San Mateo City Council
April 3, 2023

CITY OF SAN MATEO
City Council Regular Meeting
April 3, 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:

April 3, 2023
To join via telephone: (408) 638-0968
Webinar ID: 851 1357 3189 Passcode: 798036
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

Any unheard items will automatically move forward to the next regular meeting.

CALL TO ORDER
Pledge of Allegiance
Roll Call

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.

1. City Council Meeting Minutes – Approval
Approve the minutes of the special and regular meetings of March 20, 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).)

2. City Council 2023 Regular Meeting Calendar Update – Adoption Adopt the updated City Council regular meeting schedule to cancel the regular City Council meeting scheduled for October 2, 2023.

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).)

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3. 4th and 5th Avenue Railroad Grade Crossings Projects – Construction Contract Approve a construction contract with Redgwick Construction Company for the 4th and 5th Avenue Railroad Crossing Section 130 Improvements Projects in the amount of $637,848; establish a contingency reserve in the amount of $64,000; and authorize the Public Works Director to execute the construction contract in substantially the form presented and issue change orders as allowed by the contract documents and within the amount of the contingency reserve.

CEQA: This Project 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 existing or former use. (CEQA Guidelines Section 15301.)

4. Wastewater Treatment Plant On-Call Rehabilitation and Replacement Services – Contract Award a contract to Monterey Mechanical Co. for wastewater treatment plant on-call rehabilitation and replacement services in an amount not to exceed $300,000; and authorize the Public Works Director to execute the contract in substantially the form presented, issue project-specific task orders under the contract, and execute no-cost time extension amendments to the contract if budget remains at the end of the original or extended terms.

CEQA: This contract 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 former of existing use. (CEQA Guidelines Section 15301.)

5. US-101 Express Lanes – License Agreement
Approve a license agreement with San Mateo County Express Lanes Joint Powers Authority for US-101 Express Lane Project for the construction, maintenance, and operation of tolling equipment within the public right-of- way; and authorize the Public Works Director to execute the agreement in substantially the form presented.

CEQA: This license 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).)

6. Underground Flow Equalization System Temporary Construction Access – Amendment Approve an amendment to the agreement with the County of San Mateo for the Acquisition and Conveyance of Property Rights in Support of City of San Mateo’s Underground Flow Equalization System Project in the amount of $328,760 in order to complete construction of the project at the San Mateo County Event Center; and authorize the City Manager to execute the amendment in substantially the form presented.

CEQA: The work addressed by this agenda report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

7. Police Dispatcher Lateral Hiring Recruitment Incentive Program – Authorization Adopt a Resolution to authorize the provision of a police dispatcher lateral hiring recruitment incentive program to include a $15,000 recruitment incentive for up to five (5) highly qualified and experienced lateral dispatchers, in a cumulative amount not to exceed $75,000; 40 hours of vacation time upon completion of training; and a

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$3,000 incentive for per diem dispatchers who work a minimum of 500 hours in two years.

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

8. Winter Storms – Designation of Authority for Expense Reimbursement for Public Assistance Cost Recovery Adopt a Resolution to designate the City Manager, Finance Director, and Assistant City Manager as agents of the City of San Mateo for the purposes of obtaining federal and/or state financial assistance for expenses incurred during the winter storm events.

CEQA: This designation of agents 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. 365 2nd Avenue – Lease Amendment
Approve the 3rd amendment to the lease between the City and Waynee May Yeung and Ying Kit Yeung, members of Sweet Cheeks Puffs, LLC, DBA Beard Papa’s, for the City owned property at 365 2nd Avenue to assign the lease to Genius Learning, LLC and Dennis Tong, authorize an increased security deposit amount of $1,949.56, and authorize the City Manager to execute the amendment in substantially the form presented.

CEQA: This lease 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.)

10. Police Department - Job Specification Updates
Adopt a Resolution to approve the revisions to the job specifications for the classifications of Police Officer Trainee, Police Officer, Police Sergeant, Police Lieutenant, and Police Captain to reflect the changes in California state law and elevated standards for the San Mateo Police Department.

CEQA: These job specification revisions are exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

11. Cannon Design Group for On-Call Design Review Services – Agreement Approve an agreement with Cannon Design Group for architectural design review and other related services in an amount not to exceed $500,000, and authorize the Community Development Director 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).)

12. California Automated Permit Processing (CalAPP) Program – Grant Acceptance Adopt a Resolution to accept a grant of $80,000 from the California Energy Commission Grant Program for the implementation of expedited review and automated permit processing for eligible solar energy system permits; and authorize the City Manager to execute all required documents in substantially the form presented.

CEQA: Acceptance of the grant and implementation of the CalAPP program 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

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in the environment. (CEQA Guidelines Section 15378(b)(5).)

13. Purchase First Time Homebuyer Unit – Supplemental Budget Appropriation Adopt a Resolution to approve an appropriation of up to $368,400 of restricted fund balance from the City Housing Fund for the purchase, closing costs, minor home repairs and a subordinate loan for a First Time Homebuyer unit located at 211 S. Fremont Street, #406 with a net-zero impact to the General Fund and authorize the City Manager to execute all documents required to effectuate the transaction.

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

14. Fiscal Year 2022-23 Community Development Block Grant – Appropriation Adopt a Resolution to appropriate $244,692.30 of restricted fund balance from the Community Development Block Grant Fund to the fiscal year 2022-23 Community Development Block Grant operating expenditures for a total budget of $502,076.30.

CEQA: This budget appropriation 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).)

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.

OLD BUSINESS

15. Leaf Blower Regulations
Receive a report and presentation on leaf blower regulations and provide feedback and guidance on potential leaf blower policy approaches.

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

16. General Plan Update – Review Council Direction on Land Use Heights and Densities and Measure Y Provide direction on the base densities and height limits that should be incorporated into the General Plan Update’s Land Use Element, and provide direction on how Measure Y should be incorporated into the General Plan Update.

CEQA: This study session, which is not a project subject to CEQA because it can be seen with certainty that this activity will not cause a physical change in the environment (Public Resources Code 21065).

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

ADJOURNMENT
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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 consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person:

At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.

ACCESSIBILITY:

In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]
. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 1 Section Name: CONSENT CALENDAR Account Number: 10-1111 File ID: 23-7368 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 03, 2023
SUBJECT:

City Council Meeting Minutes – Approval
RECOMMENDATION:

Approve the minutes of the special and regular meetings of March 20, 2023.

BUDGET IMPACT:

There is no budget impact from this administrative action.

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 2023-03-20 Special
Att 2 - Minutes 2023-03-20 Regular

STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044

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City Council Special Meeting Minutes – 3/20/2023 Page 1 8 2
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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

March 20, 2023
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Mayor Lee, Deputy Mayor Diaz Nash, Council Members: Loraine and Newsom Council Member Rich Hedges teleconferenced from: 2405 Kalanianaole Avenue – PH-11 Hilo, Hawaii 96720

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

1. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One case The City Council reconvened into open session at 5:41 p.m.

STUDY SESSION

2. Leaf Blower Regulations
Due to technology issues in Council Chambers the City Council were unable to take up discussion on Leaf Blower Regulations, this item was continued to the next City Council meeting on April 3, 2023.

ADJOURNMENT –The meeting adjourned at 6:51 p.m.

APPROVED BY: SUBMITTED BY:

Amourence Lee, Mayor Martin McTaggart, Deputy City Clerk

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City Council Regular Meeting Minutes – 3/20/2023 Page 1 8 2
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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
March 20, 2023
City Hall Conference Room C 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: Loraine and Newsom Council Member Rich Hedges teleconferenced from: 2405 Kalanianaole Avenue – PH-11 Hilo, Hawaii 96720

CEREMONIAL

1. Women’s History Month – Proclamation

2. Gloria Brown – Proclamation Woman of the Year – California State Assembly

CONSENT CALENDAR
The following items, 3 through 17, 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. Council Member Newsom recused himself from Item 16 due to his residence being within 500’ of the project. Motion passed 5-0.

Moved: Diaz Nash, Seconded: Loraine
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None

3. City Council Meeting Minutes - Approval
Approve the minutes of the special and regular meetings of March 6, 2023.

4. City Council Appointments to External Agencies and Liaison Roles - Amendment Approve the amended Council Appointments list for 2023 with new appointments.

5. Termination of Proclamation of a Local Emergency
Adopt a Resolution terminating the declaration of a local emergency.

Enactment: Resolution No. 24 (2023)

6. San Mateo Building Decarbonization Strategy – Appropriation and Agreement Adopt a Resolution to appropriate $115,600 of committed fund balance from the Advance Planning Fund to the Sustainability Program within the City Manager’s Office for the development of a building decarbonization strategy; approve an agreement with Rincon Consultants, Inc. for the development of a building decarbonization strategy in the amount of $115,600; and authorize the City Manager to execute the agreement in substantially the form presented.

Enactment: Resolution No. 25 (2023)

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7. Downtown Electric Vehicle Chargers – Appropriation
Adopt a Resolution to authorize a budget transfer of $28,000 from unassigned fund balance from the General Fund to the Capital Improvement Project for the installation of electric vehicle chargers at the 2nd and El Camino Garage.

Enactment: Resolution No. 26 (2023)

8. Housing Element Update Consulting Services – Amendment Approve Amendment No. 2 to the agreement with Diana R. Elrod Consulting Services for Housing Element Update Services to extend the term of the agreement from March 30, 2023 to December 31, 2023, with no change to the agreement total, and authorize the Community Development Director to execute the amendment in substantially the form presented.

9. General Plan, Housing Element, and Housing Successor Agency – 2022 Annual Progress Reports Accept the Annual Progress Reports for General Plan, Housing Element, and Housing Successor Agency, and direct the Community Development Director to file the reports with the State of California.

10. Library Department – Classification and Position Updates Adopt a Resolution to approve: the elimination of one (1) vacant Librarian I Per Diem and one (1) vacant Literacy Specialist Per Diem; the addition of one (1) Librarian I/II merit Full-Time Equivalent (FTE) in the Children's/Literacy Division; the elimination of three (3) vacant Library Assistant I Per Diem positions; and the addition of one (1) Library Assistant I/II merit FTE in the Circulation/Technical Services Division.

Enactment: Resolution No. 27 (2023)

11. San Mateo Public Library Foundation Operating Lease – Amendment Approve an amendment to the property lease and operating agreement with the San Mateo Public Library Foundation to extend the lease for an additional year commencing on April 1, 2023 through March 31, 2024; and authorize the City Librarian to execute the amendment in substantially the form presented.

12. Axon Air Unmanned Aerial Systems Program – Amendment Approve Amendment No. 2 to the master services and purchasing agreement with Axon Enterprise, Inc., to provide an unmanned aerial systems program for a five-year term in the amount of $110,575.95, for a new cumulative agreement total of $1,676,003.63; and authorize the Chief of Police to execute the amendment in substantially the form presented.

13. Police Department Roof Improvements – Budget Appropriation and Agreement Adopt a Resolution to appropriate $150,000 of unassigned fund balance from the General Fund to the Police Department Roof Improvements project; approve an agreement with McGinnis Chen Associates, Inc. for professional roof design services in an amount not to exceed $92,500 with a contingency of $13,875; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments within the contingency amount.

Enactment: Resolution No. 28 (2023)

14. Construction Special Inspection Services for the Clean Water Program – Amendment Approve Amendment No. 1 for professional services with Signet Testing Laboratories, Inc. to provide as- needed construction special inspection services for various Clean Water Program projects; increase the

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agreement amount by $400,000 for a revised total of $1,900,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.

15. Purchase of Replacement Digester Sludge Transfer Pumps – Change Order Approve Contract Change Order No. 1 to the contract with Shape Inc. for the purchase of replacement digester sludge transfer pumps in an amount not to exceed $8,992.16 for a total contract amount of $105,717.16; and authorize the Public Works Director to execute the contract change order in substantially the form presented.

16. School Zone Speed Limit Phase 1 – Agreement
Approve an agreement with JJ Construction and Design Inc. for the School Zone Speed Limit Phase 1 project in the amount of $164,975; establish a contingency reserve in the amount of $16,500; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the amount of the contingency amount.

17. Martin Luther King Community Center Small Kitchen Remodel – Contract Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Newton Construction & Management, Inc. to remodel the small kitchen at the Martin Luther King Community Center in the amount of $149,127.11; establish a contingency reserve in the amount of $25,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

Enactment: Resolution No. 29 (2023)

PUBLIC COMMENT
There were no speakers.

PUBLIC HEARING

18. Fiscal Year 2022-23 Comprehensive Fee Schedule – Amendment for Planning Support Fee Manira Sandhir, Planning Manager, provided a presentation on the needed amendments for Planning support fees for Building Permits. Council members asked questions of staff. Public Comment – there were no speakers. Discussion ensued and the Council expressed agreement with the staff recommendation.

Motion to Adopt a Resolution to approve amendments to the Planning Support Fee for Building Permits. Motion passed 5-0.

Moved: Loraine, Seconded: Hedges
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None

Enactment: Resolution No. 30 (2023)

OLD BUSINESS

19. City Council Priority List – Draft Review
Denise Garcia, Management Analyst II, provided a presentation on the proposed work plan and resource requirements for the draft City Council fiscal year 2023-24 priority list.

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Public Comment – Owen Day expressed support for adding two youth advisory seats on the Park and Recreation Commission and encouraged youth advisory seats be added to the Library Board, Community Relations Commission, Sustainability and Infrastructure Commission, and Planning Commission.

20. Pedestrian Mall Design – Contract Amendment
Kathy Kleinbaum, Assistant City Manager, provided a presentation on the background and evolution of the Pedestrian Mall on ‘B’ street noting the increase of retractable bollards significantly impacts project cost and other safety concerns and considerations. She noted some local business opposition to the Pedestrian Mall between 1st and 2nd Avenue. Council asked questions of staff.

Public Comment – In person (2): Lisa Kioa suggested using concrete planters in the middle of street; and Kevin Simpson stated the B Street corridor is perfect for a pedestrian mall and is interested in building the momentum for downtown dining. Remote (5): Sean Lascon stated support of the pedestrian mall downtown and moving festivals elsewhere; Max Mautner supports more pedestrian areas; David Hunt supports events being held elsewhere; Daniel Schorr expressed downtown needs to be more aesthetically pleasing to attract businesses to the area, and more landscaping and parklets are needed. Arielle Angel stated support for the pedestrian mall as an equitable approach.

Council discussion ensued and a recommendation to working with affected businesses in a more structured way and bring back for further discussion on location of Pedestrian Mall.

Motion to Adopt a Resolution to approve a supplemental budget appropriation of $130,766 from the unassigned fund balance of the General Fund to the Pedestrian Mall Design project to cover the cost of the first and second amendments to the agreement with Community Design + Architecture and the contingency reserve; approve the second amendment to the agreement with Community Design + Architecture to increase the contract amount to a total not to exceed $262,251 for additional design work and engineering support services; establish a contingency reserve of $14,000; and authorize the City Manager to execute the agreement in substantially the form presented and approve amendments within the contingency amount. Motion passed 5-0.

Moved: Loraine, Seconded: Newsom
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None

Enactment: Resolution No. 31 (2023)
Council recessed from 8:54 p.m. to 9:04 p.m.

21. Stormwater Funding - Overview
Sarah Scheidt, Regulatory Compliance Manager, Engineering Division, provided a presentation on the project purpose, an overview of the stormwater system, results of the funding analysis and a funding survey. Consultants Jerry Bradshaw and Chris Coulter, SCI Consulting Group, and staff responded to Council’s questions.

Public Comment – Remote (3): Rich Kranz expressed charging only the people who live on the lagoon a fee would be wrong and recommended best places for dredging; Daniel Schorr stated the cost to maintain the lagoon should be shared by everyone and supports Council going forward; Rick Sakuda suggested charging a higher rate.

Mayor Lee clarified that Council is deciding on a city-wide poll for all property owners commercial and residential and the rate would be based on size of your parcel and paying for city-wide infrastructure would be by everyone.

Council asked additional questions and deliberated further and consensus was that Council were supportive of staff recommendations to move forward with a public survey to inform the final Fee Report and Public Notice for a

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potential Stormwater Fee following Prop 218 requirements; Council inquired whether we could justifiably survey with a higher rate than originally proposed and staff will follow up with our consultants and accommodate if feasible; Council supported a robust educational campaign and community and stakeholder involvement.

NEW BUSINESS

22. Complete Streets Plan - Introduction and Community Engagement Sue-Ellen Atkinson, Principal Transportation Planner, and Carrie Modi, AICP, Senior Associate, Fehr & Peers, provided a presentation on the purpose and goals of the Complete Streets plan, and outlined project opportunities and challenges as well as the engagement plan and timeline. Council asked questions, especially regarding North Central bike lanes and community outreach.

Public Comment – In person (8): Lisa Kiowa shared concerns regarding parking availability in North Central; Joanne Bennett stated concerns for parking availability in North Central; Olivette Ferris asked for greater community engagement with bicycle lanes in the North Central area; Luella Parker stated concern for senior members of the community ability to attend church; Jesus Sanchez expressed concern for having only one parking space for four vehicles; Kevin Simpson noted neighbors are feeling pitted against each other for parking; Shirley Morton expressed there was a lack of communication on the loss of parking; Trina Pierce shared that North Central was disproportionately impacted by loss of parking; and Gloria Brown asked that staff listen to the community in North Central. Remote (9): Mike Caggiano recommended one-way streets in North Central to enhance safety; Megan Strain supports safer streets to walk and cycle; Sean Lacson suggested incentives for community engagement with Complete Streets; Jessica Manzi hightlighted the importance of the educational aspects of the complete streets plan; Bry Myers asked to prioritize designing the streets and sidewalks for all users with emphasis on active transport; Rick Sakuda shared that trust needs to be rebuilt with the North Central community; David Hunt shared the value of community information events; and Mike Swire urged the Council to move forward with traffic calming and pedestrian focused projects.

Council recessed from 11:50 p.m. to 11:55 p.m.

Council discussion ensued and comments shared noting a need to rebuild trust and invest in the North Central community, the impact of the bike lanes in an already dire parking situation, and a desire to move expeditiously with a redesign of the bake lane and a more comprehensive circulation study. Questions were asked regarding safety and one-way streets, strategies for addressing immediate concerns, the need for a focus on listening, and robust community outreach is needed. Specific issues and spot requests for solutions were addressed. Council committed learning from and improving the process.

Council consensus was to move forward with new plan of Complete Streets, listen to feedback, and make adjustments as needed.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Mayor Lee would like to re-agendize the general plan land use item from the March 6th meeting (Old Business- Item 11) to clarify the final takeaways as there is clarification needed. Mayor Lee received a majority approval of the Council to reagendize the General Plan Update to review Council direction on land use heights and densities and measure Y.

ADJOURNMENT –The meeting adjourned at 12:34 p.m.

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APPROVED BY: SUBMITTED BY:

Amourence Lee, Mayor Martin McTaggart, Deputy City Clerk

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 2 Section Name: CONSENT CALENDAR Account Number: 10-1111 File ID: 23-7369 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 03, 2023
SUBJECT:

City Council 2023 Regular Meeting Calendar Update – Adoption RECOMMENDATION:

Adopt the updated City Council regular meeting schedule to cancel the regular City Council meeting scheduled for October 2, 2023.

BACKGROUND:

On February 6, 2023, the City Council approved an invitation from Mayor Shigeki Osanai of Toyonaka City to travel to Japan to celebrate the 60th anniversary of the Sister City relationship between Toyonaka and San Mateo. The City sought Council Member interest in attending the celebration and received confirmation of interest from Mayor Lee, Deputy Mayor Diaz Nash, and Council Member Loraine. The travel is scheduled between October 1, 2023, and October 9, 2023.

The currently adopted City Council regular meeting calendar includes a meeting on October 2, 2023 when three council members will be out of the country. If City Council adopts this updated regular meeting schedule, the meeting scheduled for October 2, 2023 will be cancelled (see Attachment 1). Staff will return to City Council if it is determined that an additional special meeting is required due to this cancelation.

BUDGET IMPACT:

There is no budget impact associated with 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

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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.
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9 1
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
Tuesday June 20, 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 Cancelled – due to three Council Member visit to Toyonaka
Monday October 16, 2023
Monday November 6, 2023
Monday November 20, 2023
Monday December 4, 2023
Monday December 18, 2023 Cancelled – regular holiday schedule

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 23-7279 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 03, 2023
SUBJECT:
4th and 5th Avenue Railroad Grade Crossings Projects – Construction Contract RECOMMENDATION:

Approve a construction contract with Redgwick Construction Company for the 4th and 5th Avenue Railroad Crossing Section 130 Improvements Projects in the amount of $637,848; establish a contingency reserve in the amount of $64,000; and authorize the Public Works Director to execute the construction contract in substantially the form presented and issue change orders as allowed by the contract documents and within the amount of the contingency reserve.

BACKGROUND:

Federal Rail Administration (FRA) guidelines require all trains to sound their horns through at-grade crossings, construction zones, and whenever a trespasser is spotted by the conductor in the railroad right of way. This requirement to blow a horn in the above situations must be followed at all times of the day. In the City, there are at-grade crossings at Villa Terrace, E.

Bellevue Ave, 1st Ave, 2nd Ave, 3rd Ave, 4th Ave, 5th Ave, and 9th Ave. Trains are required to sound their horns at designated distances up to a quarter mile in advance of each at-grade crossing depending on operating speed.

Cities can make improvements to establish a “Quiet Zone” to restrict the use of train horn noise along train corridors. In order to establish a “Quiet Zone”, the City must implement FRA approved safety measures at a number of at-grade crossings within the proposed segment. Approved safety measures include upgraded four-quadrant gates (as opposed to the standard two-quadrant gates currently used in the City), concrete medians, street closures, and one-way street conversions. It’s important to note that even within an established “Quiet Zone,” trains are still required to sound horns when approaching occupied station platforms, construction zones, or whenever a trespasser is spotted by the conductor in the railroad right of way.

With the completion of the 25th Avenue Grade Separation project, improvements are needed at 4th Ave., 5th Ave., E.

Bellevue Ave., and Villa Terrace to establish a “Quiet Zone.” The City has been coordinating with Caltrain on improvements at 4th and 5th Avenues. Caltrain will upgrade the existing two-quadrant gates to four-quadrant gates with vehicle presence detection. The City's scope consists of pavement resurfacing, installation of American with Disabilities Act compliant ramps, pedestrian level lights along 5th Ave., and the installation of new bicycle lanes on 5th Ave. These improvements are to be installed by Caltrain and the City in their respective right of ways (ROWs) and are designed and administered separately.

The California Public Utilities Commission (CPUC) recommended the two safety improvements on 4th and 5th Avenues and is providing 100% funding through the Railroad-Highway Grade Crossing Program (RHGCP) – Section 130 Program. The improvements are considered supplemental safety measures that make a significant contribution toward achieving a “Quiet Zone” as the new gates will reduce the risk of collisions and thus lower the need to sound horns. Staff is currently evaluating additional measures at E. Bellevue Ave. and Villa Terrace for qualification and intend to return Council with an

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update later this year. Caltrain will be advertising the improvements within their ROW at 4th and 5th Avenues later this year.

Staff completed the design of the improvements on 4th and 5th Avenues within the City’s ROW and advertised the project on January 10, 2023. A total of six (6) bids were received and opened on February 16, 2023. The bids received are listed below in order of increasing bid amount.

Contractor Total Bid for 4th Ave Total Bid for 5th Ave Grand Total Bid Amount Redgwick Construction Company $204,925.00 $432,923.00 $637,848.00 Golden Bay Construction, Inc. $185,127.00 $495,800.00 $680,927.00 R&S Construction Management, Inc. $177,625.00 $521,072.50 $698,697.50 McKim Corporation $254,970.55 $473,055.00 $728,025.55
Kerex Engineering $296,110.00 $599,099.00 $895,209.00
Granite Rock Company $213,785.00 $4,992,935.00* $5,206,720.00* * Entry error on the bid item pricing form caused dramatic increase in bid price.

The engineer’s estimate is $780,000. Staff reviewed the bids and determined that Redgwick Construction Company is the lowest responsive and responsible bidder, and recommends it be awarded the construction contract.

BUDGET IMPACT:

Under the executed funding agreements, the City will incur and initially pay its own costs for design of the improvements within City right-of-way, which will be reimbursed with federal funds administered by Caltrans. City costs are funded by the Railroad Crossing Improvements (46m001) project. There are sufficient funds to support construction costs prior to reimbursement.

ENVIRONMENTAL DETERMINATION:

This Project 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 existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Construction Contract

STAFF CONTACT
Stephanie Gindlesperger, Senior Engineer
[email protected]
650-522-7315
Jana Cadiz, Assistant Engineer
[email protected]
650-522-7575

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AGREEMENT WITH REDGWICK CONSTRUCTION COMPANY

FOR PUBLIC IMPROVEMENT
FOR
4TH AND 5TH AVENUE RAILROAD GRADE CROSSING
SECTION 130 IMPROVEMENTS PROJECTS
CITY PROJECT NO. 46m001-46000-1000-46350/46m001-46000-1100-46350 FEDERAL AID PROJECT NO. STPL 7500 (281)/STPL 7500 (280) THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and REDGWICK CONSTRUCTION COMPANY, a corporation, with offices at 21 Hegenberger Court, Oakland, CA 94621 (hereinafter called "Contractor"), entered into this day of ______________.

RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor.

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:
4TH AND 5TH AVENUE SECTION 130 IMPROVEMENTS PROJECT
CITY PROJECT NO. 46m001-46000-1000-46350/46m001-46000-1100-46350 FEDERAL AID PROJECT NO. STPL 7500 (281)/7500 (280)

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of six hundred thirty seven thousand eight hundred forty eight dollars ($637,848) in full payment for the work set forth above.

Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book.

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addenda issued to the Contract Book, the State of California Standard Specifications 2018 Edition, the State of California Department of

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Transportation Standard Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

All of the above-named documents are complementary and are intended to operate in harmony, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. In the event of any variation or discrepancy between any portion of this Agreement and any portion of the contract documents, this Agreement shall prevail.

The precedence of the remaining contract documents will be as specified in the Contract Book.

4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book.

5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.

6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work.

Contractor shall not require more than 8 hours labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages,

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determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.

Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.

Contractor agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

8. Senate Bill 854 Compliance Required. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations.

In accordance with Labor Code Section 1771.4 the contractor must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

9. Insurance. The Contractor shall procure and maintain for the duration of the contract and five years thereafter the insurance as specified in Exhibit A of this agreement.

10. Hold Harmless and Indemnity Provision. Contractor agrees to hold harmless, defend, and indemnify the City, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Agreement, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of the City, its elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City or (b) the active negligence of the City; further provided, that this provision shall not affect the validity of any insurance contract, workers’ compensation or other agreement issued by an admitted insurer as defined by the Insurance Code. Contractor will defend City of San Mateo, its elected and appointed officials, employees, and agents, against any such claims.

11. Attorney Fees. Attorney fees in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the contract documents. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this Agreement shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of the contract documents. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

12. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association,

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the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.
a. Notices required to be given to City shall be addressed as follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement.

15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

16. Governing Law and Venue. This Agreement, the contract documents, and the performance hereon shall be governed, interpreted, construed, and regulated by the laws of the State of California. The parties agree that any action related to this Agreement or the contract documents will be venued in the County of San Mateo.

17. Headings. The title and headings of the various sections of this Agreement and the contract documents are intended solely for convenience of reference and are not intended to explain, modify, or place any construction on any provisions.

18. No Partnership or Agency. Nothing in this Agreement nor the contract documents shall be deemed to constitute a partnership in law between City and Contractor, or any sub-contractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.

19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void,

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the parties would not have entered into the contract documents. The parties shall use all reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention.

20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided: 1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives.

21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and REDGWICK CONSTRUCTION COMPANY has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Azalea Mitch
Public Works Director
Date Travis Miller
Its Authorized Agent
Vice President
If a Corporation, can be either 1)
President or 2) Vice President plus an
additional corporate officer (i.e.,
Secretary, Treasurer) who shall sign
below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Bob Rahebi
Secretary
Date
Attachments:

Exhibit A: Insurance Requirements

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Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for x years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) 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 $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3.Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4.Surety Bonds as described below.

5.Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1.The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 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).

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2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site.

Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies) If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract 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, or start of work date, the Contractor must purchase extended reporting 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 Entity for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy 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, unless otherwise acceptable to the Entity.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor 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

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endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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 circumstances.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 23-7280 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 03, 2023
SUBJECT:

Wastewater Treatment Plant On-Call Rehabilitation and Replacement Services – Contract RECOMMENDATION:

Award a contract to Monterey Mechanical Co. for wastewater treatment plant on-call rehabilitation and replacement services in an amount not to exceed $300,000; and authorize the Public Works Director to execute the contract in substantially the form presented, issue project-specific task orders under the contract, and execute no-cost time extension amendments to the contract if budget remains at the end of the original or extended terms.

BACKGROUND:

The City operates and maintains a wastewater treatment plant (WWTP) that receives 10 million gallons per day (MGD) on an average day and up to 60 MGD during wet weather events. The facility operates 24/7 and is managed by operations and maintenance staff. Responsible for addressing preventive maintenance and repairs, maintenance staff ensure that the equipment is in working order for the WWTP to operate as designed and meet permit requirements. However, external contracting services are required on occasion for specialty repairs and minor projects that are beyond the existing skillset of maintenance staff, as well as for emergency situations, such as imminent equipment or process failures. WWTP staff determined it is critical to have an on-call contractor with the proper licenses, skills, and equipment to provide planned or emergency services on an as-needed basis in order to keep the WWTP operating 24/7.

In accordance with Municipal Code section 3.60.030, a competitive public process was used to obtain bids for this service.

A Notice Inviting Sealed Proposals and Bidding Documents was issued to advertise the project on January 13, 2023. Three bids were received and opened on February 22, 2023. One of the bids was not filled out completely and it was determined to be non-responsive as a result. The bid results are included below:

Contractor Bid Amount
Monterey Mechanical Co. $4,811
JMB Construction $9,270
Telstar Instruments Non-Responsive ($1,267.25)
Note: Bid amount is based on the sum of hourly unit prices and mobilization fees for on-call services.

Staff recommends awarding the contract to Monterey Mechanical Co. for an amount not to exceed $300,000 over a two- year term. The agreement includes the option for up to three (3), one-year extensions with additional budgets of up to $150,000 for each year, which would be brought back to City Council for approval if recommended by staff. For any as- needed work, staff will negotiate a scope, fee, and schedule with the contractor and issue individual task orders. The hourly rates submitted in the contractor’s bid will be the basis for establishing the fees for each task order.

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BUDGET IMPACT:

Funding is budgeted for these services in the wastewater treatment plant maintenance program budget.

ENVIRONMENTAL DETERMINATION:

This contract 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 former of existing use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Contract

STAFF CONTACT
Daniel Patten, Project Manager II
[email protected]
(650) 522-7284
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

SECTION 00 50 00

CONTRACT FOR CONSTRUCTION
This Contract is by and between:

OWNER CONTRACTOR
The City of San Mateo
330 West 20 th Street
San Mateo, California 94403
Monterey Mechanical Co.
8275 San Leandro Street
Oakland, California 94621

Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

1.01 Work
A. Work includes all labor, materials, equipment, s ervices, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents.

Wastewater Treatment Plant On-Call Rehabilitation and Replacement Services is generally described as follows and includes two type of work categories for the Wastewater Treatment Plant (WWTP) facilities:

Planned Work includes Operations and Maintenance projects which are important to plant operations, however, are not critical from a timing perspective. Work may include, but not be limited to replacing a pump nearing the end of its useful life or installing new equipment. This work is on-call and on an as-needed basis, thus the City cannot guarantee that Work will equal the cost of the full contract fee.

Emergency Work which needs to be completed as soon as possible to maintain safe operations of the plant, and/or protect WWTP staff and the public. Contractor shall be able to respond to the City or Resident Project Rep resentative (RPR) within 8 hours of notice and mobilize within 24 hours. The Contractor’s workforce and equipment shall be at a reasonable proximity to the WWTP in order to respond to the service requests.

In general, the scope of planned or emergency work may include, but not be limited to, the installation and/or repair of pipes, concrete w alls, valves, slide/sluice gates, electrical systems, metal and concrete tanks, sumps , pumps, ducts, and typical wastewater equipment. The work may also involve the removal of hazardous materials.

The Site of the Work is generally located at 2050 Detroit Drive, San Mateo, California.

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ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

2.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms spec ifically defined, terms with initial capital letters in the Contract Documents include reference s to identified articles and paragraphs, and the titles of other documents or forms.

B. Resident Project Representative - The authorized representative of Owner assigned to assist Owner at the Site. As used herein, the term Residen t Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative.

2.02 Terminology
A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to auth orize an exercise of professional judgment by Owner, Engineer, or Architect. In addit ion, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgmen t, action, or determination will be solely to evaluate, in general, the Work for compli ance with the information in the Contract Documents. The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of any provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “W ork,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendat ion of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion.

E. Furnish, Install, Perform, Provide:

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1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials , or equipment to the Site (or some other specified location) ready for use or installa tion and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position sai d services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in c onnection with services, materials, or equipment, shall mean to furnish and install said s ervices, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligatio n of Contractor with respect to specific services, materials, or equipment, but do not expre ssly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

2.03 Contract Documents Defined
A. If any of the items listed are not to be included as Contract Documents, remove such item from the list and renumber the remaining items as necessary.

B. The Contract Documents consist of the following documents:

1. This Contract.

2. Performance bond.

3. Payment bond.

4. Exhibits to this Contract (enumerated as follows):
a. Exhibit A - Contractor’s Bid Form (Section 00 30 00) b. Exhibit B – Insurance Requirements for Construction Contracts.

5. The following which may be delivered or issued o n or after the Effective Date of the a. Contract:
b. Notice to Proceed.
c. Task Orders.
d. Work Change Directives.
e. Change Orders.
f. Field Orders.

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ARTICLE 3 - CONTRACT DOCUMENTS

3.01 Task Order Process
A. When there is a need for the work to be performe d, the City will request a proposal from the Contractor. The City may provide design documents f or the Work, including but not limited to, design drawings, specifications and equipment information. These documents, along with the Task Order form and the contractor’s proposal shall be referred to as the Task Order.

B. The City will then negotiate the price and level of effort for the Work.

C. Once a price and level of effort have been negotiated, the City will then issue a Task Order form as provided in of Attachment A of the Contract Bid Book.

3.02 Intent of Contract Documents and Task Orders
A. It is the intent of Contract Documents to provid e the general requirements to perform the work. It is the intent of the individual Task Orders to describe a functionally complete project.

The Contract Documents and Task Orders do not indic ate or describe all the Work required to complete an individual project. Additional detai ls required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Owner and RPR.

B. During the performance of the Work and until fin al payment, Contractor and Owner shall submit all matters in question concerning the requi rements of the Contract Documents or Task Order or relating to the acceptability of the Work under individual Task Orders to the RPR. RPR will be the initial interpreter of the req uirements of Contract Documents and individual Task Orders, and judge of the acceptability of the Work thereunder.

C. RPR will render a written clarification, interpr etation, or decision on the issue submitted, or initiate a modification to an individual Task Order and the Contract Documents.

D. Contractor, and its subcontractors and suppliers , shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media editions) prepared by RPR or its consultants.

3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

1. Contractor’s Verification of Figures and Field Measurements : Before undertaking each part of the Work, Contractor shall carefully study the Task Orders and Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to th e Contract Documents and Task Orders.

2. Contractor’s Review of Contract Documents and Task Orders : If, before or during the performance of the Work, Contractor discovers any c onflict, error, ambiguity, or discrepancy within the Contract Documents, or betwe en the Contract Documents and (a) any applicable Law or Regulation, (b) actual fi eld conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier,

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then Contractor shall promptly report it to Enginee r in writing. Contractor shall not proceed with the Work affected thereby until the co nflict, error, ambiguity, or discrepancy is resolved, by a clarification or inte rpretation by Engineer, or by an amendment or supplement to the Contract Documents i ssued pursuant to Paragraph

3.03 B3.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents and Task Orders unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated i n the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:
a. The provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not spe cifically incorporated by reference as a Contract Document); or
b. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

2. When a conflict exists between drawings or betwe en drawings and details, the more stringent of the two shall prevail. When a conflic t exists between two specifications, the more stringent of the two shall prevail.

3. In the event of a conflict that cannot be resolved by interpreting the Contract Documents as a single, integrated document and giving effect to each provision therein, the Contract Document higher in precedence shall contro l and supersede the Contract Documents lower in precedence in accordance with the following listing arranged from the highest to the lowest in precedence:
a. Change Order.
b. Addenda.
c. Contract.
d. Technical Specifications included in Task Orders.
e. Drawings included in Task Orders.
f. Owner Standard Specifications.
g. Owner Standard Drawings.
h. If the Contract is for use in a Job Order Contract, add the following. i. The provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document).
j. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

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k. Notice to Bidder
l. Instructions to Bidder
ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times
A. The Work will be completed within two (2) years after the Effective Date of the Contract. The City, at its discretion, may execute up to three (3), one-year extensions.

B. Time of the Essence: Time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in each Task Order.

4.02 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor doe s not complete the Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine and the parties agree that $1000 per day is a reasonable approximation of the Owner’s damages, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $1000 for each day that expires after the Contract Time for substantial completion.

4.03 Delays in Contractor’s Progress
A. If Owner, RPR, or anyone for whom Owner is respo nsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contr actor shall be entitled to an equitable adjustment in the Contract Times and Contract Price . Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or their subcontractors or suppliers.

C. If Contractor’s performance or progress is delay ed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times.

D. Contractor shall not be entitled to an adjustmen t in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

4.04 Progress Schedules
A. Contractor shall develop a progress schedule and submit to the RPR for review and comment before starting Work on the Site. The Contractor sh all modify the schedule in accordance with the comments provided by the RPR.

B. The Contractor shall update and submit the progr ess schedule to the RPR each month. The Owner may withhold payment if the Contractor fails to submit the schedule.

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ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. For all Work, at the prices stated in Contractor’s Bid, incorporated herein by reference, shall not exceed $300,000 over the two-year term of the C ontract. At the City’s discretion, three (3) one-year extension options may be execute d with additional budgets of up to $150,000 for each year.

1. Individual Task Orders shall not exceed $100,000. At the City’s discretion, multiple Task Orders may be issued in a single year.

5.02 Unit Prices
A. Costs in Task Order proposals shall be based on the Unit Prices in the Bid Form.

B. Costs associated with any services and/or equipm ent not listed in the Bid Form shall be reviewed and negotiated between the Contractor and City prior to the City issuing the Task Order for the Work.

C. The unit prices shall be fixed for the first two -year contract term. Unit rates for one-year extension options shall not be increased more than 3% per year in comparison to the original unit prices, or 3% more than the prevailing wage unit rate associated with the service and/or equipment at the start of each extension option year, whichever is higher.

ARTICLE 6 - BONDS AND INSURANCE

6.01 Bonds
A. Before starting Work, Contractor shall furnish a performance bond and a payment bond from surety companies that are duly licensed or authorized to issue bonds in the required amounts in the jurisdiction in which the Project is located . Each bond shall be in an amount equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall r emain in effect until the completion of the correction period specified in Paragraph 7.12 b ut, in any case, not less than one year after the date when final payment becomes due.

B. Performance by Sureties. In the event of any termination, Owner shall immediately give written notice to Contractor and Contractor’s sureties, and the sureties shall have the right to take over and perform the Contract, provided, however, that if the sureties, within five days after giving them notice of said termination, do not give Owner written notice of their intention to take over the performance thereof within five days after notice, Owner may take over the work and prosecute the same to completion, by contr act or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to Owner for any excess cost or damages occa sioned Owner thereby; and, in such event, Owner may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and oth er property belonging to Contractor as may be on the site of the work and necessary therefore

6.02 Insurance
A. The Contractor shall procure and maintain the in surance specified in the Exhibit B of this Contract for the greater of (1) the duration of the contract plus a period of three (3) years after completion of the Contract or (2) the duration shown in Exhibit B.

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ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence
A. Contractor shall supervise and direct the Work c ompetently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, safety, and procedures of construction.

B. Contractor shall assign a competent resident sup erintendent who is to be present at all times during the execution of the Work. This resident superintendent shall not be replaced without written notice to and approval by the Owner and RPR except under extraordinary circumstances.

C. Contractor shall at all times maintain good discipline and order at the Site.

D. Except as otherwise required for the safety or p rotection of persons or the Work or property at the Site or adjacent thereto, and except as othe rwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday.

7.02 Other Work at the Site
A. In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and c ustomary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site B. Other construction contracts have been or will be awarded by Owner that are in close proximity to or border on the Work of this Contract are as follows:

1. Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project.

2. Immediate Action Projects, Package III.

3. Annual Major Components Projects.

7.03 Coordination with the Owner’s Operations
A. The WWTP is required by law to provide proper treatment to the wastewater and comply with the NPDES permit at all times. The Contractor’s work shall not interfere with plant operations and must not disrupt the plant process unless specifically authorized in writing by the City or RPR. Any permit violation as a result of the Contr actor’s work, such as an unauthorized disruption of plant process or unauthorized operati on of plant equipment, shall be the responsibility of the Contractor. The Contractor shall at all times safely guard and protect the City’s property and adjacent property from damage or loss.

B. Contractor shall be experienced in working aroun d live lines. The Contractor shall obtain all necessary information and be familiar with the proc ess, such as the line pressure, temperature, and characteristics of the process ele ment within the pipe or duct, before performing work. The Contractor shall take proper p recautions and furnish the appropriate equipment and parts to perform hot-tapping or cutti ng into lines without bypassing or stopping of the process flow.

C. Operational functions or shutdown of the existin g plant required to facilitate Contractor’s operation will be done by the Owner’s personnel onl y. Owner will assist Contractor in

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dewatering process tanks, basins, conduits, and oth er work areas to be dewatered for shutdowns. Maintain clean, dry work area by pumping and properly disposing of fluid and other material that accumulates in work areas.

D. Operation of Existing Systems and Equipment during the Work:

1. Contractor shall not shut off or disconnect exis ting operating systems or equipment, unless accepted by RPR in writing.

2. Operation of existing systems and equipment will be by Owner unless otherwise specified or indicated.

3. Where necessary for the Work, Contractor shall s eal or bulkhead Owner-operated gates and valves to prevent leakage that may affect the W ork, Owner’s operations, or both with approval from the RPR.

E. Provide temporary watertight plugs, bulkheads, a nd line stops as necessary and as required.

After completing the Work, remove seals, plugs, bulkhead, and line stops to satisfaction of RPR
F. The Owner may postpone, at no additional cost to the Owner, any and each Contractor request for work that would disrupt plant operations for up to 2 weeks due to operational constraints. Shutdowns during Planned Work projects shall be scheduled per the Method of Procedure Instructions and Forms, Contract Bid Book Attachment B.

7.04 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Docum ents, Contractor shall provide and assume full responsibility for all services, materials, eq uipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, p ower, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work shall be new, of good quality and shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable s upplier, except as otherwise may be provided in the Contract Documents.

7.05 Subcontractors and Suppliers
A. Contractor may retain subcontractors and suppliers for the performance of parts of the Work acceptable to Owner, provided that no work may be p erformed by a subcontractor who is debarred pursuant to Labor Code Sections 1777.1 or 1777.7.

7.06 Quality Management
A. Contractor is fully responsible for the managing quality to ensure Work is completed in accordance with the Contract Documents.

7.07 Licenses, Fees and Permits
A. Contractor shall pay all license fees and royalt ies and assume all costs incident to performing the Work or the incorporation in the Work of any in vention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

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B. Contractor shall obtain and pay for all construc tion permits and licenses unless otherwise provided in the Contract Documents.

7.08 Laws and Regulations; Taxes
A. Contractor shall give all notices required by an d shall comply with all local, state, and federal Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulatio ns, neither Owner nor RPR shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. Contractor shall bear all resulting costs and lo sses, and shall indemnify and hold harmless Owner and RPR, and the officers, directors, members , partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations.

C. Contractor shall pay all applicable sales, consu mer, use, and other similar taxes Contractor is required to pay in accordance with Laws and Regulations.

D. In accordance with Public Contract Code Section 7103.5, the contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the sub-contract. This as signment shall be made and become effective at the time the awarding body tenders fin al payment to the contractor, without further acknowledgment by the parties.

E. Contractor shall give notice of hazardous materi als and certain changed conditions in jobs involving trenching more than four feet deep.

F. In accordance with Labor Code Section 1773.2, co ntractor will make travel and subsistence payments as required by statute.

G. In accordance with Labor Code Section 1771, cont ractor must pay prevailing wages. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announc ed, will be the minimum paid to all craftsmen and laborers working under this Contract. Contractor shall also require any subcontractors who work or provide any services rel ated to the Contract to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It i s understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk’s office; however, errors or defects in the materials in the City Clerk’s office will not excuse a bidder’s failure to comply with the ac tual scale then in force. In accordance with Labor Code Section 1775, the statutory provisi ons for failure to pay prevailing wages will be enforced.

H. In accordance with Labor Code Section 1776, cont ractor must comply with the statutory requirements relating to certified copies of payroll records.

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I. In accordance with Labor Code Section 1777.5, co ntractor must comply with the statutory requirements relating to the employment of apprentices.

J. In accordance with Labor Code Section 1810, eigh t hours labor constitutes a legal day’s work.

Contractor shall not require more than eight hours’ labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than one and one-half times the basic rate of pay.

Contractor shall forfeit as a penalty to Owner the sum of $25.00 for each laborer, workman, or mechanic employed in the execution of this contr act by Contractor, or by any subcontractor, for each calendar day during which s uch laborer, workman, or mechanic is required or permitted to labor more than eight hour s in any calendar day and 40 hours in any one calendar week in violation of the provision s of Section 1810 and 1816, inclusive, of the Labor Code of the State of California.

K. In accordance with Labor Code Section 1813, the statutory provisions for penalties for failure to comply with wage and hour laws will be enforced.

L. In accordance with Labor Code Section 1860, the contractor must secure the payment of workers’ compensation to its employees.

M. In accordance with Labor Code Section 6705, the contractor must submit a detailed plan of the shoring and bracing for trenches five feet deep or more for contracts in excess of $25,000.

N. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industria l Relations. In accordance with Labor Code Section 1771.4, the contractor must post job site notices as required by regulation and this Contract will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7.09 Record Documents
A. Contractor shall maintain one printed record copy of all Drawings, Specifications, Task Orders, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a saf e place at the Site. Contractor shall annotate them to show changes made during construct ion. Contractor shall deliver these record documents to RPR upon completion of the Work.

7.10 Safety and Protection
A. Contractor shall be solely responsible for initi ating, maintaining, and supervising all safety precautions and programs in connection with the Work.

B. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in prog ress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

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4. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Contract Documents or to the acts or omissions of Owner or RPR and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor).

5. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

6. In emergencies affecting the safety or protectio n of persons or the Work or property at the Site or adjacent thereto, Contractor shall act to prevent threatened damage, injury, or loss. Contractor shall give RPR prompt written n otice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If RPR determines that a change in the Contract Documents is required because of the a ction taken by Contractor in response to such an emergency, a Work Change Direct ive or Change Order will be issued.

7.10 Shop Drawings, Samples, and Other Submittals
A. Contractor shall review and coordinate the shop drawing and samples with the requirements of the Work and the Contract Documents and shall ve rify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information.

B. Each submittal shall bear a stamp or specific wr itten certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

C. With each submittal, Contractor shall give RPR s pecific written notice, in a communication separate from the submittal, of any variations that the shop drawing or sample may have from the requirements of the Contract Documents.

D. RPR will provide timely review of shop drawings and samples.

E. RPR’s review and approval will not extend to mea ns, methods, techniques, sequences, or procedures of construction or to safety precautions or programs.

F. RPR’s review and approval of a separate item doe s not indicate approval of the assembly in which the item functions.

G. Contractor shall make corrections required by RP R and shall return the required number of corrected copies of shop drawings and submit, as re quired, new samples for review and approval. Contractor shall direct specific attentio n in writing to revisions other than the corrections called for by RPR on previous submittals.

H. Shop drawings are not Contract Documents.

7.11 Warranties and Guarantees
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. RPR a nd its officers, directors, members,

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partners, employees, agents, consultants, and subco ntractors shall be entitled to rely on Contractor’s warranty and guarantee.

7.12 Correction Period
A. If within one year after the date of substantial completion, any Work is found to be defective, or if the repair of any damages to the Site, adjace nt areas that Contractor has arranged to use through construction easements or otherwise, an d other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly and without cost to Owner, correct such defective Work.

7.13 Indemnification
A. To the fullest extent permitted by Laws and Regu lations, and in addition to any other obligations of Contractor under the Contract or oth erwise, Contractor shall indemnify and hold harmless The City and the Estero Municipal Imp rovement District, their officers, officials, employees, and volunteers and RPR, and t he officials, employees, and agents, of each and any of them from and against all claims, c osts, losses, and damages (including but not limited to all fees and charges of RPR, architects, attorneys, and other professionals and all court or arbitration or other dispute resolutio n costs) arising out of or relating to the performance of the Work. Contractor will defend Owner, its elected and appointed officials, employees, and agents against any such claims. How ever, this provision does not apply to claims, loss, liability, damage, or expense arising from the sole negligence or willful misconduct of the Owner.

7.14 Emergencies
A. In emergencies affecting the safety or protectio n of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the a ction taken by Contractor in response to such an emergency, a Task Order, Work Change Directive or Change Order will be issued.

ARTICLE 8 - OWNER’S RESPONSIBILITIES

8.01 Owner’s Responsibilities
A. Except as otherwise provided in the Contract Documents, Owner shall issue all communications to Contractor through RPR.

B. Owner shall make payments to Contractor as provided in this Contract.

C. Owner shall provide Site and easements required for work as specified in individual Task Orders.

D. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, unless stated elsewhere in the Contract Documents, Owner shall have sole authority and responsibility for such coordination.

E. The Owner shall be responsible for performing in spections and tests required by applicable codes.

F. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the

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safety precautions and programs, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Wo rk. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

G. While at the Site, Owner’s employees and represe ntatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

H. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

I. In accordance with Public Contract Code Section 9201, Owner shall give contractor timely notification of the receipt of any third-party claims relating to the contract.

ARTICLE 9 - RPR’S STATUS DURING CONSTRUCTION

9.01 RPR’s Status
A. RPR will be Owner’s representative during construction. The duties and responsibilities and the limitations of authority of RPR as Owner’s representative during construction are set forth in this Contract.

B. Neither RPR’s authority or responsibility under this Article 9 or under any other provision of the Contract, nor any decision made by RPR in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exe rcise, or performance of any authority or responsibility by RPR, shall create, impose, or giv e rise to any duty in contract, tort, or otherwise owed by RPR to Contractor, any subcontractor, any supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

C. RPR will make visits to the Site at intervals ap propriate to the various stages of construction.

RPR will not be required to make exhaustive or cont inuous inspections on the Site to check the quality or quantity of the Work.

D. RPR has the authority to reject Work if Contractor fails to perform Work in accordance with the Contract Documents.

E. RPR will render decisions regarding the requirements of the Contract Documents and judge the acceptability of the Work.

F. RPR will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedure s of construction, or the safety precautions and programs, or for any failure of Con tractor to comply with Laws and Regulations applicable to the performance of the Wo rk. RPR will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

ARTICLE 10 - CHANGES IN THE WORK

10.01 Authority to Change the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work.

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10.02 Change Orders
A. Owner and Contractor shall execute appropriate Change Orders covering:

1. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in the Work which are: (a) ordered by Owner or (b) agreed to by the parties or (c) resulting from the RPR’s decision, subject to the need for RPR’s recommendation if the change in the Work involves the design (as set fort h in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

3. Changes in the Contract Price or Contract Times or other changes which embody the substance of any final binding results under Article 12.

B. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 11- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

11.01 Differing Conditions Process
A. If Contractor believes that any subsurface or ph ysical condition including but not limited to utilities or other underground facilities that are uncovered or revealed at the Site either differs materially from that shown or indicated in the Contract Documents or is of an unusual nature, and differs materially from conditions ordi narily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents then Contractor shall, promptly after becoming aware the reof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency), notify Owner and RPR in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so.

B. After receipt of written notice, RPR will promptly:

1. Review the subsurface or physical condition in question;

2. Determine necessity for Owner obtaining addition al exploration or tests with respect to the condition;

3. Determine whether the condition falls within the differing site condition as stated herein;

4. Obtain any pertinent cost or schedule information from Contractor;

5. Prepare recommendations to Owner regarding the C ontractor’s resumption of Work in connection with the subsurface or physical conditio n in question and the need for any change in the Drawings or Specifications; and

6. Advise Owner in writing of RPR’s findings, conclusions, and recommendations.

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C. After receipt of RPR’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor regarding the subsurface or physical condition in question, addressing the resumption of Work in connection wit h such condition, indicating whether any change in the Drawings or Specifications will b e made, and adopting or rejecting RPR’s written findings, conclusions, and recommendations, in whole or in part.

ARTICLE 12 - CLAIMS AND DISPUTE RESOLUTION

12.01 Claims Process
A. The party submitting a claim shall deliver it directly to the other party to the Contract and the RPR promptly (but in no event later than 10 days) a fter the start of the event giving rise thereto.

B. The party receiving a claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the claim through the exchange of information and direct negotiations. All actions taken on a claim shall be stated in writing and submitted to the other party.

C. If efforts to resolve a claim are not successful , the party receiving the claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the claim within 45 days, the claim is deemed denied.

D. If the dispute is not resolved to the satisfacti on of the parties, Owner or Contractor shall give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction unless the Owner and Contractor both agree to an alternative dispute resolution process.

12.02 Mediation
A. Should any dispute arise out of this Contract, a ny party may request that it be submitted to mediation. The parties shall meet in mediation wit hin 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an contract, the parties shall each submit one name from mediators listed by the A merican Arbitration Association, the California State Board of Mediation and Conciliatio n, or other agreed-upon service. The mediator shall be selected by a blind draw. The co st of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in med iation and making a good faith attempt to reach a mediated settlement. The mediation process , once commenced by a meeting with the mediator, shall last until contract is reach by the parties but not more than 60 days, unless the maximum time is extended by the parties.

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

13.01 Tests and Inspections
A. Owner and RPR will have access to the Site and t he Work at reasonable times for their observation, inspection, and testing. Contractor sh all provide them proper and safe conditions for such access.

B. Contractor shall give RPR timely notice of readiness of the Work for all required inspections and tests and shall cooperate with inspection and testi ng personnel to facilitate required inspections and tests.

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C. If any Work that is to be inspected, tested, or approved is covered by Contractor without written concurrence of RPR, Contractor shall, if re quested by RPR, uncover such Work for observation. Such uncovering shall be at Contractor’s expense.

13.02 Defective Work
A. Contractor shall ensure that the Work is not defective.

B. RPR has the authority to determine whether Work is defective, and to reject defective Work.

C. Prompt notice of all defective Work of which Owner or RPR has actual knowledge will be given to Contractor.

D. The Contractor shall promptly correct all such defective Work.

E. When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. If the Work is defective or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

ARTICLE 14 - PAYMENTS TO CONTRACTOR

14.01 Progress Payments
A. The Contractor shall prepare a schedule of value s that will serve as the basis for progress payments. The schedule of values will be in a form of application for payment acceptable to RPR. The unit price breakdown submitted with the bid will be used for unit price work. Break lump sum items into units that will allow for measurement of Work in progress.

14.02 Applications for Payments:

A. Contractor shall submit an application for payme nt in a form acceptable to the RPR, no more frequently than monthly, to RPR. Applications for p ayment will be prepared and signed by Contractor. Contractor shall provide supporting doc umentation required by the Contract Documents. Payment will be paid for Work completed as of the date of the application for payment.

B. Beginning with the second application for paymen t, each application shall include an affidavit of Contractor stating that all previous progress pa yments received on account of the Work have been applied on account to discharge Contracto r’s legitimate obligations associated with prior applications for payment.

14.03 Retainage
A. The Owner shall retain 5% of each progress payment until the Work is substantially complete.

14.04 Review of Applications
A. Within 10 days after receipt of each application for payment, the RPR will either indicate in writing a recommendation for payment and present th e application for payment to Owner or return the application for payment to Contractor indicating in writing RPR’s reasons for refusing to recommend payment. The Contractor will make the necessary corrections and resubmit the application for payment.

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B. RPR will recommend reductions in payment (set-of fs) which, in the opinion of the RPR, are necessary to protect Owner from loss because the Work is defective and requires correction or replacement.

C. The Owner is entitled to impose set-offs against payment based on any claims that have been made against Owner on account of Contractor’s condu ct in the performance of the Work, incurred costs, losses, or damages on account of Contractor’s conduct in the performance of the Work, or liquidated damages that have accrued a s a result of Contractor’s failure to complete the Work.

14.05 Contractor’s Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clea r of (1) all liens and other title defects, and (2) all patent, licensing, copyright, or royalt y obligations, no later than seven days after the time of payment by Owner.

14.06 Substantial Completion
A. The Contractor shall notify Owner and RPR in wri ting that the Work is substantially complete and request the RPR issue a certificate of substantial completion when Contractor considers the Work ready for its intended use. Contractor shall at the same time submit to Owner and RPR an initial draft of punch list items to be completed or corrected before final payment.

B. RPR will make an inspection of the Work with the Owner and Contractor to determine the status of completion. If RPR does not consider the Work substantially complete, RPR will notify Contractor and Owner in writing giving the reasons therefor.

C. If RPR considers the Work substantially complete or upon resolution of all reasons for non- issuance of a certificate identified in 14.06.B, RP R will deliver to Owner a certificate of substantial completion which shall fix the date of substantial completion and include a punch list of items to be completed or corrected before final payment.

14.07 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete, RPR will promptly make a final inspection with Owner and Contractor and wi ll notify Contractor in writing of all particulars in which this inspection reveals that t he Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

14.08 Final Payment
A. Contractor may make application for final paymen t after Contractor has satisfactorily completed all Work defined in the Contract, includi ng providing all maintenance and operating instructions, schedules, guarantees, bond s, certificates or other evidence of insurance, certificates of inspection, annotated record documents and other documents.

B. The final application for payment shall be accompanied (except as previously delivered) by:

1. All documentation called for in the Contract Documents;

2. Consent of the surety to final payment;

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3. Satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any liens or other title defects, or will so pass upon final payment;

4. A list of all disputes that Contractor believes are unsettled; and

5. Complete and legally effective releases or waivers (satisfactory to Owner) of all lien rights arising out of the Work, and of liens filed in connection with the Work.

C. The Work is complete (subject to surviving oblig ations) when it is ready for final payment as established by the RPR’s written recommendation of final payment.

14.09 Waiver of Claims
A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor.

B. The acceptance of final payment by Contractor wi ll constitute a waiver by Contractor of all claims and rights against Owner other than those pe nding matters that have been duly submitted.

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 60 consecutive days by writ ten notice to Contractor and RPR. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension.

15.02 Owner May Terminate for Cause
A. Contractor’s failure to perform the Work in accordance with the Contract Documents or other failure to comply with a material term of the Contract Documents will constitute a default by Contractor and justify termination for cause.

B. If Contractor defaults in its obligations, then after giving Contractor and any surety ten days written notice that Owner is considering a declarat ion that Contractor is in default and termination of the Contract, Owner may proceed to:

1. Declare Contractor to be in default, and give Co ntractor and any surety notice that the Contract is terminated; and

2. Enforce the rights available to Owner under any applicable performance bond.

C. Owner may not proceed with termination of the Co ntract under Paragraph 15.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

D. Subject to the terms and operation of any applic able performance bond, if Owner has terminated the Contract for cause, Owner may exclud e Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but whi ch are stored elsewhere, and complete the Work as Owner may deem expedient.

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E. In the case of a termination for cause, if the cost to complete the Work, including related claims, costs, losses, and damages, exceeds the unpaid cont ract balance, Contractor shall pay the difference to Owner.

15.03 Owner May Terminate for Convenience
A. Upon seven days written notice to Contractor, Ow ner may, without cause and without prejudice to any other right or remedy of Owner, te rminate the Contract. In such case, Contractor shall be paid for, without duplication of any items:

1. Completed and acceptable Work executed in accord ance with the Contract Documents prior to the effective date of termination, includi ng fair and reasonable sums for overhead and profit on such Work;

2. Expenses sustained prior to the effective date o f termination in performing services and furnishing labor, materials, or equipment as requir ed by the Contract Documents in connection with uncompleted Work, plus fair and rea sonable sums for overhead and profit on such expenses; and

3. Other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination.

ARTICLE 16 - CONTRACTOR’S REPRESENTATIONS

16.01 Contractor Representations
A. Contractor makes the following representations when entering into this Contract:

1. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

2. Contractor has visited the Site, conducted a tho rough visual examination of the Site and adjacent areas, and become familiar with and is sat isfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site- related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on:
a. The cost, progress, and performance of the Work;
b. The means, methods, techniques, sequences, and p rocedures of construction to be employed by Contractor; and
c. Contractor’s safety precautions and programs.

5. Based on the information and observations referr ed to in the preceding paragraph, Contract or agrees that no further examinations, in vestigations, explorations, tests,

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studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with t he other terms and conditions of the Contract.

6. Contractor is aware of the general nature of wor k to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

7. Contractor has given RPR written notice of all c onflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by RPR is acceptable to Contractor.

8. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

9. Contractor’s entry into this Contract constitute s an incontrovertible representation by Contractor that, without exception, all prices in t he Contract are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 17 - MISCELLANEOUS

17.01 Cumulative Remedies
A. The duties and obligations imposed by this Contr act and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by spe cial warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connectio n with each particular duty, obligation, right, and remedy to which they apply.

17.02 Limitation of Damages
A. Neither Owner, RPR, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

17.03 No Waiver
A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

17.04 Survival of Obligations
A. All representations, indemnifications, warrantie s, and guarantees made in, required by, or given in accordance with the Contract, as well as a ll continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

17.05 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract.

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17.06 Controlling Law and Venue
A. This Contract is to be governed by the law of th e state of California and, in the event of litigation, venue will be in the County of San Mateo.

17.07 Notices
A. All notices shall be in writing, and delivered in person, or transmitted by certified mail, postage prepaid. Notices required to be given to Owner or Contractor shall be addressed as appears in the signature block at the end of this Contract.

17.08 No Partnership or Agency
A. Nothing in this Contract nor in the contract doc uments shall be deemed to constitute a partnership in law between Owner and Contractor, or any subcontractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.

17.09 Severability
A. If any part or provision of the contract documen ts is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void, the parties would not have entered into the contract documents. The parties shall use all reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention.

17.10 Waiver
A. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the Owner, or any r ight to damages herein provided: 1) inspection by the Owner or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acc eptance of the whole or any party of the work by the Owner; 3) an extension of time; or 4) a ny position taken by the Owner or its authorized agents or representatives.

17.11 Warranty
A. Contractor warrants and guarantees that the mate rials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity,, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.

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IN WITNESS WHEREOF, Owner and Contractor have signed this Contract.

This Contract will be effective on __________________ (which is the Effective Date of the Contract).

OWNER: CONTRACTOR:

By: Azalea Mitch By: Jim Troup
Title: Director of Public Works Title: President

Address for giving notices: Address for giving not ices:
330 West 20
th Avenue Monterey Mechanical Co.

San Mateo, CA 94403 8275 San Leandro Street.

Oakland, Ca 94621
License No.: 388361

APPROVED AS TO FORM

Linh Nguyen
Assistant City Attorney

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EXHIBIT A
CONTRACTOR’S BID

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EXHIBIT B

INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS
ARTICLE 1 - MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall procure and maintain for the duration of the contract, and for three (3) years thereafter , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work here under by the Contractor, his agents, representatives, employees, or subcontractors.

Coverage shall be at least as broad as:

Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and co mpleted operations, property damage, bodily injury and personal & advertising injury wit h limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability : Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Builder’s Risk (Course of Construction) insurance utilizing an “A ll Risk” (Special Perils) coverage form, with limits equal to the completed value of t he Contract and no coinsurance penalty provisions.

Surety Bonds as described below.

Professional Liability (if Design/Build), with limits no less than $2,000, 000 per occurrence or claim, and $2,000,000 policy aggregate.

Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if work on this Contract involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. 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 mu st be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its o fficers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim adminis tration, and defense expenses. The policy

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language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City and the Estero Municipal Improvement District, their officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or o n behalf of the Contractor including materials, parts, or equipment furnished in connect ion with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of a n endorsement to the Contractor’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).

For any claims related to this Contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City and the Estero Municipal Improvement District, its officers, offic ials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City and the Estero Municipal Improvements District as a loss payees as their interest may appear.

If the Contract does not involve new or major recon struction, at the option of the City, an Installation Floater may be acceptable. For such contract, a Property Installation Floater shall be obtained that provides for the improvement, remo del, modification, alteration, conversion or adjustment to existing buildings, str uctures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment dam aged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City and Estero Municipal Improvement District’s site.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

The retroactive date must be shown, and this date must be before the execution date of the contract.

Insurance must be maintained, and evidence of insur ance must be provided, for at least three (3) years after completion of the Contract.

If coverage is cancelled or non-renewed, and not re placed with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of three (3) years after completion of the Contract.

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A copy of the claims reporting requirements must be submitted to the City for review.

If the services involve lead-based paint or asbesto s identification/remediation, the Contractors Pollution Liability policy shall not co ntain lead-based paint or asbestos exclusions. If the services involve mold identifica tion/remediation, the Contractors Pollution Liability policy 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, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subroga tion which any insurer of Contractor may acquire from Contractor by virtue of the payment of any lo ss. Contractor agrees to obtain any endorsement that may be necessary to affect thi s waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City and the Estero Municipal Improvements District for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Cer tificates of Insurance including all required amendatory endorsements (or copies of the applicabl e policy language effecting coverage required by this clause) and a copy of the Declarat ions and Endorsement Page of the CGL policy listing all policy endorsements to City befo re work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endor sements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcon tractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL cov erage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Surety Bonds.

Contractor shall provide the following Surety Bonds:

Performance Bond
Payment Bond
Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authori zed to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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Special Risks or Circumstances.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-4661 File ID: 23-7265 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 03, 2023
SUBJECT:

US-101 Express Lanes – License Agreement
RECOMMENDATION:

Approve a license agreement with San Mateo County Express Lanes Joint Powers Authority for US-101 Express Lane Project for the construction, maintenance, and operation of tolling equipment within the public right-of-way; and authorize the Public Works Director to execute the agreement in substantially the form presented.

BACKGROUND:

The US-101 Express Lanes project (Project) consists of 22 miles of express lanes from I-380 in South San Francisco to the San Mateo County/Santa Clary County line. Constructed by the California Department of Transportation (Caltrans), the management and operation of the Project is governed by the San Mateo County Express Lanes Joint Powers Authority (SMCEL-JPA). The SMCEL-JPA is a six-member joint powers authority consisting of three San Mateo County Transportation Authority (SMCTA) Board members and three City/County Association of Governments of San Mateo County (C/CAG) Board members.

One of the key goals of the Project is to reduce vehicle travel times by enabling higher vehicle speeds in designated lanes.

The benefits include reduced congestion, encouragement of transit use and carpooling, increased person throughput, and improved reliability for express lane users. The Project relies on modern technology components for the management of traffic and the setting of tolls.

The SMCEL-JPA is seeking a license agreement with the City to for the continued use of tolling equipment and facilities within the City’s Right-of-Way (ROW) in various locations in the City as part of the Project. The approximate location of the facilities is shown in Attachment 1 – Property and Facilities Locations. This license agreement allows the tolling equipment facilities to be maintained in the City’s ROW and notes that the SMCEL-JPA will be the owners and entirely responsible for the installation and maintenance of the facilities. The facilities have already been installed as part of an encroachment permit issued to Caltrans. If approved, the license agreement would take effect upon final approval of the encroachment permit. The tolling equipment and facilities as installed are shown in Exhibit A – Property and Facilities Locations of Attachment 1. Based on the above, staff recommends approval of a license agreement to SMCEL-JPA.

BUDGET IMPACT:

Approving the license agreement will have no fiscal impact on the City.

ENVIRONMENTAL DETERMINATION:

This license 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).)

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CITY OF SAN MATEO
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NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – License Agreement

STAFF CONTACT
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323

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LICENSE AGREEMENT

This LICENSE AGREEMENT (“License” or “Agreement”), made and entered into this day of 2023, by and between the City of San Mateo, California, a municipal corporation (“City” or “Licensor”) and the San Mateo County Express Lanes Joint Powers Authority (“Licensee”). Licensor and Licensee may be referred to herein collectively as “the Parties.”

RECITALS

A. Whereas, the City owns or controls certain parcels, easements or public right-of-way situated in the City of San Mateo, California, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the “Property”).

B. Whereas, Licensee seeks to install certain “Facilities,” as defined in Section 1 - License, for the long-term operation of the San Mateo County Express Lanes Project on the portions of the City’s Property, as more particularly shown in Exhibit A (the “Premises”).

C. Whereas, as consideration in lieu of a license fee, City has determined the installation of the Facilities to support the San Mateo County Express Lanes Project is beneficial to its citizens and the general public.

D. Whereas, the City is agreeable to the grant of this Licensee for access and use of the Property for the purpose of installing the Facilities on the Premises subject to the terms and conditions of this License including Licensee’s obligation to maintain the Facilities.

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledge, the parties agree as follows:

1. License. Licensor hereby grants to Licensee and its employees, representatives a personal, revocable license ("License") to enter upon the Property to use the Premises to construct, install, operate, maintain, repair, replace, and remove equipment as necessary for the operation of the San Mateo County Express Lanes Project, and as more particularly described in Exhibit A. "Facilities” shall mean infrastructure owned by the San Mateo County Express Lane Joint Powers Authority (SMCEL-JPA) used for tolling purposes.

Infrastructure may include but are not limited to service enclosures, transformers, photoelectric unit, and apparatuses supporting these devices, as installed in the City of San Mateo right-of-way in proximity to the following APNs; 107220020, 035087280, 035066440, 033323270, 033136070, 033171140, 033191050, 033073250, 033052060, 0292350020, 029350020, 040411999 and as further detailed and described in Exhibit A.

Licensee, along with its employees, representatives, consultants, contractors, volunteers and/or other persons under its control retained in connection with the construction, installation, operation, maintenance, repair, replacement, and removal of equipment as necessary for the operation of the San Mateo County Express Lanes Project, shall be permitted to use this License unless otherwise prohibited by Licensor. This Agreement grants Licensee a license only and notwithstanding anything to the contrary herein, this License does not constitute a grant by City of any ownership, leasehold, easement or other

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property interest or estate whatsoever in the Property, or any portion thereof. Nothing in this Agreement shall be construed as granting or creating any franchise rights pursuant to any federal, state or local laws.

This License is nonexclusive and nonpossessory. Licensee must allow access to the License Area by Licensor and other parties who may be granted access by Licensor. Licensee must coordinate its activities as to not interfere with Licensor’s use of the Property.

2. Use. Licensee shall use the Premises solely for purposes of the operation of the San Mateo County Express Lanes Project and will not use it for any other purpose whatsoever without an amendment to this License pursuant to Paragraph 18. Unless specifically provided otherwise herein, the Licensee shall have no right to locate any other surface installation or to install fencing on any part of the Premises.

3. Assumption of the Risk / Waiver of Claims. Licensee accepts the Premises in its existing condition, and without limiting such agreement, Licensee on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges Licensor from any and all claims, whether direct or indirect, known or unknown, foreseen and unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the Premises and any related improvements or any law or regulation applicable thereto or the suitability of the Premises for Licensee’s intended use.

4. Term and Termination. The term of this License shall commence upon final approval of the encroachment permit for the work covered by the License and last until this License is terminated. This License may be terminated by mutual consent of the Parties, or for any reason by Licensor upon 90 days written notice. Licensor may terminate this License in the event of Licensee’s default of any License provisions and failure to cure within 60 days of written notice provided pursuant to Paragraph 26 of this License.

5. Installation and Conformity with Approved Plans and Specifications. At its own expense, Licensee shall design, install and construct the Facilities of such material, and in a manner that will not at any time be a source of danger to, or interfere with the City’s present or future use of the Premises, including but not limited to, use of the Premises as public right- of-way, or the use of the Premises by any utility presently franchised, licensed, or approved by the City with installations in place at the time this License is entered into. If prior to installation, Licensor determines that the Licensee’s proposed installation will interfere with existing or proposed City installations or any existing underground installations that predate this License, then Licensee shall at its sole expense redesign the Facilities to eliminate the interference as described by Licensor.

The Facilities shall be constructed, installed, and maintained in conformity with the Licensor-approved plans and specifications, which are incorporated and hereby approved by reference. The Parties agree that the presentation of plans and specifications of the Facilities shall be a discretionary approval of the plan or design by the Licensee and a determination by Licensee that such plans or design are reasonable, and that the approval of the plans and specifications shall be a discretionary approval of the plan or design by the Licensor and a determination by Licensor that the plans and designs are reasonable. Before performing any construction, Licensee or its contractors shall be solely responsible for obtaining all permits

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and insurance required by Licensor for work within the right-of-way and will pay all fees and reimburse Licensor for all reasonable and necessary costs incurred in inspecting and supervising the work performed.

After installation of the Facilities, Licensee shall back-fill, compact, repair and repave all resulting trenches, curbs, gutters and pavement to the satisfaction of the Licensor, in accordance with Licensor’s standard designs and specifications.

If, in the sole judgment of Licensor, Licensee at any time fails to perform its obligations under this section, Licensor, at its option, may perform whatever work it deems necessary for the public safety, health and welfare, and Licensee shall reimburse Licensor within thirty (30) days after Licensor invoices Licensee for the actual cost to Licensor of performing such work. However, Licensor is not required to perform such work, and any failure by Licensor to perform Licensee’s obligations shall not release Licensee from liability for any loss or damage caused by Licensee’s failure to perform its obligations.

Installation and maintenance of the Facilities shall be accomplished in a manner which will not unreasonably impede Licensor’s access to the Premises or impede its use for operation and maintenance of infrastructure, as determined by Licensor. The timing and manner of such construction, maintenance, and removal shall be done in compliance with the Licensor’s requirements.

If the Facilities or any part thereof creates an emergency condition, and Licensor determines that the situation makes it unreasonable to notify Licensee or await action by Licensee, Licensor may take whatever actions it deems necessary to remedy the emergency situation at the sole expense of Licensee and Licensee will reimburse the Licensor within thirty (30) days after the Licensor invoices Licensee for its actual cost of performing such work.

6. Liens and Claims. Licensee will not permit any mechanics', material suppliers’, or other similar liens, claims, or stop notices to stand against the Property for labor, material, or services furnished in connection with any activities by Licensee under this Agreement. If any mechanics', material suppliers’, or other similar lien is filed against the Property, or any stop notice is served, for work or labor performed or claimed to have been performed, or goods, materials or services furnished or, claimed to have been furnished upon or with respect to the Property at any time during the use of the Property, then unless Licensee elects to contest such lien or stop notice in accordance with the provisions of this section, Licensee shall discharge or cause the discharge of such lien or stop notice within thirty (30) days thereafter whether by payment, release, or posting of a bond or other similar assurance in the amount of one hundred twenty-five percent (125%) of the face amount of any such lien or stop notice. If such lien or stop notice is discharged other than by recorded full release and satisfaction (e.g., by bond), the same must be reasonably satisfactory in form and substance to Licensor. Licensee, at its sole cost and expense, may contest by appropriate legal proceedings, promptly initiated and diligently conducted in good faith, the amount, validity or application in whole or in part of any lien if the effect of such contest or proceedings completely stays any enforcement of the lien or stop notice; provided that (a) Licensee shall indemnify Licensor and defend and hold Licensor harmless from and against all liability, costs, claims, damages, interest penalties and expense in connection with or arising out of

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such contest, and (b) Licensee shall prosecute such contest in good faith and with due diligence to a final determination.

7. Removal. If operation of the San Mateo County Express Lanes ends and the Facilities will no longer be used, Licensee agrees to remove the Facilities within one (1) year after the operation’s termination.

If Licensee fails to vacate the Premises in accordance with this Agreement, in addition to any remedies available at law, including, without limitation, direct (actual) damages resulting from Licensee's failure to vacate the Premises as required hereunder, Licensor shall be entitled to specific performance of Licensee’s obligation to vacate the Premises at the time and in the manner set forth herein.

8. As-Builts. Upon completion of the construction and installation of the Facilities, the Licensee shall promptly provide Licensor with one set of reproducible as-built, record drawings, reflecting construction and installation as actually accomplished.

9. Location Markers and Marking. As deemed necessary by Licensor, Licensee shall furnish, install, and place signs to give notice and location of the Facilities. Licensee shall install permanent markers situated so as not to impede use of the Premises by the City, members of the public or currently franchised, licensed, or approved utilities on each side of the public right-of-way where the Facilities cross the right-of-way. The permanent markers placed inside the Facilities shall indicate the location of the Facilities, the name and address of Licensee, and a telephone contact number for information regarding the Facilities. Licensee shall conduct periodic inspections of the markers to ensure that such markers are legible and in place as required herein. Licensee shall provide access to the Facilities whenever requested to do so by Licensor, any franchised, licensed or approved utility, and any licensed contractor excavating near the Facilities.

10. Indemnity. Licensee agrees to indemnify and hold harmless the City and its elected and appointed officials, agents and employees from any claims, demands, actions, suits, judgments, losses, damages, civil penalties, fines or other proceedings, including attorney’s fees (collectively “Claims”), incurred as a result of personal injury or property damage caused by the acts or omissions of Licensee, its employees, agents, representatives, contractors or subcontractors or arising from the failure of the Licensee, its employees, agents, representatives, contractors or subcontractors to perform any act or duty required of the Licensee herein. This indemnity is not applicable to the extent any Claims result from the sole negligence or willful misconduct of Licensor, its employees, agents, representatives, authorized contractors, successors or assigns.

Neither Licensee nor its employees, agents, representatives, contractors or subcontractors shall have any obligation under this indemnity with respect to any Pre-Existing Environmental Condition. "Pre-Existing Environmental Condition" means the presence, emission, disposal, discharge or release of any hazardous material at, in, on, under or about the Property, however caused, existing at the commencement of this License, whether the nature and extent of such contamination is known or unknown at the time. However, Licensee shall indemnify Licensor against any claims, demands, actions, suits, judgments, losses, damages, civil penalties, or fines proximately caused in whole or in part by any

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activities by Licensee, its agents, or subcontractor(s) which exacerbates any Pre-Existing Environmental Condition including the release of any hazardous materials as a result of Licensee’s use of the Premises. “Exacerbate” for purposes of this section means to make any Pre-Existing Environmental Condition worse by causing damages that would not have occurred but for Licensee’s use of the Premises.

11. Insurance. During the Term of this License, Licensee shall obtain and maintain the insurance set forth in Exhibit B to this Agreement.

12. Premises Damage. Licensee shall repair or pay for all actual damages to the Premises, caused by Licensee’s activities.

13. Interference. Whenever, after Licensee installs the Facilities, Licensor determines that the Facilities are not located as indicated on as-built plans provided to Licensor by the Licensee, and the Facilities interfere with Licensor’s use of the Premises, Licensee shall immediately relocate the Facilities to another location approved in advance by Licensor, at Licensee’s sole expense, restoring the surface to its prior condition.

If the Facilities are at the location indicated on the as-built plans provided to Licensor by Licensee and the Facilities interfere with Licensor’s use of the Premises, Licensor will provide written notice to Licensee that relocation of the Facilities is required and the Licensee shall relocate the Facilities within ninety (90) days of notice to the new location as approved in advance by Licensor, at Licensee’s sole expense, restoring the surface to its prior condition.

14. Interference with Utility. Whenever, after Licensee installs the Facilities, Licensor determines that the Facilities are not located as indicated on as-built plans provided to Licensor by Licensee, the Facilities interfere with the reasonable use of the Premises by a utility holding a franchise, license, or approval issued prior to execution of this License, Licensee shall immediately relocate the facility to a location approved in advance by Licensor. None of the related costs shall be paid by Licensor.

If the Facility is at the location indicated on the as-built plans provided to the City by the Licensee and it is alleged by a utility franchised, licensed, or approved by the City prior to the execution of this License that the Facility interferes with the previously-franchised utility’s use of the City’s Property, the Licensee shall make a good faith effort to negotiate with the previously-franchised, licensed, or approved utility to resolve any conflict. None of the related costs shall be paid by the City. The Licensee and the previously franchised, licensed, or approved utility shall determine between themselves who will pay the cost of relocation and restoration of the surface. [first in time, first in right]

15. Installation by Third-Party. Unless required by a pre-existing agreement, state or federal law, applicable government regulation, or order from a court of competent jurisdiction, Licensor shall not voluntarily permit, authorize or approve any installation or construction by a third party that would deprive Licensee of, or unreasonably interfere with Licensee’s use and enjoyment of, the Premises during the term of the License. If any road, street, sidewalk, passageway, fire alarm, electric light or power line, waterline, storm drain, sanitary sewer line, gas line, telephone pole, telephone line or other utility, appurtenances or

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facility is placed along or across the Facilities by any entity other than Licensor, and the construction requires the Licensee to relocate the Facilities, then that entity and the Licensee shall determine between themselves who will pay the cost of relocation and the restoration of the surface. None of the related costs shall be paid by Licensor.

16. Waiver. The waiver by either party of any breach or violation of any term, covenant, or condition of this License shall not be deemed a waiver of such term, covenant, condition, ordinance, or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law.

17. Mediation. Should any dispute arise out of this License, either party may request that it be submitted to mediation. The Parties shall meet in mediation within 30 days of a request.

The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the Parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the Parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than 60 days, unless the maximum time is extended by the Parties.

In the event of a legal action, the prevailing party in any dispute under this License shall be paid all of its costs and expenses including, without limitation, reasonable attorney’s fees incurred in connection with enforcement of either party’s performance of all of its obligations under this License.

18. Entire Agreement. This License contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith.

This License shall not be amended or modified in any way except in writing, executed by the duly authorized representative of each of the Parties. The rights and remedies of the Parties shall be solely and exclusively those herein contained and in lieu of any remedies otherwise available at law or in equity.

19. Counterparts. This License may be executed by facsimile or other electronic means (Docusign, PDF format, etc.) in any number of counterparts, each of which is an original, but all of which shall constitute one instrument.

20. Binding Effect and Authority. This License is binding upon and inures to the benefit of the successors and/or assigns of the parties. Each individual executing this License on behalf of a party entity represents and warrants that he or she is duly authorized to execute this License on behalf of that party.

21. Compliance with Laws. Licensee, employees, representatives, consultants, contractors, volunteers and/or other persons shall comply with all federal, state, and local laws, ordinances, regulations, rules, and directives any governmental agencies with jurisdiction over the Premises and will not discriminate illegally against any person.

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22. Venue and Governing Law. This License is governed by and construed and enforced in accordance with the laws of the State of California. In the event of litigation, venue will be in the County of San Mateo.

23. Construction and Severability. If any part of this License is held to be invalid or unenforceable, the remainder of this License will remain valid and enforceable if the remainder of the License is reasonably capable of completion.

24. Assignment. This License may not be assigned by either party without the prior written consent of the other, which shall not be unreasonable withheld, conditioned, or delayed.

This License shall be binding upon and inure to the benefit of each party’s respective successors and permitted assigns.

25. Approvals. Each of the Parties hereby represents and warrants that its execution of this Agreement has been duly authorized by all necessary action(s) and constitutes a valid and binding obligation of said party.

26. Notice. For purposes of giving formal written notice to the Licensee, the Licensee’s address is:

San Mateo County Express Lanes Joint Powers Authority
555 County Center, 5th Floor
Redwood City, CA 94063

For purposes of giving formal, written notice to Licensor, Licensor’s address is:

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

Written notice must be made either personally or by regular United States Mail. If the notice is mailed, the notice will be complete when deposited in the United States Mail, postage paid, and addressed as required in this section. Notice of change of address will be given in the same manner as required by this Section.

[SIGNATURES TO FOLLOW ON NEXT PAGE]

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IN WITNESS WHEREOF, this License Agreement is executed by the undersigned Parties. The Parties hereto further certify that the persons signing this License Agreement is duly authorized to do so.

LICENSEE, San Mateo County Express Lanes Joint Powers Authority

By: (Signature) Dated:

Name:

Title:

LICENSOR, City of San Mateo

By: (Signature) Dated:

Drew Corbett, City Manager
City of San Mateo

Approved as to form:

(Signature) Dated:

Timothy Fox, Legal Counsel
San Mateo County Express Lanes Joint Powers Authority

(Signature) Dated:

Linh P. Nguyen, Assistant City Attorney
City of San Mateo

EXHIBITS

Exhibit A – Property and Facilities Location
Exhibit B – Insurance Requirement

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EXHIBIT A

Property and Facility Location

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ENCLOSURE ,NO. T1
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N BAYSHORE Ave
Tolling Equipment within
City of San Mateo
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TOLLING ITEM #17: FOUNDATION PAD FOR MODEL 332L CABINET FOR UNINTERRUPTIBLE POWER SUPPLY TOLLING ITEM #16: FOUNDATION PAD FOR MODEL 332L CABINET FOR ELECTRONIC TOLL SYSTEM 2 3
NB ROUTE 101
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Sheet 9 of 15

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TOLLING ITEM #19:

FOUNDATION PAD FOR MODEL 332L CABINET

FOR UNINTERRUPTIBLE POWER SUPPLY
TOLLING ITEM #18:

FOUNDATION PAD FOR MODEL 332L CABINET

FOR ELECTRONIC TOLL SYSTEM
8 Tolling Equipment within
City of San Mateo
From Station 935+50 to 936+50
N AMPHLETT Blvd
SB ROUTE 101
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SB ROUTE 101
NB ROUTE 101
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From Station 963+00 to 966+00
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EXHIBIT B

Insurance Requirements
Licensee, at its own cost and expense, will maintain the following insurance coverages once toll equipment is installed and owned by the Licensee, at Licensee's own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and with AM Best ratings of at least A-VII or better. The insurance shall at a minimum include:

A. General Liability, Worker’s Compensation

1. Commercial General Liability insurance, shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, Bodily Injury, Broad Form Property Damage, and liability assumed under an insured contract [(including the tort liability of another assumed in a business contract)].

(a) Coverage afforded on behalf of the Licensor shall be primary insurance and any other insurance available to the Licensor under any other policies shall be excess insurance (over the insurance required by this Agreement). (b) Limits of liability: Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence.
(a) If the policy is a "claim made" type policy, the following should be included as endorsements:
(i) The retroactive date shall be the effective date of this Agreement or a prior date.

(ii) The extended reporting or discovery period shall not be l e s s than thirty-six (36) months.

2. Worker's Compensation insurance as required by the laws of the State of California. Statutory coverage may include Employers Liability coverage with limits not less than $1,000,000. Licensee certifies that he/she is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake self-• insurance in accordance with the provisions of that Code. Licensee shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code.

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B. Terms Conditions and Endorsements

The aforementioned insurance shall have all the following conditions:

1. 1. Insured Status (Additional Insured): Licensee shall provide insured status using ISO endorsement CG 20 I O or its equivalent naming the Licensor City of San Mateo, its Councilmembers, directors, officers, agents and employees as insureds in its Comprehensive Commercial General Liability policy. If Licensee submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on a CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL INSURED STATUS ON THE

ACORD INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BE REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and

2. Cancellation Notice: 30-day prior written notice of termination in coverage and 10-day prior written notice of cancellation for non-payment;

3. Cross-liability coverage as provided under standard ISO forms' separation of insureds clause; and

4. Certificate holder is to be the same person and address as indicated in the "Notices" section of this Agreement; and

5. Insurer shall carry an insurance from an admitted company with a Best Rating f A- minus VII or better.

C. Replacement of Coverage

In the case of the breach of any of the insurance provisions of this Agreement, Licensor may, at the Licensor's option, take out and maintain at the expense of Licensee, such insurance in the name of Licensee as is required pursuant to this Agreement, and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Licensee under this Agreement.

D. Insurance Interpretation

All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement.

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E. Proof of Insurance

Licensee will be required to provide proof of all insurance required for the work prior to execution of the contract. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute ground for rescission of the contract award.

F. Subcontractors / Assignment
Should Licensee subcontract or otherwise assign/delegate the operation of the San Mateo County Express Lanes Project required under this Agreement to any other party, it shall include all subcontractors/assignees/delegees as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor/assignee/delegee. As an alternative, License may require all subcontractors/assignees/delegees to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both Licensor and Licensee shall be named as additional insured under the subcontractor's/assignee’s/delegee’s General Liability and Workers’ Compensation policies. All coverages for subcontractors/assignees/delegees shall be subject to all the requirements stated herein. Licensor reserves the right to perform an insurance audit during the term of this Agreement to verify compliance with requirements.

G. Deductibles and Self-Insured Retentions

Any deductible or self-insured retentions must be declared to and approved by Licensor.

At the option of Licensor, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects Licensor, its elected and appointed officials, employees, and agents, or the Licensee shall provide a financial guarantee satisfactory to Licensor guaranteeing payment of losses and related investigations, claim administration and defense expenses.

H. Waiver of Subrogation

Licensee waives all rights against Licensor and its elected and appointed officials, employees, and agents, for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above.

I. Evaluation of Adequacy of Coverage

Licensor maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) calendar days prior written notice.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 23-7289 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 03, 2023
SUBJECT:

Underground Flow Equalization System Temporary Construction Access – Amendment RECOMMENDATION:

Approve an amendment to the agreement with the County of San Mateo for the Acquisition and Conveyance of Property Rights in Support of City of San Mateo’s Underground Flow Equalization System Project in the amount of $328,760 in order to complete construction of the project at the San Mateo County Event Center; and authorize the City Manager to execute the amendment in substantially the form presented.

BACKGROUND:

The Clean Water Program includes improvements to the City’s sanitary sewer system to prevent sanitary sewer overflows.

The Basins 2 and 3 Collection Systems Improvements project consists of upgrades to the sanitary sewer infrastructure that increase its capacity for the management of wet weather flow. The Underground Flow Equalization System (UFES) is part of the Basins 2 and 3 effort and involves the construction of an underground wastewater holding facility on the San Mateo County Event Center property that increases the capacity of the City’s sewer system and is designed to prevent sanitary sewer overflows.

In January 2020, the City and the County of San Mateo (County) entered into an agreement (Agreement) whereby the City purchased a permanent easement from the County for the City’s underground wastewater holding facility at the County Event Center. The Agreement included a permit granted to the City allowing its temporary use of certain designated areas within the boundaries of the San Mateo County Event Center for temporary access to the UFES construction site that is apart from the permanent easement. These three designated areas are included as an exhibit to the attached amendment.

The City paid $2,308,000 in exchange for temporary use of the designated areas for a term beginning April 13, 2020 and terminating April 13, 2023, with the provision that the City may request, in writing, an extension of six months at a cost calculated pro-rata on a weekly basis.

The UFES Contractor (Contractor) expects continued need for Permit Area 1 (33,120 sq. ft.) for equipment and material staging necessary for completing construction through the end of November 2023. Use of Permit Area 1 needs to be extended. Permit Area 2 (7,717 sq. ft.) was for the tie-back installation to support the shoring wall, which is finished, and can be released at the expiration of the original permit.

Permit Area 3 (43,949 sq. ft.) is a haul route and use of the area needs to be extended. On October 21, 2019, the City Council adopted a resolution that established Conditions of Approval for the UFES project. Conditions of Approval #35 and #36 (Attachment 2) stipulate that the City will provide a haul route to and from Delaware Street during construction of the project to limit heavy construction traffic from routing along Saratoga Drive. The Contractor needs Permit Area 3 to maintain this haul route access to and from Delaware Street for concrete deliveries to construct the roof deck, equipment for construction support, haul backfill material for the tank, worker parking, and to restore the road after use. Use of the

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CITY OF SAN MATEO
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haul route and surface restoration is projected to be complete by mid-August 2023. After mid-August, the construction activities that require heavy construction traffic are scheduled to be complete and the main work site could then be accessed from Saratoga Drive.

The initial April 13, 2023 termination date for the permit areas was predicated on the original advertisement and construction contract award schedule, followed by a best-case completion of the work. The construction contract award was delayed by one month to reject all bids and pursue a value-engineered and negotiated contract. After construction contract execution, the initial start of construction was delayed about two-and-a-half months due to COVID impacts on steel suppliers and a conflict with the AT&T on-site antenna power supply. Steel was essential to the first major step in construction: installation of the shoring. Weather delays and other Contractor schedule slippages have also extended the anticipated completion of the construction.

Although the Agreement is directly between the County and City, the San Mateo County Exposition & Fair Associate Board of Directors, during their February 22, 2023 Board meeting, unanimously voted to recommend the County of San Mateo Board of Supervisors approve the extension. City staff have coordinated with the County’s Real Property Manager’s office to facilitate the County Board of Supervisors’ approval of the Amendment at their April 11, 2023 board meeting.

The Amendment extends the use of Permit Areas 1 and 3 to dates as noted above. The cost for an extension of the permit area for the requested time is approximately $328,760 (Amendment Attachment 1 - Permit Extension Cost Calculation).

Based on the continuing need for temporary access to the designated areas to support construction of the UFES, staff recommends approval of the Amendment.

BUDGET IMPACT:

The Basins 2 & 3 Collection System Improvements project (46s003) has sufficient budget to cover this expense.

ENVIRONMENTAL DETERMINATION:

The work addressed by this agenda report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment
Att 2 – Excerpt of “City of San Mateo Planning Application, Conditions of Approval, PA-2018-010 Underground Flow Equalization System” showing Conditions of Approval #35 and #36 Att 3 - San Mateo County Exposition & Fair Association Board of Directors’ Meeting – February 22, 2023, Excerpt from Minutes

STAFF CONTACT
Tom Williams, Senior Engineer
[email protected]
(650) 522-7307
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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1 of 3
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE COUNTY OF SAN MATEO

AND THE CITY OF SAN MATEO FOR THE ACQUISITION AND CONVEYANCE OF

PROPERTY RIGHTS IN SUPPORT OF CITY OF SAN MATEO'S UNDERGROUND FLOW

EQUALIZATION SYSTEM PROJECT
Th
is Amendment No. 1 to the Agreement between the County of San Mateo and the City of San Mateo for the Acquisition and Conveyance of Property Rights in Support of City of San Mateo’s Underground Flow Equalization System Project is entered into on __________, 2023, between the City of San Mateo, a municipal corporation ("City"), and the County of San Mateo, a political subdivision of the State of California ("County"). The parties hereto shall be referred to individually as a "Party" and collectively as the "Parties."
R E C
I T A L S:

WHEREAS, City is undertaking a project referred to as the "Underground Flow Equalization System" project (the "Project") that involves the construction of an underground wastewater holding structure and related facilities to increase the capacity of the City's sewer system and prevent sanitary sewer overflows;
W
HEREAS, County owns certain real property situated in the County of San Mateo, State of California, at 2495 South Delaware Street, (APN:040-030-220) (the "Property"), on which the San Mateo County Event Center ("Event Center") operates an active fairgrounds and events facility; W
HEREAS, an Agreement between the County and City for the acquisition and conveyance of property rights in support of the City’s Project was entered into on December 20, 2019 ("Agreement"), whereby County granted, and City purchased, an easement for the construction, operation, and maintenance of a below-ground wastewater holding structure and related surface and sub-surface appurtenances on the Property, as more particularly identified and described herein; W
HEREAS, the Agreement granted the City certain temporary rights to use identified portions of the Property for temporary access, construction, staging, and other approved activities necessary for the Project (“Permit”) and as more particularly described in the Agreement’s Exhibit B - Permit Terms and Conditions, incorporated herein by reference;
W
HEREAS, the Permit allowed the City temporary use of certain portions of the Property (“Premises”) commencing April 13, 2020 and terminating April 13, 2023, with an option to extend the use of the Premises for up to six months;
W
HEREAS, in order to finish construction of the Project, the City now desires to extend the use of certain portions of the Premises through November 30, 2023, which exceeds the six-month extension option by one and a half months; and
W
HEREAS, the County is agreeable to this Amendment to grant an extension, to support the completion of construction of the Project.

NO
W, THEREFORE, in consideration of the mutual covenants and conditions herein contained, and for other good and valuable consideration moving between the parties, City and County agree as follows:

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2 of 3

1. AM
ENDMENT TO AGREEMENT, SECTION 4: PERMIT PURCHASE PRICE.

Th
e permit payment amount is revised as underlined, shown below:

In consideration of the temporary rights granted to City pursuant to Section 3 hereof, City shall pay to County a total of $ 2,308,000 [Two Million Three Hundred and Eight Thousand Dollars].

Pursuant to Exhibit B, Paragraph 4, the City shall pay an additional $328,760 [Three Hundred Twenty Eight Thousand Seven Hundred Sixty Dollars] for a term extension for continued use of the Premises. Said payment shall be made to the San Mateo Exposition and Fair Association prior to the City's exercise of any rights granted pursuant to Section 3 hereof.

2. AMENDMENT TO EXHIBIT B PERMIT TERMS AND CO NDITIONS, SECTION 4: TERM .

The term to use the Premises is revised as strikethrough and underlined, shown below:

City shall be permitted to use the Premises for the period commencing April 13, 2020 and te
rminating April 13, 2023 (“Term”). use of each permit area, as identified in Exhibit B-1, as follows (“Term”):

Permit Area #1: November 30, 2023
Permit Area #2: April 13, 2023
Permit Area #3: August 17, 2023
The City anticipates the construction of the Project and the need for the permitted use of the Premises to conclude by the dates listed above. The County may, upon request of the City, approve an extension of the Term through the end of the 2023 calendar year. The price of any such extension shall be calculated pro-rata on a weekly basis and based on the length of the extension and the Permit Purchase Price. Any such request and/or approval must be delivered in writing.

3. T
he estimated cost of the extended Permit period, pursuant to Exhibit B, Section 4, is shown as Attachment 1 to this Amendment, attached and incorporated herein.

4. T
he remaining terms of the Agreement remain in full force and effect. [
SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives to be effective on the date first above written.

COUNTY OF SAN MATEO:

By: DAVID PINE, PRESIDENT OF THE BOARD OF SUPERVISORS

Signature: __________________________________ SMC Resolution No. 077123(a)

Date: __________________________________

ATTEST:

___________________________________
Clerk of the Board of Supervisors

CITY OF SAN MATEO

By: DREW CORBETT, CITY MANAGER

Signature: __________________________________

Date: __________________________________

ATTEST:

___________________________________
Patrice Olds, City Clerk

Approved as to Form:

___________________________________
Linh P. Nguyen, Assistant City Attorney

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Attachment 1 - Permit Extension Cost Calculation
Original Term Calculated
Begin End Weeks Permit Cost
4/13/2020 4/13/2023 156.43 $2,308,000.00
Term (weeks) 156
Cost per (sf) $27.2215
Cost per (sf/wk $0.1745
Total
Area Description Amount (sq ft) Date Weeks Cost
1 Staging area 33,120.00 11/30/2023 33.00 $190,717.84
2 Tie-backs 7,717.00 4/13/2023 0.00 $0.00
3 Haul Road 43,949.00 8/17/2023 18.00 $138,041.15
Total 84,786.00 $328,758.99
Extension

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Attachment 2 - Excerpt of "City of San Mateo Planning Application, Conditions of Approval, PA-2018-010 Underground Flow Equalization System” showing Conditions of Approval #35 and #36

35. MA
TERIAL HAULING AND CONSTRUCTION WORKER PARKING - For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route that conforms to City of San Mateo Municipal Code Section

11.28.040 for the approval of the City Engineer. The project sponsor shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project shall be: 92 to S. Delaware Street to a site entrance at the southern corner of the Event Center parking lot; and a secondary route to be used during Event Center events along Saratoga Drive from Delaware Street to Hillsdale Blvd, accessing the project site from Saratoga Drive. Any queue of construction vehicles, including but not limited to haul and concrete trucks, will be on the Event Center site easements and not on City streets, to the maximum extent feasible. A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Department of Public Works, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on site. Any job-related dirt and/or debris that impacts the public right of way shall be removed immediately. No wash down of dirt into storm drains will be allowed. All material hauling activities shall be done in accordance with applicable City ordinances and conditions of approval. Violation of such may be cause for suspension of work. The applicant shall provide a construction-parking plan that minimizes the effect of City of San Mateo Planning Application Conditions of Approval PA-2018-010, 2495 S Delaware St, Underground Flow Equalization System As Approved on (insert date after City Council approval) Page 15 of 18 construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the City Engineer prior to issuance of City permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the City permits. (PUBLIC WORKS)

36. TEMPORARY CONSTRUCTION EASEMENT - Prior to the start of construction, and to be utilized throughout the construction phase, the applicant shall acquire a temporary construction easement from the County of San Mateo to manage truck routes. The temporary construction easement shall facilitate the management of haul routes as stipulated in COA#36 (actually refers to #35) Material Hauling and Construction Worker Parking. (PUBLIC WORKS)

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SAN MATEO COUNTY EXPOSITION & FAIR ASSOCIATION
BOARD OF DIRECTORS’ MEETING – FEBRUARY 22, 2023

EXCERPT FROM MINUTES
VI. Update and Potential Action Regarding Extension of
Temporary Easement Agreement for City of San Mateo’s
Underground Flow Equalization Systems (UFES) Project
The City of San Mateo’s request for an extension of the temporary easement agreement with the County of San
Mateo for the UFES project was reviewed. Director Tucker made a motion to approve the extension agreement as
presented, seconded by Director Foust, and unanimously
carried with a roll call vote.

Attachment 3 - San Mateo County Exposition & Fair Association Board of Directors’ Meeting – February 22, 2023, Excerpt from Minutes

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-5141 File ID: 23-7300 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: April 03, 2023
SUBJECT:

Police Dispatcher Lateral Hiring Recruitment Incentive Program – Authorization RECOMMENDATION:

Adopt a Resolution to authorize the provision of a police dispatcher lateral hiring recruitment incentive program to include a $15,000 recruitment incentive for up to five (5) highly qualified and experienced lateral dispatchers, in a cumulative amount not to exceed $75,000; 40 hours of vacation time upon completion of training; and a $3,000 incentive for per diem dispatchers who work a minimum of 500 hours in two years.

BACKGROUND:

Attracting new and qualified applicants remains an ongoing challenge for many positions in law enforcement, including public safety dispatchers. The San Mateo Police Department has struggled to maintain adequate staffing of dispatchers due to attrition from retirements and resignations; challenging rates of successful completion of training by entry-level dispatchers; and high turnover related to the cost of living in the greater Bay Area. Hiring and retaining entry level dispatchers has proven to be especially difficult. Between the extensive background check, the rigorous training program, and the demanding nature of the profession, the unit has seen a low retention rate of new hires. Over the last five years, the unit has retained 3 out of 13 entry-level dispatchers who entered the training program. All lateral dispatchers hired during that same time frame completed training and continue to work for the Police Department.

Staff recommends the City enact a lateral police dispatcher incentive program to attract highly qualified and experienced dispatchers. The program would offer qualified applicants the opportunity to receive up to a $15,000 hiring bonus, as well as the provision of 40 hours of vacation time upon completion of training (as loss of vacation hours is a deterrent for lateral applicants). To qualify to receive this incentive, the lateral applicant must meet the following criteria: be an active law enforcement dispatcher; possess a Basic Dispatch Certificate from the California Commission on Peace Officer Standards and Training (POST); and have at least two years of full-time experience as a California law enforcement dispatcher. At the time of hiring, the employee would be asked to provide a paystub or documentation from their prior employer to demonstrate a balance of at least 40 hours of discretionary leave in their time bank at separation. Payment of the incentive would be provided to employees hired in the Dispatcher II position and based on milestones structured in a manner intended to increase the probability that the dispatcher will stay with SMPD for at least three years. $15,000 / 3 Year Incentive Program for
Lateral Dispatcher II Merit Employees
Incentive Timeline
$5,000 Completion of Training
40 Hours
Vacation Time
Upon Completion of Training with Proof of
Leave Bank Values from Prior Agency
$5,000 Upon Completion of Probation
$5,000 36 months

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Many agencies rely on the use of per diem dispatchers to help fill gaps and maintain minimum staffing levels. This is challenging as qualified per diem dispatchers are in high demand and are limited to working 960 hours per year. Staff recommends incentivizing per diem dispatchers by offering a $3,000, one-time bonus for per diem employees in the Dispatcher II position who work more than 500 hours within two years of hire. $3,000 Per Diem Dispatcher II Incentive
Incentive Timeline
$3,000 Completion of 500 hours worked within
2 years of hire.

Programs to entice law enforcement applicants were once considered uncommon, but due to universal recruitment challenges have now become more standard in the law enforcement industry. To remain competitive and maintain the ability to attract qualified lateral applicants, staff requests authorization to enact the dispatcher lateral hiring recruitment incentive program.

BUDGET IMPACT:

The cost of the lateral hiring bonus is offset by savings associated with reduced training time and reduced need to backfill positions using overtime. The cost can be accommodated within the Police Department’s budget appropriation with no additional impact to the General Fund.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Kelly O’Keefe, Police Technical Services Administrator
[email protected]
(650) 522-7709
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

AUTHORIZING THE DISPATCHER LATERAL HIRING RECRUITMENT INCENTIVE PROGRAM WHEREAS, the Police Department wishes to offer a Lateral Hiring Recruitment Incentive Program for up to five (5) lateral Dispatcher II merit positions, providing highly qualified lateral dispatchers the opportunity to receive up to a $15,000 hiring bonus as well as 40 hours of vacation time; and WHEREAS, the Police Department wishes incentivize experienced per diem dispatchers to work for the City of San Mateo by offering a $3,000, one-time bonus, for employees in the per diem Dispatcher II position who work more than 500 hours within two years of hire; and WHEREAS, to qualify to receive the incentive, applicants must meet specific criteria such as: being an active law enforcement dispatcher; possessing a Basic Dispatch Certificate from the California Commission on Peace Officer Standards and Training (POST); and having at least two years of full-time experience as a California law enforcement dispatcher; and
WHEREAS, payment of the incentive is made in increments and based on milestones structured in a manner intended to increase the probability to retain the dispatcher for at least three years (merit Dispatcher II) or for at least two years (per diem Dispatcher II), as detailed in Exhibit A which is attached hereto and incorporated by reference; and
WHEREAS, the cost of the lateral hiring bonus is offset by savings associated with reduced training time and reduced need to backfill positions using overtime and can be accommodated within the Police Department’s budget with no additional impact to the general fund.

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

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

2. The Dispatcher Lateral Hiring Recruitment Incentive Program as described below and in Exhibit A is approved:
a. For Dispatcher II Merit positions:
i. $15,000 recruitment incentive for up to five (5) highly qualified and experienced lateral Dispatcher II positions, in a cumulative amount not to exceed $75,000; and ii. 40 hours of vacation time upon completion of training, and upon proof of leave balances from prior agency.
b. For per diem Dispatcher II positions:
i. $3,000 incentive for Dispatcher II per diem employees who work more than 500 hours within two years of hire.

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EXHIBIT A
$15,000 / 3 Year Incentive Program for
Lateral Dispatcher II Merit Employees
Incentive Timeline
$5,000 Completion of Training
40 Hours
Vacation Time
Upon Completion of Training with Proof of
Leave Bank Values from Prior Agency
$5,000 Upon Completion of Probation
$5,000 36 months
$3,000 Per Diem Dispatcher II Incentive
Incentive Timeline
$3,000 Completion of 500 hours worked within
2 years of hire.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-9100 File ID: 23-7302 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 03, 2023
SUBJECT:

Winter Storms – Designation of Authority for Expense Reimbursement for Public Assistance Cost Recovery RECOMMENDATION:

Adopt a Resolution to designate the City Manager, Finance Director, and Assistant City Manager as agents of the City of San Mateo for the purposes of obtaining federal and/or state financial assistance for expenses incurred during the winter storm events.

BACKGROUND:

On January 14, 2023, President Biden declared the California Severe Winter Storms a major disaster making federal disaster aid available to eligible counties within the State, including San Mateo County. As a result, the City of San Mateo is eligible to submit a Request for Public Assistance to the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (CalOES) for reimbursement for costs incurred during the period from December 27, 2022 to January 31, 2023 related to the winter storm events. Eligible costs include debris removal activities, emergency protective measures, and repairs to damaged public facilities.

In order to be eligible to submit reimbursement requests, the City must adopt a resolution designating authorized agents to engage with FEMA and CalOES. The proposed resolution, included as Attachment 1 to this report, designates the City Manager, Finance Director, and Assistant City Manager as the City’s agents. This designation is for the position title, as opposed to specific individuals, and therefore allows for changes in personnel. The resolution will be valid for a period of three years from the date signed, which will allow the City to seek cost recovery for any additional declared disasters that occur within that time period, including potential subsequent storm events.

The cost recovery process through FEMA and CalOES is very rigorous and can take multiple years to conclude. As a result, the City should not plan for any potential reimbursements to be included in our upcoming budget for next fiscal year.

BUDGET IMPACT:

The action of approving the designation of authorized agents has no direct impact to the City’s budget. However, it allows the City to potentially receive reimbursements for costs incurred during the winter storm events for debris removal, emergency protective measures, and repairs to damaged facilities, which will potentially provide some relief from the financial impact of the winter storms.

ENVIRONMENTAL DETERMINATION:

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

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CITY OF SAN MATEO
4 0
5 2

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Kathy Kleinbaum, Assistant City Manager
[email protected]
(650) 522-7153

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

DESIGNATING THE CITY MANAGER, THE FINANCE DIRECTOR, AND THE ASSISTANT CITY MANAGER AS

AGENTS OF THE CITY OF SAN MATEO FOR PURPOSES OF OBTAINING FEDERAL AND/OR STATE

ASSISTANCE FOR EXPENSES INCURRED AS A RESULT OF THE WINTER STORM EVENTS

WHEREAS, on January 14, 2023 President Biden made a Major Disaster Declaration for the California sever winter storm events that occurred in December 2022 and January 2023; and WHEREAS, locations within the County of San Mateo are eligible to apply for public assistance to cover storm-related expenses due to damages incurred and emergency protective measures taken; and WHEREAS, the City of San Mateo incurred costs as a result of the winter storm events and will submit a “Request for Public Assistance” to the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (CalOES); and
WHEREAS, CalOES requires the City to adopt a resolution designating an agent or agents for the purposes of engaging with FEMA and CalOES for potential reimbursement; and WHEREAS, the City has opted to make the designation of agents effective for any future disaster declarations that may occur within a three-year period from the adoption of the resolution; and WHEREAS, the designation of agents is not a project of CEQA because it is an organizational or administrative activity that will not impact the environment (CEQA Guidelines Section 15378(b)(5).

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

1. The Designation of Applicant’s Agent Resolution for Non-State Agencies, included herein as Exhibit A, which designates the City Manager, Finance Director, and Assistant City Manager as the City of San Mateo’s agents is approved.

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DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of A
uthorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public ent
ity esta
blished under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM) , under
- Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under C
A Gov Code – Gov, Title 2,
Div. 1, Chapter 7, Article 5, S
ections 8587.8, 8587.11, 8587.12
That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
OES-FPD-130 Rev. 10-2022 Page 1 of 4
081-68252
City Manager
Finance Director
Assistant City Manager
City of San Mateo
City of San Mateo
City of San Mateo
City Council

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Please check the appropriate box below
This is a universal resolution a
nd is effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.

This is a disa
ster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Bo
dy Representative)
(Name and Title of Governing Bod
y Representative)
(Name and Title of Governing Bo
dy Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the a bove is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 2 of 4
City of San Mateo
City of San Mateo
✔
3 April
23 Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Patrice Olds
City Council
3 April
23 City Clerk
City Clerk

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CITY OF SAN MATEO
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6 3

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 14-1311 File ID: 23-7315 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 03, 2023
SUBJECT:
365 2nd Avenue – Lease Amendment
RECOMMENDATION:

Approve the 3rd amendment to the lease between the City and Waynee May Yeung and Ying Kit Yeung, members of Sweet Cheeks Puffs, LLC, DBA Beard Papa’s, for the City owned property at 365 2nd Avenue to assign the lease to Genius Learning, LLC and Dennis Tong, authorize an increased security deposit amount of $1,949.56, and authorize the City Manager to execute the amendment in substantially the form presented.

BACKGROUND:

On May 1, 2017, the City Council approved a 2nd amendment to the lease and a seven-year lease extension to Waynee May Yeung and Ying Kit Yeung, members of Sweet Cheeks Puffs, LLC, to operate Beard Papa‘s, a puff pastry dessert shop located on 365 2nd Avenue on the ground floor of the Main Street Garage. Waynee May Yeung and Ying Kit Yeung, owners of the store, have decided to retire from the business and sell their financial interests to Genius Learning, LLC and Dennis Tong. The new owner will continue to operate the business as Beard Papa’s. The lease will terminate on November 30, 2026, and no lease extensions remain. Thereafter, if the owners wish to continue operating the business at that site, they will need to negotiate a new lease with the City.

The City’s commercial property manager has performed the due diligence of evaluating Genius Learning, LLC and Dennis Tong’s credit history. The property manager concluded that the assignee meets the financial requirements to assume the lease. Under the terms of the lease, the City may not unreasonably withhold its consent to a lease assignment.

Staff proposes a 3rd amendment to the lease to assign the lease to the new lessee. The lease amendment also includes language clarifying that prevailing wages must be paid for any improvements to the property because it is City-owned and requiring a security deposit of $1,949.56, equivalent to one month’s base rent. All other terms of the lease will remain the same.

BUDGET IMPACT:

The lease amendment will have no budget impact. The lease will generate approximately $88,120 in revenue over the course of the remaining 43 months term. Commercial property revenue is deposited in the General Fund and has been used to offset the City’s expenses for operation, maintenance, and improvements to Downtown parking facilities and for Downtown street cleaning services.

ENVIRONMENTAL DETERMINATION:

This lease 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

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CITY OF SAN MATEO
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6 3
15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Lease Amendment

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

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3rd AMENDMENT TO LEASE
BETWEEN THE CITY OF SAN MATEO (“LANDLORD”) AND SWEET CHEEKS PUFFS, LLC (“TENANT”), DBA BEARD PAPA’S, AND ASSIGNMENT OF LEASE TO

GENIUS LEARNING, LLC AND DENNIS TONG

This ASSIGNMENT AND THIRD AMENDMENT is made on _____________________ between the City of San Mateo, Sweet Cheeks Puffs, LLC, a California limited liability company, DBA Beard Papa’s (“Assignor”) and Genius Learning, LLC and Dennis Tong (jointly known as “Assignee”).

RECITALS.

A: The City of San Mateo (“Landlord”), and Assignor as tenant, initially entered into a written lease dated July 1, 2009 and 1ST amendment on December 12, 2014, and 2nd amendment on May 25, 2017 for the premises located in the City of San Mateo commonly known as 365 2nd Avenue, San Mateo, CA 94401.

B: Waynee May Yeung and Ying Kit Yeung members of Sweet Cheeks Puffs, LLC desire to assign all their rights, title and interest in the amended Lease currently to Genius Learning, LLC and Dennis Tong, and Genius Learning, LLC and Dennis Tong and Genius Learning, LLC wishes to assume the amended Lease.

C: LANDLORD consents to the proposed assignment on the condition set forth in this Amendment.

NOW, THEREFORE, the parties agree as follows:

1. ASSIGNMENT AND ASSUMPTION. Assignor hereby assigns and transfers to Assignee all its right, title, and interest in the Lease and Assignee accepts the assignment and assumes and agrees to perform, from the date the assignment becomes effective, as a direct obligation to Landlord, all provisions of the lease.

2. SECURITY DEPOSIT. Assignee agrees to pay Landlord $1,949.56 as a security deposit, which can be used by the Landlord for unpaid rent, and any necessary maintenance or repairs at the expiration of the tenancy. Assignor will receive back the original security deposit in the amount of $1,282.50 from the Landlord.

3. NOTICE.

Genius Learning, LLC and Dennis Tong
365 2nd Avenue, San Mateo, CA 94401
Telephone: 650-666-7726
Email: [email protected]

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4. TENANT IMPROVEMENTS. This tenant improvement clause is hereby added to the Lease to read “Tenant shall require its contractor to comply with all state prevailing wages requirements for all Tenant Improvements constructed on the Premises including but not limited to, the payment of prevailing wages, certified payroll submissions, overtime and work hour requirements, apprenticeship obligations, and contractor registration with the Department of Industrial Relations.”

5. LANDLORD CONSENT. Landlord consents to the assignment of this amended lease.

6. Except for the changes shown in this assignment and amendment, the original Lease and Amendments remain in full force and effect.

7. EFFECTIVE DATE OF ASSIGNMENT. May 1, 2023. Or if escrow under the Business Purchase Agreement between Waynee May Yeung and Ying Kit Yeung members of Sweet Cheeks Puffs, LLC and Genius Learning LLC and Dennis Tong closes after May 1, 2023, on the date of the close of that escrow.

Executed at San Mateo, California, on the day and year first above written.

ASSIGNOR ASSIGNEE

____________________ ________________________ Waynee May Yeung Dennis Tong
Member Managing Member
Sweet Cheeks Puffs, LLC Genius Learning, LLC

__________________________
Ying Kit Yeung Dennis Tong
Member
Sweet Cheeks Puffs, LLC

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CONSENT OF LANDLORD

The undersigned is the Landlord in the lease described in the above assignment and consents to the assignment to Genius Learning, LLC and Dennis Tong jointly waiving none of the Landlord’s rights under the existing Lease.

LANDLORD

City of San Mateo

By ________________________

Drew Corbett, City Manager

APPROVED AS TO FORM:

___________________________
Mazarin Vakharia
Assistant City Attorney

Exhibit A: Original, 1st, and 2nd Lease Agreements

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Genius Learning LLC
Board Resoluon
This board resoluon is made and entered on March 1, 2023 by and between the following Pares of Genius Learning LLC:

Dennis Tong, Managing Member
Linda Tong, Member
All pares agree for Dennis Tong to represent Genius Learning to apply for the Lease at 365 2nd Avenue, San Mateo, CA 94401
___________________________ Date_________________
Linda Tong, Member
___________________________ Date_________________
Dennis Tong, Managing Member
3/1/2023
3/1/2023

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ASSIGNMENT AND SECOND AMENDMENT OF LEASE
This Agreement is made on 'IA.lei % 2017, between Peninsula Puffs LLC, A California Corporation, DBA Beard Papa's Sweets Cafe ("Assignor'') and Sweet Cheeks Puffs, LLC, a California limited liability company, DBA Beard Papa's Sweets Cafe ("Assignee").

RECITALS.

A: The City of San Mateo ("Lessor''), and Assignor as tenant, entered into a written lease dated July 1, 2009 and amended on December 12, 2014 ("The Lease"), in which Lessor leased to Assignor and Assignor leased from Lessor premises located in the City of San Mateo commonly known as 365 2nd Avenue, San Mateo, CA 94401.

B: Assignor desires to assign all his rights, title and interest in the Lease currently to Assignee.

C: Lessor co nsents to the proposed assignment on the condition set forth in this assignment.

The parties agree as follows:

1. ASSIGNMENT AND ASSUMPTION. Assignor assigns and transfers to Assignee all its right, title, and interest in the lease and Assignee accepts the assignment and assumes and agrees to perform, from the date the assignment becomes effective, as a direct obligation to Lessor, all provisions of the lease.

2. Grant of Option. Provided Tenant/Assignee has not been late in payment of rent more than 2 times in a calendar year, specific to the tenant, tenant shall have one (1) option to extend the Term of this Lease ("Extension Option") beyond the Expiration Date for an additional period of Eighty Four Months (84) months ( "Extended Term") by giving Landlord written notice of such election ("Option Exercise Notice") not earlier than 24 months nor later than 6 months prior to the expiration of the Lease term, The Option Exercise Notice shall be given by certified or registered mail (return receipt requested) or by Federal Express, United Parcel Service or other overnight courier service which obtains personal signatures upon delivery. Such notice shall be deemed given upon receipt by the Landlord or upon refusal to accept delivery at Landlord's address for notice. If Landlord does not receive the Option Exercise Notice within the time period provided above, all rights under the Extension Option shall terminate. Tenant shall have no right to exercise the Extension Option notwithstanding any provision in the grant to the contra1y while Tenant is in default of this Lease beyond any applicable cure period.

3. Monthly Base Rent During Extended Terms. Monthly Base Rent for the First Extended Term shall be One Thousand Seven Hundred Eighty Four & 12/100 ($1,784.12) with annual increases of three percent (3%) per year thereafter.

Exhibit A

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ORIGINAL
AMENDMENT NO. ONE TO THE LEASE

BETWEEN THE CITY OF SAN MATEO AND

PENINSULA PUFFS LLC, A CALIFORNIA CORPORATION
DBA BEARD PAPA'S SWEETS CAFÉ

TO EXTEND TERM
WHEREAS, the City of San Mateo ("City"), a municipal corporation of the State of California, and Peninsula Puff LLC, a California Corporation dba Beard Papa's Sweet Café ("Beard Papa"), entered into a lease for retail space ("Lease") on September 1, 2009; and
WHEREAS, the initial Lease term is five years; and
WHEREAS, Section 6 (C) of the Lease provided that the Lease by be extended for another five years, except that the rent may be increased; WHEREAS, City and Beard Papa wish to extend the Lease term for an additional five years.

NOW, THEREFORE, the parties agree as follows:

1. Section 2 of the Lease is amended to read:

Effective December 1, 2014 the new base rent schedule is as follows:

December 1st, 2014 through November 30th, 2015 — $1,539.00 per month December 1st, 2015 through November 30th, 2016 — $1,585.17 per month December 1st, 2016 through November 30th, 2017 —$1,632.73 per month December 1st, 2017 through November 30th, 2018 —$1,681.71 per month December 1st, 2018 through November 20th, 2019 — $1,732.16 per month

2. Sections 6 A of the Lease is amended to read:

The lease for the above location expires on November 20th, 2019.

QACDDEconomie Development 2013-present (MC)1DT Lease Agreements \Beard Papas \Second LeaselAttachment 3. City of San Mateo - Peninsula Puffs, LLC Proposed Amendment to Lease.doe

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PENINSULA PUFF LLC
dba Beard Papa's Swlet Cafe
Mary Rose Gaivia-Ciruz, Peninsula Puffs LLC
•Date: i( ' ZjL

CITY OF SAN MATEO
Date:
hhi 8640,
Patrice Olds, City Clerk
The remaining terms of the Lease remain in full force and effect.

Approved as to Form:
ft-0
Q:\CDD\Eonomic Development 2013-present (MC)DT Lease Agreementsliearcl Papas\ Second LeaselAttachment 3. City of San Mateo - Peninsula Puffs. LLC Proposed Amendment to Lease.doc

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Date July 1, 2009
City of San Mateo ("Landlord") and Peninsula Puffs LLC, a California corporation, DBA Beard Papa's Sweets Cafe ("Tenant") agree as follows:

1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: 365 2nd Ave., San Mateo, CA 94401 ("Premises"), approximately 513 square feet, which comprise approximately 13% of the total square footage of rentable space in the entire property. See Exhibit A for a further description of the Premises.

2. BASE RENT: Tenant agrees to pay a monthly Base Rent ("Base Rent") at the rate of $1,282.50 per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter, Base Rent shall be increased annually by 3% or the amount of any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers ("CPI") for San Francisco Bay Area (CPI-U SF/Oakland/San Jose), whichever is higher. However, in no event will an annual rent increase exceed 6%. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI.

3. RENT:

A. Definition: "Rent" shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit.

B. Payment: Rent shall be paid to City of San Mateo at 330 W. 20th Avenue, San Mateo CA 94403, to the attention of: City of San Mateo, EDBA, 330 West 20th Avenue, San Mateo, CA 94403 Attn:

EDBA or at any other location specified by Landlord in writing to Tenant C. Timing: Rent is payable in advance on the 1st day of each calendar month, and is delinquent 10 days after that

4. ADDITIONAL COMMON AREA MAINTENANCE CHARGES: In addition to Base Rent, which the parties intend to be absolutely net, Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common area maintenance, consolidated utility and service bills, insurance, and real estate taxes, (collectively "CAM charges"), based on the ratio of the square footage of the Premises to the total square footage of the rentable space in the entire property. Tenant shall pay one-twelfth (1/12th) of the annual estimated CAM charges with each monthly Base Rent installment, based on the Landlord's estimation of the actual cost. CAM charges shall not include capital expenditures unless such expenditures are amortized over a period which is in accordance with Generally Accepted Accounting Practices for federal income tax purposes.

5. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant including, but not limited to, water, sewer, electricity, garbage, and telephone. Tenant shall be responsible and directly pay for all other charges not covered in CAM charges including, but not limited too, City permit fees, fees for any regulatory licenses or inspections, or other governmental charges such as unsecured business property tax, possessory interest tax, or ABC permits. The property interests created by this Lease may be subject to property taxation and Tenant, in whom the possessory interest is vested, will be responsible for the timely payment of any property taxes levied on such possessory interest. Tenant agrees to pay before delinquency all lawful taxes, assessments, fees or charges which at any time may be levied by the state, county, city or any tax or assessment levying body againit the transfer of the leasehold interest hereunder upon recordation or otherwise, or upon any activity carried on under this Lease, any interest in this Lease or any possessory right which Tenant may have in or to the Premises or the Premises by reason of its use or occupancy thereof or otherwise.

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Premises: 365 2nd Ave., San Mateo, CA 94403 July 1, 2009

6. TERM: The term begins on
(Check A or B):

("Commencement Date"),

I X A. Lease: and shall terminate after 5 years on at 6:00 PM . Any holding over after the term of this agreement expires, with Landlord's consent, shall create a month-to-month tenancy that either party may terminate as specified in section 6B. Rent shall be at a rate equal to two times the rent for the immediately preceding month, payable in advance. All other terms and conditions of this agreement shall remain in full force and effect.

L_I B. Month- To- Month: and continues as a month-to-month tenancy. Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to any applicable local laws. Such notice may be given on any date.

X IC. Renewal Or Extension Terms:
(i) Grant of Options: Landlord hereby grants to Tenant one (1) Option (the "Option") to extend the Tenn of this Lease. The Option shall be for an additional term of five (5) Years and shall conimentie upon the expiration of the original Term. The Option is expressly conditioned on the satisfaction of both of the following: (I) the lack of an Event of Default on the part of Tenant, both at the time the Option is exercised and at the time the term of the Option would commence, and (2) the lack of three or more Events of Default on the part of the Tenant during the initial Term. This condition may be waived by Landlord in its sole discretion and may not be used by Tenant as a means to negate the effectiveness of Tenant's exercise of the Option.
(ii) Manner of Exercise: Tenant may exercise the Option only by giving Landlord written notice not less than six (6) months prior to the expiration of the Term of this Lease (as it may be extended) and not more than twelve (12) months prior to the expiration of the Term of this Lease (as it may be extended). If Tenant fails to validly exercise the Option by the date required, then the Option automatically shall lapse and thereafter Tenant shall have no right to exercise the Option. (iii) Terms and Rent: All terms and conditions of the Lease, as amended from time to time by the parties in accordance with the provisions of the Lease with the exception of the amount of Base Rent paid to Landlord by Tenant, shall remain in full force and effect and shall apply during the Option term. If the Option is exercised, then the Base Rent for the Premises during such Option term shall be determined as follows:
a) Landlord and Tenant shall have thirty (30) days after Landlord receives the Option Notice within which to agree on the Base Rent for the Option term based upon the then fair market rental value of the Premises as defined below. If the parties agree on the Base Rent (including any periodic adjustments in Base Rent) for the Option term within thirty (30) days, they shall immediately execute an amendment to this Lease stating the Base Rent. b) If the parties are unable to agree on the Base Rent for the Option term within thirty (30) days, then, the Base Rent for the Option term shall be the then current fair market rental value of the Premises as determined as set forth below.
c) The then fair market rental value of the Premises shall mean the fair market rental value of the Premises as of the commencement of the Option term, taking into consideration the uses permitted under this Lease, the quality, size, design and location of the Premises, and the rent for comparable buildings located in the general vicinity of the Premises. d) Within ten (10) days after the expiration of the thirty (30) day period set forth in Section 6(C)(iii)(a) above, each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least five (5) years' full-time commercial appraisal experience in the area 2 150 of 575

" Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009 an appraiser within ten (10) days, the single appraiser appointed shall be the sole appraiser and shall determine the Base Rent. If the two (2) appraisers are appointed by the parties as stated in this Section 6(C)(iii)(d), they shall meet promptly and attempt to determine the Base Rent. If they are unable to agree within fifteen (15) days after the second appraiser has been appointed, the two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Base Monthly Rent, as the case may be.
e) After the Base Rent has been determined, the appraisers shall immediately notify the parties and the parties shall amend this Lease to set forth such amount.

7. EARLY POSSESSION: Tenant is entitled to possession of the Premises on . Tenant is entitled to early possession of the Premises at no additional Rent if Landlord is in receipt of the fully executed Lease, proof of insurance as required in this Lease, and payment of the first full month Rent and the security deposit required in this Lease.

8. SECURITY DEPOSIT:

A. Tenant agrees to pay Landlord $1,282.50 as a security deposit. Tenant agrees not to hold Broker responsible for its return.

B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent, late charges, non-sufficient funds ("NSF") fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (iii) broom clean the Premises, if necessary, upon termination of tenancy; and (iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (i) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant.

C. No interest will be paid on security deposit, unless required by local ordinance.

9. PARKING: Parking is limited to such parking that exists on the Premises.

10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 10 calendar days after date due, or if a check is returned NSF, Tenant shall pay to Landlord, respectively, $65.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent. Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under section 3, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law.

11. CONDITION OF PREMISES: Landlord warrants that the Premises has the following equipment and will be in the following condition on delivery:

A. HVAC: Operational standard rooftop with one thermostat (or per code) with warranty and initial inspection.

B. Amperage: Operational 200 amp panel, 3 phase, 4 wire, installed to code.

C. Sprinklers: to code; minimum 4' off demising walls.
3 151 of 575

Premises: 365 2nd Ave., San Mateo CA 94403 July 1, 2009 C. Sprinklers: to code; minimum 4' off demising walls.

D. J-box: j-boxes appropriately positioned for each storefront sign(s) E. Water: Operational water line for tenant hook-up.

F. Hazmats: Premises shall be delivered free of all asbestos, mold and hazardous materials.

G. Other Premises will be ADA compliant and have access to restrooms.

Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the following exceptions:

Tenant is aware that there is an existing building design component that has allowed water intrusion in the past. Though there has been considerable effort to mitigate this situation, the Tenant will acknowledge that in severe weather, there may be water intrusion at the doors, water draining from the doors on the interior floor when doors are opened, and wind-driven water entering the air shaft and to the retail space. Tenant is responsible for the immediate removal of the water and immediate notification of intrusion to the Landlord.

Items listed as exceptions shall be dealt with in the following manner:

Tenant is responsible for the immediate notification to Lawlor (1 of maintenance, loss, damage or any other 't- issues related to the Premises as indicated:

Maintenance Issues, including emergencies - Public Works, 650-522-7350 Claims - First, Tenant insurer as stated in Lease
Secondly, the City Attorney's Department, 650-522-7020
All other questions - Economic Development, 650-522-7240 If properly notified, Landlord will pay up to a total of $25,000 over the term of the lease to repair damages to the Premises resulting from water intrusion.

12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances ("Laws"). Landlord makes no representation or warranty that Premises are now or in the future will be suitable for Tenant's use. Tenant has made its own investigation regarding all applicable Laws.

13. USE: The Premises are for the sole use as specified:

A. Use of the Premises:
(i) Primary: sale of Japanese style cream puffs
(ii) Secondary: sale of cheesecake, dessert and bakery items, custard, yogurt, fruit drinks, fruit ice shaves, fruit, tea and coffee, noodles, vegetables, rice, yakitori, beer and sake, and all other related high quality food items produced by Beard Papa's and/or Tenant approved in writing by Landlord, such approval not to be unreasonably withheld. Sales of ice cream and frozen desserts shall never exceed 10% of the Tenant's gross sales.

B. Exclusive Use: Tenant shall have the exclusive right within the Center to engage in the sale of bakery items and Japanese cuisine, eclairs, cream puffs, cheesecake, cake and similar dessert items for off premises consumption ("protected items"). Tenant's exclusive right shall not apply to: (i) existing tenants as of the date of this Lease (and their successors or assigns) occupying premises within the building that may have the right to sell protected items; and (ii) existing leases in effect (as of the execution of this Lease) within the building which may permit the sale of the protected items.

No other use is permitted without Landlord's prior written consent If any use by Tenant causes an increase in the premium on Landlords existing property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises. 4 152 of 575

Premises: 365 2nd Ave., San Mateo, CA 94403 July 1, 2009

14. RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb, annoy, endanger, or interfere with other tenants of the building or 'neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband, or violate any law or ordinance, or committing a waste or nuisance on or about the Premises.

Tenant shall operate the use upon the Premises during the same hours as competing similar uses.

15. MAINTENANCE:

A. Tenant shall professionally maintain the interior of the Premises including heating, air conditioning, electrical, plumbing and water systems, if any. If Tenant fails to maintain the interior of the Premises including heating, air conditioning, electrical, plumbing and water systems, if any, Landlord may contract for or perform such maintenance, and charge Tenant for Landlords cost. Tenant is responsible for vector control and will notify Landlord of all vector control occurring in the space.

B. Landlord shall maintain the roof, foundation, exterior walls, common areas and exterior of the Premises and keep glass, windoWs and doors in operable and safe condition. Landlord is responsible for the heating, - ventilation and air conditioning system replacement on a predetermined replacement schedule.

16. LOSS OF KEY: Loss of any key will result in re-keying of lock with all costs to re-key paid for by Tenant.

17. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's prior written consent, which shall not be unreasonably withheld.

Any alterations to the Premises shall be done according to law and with required permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a Notice of Non-Responsibility to prevent potential liens against Landlord's interest in the Premises.

Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. Premises offered in an "as is" condition. Any Tenant alterations will be made at Tenant's expense.

18. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law.

19. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice.

20. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 30 day period preceding the termination of the agreement. Tenant may install signs in conformance with the City's sign ordinance.

21. SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under this agreement. 5 153 of 575

Premises: 365 2nd Ave. San Mateo, CA 94403 July 1,2009

22. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date, such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in section 6. If Landlord is unable to deliver possession within 90 calendar days after the agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid.

23. TENANTS OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including restroom and any common areas; (ii) vacate Premises and surrender it to Landlord empty of all persons and personal property; (iii) vacate all parking and storage spaces; (iv) deliver Premises to Landlord in the same condition as referenced in section 11; (v) clean Premises; and (vi) give written notice to Landlord of Tenant's forwarding address. All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possecsion was made available to Tenant

24. DEFAULT:

A. Event of Default: The occurrence of any of the following shall constitute an Event of Default of this Lease by Tenant
(i) The failure of Tenant to pay or cause to be paid within 10 days after receipt of written notice from Landlord, any Rent or charges required by this Lease to be paid by Tenant; (ii) The abandonment of the Premises by Tenant;
(iii) The failure of Tenant to do or cause to be done any act, other than payment of rent, monies, or charges, required by this Lease within 30 days after written notice thereof to Tenant or such longer period as may be reasonably required to complete such cure so long as such cure is promptly commenced within such 30-day period and thereafter diligently and continuously prosecuted to completion;
(iv) Tenant causing, permitting, or suffering, without the prior written consent of Landlord, any act when this Lease requires Landlord's prior written consent or prohibits such act, and failing to cure such act within 10 days after written notice thereof to Tenant; or (v) Any act of bankruptcy caused, suffered, or permitted by Tenant that is not discharged within 60 days. For the purposes of this Lease, "act of bankruptcy" shall include any of the following: i) Any general assignment or general arrangement for the benefit of creditors; ii) The filing of any petition by or against Tenant to have Tenant adjudged a bankrupt; iii) The appointment of a trustee or receiver to take possession of substantially all of Tenant's assets; iv) The attachment, execution, or other judicial seizure of substantially all of Tenant's assets; (vi) Failure of Tenant to open for business within one hundred twenty (120) days after the Commencement Date as defined in section 6 of this Lease; (yid) The failure of Tenant to maintain insurance coverage as defmed in section 29 of this Lease.

B. In the event of a Tenant default in the payment of any installment of Rent, which default continues for ten (10) days after notice to Tenant and demand in writing by Landlord to correct such default, or, in the event of any other default which continues for thirty (30) days after notice from Landlord to Tenant, or if Tenant abandons the Premises prior to the expiration of the Term provided for in this agreement, the Landlord may at his option pursue the Default Remedies contained in this Lease.

C. Default Remedies: If an Event of Default shall occur and continue, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and bring suit against Tenant and recover as an award in such suit the following:
6 154 of 575

Premises: 365 2nd Ave., San Mateo CA 94403 July 1, 2009 (i) the worth at the time of award of the unpaid Rent and all other sums due hereunder which had been earned at the time of termination;
(ii) the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid Rent and all other sums due hereunder for the balance of the Term after termination exceeds the amount of such rental loss that Tenant proves could be reasonably avoided;
(iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease; and (v) such amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.

25. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this section, this agreement shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made.

26. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean-up of any contamination caused by Tenant.

27. CONDEMNATION: [fall or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures, belong to Landlord.

28. INDEMNIFICATION: Tenant agrees to indemnify, defend, and hold harmless Landlord, and its officers, officials, agents, and employees, from any and all liabilities, claims, demands, actions, losses, damages, and costs, including all costs of defense thereof and any award of attorney's fees, caused by, arising out of, or in any way related to Tenant's use or occupancy of the leased premises.

29. INSURANCE: Tenant shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant's operation and use of the leased premises, as described in this section. The cost of such insurance shall be borne by the Tenant.

A. Minimum Scope Of Insurance:
(i) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (ii) Workers' compensation insurance as required by the State of California and Employer's Liability insurance (for tenants with employees).
(iii) Property insurance against all risks of loss to any tenant improvements or betterments.

B. Minimum Limits Of Insurance: Tenant shall maintain limits no less than:
7 155 of 575

Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009 (i) General liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Employer's liability: $1,000,000 per accident for bodily injury or disease. (iii) Property insurance: Full replacement cost with no coinsurance penalty provision.

C. Deductibles And Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the Landlord. At the option of the Landlord, either: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Landlord, its officers, officials, agents, and employees; or the Tenant shall provide a financial guarantee satisfactory to the Landlord guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provisions: The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The Landlord, its officers, officials, agents, and employees are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the Tenant. •
(ii) The Tenant's insurance coverage shall be primary insurance as respects the Landlord, its officers, officials, agents, and employees. Any insurance or self-insurance maintained by the Landlord, its officers, officials, agents and employees shall be excess of the Tenant's insurance and shall not contribute with it.
(iii) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after 30 days' prior written notice by certified mail, return receipt requested, has been given to the Landlord.

E. Acceptability Of Insurer: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

F. Verification Of Coverage: Tenant shall furnish Landlord with the original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Landlord or on other than the Landlord's forms, provided those endorsements OT policies conform to the requirements. All certificates and endorsements are to be received and approved by the Landlord before taking possession of the Premises. The Landlord reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or Landlord's agent, within 15 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's acknowledgment that the tenancy statement is true and correct, and may be relied upon by a prospective lender or purchaser; and (ii) may be treated by Landlord as an Event of Default of this agreement.

Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender or buyer.

31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon such transfer, or if the security deposit is 8 156 of 575

Premises: 365 2nd Ave., San Mateo, CA 94403 July 1, 2009 actually transferred to the transferee. For all other obligations under this agreement which accrue after the date of transfer, Landlord is released of any further liability to Tenant, upon Landlord's transfer.

32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the date of recording.

33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of the credit report(s); or (ii) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement.

34. DISPUTE RESOLUTION:

A. Mediation: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to court action, subject to section 34A(1) below. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
(1) Exclusions From Mediation: The following matters are excluded from Mediation hereunder:
(i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or Installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a inechanic's lien; (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.I or §337.15 applies. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation provision.
(2) Brokers: Tenant and Landlord agree to mediate disputes or claims involving either or both Brokers, provided either or both Brokers shall have agreed to such mediation, prior to, or within a reasonable time after the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation shall not result in Brokers being deemed parties to the agreement.

35. NOTICE: Notices may be served by certified mail, email, or courier at the following address or location or at any other location subsequently designated:

Landlord: City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
650.522.7240
EDBAAcityofsanmateo.org
Tenant: Peninsula Puffs LLC.

Beard Papa Sweets Café (dba)
99 Yerba Buena Ln.

San Francisco, CA 94103
(415) 978.9972

9 157 of 575

' Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009 Notice is deemed effective upon the earliest of the following: (i) personal receipt by either party or their agent; or (ii) written acknowledgement of notice.

36. WAIVER: The waiver of any Event of Default shall not be construed as a continuing waiver of the same Event of Default or a waiver of any subsequent Event of Default.

37. OTHER TERMS AND CONDITIONS/SUPPLEMENTS: The site plan of the Main Street Garage is "Exhibit A".

38. NONDISCRIMINATION: The Tenant herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made• and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the Tenant himself or any person claiming under or through him or her, establish or .pennit any such practice or practices of discrimination or segregation with reference 1.0 - the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.

39. BROKERAGE: Tenant shall pay all commissions due Roller Real Estate with regard to this Lease transaction, the Broker commission shall be shall be equal to three percent (3%) of the Base Rent of the initial five (5) year Lease Term. Payment shall be 50% upon lease execution and 50% upon tenant's occupancy. No Broker commission is due from Landlord. Neither Tenant nor Landlord has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as named in this agreement, in connection with any act relating to the Premises, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold harmless the other, and the Brokers specified herein, and their agents, from and against any costs, expenses, or liability for compensation claimed inconsistent with the warranty and representation in this section 40.

40. AGENCY CONFIRMATION: The following agency relationships are hereby confirmed for this transaction:

Listing Agent: Not Applicable is the agent of
Selling Agent: Roller Real Estate, Inc. is the agent of the Tenant exclusively.

Real Estate Brokers are not parties to the agreement between Tenant and Landlord.

Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; (ii) cannot verify representations made by others; (iii) will not verify zoning and land use restrictions; (iv) cannot provide legal or tax advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Broken are not also acting as Landlord in this agreement, Broken: (vi) do not decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from appropriate professionals.

BROKER DISCLOSURES
Landlord and Tenant understand that Roller Real Estate, Inc. ("Broker") has not made any investigation or determination regarding the value of the property; the past, present or future uses of the property; any possible violations of any federal, state, or municipal ordinances, statues, zoning or CC&R's (if applicable); proposed acquisition of the property by the Federal, State, County or municipal governments; the accuracy of income and expense information; existence or content of any leases; the existence of physical defects in the property, the size of 10 158 of 575

Date
City San Francisco State CA Zip 94103
Date 401 )09
City Foster City State CA Zip 94404
Date
City Foster City State CA Zip 94404
ATTEST:

Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009 the property or the size of any improvements, and Landlord and Tenant hereby release Broker from any liability relating thereto and agree that such investigation and determination has been Tenant's sole responsibility and Broker shall not be held responsible therefore.

Tenant is advised that any representation of square footage with respect to the total building size, the specific rentable space size, the size of common areas, and any improvements thereon are approximations only, which may be inaccurate.

Roller Real Estate, Inc. is not authorized to give legal or tax advice. No representation or recommendation is made by Roller Real Estate, Inc. or its agents or employees, as to the legal effect or tax consequences of this document or any transaction related thereto.

41. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this agreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this agreement. Any provision of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon, and inure to the benefit of, the heirs, assignees and successors to the parties.

Tenant Peninsula Puffs LLC,
(Print Name)
Address 99 Yerba Buena,Ln..

By:

Tenant Mary Rose Zia-Cruz, LLC Manager
(Print Name)
AddreA 971 Cumberland Ct
, By: ,11 4114 .AAA AA
Ten ianna On in LLC • er
(Print ame)
Address 101 Eliza Ct
Norma Gomez, City Clerk
Elate 8/10/09

CITY OF SAN MATEO
Landlord
Landlord / s :SUSAN LOFTUS , City Manager
(owner or agent with authority to enter into this agreement) Address 330 West 20th Avenue City San Mateo State CA Zip 94403 Date
State Zip
(owner or agent with authority to enter into this agreement) Address City
Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between Landlord and Tenant.

Real Estate Broker (Leasing Firm) Roller Real Estate Inc. DRE Lic. #01275444

By (Agent) DRE Lic. 401034129 Date July 1, 2009
Rodney Roller
Address 2033 Gateway Place, Ste. 500 City San Jose State CA Zip 95110 11 159 of 575

Premises: 365 2nd Ave. San Mateo, CA 94403 July 1, 2009 Telephone (408)226-8000 Fax (408)351-8831 E-mail Rodney@RollerRealEstate. corn Real Estate Broker (Listing Firm) Not Applicable DRE Lic. # By (Agent) DRE Lic. # Date
Address City State Zip
Telephone Fax E-mail

12 160 of 575

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- Premises: 365 2nd Ave., San Mateo, CA 94403 July 1,2009

EXHIBIT "A"
C-1

161 of 575

CITY OF SAN MATEO
RESOLUTION NO. 137 (2009) RECEIVED
APPROVING AND AUTHORIZING EXECUTIOnnus ct ie

THE RETAIL LEASE WITH PENINSULA PUFFS, LLC,
clba BEARD PAPA'S SWEETS CAFE, FOR RETAIL SP .urtosEOF CITY CLERKrF, IN THE MAIN STREET GARAGE CITY HALL
($1,282.50 per month paid to the City) SAN MATEO, CA
WHEREAS, the City has listed the retail space located at 365 Second Avenue (in the Main Street garage) on the Downtown Available Commercial Space Listing and has responded to all inquiries about the space; and WHEREAS, Beard Papa, a franchise retail company selling cream puffs and other dessert items with two other locations in the Bay Area, submitted a formal proposal to lease the retail space at market-rate rent and has been in lease negotiations with the City for several months; and WHEREAS, other proposals have been entertained during this time, but the Beard Papa lease rate was the highest offered; and
WHEREAS, Beard Papa meets criteria advancing the City's objectives to lease out retail space in the Main Street Garage to secure strong tenants who are compatible with the Cinema and who would bring greater foot traffic to the Downtown area;

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

1. In accordance with Municipal Code section 3.60.050(b), the City Council finds that calling for bids would be impracticable in that the space does not have food preparation amenities that would be necessary for many tenants and the City has advertised the space

2. The retail lease with Peninsula Puffs, LLC, dba Beard Papa's Sweets Café, for retail space in the Main Street Garage at 365 Second Avenue, in the amount of $1282.50 per month is approved, in substantially the form attached to this Resolution,

3. The City Manager is authorized to sign and execute the lease on behalf of the City.

4. The City Clerk is instructed to attest the signature of the City Manager and affix the corporate seal of said City.

ATTEST:
,244
14a
ORIGINAL CITY CLERK MAYOR

162 of 575

* * *
Resolution adopted by the City Council of the City of
San Mateo, California, at a regular meeting held on
August 10, 2009, by the following vote of the Council:

AYES: Council Members EPSTEIN, LEE, MATTHEWS,
HANSSON and GROTTE
NOES: NONE
ABSENT: NONE
(SEAL) /s/ NORMA GOMEZ, City Clerk

163 of 575

CITY OF SAN MATEO
4 0
6 7
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 10-5141 File ID: 23-7326 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: April 3, 2023
SUBJECT:

Police Department – Job Specification Updates
RECOMMENDATION:

Adopt a Resolution to approve the revisions to the job specifications for the classifications of Police Officer Trainee, Police Officer, Police Sergeant, Police Lieutenant, and Police Captain to reflect the changes in California state law and elevated standards for the San Mateo Police Department.

BACKGROUND:

Age, Education, and Testing Requirements
The State of California Commission on Peace Officer Standards and Training (POST) regulations are intended as minimum standards. Local agencies can and do create standards that exceed these minimums. For example, it is quite a common practice for agencies to administer a physical ability test, as well as a detection of deception examination (i.e., lie detector test), even though neither are required by POST. Many agencies also require standards that exceed State and POST minimums, such as a minimum age requirement of 21 years old and/or requiring a 2-year college degree. The San Mateo Police Department will now require an applicant to be 21-years-old at time of appointment to Police Officer and possess, at a minimum, an associate’s degree from an accredited college. Additionally, most agencies in California require a T-score higher than 42 in order to pass the Pellet-B written examination and some police academies require a minimum of 48. We are raising our preferred score to 52 for new applicants or score in the 90th percentile for the National Testing Network Law Enforcement written examination. The applicant shall also pass the Work Sample Test Battery (WSTB) physical agility examination.

Peace Officer Certification
California Senate Bill No. 2 requires updates to the job specifications for sworn peace officers in the State of California. This bill prohibits a person who has been convicted of a felony, as specified, from regaining eligibility for peace officer employment based upon any later order of the court setting aside, vacating, withdrawing, expunging or otherwise dismissing or reversing the conviction, unless the court finds the person to be factually innocent of the crime for which they were convicted at the time of entry of the order. The bill disqualifies a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated in an administrative, military, or civil judicial process as having committed, a violation of certain specified crimes against public justice, including the falsification of records, bribery, or perjury. The bill also disqualifies any person who has been certified as a peace officer by the POST and has surrendered that certification or had that certification revoked by the commission, or has been denied certification. The bill disqualifies any person previously employed in law enforcement in any state or United States territory or by the federal government, whose name is listed in the national decertification index, or any other database designated by the federal government, or who engaged in serious misconduct that would have resulted in their certification being revoked in the State of California. The bill requires a law enforcement agency employing certain peace officers to employ only individuals with a current, valid certification or pending certification.

Authorization to Work
Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

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authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S.

Citizenship and Immigration Services. Government Code section 1031(g) permits departments to adopt additional and/or higher standards.

In order to address the desired standards and new legislative requirements, it is proposed that peace officer job specifications reflect the following updates:

Police Officer Trainee
•Free of any felony convictions.
•Authorization to work in the United States.
•Equivalent to the 12th grade education.
•Possess a minimum of an associate’s degree from an accredited college. •Possession of a POST (Peace Officer Standards & Training) written examination certificate with a preferred T-Score of 52 or above and a passing score for the WSTB physical agility examination, or possession of a National Testing Network Law Enforcement written examination certificate with a preferred score in the 90th percentile and a passing score for the WSTB physical agility examination. •Age not less than 21 years-old at time of appointment to the rank of Police Officer.

Police Officer
•Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training. •Free of any felony convictions.
•Authorization to work in the United States.
•Equivalent to the 12th grade education.
•Possess a minimum of an associate’s degree from an accredited college. •Possession of a POST (Peace Officer Standards & Training) written examination certificate with a preferred T-Score of 52 or above and a passing score for the WSTB physical agility examination, or possession of a National Testing Network Law Enforcement written examination certificate with a preferred score in the 90th percentile and a passing score for the WSTB physical agility examination. •Age not less than 21 years-old at time of appointment to the rank of Police Officer.

Police Sergeant
•Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training. •Free of any felony convictions.
•Authorization to work in the United States.
•Possess a minimum of an associate’s degree from an accredited college.

Police Lieutenant
•Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training. •Free of any felony convictions.
•Authorization to work in the United States.

Police Captain
•Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training. •Free of any felony convictions.
•Authorization to work in the United States.

The job specification revisions have been discussed with the impacted bargaining groups, and they are supportive of the changes. Per San Mateo Municipal Code Section 2.57.030(d), job specification revisions become effective upon approval by the City Council.

BUDGET IMPACT:

There is no budget impact associated with the revisions to the job specifications for the classifications of Police Officer Trainee, Police Officer, Police Sergeant, Police Lieutenant, and Police Captain.

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ENVIRONMENTAL DETERMINATION:

These job specification revisions are exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Job Specifications
Att 2 – Job Specifications with tracked changes

STAFF CONTACT
Lourdes Coles, Senior Human Resources Analyst
[email protected]
(650) 522-7264

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CITY OF SAN MATEO
RESOLUTION NO. __ (2023)

CLASSIFICATION UPDATES IN THE POLICE DEPARTMENT
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council resolution; and
WHEREAS, the proposed changes as detailed below are in response to the Police Department’s request to revise the job specifications for the classifications of Police Officer Trainee, Police Officer, Police Sergeant, Police Lieutenant, and Police Captain to reflect the changes in California state law and elevated standards for the San Mateo Police Department.

WHEREAS, the job specifications for the classifications of Police Officer Trainee, Police Officer, Police Sergeant, Police Lieutenant, and Police Captain are attached hereto as Exhibit A, and incorporated by reference; and
WHEREAS, the employee associations representing the impacted classifications have been informed of the job specification updates and have not brought forth any objections or concerns.

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

1. The revisions to the job specifications for the classifications of Police Officer Trainee, Police Officer, Police Sergeant, Police Lieutenant, and Police Captain are not subject to CEQA because it can be seen with certainty that they will not cause a physical change in the environment, under CEQA Guidelines Section 15061(b)(3).

2. The revisions to the job specifications for the classifications of Police Officer Trainee, Police Officer, Police Sergeant, Police Lieutenant, and Police Captain are approved and attached as Exhibit A.

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Exhibit A

POLICE OFFICER TRAINEE

DEFINITION
To attend a Peace Officer Standards and Training (POST)-certified Basic Law Enforcement Academy and receive the academic and physical training resulting in graduation and certification required for appointment to the classification of Police Officer.

DISTINGUISHING CHARACTERISTICS
This is a non-sworn classification structured for incumbents hired for the purpose of becoming a sworn police officer. Police Officer Trainees are hired into this civilian position for the period prior and during the time they are assigned to a POST-certified Basic Law Enforcement Academy. Upon successful completion of training at the academy and upon the availability of a Police Officer position, Police Officer Trainees are sworn in and appointed to the classification of Police Officer. Police Officer Trainee benefits are limited to those of a civilian employee.

SUPERVISION RECEIVED AND EXERCISED
Receive general supervision from higher level supervisory or management staff and from training staff at a POST-certified Basic Law Enforcement Academy.

EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:

Attend a POST-certified Basic Law Enforcement Academy designed to provide an overview of the criminal justice system including knowledge of laws, police procedures, law enforcement techniques, first aid and physical fitness.

Receive training to develop an awareness of Police Department functions, as well as the responsibilities of Police Officers and how those responsibilities relate to field operations.

Perform related duties and responsibilities as assigned.

QUALIFICATIONS
Ability to:

Successfully complete a POST-Basic Law Enforcement Academy including classroom instruction,

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physical agility and use of firearms.

Learn proper police procedures and methods.

Observe accurately and remember names, faces, numbers, incidents and places.

Think and act quickly in emergencies and to judge situations and people accurately.

Understand and interpret laws and regulations.

Prepare clear, concise, and comprehensive written reports.

Become proficient in self-defense techniques.

Become proficient in the care and use of firearms.

Follow oral and written instructions.

Deal courteously and effectively with the general public.

Experience and Education:

Any combination equivalent to experience and education that would provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

None required.

Education:

Equivalent to completion of an Associate’s degree from an accredited college.

Licenses and Certificates:

Possession of and ability to maintain a valid California Driver’s License.

Possession of a POST (Peace Officer Standards & Training) written examination certificate with a preferred T-Score of 52 or above and a passing score for the WSTB physical agility examination. Or possession of a National Testing Network Law Enforcement written examination certificate with a preferred score in the 90th percentile and a passing score for the WSTB physical agility examination.

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of

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Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services.

Government Code section 1031(g) permits departments to adopt additional and/or higher standards.

Age not less than 21-years-old at time of appointment to the rank of police officer.

Vision in each eye, correctable to at least 20/30.

Must pass a background investigation.

Must meet all Department medical, physical and psychological standards.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist, climb, and lift 50 pounds: exposure to cold, heat, extreme noise, outdoors, confining work space, electrical hazards, chemicals, dust, toxic waste, mechanical hazards, and explosive materials.

ADOPTED CC: 4-18-16
REVISED CC: 4-03-23
FORMER TITLES:

BARGAINING UNIT: POLICE UNIT
FLSA: NON EXEMPT
PERFORMANCE APPRAISAL: COMPLIANCE AND INSPECTION
DOT: NO
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: NO
JOB CODES: 4210
ABOLISHED:

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POLICE OFFICER

DEFINITION
To perform law enforcement and crime prevention work by utilizing community policing and problem oriented strategies; to control traffic flow and enforce State and local traffic regulations; to perform investigative work; to participate in and provide support and assistance to special department crime prevention and enforcement programs; and to do related work as assigned.

DISTINGUISHING CHARACTERISTICS
This is the entry-level classification in the professional police series requiring sworn peace officer status.

Positions allocated to the Police Officer class may be assigned to one of a number of functional areas within the Police Department; some of the duties assigned may, as determined by the Police Chief, require prior experience with the San Mateo Police Department.

SUPERVISION RECEIVED AND EXERCISED
General supervision is provided by a Police Sergeant. Technical or functional supervision may be provided by higher-level police personnel.

Assignments may require direct or indirect supervision of sworn and non-sworn personnel.

EXAMPLES OF DUTIES Depending upon assignment, duties may include, but are not limited to, the following:

Patrol and Traffic Safety
As a Patrol Officer, to patrol City in radio-equipped car or on foot; answer calls for the protection of life and property, and the enforcement of City, County, and State laws; may conduct both preliminary and follow-up investigations of disturbances, prowlers, burglaries, thefts, hold-ups, vehicle accidents, death, and other criminal incidents.

As a Motor Officer, to patrol the City on a motorcycle or in a radar-equipped patrol unit; respond to calls related to traffic incidents and any other required emergencies; observe, monitor and control routine and unusual traffic conditions; assist and advise motorists and enforce traffic safety laws.

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Make arrests as necessary; interview victims, complainants and witnesses; interrogate suspects; gather and preserve evidence; testify and present evidence in court.

Contact and cooperate with other law enforcement agencies in matters relating to the apprehension of offenders and the investigation of offenses.

Prepare reports of arrests made, activities performed, and unusual incidents observed.

Stop drivers who are operating vehicles in violation of laws; warn drivers against unlawful practices, issue citations and make arrests as necessary.

Check buildings for physical security.

Search, fingerprint, and transport prisoners.

Direct traffic at fire, special events, and other emergency or congested situations.

Maintain contact with citizens regarding potential law enforcement problems and preserve good relationships with the general public.

Assist in the performance of special investigative and crime prevention duties as required.

Serve warrants and subpoenas; retrieve and request information involving arrests and subpoenas; file complaints and perform other work related to the processing of misdemeanor and felony complaints.

As a Traffic Safety Motor Officer, patrol streets during designated times to control traffic safety conditions and enforce traffic safety laws; observe conditions and events which affect traffic safety and either take corrective actions or report such conditions and suggestions for improvement; operate a traffic safety motorcycle on City streets; respond to and investigate traffic accidents; provide traffic and pedestrian safety instruction to the public as assigned.

Administer first aid as necessary.

Investigator
Coordinate and conduct complete and detailed investigations of crimes involving juveniles and adults, crimes against persons and property, and crimes involving vice, gaming, and narcotics violations.

Participate in all normal enforcement activities including enforcing local and State laws, issuing citations, making arrests, administering first aid, and transporting prisoners.

Perform undercover and surveillance activities.

Prepare investigative reports and case information. Provide evidence and testimony in court.

Answer questions from the public concerning local State laws, procedures and activities of the Department.

Interview victims, complainants, witnesses, and suspects.

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Collect, preserve and maintain evidence and property found that is involved with suspected crimes.

Serve warrants and subpoenas.

Develop and maintain good relationships with the public, including informants and contacts that may helpful in criminal investigations.

QUALIFICATIONS
Ability to:

Observe accurately and remember faces, numbers, incidents, and places. Use and care for firearms.

Think and act quickly in emergencies, and judge situations and people accurately.

Learn, understand, and interpret laws and regulations.

Prepare accurate and grammatically correct written reports.

Learn standard broadcasting procedures of a police radio system.

Use modern police equipment and technology.

Operate office equipment, including computer equipment and software.

Establish and maintain cooperative working relationships with those contacted in the course of work.

Understand and carry out oral and written direction.

Meet the physical requirements established by the Department.

Experience and Education:

Any combination equivalent to experience and education that would provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

None required.

Education:

Equivalent to completion of an Associate’s degree from an accredited college.

License or Certificate:

Possession of a valid California driver’s license and appropriate license classification as required.

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Possession of a POST (Peace Officer Standards & Training) written examination certificate with a preferred T-Score of 52 or above and a passing score for the WSTB physical agility examination. Or possession of a National Testing Network Law Enforcement written examination certificate with a preferred score in the 90th percentile and a passing score for the WSTB physical agility examination.

Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training.

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services.

Government Code section 1031(g) permits departments to adopt additional and/or higher standards.

Age not less than 21-years-old at time of appointment to the rank of police officer.

Vision in each eye, correctable to at least 20/30.

Must pass a background investigation.

Must meet all Department medical, physical and psychological standards.

ADA Special Requirements
Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist, climb, and lift 50 Pounds: exposure to cold, heat, extreme noise, outdoors, confining work space, electrical hazards, chemicals, dust, toxic waste, mechanical hazards, and explosive materials.

ADOPTED CC: 7-08-81
REVISED CC: 5-07-01, 6-18-07, 4-03-23
FORMER TITLES:

BARGAINING UNIT: POLICE UNIT
FLSA: NON EXEMPT
DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: NO
JOB CODES: 4110
ABOLISHED:

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POLICE SERGEANT

DEFINITION
To assume responsibility of police field or office operations; to supervise and personally perform investigation, patrol and administrative duties as assigned; and to do related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from a Police Captain or Lieutenant.

Exercises direct supervision over lower level sworn and non-sworn personnel.

EXAMPLES OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:

As a Patrol Sergeant, supervise law enforcement activities during a shift; supervise and coordinate directed patrol activity; ensure proper care and maintenance of Department equipment.

As a Detective Sergeant, supervise and personally conduct complete and detailed investigations of general and specialized crimes; participate in undercover operations including surveillance and serving search warrants; review reports and make recommendations and suggestions to officers; coordinate investigations involving several officers, including narcotics investigations; and coordinate activities with other law enforcement agencies.

As a Community Policing Sergeant, plan, organize and implement the Neighborhood Watch Program, Business Alert program, School/Adult Education program, and other crime prevention programs.

Utilize community policing and problem oriented strategies to address community concerns.

As a Personnel and Training Sergeant, identify current training needs; coordinate training activities within and outside the department; coordinate the consolidation of training activities with other law enforcement agencies; coordinate recruitment and selection activities for entry level officers; perform a variety of related technical staff work.

Provide technical staff assistance to a Police Captain or Lieutenant involving such work activities as specialized project research, public information, legislative analysis, statistical analysis, and other activities.

Maintain discipline and ensure that department rules and policies are followed. Write thorough and complete evaluations of personnel.

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Assist officers in follow-up investigations and personally participate in investigations including the routine gathering of evidence, questioning of witness, and apprehension of suspects.

Evaluate operations and activities of assigned responsibility; recommend improvements and modifications; research and update policy and procedure guidelines.

Participate in all normal shift activities including enforcing local and State laws, issuing citations, making arrests, administering first aid, transporting prisoners, and providing on the scene supervision of hazardous materials incidents.

Assume command of police activities at emergencies until relieved by a superior officer. Function as on- site incident commander.

Assist officers in preparing reports in cases for trial and personally appear in court to present evidence and testimony; serve as liaison in civil trials as required.

Review reports submitted by officers; identify training needs; conduct in-service training.

Interview victims, complainants, witnesses and suspects; prepare investigation and other reports.

Contact and cooperate with other law enforcement agencies and prosecutors in matters relating to the investigation of crimes and the apprehensions of offenders.

Respond to citizen complaints and requests for information; conduct informal and formal complaint investigations as assigned.

Prepare reports of shift activity; analyze and synthesize a variety of data concerning activities and prepare reports and statistics.

Assist in budget preparation and administration.

Conduct uniform and equipment inspections.

Oversee building security.

May perform booking procedures and record keeping regarding jail prisoners.

Serve as Watch Commander as assigned.

Act as specialty team leader as assigned.

QUALIFICATIONS
Knowledge of:

Police methods and procedures, including patrol, crime prevention, community policing, traffic control, hazardous material control, investigation and identification techniques and equipment, jail operations, police records and reports, and first aid techniques.

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Pertinent Federal, State, and local laws, codes and regulations.

Criminal law with particular reference to the apprehension, arrest, and custody of persons committing misdemeanors and felonies, including rules of evidence pertaining to the search and seizure and the preservation of evidence in traffic and criminal cases.

Principles of supervision, training and performance evaluation.

Ability to:

Supervise, train and evaluate personnel.

Gather, assemble, analyze, evaluate and use facts and evidence.

Analyze situations and adopt effective courses of action.

Interpret and apply Federal, State and local policies, procedures, laws and regulations.

Use and care for firearms and other non-lethal weapons. Administer basic first aid.

Use modern police equipment and technology.

Operate office equipment, including computer equipment and software.

Observe accurately and remember faces, numbers, incidents and places.

Meet the physical requirements established by the Department.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain cooperative working relationships within the department, with other City departments, other government agencies, and with citizens contacted.

Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Four years of law enforcement experience at the level of Police Officer.

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Training:

Possess a minimum of an associate’s degree from an accredited college. with major course work in law enforcement or a related field.

License or Certificate
Possession of a valid California driver's license and appropriate license classification as required.

Possession of Basic P.O.S.T. Certificate. Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training.

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services. Government Code section 1031(g) permits departments to adopt additional and/or higher standards.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist, climb, and lift 50 pounds; exposure to cold, heat, extreme noise, outdoors, confining work space, electrical hazards, chemicals, dust, toxic waste, mechanical hazards, and explosive materials.

ADOPTED CC: 7-08-81
REVISED CC: 6-21-99, 5-07-01, 4-03-23
FORMER TITLES:

BARGAINING UNIT: SERGEANTS ASSOCIATION
FLSA: NON EXEMPT
DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: NO
JOB CODES: 7120
ABOLISHED:

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POLICE LIEUTENANT

DEFINITION
Under general direction, to serve as Division or Section Manager having direct administrative control over an assigned Division or Section; to supervise, plan and coordinate the activities and operations of an assigned Division or Section within the Police Department to coordinate assigned activities with other divisions, outside agencies, and the general public; and to provide highly responsible and complex staff assistance to Police Captains and the Police Chief.

SUPERVISION EXERCISED AND RECEIVED
Receives direction from a Police Captain or the Police Chief.

Exercises direct supervision over sworn, non-sworn, supervisory, professional, technical, and administrative support staff.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Coordinate the organization, staffing, and operational activities for an assigned Division or Section within the Police Department.

Participate in the development and implementation of goals, objectives, policies, and procedures for an assigned police operation or program; identify opportunities for improving police service delivery methods and procedures.

Select, train, motivate and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement disciplinary procedures.

Direct, plan, coordinate, assign, schedule, and review the work of an assigned police operation or program and staff members; assign cases and conduct follow-up status reviews; review daily log and reports submitted by officers; ensure compliance with Department policies and procedures.

Participate in the development and administration of an assigned budget; forecast additional funds needed for staffing, equipment, materials, and supplies; identify and pursue all appropriate funding sources available; monitor and approve expenditures; recommend adjustments as necessary.

Maintain discipline and enforce all rules, regulations and special or general orders.

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Conduct inspections of facilities and equipment to ensure proper use and maintenance and adherence to Department policies and procedures.

Coordinate assigned services and activities with those of other divisions and outside agencies and organizations; maintain and facilitate positive public relations and cooperative working relationships with news media, schools, local organizations and the general public; attend and speak at various community functions and meetings; prepare press releases.

Implement community oriented policing and problem solving as a philosophy and practice throughout the organization.

Maintain, manage, and activate specialty units (such as SWAT and HNT) as needed.

Exchange information with citizens; interview citizens regarding complaints or suggestions regarding police services.

Review all communications affecting the work of an assigned Division or Section.

Provide assistance to higher level staff; prepare and present staff reports and other necessary correspondence.

Conduct investigations of citizen and Department personnel complaints as assigned; mediate conflicts between Department personnel and citizens.

Assume command of police activities at emergencies until relieved by a superior officer; function as on-site incident commander for major field activities; supervise investigations, interviews, and interrogations in the field; personally conduct highly complex or sensitive investigations; oversee and participate in the collection and processing of evidence.

Maintain and prepare various records and reports.

Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of law enforcement; review new laws and ordinances; participate in training programs to improve professional skills.

Evaluate Department training needs and make recommendations; coordinate, develop, implement, and monitor training programs for the Department; oversee the FTO program.

Assume responsibility for station security and the welfare of all employees, visitors and prisoners.

Serve as Adjutant to Police Chief, including responsibility for public information, initiation and coordination of internal investigations, and special projects and assignments.

Administer and ensure completion of appropriate documentation regarding employee and prisoners.

Perform special assignments as assigned.

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OTHER JOB RELATED DUTIES
Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:

Operational characteristics, services and activities of comprehensive law enforcement program.

Modern principles and practices of law enforcement program development and administration.

Law enforcement theory, principles and practices and their application to a wide variety of services and programs.

Pertinent case law and Federal, State and local laws and ordinances and their impact on law enforcement activities.

Principles and practices of community oriented policing and problem solving.

Police records and reporting procedures.

Disaster preparedness and emergency operations.

Modern investigative methods, including interviewing and interrogation techniques.

Principles of budget preparation and control.

Principles of supervision, training and performance evaluation.

Local geography, City streets, public buildings, and businesses.

Skill to:

Use firearms and other weapons.

Use modern police equipment and technology
Operate modern office equipment, including computer equipment and software.

Employ first aid techniques.

Employ self-defense tactics.

Operate a motor vehicle safely.

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Ability to:

Manage and coordinate the work of sworn, non-sworn, supervisory, professional, technical, and administrative support personnel.

Select, supervise, train and evaluate staff.

Analyze problems; identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.

Interpret and apply case law, Federal, State, and local policies, procedures, laws, and regulations.

Analyze situations quickly and objectively and determine proper course of action.

Act decisively and calmly in emergencies.

Obtain information through interviews and interrogation.

Gather, assemble, analyze, evaluate and use facts and evidence.

Meet and deal with the public tactfully and effectively.

Show sensitivity to cultural differences.

Prepare and maintain accurate, complete records and reports.

Prepare and administer budgets.

Exercise good judgment, flexibility, creativity, and sensitivity in response to changing situations and needs.

Communicate clearly and concisely, both orally and in writing.

Maintain and build harmonious relationships across a range of work interactions.

Experience and Training Guidelines:

Any combination equivalent to experience and training that would likely provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Experience:

Five years of responsible law enforcement experience including three years of supervisory experience.

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Training:

Equivalents to a Bachelor’s degree from an accredited college or university with major course work in police science, criminology, public administration, or a related field.

License or Certificate:

Possession of, or ability to obtain within one year, a POST Advanced Certificate.

Possession of a POST Supervisory Certificate.

Possession of, or ability to obtain, an appropriate, valid California driver's license.

Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training..

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services.

Government Code section 1031(g) permits departments to adopt additional and/or higher standards.

Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, run, kneel, crouch, stoop, squat, crawl, twist, climb, and exert physical force to restrain or subdue individuals; exposure to cold, heat, violence, disease, dust, noise, odors, outdoors, toxic agents, vibration, confining workspace, chemicals, explosive or flammable materials, mechanical hazards, and electrical hazards; ability to distinguish color and sounds; ability to travel to different sites and locations; availability for shift work, on-call, and stand-by.

ADOPTED CC: 4-12-81
REVISED CC: 5-07-01, 4-03-23
FORMER TITLES:

BARGAINING UNIT: SAFETY MANAGEMENT ASSOCIATION
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2530
ABOLISHED:

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8 1
9 3

POLICE CAPTAIN

DEFINITION
To plan, direct, supervise, and coordinate the activities of a division or section of the Police Department; to provide highly responsible and technical staff assistance; to demonstrate a commitment to the implementation of community services principles; and to do related work as required.

SUPERVISION RECEIVED AND EXERCISED
General direction is provided by the Police Chief.

Responsibilities include direct supervision of sworn and non-sworn professional, technical and clerical personnel.

EXAMPLES OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:

Assist in the development of goals, objectives, policies and priorities.

Plan, direct, supervise and coordinate the activities of sworn and non-sworn personnel in preserving order, protecting life and property, and in enforcing laws and municipal ordinances as the operating manager of a major bureau.

Formulate rules, procedures, and policies and see that they are carried out.

Research modern police management methods, formulate and enforce rules, procedures and policies for efficient operation of a bureau.

Direct the implementation of in-service training programs for assigned personnel.

Review employee performance evaluations and take appropriate action where necessary.

Prepare and administer a Police Department bureau budget.

Confer with citizens and City officials on law enforcement problems and assist in the development of innovative municipal law enforcement practices.

Assist in coordinating law enforcement activities with the activities of other City departments and other law enforcement agencies.

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8 1
9 3
Supervise, train, and evaluate staff.

Serve as Acting Police Chief.

QUALIFICATIONS
Knowledge of:

Philosophy and principles of community services.

Modern principles, practices, and techniques of police administration, organization, and operation.

Technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, community policing, traffic control, juvenile delinquency control, record keeping, and care and custody of persons and property.

Laws, ordinances, and regulations affecting the work of the Department.

Ability to:

Implement principles of community services.

Communicate clearly and concisely, orally and in writing.

Effectively plan, direct, supervise, and coordinate the work of a division or section of the Police Department.

Direct and supervise lieutenants.

Work effectively as a member of the Department's management team.

Recommend and implement sound departmental policies.

Support and work with other City departments to provide total quality service to the community.

Properly interpret and make decisions in accordance with laws, regulations, and policies.

Use modern police equipment and technology.

Operate office equipment, including computer equipment and software.

Meet the physical requirements established by the Department.

Develop, support, and encourage employees in the advancement of their career.

Experience and Education
Any combination equivalent to experience and education that would likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities

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8 1
9 3
would be:

Experience:

Five years of broad and extensive experience in all major phases of municipal police work, preferably including one or more years of increasingly responsible management experience.

Education:

Equivalent to completion of a Bachelor's degree from an accredited college or university with a major course of study in police, public or business administration or a related field.

License or Certificate:

Possession of a valid California driver’s license and appropriate license classification as required.

Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training.

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S.

Citizenship and Immigration Services. Government Code section 1031(g) permits departments to adopt additional and/or higher standards.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to work in a standard office environment with some ability to sit, stand, and walk.

ADOPTED CC: 2-05-90
REVISED CC: 6-21-91, 5-07-01, 4-03-23
FORMER TITLES:

BARGAINING UNIT: SAFETY MANAGEMENT ASSOCIATION
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: YES
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2520
ABOLISHED:

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POLICE OFFICER TRAINEE

DEFINITION

To attend a Peace Officer Standards and Training (POST)-certified Basic Law Enforcement Academy and receive the academic and physical training resulting in graduation and certification required for appointment to the classification of Police Officer.

DISTINGUISHING CHARACTERISTICS

This is a non-sworn classification structured for incumbents hired for the purpose of becoming a sworn police officer. Police Officer Trainees are hired into this civilian position for the period prior and during the time they are assigned to a POST -certified Basic Law Enforcement Academy. Upon successful completion of training at the academy and upon the availability of a Police Officer position, Police Officer Trainees are sworn in and appointed to the classification of Police Officer. Police Officer Trainee benefits are limited to those of a civilian employee.

SUPERVISION RECEIVED AND EXERCISED

Receive general supervision from higher level supervisory or management staff and from training staff at a POST-certified Basic Law Enforcement Academy.

EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:

Attend a POST-certified Basic Law Enforcement Academy designed to provide an overview of the criminal justice system including knowledge of laws, police procedures, law enforcement techniques, first aid and physical fitness.

Receive training to develop an awareness of Police Department functions, as well as the responsibilities of Police Officers and how those responsibilities relate to field operations.

Perform related duties and responsibilities as assigned.

QUALIFICATIONS

Ability to:

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Successfully complete a POST-Basic Law Enforcement Academy including classroom instruction, physical agility and use of firearms.

Learn proper police procedures and methods.

Observe accurately and remember names, faces, numbers, incidents and places.

Think and act quickly in emergencies and to judge situations and people accurately.

Understand and interpret laws and regulations.

Prepare clear, concise, and comprehensive written reports.

Become proficient in self-defense techniques.

Become proficient in the care and use of firearms.

Follow oral and written instructions.

Deal courteously and effectively with the general public.

Experience and Education:

Any combination equivalent to experience and education that would provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

None required.

Education:

Equivalent to completion of the twelfth grade.

Equivalent to completion of an Associate’s degree from an accredited college.Experience and Training Guidelines

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

None required.

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Training:

Equivalent to completion of the twelfth grade.

60 units of credit from an accredited college or two years of Military Service in lieu of college is desirable.

Licenses and Certificates:

Possession of and ability to maintain a valid California Driver’s License.

Possession of a POST (Peace Officer Standards & Training) written examination certificate with a preferred T-Score of 52 or above and a passing score for the WSTB physical agility examination. Or possession of a National Testing Network Law Enforcement written examination certificate with a preferred score in the 90th percentile and a passing score for the WSTB physical agility examination.

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services. Government Code section 1031(g) permits de partments to adopt additional and/or higher standards.

A citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship (Government Code Para. 1031).

Age, not less than 21- years-old at time of appointment to the rank of police officer.

Vision in each eye, correctable to at least 20/30.

Must pass a background investigation.

Must meet all Department medical, physical and psychological standards.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist, climb, and lift 50

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pounds: exposure to cold, heat, extreme noise, outdoors, confining work space, electrical hazards, chemicals, dust, toxic waste, mechanical hazards, and explosive materials.

ADOPTED CC: 4-18-16
REVISED CC:

FORMER TITLES:

BARGAINING UNIT: POLICE UNIT
FLSA: NON EXEMPT
PERFORMANCE APPRAISAL: COMPLIANCE AND INSPECTION
DOT: NO
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: NO
JOB CODES: 4210
ABOLISHED:

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POLICE OFFICER

DEFINITION

To perform law enforcement and crime prevention work by utilizing community policing and problem oriented strategies; to control traffic flow and enforce State and local traffic regulations; to perform investigative work; to participate in and provide support and assistance to special department crime prevention and enforcement programs; and to do related work as assigned.

DISTINGUISHING CHARACTERISTICS

This is the entry-level classification in the professional police series requiring sworn peace officer status. Positions allocated to the Police Officer class may be assigned to one of a number of functional areas within the Police Department; some of the duties assigned may, as determined by the Police Chief, require prior experience with the San Mateo Police Department.

SUPERVISION RECEIVED AND EXERCISED

General supervision is provided by a Police Sergeant. Technical or functional supervision may be provided by higher-level police personnel.

Assignments may require direct or indirect supervision of sworn and non-sworn personnel.

EXAMPLES OF DUTIES Depending upon assignment, duties may include, but are not limited to, the following:

Patrol and Traffic Safety

As a Patrol Officer, to patrol City in radio-equipped car or on foot; answer calls for the protection of life and property, and the enforcement of City, County, and State laws; may conduct both preliminary and follow-up investigations of disturbances, prowlers, burglaries, thefts, hold-ups, vehicle accidents, death, and other criminal incidents.

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As a Motor Officer, to patrol the City on a motorcycle or in a radar-equipped patrol unit; respond to calls related to traffic incidents and any other required emergencies; observe, monitor and control routine and unusual traffic conditions; assist and advise motorists and enforce traffic safety laws.

Make arrests as necessary; interview victims, complainants and witnesses; interrogate suspects; gather and preserve evidence; testify and present evidence in court.

Contact and cooperate with other law enforcement agencies in matters relating to the apprehension of offenders and the investigation of offenses.

Prepare reports of arrests made, activities performed, and unusual incidents observed.

Stop drivers who are operating vehicles in violation of laws; warn drivers against unlawful practices, issue citations and make arrests as necessary.

Check buildings for physical security.

Search, fingerprint, and transport prisoners.

Direct traffic at fire, special events, and other emergency or congested situations.

Maintain contact with citizens regarding potential law enforcement problems and preserve good relationships with the general public.

Assist in the performance of special investigative and crime prevention duties as required.

Serve warrants and subpoenas; retrieve and request information involving arrests and subpoenas; file complaints and perform other work related to the processing of misdemeanor and felony complaints.

As a Traffic Safety Motor Officer, patrol streets during designated times to control traffic safety conditions and enforce traffic safety laws; observe conditions and events which affect traffic safety and either take corrective actions or report such conditions and suggestions for improvement; operate a traffic safety motorcycle on City streets; respond to and investigate traffic accidents; provide traffic and pedestrian safety instruction to the public as assigned.

Administer first aid as necessary.

Investigator

Coordinate and conduct complete and detailed investigations of crimes involving juveniles and adults, crimes against persons and property, and crimes involving vice, gaming, and narcotics violations.

Participate in all normal enforcement activities including enforcing local and State laws, issuing citations, makings arrests, administering first aid, and transporting prisoners.

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Perform undercover and surveillance activities.

Prepare investigative reports and case information. Provide evidence and testimony in court.

Answer questions from the public concerning local State laws, procedures and activities of the Department.

Interview victims, complainants, witnesses, and suspects.

Collect, preserve and maintain evidence and property found that is involved with suspected crimes.

Serve warrants and subpoenas.

Develop and maintain good relationships with the public, including informants and contacts that may helpful in criminal investigations.

QUALIFICATIONS

Ability to:

Observe accurately and remember faces, numbers, incidents, and places. Use and care for firearms.

Think and act quickly in emergencies, and judge situations and people accurately.

Learn, understand, and interpret laws and regulations.

Prepare accurate and grammatically correct written reports.

Learn standard broadcasting procedures of a police radio system.

Use modern police equipment and technology.

Operate office equipment, including computer equipment and software.

Establish and maintain cooperative working relationships with those contacted in the course of work.

Understand and carry out oral and written direction.

Meet the physical requirements established by the Department.

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Experience and Education:

Any combination equivalent to experience and education that would provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

None required.

Education:

Equivalent to completion of the twelfth grade.

Equivalent to completion of an Associate’s Arts degree from an accredited college.

License or Certificate:

Possession of a valid California driver’s license and appropriate license classification as required.

Possession of a POST (Peace Officer Standards & Training) written examination certificate with a preferred T-Score of 52 or above and a passing score for the WSTB physical agility examination. Or possession of a National Testing Network Law Enforcement written examination certificate with a preferred score in the 90th percentile and a passing score for the WSTB physical agility examination.

Possession of a POST (Peace Officer Standards & Training) Written Examination Certificate with a T-Score of 52 or above .

Possession of a POST (Peace Officer Standards & Training) Physical Agility Certificate.

Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training.

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services. Government Code section 1031(g) permits de partments to adopt additional and/or higher standards.

Age not less than 21-years-old at time of appointment to the rank of police officer.

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Vision in each eye, correctable to at least 20/30.

Must pass a background investigation.

Must meet all Department medical, physical and psychological standards.

ADA Special Requirements
Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist, climb, and lift 50 Pounds: exposure to cold, heat, extreme noise, outdoors, confining work space, electrical hazards, chemicals, dust, toxic waste, mechanical hazards, and explosive materials.

ADOPTED CC: 7-08-81
REVISED CC: 5-07-01, 6 -18-07
FORMER TITLES:

BARGAINING UNIT: POLICE UNIT
FLSA: NON EXEMPT
DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: NO
JOB CODES: 4110
ABOLISHED:

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POLICE SERGEANT

DEFINITION

To assume responsibility of police field or office operations; to supervise and personally perform investigation, patrol and administrative duties as assigned; and to do related work as required.

SUPERVISION RECEIVED AND EXERCISED

Receives direction from a Police Captain or Lieutenant.

Exercises direct supervision over lower level sworn and non-sworn personnel.

EXAMPLES OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:

As a Patrol Sergeant, supervise law enforcement activities during a shift; supervise and coordinate directed patrol activity; ensure proper care and maintenance of Department equipment.

As a Detective Sergeant, supervise and personally conduct complete and detailed investigations of general and specialized crimes; participate in undercover operations including surveillance and serving search warrants; review reports and make recommendations and suggestions to officers; coordinate investigations involving several officers, including narcotics investigations; and coordinate activities with other law enforcement agencies.

As a Community Policing Sergeant, plan, organize and implement the Neighborhood Watch Program, Business Alert program, School/Adult Education program, and other crime prevention programs.

Utilize community policing and problem oriented strategies to address community concerns.

As a Personnel and Training Sergeant, identify current training needs; coordinate training activities within and outside the department; coordinate the consolidation of training activities with other law enforcement agencies; coordinate recruitment and selection activities for entry level officers; perform a variety of related technical staff work.

Provide technical staff assistance to a Police Captain or Lieutenant involving such work activities as

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specialized project research, public information, legislative analysis, statistical analysis, and other activities.

Maintain discipline and ensure that department rules and policies are followed. Write thorough and complete evaluations of personnel.

Assist officers in follow -up investigations and personally participate in investigations including the routine gathering of evidence, questioning of witness, and apprehension of suspects.

Evaluate operations and activities of assigned responsibility; recommend improvements and modifications; research and update policy and procedure guidelines.

Participate in all normal shift activities including enforcing local and State laws, issuing citations, making arrests, administering first aid, transporting prisoners, and providing on the scene supervision of hazardous materials incidents.

Assume command of police activities at emergencies until relieved by a superior officer. Function as on- site incident commander.

Assist officers in preparing reports in cases for trial and personally appear in court to present evidence and testimony; serve as liaison in civil trials as required.

Review reports submitted by officers; identify training needs; conduct in-service training.

Interview victims, complainants, witnesses and suspects; prepare investigation and other reports.

Contact and cooperate with other law enforcement agencies and prosecutors in matters relating t o the investigation of crimes and the apprehensions of offenders.

Respond to citizen complaints and requests for information; conduct informal and formal complaint investigations as assigned.

Prepare reports of shift activity; analyze and synthesize a variety of data concerning activities and prepare reports and statistics.

Assist in budget preparation and administration.

Conduct uniform and equipment inspections.

Oversee building security.

May perform booking procedures and record keeping regarding jail prisoners.

Serve as Watch Commander as assigned.

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Act as specialty team leader as assigned.

QUALIFICATIONS

Knowledge of:

Police methods and procedures, including patrol, crime prevention, community policing, traffic control, hazardous material control, investigation and identification techniques and equipment, jail operations, police records and reports, and first aid techniques.

Pertinent Federal, State, and local laws, codes and regulations.

Criminal law with particular reference to the apprehension, arrest, and custody of persons committing misdemeanors and felonies, including rules of evidence pertaining to the search and seizure and the preservation of evidence in traffic and criminal cases.

Principles of supervision, training and performance evaluation.

Ability to:

Supervise, train and evaluate personnel.

Gather, assemble, analyze, evaluate and use facts and evidence.

Analyze situations and adopt effective courses of action.

Interpret and apply Federal, State and local policies, procedures, laws and regulations.

Use and care for firearms and other non-lethal weapons. Administer basic first aid.

Use modern police equipment and technology.

Operate office equipment, including computer equipment and software.

Observe accurately and remember faces, numbers, incidents and places.

Meet the physical requirements established by the Department.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain cooperative working relationships within the department, with other City departments, other government agencies, and with citizens contacted.

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Experience and Training Guidelines

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Four years of law enforcement experience at the level of Police Officer.

Training:

Possess a minimum of an associate’s degree from an accredited college.Equivalent to completion of an Associate Arts degree from an accredited college with major course work in law enforcement or a related field.

License or Certificate

Possession of a valid California driver's license and appropriate license classification as required.

Possession of Basic P.O.S.T. Certificate.

Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training.

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services. Government Code section 1031(g) permits departments to adopt additional and/or higher standards.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist, climb, and lift 50 pounds; exposure to cold, heat, extreme noise, outdoors, confining work space, electrical hazards, chemicals, dust, toxic waste, mechanical hazards, and explosive materials.

ADOPTED CC: 7-08-81
REVISED CC: 6-21-99, 5 -07-01
FORMER TITLES:

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BARGAINING UNIT: SERGEANTS ASSOCIATION
FLSA: NON EXEMPT
DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: NO
JOB CODES: 7120
ABOLISHED:

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POLICE LIEUTENANT

DEFINITION

Under general direction, to serve as Division or Section Manager having direct administrative control over an assigned Division or Section; to supervise, plan and coordinate the activities and operations of an assigned Division or Section within the Police Department to coordinate assigned activities with other divisions, outside agencies, and the general public; and to provide highly responsible and complex staff assistance to Police Captains and the Police Chief.

SUPERVISION EXERCISED AND RECEIVED

Receives direction from a Police Captain or the Police Chief.

Exercises direct supervision over sworn, non -sworn, supervisory, professional, technical, and administrative support staff.

EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES

Coordinate the organization, staffing, and operational activities for an assigned Division or Section within the Police Department.

Participate in the development and implementation of goals, objectives, policies, and procedures for an assigned police operation or program; identify opportunities for improving police service delivery methods and procedures.

Select, train, motivate and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement disciplinary procedures.

Direct, plan, coordinate, assign, schedule, and review the work of an assigned police operation or program and staff members; assign cases and co nduct follow-up status reviews; review daily log and reports submitted by officers; ensure compliance with Department policies and procedures.

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Participate in the development and administration of an assigned budget; forecast additional funds needed for staffing, equipment, materials, and supplies; identify and pursue all appropriate funding sources available; monitor and approve expenditures; recommend adjustments as necessary.

Maintain discipline and enforce all rules, regulations and special or general orders.

Conduct inspections of facilities and equipment to ensure proper use and maintenance and adherence to Department policies and procedures.

Coordinate assigned services and activities with those of other divisions and outside agencies and organizations; maintain and facilitate positive public relations and cooperative working relationships with news media, schools, local organizations and the general public; attend and speak at various community functions and meetings; prepare press releases.

Implement community oriented policing and problem solving as a philosophy and practice throughout the organization.

Maintain, manage, and activate specialty units (such as SWAT and HNT) as needed.

Exchange information with citizens; interview citizens regarding complaints or suggestions regarding police services.

Review all communications affecting the work of an assigned Division or Section.

Provide assistance to higher level staff; prepare and present staff reports and other necessary correspon- dence.

Conduct investigations of citizen and Department personnel complaints as assigned; mediate conflicts between Department personnel and citizens.

Assume command of police activities at emergencies until relieved by a superior officer; function as on- site incident commander for major field activities; supervise investigations, interviews, and interrogations in the field; personally conduct highly complex or sensitive investigations; oversee and participate in the collection and processing of evidence.

Maintain and prepare various records and reports.

Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of law enforcement; review new laws and ordinances; participate in training programs to improve professional skills.

Evaluate Department training needs and make recommendations; coordinate, develop, implement, and monitor training programs for the Department; oversee the FTO program.

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Assume responsibility for station security and the welfare of all employees, visitors and prisoners.

Serve as Adjutant to Police Chief, including responsibility for public information, initiation and coordination of internal investigations, and special projects and assignments.

Administer and ensure completion of appropriate documentation regarding employee and prisoners.

Perform special assignments as assigned.

OTHER JOB RELATED DUTIES

Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS

Knowledge of:

Operational characteristics, services and activities of comprehensive law enforcement program.

Modern principles and practices of law enforcement program development and administration.

Law enforcement theory, principles and practices and their application to a wide variety of services and programs.

Pertinent case law and Federal, State and local laws and ordinances and their impact on law enforcement activities.

Principles and practices of community oriented policing and problem solving.

Police records and reporting procedures.

Disaster preparedness and emergency operations.

Modern investigative methods, including interviewing and interrogation techniques.

Principles of budget preparation and control.

Principles of supervision, training and performance evaluation.

Local geography, City streets, public buildings, and businesses.

Skill to:

Use firearms and other weapons.

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Use modern police equipment and technology

Operate modern office equipment, including computer equipment and software.

Employ first aid techniques.

Employ self-defense tactics.

Operate a motor vehicle safely.

Ability to:

Manage and coordinate the work of sworn, non-sworn, supervisory, professional, technical, and administrative support personnel.

Select, supervise, train and evaluate staff.

Analyze problems; identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.

Interpret and apply case law, Federal, State, and local policies, procedures, laws, and regulations.

Analyze situations quickly and objectively and determine proper course of action.

Act decisively and calmly in emergencies.

Obtain information through interviews and interrogation.

Gather, assemble, analyze, evaluate and use facts and evidence.

Meet and deal with the public tactfully and effectively.

Show sensitivity to cultural differences.

Prepare and maintain accurate, complete records and reports.

Prepare and administer budgets.

Exercise good judgment, flexibility, creativity, and sensitivity in response to changing situations and needs.

Communicate clearly and concisely, both orally and in writing.

Maintain and build harmonious relationships across a range of work interactions.

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Experience and Training Guidelines:

Any combination equivalent to experience and training that would likely provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Experience:

Five years of responsible law enforcement experience including three years of supervisory experience.

Training:

Equivalents to a Bachelor’s degree from an accredited college or university with major course work in police science, criminology, public administration, or a related field.

License or Certificate:

Possession of, or ability to obtain within one year, a POST Advanced Certificate.

Possession of a POST Supervisory Certificate.

Possession of, or ability to obtain, an appropriate, valid California driver's license.

Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training..

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services. Government Code section 1031(g) permits departments to adopt additional and/or higher standards.

Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, run, kneel, crouch, stoop, squat, crawl, twist, climb, and exert physical force

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to restrain or subdue individuals; exposure to cold, heat, violence, disease, dust, noise, odors, outdoors, toxic agents, vibration, confining workspace, chemicals, explosive or flammable materials, mechanical hazards, and electrical hazards; ability to distinguish color and sounds; ability to travel to different sites and locations; availability for shift work, on-call, and stand-by.

ADOPTED CC: 4-12-81
REVISED CC: 5-07-01
FORMER TITLES:

BARGAINING UNIT: SAFETY MANAGEMENT ASSOCIATION
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2530
ABOLISHED:

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POLICE CAPTAIN

DEFINITION

To plan, direct, supervise, and coordinate the activities of a division or section of the Police Department; to provide highly responsible and technical staff assistance; to demonstrate a commitment to the implementation of community services principles; and to do related work as required.

SUPERVISION RECEIVED AND EXERCISED

General direction is provided by the Police Chief.

Responsibilities include direct supervision of sworn and non-sworn professional, technical and clerical personnel.

EXAMPLES OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:

Assist in the development of goals, objectives, policies and priorities.

Plan, direct, supervise and coordinate the activities of sworn and non-sworn personnel in preserving order, protecting life and property, and in enforcing laws and municipal ordinances as the operating manager of a major bureau.

Formulate rules, procedures, and policies and see that they are carried out.

Research modern police management methods, formulate and enforce rules, procedures and policies for efficient operation of a bureau.

Direct the implementation of in-service training programs for assigned personnel.

Review employee performance evaluations and take appropriate action where necessary.

Prepare and administer a Police Department bureau budget.

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Confer with citizens and City officials on law enforcement problems and assist in the development of innovative municipal law enforcement practices.

Assist in coordinating law enforcement activities with the activities of other City departments and other law enforcement agencies.

Supervise, train, and evaluate staff.

Serve as Acting Police Chief.

QUALIFICATIONS

Knowledge of:

Philosophy and principles of community services.

Modern principles, practices, and techniques of police administration, organization, and operation.

Technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, community policing, traffic control, juvenile delinquency control, record keeping, and care and custody of persons and property.

Laws, ordinances, and regulations affecting the work of the Department.

Ability to:

Implement principles of community services.

Communicate clearly and concisely, orally and in writing.

Effectively plan, direct, supervise, and coordinate the work of a division or section of the Police Department.

Direct and supervise lieutenants.

Work effectively as a member of the Department's management team.

Recommend and implement sound departmental policies.

Support and work with other City departments to provide total quality service to the community.

Properly interpret and make decisions in accordance with laws, regulations, and policies.

Use modern police equipment and technology.

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Operate office equipment, including computer equipment and software.

Meet the physical requirements established by the Department.

Develop, support, and encourage employees in the advancement of their career.

Experience and Education

Any combination equivalent to experience and education that would likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Five years of broad and extensive experience in all major phases of municipal police work, preferably including one or more years of increasingly responsible management experience.

Education:

Equivalent to completion of a Bachelor's degree from an accredited college or university with a major course of study in police, public or business administration or a related field.

License or Certificate:

Possession of a valid California driver’s license and appropriate license classification as required.

Must maintain a current peace officer certification from the Commission on Peace Officer Standards and Training.

Necessary Special Qualifications:

Free of any felony convictions.

Effective January 1, 2023, peace officers must be legally authorized to work in the United States under federal law. There are no specific citizenship requirements per Senate Bill 2. California Government Code Section 1031(h) limits employment authorization documents to those consistent with Section 274a.2 of Title 8 of the Code of Federal Regulations. Specific documentation requirements can be found on the I-9, Employment Eligibility Verification form issued by the U.S. Citizenship and Immigration Services. Government Code section 1031(g) permits departments to adopt additional and/or higher standards.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

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Ability to work in a standard office environment with some ability to sit, stand, and walk.

ADOPTED CC: 2-05-90
REVISED CC: 6-21-91, 5-07-01
FORMER TITLES:

BARGAINING UNIT: SAFETY MANAGEMENT ASSOCIATION
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: YES
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2520
ABOLISHED:

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 26-3111 File ID: 23-7274 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: April 03, 2023
SUBJECT:

Cannon Design Group for On-Call Design Review Services – Agreement RECOMMENDATION:

Approve an agreement with Cannon Design Group for architectural design review and other related services in an amount not to exceed $500,000, and authorize the Community Development Director to execute the agreement in substantially the form presented.

BACKGROUND:

The Community Development Department (CDD) frequently utilizes consultants to provide various specialized professional services to support the processing of planning applications. Given the volume of planning applications that CDD receives and processes, staff works with consultants on an as-needed basis based on the complexity and specific needs of an application. To expand the group of consultants available to support the planning application review process, CDD issued a request for qualifications (RFQ) in fall of 2022 to identify firms interested in and qualified to provide various specialized planning support services on an on-call basis. The specialized services identified in the RFQ included environmental review, architectural design review, historical review, economic analysis, and archaeological consultants.

The RFQ identified several areas where CDD anticipated needs based on the current applications in the pipeline, or past precedent, and allowed interested firms to submit statements of qualifications for any or all of those identified needs. One of the most-frequently utilized services is third-party design review, which is required for larger new development applications that meet certain thresholds per a City Council resolution that was adopted in 1996 (Attachment 2). The City received four responses for this particular service, primarily from urban design and planning firms, and evaluated those submissions based on the firms’ understanding of the work involved, prior experience and qualifications, quality and technical ability of the proposed staff, and pricing structure. Ultimately, CDD staff determined that only one of the four firms, Cannon Design Group, was qualified to provide the architectural design review service required by the City. The other three firms were qualified to provide urban design and planning services but did not have architectural staff that were specifically qualified to provide third-party design review services.

Larry Cannon of Cannon Design Group has provided architectural design services to the City for over 15 years and is well versed in the City’s design review guidelines and zoning requirements and has a strong depth of knowledge of the City’s development history. Therefore, staff is recommending that the City continue to utilize Cannon Design Group to provide on-call design review services. The term of the agreement would be for five years, ending on June 30, 2028, and has a not- to-exceed amount of $500,000 (Attachment 1).

BUDGET IMPACT:

For this agreement, there is no budgetary impact because design review services are related to specific planning applications and paid for by the applicant. Should any of the work performed be related to City projects, it will be

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accounted for within CDD’s annual operating budget.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement with Cannon Design Group
Att 2 - 1996 Design Review Resolution

STAFF CONTACT
Manira Sandhir, Planning Manager
[email protected]
650-522-7203

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AGREEMENT WITH CANNON DESIGN GROUP

FOR DESIGN PROFESSIONAL SERVICES
FOR

DESIGN REVIEW AND OTHER RELATED SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and CANNON DESIGN GROUP, a S corporation (“CONSULTANT”), whose address is 700 Larkspur Landing Circle, Suite 199, Larkspur, CA 94939.

RECITALS:

A. CITY desires certain professional design review services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these professional design review services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

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

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

CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on April 4, 2023 and be completed on June 30, 2028.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $500,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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

SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any

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applicable law or ordinance.

SECTION 16 – SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Manira Sandhir
City of San Mateo
330 W. 20th Ave.

San Mateo, CA 94403
To CONSULTANT: Cannon Design Group
Attn: Larry Cannon
700 Larkspur Landing Circle, Suite 199
Larkspur, CA 94939
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Christina Horrisberger
Community Development Director
Date Larry Cannon
Its Authorized Agent
Date

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
Conduct independent architectural design review services for commercial, residential, and mixed-use planning applications to evaluate and assess compliance with the City’s architectural design and site development standards.

Consult with staff to resolve any outstanding design issues and interpretation of design standards and recommendations.

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EXHIBIT B

PAYMENT RATES
Personnel: Larry Cannon $175 per hour
Expenses: Cost plus 15%
No subconsultants are anticipated.

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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.

CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 26-3125 File ID: 23-7301 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: April 03, 2023
SUBJECT:

California Automated Permit Processing (CalAPP) Program – Grant Acceptance RECOMMENDATION:

Adopt a Resolution to accept a grant of $80,000 from the California Energy Commission Grant Program for the implementation of expedited review and automated permit processing for eligible solar energy system permits; and authorize the City Manager to execute all required documents in substantially the form presented.

BACKGROUND:

California Senate Bill 379 (2021-22) requires every city and county to implement an online, automated permitting platform that verifies code compliance and issues permits in real time or allows the jurisdiction to issue permits in real time for a residential solar energy system, which can include collection, distribution and/or storage, that is no larger than 38.4 kilowatts. State law requires local jurisdictions with populations greater than 50,000 that are not otherwise exempt to satisfy these requirements by September 30, 2023. California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for local jurisdictions (cities and counties) to establish online solar permitting. The City applied for a CEC grant in December 2022. The City was added to the list of approved jurisdictions on December 29, 2022.

The proposed grant funding is critical to provide reimbursement costs of staff time so there is no cost to the City to implement this program. In anticipation of the legislative deadline, staff began working on the development of the design and integration of the CalAPP Program software at the beginning of 2023. The intent is to ensure that the training, implementation, and any design constraints are addressed for compliance within the timeline established in SB 379.

Implementation of the CalAPP software is intended to reduce City costs and staff time to issue solar permits and to simplify the application and permitting process for applicants and property owners.

BUDGET IMPACT:

There will be no fiscal impact to the City to implement and use the CalAPP software. All costs associated with staff time for the development, training, and implementation of the CalAPP program will be reimbursed by the CEC grant program, up to the grant cap of $80,000. The costs related to development, training of staff, and implementation are anticipated to be within the amount of the grant fund.

ENVIRONMENTAL DETERMINATION:

Acceptance of the grant and implementation of the CalAPP program is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

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NOTICE PROVIDED:

All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – CalAPP Grant Agreement
Att 3 – Exhibit A - CalAPP Program Terms and Conditions Att 4 – Exhibit B - CalAPP Program Terms and Conditions Att 5 – Exhibit C - Contacts List APP-22-049

STAFF CONTACT
Michael Titsworth, Building Official
[email protected]
(650) 522-7195

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
ADOPT A RESOLUTION FOR THE ACCEPTANCE OF FUNDING IN THE AMOUNT OF $80,000 FROM THE CALIFORNIA ENERGY COMMISSION GRANT PROGRAM (SB 129) FOR THE IMPLEMENTATION OF EXPEDITED

REVIEW AND AUTOMATED PERMIT PROCESSING FOR ELIGIBLE SOLAR PV PERMITS KNOWN AS CALIFORNIA AUTOMATED PERMIT PROCESSING (CALAPP) PROGRAM (SB379)
WHEREAS, SB 379 requires the City to implement an online, automated permitting platform that verifies code compliance and issues permits in real time for eligible residential solar energy systems (“Project”); and WHEREAS, SB 129 authorized the Legislature and Governor of the State of California to provide funds for implementation of the California Automated Permit Processing (CalAPP) Program; and WHEREAS, SB 129 delegated the California Energy Commission with the responsibility of establishing the necessary procedures for administration of this grant program; and WHEREAS, On December 8, 2022, the City applied for and was awarded grant funding from the CalAPP Program for the Project; and
WHEREAS, the City will develop a process to integrate the automated platform with existing permit software; and
WHEREAS, the City will implement training and education for the integration and use of the automated platform system; and
WHEREAS, the City as the Applicant as awarded, will enter into an agreement with the State of California Energy Commission; and
WHEREAS, the City has the legal authority to enter into a funding agreement with the State of California Energy Commission.

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

1. Pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City Manager, or designee, is authorized and directed to prepare and file an application for funding with the California Energy Commission and take such other actions necessary or appropriate to obtain grant funding.

2. The City is committed to the implementation and completion of the Project, consistent with the criteria for the grant funding.

3. The City Manager, or designee, is authorized and directed to execute the funding agreement with the California Energy Commission and any amendments thereto.

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4. The City Manager, or designee, is authorized and directed to submit any required documents, funding requests, and reports required to obtain the grant funding.

5. The City certifies that the Project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and that prior to commencement of the Project, all applicable permits will have been obtained.

6. The City Manager, or designee, is authorized to take any other actions necessary to give effect to this resolution.

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STATE OF CALIFORNIA

GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION
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RECIPIENT AGREEMENT NUMBER
City of San Mateo APP-22-049

ADDRESS AGREEMENT TERM
12/09/2022 to 05/31/2027
330 W 20th Avenue
San Mateo, CA 94403
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.

PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5 Exhibit C – Contact List Page(s): 1

REIMBURSABLE AMOUNT
$ 80,000

MINIMUM MATCH SHARE REQUIRED
$ 0

TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$ 80,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION CONTRACTOR

AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
April 3, 2023

NAME NAME
Drew

Adrienne Winuk Drew Corbett

TITLE TITLE
Contracts, Grants, and Loans Office Manager City Manager

CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814

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CalAPP Attachment 01
ATTACHMENT 01
Grant Application Form – EXHIBIT A
California Automated Permit Processing (CalAPP) Program

1. APPLICANT INFORMATION (REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):

Jurisdiction Type (select one):

City County City and County
Current Estimated Population State of California Department of Finance Demographics (https://dof.ca.gov/forecasting/Demographics/):

Less than 50,000
From 50,000 to 99,999
From 100,000 to 200,000
Greater than 200,000
Project Manager
(serves as point
of contact for all
communications)
Name
Street Address
City and
Zip Code
Phone Number
E-Mail Address

2. FUNDING (REQUIRED)
Assigned Maximum Grant Amount (select one)
Group 1 ($40,000): Population less than 50,000
Group 2 ($60,000): Population from 50,000 to 99,999
Group 3 ($80,000): Population from 100,000 to 200,000
Group 4 ($100,000): Population greater than 200,000
City of San Mateo
(650) 522-7195
[email protected]
Michael Titsworth
330 W 20th Ave
San Mateo
94403

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CalAPP Attachment 01

3. PROJECT INFORMATION (REQUIRED)
A. Online, automated solar permitting platform to be adopted:

SolarAPP+
Other. If selected, complete Section 4 (“Additional Information”) B. Please select allowable budget item(s) anticipated to be used (Select at least one):

Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
Ongoing staff training and education, specific to the platform Ongoing training events for local installers, specific to the platform Essential hardware or equipment necessary to support adoption of the platform
Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity Date (Month/Year)
Begin Development/Pilot
Full Adoption
Staff Training
Training for Local Installers
December 2022
September 2023
May 2023
June 2023

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CalAPP Attachment 01

4. ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.

Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Yes No
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Yes No Supports immediate generation of a permit job card following payment confirmation Yes No
Blocks noncompliant applications from receiving a permit Yes No EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use Yes No

5. REPORTING (REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.

Please indicate your acceptance of these terms.

Yes No

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CalAPP Attachment 01

6. CERTIFICATION (REQUIRED)
• I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
• I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Authorized
Representative:

Title:

Phone Number:

E-mail Address:

Date:

Signature of
Authorized
Representative:

NOTE: Do not overlap signature with surrounding border lines.

Michael Titsworth
12/8/2022
Building Official
(650) 522-7195
[email protected]

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Exhibit B
California Automated Permit Processing (CalAPP) Program Terms and Conditions

1. Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

2. Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:

A. Grant Funding Opportunity (GFO) 21-402.

B. Recipient’s application to CalAPP.

As between the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.

3. Budget, Invoices, and Payments
a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.

The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense. d) Unallowable costs include:
•Software not related to the adoption of a qualifying online, automated permitting platform. •Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended.

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•Typically excluded items such as food and beverages.
•Advertising costs.
•Fines and penalties.
•Permit processing fees charged by operator of an online platform. •All other costs not identified as allowable.
•Unreasonable amounts or rates.

4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.

5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.

The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

6. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a).

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2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:
• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project.

In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.

Access to Sites and Records.

9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing

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wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.

10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.

11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.

12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.

13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.

14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.

15. Waiver
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.

16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.

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17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.

19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
•8. Accounting and Audit
•9. Public Works
•10. Intellectual Property
•12. Governing Law
•14. Severability
•15. Waiver
•16. Access to Sites and Records
•18. Third-Party Beneficiary

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Exhibit C

CONTACT LIST
January 2023 Page 1 of 1 APP-22-049
City of San Mateo
California Energy Commission Recipient
Commission Agreement Manager:

Lucio Hernandez
California Energy Commission
716 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 477-1799
e-mail: [email protected]
Project Manager:

Michael Titsworth - Building Official
City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
Phone: (650) 522-7195
e-mail: [email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:

Christina Horrisberger – CDD Director
City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
Phone: (650) 522-7210
e-mail: [email protected]

Invoices, Progress Reports and Non-
Confidential Deliverables to:

California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:

Michael Titsworth – Accounting Manager
City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
Phone: (650) 522-7195
e-mail: [email protected]
Legal Notices:

Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
Recipient Legal Notices:

Office of City Attorney
City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
Phone: (650) 522-7020
e-mail:

[email protected]

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 10-3133 File ID: 23-7324 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: April 03, 2023
SUBJECT:

Purchase First Time Homebuyer Unit – Supplemental Budget Appropriation RECOMMENDATION:

Adopt a Resolution to approve an appropriation of up to $368,400 of restricted fund balance from the City Housing Fund for the purchase, closing costs, minor home repairs and a subordinate loan for a First Time Homebuyer unit located at 211 S. Fremont Street, #406 with a net-zero impact to the General Fund and authorize the City Manager to execute all documents required to effectuate the transaction.

BACKGROUND:

The City of San Mateo established a First Time Homebuyer (FTB) program in 1988 with 78 condominium units at Meadow Court, followed by 96 units at Gateway Commons in 1989. These two condominium projects were sponsored and subsidized by the City through the dedication of land, in partnership with nonprofit developers MidPen Housing and BRIDGE Housing. The purpose of the FTB program is to promote home ownership opportunities for low- and moderate- income households and to preserve ongoing affordability for future buyers upon resale of the units.

Units in the FTB program rely on recorded affordability restriction documents, which set sales price restrictions and give the City the first option to purchase upon resale in order to ensure another eligible buyer purchases the unit at an affordable price. The executed agreements give the City the first option to purchase. Typically, when a unit becomes available for sale, the City exercises its option to purchase and assigns that option directly to a new buyer; therefore, the sales agreement is executed by the seller and the new buyer. However, in unique circumstances, the City will purchase the unit directly and then resell it to a new buyer. This is done in situations where the City determines it is necessary to avoid losing the subsidized unit to the open market. The last City purchase and subsequent resale was in 2019.

The unit at 211 S. Fremont Street, #406 is located in the Gateway Commons condominium project. The unit was purchased by the original homeowner in 1997. In 2022, the original homeowner passed away and a family member was appointed as the executor for the sale of the unit. The executor has not made mortgage payments since the original homeowner passed away. Due to nonpayment of the mortgage from the time that the original homeowner passed away to present, the mortgage is in default and at risk of foreclosure if the default is not cured by April 18, 2023. A new income eligible homebuyer has been identified and was in the process of acquiring a loan through Silicon Valley Bank. On March 10, 2023, it was announced that Silicon Valley Bank had collapsed, which brings a level of uncertainty to the ability of the homebuyer to close the sale by the April 18, 2023 deadline.

Silicon Valley Bank was involved in another recent FTB resale and funded a loan on March 14, 2023 because the loan was considered to be in the pipeline. However, due to the uncertainty of Silicon Valley Bank’s continued operations, it is not

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known if they will fund the loan to enable the resale of the subject unit at 211 S. Fremont St. #406. The Community Development Department wishes to have a contingency plan in place to purchase the unit and then resell it to an income eligible buyer in the case that Silicon Valley Bank does not fund this loan. The expenditure would be temporary, as the City will be able to recapture the costs to purchase the unit, less closing costs, additional funds for the subordinate loan and any necessary minor home repairs, upon resale to a qualified homebuyer. At the time that the unit was purchased in 1997, the homeowner was given a $50,000 subordinate loan from the City to assist with the purchase of the unit as is the practice in the FTB program. The loan accrued interest for the first 20 years. Per the terms of the recorded affordability restriction agreement, however, at year 21, the loan went into forgiveness, meaning that 10% of the loan and accrued interest is forgiven on an annual basis until no amount due remains.

The current loan balance is $20,000. The subordinate loan proceeds of $50,000 are typically rolled over into a new subordinate loan for the new buyer; however, in this situation only $20,000 is available for the new homebuyer. The City will need to provide an additional $30,000 to the new homebuyer so that they receive the full $50,000 loan. The $30,000 contribution is necessary even if the City does not proceed with purchasing the unit because the primary loan amount is based on the City subordinate loan of $50,000. The City will only proceed with directly purchasing the subject property in the case that Silicon Valley Bank does not fund the loan, or the new buyer is unable to secure a loan with another lending institution to be able to close by the deadline.

The City Manager or their designee is authorized to purchase affordable ownership residential units in the City, per Section

3.62.020 of the San Mateo Municipal Code, at the purchase price prescribed in the applicable affordability agreement for purposes of resale to a qualified buyer. The City Manager has the authority to purchase the subject unit for the purchase price of $334,400 based on Section 3.62.020 of the Municipal Code, but approval is needed for additional expenses related to the transaction, which include an estimated $19,000 for home repairs, $15,000 for closing costs and $30,000 for the subordinate loan. In the case that the City proceeds with purchasing the unit, the $30,000 contribution for the subordinate loan will be deducted from the City’s proceeds, which would be $304,400; therefore, no additional funds are needed for the City to provide the additional funds for the subordinate loan. The total appropriation needed is $368,400. Table 1 summarizes the City’s contribution by scenario. Scenario 1 is if Silicon Valley Bank (or another financial institution) funds the loan and Scenario 2 is if the City purchases and resells the unit.

Table 1. City Contribution Scenarios
Scenario 1: Silicon
Valley Bank Loan
Scenario 2: City
Purchase/Resale
Unit Purchase $0 $334,400
Home Repairs $0 $19,000
Closing Costs $0 $15,000
Additional Contribution
for Subordinate Loan
$30,000 ($30,000)[1]
Total City Contribution $30,000 $368,400
City Balance Remaining $338,400 $0
Resale Proceeds N/A $304,400
[1] In this scenario, the $30,000 contribution would be subtracted from the City’s resale proceeds.

BUDGET IMPACT:

There is no net impact to the General Fund for the purchase of this unit, as it will be paid through the City Housing Fund (Fund 250) and is a temporary expenditure because the amount expended to purchase the unit will be recaptured upon resale to a qualified homebuyer. The closing costs, any necessary minor home repairs, and the additional subordinate loan amount will be absorbed by the City Housing Fund. As previously mentioned, the City will only proceed with directly

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purchasing the FTB unit if the loan is not funded by a financial institution by the required deadline. In the case that the City does not purchase the unit, the total City contribution will be $30,000 for the subordinate loan to the new homebuyer, which will be absorbed by the City Housing Fund.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution

STAFF CONTACT
Eloiza Murillo-Garcia, Housing Manager
[email protected]
(650) 522-7223

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION OF RESTRICTED FUND BALANCE OF THE CITY HOUSING FUND TO THE COMMUNITY DEVELOPMENT DEPARTMENT IN THE 2022-23 BUDGET WHEREAS, the Community Development Department wishes to purchase a First Time Homebuyer unit located at 211 S. Fremont, #406 for the purpose of preserving it as an affordable unit; and WHEREAS, an amendment to the Community Department’s 2022-23 budget will be necessary to fund this expense; and
WHEREAS, sufficient funds are available in the City Housing Fund account to cover the cost of this purchase; and
WHEREAS, the purchase price of the unit will be reimbursed to the City Housing Fund upon resale to a new qualified owner; and
WHEREAS, the City Manager has the authority to purchase the subject unit for the purchase price of $334,400 based on Section 3.62.020 of the San Mateo Municipal Code; and WHEREAS, additional expenses are needed to complete the transaction, which include an estimated $19,000 for home repairs, $15,000 for closing costs and $30,000 for a subordinate loan; and WHEREAS, the First Time Homebuyer program provides qualified homebuyers with a $50,000 subordinate loan to help facilitate the purchase of the unit and preserve the unit’s affordability; and WHEREAS, upon resale of the subject unit, only $20,000 is available from the original owner’s subordinate loan proceeds because the loan is now in forgiveness, meaning that 10% of the loan and accrued interest is forgiven on an annual basis until no amount due remains; and WHEREAS, $30,000 is needed from the City for the subordinate loan contribution for the new homebuyer in order for them to receive the full $50,000 subordinate loan contribution; and WHEREAS, $30,000 will be deducted from the City’s proceeds upon resale for a subordinate loan contribution for the new homebuyer; and
WHEREAS, the total appropriation to complete the purchase and resell the unit to a qualified buyer is $368,400; and
WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City’s budget; and
WHEREAS, the impact of amending the operating budget will be offset by revenues which have been received and tracked in the City Housing Fund account, resulting in no net impact to the General Fund.

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

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

2. A supplemental budget appropriation of $368,400 of restricted fund balance from the City Housing Fund is approved to increase the Community Development Department 2022-23 budget.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue San
Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 1 Section Name: CONSENT CALENDARAccount Number: 23-3133 File ID: 23-7352 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: April 3, 2023
SUBJECT: Fiscal Year 2022-23 Community Development Block Grant – Appropriation RECOMMENDATION:

Adopt a Resolution to appropriate $244,692.30 of restricted fund balance from the Community Development Block Grant Fund to the fiscal year 2022-23 Community Development Block Grant operating expenditures for a total budget of $502,076.30.

BACKGROUND:

The Community Development Block Grant (CDBG) program provides flexible funding for community development projects and programs to assist individuals and families from extremely low- to moderate-income households, as defined by the Department of Housing and Urban Development (HUD). The City receives an annual entitlement grant based on a national formula and has participated in this program since 1977.

In March 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed, which provided additional funding to the City of San Mateo through the CDBG program to specifically address the COVID pandemic. On January 4, 2021, the City Council approved the programming of the CARES Act funding, known as CDBG-CV, including $520,745 to Samaritan House for a rental assistance program. The contract to Samaritan House was awarded without a set expenditure time limit, but the contract terminates when the funds have been fully expended. At the beginning of fiscal year 2022-23, there was $244,692.30 of remaining CDBG-CV funds in the Samaritan House contract.

City Council adopted the fiscal year 2022-23 CDBG Annual Plan on May 2, 2022. The adopted 2022-23 budget appropriated $257,384 for operating expenditures in the CDBG program based upon the annual award from HUD. The appropriation to the CDBG operating budget did not include the remaining $244,692.30 in CDBG-CV funds, which were previously appropriated in fiscal year 2020-21 for the Samaritan House contract. Financial procedures of the City require that funds be re-appropriated if they are not fully expended after two years from the date of contract execution. Therefore, the balance of the CDBG-CV funds must be appropriated into the program year budget, which will increase the CDBG operating expenditure budget to $502,076.30. The appropriation is necessary in order for the City to meet its obligations to the various subrecipients of CDBG funding in the program areas of administration, community funding, and economic development.

BUDGET IMPACT:

The Community Development Block Grant (Fund 215) budget currently has an approved budget of $257,384 without any remaining funds available to meet the City’s obligations to the CDBG subrecipients. A funding amount of $244,692.30 is to be appropriated to cover the remaining cost of the CDBG-CV rental assistance contract to amend the grand total of the 2022-23 program year budget to $502,076.30.

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Adoption of the resolution will appropriate an additional $244,692.30 from the Community Development Block Grant Fund restricted fund balance to the 2022-23 Community Development Block Grant operating expenditure budget, revising it to a total value of $502,076.30. With the approval of the appropriation, sufficient funding will be available to complete the 2022- 23 CDBG Projects.

The CDBG grant funding operates on a reimbursement basis. All CDBG expenditures are reimbursed by HUD on a quarterly basis, therefore there is no impact to the General Fund.

ENVIRONMENTAL DETERMINATION:

This budget appropriation 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
Nicky Vu,
Housing Specialist
[email protected]
(650) 522-7229

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CITY OF SAN MATEO
RESOLUTION NO. (2023)
APPROPRIATE $244,692.30 FROM COMMUNITY DEVELOPMENT BLOCK GRANT RESTRICTED FUND BALANCE TO THE 2022 – 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BUDGET
WHEREAS, the City received $770,897 in federal funding from the U.S. Department of Housing and Urban Development for the Community Development Block Grant (CDBG) program for the 2022-2023 annual grant; and
WHEREAS, the City Council adopted the fiscal year 2022-23 operating budget which appropriated $257,384 in CDBG annual operating expenditures on June 20, 2022; and WHEREAS, in March 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed which provided additional funding to the City of San Mateo through the CDBG program known as CDBG-CV to specifically address the COVID pandemic the City; and
WHEREAS, the City Council previously awarded a contract to Samaritan House in the amount of $531,000 CDBG-CV funds for a rental assistance program on January 4, 2021; and WHEREAS, the remaining available funds for the Samaritan House rental assistance program was $244,692.30 at the start of fiscal year 2022-23 and was not re-appropriated at the beginning of the fiscal year; and
WHEREAS, City financial procedures require that unexpended funds must be re-appropriated if they are not fully expended after two years from contract execution; and WHEREAS, the remaining available budget for the CDBG Program is approximately $0 and the City must appropriate additional funds to fulfill obligations to sub-recipients for program delivery; and WHEREAS, a budget appropriation of $244,692.30 is required to address the deficit; and WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City budget.
that:

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

1. This budget appropriation is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)
2 . An appropriation of funds in the amount of $244,692.30 from the Community Development

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Block Grant Fund restricted fund balance to the fiscal year 2022-23 Community Development Block Grant operating expenditures for a total budget of $502,076.30 is approved.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: OLD BUSINESS Account Number: 10-1311 File ID: 23-7247-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 3, 2023
SUBJECT:

Leaf Blower Regulations
RECOMMENDATION:

Receive a report and presentation on leaf blower regulations and provide feedback and guidance on potential leaf blower policy approaches.

BACKGROUND:

As part of the 2022-23 Strategic Plan, the San Mateo City Council asked staff to evaluate leaf blower policy options and best practices from other cities. Regulating leaf blowers can help address their environmental and greenhouse gas emission reduction impact, as well as noise and air quality impacts. This report provides an overview of leaf blower impacts and the City’s history with leaf blower regulations since this topic was extensively reviewed by City Council between 2011 and 2013 and revisited by the Sustainability and Infrastructure Commission in 2020 and most recently in November 2022. This report reviews leaf blower policy approaches for the City Council’s feedback and consideration.

CITY HISTORY WITH LEAF BLOWER REGULATIONS
The City of San Mateo currently has time of day restrictions for leaf blowers in residential zoning districts and in areas bordering residentially-zoned neighborhoods. San Mateo Municipal Code Section 10.80 “Operation of Leaf Blowers” (Attachment 4) limits the use of leaf blowers to between 8:00 am to 5:00 pm on weekdays and between 9:00 am to 5:00 pm on Saturdays. The use of leaf blowers is prohibited on Sundays and holidays. In addition, the code requires that leaf blowers run at low speeds and use nozzle extensions to minimize noise. These restrictions have been in place since 1997.

In 2011 through 2013, staff from the Community Development Department led a comprehensive exploration of leaf blower regulations in response to community complaints about noise and air quality impacts. Staff brought forward reports to City Council on five separate occasions. At a March 2013 City Council meeting, staff presented three options for updating the leaf blower ordinance:
1) Improve enforcement of current ordinance
2) Implement a certification and enforcement program limiting leaf blowers that meet a 65 decibel (dB) threshold 3) Implement complete ban on gas and electric leaf blowers Ultimately, the City Council did not move forward to any of the three options primarily because of concerns of the economic impact to commercial landscapers and challenges with enforcement. Many of the commercial landscapers in San Mateo are small businesses or sole-proprietorships and many are also minority-owned. A complete leaf blower ban would require landscapers to spend more time per job site, impacting the number of jobs they could complete and therefore potentially reduce their revenues. Establishing a new decibel limit on leaf blowers would require many commercial landscapers to purchase new equipment, another financial burden to landscapers. If commercial landscapers passed on

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the cost of the new equipment or job time to their customers, concerns were raised regarding affordability for those with fixed incomes who rely on landscaping services. Additionally, for all of the policy options, City Council was concerned about the financial commitment from the City to develop effective enforcement.

During the pandemic, as a result of many people working from home, the City received an uptick in complaints about leaf blower noise, which prompted the Sustainability and Infrastructure Commission to request that leaf blower policy options be brought before them for consideration. At the November 12, 2020, the Sustainability and Infrastructure Commission received a report on leaf blower regulations and different policy approaches to restricting gas leaf blower use. Staff presented four options for consideration:
1) Noise and/or time of day restrictions
2) Temporary leaf blower ban days
3) Gas leaf blower ban, and
4) Complete gas and electric leaf blower ban.

The majority of Commissioners declined to make a recommendation to City Council to update leaf blower regulations.

Commissioners acknowledged that commercial landscapers, who are also small businesses, would be significantly impacted by potential leaf blower restrictions and were likely already struggling to retain customers in the face of the pandemic. Commissioners were also concerned about recommending the Council take up leaf blower regulations at a time when there were so many other pressing COVID-19 issues and community concerns. Finally, Commissioners were interested to understand the State’s timeline to phase out the sale of new gas equipment to help evaluate potential leaf blower regulations. Commissioners directed staff to prioritize incentives for electric leaf blowers.

On July 1, 2021, staff launched the Electric Leaf Blower rebate program. The program provides a rebate of up to 75% of the purchase price (maximum $500) to commercial landscapers and up to 50% of the purchase price (maximum $100) to residents. Using the City’s business license information, mailers were sent to landscaping business in San Mateo to alert businesses about the rebate opportunity. The mailing list included roughly 150 businesses. Rebate information was also included in the City’s e-newsletter and social media channels. To date, the City has issued rebates to 8 landscaping businesses and 32 residents. The average rebate for a landscaping business is $375 and the average rebate for a resident is $75.

ELECTRIC EQUIPMENT AND CITY PARKS OPERATIONS
City Parks staff have been piloting electric equipment since 2018 and recognizing the State’s goal to prohibit the sale of two-stroke engine equipment and the City’s climate goals, is preparing for a transition to electric equipment and making a conscious effort to reduce reliance on leaf blowers. The Parks Department goal is to provide safe and attractive parks while maintaining current levels of debris removal. Parks Department maintains 280,890 square feet of parking lot and pathways.

During the fiscal year 2020-21, the Parks Department purchased $8,000 in electric equipment including backpack and handheld blowers, hedge trimmers, chain saws and weed trimmers. Using the electric equipment in the Japanese Garden and on Spare the Air Days has helped Parks staff identify challenges and limitations of electric leaf blower technology. One major challenge with electric leaf blowers is battery life limitations. In most park settings a blower with 2 batteries provides about 45 minutes of use and requires 2 hours for recharge. While electric leaf blowers work well for small sites, they have been challenging to use at larger park settings where staff would have to use multiple batteries. Another major limitation is the equipment performance, as electric leaf blowers are less powerful and therefore take staff longer to accomplish the same work compared to using gas leaf blowers.

Staff provided cost estimates for transitioning to electric blower equipment. Currently the Parks Department has an inventory of 12 gas blowers. An electric backpack blower costs $300 plus four batteries that cost $300 each, amounting to $1,500 for each replacement. The Parks Department estimates an $18,000 initial investment to replace the gas blower equipment and $14,000 every 2 years for battery replacements. Additionally, there is also the cost of electricity and charging infrastructure. For comparison, a typical gas-powered blower costs $375 plus the cost of fuel. Parks’ main shop

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area requires an estimated $20,000 of electrical upgrades for charging batteries to use electric equipment on a consistent basis. Additional upgrades to field shops will be necessary but have not yet been evaluated.

In addition to transitioning to electric equipment, the Parks Department is requesting a budget allocation for a multi- purpose sweeper that will be used for removal of pathway and parking lot debris and to reduce the use of leaf blower equipment. This budget request will be presented as part of a separate agenda item. The sweeper has certified 4-star containment of pollution, essentially eliminating the dust levels created by the blowers currently used. Additionally, the proposed sweeper would help create efficiencies in staffing, freeing highly-skilled landscape maintenance staff from backpack blower detail. At this time every Parks staff person has some part of their week dedicated to debris removal. This sweeper will efficiently complete the task of debris removal and eliminate more dust than possible with backpack blowers.

STATE REGULATIONS
In October 2021, California became the first state with a statewide ban on new gas leaf blowers and lawn mowers when Governor Newsom signed Assembly Bill 1346 prohibiting the sale of new small off-road engines beginning January 1, 2024.

The California Air Resources Board (CARB) regulates leaf blowers as part of small off-road engines (SORE) category. SORE are defined as spark-ignition engines rated at or below 19 kilowatts, primarily used for lawn, garden, and other outdoor power equipment such as leaf blowers, lawn mowers, hedge trimmers, and chippers. SORE smog-forming emissions are significant; CARB estimates that one hour of commercial leaf blowing activity emits the same pollution as driving a 2017 Toyota Camry for 1,100 miles. CARB recognizes that the cumulative volume of smog-forming emissions from SORE equipment now exceed those from passenger cars on an annual basis. It is important to note that the prohibition of the sale of new SORE equipment in 2024 will still allow for the use of older SORE equipment. As a result, local restrictions still make sense to evaluate.

POLICY APPROACHES
There are three main policy approaches local jurisdictions use to regulate leaf blowers: 1) time of day restrictions, 2) gas leaf blower ban, and 3) complete gas and electric leaf blower ban. The following details the different policy approaches and provides examples of cities that have taken on the policy approach. 1) Time of day restrictions
Enacting noise and time of day restrictions is the most common approach employed by jurisdictions to manage the noise impacts of leaf blower equipment. While time of use and noise restrictions are effective in managing noise pollution, they do not address environmental impact or smog forming emissions. Although the City of San Mateo currently has time of day restrictions and a nozzle extension requirement already in place, the City could explore establishing a schedule and zone system to manage leaf blowing activity and/or narrowing the time restrictions. In addition, the City may want to consider expanding the time of day restrictions to impact areas of the City currently not covered by the ordinance as more mixed-use development is constructed in formerly commercial-only zones.

An example of this approach is the City of Burlingame’s leaf blowing schedule and zone approach, which was adopted in 2012. This approach helps address noise pollution since it limits leaf blower activity to specific days of the week. Their ordinance requires the following:
Commercial blowers may be used on only ONE day per week, per area, with an extra day for R3 and R4 buildings on Fridays.
Residents may use their own blowers on Saturdays from 9:00 am to 2:00 pm and Sundays from 10:00 am to 2:00 pm, as well as on their assigned weekday.

The City of Burlingame developed a map to delineate the different neighborhood zones and schedules. Implementation of this ordinance relied on residents informing their gardening services of the operational requirements.

Alternatively, some cities have narrower time restrictions than the City of San Mateo. For example, the Town of Atherton has a later leaf blower schedule for weekends: 10:00 am – 5:00 pm on Saturdays and 10:00 am – 3:00 pm on Sundays. This is likely because many feel that leaf blower noise is a nuisance on weekend mornings.

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2) Gas leaf blower ban (allows electric leaf blower)
Banning gas leaf blowers helps reduce smog-forming emissions but only partially addresses the noise pollution aspect.

Electric leaf blowers can be as loud as gas leaf blowers and will have similar impacts in terms of kicking up particles and creating fugitive dust. However, electric leaf blowers do not create engine-related fumes and thus can help mitigate air quality concerns.

One of the primary concerns about electric leaf blowers include durability and battery life as discussed earlier in this report regarding City Parks operations. Electric leaf blowers can be cord-powered or battery-powered. Both types of electric leaf blowers can be easily adapted for most household personal use, but commercial landscapers must consider how long the equipment will last in the field. Cord-powered electric blowers are not viable on all types of property, limit the range of use, and are therefore impractical for commercial landscapers. Battery-powered electric blowers require commercial landscapers to purchase multiple batteries, increasing the costs to landscapers.

Over twenty cities in California have adopted gas leaf blower bans and recently, several Bay Area cities have taken up gas leaf blower bans:
The Town of Portola Valley adopted an ordinance in 2019 with an enforcement date of January 2021; The City of Oakland adopted an ordinance in October 2020 with and enforcement date of April 2021; and The City of Alameda adopted an ordinance in September 2021 with an enforcement date of January 1, 2023; and The City of Novato adopted ordinance in June 2022 with an enforcement date of July 2023.

In February 2022, the Atherton Town Council was divided on whether to move forward with a gas leaf blower ban and directed staff to do more research and outreach to residents. The Menlo Park City Council will consider a gas leaf blower ban in 2023 with a July 2024 enforcement date.

Staff reached out to the City of Alameda, Town of Portola Valley, and City of Los Altos and received feedback that enforcement is the primary challenge with gas leaf blower bans. Typically, this type of ordinance relies on community members to report violations to the city’s nonemergency phone number and enforcement is handled by the code enforcement division. Oftentimes, when a code enforcement officer goes to investigate the violation, the subject is gone or no longer using the device. Law requires the code enforcement officer to personally witness the Municipal Code violation in order to enforce the violation. Enforcement can range from a verbal warning with education on the municipal code to issuance of a citation. If the subject is still on-scene but not using the device, the code enforcement officer can take the opportunity to provide education about the ordinance.

The Town of Portola Valley does not have a full-time code enforcement officer and has relied on sending educational letters to addresses where violations are reported. Portola Valley staff receive a handful complaints each month and have not issued any formal citations. The City of Los Altos has had a leaf blower ban in place since 1991 and continues to face challenges with enforcement. According to a letter submitted by a citizen advocacy group, the City of Los Altos Police Department receives a high volume of complaints, roughly 350 per year.

The City of Palo Alto enacted a gas leaf blower ban in 2005 and enforcement has fluctuated over the years. Palo Alto staff report the same challenges with enforcement as other cities have experienced. In 2022, Palo Alto made two recent updates regarding leaf blowers. The Palo Alto City Council voted to in increase fines ($250 for the first violation, $500 for the second, and $1,000 for subsequent violations). The City of Palo Alto also hired a code enforcement officer whose full- time role is dedicated to leaf blower education and enforcement. The code enforcement officer has prioritized proactive engagement with landscapers and homeowner associations and has been in the role for 10 months. For reference for the City of San Mateo, a code enforcement officer I salary and benefits costs an estimated $116,000 annually. 3) Complete gas and electric leaf blower ban
Five jurisdictions in California adopted ordinances to ban both gas and electric leaf blowers altogether. An outright ban on all mechanized blowers is probably easiest to enforce since it is clear when a user is in violation, as opposed to

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distinguishing when a blower is in compliance with a decibel noise limit regulation or if it is gas or electric-powered.

However, it would still be necessary to witness the leaf blower being used in order to issue a citation. A complete ban on gas and electric leaf blowers addresses all concerns related to noise, emissions and air quality, however, an outright ban would have significant impacts to commercial landscapers and City operations. By banning all leaf blower use, residents and commercial landscapers would need to rely on manual methods (i.e., raking, sweeping). This would greatly increase the time it takes for commercial landscapers to complete jobs.

There are a limited number of cities in Southern California that have a gas and electric leaf blower ban including Santa Monica, Del Mar, Hermosa Beach, Laguna Beach and Manhattan Beach. As mentioned in an earlier section of this report, in 2013 City Council debated this policy option in depth and decided not to move forward with a ban because of the impact to commercial landscapers and also to City staff ability to maintain our parks and landscaping.

SUSTAINABILITY AND INFRASTRUCTURE COMMISSION FEEDBACK
On November 9, 2022, staff presented leaf blower regulations to the Sustainability and Infrastructure Commission requesting feedback and direction on the policy options presented above. During the discussion, there were a variety of concerns raised about gas leaf blower regulations. Commissioners voiced concern that a ban on gas leaf blowers might not fully address noise concerns since electric leaf blowers still generate some noise and concern about the use of gas generators to charge batteries. One commissioner was opposed to the adoption of a leaf blower ban because of the financial implications and economic impacts to small landscaping businesses.

Most commissioners were in favor of a gas leaf blower ban with a delayed implementation date, possibly aligning with CARB’s phase-out date in 2024. Some commissioners were also interested pairing the gas leaf blower ban with limiting leaf blower use on specific days in certain zones (like Burlingame’s approach). Commissioners expressed support of gas leaf blower ban and regulations because of noise impacts to the community and health impacts to leaf blower operators.

All commissioners recommended staff engage directly with landscapers to understand the impact of potential regulations prior to bringing policy option to City Council for consideration.

LANDSCAPER FEEDBACK
To solicit feedback from commercial landscapers, staff sent a mailer to 180 landscaping businesses that have a registered business license with the City. The mailer included a letter with an overview of the potential leaf blower regulations, a survey on leaf blower use, information about the City’s Electric Leaf Blower Rebate program and a stamped envelope to facilitate return of the surveys. All materials were provided in English and Spanish. Recipients could provide feedback in three ways, participate online via Survey Monkey, mail the paper survey with the stamped envelope, or call or email staff directly. In addition, staff attempted to contact 10 businesses for phone interviews. This included the businesses that participated in the City’s electric leaf blower rebate and other contacts made through the Parks Department.

The City received 8 online survey responses in English, 9 paper survey responses in English, and 1 paper survey response in Spanish. Paper surveys were manually inputted into Survey Monkey for analysis. Overall, the survey showed the majority of respondents oppose a gas leaf blower ban with a diverse amount of feedback. Most survey respondents (70%) use gas leaf blowers and only 27% report using exclusive electric products; 47% of respondents use both gas and electric products.

Of the 11 people who responded to why use electric products, the most popular benefit was related to noise and due to local regulations in other cities. Survey respondents identified battery life, equipment strength, and cost as the leading disadvantages with electric leaf blower equipment.

The open-ended question showed that most survey respondents were opposed to a gas leaf blower ban. Respondents expressed concern about the increased amount of time jobs would take without gas leaf blowers. Respondents were concerned about being able to increase costs to clients to cover the increased time. Multiple respondents cited the faultiness with equipment and need for expensive repairs as a barrier to electric equipment. Finally, there is also a concern about the enforcement of the current ordinance and that a new regulation would be ignored by businesses without thorough enforcement.

Survey respondents were split regarding the time of use restrictions similar to Burlingame’s leaf blower regulations. 56%

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were opposed, arguing that this limitation would constrain their schedules and that clients already have preferences for their gardening services. One landscaper said they had too many client schedules, which resulted in negative and upset clients so they let go all of their Burlingame clients.

Phone interviews with electric leaf blower rebate participants revealed that rebate participants were more supportive of electric leaf blower use and already relied on electric leaf blowers. One landscaping company cited horticultural best practices as a driving reason to reduce blower use overall.

CITY COUNCIL FEEDBACK NEEDED
This report presents a high-level overview of the different policy options that can be considered to address community concerns over leaf blowers. Feedback is needed if City Council is interested in pursuing any of the three policy options presented in this report:
1) Time of day restrictions
2) Gas leaf blower ban (allows electric leaf blower)
3) Complete gas and electric leaf blower ban
Potential leaf blower regulations would impact personal household leaf blower use, commercial landscaping businesses, and City operations. It is important to consider that each of the policy options have varying impact in terms of addressing leaf blower related noise pollution, air quality and greenhouse gas emission reduction. If the City Council is interested in pursuing any of the proposed policy options, staff would then initiate a robust community outreach process to both residents and commercial landscapers to get additional feedback prior to bringing any potential ordinance to City Council for consideration.

BUDGET IMPACT:

Receiving this informational report does not result in any fiscal impact. Adoption of leaf blower regulations would have a fiscal impact on City operations that would be evaluated at the time of consideration.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Public Comment
Att 2 – Summary of Survey Responses
Att 3 – Individual Survey Responses
Att 4 – Municipal Code Section 10.80

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

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From:

To: Andrea Chow
Subject:

Date:

Re: Leaf Blower Survey Reminder
Tuesday, February 21, 2023 11:03:40 PM
Attachments: image013.png
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ANDREA. sorry for reply late.
i received your letter regarding your request for feedback on the new policy concerning electric leaf blowers. i think this is NOT a good idea for gardeners or their customers for the following reasons:
. Electric blowers are three times the cost of a gas blower which will add expense back to the customers.
. Batteries for leaf blowers only last approximately 30 minutes Wich would require a Gardner
expense.
to carry additional batteries and chargers again adding additional . Gardners who have tried electric blowers say there is a very short life span for this equipment
and poor quality.
. Electric blowers do not have the same power as a gas blower, therefore. requiring more
manual labor and more customer expense in order to do the job correctly. . Designated days for gas blowers only make the problem worse and require more scheduling
which could amount to less business for the gardeners and additional expense for customers
Hopefully, this will help your survey and the people it serves.

Sincerely,
Jose l hernandez.

De: Andrea Chow <[email protected]>
Enviado: viernes, 3 de febrero de 2023 01:22 p. m.

Asunto: Leaf Blower Survey Reminder

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Hello,
The City of San Mateo is considering new rules that could affect your business and would like to learn more about the use of gas and electric leaf blowers by landscaping businesses. Your feedback will be shared with the San Mateo City Council as they consider leaf blower policy options at an upcoming City Council Meeting (tentatively scheduled for Monday, March 20 at 5:30 pm). A start date for potential regulations has not been determined and businesses will be given time to transition and prepare for new rules. Your feedback is very important and urgently wanted about leaf blower use. Please share your feedback by February 17, 2023.

Regulations being considered include:

Only allowing leaf blower use during certain days/times of the week Prohibiting gas leaf blowers and only allowing electric leaf blowers Complete gas and electric leaf blower ban
The online survey is available at https://www.surveymonkey.com/r/leafblowersm. Feel free to call or email me with your feedback.

Sincerely,
Andrea
Andrea Chow
Sustainability Analyst | City Manager’s Office
330 W. 20th Ave. San Mateo, CA 94403
650-522-7007 | [email protected]
* PRIVILEGE AND CONFIDENTIALITY NOTICE: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed. It may contain information that is confidential and prohibited from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message along with any attachments from your computer. Thank you.

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Landscaper Leaf Blower Use Survey SurveyMonkey

70.59% 12

17.65% 3

41.18% 7
Q1 What type of leaf blowers do you use? (Check all that apply) Answered: 17 Skipped: 1
Total Respondents: 17
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Gas
Electric-corded
Electric
battery-powered

ANSWER CHOICES RESPONSES
Gas
Electric-corded
Electric battery-powered
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Landscaper Leaf Blower Use Survey SurveyMonkey

45.45% 5

72.73% 8

45.45% 5

36.36% 4

54.55% 6

9.09% 1
Q2 If you use electric leaf blowers, why do you use electric leaf blowers? (Check all that apply)
Answered: 11 Skipped: 7
Total Respondents: 11
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Environmental
concerns
Noise,
electric...
Health
impacts
Client
preference
Other areas
I work have...

Other (please
specify)

ANSWER CHOICES RESPONSES
Environmental concerns
Noise, electric equipment is quieter than gas equipment Health impacts
Client preference
Other areas I work have banned gas leaf blowers
Other (please specify)
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Landscaper Leaf Blower Use Survey SurveyMonkey

70.59% 12

58.82% 10

58.82% 10

23.53% 4

23.53% 4
Q3 What are the disadvantages of using electric leaf blowers? (Check all that apply)
Answered: 17 Skipped: 1
Total Respondents: 17
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Battery
charge does ...
Electric
leaf blowers...
Cost of
purchasing n...
There are no
disadvantage...

Other (please
specify)

ANSWER CHOICES RESPONSES
Battery charge does not last long enough
Electric leaf blowers are not as strong as gas leaf blowers Cost of purchasing new electric equipment
There are no disadvantages of electric leaf blowers
Other (please specify)
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Landscaper Leaf Blower Use Survey SurveyMonkey

37.50% 6

25.00% 4

18.75% 3

6.25% 1

12.50% 2
Q4 How has the banning of gas leaf blowers in other cities affected your business?
Answered: 16 Skipped: 2
TOTAL 16
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
I do not
work in any...
I purchased
electric lea...
I already
use electric...
I have not
changed my...
I no longer
serve areas...

ANSWER CHOICES RESPONSES
I do not work in any cities where there has been a gas leaf blower ban I purchased electric leaf blower equipment to meet gas leaf blower ban requirements I already use electric leaf blowers and did not need to change my business practices I have not changed my business practices to accommodate changes in regulations I no longer serve areas where gas leaf blowers are banned 4 272 of 575

Landscaper Leaf Blower Use Survey SurveyMonkey

41.18% 7

58.82% 10
Q5 Do you think time of use restrictions (e.g. limiting leaf blower use to only 1 day per week in specific neighborhood zones) would have an impact on your business? This approach is similar to Burlingame’s leaf blower regulations.

Answered: 17 Skipped: 1
TOTAL 17
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
No
Yes, please
explain

ANSWER CHOICES RESPONSES
No
Yes, please explain
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Landscaper Leaf Blower Use Survey SurveyMonkey
Q6 Please provide any additional feedback about these potential regulations:

Answered: 14 Skipped: 4
# RESPONSES DA TE
1 *Porque no trabanjan con el fabricante y no con el pobre trabajador? *Tengan en cuenta que fall y winter es desagradable usar electric super batt tools. *Please don't do like Burlingame, is a headedge to re schedule our long time routes. English Translation: * Why don't they work with the manufacturer and not with the poor worker? *Keep in mind that fall and winter is unpleasant to use electric super batt tools.
2/27/2023 9:52 AM
2 Battery powered saws and blowers are not available enough to replace gas powered equipment 2/24/2023 8:33 AM 3 While watching the 11/09/22 Sustainability + Infrastructure Commission meeting I learned about the California CORE program. I just started the process in January. I was told it has been taking 3 months to have it finalized. The current enforcement of the leaf blower ordinance is a joke. If you want any new regulation to work you will have to have a new team that just handles the leave blower ordinance and actually do enforcement. In the past I would report leaf blower ordinance violations but I stopped after seeing the same crews continuing with the same violations.
2/22/2023 1:04 PM
4 I am all for battery operated blower w/ good batteries!! 2/22/2023 1:01 PM 5 I'm a landscape architect so I design landscapes. I don't install or maintain them. 2/22/2023 12:58 PM 6 I use my gas leaf blowers to not only clean residential yards, but the streets and clear the drains near my clients' homes, as I know the majority of other gardeners do. We keep the streets clean and if I have to use a battery/electric leaf blower, it would take too much time of my battery and time to continue to do the same amount of work. 2/22/2023 12:57 PM
7 It does not surprise me how dumb California is turning, yet how people will allow all of our tax money to go towards a city - that will soon look and feel disgusting, wanting to push for an "all" electric environment yet landscaping to only be done once a week? Ridiculous! Wake up CA.

Allowing this will only make San Mateo appear as Oakland. 2/22/2023 12:55 PM
8 This isn't the time for half measures. Ban all gas yard tools. The businesses can adapt. 2/22/2023 12:51 PM 9 I think the council is biased to banning as blowers. This is a wasted effort. 2/22/2023 12:49 PM 10 I think electric blowers are fine and should be allowed to be used any day of the week. In general, I think leaf blowers should be used less frequently than they are - raking is a better way to remove targeted debris and leave beneficial organic matter in garden beds. However, blowers are important for thoroughly cleaning hardscaped surfaces like patios, driveways and sidewalks. I am a professional horticulturist and have strong opinions about the overuse of blowers and their detriment to garden health, but they have their place and should be allowed. 2/6/2023 12:31 PM
11 The cost of a new tools and the time extended to blow the costumer won’t pay as many people do garden maintenance is ease to find some work for less, and the situation is crossing in the country everything goes up food,gas and items necessities, it has doble or more than use to cost before pandemic but if you rise up the cost of the service they say you only can rase up 5% of the cost of the service that percent don’t cover the cost of new equipment 2/3/2023 2:32 PM
12 I support electric because of reduced noise and 2 stroke gas engine pollution 1/29/2023 2:47 PM 13 Palo Alto’s policy for electric leaf blowers only have already shown stress on landscapers.

They are paying out of pocket to repair and buy new electrical equipment and struggle to keep up with buying expensive batteries due to their lack of longevity. Most have stuck to only raking making their hours longer and more physically draining. 1/26/2023 11:36 PM
14 Setting aside my landscape use of an electric blower, only periodically, I find myself barraged in my neighborhood by loud, smelly leaf blowers at all hours of the day, early morning, into the 1/26/2023 6:52 PM
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L
andscaper Leaf Blower Use Survey SurveyMonkey
evening when my family wants to enjoy quiet time in the garden....I would love for them to be used only at certain times, especially gas, but both if possible. 7 275 of 575

Landscaper Leaf Blower Use Survey SurveyMonkey
1 / 26
Q1
What type of leaf blowers do you use? (Check all that
apply)
Electric battery-powered
Q2
If you use electric leaf blowers, why do you use electric leaf blowers? (Check all that apply)
Environmental concerns,
Noise, electric equipment is quieter than gas
equipment
,
Health impacts,
Client preference
Q3
What are the disadvantages of using electric leaf blowers? (Check all that apply)
There are no disadvantages of electric leaf blowers
Q4
How has the banning of gas leaf blowers in other cities affected your business?
I already use electric leaf blowers and did not need to change my business practices
Q5
Do you think time of use restrictions (e.g. limiting leaf blower use to only 1 day per week in specific
neighborhood zones) would have an impact on your
business? This approach is similar to Burlingame’s leaf blower regulations.

No
#1#1

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