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.
Moved: Hedges, Seconded: Newson
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
1. Police Records Supervisor – Job Specification Update Adopt a Resolution to approve revisions to the job specification for the classification of Police Records Supervisor, and approve the change in position title for the incumbent Police Records Supervisor.
Enactment: Resolution No. 1 (2023)
2. Beresford Park Batting Cage, Ball Fields, and Concession Building – Use Agreement Approve a five-year use agreement with San Mateo Youth Softball Association for the batting cage, ball fields, and concessions building at Chanteloup Field in Beresford Park for the period of January 4, 2023 through December 31, 2027, and authorize the City Manager to execute the use agreement in substantially the form presented.
3. Trinta Park Batting Cage, Ball Fields, and Concession Building – Use Agreement Approve a five-year use agreement with San Mateo Little League American for the batting cage, ball fields, and concessions building at Trinta Park, for the period of January 4, 2023 through December 31, 2027, and authorize the City Manager to sign the use agreement on behalf of the City in substantially the form presented.
4. Siberian Elm and Sycamore Tree Pruning Project – Agreement Approve an agreement with West Coast Arborists for citywide tree pruning in the amount of $119,790 and authorize Director of Parks and Recreation to execute the agreement in substantially the form presented.
END OF CONSENT CALENDAR
25 of 201
City Council Regular Meeting Minutes – 1/3/2023 Page 2
6 1
6 5
REMOVED FROM CONSENT CALENDAR
5. Utility Trucks Purchase – Purchase Contract
Robert Whitehair requested this item be pulled and commented on the item asking that staff do an analysis of electrical alternatives. Council asked questions of staff. Public Works Director Azalea Mitch responded.
Motion to Adopt a Resolution to approve an alternative purchasing procedure and award a contract to National Auto Fleet Group for the purchase of three (3) new 2023 Ford F350 Utility trucks in the amount of $310,263.47, and authorize the Public Works Director to execute the purchase contract in substantially the form presented. Motion passed 5-0.
Moved: Loraine, Seconded: Hedges
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
Enactment: Resolution No. 2 (2023)
PUBLIC COMMENT
Public Comment – Michael Ragan commented on traffic issues around Hillsdale High School.
NEW BUSINESS
6. NEW ITEM: ADDITION TO AGENDA SUBJECT TO COUNCIL APPROVAL - Ratification of Proclamation of a Local Emergency
City Attorney Prasanna Rasiah explained the situation required for adding an item to an agenda under emergency conditions.
Motion to adopt a Resolution authorizing the addition of this item to the Council agenda after posting, pursuant to the Brown Act. Motion passed 5-0.
Moved: Hedges, Seconded: Diaz Nash
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
Enactment: Resolution No. 3 (2023)
City Manager Drew Corbett provided a presentation on the winter storm impacts and responses from staff and the declaration of a state of emergency he issued on Sunday January 2, 2023.
Public Comment – speaking with concern, questions and issue of the City’s emergency response, especially with flooding and lagoon issues.
In person (15): Stephen Chiari; Jim Enes; Samer Aljamea; Michael Ecofe; Roxanne Cyr; Rich Kranz; Charlene Kranz; Mareva Godfrey; Hamed Ahmadi; Bob Hortop; David Koch; Sherman; Keith Carlson; Amy Jussel Bedard; and Kevin Simpson.
Remote (8): Michelle Brown; Karen Moen; Sandy Backman; Stu Bruins; Doug Wright; Danielle Cwirko-Godycki; Melissa; Kerry Kumar; and Rick Sakuda.
26 of 201
City Council Regular Meeting Minutes – 1/3/2023 Page 3
6 1
6 5
Council asked questions of staff from issues raised in the public comment. City Manager Corbett and Public Works Director Azalea Mitch responded. summarized in response to questions and committed to establishing a better and more direct line of communication and more formal protocols.
Motion to adopt a Resolution ratifying the Proclamation of Local Emergency on January 2, 2023 by the City Manager acting as the Director of Emergency Services. Motion passed 5-0.
Moved: Hedges, Seconded: Newsom
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
Enactment: Resolution No. 4 (2023)
7. City Council Appointments to External Agencies and Liaison Roles Mayor Lee presented the Council appointments to external agencies and internal liaison roles. Additionally alternates were for key positions were identified. Council agreed to assignments.
Motion to approve the appointments to external agencies, organizations and liaison roles list, Motion passed 5-0.
Moved: Hedges, Seconded: Diaz Nash
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Deputy Mayor Diaz Nash announced she attended a conference by Congresswoman Jackie Spear and said San Mateo is receiving $1.5 million dollars in support of Marina Branch Library in addition to other funds.
ADJOURNMENT –The meeting adjourned at 9:22 p.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
27 of 201
City Council Special Meeting Minutes – 1/17/2023 Page 1 6 1
6 5
COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
January 17, 2023
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.
Roll Call
Present: Mayor Lee, Council Members: Hedges, Loraine, and Newsom Deputy Mayor Diaz Nash teleconferenced from: Hyatt Regency Sacramento, 1209 L Street, Sacramento, CA 95814
STUDY SESSION
1. Speed Limit Setting and Program Update
Bethany Lopez, Public Works Senior Engineer, provided a presentation on the rules around speed limits, outlined the plan for updating speed limits in the city, and outlined a timeline for effecting the changes. Council asked questions of staff.
Public Comment – 14 speakers
In person (3): Kevin Simpson; Lauren Fitzgerald; and Ignacio Leciza. Remote (11): Max Mautner; Sean Lacson; Yiming Luo; Raayan Mohtashemi; RonSnow, Safer4Us.com; Heather Wolnick; M; Ted McKinnon; Bry; Jordan Grimes and Kelly Moran.
Council asked additional questions of staff, including Sergeant Craig Collom.
Council unanimously provided direction that justification for enforcement alone is not sufficient to raise speed limits and directed staff to focus on traffic calming and to redirect resources to expedite implementation of school zones speed limits.
ADJOURNMENT –The meeting adjourned at 6:51 p.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
28 of 201
City Council Regular Meeting Minutes – 1/17/2023 Page 1 6 1
6 5
COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.
CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
January 17, 2023
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.
Pledge of Allegiance
Roll Call
Present: Mayor Lee, Council Members: Hedges, Loraine, and Newsom Deputy Mayor Lisa Diaz Nash will teleconference into this meeting from: Hyatt Regency Sacramento, 1209 L Street, Sacramento, CA 95814
CONSENT CALENDAR
The following items, 1 through 13, were considered to be routine by the City Council. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there was one speaker. Lauren Fitzgerald recommended Council appointing her Mom Alli Fitzgerald to the Community Relations Commission and stated she is proud of her. Motion passed 5-0.
Moved: Newson, Seconded: Hedges
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
1. Parks and Recreation Department – Position Reallocation Adopt a Resolution to reallocate an Executive Assistant position to Communications and Public Relations Analyst position in Parks and Recreation.
Enactment: Resolution No. 5 (2023)
2. On-Call Building Support Services – Agreements and Budget Amendment Adopt a Resolution to amend the Community Development Department’s fiscal year 2022-23 operating budget to appropriate $540,000 of committed fund balance from the Construction Services Fund and increase the line item for professional services to a total of $1,000,000; approve on-call professional services agreements with 4Leaf, Inc., CSG Consultants, Inc., Interwest Consulting Group, Inc., True North Compliance Services, Inc. for on-call building support services for terms of approximately 3.5 years, with compensation not to exceed $2,000,000 per agreement; and authorize the Community Development Director to execute the agreements in substantially the form presented.
Enactment: Resolution No. 6 (2023)
29 of 201
City Council Regular Meeting Minutes – 1/17/2023 Page 2 6 1
6 5
3. On-Call Historic Evaluations for Various Projects – Agreements Approve agreements with Architecture and History, LLC, Architectural Resources Group, and Page & Turnbull for historic resource evaluation and review for terms of approximately 5 years in an amount not to exceed $500,000; and authorize the Community Development Director to execute the agreement in substantially the form presented.
4. 2022-23 Community Development Block Grant Project – Appropriation and Agreement Adopt a Resolution to authorize the appropriation of funds in the amount of $105,000 from the Community Development Block Grant Fund reserve balance to the Community Development Block Grant Projects budget; award an agreement to Precision Emprise, LLC dba Precision Concrete Cutting for the 2022-23 Community Development Block Grant Project in the amount of $334,171.60; establish a contingency reserve in the amount of $35,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract and within the contingency amount.
Enactment: Resolution No. 7 (2023)
5. 2nd and El Camino Parking Garage Elevator Modernization – Contract Award a construction contract to Urban Elevator Service CA, LLC for construction to improve the elevator at the 2nd and El Camino parking garage for $375,390; establish a contingency reserve in the amount of $56,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.
6. Delaware Street Relief Sewer – Interagency Amendment Approve Amendment No. 2 to the Service Agreement with the Peninsula Corridor Joint Powers Board for the Delaware Street Relief Sewer project in the amount of $74,017, for a revised total agreement amount of $218,275.96, and authorize the Mayor to execute the amendment in substantially the form presented.
7. Wastewater Treatment Plant Immediate Action Projects, Package II – Amendments Ratify staff’s execution of Amendment No. 7 to the agreement with Stantec Consulting Services, Inc., to provide professional design services and engineering services during construction for Immediate Action Projects, Package II, extending the term through January 31, 2023; and approve Amendment No. 8, increasing the contract value by $60,000, for a revised total agreement amount not to exceed $1,652,403.46 and extending the term through April 30, 2023; and authorize the Public Works Director to execute the Amendment No. 8 in substantially the form presented and future necessary no-cost time extension amendments.
8. Utility Dump Trucks – Purchase Contract
Adopt a Resolution to approve an alternative purchasing procedure and award a contract to National Auto Fleet Group for the purchase of four (4) new 2024 Ford F650 dump trucks in the amount of $547,503.23; and authorize the Public Works Director to execute the purchase contract in substantially the form presented.
Enactment: Resolution No. 8 (2023)
9. California State Library Services and Technology Act – Appropriation Adopt a Resolution to approve a supplemental budget appropriation in the amount of $10,000 for a grant awarded by the California State Library to the San Mateo Public Library to support the Sustainability for All project.
Enactment: Resolution No. 9 (2023)
30 of 201
City Council Regular Meeting Minutes – 1/17/2023 Page 3 6 1
6 5
10. Business Tax Audit and Discovery Services – Agreement Approve an agreement with HdL Software, LLC for business tax discovery and audit services in an amount not to exceed $431,648.69.
11. Tree Pruning, Maintenance, and Emergency Removal Services Agreement – Amendment Approve Amendment No. 1 to add up to $155,000 to the agreement with Peninsula Tree Care, Inc. for tree pruning, maintenance, and emergency removal services, for a new not to exceed amount of $250,000; and authorize the Director of Parks and Recreation to execute the Amendment No. 1 in substantially the same form presented.
12. Boards and Commissions and Council Liaisons List – Add an appointment to the Appointment and Liaison List; Confirm Eligibility List Appointments and Establish Appointment Subcommittees for Commission Recruitments
Approve Council Member Hedges as the Council liaison to the Measure S Oversight Committee; appoint Alli Fitzgerald to the Community Relations Commission for a partial term through June 10, 2024 and Pamela Rittelmeyer to the Sustainability and Infrastructure Commission for a partial term through June 10, 2024; and establish the Board and Commission appointment subcommittees with Mayor Lee or her designee with each of the Council liaisons to each commission.
13. Marina Lagoon Fill Pump Overhaul – Change Order
Approve Change Order No. 3 with Koffler Electrical Mechanical Apparatus Repair, Inc. dba KEMAR, to overhaul the Marina Lagoon fill pump for an amount of $38,000, for a revised total not-to-exceed amount of $542,204.36; increase the contingency reserve by $5,000 for a revised total of $51,640; and authorize the Public Works Director to execute the change order in substantially the form presented, as well as execute any additional change orders within the revised reserve amount.
PUBLIC COMMENT
Public Comment – Zelal Ugur, Porterhouse Restaurant speaking for Mountain Mikes and businesses on B Street, expressed the need to reopen the streets as the lack of foot traffic is impacting businesses.
PUBLIC HEARING
14. Downtown Parking – Comprehensive Fee Schedule Update Sue Ellen Atkinson, Principal Transportation Planner, provided a presentation on an update to the Comprehensive Fee Schedule and explained the need to add Kiku Crossing into Downtown Parking fee program. Council asked questions of staff. There was no public comment.
Motion to Adopt a Resolution to update the Adopted 2022-23 Comprehensive Fee Schedule Downtown Parking Pass Fees and Hourly Parking Fees to Include the Kiku Public Downtown Garage. Motion passed 5-0.
Moved: Diaz Nash, Seconded: Loraine
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
Enactment: Resolution No. 10 (2023)
31 of 201
City Council Regular Meeting Minutes – 1/17/2023 Page 4 6 1
6 5
OLD BUSINESS
15. Confirmation of Actions Under Emergency Proclamation City Manager Drew Corbett provided a presentation and update on the City’s responses to the declared state of emergency and provided statistics on the city’s responses. Council asked questions and expressed appreciation to staff.
Public Comment – In person (2): Megan Al Jamea believes the Laurel Creek needs to be dredged and asked for this clean-up to be a priority before the next rainfall. Kefin Simpson thought the update was good, but expressed concern if there is a robust water release from the dam or spillway tops what is the comprehensive plan. Remote (2): Mareva Godfrey stated that the lagoon needs improvements because existing conditions and protocols in place do not connect to the current realities. Rick Sakuda stated the lagoon community wishes to be part of the discussion and provide input regarding the lagoon.
Council provided additional comments.
Motion to Receive an update on emergency response and confirm directives issued by the City Manager acting as the Director of Emergency Services in response to declared emergency. Motion passed 5-0.
Moved: Hedges, Seconded: Lee
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Newsom requested to move the meeting on Juneteenth to Tuesday, June 20th – Council by consensus concurred to bring it back to the next agenda. Mayor Lee announced that over 100 community members have donated to help flood victims. She proposed the City could consider matching funds for greater relief; consider a third-party to provide manage the criteria and distribution of the fund. Council by consensus agreed to discuss this at the February 6, 2023 meeting.
ADJOURNMENT –The meeting adjourned at 8:39 p.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
32 of 201
CITY OF SAN MATEO
3 9
0 4
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: 23-7157 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 06, 2023
SUBJECT:
City Council 2023 Regular Meeting Calendar Update – Adoption RECOMMENDATION:
Adopt the updated City Council Regular Meeting Schedule in observance of the federal and state holiday of Juneteenth.
BACKGROUND:
Attached is the proposed updated calendar for regular City Council meetings, which are held on the first and third Mondays of each month with the exceptions as noted, due to holidays. City Charter Section 2.09 allows the rescheduling of a regularly scheduled Monday meeting that falls on a holiday to the nearest convenient day.
The second meeting in June occurs on the new federal and state holiday of Juneteenth, Monday, June 19, 2023. During the Reports and Announcements portion of the regular City Council meeting held on Tuesday, January 17. 2023, Councilmember Rob Newsom Jr. made a request to move the second meeting June from Monday, June 19, 2023 to Tuesday, June 20, 2023 in observance of Juneteenth. This request was met with unanimous approval from the remaining members of the City Council, subject to official action of the Council at a later date.
Adoption of the updated Regular City Council Meeting Schedule would change the City Council 2023 Regular Meeting Calendar to be reflected as presented in Attachment 1.
BUDGET IMPACT:
There is no budget impact from this administrative action.
ENVIRONMENTAL DETERMINATION:
This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Updated Calendar 2023 Tracked Changes
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
33 of 201
2023 City Council Calendar of Regular Meetings
All meetings start at 7:00 p.m. and at this time are being held in a hybrid in-person/remote manner.
This is subject to change at some point in the future.
6 8
7 6
Day Date Notes
Tuesday January 3, 2023 (moved because of New Year’s Day) Tuesday January 17, 2023 (moved because of Martin Luther King Jr. Day) Monday February 6, 2023
Tuesday February 21, 2023 (moved because of Presidents’ Day holiday) Monday March 6, 2023
Monday March 20, 2023
Monday April 3, 2023
Monday April 17, 2023
Monday May 1, 2023
Monday May 15, 2023
Monday June 5, 2023
MondayTuesday June 1920, 2023 (moved because of Juneteenth holiday) Monday July 3, 2023 Cancelled – regular holiday schedule Monday July 17, 2023
Monday August 7, 2023 Cancelled – regular holiday schedule Monday August 21, 2023
Tuesday September 5, 2023 (moved because of Labor Day holiday) Monday September 18, 2023
Monday October 2, 2023
Monday October 16, 2023
Monday November 6, 2023
Monday November 20, 2023
Monday December 4, 2023
Monday December 18, 2023 Cancelled – regular holiday schedule
34 of 201
CITY OF SAN MATEO
3 8
4 1
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: 10-4662 File ID: 22-7047 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 6, 2023
SUBJECT:
Peninsula Heights South Phase, 2655 & 2755 Campus Drive – Final Map & Subdivision Improvement Agreement RECOMMENDATION:
Adopt a Resolution to approve the final map and the subdivision improvement agreement for the Peninsula Heights South Phase subdivision located at 2655 & 2755 Campus Drive and authorize the Public Works Director to sign the agreement in substantially the form presented.
BACKGROUND:
The Planning Commission approved the Peninsula Heights subdivision located at 2655, 2755, 2800, and 2988 Campus Drive (Planning Application 2020-012) (Project) and vesting tentative map on December 8, 2020. The vesting tentative map and all other associated planning application approvals were extended on May 9, 2022, through Planning Application 2022- 019. The Project is phased into the north and south parcels of the Project, with work associated with the south parcels occurring first. The south phase, located at 2655 & 2755 Campus Drive, is a subdivision creating 44 single-family residential lots, and 6 parcels for a maximum of 112 residential condominium units on approximately 8.41 acres. The applicant filed the final map for the south phase with the City Engineer in November 2021, in compliance with the conditions of approval and Municipal Code and with the required fees.
The City’s mapping consultant reviewed the final map for compliance with the Subdivision Map Act and the City’s Subdivision Code and recommends the final map for approval. The applicant is requesting the final map be approved and recorded prior to the completion of the Project’s right-of-way improvements for the South phase. Government Code Section 66462(a) requires the applicant to enter into a subdivision improvement agreement with the City to ensure the completion of the work. The subdivision improvement agreement for the south phase is included in Attachment 2. A reduced copy of the final map is included in Attachment 3. The conditions of approval related to the final map have been met. The Covenants, Conditions, and Restrictions for this project have been reviewed for compliance with the conditions of approval and City code and will be recorded before the issuance of a certificate of occupancy.
BUDGET IMPACT:
There is no budgetary impact from this action. Deposits paid by the applicant cover costs for staff and consultant review time.
ENVIRONMENTAL DETERMINATION:
This action is not a project subject to CEQA, because approval of the final map and the subdivision improvement agreement is a ministerial act and falls within the scope of the project approvals and CEQA findings previously made by the Planning Commission. The environmental impacts of the proposed public improvements were analyzed in the mitigated negative declaration that was prepared for the Project. (CEQA Guidelines Section 15268)
35 of 201
CITY OF SAN MATEO
3 8
4 1
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Subdivision Improvement Agreement
Att 3 - Final Map
STAFF CONTACT
Karen Magallanes, Assistant Engineer
[email protected]
(650) 522-7576
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323
36 of 201
7 7
3 5
CITY OF SAN MATEO
RESOLUTION NO. (2023)
APPROVING THE FINAL MAP F OR PENINSULA HEIGHTS SOUTH PHASE (PA 20-012)
AND THE SUBDIVISION IMPROVEMENT AGREEMENT
2655 & 2755 CAMPUS DRIVE
WHEREAS, the vesting tentative map for Peninsula Heights located at 2655, 2755, 2800 and 2988 Campus Drive was approved by the Planning Commission on December 08, 2020 through Planning Application 2020-012 (Project);
WHEREAS, the vesting tentative map and all other associated planning application approvals were extended on May 09, 2022 through Planning Application 2022-019; WHEREAS, the Project is phased into the North and South parcels of the Project, with the South phase occurring first;
WHEREAS, the Project’s South phase, located at 2655 & 2755 Campus Drive, is a subdivision creating 44 single family residential lots, and 6 parcels for a maximum of 112 residential condominium units on approximately 8.41 acres;
WHEREAS, in accordance with Municipal Code Section 26.52.010, the subdivider submitted a final map for the Project’s South phase for review;
WHEREAS, the City’s mapping consultant reviewed the final map for compliance with the Subdivision Map Act and the City’s Subdivision Code and recommend the final map for approval; WHEREAS, the subdivider has not yet completed the required public improvements for the Project’s South phase;
WHEREAS, the subdivider is entering into a subdivision improvement agreement for the Project’s South phase to guarantee completion of the public improvements per Government Code Section 66462(a); WHEREAS, all conditions of approval related to approval of the final map have been and the Covenants, Conditions & Restrictions (CC&Rs) have been reviewed and will be recorded prior to issuance of a certificate of occupancy; and
WHEREAS, in accordance with CEQA Guidelines Section 15268, this action is not a project subject to CEQA, because approval of the final map and the subdivision improvement agreement is a ministerial act and falls within the scope of the project approvals and CEQA findings previously made by the Planning Commission. The environmental impacts of the proposed public improvements were analyzed in the mitigated negative declaration that was prepared for the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, RESOLVES that:
1. These findings are consistent with Planning Application 2020-012 Peninsula Heights approved by the Planning Commission on December 08, 2020.
37 of 201
7 7
3 5
2. The City Council approves the final map entitled “PENINSULA HEIGHTS - SOUTH” in accordance with Municipal Code Section 26.52.090 and authorizes recordation of the map and CC&Rs with the County of San Mateo Recorders Office.
3. The City Council accepts the dedicated public easements as shown on the final map.
4. The City Council approves the subdivision improvement agreement and authorizes its execution by the Director of Public Works.
38 of 201
Subdivision Improvement Agreement Page 1 of 14
Rev. 7/21
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Government Code 6103: Exempt from Recording Fee
City Clerk
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
__________________________________________________________________________________
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into this ______ day of _____________________, 2023, by and between the CITY OF SAN MATEO, a municipal corporation of California ("City"), and 2755 CAMPUS POP OWNER, LLC, a Delaware limited liability company, and 2655 CAMPUS POP OWNER, LLC, a Delaware limited liability company (together, "Subdivider").
RECITALS
A. Subdivider is the owner of that certain tract of land, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, located at the property commonly known as 2655 and 2755 Campus Drive in the City of San Mateo, County of San Mateo, State of California (the “Property”).
B. Subdivider’s application for a vesting tentative map was approved by the San Mateo Planning Commission on December 8, 2020, subject to various conditions.
C. Subdivider has presented to City for approval a final subdivision map, dated December, 2022 ("Map"), incorporated herein by reference.
D. Subdivider has requested approval of the Map prior to the completion of improvements.
E. The Map designates pedestrian access easements for the City, and Subdivider proposes to dedicate such easements to the City.
F. As a condition precedent to accepting this offer of dedication by Subdivider, City requires various off-site sidewalk improvements and off-site landscape improvements.
G. City desires that Subdivider post bonds to ensure the construction of offsite improvements that are required under Subdivider’s Conditions of Approval, as more specifically described below.
H. City desires to assure that the improvements will be done in a good and workmanlike manner, in accordance with the Conditions of Approval for the Vesting Tentative Tract Map approved by the City on December 8, 2020, City, state and federal standards.
NOW, THEREFORE, in consideration of the approval of the Map, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under the tentative map conditions of approval, the Subdivision Map Act, and the San Mateo Municipal Code, the parties agree as follows:
39 of 201
Subdivision Improvement Agreement Page 2 of 14
Rev. 7/21
1. Performance of Work. Subdivider shall, at its own cost and expense, perform, in a good and workmanlike manner, all of the work and improvements within and without the subdivision, which are shown on the Map or on improvement plans, profiles, and specifications which have been submitted to the City Engineer or may hereafter be so submitted, as finally approved, or which improvements are required as conditions of approval of the subdivision by the City, or are required to be done by any provision of law as a condition of said subdivision (“Required Improvements”). Said Required Improvements include, but are not limited to, curbs, gutters, and sidewalks, grading, signs, pavements, driveway approaches and pedestrian crosswalks, storm and sanitary sewers, underground utilities, signal improvements, street lighting, roadway improvements, roadway markings, landscaping, monuments, and all appurtenant improvements. Said plans and specifications are filed in the Office of the City Engineer, as issued through permit EP-2022-001245.
2. I
mprovement Cost. The total cost of the Required Improvements is estimated to be $926,366.
3. S tandards . All work to be performed hereunder shall be done to the satisfaction of the City Engineer. No work on the Required Improvements shall commence until the plans, profiles, and specifications have been submitted to and approved by the City Engineer. All of the Required Improvements shall be constructed in accordance with the approved plans, profiles, and specifications and Subdivider shall do, or cause to be done, all work and furnish all materials necessary in the opinion of the City Engineer to complete the Required Improvements in accordance with the approved plans, profiles, and specifications, or any changes required by the City Engineer, which in his or her opinion are necessary or required to complete the work. All costs of checking said plans, profiles, and specifications, and of all inspections of the work shall be paid by Subdivider. Any approval under this section does not relieve Subdivider, or its engineers or landscape architects, from liability.
4. Tim
e of Commencement and Completion. Subdivider has already obtained a site development permit for grading or removal of major vegetation in accordance with the San Mateo Municipal Code. Unless otherwise approved by the City, all Required Improvements shall be constructed and approved by the City Engineer within two years and prior to occupancy of any building on the site.
5. P
ayment of Costs . Without limitation, Subdivider shall pay all costs and expenses related to or arising from the performance of any work to complete the Required Improvements, including, but not limited to, payment for any materials, provisions, and other supplies used in, upon, for, or about said work, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor. Costs and expenses shall also include, but not be limited to, the costs of engineering, plans and specifications, city personnel or consultant costs to prepare right of way maps and related documents, construction manager, escrow payments, contract administration, encroachment permits, utility relocation, legal fees and other services furnished by City in connection with this Agreement.
6. A
cceptance by City. The City Engineer shall have the right to reject any and all Required Improvements under this Agreement if they do not conform, in his or her sole judgment, with the
40 of 201
Subdivision Improvement Agreement Page 3 of 14
Rev. 7/21
plans, profiles, and specifications mentioned herein and with the ordinances and standards of the City. Final acceptance of the Required Improvements shall be by the City Council.
7. Guarantee and Maintenance. Notwithstanding the fact that Subdivider's plans, profiles, and specifications, completion of work, and other acts to be performed hereunder are subject to approval by the City, it is understood and agreed that any approval by the City shall in no way relieve Subdivider of satisfactorily performing said work or its obligations hereunder. Subdivider warrants that the plans, profiles, and specifications submitted shall conform at a minimum to the City Standard Drawings and Specifications and to applicable provisions of the San Mateo Municipal Code in effect as of the date of this Agreement, and that they are adequate to accomplish the work in a good and workmanlike manner, and in accordance with sound construction practices.
8. W
arranty of Work . Subdivider warrants and guarantees all work performed hereunder and all materials used therein for a period of one year after completion and final acceptance by the City Council.
9. Rep
air, Replacement or Reconstruction . If within the one year period after the City Engineer accepts the Required Improvements, all or any portion of the work required under this Agreement fails to fulfill the requirements of' this Agreement, then Subdivider, without delay and without cost to the City shall repair, replace or reconstruct the defective or otherwise unsatisfactory part of the work. The repair work, if required, shall be completed to the satisfaction of the City Engineer.
If Subdivider fails to act in accordance with this requirement, or should the exigencies of the situation require repairs or replacements to be made before Subdivider can he notified, City may make the necessary repairs and. replacement or perform the necessary work, and Subdivider shall pay to the City the actual cost of the repairs and replacement.
10. P
ermits: Compliance with Law. Subdivider will, at Subdivider's expense obtain all necessary permits and licenses for the Required Improvements and give all necessary notices and pay all fees and taxes required by law. In the performance of this Agreement, Subdivider shall comply with all laws, ordinances, regulations, and rules of all governmental agencies with jurisdiction, including, but not limited to, the provisions of the Government Code, the Public Contract Code, and the Labor Code of the State of California. With regard to the Labor Code, Subdivider agrees to comply with, to the extent applicable, all provisions, that may include the wage and hour, prevailing wage, workers compensation and various other labor requirements in Division 2, Part 7, Chapter 1, including Sections 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860, and 1861, which provisions are specifically incorporated by reference as though set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder.
11. I
nspection by City . Subdivider shall, at all times, maintain proper facilities and provide safe access for inspection by City to all parts of the work subject to City's acceptance. Subdivider shall pay for all engineering, inspection, and survey services in accordance with San Mateo Municipal Code Section 26.60.010.
12. Rev ersion to Acreage. Subdivider acknowledges that City, without limiting all other remedies available in law and equity, may initiate proceedings to revert the Property to acreage pursuant to Government Code Section 66499.16 if none of the improvements required to be made
41 of 201
Subdivision Improvement Agreement Page 4 of 14
Rev. 7/21
have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later.
Subdivider shall bear all applicable costs with respect to reversion to acreage if such reversion is completed.
13. Superintendence by Subdivider. Subdivider shall personally supervise the work or have a competent foreman or superintendent on the work site at all times during the course of construction with the authority to act for Subdivider.
14. B
onds Required. The Subdivider shall present to the City surety bonds of a form satisfactory to the City Attorney, issued by a company authorized to issue surety bonds in the State of California, as follows:
A. At the time of signing this Agreement, the following bonds shall be presented:
(1) Faithful Performance (100% of the cost of the Required Improvements) to secure faithful performance of this Agreement by the Subdivider. (2) Labor and Materials (50% of the cost of Required Improvements) to secure payment by the Subdivider of laborers and material engaged pursuant to this Agreement, and further to secure payment as required by the Unemployment Insurance Act.
B. Before the City accepts the improvements, the following bond shall be presented:
Maintenance (10% of cost of the Required Improvements) to secure performance of Paragraph 1 above. This bond shall remain in effect for one (1) year after the date of acceptance by the City Council of the improvements.
15. Alternate Security. In lieu of the bonds required above, alternative security approved by the City Attorney may be substituted.
16. C ity May Require Additional Security . If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have the Subdivider post additional security, the City may require either an additional cash deposit or a surety bond guaranteeing performance. The condition of the security shall be that if the Subdivider fails to perform its obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or in the case of a surety bond require the sureties to perform the obligations of the Agreement.
17. De
fault and Breach by Subdivider and Remedies of the City .
A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:
(1) Failure to complete the Required Improvements within two years unless an extension is otherwise granted by the City in accordance with Section 25 below. (2) Failure to correct or cure any defect in the Required Improvements during the one- year guarantee and warranty period.
42 of 201
Subdivision Improvement Agreement Page 5 of 14
Rev. 7/21
(3) Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, if not cured or discharged within a period of thirty (30) days.
(4) Commencement of a foreclosure action against the subdivision or any portion thereof, or any conveyance by the Subdivider in lieu of or in avoidance of foreclosure. (5) Failure to perform any obligations under this Agreement within thirty (30) days after receipt of written notice from the City of Subdivider’s failure to perform, or if performance in 30 days is not possible, failure to commence performance and diligently pursue completion thereafter, in accordance with the terms and provisions of this Agreement.
B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement.
C. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default.
1) The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Required Improvements. If the surety, within seven (7) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence performance within five (5) days after notice to the City of its intention to perform, the City may take over the work and prosecute the same to completion, by contract or by other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. 2) Subdivider acknowledges that the estimated total costs and Required Improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Required Improvements, and consequently, City's damages for Subdivider's default shall be measured by the cost of completing the Required Improvements. If the damages incurred by the City in taking over and completing any portion of the Required Improvements exceed the principal amount of the Required Improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.
D. City may, without liability for doing so, take possession of, and utilize in completing the Required Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work.
Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the subdivision owned by the Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on any portion of the Required Improvements following Subdivider's default.
E. Subdivider acknowledges and agrees that, upon approval of the Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Required Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that reversion to
43 of 201
Subdivision Improvement Agreement Page 6 of 14
Rev. 7/21
acreage or rescission of approval of the Subdivision may be a necessary remedy for Subdivider's default to the extent authorized by the Subdivision Map Act.
F. The City’s failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.
G. If City sues to compel Subdivider’s performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Required Improvements, Subdivider agrees to pay all reasonable attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.
18. Hold Harmless. Subdivider will indemnify, defend, and hold City, its elected and appointed officers, agents, and employees harmless from any and all liabilities, obligations, damages, costs, injuries, or claims arising from, or alleged to arise from, the performance of, or nonperformance of, this Agreement.
The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the City reviewed the improvement plans and specifications or accepted the Required Improvements as completed, and including the defense of any suit, action or other proceeding concerning these.
The actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to the Subdivider, contractor, subcontractor, or any officer, agent or employee of one or more of them. The indemnification in this section is not conditioned or dependent on whether or not the City has prepared, supplied, or reviewed any plan(s) or specification(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of the City.
19. Insurance Required. Subdivider shall procure and maintain or shall cause its contractor(s) to procure and maintain for the duration of the contract the insurance set forth in Exhibit B of this Agreement.
20. No Waiver by City. Inspecting of the work or materials, or approval of work or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work or materials, or payments thereof, or any combination of all of these acts shall not relieve Subdivider of its obligation to fulfill this Agreement; nor is the city by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.
21. L
iability . Neither the City nor any of its officers, agents, or employees shall be liable to Subdivider, its contractor, subcontractors, officers, agents, or employees, for any error or omission, or any obligation whatsoever, arising out of or in connection with any work to be performed under this Agreement. The City, its elected or appointed officers, agents, and employees shall not be liable to the Subdivider or to any person, firm or corporation whatsoever, for any error or omission, or any obligation or liability whatsoever, arising out of or in connection with any work to be performed under this Agreement.
44 of 201
Subdivision Improvement Agreement Page 7 of 14
Rev. 7/21
22. Use and Maintenance of Improvements. Subdivider agrees that the use of any and all of the Required Improvements, for any person and by any person, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by City. Subdivider agrees to assume all maintenance responsibilities for the Required Improvements until final acceptance by City.
23. T
itle to Improvements. Title to and ownership of all Required Improvements shall vest in City for the Required Improvements.
24. F inal Inspection, Certification and Acceptance. All of the Required Improvements must be completed prior to the final inspection. Notice in writing, requesting final inspection, shall be submitted to the City Engineer at least five days prior to the anticipated date of final inspection.
Upon the Subdivider’s satisfactory completion of the Required Improvements, the City Engineer shall certify that the Required Improvements have been satisfactorily completed, shall recommend acceptance of the Required Improvements by the City Council, and shall place the matter on the next available City Council agenda.
25. T
ime of Essence. Time is of the essence in this Agreement. The Required Improvements shall be completed within two years of the date of this Agreement. The City Engineer may extend the time for completion of Required Improvements hereunder, upon good cause being shown by the Subdivider. Any extension must be documented in an amendment to this Agreement. Any such extension may be granted without notice to the Subdivider's surety and any extension so granted shall not relieve surety's liability on the bonds.
26. A
ssignment of Contract. Neither this Agreement, nor any par t of it, is assignable by Subdivider without the written consent of the City, not to be unreasonably withheld or delayed.
27. S ubdivider Not Agent of City. Neither Subdivider nor its agents or contractors are agents of City in connection with the performance of Subdivider's obligations under this Agreement.
28. N otices . All notices required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. A party or the surety may change the address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
A. Notices to the City shall be addressed as follows:
Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
B. Notices to the Subdivider shall be addressed as follows:
2655 Campus POP Owner, LLC
2755 Campus POP Owner, LLC
c/o Harvest Properties, Inc
180 Grand Avenue, Suite 1400
Oakland, California 94610
Attention: Preston O’Connell & Tyler Issadore
45 of 201
Subdivision Improvement Agreement Page 8 of 14
Rev. 7/21
Phone: (510) 594-2050
C. Notices for the Subdivider's surety shall be sent to:
USI Insurance Services, LLC
1383 N. McDowell Blvd
Ste 170
Petaluma, CA 94954
Attn: Cathy Ronchelli-Pinney
Phone: (707) 779-1029
29. Heirs, Successors and Assigns. This Agreement shall be binding upon and inure, to the benefit of the heirs, successors and assigns of the parties.
30. E ntire Agreement . This Agreement constitutes the entire Agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties.
31. A greement Attaches to the Land and Recordation. This Agreement pertains to and runs with the real property described in Exhibit A. This Agreement binds the successors in interest of each of the parties to it until all the subdivision improvements have been completed and certified complete by the City of San Mateo. The City shall cause this Agreement to be recorded with the County Recorder and a copy will be provided to Subdivider.
32. Se
verability Clause . If any portion of this Agreement is adjudged invalid, its remaining provisions are not affected.
[SIGNATURES ON FOLLOWING PAGE]
46 of 201
Subdivision Improvement Agreement Page 9 of 14
Rev. 7/21
NON-CITY SIGNATURES TO BE NOTARIZED
IN WITNESS WHEREOF, CITY and SUBDIVIDER have executed this Agreement the day and year first above written.
“City”
CITY OF SAN MATEO
By:
Name: Azalea Mitch
Its: Director of Public Works
“Subdivider”
2655 CAMPUS POP OWNER, LLC, a Delaware
limited liability company
By:
Name:
Its:
2755 CAMPUS POP OWNER, LLC, a Delaware
limited liability company
By:
Name:
Its:
APPROVED AS TO FORM
Mazarin Vakharia, Assistant City Attorney
47 of 201
Subdivision Improvement Agreement Page 10 of 14
Rev. 7/21
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA |
COUNTY OF SAN MATEO |
On ________________________, before me, __________________________________, the undersigned Notary Public, personally appeared _____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signed by: ___________________________________
Notary Public, State of California
◊______________________________________________________________________________◊
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e., certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. ● State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. ● Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed.
● The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) .
● Print the name(s) of document signer(s) who personally appear at the time of notarization. ● Indicate the correct singular or plural forms by crossing off incorrect forms (i.e., he/she/they, is/are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ● The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form.
● Signature of the notary public must match the signature on file with the office of the county clerk.
♣ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.
♣ Indicate title or type of attached document, number of pages and date. ♣ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e., CEO, CFO, Secretary).
●Securely attach this document to the signed document
DESCRIPTION OF THE ATTACHED DOCUMENT
__________________________________________
(Title or description of attached document)
__________________________________________
(Title or description of attached document continued)
CAPACITY CLAIMED BY THE SIGNER
Individual (a)
Corporate Officer
(Title)
Partner(a)
Attorney-in-Fact
Trustee(s)
48 of 201
Subdivision Improvement Agreement Page 11 of 14
Rev. 7/21
Exhibit A
DESCRIPTION OF PROPERTY
Real property in the City of San Mateo, County of San Mateo, State of California, described as follows:
LOTS 5 AND 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED "PENINSULA OFFICE PARK, CITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON OCTOBER 2, 1972 IN BOOK 78 OF MAPS AT PAGES 32 AND 33.
49 of 201
Subdivision Improvement Agreement Page 12 of 14
Rev. 7/21
Exhibit B
Insurance Requirements
City of San Mateo Insurance Requirements
CITY OF SAN MATEO
DEPARTMENT OF PUBLIC WORKS
330 West 20th Avenue
San Mateo, CA 94403
(650) 522-7300
(650) 522-7301 fax
_______________________________________________________________________________
Subdivider shall procure and maintain or shall cause its contractor(s) to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Subdivider, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a g eneral aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non -owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractors Pollution Liability and/or Asbestos Pollution Liability and/ or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the Subdivider maint ains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Subdivider shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Subdivider shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
50 of 201
Subdivision Improvement Agreement Page 13 of 14
Rev. 7/21
either the named insured or Entity.
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Subdivider’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Subdivider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Subdivider’s insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Subdivider pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be pro vided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Subdivider must purc hase an extended period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best rating of no less than A:VII if admitted in the State of California.
Verification of Coverage
Subdivider shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Subdivider’s obligation to provide them. The City reserves the right to require complete, certified
51 of 201
Subdivision Improvement Agreement Page 14 of 14
Rev. 7/21
copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Subdivider hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Subdivider by virtue of the payment of any loss. Subdivider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subdivider, its employees, agents, and subcontractors.
Subcontractors
Subdivider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Subdivider shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
52 of 201
OWNER'S ACKNOWLEDGMENT
1 PENINSULA HEIGHTS - SOUTHBEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456
OWNER'S STATEMENT
BENEFICIARY'S STATEMENT
COUNTY RECORDER'S STATEMENT
BENEFICIARY'S ACKNOWLEDGMENT
JOB NO. 3342-00 SHEET OF 13
53 of 201
PENINSULA HEIGHTS - SOUTHBEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456SURVEYOR'S STATEMENTCITY SURVEYOR'S STATEMENTCITY ENGINEER'S STATEMENTSOILS REPORT
CITY CLERK'S STATEMENTDIRECTOR OF COMMUNITY DEVELOPMENT'SSTATEMENT 2JOB NO. 3342-00SHEET OF 13
54 of 201
CAMPUS DRIVE
ΔΔΔ 80'GRAPHIC SCALE320'0'160'80'40'80'0'
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 BASIS OF BEARINGS: LEGEND1NOTE:
REFERENCES:3JOB NO. 3342-00SHEET OF 13
55 of 201
8PARCELAPARCEL BPARCEL CPARCEL DPARCEL EPARCEL FSTREET BSTREET BCAMPUS DRIVE1234567891011121314151617181920212223242526 2728293031323334353637383940414243445 67
910
STREET A
100'GRAPHIC SCALE400'0'200'100'50'100'0'
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 BASIS OF BEARINGS: LEGEND1
REFERENCES:SHEET INDEX4JOB NO. 3342-00SHEET OF 13
56 of 201
12345687PARCEL C
PARCEL E
SEE SHEET 6STREET A
SEE SHEET 9
SEE SHEET 7
PARCEL BSTREET APUE #5
PUE #3PUE #4
20'GRAPHIC SCALE80'0'40'20'10'20'0'
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 NOTES:
5JOB NO. 3342-00SHEET OF 13
57 of 201
CAMPUS DRIVEPARCEL E
1213
424344SEE SHEET 10
SEE SHEET 5 SEE SHEET 7
STREET BSTREET B
PARCEL B
91011STREET A
STREET BPARCEL BPUE #6PUE #7
PARCEL D20'GRAPHIC SCALE80'0'40'20'10'20'0'
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 NOTES:
6JOB NO. 3342-00SHEET OF 13
58 of 201
CAMPUS DRIVE
PARCEL A
1415
22 1718192021
SEE SHEET 6
SEE SHEET 8
STREET A
STREET A
PARCEL BSTREET APUE #2
16PARCEL D
20'GRAPHIC SCALE80'0'40'20'10'20'0'
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 NOTES:
7JOB NO. 3342-00SHEET OF 13
59 of 201
CAMPUS DRIVE
PARCEL A26252423SEE SHEET 7STREET A
PUE #1PARCEL D
20'GRAPHIC SCALE80'0'40'20'10'20'0'
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 NOTES:
8JOB NO. 3342-00SHEET OF 13
60 of 201
28 SEE SHEET 5
SEE SHEET 10
PARCEL ESTREET B
STREET B3132333029 PARCEL F27
PUE #9
PUE #8 20'GRAPHIC SCALE80'0'40'20'10'20'0'
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 NOTES:
9JOB NO. 3342-00SHEET OF 13
61 of 201
CAMPUS DRIVE
STREET B
34 40
3637383941
SEE SHEET 9 SEE SHEET 6
STREET BPARCEL FPARCEL D35
PARCEL D20'GRAPHIC SCALE80'0'40'20'10'20'0'
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 NOTES:
10JOB NO. 3342-00SHEET OF 13
62 of 201
LOTLOTLOTLOT1PARCELCLOTLOTPARCEL CPARCEL CPARCEL BPARCEL B109PARCELBPARCEL BPARCEL EPARCEL D44PARCEL D
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 11 PUE ATYPICAL PUBLIC UTILITY EASEMENTPUE BTYPICAL PUBLIC UTILITY EASEMENTPUE CTYPICAL PUBLIC UTILITY EASEMENTPUE #10 PUE #11PUE #12PUE #13PUE #14
PUE #15PUE #16PUE #18PUE #17
NTS
JOB NO. 3342-00SHEET OF 13
63 of 201
PARCEL DPARCEL B
1516PARCEL B1920PARCEL B2122PARCEL APARCEL B2324PARCELA JOB NO. 3342-00SHEET OF 13
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 12 PUE #19PUE #20
PUE #21PUE #22PUE #23PUE #24PUE #25
NTS
64 of 201
2526PARCELA PARCELAPARCELE
PARCEL E31PARCELF 3132PARCEL FPARCEL FPARCELD3435PARCEL F35PARCEL D36PARCEL DPARCEL D
PENINSULA HEIGHTS - SOUTH
SCALE: 1" =BEING A SUBDIVISION CREATING 44 SINGLE FAMILY RESIDENTIAL LOTS, AND 6 PARCELS FOR A MAXIMUM OF 112 RESIDENTIAL CONDOMINIUM UNITSCONSISTING OF 13 SHEETSBEING A RESUBDIVISION OF LOTS 5 AND 6, AS SAID LOTS ARE SHOWN ONTHE MAP ENTITLED "PENINSULA OFFICE PARK", FILED IN BOOK 78 OF MAPS,AT PAGE 32, SAN MATEO COUNTY RECORDSCITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIADECEMBER 2022CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 13 PUE #29
PUE #26PUE #27PUE #28
PUE #30PUE #31PUE #32PUE #33PUE #34PUE #35PUE #36
NTS
JOB NO. 3342-00SHEET OF 13
65 of 201
CITY OF SAN MATEO
3 8
7 0
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: 36-3133 File ID: 23-7107 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: February 6, 2023
SUBJECT:
Permanent Local Housing Allocation – Grant Application
RECOMMENDATION:
Adopt a Resolution to re-apply to the State of California for Permanent Local Housing Allocation grant program and amend the 5-year funding plan.
BACKGROUND:
The purpose of the Permanent Local Housing Allocation (PLHA) grant is to provide a permanent source of funding to all local governments in California to help cities and counties implement plans to increase housing affordability. This is a flexible funding source that can be used for a wide range of activities from increasing the housing supply to providing supportive services. The PLHA application requires the City to develop a 5-year plan to allocate spending. The City has received a total allocation of $873,303 in the first two years of funding, $341,894 in the first year (2019) and $531,409 in the second year (2020). The third-year allocation amount is $584,800 (2021).
Council directed staff to use PLHA funds for rapid rehousing during a special meeting study session on June 1, 2020. Rapid rehousing includes rent assistance for a period of approximately 6 to 12 months combined with supportive services to households who are homeless or at risk of homelessness. A rapid rehousing program was developed and the non-profit organization LifeMoves was selected to administer the program.
PLHA funds have also been used to address a second need. The new affordable housing development, Montara, includes 16 units for formerly homeless households. These targeted units include supportive services from the Veterans Affairs and the County in addition to rental assistance as part of the financing package provided by the County of San Mateo. In response to concerns raised at stakeholder meetings with neighboring properties, the City has worked with the developer, BRIDGE Housing, to expand its residence services at the property to make more services available as well as expanding onsite hours for all of the tenants. To achieve the expanded services, a full-time services coordinator rather than a half time position was created. This cost was not anticipated when the developer initially sought its funding commitments and resulted in a gap in the operating budget for the first four years of the project.
For the first year of PLHA activities, the grant amount of $341,894 was used to provide $280,353 in rapid rehousing assistance and $61,541 in tenant services at the Montara. However, for the second year, the City of San Mateo was awarded $531,409 and will be awarded $584,800 in the third year through the PLHA grant. With the increased amount of funding, staff has identified three additional housing affordability needs that can be served.
HIP Housing was a long-time recipient of the Community Development Block Grant (CDBG) funds through the City and has been a City partner in both providing affordable housing units and maintaining their home-sharing program, which matches tenants who are unable to afford the high rents in the City with home-owners who are willing to rent out spare
66 of 201
CITY OF SAN MATEO
3 8
7 0
rooms in their homes. The strict guidelines of the Department of Housing and Urban Development (HUD) forced HIP Housing to forgo participating in the City’s Community Funding program and left a gap in funding. In order to preserve the 147 low-income units on their affordable properties and return assistance to the home sharing program, staff recommended accepting the request of funding HIP Housing $105,000 through the PLHA program, which the Council approved on September 6, 2022.
Samaritan House operates the Safe Harbor emergency shelter, a facility which provides case management, site-based emergency and transitional housing support to the clients in their 105-bed facility. The City has provided consistent support to this program through local housing funds in the past in order to ensure they would not have to compete with other organizations in the limited CDBG Community Funding program. As a service which assists persons experiencing homelessness, funding this program in the amount of $15,000 would be compatible with the design of the PLHA program and would preserve flexible local housing funds that can be reserved for other long-term projects.
Similarly, LifeMoves operates a network of shelters across San Mateo County with each servicing clients of various needs.
At the First Step for Families shelter, housing, intensive case management and supportive services are provided to approximately 85 City of San Mateo residents each year. Staff recommends that the remainder of the PLHA budget in Year 2 be utilized to assist shelter operations for LifeMoves. As Year 3 is an even larger grant, there remains the possibility of entering into PLHA contracts with current CDBG Community Funding recipients who provide PLHA eligible services, such as Legal Aid of San Mateo County (eviction defense).
To utilize these funds for the aforementioned causes, staff recommends that the Council approve amending the 5-Year PLHA plan to allow for the new expenditures in Year 2 of the grant funding, as well as adopting a resolution to re-apply for PLHA funding for Year 3 with the new contracts taken into account.
The five-year plan that is submitted to the State can be amended in the future if changes are desired.
On January 4, 2023, the California Department of Housing and Community Development (HCD) notified the City that they would not accept the re-application and plan amendment for the PLHA program due to the City submitting a resolution that did not match the State’s mandated template. Staff will resubmit the PLHA application and plan amendment using a revised resolution that matches the State’s template (Attachment 1).
BUDGET IMPACT:
Staff has set up a fund (referred to as Fund 36) for this grant. PLHA is a noncompetitive grant that will be allocated to the City over a course of 5 years. The grant amount for the second year (2020) is $531,409, while the grant amount for the third year (2021) is $584,800. These funds have not yet been received by the City, as they need to be requested through a release of funds after the approval of the 5-Year Plan amendment. Overall, the City can expect to receive $1,116,209 in new revenue in Fund 36 over the next two years. The exact dollar amount for the final two years will vary based upon the collection of the real estate recording fees, but the total estimated dollar amount the City will receive over 5 years is $2,051,364. The proposed budget for the second and third year of the PLHA grant is as follows:
PLHA Year 2 (2020) Budget Amount PLHA Year 3 (2021) Budget Amount Bridge (Montara) $61,541 Bridge (Montara) $61,541
LifeMoves (RRH) $280,353 LifeMoves (RRH) $280,353
HIP Housing $105,000
Samaritan House (SH) $15,000 Samaritan House (SH) $15,000 LifeMoves (Shelter) $42,945
Other Affordable Housing
Programs $198,666
Admin $26,570 Admin $29,240
Total $531,409 Total $584,800
67 of 201
CITY OF SAN MATEO
3 8
7 0
ENVIRONMENTAL DETERMINATION:
This resolution is in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(4), submitting an application for grant funding is not a project subject to CEQA to the extent that it is a funding activity that does not involve commitment to a particular project that will impact the environment. However, in accordance with Public Resources Code Section 21065, to the extent that the funds are committed to specific projects, the City’s commitment of those funds is not a project subject to CEQA because the funds will be used to subsidize operational expenses which will not impact the environment.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - PLHA 5-Year Plan Amendment
Att 3 - 2022 PLHA Formula Streamlined Application – Returning Applicants
STAFF CONTACT
Nicky Vu, Housing Specialist
[email protected]
(650) 522-7229
68 of 201
Resolution No._____________
AUTHORIZING RESOLUTION OF THE CITY OF SAN MATEO
AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM
A necessary quorum and majority of the City of San Mateo hereby consents to, adopts, and ratifies the following resolution:
A. WHEREAS, the Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).
B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program; C. WHEREAS the City of San Mateo (the “City”) is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.
D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; E. WHEREAS the City has previously submitted to the Department an approved 5-Year PLHA Plan which was approved October 5, 2020 and amended on December 20, 2021 based upon the Year 1 (2019) grant of $341,894 with a resolution approved on July 20, 2020; F. WHERAS the Department announced annual funding grants for Years 2 (2020) and 3 (2021) of the PLHA grant to the City of the substantially higher amounts of $531,409 and $584,800 respectively, which will require the City to further amend the 5-Year PLHA Plan to allocate the available funding to new contracts.
NOW THEREFORE BE IT RESOLVED THAT:
1. The City shall approve the new resolution to amend the previous resolution approved July 20, 2020 to reapply for the PLHA grant in Year 3 of funding as well as to make the following amendments to the 5-Year Plan:
a. Revise the funding distribution between Activity 1 and Activity 6 for Year 2 (2020) from 20% and 80% to 25% and 70%.
b. Revise the funding distribution between Activity 1 and Activity 6 for Year 3 (2021) and Year 4 (2022) from 20% and 80% to 10% and 85%.
c. Revise the funding distribution for Year 5 (2023) from 100% in Activity 6 to 95% in Activity 6. d. Revise the PLHA 5-Year plan to include descriptions and implementation schedules of the new recipients of PLHA funding and to identify all the policies of the Housing Element that the new programs of the PLHA plan are consistent with.
69 of 201
e. Revise the PLHA 5-Year plan to allow the City to take the maximum allowed 5% of annual grant funding to cover administrative costs of managing the PLHA grant from Year 2 (2020) onwards, which was previously foregone in the initial submittal of the 5-Year Plan.
2. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
3. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $2,051,364 in accordance with all applicable rules and laws.
4. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
5. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
6. If applicable: Applicant certifies that it was delegated by the City of San Mateo to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.
7. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.
8. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.
9. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
10. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).
11. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.
70 of 201
12. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
13. The City Manager, is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
71 of 201
PASSED AND ADOPTED at a regular meeting of the City Council this 6 day of, February 2023, by the following vote:
AYES: ABSTENTIONS: NOES: ABSENT:
Signature of Approving Officer:
Amourence Lee, Mayor
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of Patrice Olds does hereby attest and certify that the forgoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of San Mateo which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTEST:
Signature of Attesting Officer
Patrice Olds, City Clerk
72 of 201
PLHA Formula 5-year Plan - Amendment Rev. 5/7/21
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
Eligible Activities, §301
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.
Included?§301(a) Eligible activities are limited to the following:
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
PLHA Page 1 Formula Allocation Application
73 of 201
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.
Under the Housing Element of the City of San Mateo, the strategies listed are techniques the city plans to use to addresss the following programs: H 1.7 Retention of Existing Lower-Income Units, H 2.3:
Public Funding of Low- and Moderate-Income Housing, 2.14: The Homeless, and H 2.16: Special Needs Groups. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate- income households, including necessary Operating subsidies. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity. §302(c)(4) Plan Rev. 5/7/21
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.
The City of San Mateo plans to use PLHA funds for the following elligible activities: providing gap financing to an affordable housing project for client services of their units occupied by formerly homeless individuals, a rapid rehousing program in partnership with a local non-profit agency to assist individuals and families experiencing homelessness, an operations subsidy to a non-profit affordable housing provider to preserve affordable housing units, assistance to a homesharing program that helps low-income individuals find housing, and assistance to two emergency shelter providers. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).
The client services at the affordable housing project will be for clients who meet the 50% AMI income limit. The rental housing program will service individuals and families at risk of homelesssness who will have incomes that do not exceed more than 60% AMI. The operations subsidy to preserve affordable units will increase low-income units at all affordability levels, but primarily includes very low (50% AMI) units. The assistance to emergency shelters will primarily benifit people who have a complete lack of access to housing at the lowest of AMI levels.
Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) PLHA funds will be directed towards subsidizing a gap in operating expenses anticipated for 4 years for additional supportive services to 67 low income units of which 16 are occupied by formerly homeless veterans. In the 2nd year of the program, funds will also be used to preserve 147 low-income units through the provision of an operations subsidy to a non-profit provider.
Funding Allocation Year 2019 2020 2021 2022
Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
415
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Affordable Rental
Housing Activity
20.0% 25.0% 10.0% 10.0%
§302(c)(4)(E)(ii) Area Median
Income Level Served 50% 50% 50% 50%
N/A N/A
TOTAL
1476
§302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
Note: complete for year 2019
& 2020 only
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years §302(c)(4)(E)(ii) Projected
Number of Households Served 67 214 67 67
743 733
PLHA Page 1 302(c)(4) Plan
74 of 201
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
In July 2020 - developer BRIDGE Housing will execute resident services agreement with ABODE to provide increased resident services for Montara veteran tenants and start taking applications. In August 2020, BRIDGE will conduct elligibility review on applications for prospective tenants and begin selection process. In September to October 2020, residents will move into the property and services will commence. City will provide gap subsidy to BRIDGE in September 2020 - 2024. It is estimated that the project will be able to cover costs of increased services from Year 5+. In August 2022, HIP Housing requested assistance to cover operations costs in order to preserve their affordable units managed in their six properties throughout the City of San Mateo. City will provide operations subsidy in September 2022 to June 2023 for the preservation of 147 affordable units. §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.
PLHA funds will be provided to a non-profit organization to be used for rapid-rehousing and supportive services for at risk San Mateo citizens throughout all 5 years. In year 2, support will be provided to a homesharing program that matches prospective low-income tenants with available rooms in existing homes. From the 2nd year and onward, the remaining assistance will also be provided to two emergency shelters for people experiencing homelessness.
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). 2020 2020 2021
5.00% 10.00% 10.00%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity
80.00% 55.00% 75.00% 75.00% 85.00%
Supportive
/Case
Managem
ent
Services
Emergenc
y Shelter
Operating
Emergenc
y Shelter
Operating
Emergenc
y Shelter
Operating
Funding Allocation Year 2019 2020 2021 2022 2023 2022 2023 Rapid
Rehousing
Rapid
Rehousing
Rapid
Rehousing
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.
TOTAL30% 30% 30% 30% 30%§302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30%
In December 2020, City will issue a request for proposal to select a non-profit organization to administer the rapid rehousing program. In March 2021, a provider was selected and a contract was executed in July 2021. The rapid rehousing program has commenced as an annual activity and will continue to run throughout the term of the 5 year PLHA program. In the second year, contracts will be awarded to organizations which provide supportive services that allow people to obtain housng and for operations costs of two emergency shelter. These contracts will be awarded in Fall 2022 and will terminate at the end of the fiscal year in June 2023. Similar contracts will run on an annual basis for years 3 - 5 of the PLHA program for organizations that serve other identified needs that are elligible for PLHA funding. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for year 2019
& 2020 only
743 733 N/A N/A N/A 733 733 N/A N/A N/A 2942
30% 30% 30%
Emergenc
y Shelter
Operating
10.00% 10.00%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
824
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
§302(c)(4)(E)(ii) Projected
Number of Households Served 10 10 10 10 10 14 190 190 190 190 Rapid
Rehousing
Rapid
Rehousing
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance.
PLHA Page 2 302(c)(4) Plan
75 of 201
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low- interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.
PLHA Page 3 302(c)(4) Plan
76 of 201
77 of 201
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: 6 Section Name: CONSENT CALENDAR Account Number: 10-2131 File ID: 23-7123 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Information Technology Department
MEETING DATE: February 06, 2023
SUBJECT:
Enterprise Resource Planning Software Licensing, Maintenance and Support Services – Amendment RECOMMENDATION:
Approve Amendment No. 1 to the agreement with Tyler Technologies, Inc. for Eden financial, human resources, and payroll annual maintenance and support in the amount $112,636.15 for the period covering January 1, 2023 through December 31, 2023, and authorize the Information Technology Director to execute the amendment in substantially the form presented.
BACKGROUND:
The City annually renews maintenance and support for the Eden enterprise resource planning (ERP) software. Renewal ensures the City uses a fully licensed financial and human resources information system and payroll processing system, along with vendor-supplied technical and end-user support. These maintenance and support services are vital to the City’s ongoing operations. Contract renewal requires Council attention due to annual rate increases.
The current agreement, approved by City Council on March 21, 2022, automatically renewed on January 1, 2023, in accordance with the terms in the executed agreement. However, the annual cost and any cost increases of Tyler Technologies, Inc.’s (Tyler) support and maintenance services requires City Council approval. For this year, the cost for support and maintenance increased by $3,280.69 since the original agreement’s execution, and an amendment is required to cover the fully renewed term and ensure maintenance of the software through December 31, 2023. The total amount of the agreement for the period January 1, 2023 through December 31, 2023 is $112,636.15. Because the City continues to require Tyler’s services, staff recommends approval of Amendment No. 1.
Staff is currently working on implementing Workday to replace the Eden software, and expects 2023 to be the last year of paying for Eden software and maintenance.
BUDGET IMPACT:
Annual maintenance and support for Eden is included in the annual operating budget for the Information Technology Department.
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.
78 of 201
CITY OF SAN MATEO
ATTACHMENTS
Att 1 - Amendment No. 1
STAFF CONTACT
Jonathan Strange, System Analyst I
[email protected]
(650) 522-7119
79 of 201
Contract Amendment Page 1 of 2
Rev 7/21
AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND
TYLER TECHNOLOGIES, INC. FOR
ANNUAL MAINTENANCE FOR ENTERPRISE RESOURCE PLANNING SOFTWARE ($112,636.15)
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Tyler Technologies, Inc. (“Tyler Technologies”), entered into a License and Services Agreement for financial, human resources, and payroll annual maintenance and support (“Agreement”) on January 1, 2022; and
WHEREAS, City and Tyler Technologies wish to amend the Agreement effective January 1, 2023 to revise the total cost of services in the amount of $112,636.15 for the period of January 1, 2023 to December 31, 2023.
NOW, THEREFORE, the parties agree as follows:
1. Exhibit A of the Agreement is amended to include the revised annual maintenance and support rates and pricing in accordance for Tyler Technologies’ software and services for the period from January 1, 2023 to December 31, 2023.
“Starting January 1, 2023, the total costs of maintenance and support services for the term of January 1, 2023 to December 31, 2023 is $112,636.15”
2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
80 of 201
Contract Amendment Page 2 of 2
Rev 7/21
IN WITNESS WHEREOF, CITY OF SAN MATEO and TYLER TECHNOLOGIES, INC. have executed this Amendment No. 1 on ___________________.
CITY OF SAN MATEO CONTRACTOR
Pete Owen
Information Technology Director
Date Rob Kennedy-Jensen
Its Authorized Agent
Director of Contracts
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.
Date
APPROVED AS TO FORM ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date
81 of 201
CITY OF SAN MATEO
3 8
8 8
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: 10-1311 File ID: 23-7136 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: February 06, 2023
SUBJECT:
Minimum Wage Enforcement Services – Agreement
RECOMMENDATION:
Approve an agreement with City of San Jose's Office of Equality Assurance for Minimum Wage Ordinance Enforcement services in the amount of $30,000 and authorize the City Manager to execute the agreement in substantially the form presented.
BACKGROUND:
In August 2016, the City Council adopted an ordinance to incrementally increase its local minimum wage from $10.00 per hour to $15.00 per hour by 2019. From 2019 to 2022, the local minimum wage has increased based on the regional Consumer Price Index (CPI). In the fall of 2022, City Council amended the minimum wage ordinance to cap the CPI increases to 3.5% per year, include a catch-up provision, and round the wage to the nearest nickel. As of January 1, 2023, the minimum wage for all employees who perform at least two hours of work per week in San Mateo is $16.75 per hour.
To administer the program, the City contracts with the City of San Jose’s Office of Equality Assurance (OEA) for all enforcement efforts on behalf of the City. The OEA provides this service to most cities in San Mateo and Santa Clara Counties who have a local minimum wage. Much of their work includes answering questions regarding the ordinance, conducting complaint intake, investigating employers, calculating back wages owed, calculating the new minimum wage, and preparing and sending written notices to violators.
From 2017 to 2020, the City’s contract with OEA was a pay per service fee with a cap of $30,000 per year, meaning the City was charged based on the hours spent on enforcement each year. However, in 2020, OEA changed their fees from pay per service to a flat fee of $15,000 per year. The change was made to accurately compensate the volume of calls and cases they receive for each city with which they contract. In the past, OEA had difficulty tracking and billing for the phone inquiries that they took in for the various cities and therefore typically did not bill for the majority of their work and was therefore operating at a significant loss to the City of San Jose. The change to a flat fee covers all costs for enforcement.
Since the adoption of the policy and contracting with OEA, OEA has conducted investigations into four complaints received from 2017 to 2022. Two of the cases closed because the business closed, sold, or transferred to new owners. The third case, which took place in 2018, resulted in the restitution of $1,485.88 in wages to three employees. The fourth case, which took place in 2022, resulted in the restitution of $673.44 in wages to six employees.
The City’s current agreement with San Jose is set to end June 30, 2023, but the City has the option to extend the term to June 30, 2025. Staff does not have the capacity to administer and enforce the minimum wage in-house and therefore recommends continuing to work with the City of San Jose. Although the agreement amount threshold is within the City Manager’s approval authority, City Council approval is required because this is an interagency agreement. Following
82 of 201
CITY OF SAN MATEO
3 8
8 8
Council approval, staff from the City of San Jose will bring the contract before the San Jose City Council for their review and approval.
BUDGET IMPACT:
The cost to enforce the local minimum wage ordinance is $15,000 per year for a total of $30,000 over the two-year period covered by the agreement. This cost is included in the City Manager’s annual budget allocation.
ENVIRONMENTAL DETERMINATION:
This agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Minimum Wage Services Agreement
STAFF CONTACT
Denise Garcia, Management Analyst I
[email protected]
(650) 522-7003
83 of 201
AGREEMENT BETWEEN
THE CITY OF SAN MATEO AND THE CITY OF
SAN JOSE FOR MINIMUM WAGE ENFORCEMENT
SERVICES
THIS AGREEMENT is between the City of San Mateo, a municipal corporation ("City"), and the City of San Jose, a municipal corporation ("San Jose"). City and San Jose are sometimes hereinafter referred to as a “Party” and collectively as the “Parties”.
WHEREAS, San Jose has a local minimum wage ordinance; and WHEREAS, San Jose’s Office of Equality Assurance (“OEA”) implements and enforces San Jose’s local minimum wage ordinance; and
WHEREAS, City has a local minimum wage ordinance that is substantially like San Jose’s local minimum wage ordinance; and
WHEREAS City’s local minimum wage ordinance authorizes the use of third parties to assist in implementing and enforcing ordinance; and
WHEREAS, City and San Jose desire to enter into an agreement whereby San Jose provides certain services related to implementing and enforcing City’s minimum wage ordinance.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Services by San Jose: San Jose will provide the services described in Exhibit "A," which is attached hereto and incorporated by reference. (Collectively “Services.”) San Jose will determine the method, details and means of performing the Services in consultation with City.
1.1 San Jose will perform the Services in the same manner that it administers and enforces its own minimum wage ordinance.
1.2 San Jose will direct any questions or issues regarding the interpretation, administration or enforcement of City’s minimum wage ordinance to City. City must provide timely and appropriate direction responding to San Jose’s question or issue. San Jose will provide the Services in accordance with such direction.
2. Term of Agreement/Option to Extend: The Agreement is renewed effective on July 1, 2023 and expires on June 30, 2025, unless terminated earlier in accordance with Section 14 (“Initial Term”).
84 of 201
3. Duties of City : City must provide San Jose with all documents, materials and information (collectively “Written Materials”) needed for San Jose to properly perform the Services. Once it has completed the Services for which the W ritten Materials were needed, San Jose will return them to City.
4. Compensation: San Jose will submit annual invoices to City for Services performed in the following year. City will provide San Jose with the address and person to whom San Jose must submit its invoices. City will pay San Jose at the rates specified in
4.1 and 4.2 of this section. Option and any future escalations begin each July 1 upon mutual written agreement by the Parties.
4.1 Maximum Compensation – Initial Term: The maximum compensation the City will pay San Jose for the Term is Thirty Thousand Dollars ($30,000).
4.2 Maximum Compensation – Option Term: The maximum compensation the City will pay San Jose for each year of the Option Term is Fifteen Thousand Dollars ($15,000).
5. Ownership of San Jose’s Work Product: Upon reasonable written notice, City will have full access to all working papers, drawings, photographs, recordings and other documents created or obtained by San Jose in performing the Services (collectively “Work Product”). Work Product is the property of City at the time it is create d or obtained by San Jose. San Jose may retain a copy of Work Product provided to City.
6. Conflict of Interest: San Jose will avoid all conflicts of interest, or appearance of conflict, in performance of this Agreement and agrees to immediately notify City in writing of any facts that may give rise to a conflict of interest. San Jose is aware of the prohibition that no officer of City shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. During the term of this Agreement, San Jose will not accept an obligation that is inconsistent or incompatible with San Jose’s obligations under this Agreement.
7. Proprietary/Confidential Information: San Jose will immediately give City a copy of any Work Product that City or some third-party claims is proprietary, confidential, or otherwise not publicly disclosable. City is responsible for making determinations regarding the disclosure of Work Produ ct, for any litigation resulting from its determination, and for providing San Jose with appropriate direction regarding the disclosure of Work Product.
8. Independent Contractor: San Jose is acting as an independent contractor in performing the Services required by this Agreement and is not an agent, servant or employee of City. Nothing in this Agreement creates an employer and employee relationship between City and San Jose. San Jose will pay all required state and federal taxes.
9. Indemnity: This provision applies in lieu of Government Code Section 895.6.
85 of 201
9.1 San Jose will indemnify and hold harmless City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses (collectively “Claims”), arising out of the performance of this Agreement, to the extent such Cla ims are caused by any negligent act or omission of San Jose.
9.2 City will indemnify and hold harmless San Jose and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses (collectively “Claims”), aris ing out of the performance of this Agreement to the extent such Claims are caused by any negligent act or omission of City.
9.3 Notwithstanding anything to the contrary in this Agreement, San Jose’s liability for any action or event occurring (a) during the Initial Term will not exceed the maximum dollar amount payable to San Jose during the Initial Term and (b) during an option year will not exceed the maximum dollar amount payable to San Jose during such option year.
10. Insurance: The City and San Jose are each self-insured with respect to claims for which it would bear responsibility under this Agreement, including but not limited to liability, automobile, and workers’ compensation insurance, as authorized under Government Code S ection 990.4 and Labor Code Section 3700. Information concerning this self-insurance is publicly available.
11. Dispute Resolution: If a question arises regarding interpretation of this Agreement or its performance, or the alleged failure of a party to perform, the party raising the question or making the allegation must give written notice thereof to the other party.
The parties will promptly meet in an effort to informally resolve the issue. If the parties fail to resolve the issue, alternative forms of dispute resolution, including mediation, may be pursued by mutual written agreement of the City and San Jose. The parties intend that to the extent possible litigation be avoided as a method of dispute resolution.
12. Notices: All official notices required by this Agreement must be in writing, and must be personally delivered, sent by first class with postage prepaid, or sent by commercial courier, addressed as follows:
To CITY: City of San Mateo
Jennifer Chen- Economic Development Manager
300 W. 20th Avenue
San Mateo, CA 94403
To SAN JOSE: Christopher Hickey
Office of Equality Assurance
86 of 201
City of San José
200 East Santa Clara Street, Fifth Floor
San José, CA 95113
Each Party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of five (5) days after mailing, unless such date is a date on which there is no mail service. In that event communication is deemed to occur on the next mail service day.
13. Assignment: The expertise and experience of San Jose are material considerations for this Agreement. Neither party shall assign or sublet any portion of this Agreement without the prior written consent of the other Party.
14. Termination:
14.1 Either Party may terminate this Agreement for cause based on a material breach by the other party by giving the breaching party thirty (30) calendar days written notice.
14.2 Either party may terminate this Agreement without cause by giving the other party at least ten (10) calendar day’s written notice.
14.3 If this Agreement is terminated, City will compensate San Jose in proportion to the percentage of Services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of the termination notice. San Jose will present City with any work product completed at that point in time.
15. Entire Agreement/Amendment: This writing constitutes the entire agreement between the parties relating to the Services. No prior oral or written understanding is of any force or effect with respect to those matters covered hereunder.
Modifications to this Agreement must be by written amendment signed by both parties.
16. Miscellaneous: Time is of the essence in this Agreement. Failure of either party to enforce any provision of this Agreement is not a waiver of that party’s right to compel future enforcement of the provision or any other provision. This Agreement will be governed and construed in accordance with the laws of the State of California.
17. San Jose’s Books and Records: San Jose will maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to San Jose.
87 of 201
17.1 San Jose shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
17.2 San Jose will make records or documents required to be maintained pursuant to this Agreement available for inspection or audit at no cost to City, during regular business hours, within a reasonable time following a written request by City’s authorized representative. Unless an alternative is mutually agreed upon, San Jose will make the records available at San Jose’s address indicated for receipt of notices in this Agreement.
18. Venue: In the event of a lawsuit by either Party, the venue will be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.
CITY OF SAN MATEO ("CITY") APPROVED AS TO FORM:
By______________________________ By______________________________
MAZARIN VAKHARIA DREW CORBETT
City Manager, City of San Mateo Assistant City Attorney, City of San Mateo CITY OF SAN JOSE (“SAN JOSE”) APPROVED AS TO FORM:
By_______________________________ By_______________________________
SARAH ZARATE ERINQUE FERNANDEZ
Director City Manager's Office Deputy City Attorney
88 of 201
EXHIBIT “A”
SCOPE OF SERVICES
San Jose’s Office of Equality Assurance (“OEA”) will provide the following Services.
When providing the Services, OEA will identify itself as providing the Services on behalf of City.
Services do not include OEA providing any legal services. Nor do Services include OEA responding to any inquires or performing any work that requires or involves legal advice or interpreting City’s Minimum Wage Ordinance.
Task 1. OEA will answer general written and telephonic inquiries regarding City’s Minimum Wage Ordinance. Examples of general inquiries include questions about wage rates, who is covered, how to file complaints, and the effective date of the Ordinance.
Task 2. OEA will answer written and telephonic inquires, requiring research, regarding City’s Minimum Wage Ordinance. Examples of these inquires include current minimum wage rate, coverage to employees and employers, and clarifications of regulations.
Task 3. OEA will conduct complaint intake. OEA will prepare and issue notices of complaint and requests for documentation when it determines doing so is appropriate. OEA will copy City on all notices and requests.
• OEA will conduct complaint intake via telephone, in writing or in person, as it determines is warranted by the situation. Complaint intake will include obtaining the following information: complainant’s name, address, phone number, company, manager, type of work performed, how/when paid, work schedule, rate of pay, copies of pay stubs, records of hours worked.
• OEA will prepare and serve a written notice of complaint to the complainant’s employer. In addition to notifying the employer of the complaint, the notice will request the employer to provide – within 10 business days of the notice date - documents relevant to establishing whether or not a violation occurred. Requested documents will include:
▪ Original time cards, sign-in sheets, ledgers, electronic records and any payroll records which show actual hours worked each day for each employee for the relevant period.
▪ Copies of payroll check stub details and/or itemized pay stubs for each employee for the relevant period.
89 of 201
▪ List of former and current employees with addresses, telephone numbers and job title/position, including employment start and end dates.
• OEA will review documents provided by an employer in response to a notice of complaint. OEA will notify City, in writing, if the employer does not respond, or responds incompletely, to the notice of complaint.
The Services do not include OEA taking any enforcement action or other actions against an employer who does not respond, or responds incompletely, to the notice of complaint.
Task 4. If OEA will make a recommendation to City regarding whether further investigation is appropriate. If City directs OEA to conduct further investigation, OEA will do the following:
• OEA will visit the complainant’s workplace for the purpose of on-site interviews and review of workplace conditions. OEA will document the visit.
• OEA will interview other workers for the purpose of determining current workforce and hourly rates of pay. OEA will document the interview(s).
Task 5. Based on the documents provided by the employer, the workplace visit and the worker interview(s), OEA will determine whether it believes a violation has occurred. If OEA concludes a violation has occurred, it will calculate any back wages owed. OEA will make a recommendation to City regarding whether to issue a notice of violation. If, and only if, City directs OEA to issue a notice of violation, OEA will perform Task 6.
Task 6. OEA will prepare and send to complainant’s employer a written notice of violation and opportunity to correct. OEA will copy the notice to City. The notice will explain the basis of the violation, include all supporting evidence and set forth requirements for correcting the violation. The notice will also set forth a ten (10) business day time from the date of the notice for the complainant’s employer to do the following: (1) submit additional documents or information establishing the employer’s innocence, and/or (2) request a meeting with the OEA Director to contest the violation.
Task 7. If the complainant’s employer contests the notice of violation, the OEA Director will do the following: (1) review any additional information and/or documentation submitted by the employer, and (2) meet with the employer if the employer requests a meeting. The OEA Director will issue a written final decision to the employer, with a copy to City, upholding, revising or dismissing the notice of violation. The final decision will set forth the
90 of 201
reasons supporting the OEA Director’s decision. The final decision of the OEA Director also will include instructions on how the employer can appeal the decision to City. City must provide OEA with a standard appeals language to include in the OEA decisions.
Task 8. The Services do not include San Jose taking any further enforcement action, except that, upon City’s request, OEA staff involved in the enforcement action will testify at a City Administrative Hearing and at any court proceedings.
Task 9. OEA will annually update minimum wage rates based on Consumer Price Index as identified in City’s Minimum Wage Ordinance.
o OEA will perform annual wage updates in October of each year.
o OEA will notify City of any changes to the minimum wage by November 15 of each year.
o OEA will transmit documentation of the future increases to City by December 1 of each year.
Task 10. OEA will attend meetings as requested by City pertaining to any minimum wage complaints completed, in an open and active investigation, or during the intake complaint process.
Task 11. OEA will prepare quarterly reports of the number of complaints, violations, employees affected, wages restituted back to employees, and penalties assessed.
Task 12. One (1) hour Minimum Wage Training to employees, businesses, stakeholders, etc. as requested by City.
91 of 201
CITY OF SAN MATEO
3 8
9 9
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 23-7150 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: February 06, 2023
SUBJECT:
Property Tax In-Lieu of Vehicle License Fee Shortfall – Letter of Support RECOMMENDATION:
Authorize the Mayor to sign a letter of support on behalf of the City Council to State officials requesting their assistance in getting the Property Tax in-lieu of Vehicle License Fee shortfall backfill included in the Governor’s May Revise budget.
BACKGROUND:
The Vehicle License Fee (VLF) "Swap" was an integral part of the 2004 budget compromise (SB 1096). Under the terms of that compromise, the State permanently reduced VLF revenues to cities and counties by 67.5% and also shifted $1.3 billion in local property taxes to pay the State's school funding obligation for two fiscal years. Through these actions, the counties and cities gave up significant revenues to address the State's budget deficit. In exchange, the State guaranteed the counties and cities an in-lieu VLF payment that is adjusted annually by the growth in property tax. The VLF Swap legislation identified two sources of funding to pay the State's in-lieu VLF obligation: (1) ERAF distributions to non-basic aid schools and (2) property tax revenues of non-basic aid schools. The State would then backfill those losses by the schools to ensure minimum funding obligations were met. In recent years as more school districts within the county have moved into basic aid status, there has not been funding available to fulfill the State's in-lieu VLF obligation, which has resulted in a shortfall.
For 2021-22, the countywide shortfall was approximately $32 million, which resulted in a nearly $2 million shortfall for the City. When these shortfalls have occurred in the past, the State has made the County and its cities whole by reimbursing the shortfalls 14 months after the fiscal year in which the shortfall occurred through special appropriations in the State budget.
The backfill for the 2021-22 VLF shortfall was not included in the initial release of the 2023-24 State budget. As such, the County and its cities are initiating efforts to advocate for this funding to be included in the Governor’s May Revise budget.
One of the initial steps in this process is to send letters to State officials requesting their assistance in getting the VLF shortfall backfill included in the May Revise. The draft letter to be signed by Mayor Lee and sent on behalf of the City is included as Attachment 1. Staff is also requesting authorization from Council to send any additional letters from the Mayor on behalf of the City to the State delegation or other stakeholders as requested by the County on this issue.
BUDGET IMPACT:
There is no direct budget impact for authorizing the Mayor to sign this letter of support. However, should the State not include backfill funding to address the VLF shortfall, the City’s fiscal year 2023-24 budgeted revenues will be reduced by nearly $2 million.
ENVIRONMENTAL DETERMINATION:
This administrative action is not a project subject to CEQA, because it is an organizational or administrative activity that
92 of 201
CITY OF SAN MATEO
3 8
9 9
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 – Letter to State Delegation
STAFF CONTACT
Drew Corbett, City Manager
[email protected]
(650) 522-7002
93 of 201
94 of 201
95 of 201
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: 9 Section Name: CONSENT CALENDAR Account Number: 10-1111 File ID: 23-7154 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 06, 2023
SUBJECT:
Councilmember Rich Hedges City Absence – Approval Request RECOMMENDATION:
Approve a request from Councilmember Rich Hedges to be continuously absent from the city for more than 30 days, during the period February 2, 2023 through March 31, 2023.
BACKGROUND:
City Charter Section 2.07 ‘Forfeiture of Office’ states that: “Any councilmember shall forfeit his/her office who […] (2) is absent from the city continuously for more than 30 days without permission of a majority of the remaining councilmembers.” Councilmember Hedges notified staff of his request to remotely participate in Council meetings during the months of February and March 2023. As identified in City Charter Section 2.07 a majority of the remaining councilmembers is required to approve this absence from the city without invoking forfeiture of office. Councilmember Hedges informed staff of his intentions during this period to either return to the city to attend Council meetings or to remotely attend.
BUDGET IMPACT:
There is no budget impact associated with this action.
ENVIRONMENTAL DETERMINATION:
This request 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
There are no attachments associated with this Agenda Report.
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
96 of 201
CITY OF SAN MATEO
3 9
0 2
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: 18-6117 File ID: 23-7155 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: February 06, 2023
SUBJECT:
Parks and Recreation Bulk Printing and Mailing – Purchase Order Authorization RECOMMENDATION:
Adopt a Resolution to approve an alternative bidding process, approve a purchase order with Folger Graphics for bulk printing and mailing of the recreation activity guides and summer booklet in the amount of $150,000, with the understanding that approximately $60,000 in expenditures have already been incurred but not paid, and authorize the Director of Parks and Recreation to execute the purchase order in substantially the form presented.
BACKGROUND:
The Recreation Division of the Parks and Recreation Department creates, prints and mails four activity guides and one summer booklet per fiscal year. The department has historically worked with Folger Graphics for the printing and mailing of the activity guides and booklet. Past department practice has been to obtain informal bids through open market purchasing procedures to select a supplier. Invoices are received after the work is complete and paid for with a purchase order. In February 2022, staff requested quotes from four local suppliers and received a response from three. All vendors notified staff that the cost of paper was increasing due to inflation and supply chain issues. At the time the quotes were received, the cost of mailing was not included.
The City’s purchasing ordinance requires that purchases of $100,000 or more be competitively bid. However, at the time of the original quotes the cost fell below $100,000. Due to the rising cost of paper, supply chain issues and the inclusion of mailing services, this purchase will surpass the $100,000 limit. Municipal Code Section 3.60.050(b) provides that competitive bidding is not required when it would be unavailing or impracticable to obtain bids. In this instance, it would be unavailing and impracticable to obtain bids, because over 60% of the work has been completed.
Municipal Code Section 3.60.070(h)(3) provides that the City Council can authorize alternative purchasing procedures.
Staff is requesting that the City Council authorize this purchase order, absent competitive bidding, on the grounds that over 60% of the work has been completed and that staff is confident executing a purchase order with Folger Graphics at this time is the best value for the City. For next fiscal year, the department will implement the formal bidding process for our printing needs.
The purchase order is attached (Attachment 2) and a purchase order number will be generated once authority has been granted.
BUDGET IMPACT:
There is no budget impact associated with this purchase order authorization as the cost of printing and mailing the activity guides and booklet is included in the operating budget.
97 of 201
CITY OF SAN MATEO
3 9
0 2
ENVIRONMENTAL DETERMINATION:
This agenda item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Purchase Order Approval Report
STAFF CONTACT
Joanne Magrini, Director, Park and Recreation
[email protected]
650-522-7404
98 of 201
CITY OF SAN MATEO
RESOLUTION NO. (2022)
APPROVING AN ALTERNATIVE PURCHASE PROCEDURE FOR A PURCHASE ORDER WITH FOLGER GRAPHICS
FOR BULK PRINTING AND MAILING OF THE RECREATION ACTIVITY GUIDES AND SUMMER BOOKLET IN THE AMOUNT OF $150,000
WHEREAS, the City Council is being asked to authorize a purchase order with Folger Graphics for bulk printing and mailing of the recreation activity guides and summer booklet in the amount of $150,000; and WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contacts of $100,000 or more; and
WHEREAS, San Mateo Municipal Code Section 3.60.050(b) authorizes City Council to exempt the competitive bidding process where calling for bids is impracticable, unavailing, or impossible and the awarding authority based on the amount of the purchase/contract sets forth findings designating the reasons; and WHEREAS, Folger Graphics offers printing and mailing services for activity guides and other written materials such as booklets; and
WHEREAS, in accordance with CEQA guidelines section 15378(b)(5), this purchase is an administrative activity that will not impact the environment and is therefore not a project subject to CEQA; WHEREAS, based on these circumstances, staff recommends the approval of a purchase order for bulk printing and mailing of the recreation activity guides and summer booklet without standard competitive bid practice because it is in the best interests of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. The purchase of printing and mailing services 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).)
2. In accordance with Municipal Code Section 3.60.050(b) the purchase of printing and mailing services is exempt where calling for bids is impracticable, unavailing, or impossible because in this case over 60% of the work has been completed and executing a purchase order with Folger Graphics at this time is the best value for the City. Transitioning to a new vendor midway through implementation of the work could result in delays and increased costs.
3. The purchase order with Folger Graphics for bulk printing and mailing of the recreation activity guides and summer booklet in the amount of $150,000 is approved. The Parks and Recreation Director is authorized to execute the purchase order in substantially the form presented.
99 of 201
PURCHASE ORDER APPROVAL REPORT
(*Signature is required for Blanket PO requests, signature for Regular POs is optional) Check One: Regular APPROVAL LEVEL (check all that apply):
Blanket Division Mgr. / Deputy Dir. $0-25k
Department Head $25-50K
City Manager $50-100K
DATE:
DEPARTMENT:
SUBMITTED BY:
SUBJECT:
RECOMMENDATION:
COMPETITIVE PRICING - QUOTES
Vendor #1 (Award of Bid)
Name:
Address:
City, State, Zip:
Telephone:
Quote: (Include tax & freight)
Vendor #2
Name:
Telephone:
Quote: (Include tax & freight)
Vendor #3
Name:
Telephone:
Quote: (Include tax & freight)
✔
Parks & Recreation
S. Silberman
FY 2023 Parks and Recreation Activity Guide Printing
It is recommended that the City Council approve a purchase order for $150,000.00 to cover the cost of printing and mailing four activity guides and one summer camp/aquatics booklet Folger Graphics
21093 Forbes Ave
Hayward, CA 94545-1115
510-468-9141
$79,850 (excludes postage)
Print Copy Express
650-356-0152
88,355.80 (excludes postage)
Casey Printing
831-809-8536
93,577.00 (excludes postage)
1/19/23
100 of 201
Purchase Order Approval Report
SUPPLEMENTAL PURCHASING INFORMATION
TYPE OF CONTRACT:
PROCEDURE USED:
Number of Quotations:
Contract/Agreement Required Yes No
Insurance Required Yes No
Bonds Yes No
Prequalification Yes No
BACKGROUND:
(Use this area for the body of the report as usual. If this is a sole source or single bid, please explain below.
If utilizing federal grant funds, you must also provide an explanation for the method of procurement utilized and the basis for the contract price. The basis for the contract price (i.e. hourly rates) should be in the proposal).
Professional Services
Competitive Bid (Informal)
3 ✔
✔
✔
✔
Bids were collected in February of 2022 as paper cost were rising substantially. With the increased paper we will need $150,000 to cover the cost of printing five paper guides and the postage to mail to the community.
101 of 201
Purchase Order Approval Report
BUDGET IMPACT:
Total Amount = $
Account # _______________________________
Are funds for this purchase included in your existing budget? Yes No (if yes, skip below items) If No, can this purchase (whether planned or not planned) be absorbed within your existing budget appropriation? Yes No
If this purchase can not be absorbed within your existing budget, Council action is required regardless of the dollar amount.
COMMENTS:
Approver's Signature:_____________________________ Print:________________________________ Approver's Signature:_____________________________ Print:________________________________ Approver's Signature:_____________________________ Print:________________________________ Approver's Signature:_____________________________ Print:________________________________ (include applicable tax and freight lines in the 'COMMENTS' section below) 150,000
18-6117-11-5215;18-6117-11-5219 Worktag CC_701
✔
102 of 201
CITY OF SAN MATEO
3 9
3 0
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-1311-05 File ID: 23-7176 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: February 06, 2023
SUBJECT:
Landscape Maintenance Services Agreement – Amendment
RECOMMENDATION:
Approve Amendment No. 1 with Brightview Landscape Services to add up to $25,000 to the agreement for the provision of landscape maintenance services in the downtown area, for a new not to exceed amount of $137,840; and authorize the Director of Parks and Recreation to execute the Amendment and up to three (3) one-year extensions.
BACKGROUND:
The Brightview Landscape Services Agreement is for the maintenance of all the planters, both raised and stand-alone, in the downtown area. The agreement covers irrigation maintenance, weed abatement, litter pick-up, and seasonal flower replacements. Periodically, the City requires services that are beyond the scope of routine maintenance. One such situation arose in September 2022. At the direction of the City, Brightview applied 132 cubic yards of mulch to all the planters, and completely changed out plant material in 5 planter beds, quickly enhancing the visual appeal of the downtown area. The new plant material and associated labor is not covered in the original agreement, as it is beyond "seasonal flower replacement." This work was completed at a cost of $12,357. Regrettably, due to staff error, this work was authorized prior to Council approval. Adding a $25,000 contingency to the two-year agreement will allow the City to cover the costs of services previously rendered as well as additional, unforeseeable work not covered in the scope of the agreement.
BUDGET IMPACT:
There are sufficient funds in the City Manager’s Office Economic Development Budget to fund this amendment.
ENVIRONMENTAL DETERMINATION:
This amendment is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Amendment No. 1
103 of 201
CITY OF SAN MATEO
3 9
3 0
STAFF CONTACT
Matthew Fried, Manager Arborist
[email protected]
(650) 522-7422
104 of 201
Contract Amendment Page 1 of 2
Rev 7/21
7 9
1 2
AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND BRIGHTVIEW LANDSCAPE SERVICES FOR
LANDSCAPE MAINTENANCE SERVICES FOR PLANTER AREAS IN THE DOWNTOWN AREA WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and BRIGHTVIEW LANDSCAPE SERVICES, a corporation, entered into an Agreement for LANDSCAPE MAINTENANCE SERVICES on July 12, 2021; and
WHEREAS, City and BRIGHTVIEW LANDSCAPE SERVICES wish to amend the Agreement to add compensation up to $25,000 to the original agreement amount, for a total not to exceed amount of $137,840 for additional scope of work described below.
NOW, THEREFORE, the parties agree as follows:
1. Section 1 (“Scope of Work”) of the Agreement is amended to read:
Scope of Work.
A. Proposer shall perform the work according to the Specification Book therefore entitled: “Landscape Maintenance Services For Planter Areas in the Downtown Area” B. Proposer shall perform other tasks such as planting redesign and install, mulch provision and application, and emergency services beyond what are included in Section 1(A) as requested by the City. Additional fees for this work must be approved by City representative during the term of the Agreement.
2. Section 2 (“Contract Price”) of the Agreement is amended to read:
Contract Price. City shall pay, the Proposer shall accept, in full payment for the work described above in Section 1(A) the sum of $112,840.00. For work described in Scope of Work Section 1(B) to be completed by June 30, 2023, City shall compensate Proposer up to an additional $25,000. The total not to exceed amount for this Agreement and Amendment No. 1 shall be $137,840. The Parks and Recreation Director can execute three (3) one-year extensions.
3. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
105 of 201
Contract Amendment Page 2 of 2
Rev 7/21
7 9
1 2
IN WITNESS WHEREOF, CITY OF SAN MATEO and BRIGHTVIEW LANDSCAPE SERVICES have executed this Amendment No. 1 on ___________________ .
CITY OF SAN MATEO CONTRACTOR
Joanne Magrini
Director of Parks and Recreation
Date Fred Freund
Senior VP
Nor Cal Region
Date
APPROVED AS TO FORM ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Mazarin Vakharia
Assistant City Attorney
Date Brandon Steene
VP, General Manager
San Francisco Market
Date
106 of 201
CITY OF SAN MATEO
3 9
3 7
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: 10-1111 File ID: 23-7183 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 06, 2023
SUBJECT:
Official Visit to Sister City Toyonaka, Japan – Approval RECOMMENDATION:
Receive a formal invite from Mayor Shigeki Osanai of Toyonaka City to travel to Japan to celebrate the 60th Anniversary of the Sister City relationship in October 2023; authorize a written response from Mayor Lee accepting the invitation; and direct the City Clerk to do all things necessary and proper to ascertain Council Member interest in attending and return to Council with a budget appropriation, if needed.
BACKGROUND:
On November 30, 2022 the City received a formal invite to travel to Toyonaka, Japan to commemorate the 60th anniversary of our Sister City relationship. Formal events are scheduled October 3 and October 4, 2023 and they would be honored if Council Members could attend.
In addition, the City has fielded a youth baseball team which competes in friendship games with a Toyonaka youth baseball team every two years, alternating travel every four years to Toyonaka or to San Mateo. During the same celebration in October 2023, the City of San Mateo’s youth baseball team will travel to Japan for the first game post-pandemic (last game was in August 2019, which celebrated the 40th anniversary of that baseball exchange), to reinstitute that important relationship which has been a successful exchange since 1980. Council would also have the opportunity to support and be a chaperone for the youth baseball team. Council Member Eric Rodriguez was the city’s representative at the baseball celebration in 2019.
History of formal delegation visits between Toyonaka and San Mateo • October 1963 – The first visit when the agreement was signed at the Toyonaka City offices with San Mateo Mayor Albert J. Wisner and a delegation of seven other officials present. • May 1964 – Mayor Fujito and three Toyonaka City officials visit San Mateo. • October 1971 – A delegation of 44 visitors from Toyonaka were hosted by the City of San Mateo. • October 1972 – Mary Louis Anderson, Sister City Association and host of the previous year’s visit, officially delivered to Toyonaka letters of commendation and thanks from the San Mateo City Council. • October 1973 – 10th Anniversary – a San Mateo delegation comprised of Elmer S. Anderson, Chairman of the Sister City Association, Mrs. Andersen, and Mr. & Mrs. Nakada visited Toyonaka.
107 of 201
CITY OF SAN MATEO
3 9
3 7
• June 1976 – Mayor Shimomura and wife visit San Mateo for America’s Bicentennial celebration and the 10th Anniversary of the opening of the Japanese Garden in Central Park.
• November 1979 – formal Goodwill visit from Toyonaka – a 36-member delegation from Toyonaka visited San Mateo led by Sister City Chairman Hiroishi.
• November 1979 – Mayor Jane Baker made an official visit to Toyonaka to meet with Mayor Shimomura and members of the Sister City Association.
• July 1983 – 20th Anniversary celebration – 40-member delegation led by Mayor Shimomura of Toyonaka visits San Mateo.
• August 1985 – San Mateo Mayor Aron Hoffman, former Mayor Florence Rhoads, and their families, accompany the Goodwill baseball Exchange Team to Toyonaka.
• August 1987 – Toyonaka Mayor visited San Mateo with the baseball delegation. • October 1988 – 25th anniversary visit celebration visit to Toyonaka, led by Mayor Jane Baker, Councilmembers Paul Gumbinger and Tom Mack, and Past Mayor Hugh Wayne and spouses traveled to Toyonaka. • August 1993 – 30th Anniversary Celebration held in San Mateo with a delegation visiting led by Mayor Hayashi and members of the Toyonaka City Council.
• August 1994 – San Mateo’s Centennial Celebration. A delegation of Mr. Nobuyoshi Kitano and Mr. Taku Nagao presented official gifts in honor of San Mateo’s 100 years.
• August 1999 – Mayor Claire Mack accompanied the baseball team as part of an official visit to Toyonaka. • October 2000 – A visit from Toyonaka to San Mateo of Senior citizens (20 person delegation) to encourage senior exchanges.
• August 2003 – 40th Anniversary visit, Mayor Claire Mack and Deputy Mayor Carole Groom led a delegation to Toyonaka as part of the commemorative ceremonies.
• August 2013 – 50th Anniversary visit, Toyonaka came to San Mateo with a 40+ member delegation. • April 2014 – official goodwill visit from City Clerk Patrice Olds to deliver the artwork commissioned to celebrate the 50 th anniversary visit.
• August 2016 – 50 th Anniversary of San Mateo’s Japanese Garden, Toyonaka sent ten officials to participate in the celebration hosted by the City of San Mateo.
• October 2018 – Council Member Maureen Freschet traveled to Toyonaka with the inaugural girls softball exchange as the City’s official representative.
• August 2019 – Council Member Eric Rodriguez traveled to Toyonaka with the baseball team and was the City’s official representative to celebrate the 40th Anniversary of the San Mateo-Toyonaka Baseball exchange.
In addition to the formal visits, there have been many informal visits in which the City Council hosted a welcome.
108 of 201
CITY OF SAN MATEO
3 9
3 7
Next Steps
1. At this meeting please receive the invitation from the Mayor of Toyonaka.
2. Authorize a response from Mayor Lee accepting the invitation with more details to follow.
3. Direct City Council members to individually contact the City Clerk to express their own interest in attending the 60th anniversary celebration.
4. Direct the City Clerk to return to the Council with additional information and a budget appropriation, if needed.
BUDGET IMPACT:
Anticipated airline ticket and lodging costs are anticipated to be between $3,500 to $5,000 per city representative.
ENVIRONMENTAL DETERMINATION:
The receipt of a formal invitation and approval of a written response 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 - Letter Mayor Osanai
Att 2 - Proposed letter Mayor Lee
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
109 of 201
110 of 201
February 6, 2023
The Honorable Shigeki Osanai
Mayor of Toyonaka City
561-8501 Osaka,
Toyonaka-shi, Nakasakurazuka 3-1-1
Dear Mayor Osanai,
Thank you for your letter of November 30, 2022. We are so excited to honor the 60th anniversary celebration of our special sister city friendship. The City of San Mateo has great pride in this long- established tradition of friendship exchanges, and we are very excited to participate with this momentous celebration.
We gratefully accept your invitation and will respond with attendee information and plans in the very near future.
I understand the formal welcome reception is Tuesday October 3, 2023 followed by two events commemorating the 60th Anniversary with a formal ceremony in the morning of Wednesday October 4, 2023, followed by a tree planting ceremony of a redwood and roses.
We are honored to be part of the program and would be pleased to provide comments at the ceremony.
Thank you for the invitation and we look forward to meeting with you in October and continuing to build on this very important relationship.
Sincerely,
Amourence Lee
Mayor
City of San Mateo
CITY OF SAN MATEO
OFFICE OF THE MAYOR
330 W. 20th Avenue
San Mateo, CA 94403-1338
www.cityofsanmateo.org
(650) 522-7040
111 of 201
CITY OF SAN MATEO
3 8
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: 10-3134 File ID: 22-7063 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: February 6, 2023
SUBJECT:
1654 S. Grant St. Unit #2 – Property Owner Appeal of Permanent Relocation Costs RECOMMENDATION:
Deny the appeal and uphold the notice to the Property Owner requiring reimbursement to the City of San Mateo for permanent relocation benefits provided to the tenants residing at 1654 S. Grant St. Unit #2 due to unlawful substandard living conditions pursuant to San Mateo Municipal Code Chapter 7.50 “Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units;” and direct staff to draft a Statement of Decision reflecting the City Council’s determination.
BACKGROUND:
History
County records show that current property owner, Lydia Candila (Ms. Candila), purchased the subject four-plex apartment building located at 1654 S. Grant St. in April of 2004. Since that time, there have been a total of seven code enforcement cases, with three active cases on units #2, #4, and #5. The open case for unit #5 is due to its unpermitted status. The unit is unoccupied, and Ms. Candila is working with the City to legalize the unit. The open case on unit #4 was initiated for substandard conditions, including, mold, lack of heat, and a non-functioning toilet. The substandard conditions in unit #4 were addressed and the City is working with Ms. Candila to address other non-substandard violations. The open case for unit #2, which is the subject of this appeal, is the second code enforcement case related to this unit for substandard conditions. The first was in 2019 for visible mold and lack of heat and was closed without relocating the tenants.
Case summary
On August 31, 2022, Code Enforcement received a complaint of substandard conditions in unit #2, which is a 2-bedroom unit with seven occupants (four adults and three children). The complaint consisted of cockroaches, rats, mold, and electrical issues. On the same day, Code Enforcement Officer Kristen Aiu (CEO Aiu) conducted an inspection with one of the tenants. During the inspection, the following substandard conditions were visually observed:
•Mold in one of the bedrooms and bathroom
•Cockroaches and evidence of rodents in the kitchen
•Inoperable smoke detectors
•Lack of hot water in the kitchen sink
The following written documents were provided to Ms. Candila:
•August 31, 2022: Warning Letter to Abate a Public Nuisance (Att. 1); compliance date of September 6, 2022 •September 9, 2022: Final Notice to Abate (Att. 2); compliance date of September 15, 2022 •September 29, 2022: Notice to Vacate and Declaration of Substandard Dwelling Conditions and a $100 citation
112 of 201
CITY OF SAN MATEO
3 8
5 1
(Att. 3); deadline was October 6, 2022
In the intervening time, on September 16, 2022, CEO Aiu received a call from the tenant explaining more cockroaches were in the unit and pest control treatments had not been performed.
The September 29, 2022 notice required Ms. Candila to provide a certified pest control and mold inspector to inspect and provide a report to the City. If the report was not provided by October 6, 2022, Ms. Candila was advised she may need to relocate the tenants until the substandard conditions were abated. Prior to that, on September 16, 2022, City staff had discussed with Ms. Candila that pursuant to SMMC sections 7.50.030(a) and 7.50.070, a tenant household eligible for relocation payments from the property owner may be advanced temporary or permanent relocation payments from the City if a tenant needs to be relocated and the landlord fails to make the unit habitable or provide the relocation payments in a timely manner. Ms. Candila was advised that this has been the City’s practice and would be its course of action if the unit remained substandard and she refused to relocate the tenants. Staff continued to work with Ms. Candila and the tenants to see if the case could be resolved without the need for relocation, and it appeared at times like progress was being made.
However, on October 18, 2022, due to continued lack of cooperation from Ms. Candila and the history of substandard conditions in this building under Ms. Candila’s ownership, the Community Development Department Director determined it was appropriate to permanently relocate the tenant household pursuant to SMMC section 7.50.090(a). Additionally, the City would advance the permanent relocation costs pursuant to SMMC section 7.50.070(a) since the landlord was not cooperative. City staff submitted the permanent relocation payment request to the Finance Department and Ms. Candila and the tenants were notified of the determination. City staff had multiple conversations with the tenants concerning vacating the unit and, though the tenants had hoped to remain in their home, were eventually able to be relocated to a hotel.
On October 31, 2022, Ms. Candila provided a mold report from Pure Environment (Att. 5). The report stated that all biological pathogens in the air and on surfaces were cleared. In response, City staff conducted an inspection on November 1, 2022, and visible mold and cockroaches were observed in the unit and the substandard conditions remained. On November 12, 2022, City staff was notified by the tenant that she and her family had vacated the unit and moved to a hotel. As noted above, this took some time as they had hoped to remain in their home.
On November 15, 2022, City staff received the permanent relocation check from the Finance Department and an Invoice Notice of Relocation Payments by the City was issued to Ms. Candila (Att. 4). Included in the notice, pursuant to SMMC sections 7.50.070(a) & 7.50.090(a), the property owner was ordered to reimburse the City the permanent relocation costs in the following amounts:
1. The HUD rate for a two-bedroom unit in San Mateo County is $3,198 x 3 months = $9,594
2. An immediate vacation allowance of $1,000 because the tenant received fewer than 30 days’ advanced notice before being displaced.
The total sum of the permanent relocation costs is $10,594.
Appeal:
The property owner has appealed payment for the cost incurred for the permanent relocation of the tenant household.
Ms. Candila states that all items in the Notice to Vacate were addressed; however, on November 1, 2022, City staff confirmed that substandard conditions remained.
Analysis:
SMMC section 7.50.030(a) defines when tenants are eligible for relocation payments. It states, in pertinent part:
(a) A tenant household shall be eligible for relocation payments from a property owner under this chapter if the tenant household is displaced from its dwelling or room due to the City's code enforcement activities. For purposes of this chapter, a tenant household shall be deemed to be displaced from its dwelling or room due to code enforcement activities in either of the following circumstances:
113 of 201
CITY OF SAN MATEO
3 8
5 1
1. The tenant household receives a notice from the property owner requiring the household to vacate or quit the dwelling or room at any time after the City or a court has issued a notice to vacate, notice to abate life-threatening condition or a declaration of substandard condition covering that dwelling or room… (SMMC §7.50.030(a).)
In accordance with SMMC sections 7.50.030(a) and 7.50.040, Code Enforcement determined the substandard conditions made the unit uninhabitable and issued three notices to the property owner, Ms. Candila, including a Notice of Substandard Condition and Notice to Vacate. City staff then made reasonable efforts and allowed a reasonable time for the property owner to correct the substandard conditions; however, multiple ordered abatement periods expired without the corrections being made. As a result, pursuant to SMMC section 7.50.070(a), the City, in its sole discretion, was authorized to make any of the payments required of a property owner under the chapter. Such payments are a continuing obligation of the property owner and requires reimbursement from the property owner to the City. Therefore, Ms. Candila is responsible for reimbursing the City for the costs associated with permanent relocation payments to the tenants totaling $10,594.
Pursuant to SMMC section 7.50.100(c), upon reaching its decision, the City Council shall issue a written decision (Statement of Decision) including its findings regarding evidence in the record and submitted at the hearing, and the existence of any proper grounds for the order to pay relocation benefits. In accordance with the City’s current practice, it is recommended for the City Council to direct staff to prepare the Statement of Decision reflecting the Council’s determination and schedule it for approval on the consent calendar at a subsequent City Council Regular Meeting.
BUDGET IMPACT:
There is not budget impact related to this report. If Council finds that City funds should be used to provide relocation benefits to the tenant, the money would be allocated from the Emergency Relocation Assistance Fund that was established to advance tenant assistance in urgent situations and then billed to the property owner.
ENVIRONMENTAL DETERMINATION:
This appeal 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 - Notice to Abate
Att. 2 – Final Notice to Abate
Att. 3 – Declaration of Substandard Dwelling and Notice to Vacate Att. 4 – Relocation Payments by the City and Invoice to the Property Owner Att. 5 – Pure Environment Report
Att. 6 – Eco Guard Pest Control Contract
Att. 7 - Code Enforcement Case Notes
Att. 8 – Site Photos
Att. 9 – Case Chronology
Att. 10 – Supplemental – Property Owner’s Appeal
STAFF CONTACT
Kristin Aiu,
[email protected]
(650) 522-7152
114 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
08/31/2022
WARNING LETTER TO ABATE A PUBLIC NUISANCE
You are receiving this letter as the record owner of the property located at 1654 S GRANT ST UNIT #2 in San Mateo, California. The City of San Mateo Code Enforcement received a complaint regarding violations of the San Mateo Municipal Code (SMMC) existing on your property. Based on that information, Code Enforcement Staff conducted an inspection of the property on 08/31/2022 and verified the following code violations exist. This is a formal notice from the City of San Mateo to correct the violations.
Substandard Violation(s):
1. Visible mold on the bedroom walls and on the bathroom ceiling
2. Cockroaches and rodents in the kitchen
3. Inoperable smoke detectors in the living room, hallway, and both bedrooms
4. Lack of hot water
Other violations:
5. Light fixtures in the kitchen and hallway are inoperable/not in working condition.
Compliance Date:
No later than 09/06/2022, you are required to complete the following;
1. Obtain a remediation report from a certified Environmental Hygienist. This report must outline the measures that must be taken to safely remove/repair/replace all porous surfaces effected by mold in addition to identifying the source of moisture that is causing this condition.
a. Based on the recommended remediation to abate the mold, temporary relocation may be required. (see attached ordinance)
2. Obtain a report from a licensed pest control inspector.
3. Replace and ensure all smoke detectors are in working condition.
4. Ensure all faucets have hot water and should not take 5+ minutes to have hot water.
5. Ensure all light fixtures are in working condition.
Permits may be required to address the above violations.
CITY OF SAN MATEO
COMMUNITY DEVELOPMENT DEPARTMENT
330 W. 20
th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
CANDILA LYDIA I
1654 S GRANT ST
SAN MATEO, CA. 94402
CASE: CE‐2022‐000229
APN: 035251100
Address: 1654 S GRANT ST UNIT #2
115 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
You are required to provide me a copy of the reports before the compliance date for review. Once I have reviewed the report, we will develop an approved timeline to complete all work outlined in that report.
Applicable Code Section:
SMMC 7.14 Property Maintenance code (IPMC 102.3) California Health and Safety Code 17920.3(a)(13);
Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
SMMC 7.14 Property Maintenance Code (309.1 INFESTATION):
Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
SMMC 7.14 Property Maintenance code (IPMC 704.6 SINGLE AND MULTIPLE STATION SMOKE ALARMS):
smoke alarms shall be installed in existing Group I‐1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3.
SMMC 7.14 Property Maintenance code (IPMC 504.1 PLUMBING SYSTEMS AND FIXTURES‐GENERAL):
Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary, and functional condition.
Penalties may be issued to the property owner of record or other responsible parties for failure to comply with any Notice by the compliance date. Partial, incomplete and/or unaddressed violation(s) that continue to exist on the property are subject to penalties.
Pursuant to SMCC §1.10, Administrative Citations: Each and every day a violation of this code exists constitutes a separate and distinct offense. Each section of the code violated constitutes a separate violation for any day at issue. However, the issuances of the administrative citations are not the exclusive remedy.
In addition to administrative penalties, the City may assess administrative costs against the violator.
The administrative costs may include any and all costs incurred by the City in connection with the matter, including, but not limited to, code enforcement staff and associated indirect costs, costs of inspection, investigation, attorneys’ fees. All administrative penalties and costs shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid.
116 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
Sincerely,
Kristen Aiu
Code Enforcement Officer II
(650) 522‐7152
[email protected]
CC: Street File
Tenant
Attachment: Tenant Relocation
117 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
IMPORTANT INFORMATION FOR NON‐OWNER OCCUPIED DWELLINGS
RELOCATION MAY BE REQUIRED.
Pursuant to San Mateo Municipal Code Chapter 7.50, property owners must provide displaced tenants with relocation payments and moving expenses, as specified in SMMC 7.50.090:
(a) Permanent Displacement. An eligible tenant household that will experience permanent displacement as defined above shall receive a monetary relocation payment from the property owner equal to three times the current monthly United States Department of Housing and Urban Development (HUD) Fair Market Rent for a unit of comparable size and type to the dwelling or room from which the displacement occurs, plus a payment not to exceed $1,000.00 for actual moving costs and related expenses incurred by the tenant household and substantiated by reasonably probative documentation. The property owner shall treat any non‐complying dwelling or room that does not have one or more separate bedrooms as an “efficiency unit” for purposes of determining the applicable HUD Fair Market Rent and calculating the required monetary relocation payment on that basis. In addition, the tenant household is entitled to a refund and/or accounting for any security deposit held by the property owner pursuant to California Civil Code Section 1950.5. For purposes of this chapter, “HUD Fair Market Rent” means the amount specified in the schedule of Fair Market Rents for existing housing published by the U.S. Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, applicable to the City of San Mateo and current as of the date the City or court issues the notice to vacate, notice to abate life‐threatening condition, or declaration of substandard condition.
(b) Temporary Displacement.
(1) An eligible tenant household that will experience temporary displacement as defined above shall receive monetary relocation payment or payments from the property owner to cover the tenant household’s actual and reasonable moving expenses in addition to temporary housing accommodations costs incurred as a result of the temporary displacement. “Moving expenses” shall include the cost of removing, transporting, and/or storing the tenant household’s personal property during the displacement period. “Temporary housing accommodations costs” shall include the cost of rental payments and hotel or motel payments during the displacement period. The total amount of temporary housing accommodations costs paid by the property owner shall not exceed three times the current monthly HUD Fair Market Rent for a unit of comparable size and type to the dwelling or room from which the displacement occurs. If the tenant household is not paying rent during the displacement period, then the property owner shall be entitled to deduct the amount the tenant household would have paid from the relocation payments required under this paragraph.
(2) In lieu of the relocation payments required under subsection (b)(1), the property owner may offer to provide a tenant household temporary housing accommodations. Tenant household shall have the sole option to accept or decline this offer.
(3) Temporary housing accommodations shall be: (i) comparable in size, condition, or amenities to the formerly occupied dwelling or room; and (ii) comply with all applicable zoning, building and housing codes; and (iii) shall be located within San Mateo City limits or any jurisdiction that borders San Mateo, unless the tenant agrees in writing to accept temporary housing accommodations in a different location. (4) If the temporary housing accommodations are not comparable in size, condition, or amenities, or not located within San Mateo City limits or a jurisdiction that borders San Mateo, the property owner shall pay a living stipend in the amount of 50% of the current U.S. General Services Administration meals and incidentals
118 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
per diem rate for San Mateo/Foster City/Belmont, per tenant household member, per day, not to exceed $1000.00 per tenant household.
(c) Except as provided in Subsection 7.50.060(e), in no event shall the property owner be liable for making payments in excess of the amount the tenant household would receive in the case of permanent displacement under Subsection
7.50.090(a).
(d) Immediate Vacation. When the condition of a dwelling or room is a danger to the public health and safety such that the City requires vacation with fewer than 30 days’ advance notice either from the City or from the property owner to the tenant household of the need to vacate, an eligible tenant household displaced from such a dwelling or room shall be entitled to an additional payment from the property owner in the amount of $1,000.00, in addition to the amounts set forth above. Such additional payment is intended to compensate the tenant household for the additional costs associated with short‐notice moves and the added inconvenience of such moves. (e) Payments for relocation shall not be considered by the City as income or assets for any government benefits program.
The City, in its sole discretion may make any of the payments required of a property owner under this chapter, including advancing eligible tenant household(s) reimbursable moving expenses and temporary housing accommodations costs. Such payments shall continue to be an obligation of the property owner and shall be reimbursed by the property owner to the City.
RETALIATION PROHIBITED.
Pursuant to SMMC 7.50.110 Retaliation barred:
(a) No property owner shall take any of the following actions in retaliation against any member of a tenant household for exercising rights granted under this chapter:
(1) Engage in conduct that violates subdivision (a) of Section 484 of the California Penal Code. (2) Engage in conduct that violates Section 518 of the California Penal Code. (3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant’s quiet enjoyment of the premises in violation of Section 1927 of the California Civil Code that would create an apprehension of harm in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief. (4) Commit a significant and intentional violation of Section 1954 of the California Civil Code. (5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief. (b) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section. (c)This section does not enlarge or diminish a landlord’s right to terminate a tenancy pursuant to existing State or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord’s harassment of a tenant. (Ord. 2019‐6 § 1)
119 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
09/08/2022
FINAL NOTICE TO ABATE A PUBLIC NUISANCE
You are receiving this letter as the record owner of the property located at 1654 S GRANT ST UNIT #2 in San Mateo, California and it is part of the ongoing Code Enforcement Case. On 08/31/2022 (copy attached), we notified you that violations of the San Mateo Municipal Code (SMMC) exist on your property, and as of the date on this letter those violations have not been abated. This is your final notice, failure to abate the violations may result in citations, other administrative penalties, or referral to the City Attorney’s Office for legal action.
Violation:
1. Visible mold on the bedroom walls and on the bathroom ceiling
2. Cockroaches and rodents in the kitchen
3. Inoperable smoke detectors in the living room, hallway, and both bedrooms
4. Lack of hot water
Other violations:
1. Light fixtures in the kitchen and hallway are inoperable/not in working condition.
Compliance Date:
No later than 09/15/2022, you are required to complete the following;
1. Obtain a remediation report from a certified Environmental Hygienist. This report must outline the measures that must be taken to safely remove/repair/replace all porous surfaces effected by mold in addition to identifying the source of moisture that is causing this condition.
a. Based on the recommended remediation to abate the mold, temporary relocation may be required. (see attached ordinance)
2. Obtain a report from a licensed pest control inspector.
3. Replace and ensure all smoke detectors are in working condition.
4. Ensure all faucets have hot water and should not take 5+ minutes to have hot water.
5. Ensure all light fixtures are in working condition.
Permits may be required to address the above violations.
CITY OF SAN MATEO
COMMUNITY DEVELOPMENT DEPARTMENT
330 W. 20
th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
CANDILA LYDIA I
1654 S GRANT ST
SAN MATEO, CA. 94402
CASE: CE‐2022‐000229
APN: 035251100
ADDRESS: 1654 S GRANT ST UNIT #2
120 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
You are required to provide me a copy of the reports before the compliance date for review. Once I have reviewed the report, we will develop an approved timeline to complete all work outlined in that report.
Applicable Code Section:
SMMC 7.14 Property Maintenance code (IPMC 102.3) California Health and Safety Code 17920.3(a)(13);
Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
SMMC 7.14 Property Maintenance Code (309.1 INFESTATION):
Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
SMMC 7.14 Property Maintenance code (IPMC 704.6 SINGLE AND MULTIPLE STATION SMOKE ALARMS):
smoke alarms shall be installed in existing Group I‐1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3.
SMMC 7.14 Property Maintenance code (IPMC 504.1 PLUMBING SYSTEMS AND FIXTURES‐GENERAL):
Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary, and functional condition.
Penalties may be issued to the property owner of record or other responsible parties for failure to comply with any Notice by the compliance date. Partial, incomplete and/or unaddressed violation(s) that continue to exist on the property are subject to penalties.
Pursuant to SMCC §1.10, Administrative Citations: Each and every day a violation of this code exists constitutes a separate and distinct offense. Each section of the code violated constitutes a separate violation for any day at issue. However, the issuances of the administrative citations are not the exclusive remedy.
In addition to administrative penalties, the City may assess administrative costs against the violator.
The administrative costs may include any and all costs incurred by the City in connection with the matter, including, but not limited to, code enforcement staff and associated indirect costs, costs of inspection, investigation, attorneys’ fees. All administrative penalties and costs shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid.
121 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
Sincerely,
Kristen Aiu
Code Enforcement Officer
(650) 522‐7152
[email protected]
CC: Street File
Tenant
122 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
08/31/2022
WARNING LETTER TO ABATE A PUBLIC NUISANCE
You are receiving this letter as the record owner of the property located at 1654 S GRANT ST UNIT #2 in San Mateo, California. The City of San Mateo Code Enforcement received a complaint regarding violations of the San Mateo Municipal Code (SMMC) existing on your property. Based on that information, Code Enforcement Staff conducted an inspection of the property on 08/31/2022 and verified the following code violations exist. This is a formal notice from the City of San Mateo to correct the violations.
Substandard Violation(s):
1. Visible mold on the bedroom walls and on the bathroom ceiling
2. Cockroaches and rodents in the kitchen
3. Inoperable smoke detectors in the living room, hallway, and both bedrooms
4. Lack of hot water
Other violations:
5. Light fixtures in the kitchen and hallway are inoperable/not in working condition.
Compliance Date:
No later than 09/06/2022, you are required to complete the following;
1. Obtain a remediation report from a certified Environmental Hygienist. This report must outline the measures that must be taken to safely remove/repair/replace all porous surfaces effected by mold in addition to identifying the source of moisture that is causing this condition.
a. Based on the recommended remediation to abate the mold, temporary relocation may be required. (see attached ordinance)
2. Obtain a report from a licensed pest control inspector.
3. Replace and ensure all smoke detectors are in working condition.
4. Ensure all faucets have hot water and should not take 5+ minutes to have hot water.
5. Ensure all light fixtures are in working condition.
Permits may be required to address the above violations.
CITY OF SAN MATEO
COMMUNITY DEVELOPMENT DEPARTMENT
330 W. 20
th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
CANDILA LYDIA I
1654 S GRANT ST
SAN MATEO, CA. 94402
CASE: CE‐2022‐000229
APN: 035251100
Address: 1654 S GRANT ST UNIT #2
123 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
You are required to provide me a copy of the reports before the compliance date for review. Once I have reviewed the report, we will develop an approved timeline to complete all work outlined in that report.
Applicable Code Section:
SMMC 7.14 Property Maintenance code (IPMC 102.3) California Health and Safety Code 17920.3(a)(13);
Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
SMMC 7.14 Property Maintenance Code (309.1 INFESTATION):
Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
SMMC 7.14 Property Maintenance code (IPMC 704.6 SINGLE AND MULTIPLE STATION SMOKE ALARMS):
smoke alarms shall be installed in existing Group I‐1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3.
SMMC 7.14 Property Maintenance code (IPMC 504.1 PLUMBING SYSTEMS AND FIXTURES‐GENERAL):
Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary, and functional condition.
Penalties may be issued to the property owner of record or other responsible parties for failure to comply with any Notice by the compliance date. Partial, incomplete and/or unaddressed violation(s) that continue to exist on the property are subject to penalties.
Pursuant to SMCC §1.10, Administrative Citations: Each and every day a violation of this code exists constitutes a separate and distinct offense. Each section of the code violated constitutes a separate violation for any day at issue. However, the issuances of the administrative citations are not the exclusive remedy.
In addition to administrative penalties, the City may assess administrative costs against the violator.
The administrative costs may include any and all costs incurred by the City in connection with the matter, including, but not limited to, code enforcement staff and associated indirect costs, costs of inspection, investigation, attorneys’ fees. All administrative penalties and costs shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid.
124 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
Sincerely,
Kristen Aiu
Code Enforcement Officer II
(650) 522‐7152
[email protected]
CC: Street File
Tenant
Attachment: Tenant Relocation
125 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
IMPORTANT INFORMATION FOR NON‐OWNER OCCUPIED DWELLINGS
RELOCATION MAY BE REQUIRED.
Pursuant to San Mateo Municipal Code Chapter 7.50, property owners must provide displaced tenants with relocation payments and moving expenses, as specified in SMMC 7.50.090:
(a) Permanent Displacement. An eligible tenant household that will experience permanent displacement as defined above shall receive a monetary relocation payment from the property owner equal to three times the current monthly United States Department of Housing and Urban Development (HUD) Fair Market Rent for a unit of comparable size and type to the dwelling or room from which the displacement occurs, plus a payment not to exceed $1,000.00 for actual moving costs and related expenses incurred by the tenant household and substantiated by reasonably probative documentation. The property owner shall treat any non‐complying dwelling or room that does not have one or more separate bedrooms as an “efficiency unit” for purposes of determining the applicable HUD Fair Market Rent and calculating the required monetary relocation payment on that basis. In addition, the tenant household is entitled to a refund and/or accounting for any security deposit held by the property owner pursuant to California Civil Code Section 1950.5. For purposes of this chapter, “HUD Fair Market Rent” means the amount specified in the schedule of Fair Market Rents for existing housing published by the U.S. Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, applicable to the City of San Mateo and current as of the date the City or court issues the notice to vacate, notice to abate life‐threatening condition, or declaration of substandard condition.
(b) Temporary Displacement.
(1) An eligible tenant household that will experience temporary displacement as defined above shall receive monetary relocation payment or payments from the property owner to cover the tenant household’s actual and reasonable moving expenses in addition to temporary housing accommodations costs incurred as a result of the temporary displacement. “Moving expenses” shall include the cost of removing, transporting, and/or storing the tenant household’s personal property during the displacement period. “Temporary housing accommodations costs” shall include the cost of rental payments and hotel or motel payments during the displacement period. The total amount of temporary housing accommodations costs paid by the property owner shall not exceed three times the current monthly HUD Fair Market Rent for a unit of comparable size and type to the dwelling or room from which the displacement occurs. If the tenant household is not paying rent during the displacement period, then the property owner shall be entitled to deduct the amount the tenant household would have paid from the relocation payments required under this paragraph.
(2) In lieu of the relocation payments required under subsection (b)(1), the property owner may offer to provide a tenant household temporary housing accommodations. Tenant household shall have the sole option to accept or decline this offer.
(3) Temporary housing accommodations shall be: (i) comparable in size, condition, or amenities to the formerly occupied dwelling or room; and (ii) comply with all applicable zoning, building and housing codes; and (iii) shall be located within San Mateo City limits or any jurisdiction that borders San Mateo, unless the tenant agrees in writing to accept temporary housing accommodations in a different location. (4) If the temporary housing accommodations are not comparable in size, condition, or amenities, or not located within San Mateo City limits or a jurisdiction that borders San Mateo, the property owner shall pay a living stipend in the amount of 50% of the current U.S. General Services Administration meals and incidentals
126 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
per diem rate for San Mateo/Foster City/Belmont, per tenant household member, per day, not to exceed $1000.00 per tenant household.
(c) Except as provided in Subsection 7.50.060(e), in no event shall the property owner be liable for making payments in excess of the amount the tenant household would receive in the case of permanent displacement under Subsection
7.50.090(a).
(d) Immediate Vacation. When the condition of a dwelling or room is a danger to the public health and safety such that the City requires vacation with fewer than 30 days’ advance notice either from the City or from the property owner to the tenant household of the need to vacate, an eligible tenant household displaced from such a dwelling or room shall be entitled to an additional payment from the property owner in the amount of $1,000.00, in addition to the amounts set forth above. Such additional payment is intended to compensate the tenant household for the additional costs associated with short‐notice moves and the added inconvenience of such moves. (e) Payments for relocation shall not be considered by the City as income or assets for any government benefits program.
The City, in its sole discretion may make any of the payments required of a property owner under this chapter, including advancing eligible tenant household(s) reimbursable moving expenses and temporary housing accommodations costs. Such payments shall continue to be an obligation of the property owner and shall be reimbursed by the property owner to the City.
RETALIATION PROHIBITED.
Pursuant to SMMC 7.50.110 Retaliation barred:
(a) No property owner shall take any of the following actions in retaliation against any member of a tenant household for exercising rights granted under this chapter:
(1) Engage in conduct that violates subdivision (a) of Section 484 of the California Penal Code. (2) Engage in conduct that violates Section 518 of the California Penal Code. (3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant’s quiet enjoyment of the premises in violation of Section 1927 of the California Civil Code that would create an apprehension of harm in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief. (4) Commit a significant and intentional violation of Section 1954 of the California Civil Code. (5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief. (b) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section. (c)This section does not enlarge or diminish a landlord’s right to terminate a tenancy pursuant to existing State or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord’s harassment of a tenant. (Ord. 2019‐6 § 1)
127 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
09/29/2022
WARNING LETTER TO ABATE A PUBLIC NUISANCE
AND DECLARATION OF SUBSTANDARD DWELLING CONDITION AND NOTICE TO VACATE
You are receiving this letter as the record owner of the property located at 1654 S GRANT ST UNIT #2 in San Mateo, California. The City of San Mateo Code Enforcement received a complaint regarding violations of the San Mateo Municipal Code (SMMC) existing on your property. Based on that information, Code Enforcement Staff conducted an inspection of the property on 08/31/2022 and verified the following code violations exist. This is a formal notice from the City of San Mateo to correct the violations.
Immediate Life Safety & Substandard Conditions:
1. Visible mold on the bedroom walls and on the bathroom ceiling
2. Cockroaches and rodents in the kitchen
3. Inoperable smoke detectors in the living room, hallway, and both bedrooms
4. Lack of hot water
Required Correction and Compliance Date:
You are required to submit a remediation report from a certified Environmental Hygienist and a Pest Control Report no later than 4:00pm Thursday, October 06, 2022.
If the reports are not submitted by 4:00pm Thursday, October 06, 2022, you are required to immediately relocate the tenants.
Property‐Owner Obligations with Respect to Tenant Displaced from a Substandard Dwelling:
Under section 7.50.090 (b) of the SMMC, the tenants living in the 2‐bedroom dwelling is entitled to relocation as follows: Actual and reasonable moving expenses in addition to temporary housing accommodations "Temporary housing accommodations costs" shall include:
I. The cost of rental payments and hotel or motel payments within the City of San Mateo during the displacement period. The total amount of temporary housing accommodations costs paid by the property owner shall not exceed three times the current monthly HUD Fair Market Rent for a unit of comparable size and type to the dwelling or room from which the displacement occurs.
a. HUD Fair Mart Rent for 2‐bedroom unit is $3,198
II. If the temporary housing accommodations are not comparable in size, condition, or amenities, or not located within the San Mateo City limits or a jurisdiction that borders San CITY OF SAN MATEO
COMMUNITY DEVELOPMENT DEPARTMENT
330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
CANDILA LYDIA I
1654 S GRANT ST
SAN MATEO, CA. 94402
CASE: CE‐2022‐000229
APN: 035251100
Address: 1654 S GRANT ST UNIT #2
128 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
Mateo, the property owner shall pay a living stipend of $36 per tenant household member, per day, not to exceed $1,000 per tenant household.
III. In addition to temporary housing accommodations & meal stipend the tenant living in the unit is entitled to an Immediate Vacation allowance of $1,000 because the tenant received fewer than 30 days’ advanced notice before being displaced.
IV. Actual moving costs and related expenses not to exceed $1,000. a. The tenant must provide the receipts to the property owner.
SMMC 7.50.070 Relocation payments by City chargeable to property owner (see attached text)
Written Appeal Process (SMMC 7.50.100(b)):
1. A property owner or tenant household may contest a decision, order, or determination regarding relocation payment or a notice of penalty or fine assessed this chapter by submitting an appeal in writing together with the appeal fee listed in the City’s fee schedule.
The appeal shall set forth the factual basis for disputing the decision, order, or determination.
2. Appeals must be addressed to the Director, and must be received within ten (10) days of the date appearing on the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. A copy of the appeal must be provided by the appellant to any tenant household(s) or property owner(s) directly affected by the appeal on or by the same date that the appeal is received by the Director.
Applicable Code Sections:
SMMC 7.14 Property Maintenance code (IPMC 102.3) California Health and Safety Code 17920.3(a)(13);
Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
SMMC 7.14 Property Maintenance Code (309.1 INFESTATION):
Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation.
SMMC 7.14 Property Maintenance code (IPMC 704.6 SINGLE AND MULTIPLE STATION SMOKE ALARMS):
smoke alarms shall be installed in existing Group I‐1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3.
SMMC 7.14 Property Maintenance code (IPMC 504.1 PLUMBING SYSTEMS AND FIXTURES‐GENERAL):
Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary, and functional condition.
Penalties may be issued to the property owner of record or other responsible parties for failure to comply with any Notice by the compliance date. Partial, incomplete and/or unaddressed violation(s) that continue to exist on the property are subject to penalties.
129 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
Pursuant to SMCC §1.10, Administrative Citations: Each and every day a violation of this code exists constitutes a separate and distinct offense. Each section of the code violated constitutes a separate violation for any day at issue. However, the issuances of the administrative citations are not the exclusive remedy.
In addition to administrative penalties, the City may assess administrative costs against the violator.
The administrative costs may include any and all costs incurred by the City in connection with the matter, including, but not limited to, code enforcement staff and associated indirect costs, costs of inspection, investigation, attorneys’ fees. All administrative penalties and costs shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid.
Sincerely,
Kristen Aiu
Code Enforcement Officer
(650) 522‐7152
[email protected]
CC: Street File
Tenants
Enclosed: SMMC 7.50 Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units.
130 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
11/15/2022
RELOCATION PAYMENTS BY THE CITY
INVOICE NOTICE TO THE PROPERTY OWNER
Dear LYDIA CANDILA,
This letter is to advise you of your responsibility to reimburse the City of San Mateo for the costs associated with the permanent displacement of tenant household located at 1654 S. Grant ST unit #2.
On 08/31/2022, an inspection was conducted confirming the substandard conditions (mold & pests) On the same day a Notice to Abate was mailed outlining the corrections to comply. A Final Notice was then mailed on 09/08/2022. In a final attempt for compliance a Notice to Vacate was mailed on 09/29/2022, along with a citation, was mailed indicating the violations needed to be addressed immediately or tenant relocation would be required. To this day, none of the substandard conditions in the 08/31/2022 abatement notice have been addressed, therefore the City has determined the Tenant Household be permanently relocated and the City will make the payments for the permanent relocation costs.
The enclosed invoice includes the Permanent Relocation cost for a 3‐month HUD rate for a 2‐bedroom unit and the immediate vacation allowance. This invoice is due and payable within five (5) days of receipt.
Payments associated with the permanent displacement shall continue to be an obligation of the property owner and shall be reimbursed by the property owner to the City. Failure to make a full and timely payment entitles the City to recover an additional amount equal to the sum of one‐half the amount paid by the City on the property owner's behalf.
The City may also record a lien on the subject property with the County of San Mateo Recorder under SMMC 7.50.070(b). Alternatively, the City may include the unreimbursed amount in any other lien placed on the property by the City to secure payment of enforcement costs.
CITY OF SAN MATEO
COMMUNITY DEVELOPMENT DEPARTMENT
330 W. 20th Avenue
San Mateo, CA 94403
www.cityofsanmateo.org
LYDIA CANDILA
CASE: CE‐2022‐000229
APN: 035251100
ADDRESS: 1654 S. GRANT ST. UNIT #2
131 of 201
Building Division (650) 522‐7172 ∙ Code Enforcement Division (650) 522‐7150 Housing Division (650) 522‐7220 ∙ Planning Division (650) 522‐7212 ∙ General (650) 522‐7200
SMMC 7.50.100 Appeals process.
(a) Written Appeal.
1. A property owner or tenant household may contest a decision, order, or determination regarding relocation payments or a notice of penalty or fine assessed by submitting an appeal in writing together with the appeal fee listed in the City's fee schedule. The appeal shall set forth the factual basis for disputing the decision, order, or determination.
2. Appeals must be addressed to the Community Development Director, and must be received within ten (10) days of the date appearing on the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. A copy of the appeal must be provided by the appellant to any tenant household(s) or property owner(s) directly affected by the appeal on or by the same date that the appeal is received by the Community Development Director.
Sincerely,
Kristen Aiu
Code Enforcement Officer
(650) 522‐7152
CC: Street File
Tenants
Posted at & 1654 S. Grant St. Unit #2
132 of 201
City of San Mateo - Code Enforcement
330 W. 20th Avenue
San Mateo, CA 94403
To:
Lydia Candila
3364 Shasta Dr.
San Mateo, CA. 94403
Invoice Date: 11/15/2022
Invoice No. SINV0000188
Address: 1654 S. GRANT ST. UNIT #2
APN: 035251100
Case No. CE-2022-000229
Re: Permanent Relocation Fees for:
Erika Aguilar (Tenant) & Tenant Household
Invoice for Expenses incurred
Description
Costs 1‐month HUD Rate Subtotal
3x monthly HUD rate for a 2bed $3,198.00 $9,594.00
Immediate Vacation Allowance $ 1,000.00
Total Costs $ 10,594.00
133 of 201
134 of 201
135 of 201
136 of 201
137 of 201
138 of 201
139 of 201
140 of 201
141 of 201
142 of 201
143 of 201
144 of 201
145 of 201
CODE DETAILED REPORT (CE-2022-000229)
Case Type:
Status:
Description:
Project:
District:
Opened Date:
Closed Date: NOT CLOSED
Assigned To Kristen Aiu
CE - Maintenance
Substantiated
*Permanent Relocation* Possible substandard
housing conditions*
San Mateo
08/31/2022
Parcel: Main035251100 Address: S 1654 Grant St
Suite: 2
San Mateo, CA 94402-2630
Main
Tenant
Mobile:
Reporting Party
Mobile:
Lydia Candila
Property Owner
S 1654 Grant St
San Mateo, CA 94402
Mobile:
December 21, 2022 Page 1 of 4
146 of 201
CODE DETAILED REPORT (CE-2022-000229)
Created ByNote Date and Time Created
1. Kristen Aiu08/31/2022, I, Kristen Aiu, CEO CSM, was assigned new case.
Contacted Tenant with the assistance of Diana to help
translate. We scheduled an appoint for this afternoon. At the inspection I observed Cockroaches in the kitchen cabinets and behind the fridge. I didn't see any rodent droppings since stated they cleaned the entire kitchen. She did point out there is a hole where the kitchen P trap is located. We then inspected the bedrooms where there was clearly mold on the walls, (bedroom closets to the bathroom). The other room had just been repainted and no mold was observed. The bathroom had mold on the ceiling. also showed me the light fixture in the hallway that was flickering, but I asked if she had replaced the fixture? She stated no. We also inspected all smoke detectors and all were either non operational or missing batteries. I also tested the Carbon Monoxide detector and it was working. The light fixture in the kitchen was also missing which appeared to be the cover. I asked the Tenant how many occupants are living in the unit and stated 3 adults and 4 children. I notified that a formal notice will be sent to the PO with a copy mailed to her. Abatement notice emailed to the PO and a hard copy was mailed to the PO and the Tenant.
9/1/2022 9:30 am
2. Kristen Aiu009/06/2022, I, Kristen Aiu, CEO CSM, responded to email from PO on 09/02 in response to my email on 08/31/2022. Email attached. The PO Lydia stated in her email that the tenant is the cause of the cabinets being replaced, the tenant refused to use the electric stove, the previous case with Sani where she had replaced the plumbing fixtures with permits, and a pest control company was at the unit on 008/27. I responded to Lydia to review my notice as I did not mention anything regarding the stove, cabinets or the fixtures being replaced in the bathroom.
Rather for her to obtain a certified mold and pest control inspector to be completed. I also stated she must have hired a mold inspector or have them scheduled to inspect by end of the day today or final, notice will be mailed. PO then sent an additional email station she had tried to contact multiple mold inspectors and was unable to find one.
9/6/2022 8:12 am
3. Kristen Aiu09/07/2022, I, Kristen Aiu, CEO CSM, received email from PO with attachment showing she had hired BKK Restoration to perform the work on Thursday. I responded to the email to request that the owner confirm the person conducting the inspection is a certified mold inspector and to obtain their certifications. Mold restorations typically have contracts with certified environmental inspectors so i also request the PO reach out to find more information.
9/7/2022 8:20 am
4. Kristen Aiu
09/08/2022, I, Kristen Aiu, CEO CSM, Followed up with PO to see if she has an update with BKK restoration. Po stated she is waiting for an estimate. In response, on 09/09/2022, I prepared and emailed Final notice and place a copy in the mail for the Tenant. I also received the PO's mailing address at 3364 Shasta Dr. San Mateo. An additional email came from the PO stating she is in the process of obtaining the certificate, which I'm assuming is for BKK restoration.
9/9/2022 8:47 am
5. Kristen Aiu09/12/2022, i, Kristen Aiu, CEO CSM, received email from PO stating she has already taken care of the water and she is upgrading her studio with permits, which is permit
BD-2020-275204 for the unpermitted unit #5. I responded to the PO that although i appreciate her working on the other issues, that i need the substandard conditions to be addressed. 9/12/2022 1:55 pm
December 21, 2022 Page 2 of 4
147 of 201
CODE DETAILED REPORT (CE-2022-000229)
6. Kristen Aiu09/14/2022, I, Kristen Aiu, CEO CSM, received response from PO stating she is very sick and requested more time. She then sent a photo of . I then receive another email from the PO showing the BTC with the City of San Mateo. I responded to the PO stating this is not the certificate I had requested and explained again the requirements to address the mold and pests.
9/14/2022 1:58 pm
7. Kristen Aiu
09/16/2022, I, Kristen Aiu, CEO CSM, received email from Admin Diana stating we received a call from the tenant stating there are more cockroaches and treatment has been conducted.
9/16/2022 2:00 pm
8. Kristen Aiu09/20/2022, I, Kristen Aiu, CEO CSM, contacted Tenant since she spoke with Melissa last week about the cockroaches. Diana helped translate and stated that we are trying to get the owner to comply but when they do not cooperate with the City, then it delays things. I emailed the PO to have a certified mold inspector and pest control scheduled by tomorrow at 4pm or a citation will be sent.
9/20/2022 9:21 am
9. Kristen Aiu09/20/2022, I, Kristen Aiu CEO CSM, emailed PO that a mold inspector must be scheduled/obtained by tomorrow or else penalties would be assessed.
9/22/2022 2:03 pm
10. Kristen Aiu09/22/2022, I, Kristen Aiu, CEO CSM, emailed PO that i have not heard from her or received the reports. Emailed PO that if there are no reports by Tuesday next week, it's in the City's discretion to pay the relocation payments and bill the PO
9/22/2022 2:05 pm
11. Kristen Aiu10/05/2022, I, Kristen Aiu, CEO CSM received several emails from the PO stating she was and
has a Mold Inspector coming on Friday. She also provided a contract with a pest control agency and a business card from Pure Environment. I notified PO that the mold report and pest control report must be provided by 10/12 or another citation will be mailed.
10/5/2022 9:42 am
12. Kristen Aiu10/12/2022, I, Kristen Aiu, CEO CSM, received no contact from PO with the mold report. I discussed case with CDD Director Christina to discuss the city paying for the relocation. She stated reasonable time has passed and proper notice was given. The city can provide the relocation and bill the owner. 10/13/2022 11:39 am
13. Kristen Aiu09/29/2022, I, Kristen Aiu, CEO CSM, mailed Citation with final notice to the property owner to provide mold and pest reports. 10/17/2022 9:51 am
14. Kristen Aiu10/18/2022, I, Kristen Aiu, CEO CSM, had internal meeting with CDD Director Christina H, CDD Deputy Director Zach and
assistant CAO Linh N. to discuss the criteria for temporary vs permanent relocation. It was determined that the relocation should be permanent because this is a repeat offender with 2 other code cases open and its already been 2 months since I had been to to the unit to inspect. In the mean time i will attempt to inspect the other units and find the status of the other 2 cases.
10/26/2022 9:03 am
15. Kristen Aiu10/25/2022, I, Kristen Aiu, CEO CSM, was notified Diana is out.
So Kirsten from Admin assisted with the relocation check. The relocation check cannot be provided to the tenant since Workday is being implemented and we will need to wait until that happens. The estimated time the check will be obtained will be 11/02.
10/26/2022 9:07 am
16. Kristen Aiu10/31/2022, I, Kristen Aiu, CEO CSM, received mold report from PO. After review of the report, there was no mention of the location of the mold observed rather it only had test results and was an invoice to dry fog the residence. Diana and I contacted the Tenant to verify if the mold had been abated and she stated no. We scheduled an inspection for tomorrow at 9:30am.
10/31/2022 2:40 pm
December 21, 2022 Page 3 of 4
148 of 201
CODE DETAILED REPORT (CE-2022-000229)
17. Kristen Aiu11/01/2022, I, Kristen Aiu, CEO CSM, conducted inspection with Tenant . I inspected the bathroom and bedroom (Closest to the bathroom) and observed mold with no changes since my last inspection. I then asked if there was still Cockroaches and saw many behind the fridge. I then checked all the smoke detectors since they appeared to be new and they were all changed out and in working condition. I contacted with the help of Diana to obtain information to process the check. We asked if she had found a place, she stated they had
submitted an application and are waiting to hear back. I notified that if she cannot find a place by the time we provide the check, she will need to either stay with family or a hotel since the conditions she's living in is no safe.
11/1/2022 2:42 pm
18. Kristen Aiu11/08/2022, I, Kristen Aiu, CEO CSM, contacted Ivan from Pure Environment to discuss his report. he stated the mold spores are dead and what I inspected was dead mold. I told him his report is invalid since there is clear signs of mold. Ivan stated the owner needs to hire a handyman to bleach the ceiling/walls to remove the mold. I notified Ivan that the mold cant just be bleached. Based on the conversation with Ivan, he isnt qualified to clear the unit since there was clearly mold still present when I conducted my inspection on 11/01. The Owner will need to hire a certified mold inspector and provide a new report.
11/8/2022 9:13 am
19. Kristen Aiu
11/15/2022, I, Kristen Aiu, CEO CSM, received letter from PO to the Pure Environment. I emailed the PO to clarify and again notify her of the requirements she has failed to provide. I have given her until 11/22 to comply and also notified the PO of the city paying for the relocation payments. Check received from Finance. Notice for invoice and invoice document prepared.
Mailed copy of the notice and invoice to the PO and Tenant, posted both at the PO's property at Shasta and at 1654 S.
Grant, and I emailed the Po a copy of the notice as well. I also met with the Tenant at her work at and
provided her the check along with a copy of the invoice notice and invoice.
11/15/2022 10:18 am
20. Kristen Aiu11/16/2022, I, Kristen Aiu, CEO CSM, received response from PO of the invoice notice. she stated the decision is unfair and will provide a letter. I responded to PO that a letter will not move the case forward but she can appeal the decision.
11/16/2022 10:03 am
21. Kristen Aiu
11/21/2022, I, Kristen Aiu, CEO CSM, received appeal letter from PO Lydia. The PO did submit the appeal to the City Clerks office or pay the appeal fee, so I had notified the PO to do so today. I then received other emails from PO, but didn't receive the mold report or termite report.
11/21/2022 1:20 pm
Invoice No. Amount PaidFee Fee Amount
$0.00
$0.00 Total for Invoice
Grand Total for Permit $0.00
InspectionEndDate:
Code Status:
ComplianceDate:
ResolvedDate:
CitationIssuedDate:Violation Code:
December 21, 2022 Page 4 of 4
149 of 201
150 of 201
151 of 201
152 of 201
153 of 201
154 of 201
155 of 201
156 of 201
157 of 201
158 of 201
159 of 201
160 of 201
1654 S. Grant St. unit #2
Zoned: R4
APN:
Chronological list of Actions:
08/31/2022 Case open. Inspection conducted
08/31/2022 Abatement Notice mailed
09/02/2022 Email from Property Owner
09/06/2022 CEO Aiu responded to Pro perty owner to address items in notice 09/07/2022 Email from Property Owner
09/08/2022 Email from Property Owner
09/09/2022 Final Notice mailed
09/12/2022 Email from Property Owner
09/14/2022 Email from Property Owner requesting extension 09/16/2022 Call from Tenant stati ng more cockroaches present 09/20/2022 CEO Aiu emailed Propert y Owner to have pest control inspector at property by 09/21/2022
09/22/2022 CEO Aiu emailed Pro perty Owner for an update 09/29/2022 Notice to vacate a s ubstandard condition and $100 citation was mailed 10/05/2022 Email from Property Owne r stating she is in the Hospital 10/12/2022 Internal meeting with CDD Director – Determination to provide relocation to the tenant and bill the Property Owner.
10/18/2022 Internal meeting with CDD Director – Determined relocation should transition to permanent relocation. CEO Aiu emailed Property Owner of determination 10/25/2022 Submitted request for P ermanent Relocation check. 11/01/2022 Email from Property Owner
161 of 201
162 of 201
163 of 201
164 of 201
165 of 201
166 of 201
167 of 201
168 of 201
169 of 201
170 of 201
171 of 201
172 of 201
173 of 201
174 of 201
175 of 201
176 of 201
177 of 201
178 of 201
179 of 201
180 of 201
181 of 201
182 of 201
183 of 201
184 of 201
185 of 201
186 of 201
187 of 201
188 of 201
189 of 201
190 of 201
CITY OF SAN MATEO
3 9
1 7
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: NEW BUSINESS Account Number: 10-2031 File ID: 23-7160 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Finance Department
MEETING DATE: February 06, 2023
SUBJECT:
2022-23 Mid-Year Budget Update and Measure CC Options
RECOMMENDATION:
Receive the 2022-23 Mid-Year Budget Update; adopt a resolution to approve supplemental budget appropriations in the amount of $2,488,852 of additional property tax to: 1) increase transfers out from the General Fund by $2,400,000 to the 2% TOT Fund (Fund 56); and 2) to increase the Department of Information Technology operating budget by $88,852 for software subscription fees; and provide direction on Measure CC options.
BACKGROUND:
This agenda report provides a financial update on the City of San Mateo's major funds - the General Fund, the Construction Services Fund, and the Sewer Fund - based on revenues and expenditures through October 2022. The primary focus of the analysis is on the General Fund, as it is the City's primary operating fund, which accounts for nearly all tax revenues and funds the cost of core services. The agenda report will also provide an update on the impact of investment losses by the California Public Employees' Retirement System (CalPERS) and provide context for City Council to provide direction on Measure CC options.
General Fund
General Fund Revenues
The adopted 2022-23 budget assumes $159.5 million in total revenues. Based on year-to-date results through October 2022, total revenues are projected to be $163.1 million, which is a favorable budget variance of $3.6 million. The narratives below provide detailed analysis of the primary contributing factors of the overall favorable budget variance.
PROPERTY TAX - $80.3M ADOPTED | $83.4M PROJECTED
The primary variance is largely a result of additional property tax in lieu of vehicle license fees (VLF). The adopted 2022-23 budget assumed the ongoing and incremental shift of non-basic aid school districts, which are unable to meet their state- determined minimum funding requirement through property tax revenues, to basic aid status. As such, the county-wide VLF shortfall would continue to grow. In the prior fiscal year, the VLF county-wide shortfall was $32.9 million, of which the City’s share was $1.9 million, or 5.9% of the total shortfall.
Consistent with the County of San Mateo (County) and State of California’s (State) prior practice, the County filed a claim for the 2021-22 VLF shortfall of $32.9 million in August 2022 with the State. On January 10, 2023, the State released its
191 of 201
CITY OF SAN MATEO
3 9
1 7
2023-24 proposed budget, which projects a $22.5 billion shortfall, and appropriations to make the County whole for the 2021-22 VLF shortfall were not included. While this has no impact on the current fiscal year, if the County’s advocacy efforts are not successful, it will have an impact on the City’s 2023-24 property tax revenues. The City Manager is part of the task force that is addressing this issue, and there is a separate item on this agenda regarding next steps.
Despite the above potential outcome for 2023-24, the County anticipates that the VLF shortfall for the current fiscal year will be less than expected, due to a near-term result of school districts being in non-basic aid status, whose property tax revenues serve as the funding source for the VLF owed to the cities and County. Combined with the $5.7 million of 2020- 21 VLF shortfall that the State appropriated for its 2022-23 budget, VLF is projected to have a favorable variance of $3.7 million, with a year-end estimate of $19.8 million compared to the $16.1 million in the adopted budget.
SALES TAX - $29.4M ADOPTED | $30.3M PROJECTED
As illustrated in the chart below, sales tax revenues declined by 20% in response to the immediate and severe financial impact of COVID-19 and recovered back to the 2018-19 pre-pandemic baseline by the end of 2021-22. In the near-term, the primary drivers for the projected favorable budget variance are the elevated cost of gasoline and sustained high inflation. While the near-term results are favorable, staff will continue to monitor economic indicators for signs of a recession, and if so, the order of magnitude for severity and duration, and update the General Fund long-term forecast accordingly.
TRANSIENT OCCUPANCY TAX - $3.2M ADOPTED | $5.0M PROJECTED Transient occupancy tax (TOT) revenues declined by nearly 90% due to the impact of COVID-19 on tourism. In particular, the City’s TOT base is driven by business travel, which has been relatively slow to recover, albeit faster than what was initially anticipated in the General Fund long-term plan. The graph below illustrates the TOT recovery trend, starting with the 2018-19 baseline to the year-end estimate for 2022-23. TOT is the only General Fund tax revenue that has not recovered back to the pre-pandemic baseline. It is uncertain when that will occur, if at all. Staff will continue to monitor TOT performance metrics and adjust long-term assumptions as appropriate. $-
$5
$10
$15
$20
$25
$30
$35
2018-19 2019-20 2020-21 2021-22 2022-23
Local 1% (Bradley-Burns) Local 0.25% (Measure S)
Sales Tax
Five Year Trend
Millions
192 of 201
CITY OF SAN MATEO
3 9
1 7
REAL PROPERTY TRANSFER TAX - $11.1M ADOPTED | $9.0M PROJECTED As a charter city, San Mateo voters approved a 0.5% real property transfer tax (RPTT) rate. Furthermore, San Mateo voters approved Measure CC in November 2022 that increased the RPTT rate to 1.5% for properties sold or transferred of $10 million or more.
As shown in the graph below, in response to sustained high inflation, the Federal Reserve (Fed) has been rapidly increasing the Federal Funds Rate, which is the interest rate that banks charge each other to borrow or lend excess reserves overnight.
$-
$1
$2
$3
$4
$5
$6
$7
$8
2018-19 2019-20 2020-21 2021-22 2022-23
Transient Occupancy Tax
Five Year Trend
Millions
193 of 201
CITY OF SAN MATEO
3 9
1 7
As a result of the precipitous rise in the Federal Funds Rate, the average 30-year mortgage rate has increased on a commensurate basis as shown in the graph below.
The higher interest expense has had a dampening effect on home sales. The number of single-family homes sold in the fourth quarter of calendar year 2022 was nearly 50% less than the same quarter in the prior year. For the entire calendar year, the number of single-family homes was over 25% less than the prior year.
194 of 201
CITY OF SAN MATEO
3 9
1 7
In the long term, the chart below illustrates the projected monetary policy movement of the Federal Open Market Committee (FOMC) that sets the Federal Funds Rate for the next couple of years and the long term target, where each dot indicates the value of an FOMC member’s judgment of the midpoint of the appropriate target range for the federal funds rate or the appropriate target level for the federal funds rate:
If the FOMC’s projections come to fruition, then interest rates will gradually step down from the current high over the next couple of years and continue to have a downward impact on property sales and the City’s RPTT revenues. Staff will continue to monitor performance trends and adjust RPTT long-term assumptions accordingly.
Measure CC
As mentioned above, San Mateo voters approved Measure CC in November 2022, which increased the RPTT rate to 1.5% for properties sold or transferred for $10 million or more. The effective date of the change was December 22, 2022. Based on an analysis of historical RPTT transactions, on average, less than 1% of property sales or transfer transactions would be subject to the higher rate. As such, there have been no transactions that have exceeded $10 million in the current fiscal
195 of 201
CITY OF SAN MATEO
3 9
1 7
year, thus no Measure CC RPTT revenues to date. This narrative serves to provide context for the City Council to provide direction on the use and timing of Measure CC funds.
One option is to wait until a material amount of Measure CC funds are received and become available to appropriate.
Another option is to use General Fund Rainy Day Reserves to pay Measure CC-related projects/purposes in advance, and have Measure CC pay the General Fund back over time. This practice was used with Measure S, however, Measure S is a transactions and use tax, which is a much more reliable and stable revenue source, and Measure CC is a real property transfer tax that is dependent on property sales or transfers of $10 million or more. Guidance from the Council will inform development of the 2023 – 2028 Capital Improvement Plan that will be presented to the Council in April 2023.
General Fund Expenditures
The amended 2022-23 budget assumes $165.4 million in General Fund total expenditures. Based on October 2022 year-to- date transactions, total expenditures are projected to be $161.5 million, a favorable budget variance of $3.9 million or
2.3%. The majority of the favorable budget variance stems from $2.7 million in vacancy savings, which is largely reflected in the Library and Parks & Recreation Departments. Library Department savings stem from open merit and per diem staff positions that they are targeting to fill in the next months. Parks & Recreation savings are due to ongoing merit position vacancies that they are hoping to fill while conducting a broader department assessment. Per diem staff savings largely offset vacant staff positions and fluctuate based on seasonal requirements/expectations.
The 2022-23 operating budget for the Department of Information Technology (DoIT) includes appropriations for the cost of the City’s new enterprise resource planning (ERP) system, Workday, which is on a subscription basis. The Workday ERP and Teller cashiering system are shared with the San Mateo Consolidated Fire Department (SMC Fire), as the City of San Mateo provides contractual Finance and Human Resources services to SMC Fire. As such, 22.99% of the cost for Workday and Teller are allocated to SMC Fire. However, the subscription agreements for Workday and Teller are with the City of San Mateo, as it was not feasible to have separate contracts. DoIT’s adopted 2022-23 operating budget only includes the City’s proportional share of Workday and Teller subscription costs, but it should have included the full cost, as the City is the contracting authority. SMC Fire reimburses the City for its proportional share of Workday and Teller through its operating budget. The proposed resolution rectifies this issue by appropriating $88,852 of unassigned fund balance in the General Fund to increase DoIT’s operating budget.
Construction Services Fund
The amended 2022-23 budget assumes $8.8 million in total revenues, $12.3 million in total expenditures, and $4.5 million in transfers out. Based on year-to-date trends, total revenues are projected to be $13.8 million, total expenditures are projected to be $10.9 million, and transfers out are expected to be consistent with the budget. Projected revenues reflect an elevated demand for development-related services, with high permit volumes for single-family and commercial/multi- family projects, and a surge in applications at the end of 2022 ahead of the tri-annual California Building Code update going into effect. Projected expenditures reflect a continued need for consultant support for development services, in particular plan checking, as well as savings from operational efficiencies and some merit positions vacancies. If the projections come to fruition, the Construction Services Fund would end the fiscal year with a drawdown of $1.5 million in fund balance.
196 of 201
CITY OF SAN MATEO
3 9
1 7
Sewer Fund
The amended 2022-23 budget assumes $85.5 million in total revenues, $42.6 million in total expenses, and $41.2 million in transfers out, primarily for capital improvement projects. Sewer Fund revenues are expected to be within budget assumptions.
Sewer Fund total expenses are estimated to end the fiscal year at $39.0 million. Compared to the amended 2022-23 budget, if it comes to fruition, would result in a favorable variance of $3.6 million. The primary drivers of the favorable budget variance are vacancy savings.
Though it is unlikely that all appropriations for transfers out to support capital projects will be completed by fiscal year end, the remainder will be committed and rolled over to the subsequent fiscal year. If Sewer Fund projections come to fruition at year end, the fund would generate a net gain of $5.3 million. 2% TOT Fund
The 2% TOT Fund accounts for Measure C TOT revenues and expenditures. Measure C was approved by San Mateo voters in 1998 to increase its TOT rate by 2% to fund needed seismic upgrades and other safety improvements to the City’s safety facilities. Measure C’s ongoing commitments are primarily the debt service for the lease revenue bonds that were issued in 2007 to finance the cost of capital for the Police Department headquarters. Most recently, it funded part of the cost for the new Fire Station 25. However, due to the immediate and severe impact of COVID-19 on local tourism, the Fund did not account for sufficient TOT revenues to pay for Measure C’s full share of Fire Station 25. As such, the $2,400,000 of the additional property tax revenues that are projected for 2022-23 are recommended to be appropriated to increase the transfers out budget in the General Fund to offset negative fund balance in the 2% TOT Fund (Fund 56).
In addition, the lease revenue bonds that that were issued in 2007 to finance the cost of the Police Department headquarters were variable rate bonds, which gets reset on a weekly basis. Due to the escalation of the Federal Funds Rate, the adopted 2022-23 budget assumed that the interest rate would escalate to 1.75%. As shown in the chart below, the weekly rate reset has fluctuated, but has been dropping since December 2022:
197 of 201
CITY OF SAN MATEO
3 9
1 7
Prospectively, Measure C TOT revenues and the variable rate debt interest rate will be monitored. The long-term outcome will depend on the ongoing recovery of TOT revenues, the duration of time it will take for inflation to return to targeted levels, and by extension, the Federal Funds rate reaching the desired long-term target of 2.5% and the variable rate decreasing to pre-pandemic levels.
CalPERS Investment Returns
The graph below illustrates CalPERS’ investment returns juxtaposed against its discount rate, which is the long-term assumption for rate of return. Every deviation from the discount rate is amortized over a long period of time, which is defined as an amortization base, akin to a mortgage.
1.25%
1.95%
2.70%
3.10%
3.45%3.40%
1.90%
1.50%1.55%
1.70%
1.90%
2.05%
1.95%
2.10%
2.20%2.25%2.30%
1.80%
1.20%1.20%
1.30%
1.45%
1.60%1.65%
1.55%
1.18%
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
7/28/2022 8/28/2022 9/28/2022 10/28/2022 11/28/2022 12/28/2022
198 of 201
CITY OF SAN MATEO
3 9
1 7
While its 21.3% return on investment (ROI) in 2020-21 reduced the City’s unfunded pension liability by over $70 million, the negative 7.5% ROI for 2021-22 is expected to increase the unfunded pension liability by nearly $100 million. By 2028- 29, the 2021-22 investment loss will cost the City nearly $10 million more per fiscal year beginning in 2024-25 and $177 million in aggregate in additional pension contributions. As of January 19, 2023, CalPERS has reported an ROI of 4.7%, still well below its discount rate of 6.8%.
In response to the immediate and severe financial impact of COVID-19, the City suspended its pension funding policy, which aimed to use half of what was received in Excess Educational Revenue Augmentation Fund (Excess ERAF) revenues and contributed to CalPERS as an additional discretionary payment (ADP). Contributing ADPs is effectively paying down on the principal of the loans (amortization bases) and resulted in interest savings. For example, if the City were to contribute an ADP of $5.0 million to CalPERS, the net savings in pension contributions over time would be $20.0 million. In response to the impact of CalPERS’ 2021-22 ROI on the City’s pension contributions, staff recommends that the City’s pension contribution policy be reviewed and discussed at a study session this later this year.
BUDGET IMPACT:
Based on year-to-date trends and adoption of the attached resolution:
•General Fund total revenues are projected to be $163.5 million, while total expenditures and transfers out are projected to be $161.5 million, which would generate a net gain of $2.0 million; oWith City Council approval of the supplemental budget appropriation of $2,488,852 million in additional property taxes to 1) increase transfers out by $2,400,000 to the 2% TOT Fund, and 2) $88,852 to the DoIT operating budget, total expenditures and transfers out would increase to $164.0 million, and generate a -30.00%
-20.00%
-10.00%
0.00%
10.00%
20.00%
30.00%
1992199319941995199619971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019202020212022 ROI Discount Rate
199 of 201
CITY OF SAN MATEO
3 9
1 7
net loss of $0.5 million, albeit a favorable result compared to the amended budget, which assumed a net loss of $5.9 million.
•Construction Services Fund total revenues are projected to be $13.8 million, while total expenditures and transfers out are projected to be $15.4 million, which would generate a net loss of $1.6 million; and •Sewer Fund total revenues are tracking to the amended budget of $85.5 million, while total expenses are projected to be $39.0 million. Since most capital projects are multi-year projects, it is highly unlikely that the budgeted transfers out of $41.2 million would occur. However, from a budgeting and accounting perspective, the budget appropriations and associated encumbrances reflect committed funds for capital projects, thus unexpended capital budgets will be committed at year end and the capital budgets will be rolled over to the subsequent fiscal year. As such, the entirety of the transfers out to the Capital Projects (CIP) Fund is assumed in the calculation of the income statement year end result of a net gain of $5.3 million.
ENVIRONMENTAL DETERMINATION:
This mid-year budget update is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Resolution
STAFF CONTACT
Rich Lee, Director, Finance
[email protected]
(650) 522-7102
200 of 201
CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
RESOLUTION APPROVING SUPPLEMENTAL BUDGET APPROPRIATIONS OF $2,488,852 OF ADDITIONAL PROJECTED PROPERTY TAX REVENUES; $2,400,000 TO INCREASE TRANSFERS OUT FROM THE GENERAL FUND TO THE 2% TOT FUND AND $88,852 TO INCREASE THE DEPARTMENT OF INFORMATION TECHNOLOGY’S 2022- 23 OPERATING BUDGET
WHEREAS, the 2022-23 mid-year budget was presented to the City Council on February 6, 2023; and WHEREAS, the adopted 2022-23 budget assumed that the City would receive $80.3 million in property tax revenues; and
WHEREAS, the property tax in lieu of vehicle license fees (VLF) shortfall is anticipated to be less than what was assumed in the adopted 2022-23 budget, which largely buoyed property tax revenues to a year-end estimate of $83.4 million; and
WHEREAS, the 2% TOT Fund requires support from the General Fund due to the impact of COVID-19 on TOT revenues; and
WHEREAS, the Department of Information Technology’s 2022-23 operating budget requires additional appropriations to account for the full subscription cost of the Workday enterprise resource planning (ERP) system and Teller cashiering solutions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. A supplemental budget appropriation of $2,488,852 of the additional projected property tax revenues is approved.
2. The General Fund budget for transfers out to the 2% TOT Fund is increased by $2,400,000 to address negative fund balance due to the impact of COVID-19 on TOT revenues.
3. The Department of Information Technology’s 2022-23 operating budget is increased by $88,852 for the full subscription cost of the Workday ERP and Teller cashiering solutions.
201 of 201