CITY OF SAN MATEO
City Council Regular Meeting
April 17, 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 17, 2023 Zoom Meeting
To join via telephone: (408) 638-0968
Webinar ID: 879 0168 3280 Passcode: 385388
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.
Any unheard items will automatically move forward to the next regular meeting.
CALL TO ORDER
Pledge of Allegiance
Roll Call
CEREMONIAL
1. Fair Housing Month – Proclamation
2. City of San Mateo – Volunteer Recognition
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.
3. City Council Meeting Minutes - Approval
Approve the minutes of the special and regular meetings of April 3, 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).)
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4. Measure S Oversight Committee Appointment Subcommittee – Appointment Recommendation Appoint to the Measure S Oversight Committee: William Yang and Karen Moen for a partial term from April 17, 2023 through June 10, 2026; Sandy Shepler for a partial term from April 17, 2023 through June 10, 2024; and Nick Atkeson for a full term commencing on June 10, 2023.
CEQA: This appointment is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)
5. Senior Citizens Appointment Subcommittee – Appointment Recommendation Appoint Thomas Lease to the Senior Citizens Commission for a partial term from April 17, 2023 through June 10, 2025.
CEQA: This appointment 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. Library Board Appointment Subcommittee – Appointment Recommendation Appoint to the Library Board: Wendy McCall for a partial term from April 17, 2023 through June 10, 2024; Sheila Canzian for a partial term from April 17, 2023 through June 10, 2025; Richard Wysong for a full term beginning June 10, 2023. Place Meredith Nassihi and Marni Gerber on the eligibility list for one year, should another vacancy on the Library Board occur.
CEQA: This appointment is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)
7. City Council Priority List – Adoption
Adopt the City Council Priority List for fiscal year 2023-24.
CEQA: This City Council Priority List 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. San Mateo County Exposition and Fair Association and the San Mateo Consolidated Fire Department – Memorandum of Understanding and Agreement
Approve an amendment to the Memorandum of Understanding with the San Mateo County Exposition and Fair Association and the San Mateo Consolidated Fire Department related to payment for services provided by the City of San Mateo and the San Mateo Consolidated Fire Department; and approve an agreement with the San Mateo County Exposition and Fair Association related to San Mateo Police Department-specific services; and authorize the City Manager to execute the agreements in substantially the form presented.
CEQA: This administrative action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
9. Planet Equity Group, LLC Professional Finance and Human Resources Services – Amendment Approve Amendment No. 1 to the agreement with Planet Equity Group, LLC approving an assignment of the agreement from Planet Equity Group, LLC to Planet Professional, LLC for professional finance and human
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resources services; approve an increase of the budget for the agreement in the amount of $67,500.01 for a new agreement total of $167,500; and authorize the Finance Director to execute the amendment in substantially the form presented.
CEQA: This agreement amendment is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
10. Annual Investment Policy – Approval
Adopt a Resolution to approve the City of San Mateo 2023 Investment Policy.
CEQA: This investment policy is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
11. Department of Information Technology – Classification Updates Adopt a Resolution to approve: 1) the new classification of Customer Service Manager; 2) the job specification and salary range for the classification of Customer Service Manager; 3) the reclassification of the incumbent in the Technical Support Supervisor position to a Customer Service Manager; and 4) the elimination of the Technical Support Supervisor classification.
CEQA: These classification updates are exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)
12. Tree Pruning, Maintenance, and Emergency Removal Services Agreement – Amendment Approve Amendment No. 2 to the agreement with Peninsula Tree Care, Inc. for tree pruning, maintenance, and emergency removal services for an additional $100,000 for a new total agreement amount not to exceed amount of $350,000; and authorize the Director of Parks and Recreation to execute the amendment in substantially the form presented.
CEQA: The approval of this amendment is categorically exempt from CEQA under CEQA Guidelines §15301 (Existing Facilities), Class 1, Subclass (h) (Maintenance of existing landscaping and native growth); §15304 (Minor Alterations to Land); and §15269 (Emergency Projects).
13. California Board of State and Community Corrections Officer Wellness and Mental Health Program – Grant Appropriation
Adopt a Resolution to accept and appropriate $75,122.84 received from the California Board of State and Community Corrections Officer Wellness and Mental Health Program to the Police Grant Fund Budget for fiscal year 2022-23; and authorize the Chief of Police to expend the funds.
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).)
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14. AB 481 Annual Military Equipment Report – Approval
Approve the Annual Military Equipment Report per California Assembly Bill No. 481.
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).)
15. School Crossing Guards 2023-24 – Agreement
Approve an agreement with the San Mateo-Foster City School District for school crossing guards in the amount of $78,000 and authorize the Chief of Police to execute the agreement in substantially the form presented.
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).)
16. Police Duty Weapon Replacement – Agreements
Adopt a Resolution to approve an alternative purchasing procedure and to approve agreements with LC Action Police Supply for $110,092.18 and Stacatto 2011 for $115,201.61 for the procurement of replacement duty weapons for the San Mateo Police Department in an amount totaling $225,293.79; and authorize the Chief of Police to execute the agreements in substantially the form presented. 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).)
17. County of San Mateo Human Services Agency – Access and Use Agreement Approve an agreement with the County of San Mateo’s Human Services Agency to allow two licenses to use the Clarity Human Services system network, a Homeless Management Information System, by the Police Department’s Homeless Outreach Team workers, and authorize the Chief of Police to execute the agreement in substantially the form presented.
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).)
18. City of Foster City Usage of Police Firing Range Facilities – Agreement Approve an agreement with the City of Foster City for use of the San Mateo Police Department firing range for an hourly rate of $65 with a term through June 30, 2026, and authorize the Chief of Police to execute the agreement in substantially the form presented.
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).)
19. City of San Bruno Usage of Police Firing Range Facilities – Agreement Approve an agreement with the City of San Bruno for use of the San Mateo Police Department firing range for an hourly rate of $65 with a term through June 30, 2026, and authorize the Chief of Police to execute the agreement in substantially the form presented.
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).)
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20. Kingridge Sewer Line Improvement Mitigation Site Project – Amendment Approve an amendment to the agreement with H.T. Harvey and Associates for environmental engineering services for the Kingridge Sanitary Sewer Line Improvement Mitigation Site project at Laurelwood Park in an amount not to exceed $24,229, for a total agreement amount of $110,174; and authorize the Public Works Director to execute the amendment in substantially the form presented.
21. Coyote Point and Poplar Pump Stations Design Services – Amendment Approve Amendment No. 5 to the agreement with Schaaf & Wheeler for additional scope and services for the Coyote Point and Poplar Avenue Pump Stations project in an amount not to exceed $89,500 for a total agreement amount of $1,407,580; and authorize the Public Works Director to execute the amendment in substantially the form presented.
CEQA: Under section 15074 of the CEQA Guidelines, the City adopted a negative declaration for this project on October 19, 2015.
22. Downtown Parking Equipment Network Hosting and Materials – Amendment Approve Amendment No. 1 for professional services with IPS Group, Inc. to provide parking equipment network hosting and materials, increase the agreement amount by $100,000 for a revised agreement total of $400,000, and authorize the Public Works Director to execute the amendment in substantially the form presented.
CEQA: This contract amendment is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
23. Multihog Compact Multi-Purpose Sweeper – Purchase Contract Adopt a Resolution to approve an alternative purchasing procedure; and to approve a purchase contract with Municipal Maintenance Equipment, Inc. for the purchase of one (1) new Multihog CV 350 Compact Multi- Purpose Sweeper in the amount of $173,912.04; establish a contingency reserve in the amount of $35,000; and authorize the Public Works Director to execute the purchase contract in substantially the form presented.
CEQA: This purchase is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)
PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.
Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.
OLD BUSINESS
24. Adopted 2023-2031 Housing Element Study Session
Provide direction on how staff should respond to the California Department of Housing and Community Development’s (HCD’s) second comment letter dated March 27, 2023 on the City’s Adopted Housing Element.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.
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ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:
Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
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: 3 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 23-7407 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 17, 2023
SUBJECT:
City Council Meeting Minutes - Approval
RECOMMENDATION:
Approve the minutes of the special and regular meetings of April 3, 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 2023-04-03 Special
Att 2 - Minutes 2023-04-03 Regular
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
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City Council Special Meeting Minutes – 4/3/2023 Page 1
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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
April 3, 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: Hedges, Loraine, and Newsom
STUDY SESSION
1. Clean Water Program Update and Sewer Rate Increase
Azalea Mitch, Public Works Director, and Alex Handlers, Bartle Wells Consultant, provided a presentation and update on the Wastewater Treatment Plant (WWTP) upgrade and expansion project; outlined future wastewater system needs; and provided a sewer rate analysis.
Council recessed from 5:44 p.m. to 5:50 p.m.
Council asked questions of staff and the consultant. Public Comment: Michael requested additional information. The City Council concurred in continuing the multi-year sewer rate structure as proposed and expressed appreciation for the on-budget, on-time work.
CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 6:20 p.m. to consider:
2. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Stacey Cue, Teresa Abrahamsohn, Rich Lee, and Yumi Maeda Employee Organization: San Mateo Safety Management Association ADJOURNMENT –The meeting adjourned at 6:42 p.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
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City Council Regular Meeting Minutes – 4/3/2023 Page 1
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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
April 3, 2023
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.
Pledge of Allegiance
Roll Call
Present: Mayor Lee, Deputy Mayor Diaz Nash, Council Members: Hedges, Loraine, and Newsom
CONSENT CALENDAR
The following items, 1 through 14, were considered to be routine by the City Council. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.
Moved: Newson, Seconded: Hedges
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
1. City Council Meeting Minutes – Approval
Approve the minutes of the special and regular meetings of March 20, 2023.
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.
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.
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.
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
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public right-of-way; and authorize the Public Works Director to execute the agreement in substantially the form presented.
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.
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 $3,000 incentive for per diem dispatchers who work a minimum of 500 hours in two years.
Enactment: Resolution No. 32 (2023)
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.
Enactment: Resolution No. 33 (2023)
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.
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.
Enactment: Resolution No. 34 (2023)
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.
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
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system permits; and authorize the City Manager to execute all required documents in substantially the form presented.
Enactment: Resolution No. 35 (2023)
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.
Enactment: Resolution No. 36 (2023)
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.
Enactment: Resolution No. 37 (2023)
PUBLIC COMMENT
Public Comment – Laura stated she is part of an organization at College of San Mateo (CSM) and would like to bring topics of social justice awareness for the students and the San Mateo community and stated there will be a Rise in Revolution Conference on April 20-22 from 9 a.m. to 5 p.m. at CSM.
OLD BUSINESS
15. Leaf Blower Regulations
Andrea Chow, Sustainability Analyst, provided a presentation on the City’s current operation of leaf blower regulations and outlined the issues related to noise, air quality, human health, and environmental impact. Electric leaf blowers and affiliated rebate programs and issues with using electric equipment in city parks were provided.
Council were asked to weigh in on possible policy approaches including: 1) time of day restrictions; 2) gas leaf blower ban (allowing electric leaf blowers); or 3) complete gas and electric leaf blower ban. Council asked questions of staff.
Public Comment: Carol Wilhelmy stated concern with carcinogenic health issues from leaf blowers. Nancy Schneider, San Mateo Climate Action Team, submitted a letter and recommend Council adopt policy option 2 and ban by January 1, 2026. Jeff stated he is weary of inaction on banning leaf blowers. Michael recommends banning leaf blowers.
Council discussion ensued with ideas discussed including a zoning based approach to leaf blower regulations, a suggestion for more outreach to other city’s approaches, concern with enforcement issues, use of an incentive program for electric, possible partnerships, different needs for R-1 zoning versus commercial zoning, and a recommendation for the City to make changes in its parks first. A compassionate, effective and fair approach is needed.
City Manager Corbett summarized the Council’s direction as follows: 1) design a more robust incentive-based program; 2) create community outreach and education on the use of electric tools; and 3) come up with a plan and a timeline for when the City would make that transition and come back at a future date with that information.
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16. General Plan Update – Review Council Direction on Land Use Heights and Densities and Measure Y Zachary Dahl, Community Development Deputy Director, and Christina Horrisberger, Community Development Director, and provided a presentation to confirm City Council direction on the base densities and height limits that should be incorporated into the General Plan Update’s (GPU) Land Use Element and another discussion on how Measure Y should be addressed as part of the GPU. Council asked questions of staff.
Council recessed from 9:20 p.m. to 9:37 p.m.
Public Comment (31) - In person (19) speaking of the need for high heights or limiting height, concern with community outreach in the 25th Avenue area and concern with the process to discuss this again: Ken Abreu; Nancy Schneider; Ted McKinnon; Karyl Eldridge; Vikas Maturi; Darrin Gambelin; Tomislav Vranises; Steve Chandless; Christina Armstrong; Michael Ragan; Dan Baciocco; Lisa Maley; Mitch Speigle; Elizabeth Struble; Gonzalo Ruiz; Joe Vause; Ellis Berns; Jordan Grimes; and Anneke. Remote (12): Valerie Armento; Jennifer Martinez; Pablo Quintanilla; Jonathan New; Chris Brousseau; Kailun Wu; Michael; Michael Weinhauser; Sean Lacson; Scott Amoroso; Laurie Watanuki; and Jeremy Levine.
Council direction was sought on:
1) Should Residential High II and Mixed-Use High II be removed from consideration 2) Should a land use map with Residential High II and Mixed-Use High II be studied in the Environmental Impact Report?
3) Should a statistically reliable survey be conducted? 4) When should the survey be conducted?
5) Is there support for allowing General Plan Team to make minor adjustments to draft land use map consistent with Council direction?
Council deliberation continued. Consensus of Council direction was to not remove Residential High II and Mixed- Use High II from consideration; there should be an environmental impact report and it should study Height II and a statistically reliable survey should be conducted with a survey done earlier in the process for heights and one later for ballot language; and the General Plan team may make minor adjustments to the draft land use map as per Council direction.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Loraine informed that the City has received a second letter from HCD and he requested the Planning Commission should join the Council for the meeting to determine next steps; due to timing constraints the plan was not approved.
ADJOURNMENT –The meeting adjourned in memory of the nine members of the 101st Airborne soldiers who were lost in a helicopter crash and also for the victims of the Covenant School shooting in Nashville at 11:53 p.m.
APPROVED BY: SUBMITTED BY:
Amourence Lee, Mayor Patrice Olds, City Clerk
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 23-7402 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 17, 2023
SUBJECT:
Measure S Oversight Committee Appointment Subcommittee – Appointment Recommendation RECOMMENDATION:
Appoint to the Measure S Oversight Committee: William Yang and Karen Moen for a partial term from April 17, 2023 through June 10, 2026; Sandy Shepler for a partial term from April 17, 2023 through June 10, 2024; and Nick Atkeson for a full term commencing on June 10, 2023.
BACKGROUND:
On April 6, 2023, the Appointment Subcommittee, consisting of Mayor Amourence Lee and Council Member Rich Hedges, interviewed applicants to fill the vacancies on the Measure S Oversight Committee. Finance Director Rich Lee also attended the interviews in an advisory capacity.
The Appointment Subcommittee interviewed the following applicants:
•Wendy McCall
•Karen Moen
•Sandy Shepler
•William Yang
•Nick Atkeson
The Appointment Subcommittee recommends the following appointments:
Recommended Appointee Initial Term Duration
William Yang Immediate through June 10, 2026
Karen Moen Immediate through June 10, 2026
Sandy Shepler Immediate through June 10, 2024
Nick Atkeson June 10, 2023, through June 10, 2027
BUDGET IMPACT:
There is no budget impact from this administrative action.
ENVIRONMENTAL DETERMINATION:
This appointment 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 – Boards, Commissions and Committees List
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
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Boards, Commissions & Committees List
Term
Date
Appt’d
Term
Expires Term
Date
Appt’d
Term
Expires
COMMUNITY RELATIONS COMMISSION (650) 522-7220
Meeting: 3rd Wednesday, 7:00 p.m. City Hall (Room C)
1 Sheri Boles, Vice Chair 07-19-21 06-10-26
1 Meghan Crowell 06-10-21 06-10-25
1 Noopur Vyas Anand 09-06-22 06-10-26
1 Jerold Nugent, Chair 06-10-20 06-10-24
0 Alli Fitzgerald 01-17-23 06-10-24
PLANNING COMMISSION (650) 522-7212
Meeting: 2nd & 4th Tuesdays, 7:00 p.m. Council Chambers
2 John Ebneter, Vice Chair 06-01-15 06-10-25
1 Adam Nugent 07-19-21 06-10-25
1 Seema Patel 06-10-21 06-10-26
1 Margaret Williams, Chair 07-15-19 06-10-23
0 Martin Wiggins 05-16-22 06-10-24
LIBRARY BOARD (650) 522-7802
Meeting: 4th Monday, 5:30 p.m. Main Library Cedar Rm.
2 Elizabeth De Winter 07-20-15 06-10-23
1 Vacant 09-17-18 06-10-25
0 Vacant 02-16-21 06-10-24
1 Austin Volz, President 01-03-22 06-10-26
0 Shaylona Wheeler, Vice President 01-03-22 06-10-25
SENIOR CITIZENS COMMISSION (650) 522-7400
Meeting: 2nd Monday, every other month beginning in January 4:00 p.m. San Mateo Senior Center
0 Vacant 01-18-22 06-10-25
0 Liz Foreman, Chair 09-20-21 06-10-23
2 Monika Lee, Vice Chair 07-18-16 06-10-24
1 Ellen Wang 07-20-20 06-10-24
2 Mary Webb 02-17-15 06-10-26
PARK AND RECREATION COMMISSION (650) 522-7400
Meeting: 1st Wednesday, 7:00 p.m. City Hall (Room C)
1 Sarah Fields 06-10-21 06-10-25
0 Lindsey Held, Chair 07-20-20 06-10-23
2 Eric Holm 10-06-14 06-10-23
2 J. Christopher Massey 09-21-15 06-10-26
2 Heather Wolnick, Vice Chair 07-17-17 06-10-25
SUSTAINABILITY & INFRASTRUCTURE (650) 522-7153
COMMISSION
Meeting: 2nd Wednesday, 7:00 p.m. Council Chambers
0 Pamela Rittelmeyer 01-17-23 06-10-24
0 Kimi Narita 04-05-21 06-10-23
1 Sigalle Michael 08-15-22 06-10-26
2 Clifford S. Robbins, Chair 08-06-18 06-10-26
1 Susan Rowinski, Vice Chair 08-06-18 06-10-25
PERSONNEL BOARD (650) 522-7260
Meeting: 3rd Tuesday, 7:00 p.m. City Hall (Room C)
1 Caiti Busch 06-10-21 06-10-25
1 Debra Kaiser 06-10-21 06-10-25
2 Gayle Murphy, Chair 07-20-15 06-10-26
1 Vacant 08-19-19 06-10-23
1 Tony Villanueva 01-19-21 06-10-24
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7432
Meets twice a month, Coordinator: Brandon Parra
Youth from the following schools represent the voice of San Mateo teens: Aragon – Hillsdale – Serra – San Mateo
MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358
1 Ed Degliantoni 09-21-15 12-31-24
0 = appointed to unscheduled opening, eligible to serve a first full term 1 = in first term currently
2 = in second (final) term currently
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.
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MEASURE S OVERSIGHT COMMITTEE (650) 522-7040
Meeting: 3rd Tuesday of the 2nd month of the quarter (February, May, August, November) at 6:00 p.m. City Hall (Room C)
2 Vacant 02-05-18 06-10-24
2 Vacant 02-05-18 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
2 Vacant 02-05-18 06-10-26
1 Vince Siminitus 11-01-18 06-10-23
CIVIC ARTS COMMITTEE (650) 522-7164
Meeting: 2nd Monday, every other month beginning in January, 4:00 p.m. City Hall (Room C)
Robert Gooyer, Vice Chair
Seema Patel
Ginger Slonaker
Stephen Tabler
Dianne Whitaker, Chair
INVESTMENT ADVISORY COMMITTEE (650) 522-7100
Meeting: 3rd Thursday of Jan/Apr/Jul/Oct at 3:30 p.m., City Hall (Room C)
Jeff Adams
Michael Carney
Chris deLong
Mark Moroni
Margaret Taylor, Chair
GENERAL PLAN SUBCOMMITTEE
Meeting: Varies
Cliff S. Robbins, Chair (Sustainability & Infrastructure Commission) Heather Wolnick, Vice Chair (Park and Recreation Commissioner) Lisa Diaz Nash (City Council Member)
Adam Loraine (City Council Member)
Seema Patel (Planning Commissioner)
Adam Nugent (Planning Commissioner)
Ken Chin (San Mateo Foster City School Board Member)
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.
/s/ PATRICE M. OLDS, CITY CLERK
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 23-7404 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 17, 2023
SUBJECT:
Senior Citizens Appointment Subcommittee – Appointment Recommendation RECOMMENDATION:
Appoint Thomas Lease to the Senior Citizens Commission for a partial term from April 17, 2023 through June 10, 2025.
BACKGROUND:
On April 4, 2023, the Appointment Subcommittee, consisting of Mayor Amourence Lee and Deputy Mayor Lisa Diaz Nash, with Community Services Section Manager Stephanie Douglas advising, interviewed applicants to fill the vacancy on the Senior Citizens Commission.
The Appointment Subcommittee interviewed the following applicants:
•Thomas Lease
•Barbara Miao
The Appointment Subcommittee recommends Thomas Lease be appointed to the Senior Citizen Commission immediate vacancy. Note that applicant Barbara Miao was also recommended for appointment; however, this offer was not accepted.
The City Clerk’s Office will conduct a recruitment for the anticipated vacancy coming up June 10, 2023.
BUDGET IMPACT:
There is no budget impact from this administrative action.
ENVIRONMENTAL DETERMINATION:
This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Boards, Commissions and Committees List
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
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Term
Date
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Term
Expires Term
Date
Appt’d
Term
Expires
COMMUNITY RELATIONS COMMISSION (650) 522-7220
Meeting: 3rd Wednesday, 7:00 p.m. City Hall (Room C)
1 Sheri Boles, Vice Chair 07-19-21 06-10-26
1 Meghan Crowell 06-10-21 06-10-25
1 Noopur Vyas Anand 09-06-22 06-10-26
1 Jerold Nugent, Chair 06-10-20 06-10-24
0 Alli Fitzgerald 01-17-23 06-10-24
PLANNING COMMISSION (650) 522-7212
Meeting: 2nd & 4th Tuesdays, 7:00 p.m. Council Chambers
2 John Ebneter, Vice Chair 06-01-15 06-10-25
1 Adam Nugent 07-19-21 06-10-25
1 Seema Patel 06-10-21 06-10-26
1 Margaret Williams, Chair 07-15-19 06-10-23
0 Martin Wiggins 05-16-22 06-10-24
LIBRARY BOARD (650) 522-7802
Meeting: 4th Monday, 5:30 p.m. Main Library Cedar Rm.
2 Elizabeth De Winter 07-20-15 06-10-23
1 Vacant 09-17-18 06-10-25
0 Vacant 02-16-21 06-10-24
1 Austin Volz, President 01-03-22 06-10-26
0 Shaylona Wheeler, Vice President 01-03-22 06-10-25
SENIOR CITIZENS COMMISSION (650) 522-7400
Meeting: 2nd Monday, every other month beginning in January 4:00 p.m. San Mateo Senior Center
0 Vacant 01-18-22 06-10-25
0 Liz Foreman, Chair 09-20-21 06-10-23
2 Monika Lee, Vice Chair 07-18-16 06-10-24
1 Ellen Wang 07-20-20 06-10-24
2 Mary Webb 02-17-15 06-10-26
PARK AND RECREATION COMMISSION (650) 522-7400
Meeting: 1st Wednesday, 7:00 p.m. City Hall (Room C)
1 Sarah Fields 06-10-21 06-10-25
0 Lindsey Held, Chair 07-20-20 06-10-23
2 Eric Holm 10-06-14 06-10-23
2 J. Christopher Massey 09-21-15 06-10-26
2 Heather Wolnick, Vice Chair 07-17-17 06-10-25
SUSTAINABILITY & INFRASTRUCTURE (650) 522-7153
COMMISSION
Meeting: 2nd Wednesday, 7:00 p.m. Council Chambers
0 Pamela Rittelmeyer 01-17-23 06-10-24
0 Kimi Narita 04-05-21 06-10-23
1 Sigalle Michael 08-15-22 06-10-26
2 Clifford S. Robbins, Chair 08-06-18 06-10-26
1 Susan Rowinski, Vice Chair 08-06-18 06-10-25
PERSONNEL BOARD (650) 522-7260
Meeting: 3rd Tuesday, 7:00 p.m. City Hall (Room C)
1 Caiti Busch 06-10-21 06-10-25
1 Debra Kaiser 06-10-21 06-10-25
2 Gayle Murphy, Chair 07-20-15 06-10-26
1 Vacant 08-19-19 06-10-23
1 Tony Villanueva 01-19-21 06-10-24
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7432
Meets twice a month, Coordinator: Brandon Parra
Youth from the following schools represent the voice of San Mateo teens: Aragon – Hillsdale – Serra – San Mateo
MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358
1 Ed Degliantoni 09-21-15 12-31-24
0 = appointed to unscheduled opening, eligible to serve a first full term 1 = in first term currently
2 = in second (final) term currently
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.
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Term
Date
Appt’d
Term
Expires
MEASURE S OVERSIGHT COMMITTEE (650) 522-7040
Meeting: 3rd Tuesday of the 2nd month of the quarter (February, May, August, November) at 6:00 p.m. City Hall (Room C)
2 Vacant 02-05-18 06-10-24
2 Vacant 02-05-18 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
2 Vacant 02-05-18 06-10-26
1 Vince Siminitus 11-01-18 06-10-23
CIVIC ARTS COMMITTEE (650) 522-7164
Meeting: 2nd Monday, every other month beginning in January, 4:00 p.m. City Hall (Room C)
Robert Gooyer, Vice Chair
Seema Patel
Ginger Slonaker
Stephen Tabler
Dianne Whitaker, Chair
INVESTMENT ADVISORY COMMITTEE (650) 522-7100
Meeting: 3rd Thursday of Jan/Apr/Jul/Oct at 3:30 p.m., City Hall (Room C)
Jeff Adams
Michael Carney
Chris deLong
Mark Moroni
Margaret Taylor, Chair
GENERAL PLAN SUBCOMMITTEE
Meeting: Varies
Cliff S. Robbins, Chair (Sustainability & Infrastructure Commission) Heather Wolnick, Vice Chair (Park and Recreation Commissioner) Lisa Diaz Nash (City Council Member)
Adam Loraine (City Council Member)
Seema Patel (Planning Commissioner)
Adam Nugent (Planning Commissioner)
Ken Chin (San Mateo Foster City School Board Member)
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.
/s/ PATRICE M. OLDS, CITY CLERK
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 23-7405 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 17, 2023
SUBJECT:
Library Board Appointment Subcommittee – Appointment Recommendation RECOMMENDATION:
Appoint to the Library Board: Wendy McCall for a partial term from April 17, 2023 through June 10, 2024; Sheila Canzian for a partial term from April 17, 2023 through June 10, 2025; Richard Wysong for a full term beginning June 10, 2023. Place Meredith Nassihi and Marni Gerber on the eligibility list for one year, should another vacancy on the Library Board occur.
BACKGROUND:
On April 4, 2023, the Appointment Subcommittee, consisting of Mayor Amourence Lee and Deputy Mayor Lisa Diaz Nash, interviewed applicants to fill the vacancies on the Library Board. City Librarian James Moore also attended the interviews in an advisory capacity.
The Appointment Subcommittee interviewed the following applicants:
•Marni Gerber
•Laura Majerus
•Doug Lee
•Meredith Nassihi
•Wendy McCall
•Sarah Phelps
•Sheila Canzian
•Richard Wysong
The Appointment Subcommittee recommends the following appointments:
Recommended Appointee Initial Term Duration
Wendy McCall Immediate through June 10, 2024
Sheila Canzian Immediate through June 10, 2025
Richard Wysong June 10, 2023 through June 10, 2027
BUDGET IMPACT:
There is no budget impact from this administrative action.
ENVIRONMENTAL DETERMINATION:
This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in
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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 - Boards, Commissions and Committees List
STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
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Term
Date
Appt’d
Term
Expires Term
Date
Appt’d
Term
Expires
COMMUNITY RELATIONS COMMISSION (650) 522-7220
Meeting: 3rd Wednesday, 7:00 p.m. City Hall (Room C)
1 Sheri Boles, Vice Chair 07-19-21 06-10-26
1 Meghan Crowell 06-10-21 06-10-25
1 Noopur Vyas Anand 09-06-22 06-10-26
1 Jerold Nugent, Chair 06-10-20 06-10-24
0 Alli Fitzgerald 01-17-23 06-10-24
PLANNING COMMISSION (650) 522-7212
Meeting: 2nd & 4th Tuesdays, 7:00 p.m. Council Chambers
2 John Ebneter, Vice Chair 06-01-15 06-10-25
1 Adam Nugent 07-19-21 06-10-25
1 Seema Patel 06-10-21 06-10-26
1 Margaret Williams, Chair 07-15-19 06-10-23
0 Martin Wiggins 05-16-22 06-10-24
LIBRARY BOARD (650) 522-7802
Meeting: 4th Monday, 5:30 p.m. Main Library Cedar Rm.
2 Elizabeth De Winter 07-20-15 06-10-23
1 Vacant 09-17-18 06-10-25
0 Vacant 02-16-21 06-10-24
1 Austin Volz, President 01-03-22 06-10-26
0 Shaylona Wheeler, Vice President 01-03-22 06-10-25
SENIOR CITIZENS COMMISSION (650) 522-7400
Meeting: 2nd Monday, every other month beginning in January 4:00 p.m. San Mateo Senior Center
0 Vacant 01-18-22 06-10-25
0 Liz Foreman, Chair 09-20-21 06-10-23
2 Monika Lee, Vice Chair 07-18-16 06-10-24
1 Ellen Wang 07-20-20 06-10-24
2 Mary Webb 02-17-15 06-10-26
PARK AND RECREATION COMMISSION (650) 522-7400
Meeting: 1st Wednesday, 7:00 p.m. City Hall (Room C)
1 Sarah Fields 06-10-21 06-10-25
0 Lindsey Held, Chair 07-20-20 06-10-23
2 Eric Holm 10-06-14 06-10-23
2 J. Christopher Massey 09-21-15 06-10-26
2 Heather Wolnick, Vice Chair 07-17-17 06-10-25
SUSTAINABILITY & INFRASTRUCTURE (650) 522-7153
COMMISSION
Meeting: 2nd Wednesday, 7:00 p.m. Council Chambers
0 Pamela Rittelmeyer 01-17-23 06-10-24
0 Kimi Narita 04-05-21 06-10-23
1 Sigalle Michael 08-15-22 06-10-26
2 Clifford S. Robbins, Chair 08-06-18 06-10-26
1 Susan Rowinski, Vice Chair 08-06-18 06-10-25
PERSONNEL BOARD (650) 522-7260
Meeting: 3rd Tuesday, 7:00 p.m. City Hall (Room C)
1 Caiti Busch 06-10-21 06-10-25
1 Debra Kaiser 06-10-21 06-10-25
2 Gayle Murphy, Chair 07-20-15 06-10-26
1 Vacant 08-19-19 06-10-23
1 Tony Villanueva 01-19-21 06-10-24
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7432
Meets twice a month, Coordinator: Brandon Parra
Youth from the following schools represent the voice of San Mateo teens: Aragon – Hillsdale – Serra – San Mateo
MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358
1 Ed Degliantoni 09-21-15 12-31-24
0 = appointed to unscheduled opening, eligible to serve a first full term 1 = in first term currently
2 = in second (final) term currently
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.
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Date
Appt’d
Term
Expires
MEASURE S OVERSIGHT COMMITTEE (650) 522-7040
Meeting: 3rd Tuesday of the 2nd month of the quarter (February, May, August, November) at 6:00 p.m. City Hall (Room C)
2 Vacant 02-05-18 06-10-24
2 Vacant 02-05-18 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
2 Vacant 02-05-18 06-10-26
1 Vince Siminitus 11-01-18 06-10-23
CIVIC ARTS COMMITTEE (650) 522-7164
Meeting: 2nd Monday, every other month beginning in January, 4:00 p.m. City Hall (Room C)
Robert Gooyer, Vice Chair
Seema Patel
Ginger Slonaker
Stephen Tabler
Dianne Whitaker, Chair
INVESTMENT ADVISORY COMMITTEE (650) 522-7100
Meeting: 3rd Thursday of Jan/Apr/Jul/Oct at 3:30 p.m., City Hall (Room C)
Jeff Adams
Michael Carney
Chris deLong
Mark Moroni
Margaret Taylor, Chair
GENERAL PLAN SUBCOMMITTEE
Meeting: Varies
Cliff S. Robbins, Chair (Sustainability & Infrastructure Commission) Heather Wolnick, Vice Chair (Park and Recreation Commissioner) Lisa Diaz Nash (City Council Member)
Adam Loraine (City Council Member)
Seema Patel (Planning Commissioner)
Adam Nugent (Planning Commissioner)
Ken Chin (San Mateo Foster City School Board Member)
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.
/s/ PATRICE M. OLDS, CITY CLERK
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 23-7373 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 17, 2023
SUBJECT:
City Council Priority List – Adoption
RECOMMENDATION:
Adopt the City Council Priority List for fiscal year 2023-24.
BACKGROUND:
The City Council goal setting process includes a three-step deliberation process resulting in the adoption of a Priority List that allows for multi-year resource planning. The first step of the process was a City Council workshop, held on February 11, 2023. At this workshop, the City Council reviewed the adopted fiscal year 2022-23 Priority List, removed operationalized and completed items, and proposed new objectives to add to the Priority List for fiscal year 2023-24.
The second step of the process was held at the March 20th City Council meeting. At this meeting, the City Council reviewed the proposed work plan for each objective, the resource requirements to achieve the proposed work plan, the resource requirement intensities, and accepted public comment on the draft Priority List.
The fiscal year 2023-24 Priority List, included as Attachment 1, is now before the City Council for adoption. Staff will return to the City Council in the fall for a mid-cycle review of the Priority List that will include updates on the status of each objective.
BUDGET IMPACT:
There is no budget impact from this agenda item. Resource requirements for the adopted Priority List are incorporated into the fiscal year 2023-24 budget proposal.
ENVIRONMENTAL DETERMINATION:
This City Council Priority List 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 – City Council Priority List FY 2023-2024
Att 2 – Public Comment
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STAFF CONTACT
Denise Garcia, Management Analyst II
[email protected]
(650) 522-7003
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Fiscal Year 2023-24 City Council Priorities
New # Department Lead(s) Council Priority Proposed Work Plan for Fiscal Year 2023/24 1 City Attorney's Office and
City Clerk's Office
Study campaign finance reform policies, including voluntary expenditure limit, disclosure requirement for independent expenditures, and improving access for voter education
initiatives
Conduct legal research and review campaign ordinances and finance models enacted by other cities. Draft ordinance and present to Council. Evaluate historic election data and increase outreach to voters with limited English proficiency.
2 City Clerk Explore increasing representation of youth and seniors on City Boards and Commissions
Hold a study session to get direction on participation options for Boards and Commissions and then recruit in tandem for any identified new youth positions with Youth Activity Council. 3 City Manager's Office Establish policies to decarbonize existing buildings and infrastructure and eliminate methane gas use by 2030
Develop a decarbonization plan recommending strategies to achieve 2030 goal, partner with Peninsula Clean Energy to promote available rebates and electrification technical assistance programs to property owners, implement adopted 2022 building reach codes. 4 City Manager's Office Integrate master plans to increase efficiency and community impact
Hold a study session to evaluate integration of Diversity, Equity, and Inclusion and Age Friendly priorities across Master Plans and analyze strategies for inclusion of affordable housing and recreational amenities in City projects.
5 City Manager's Office
Design and implement capital improvements for permanent street closure Complete design, bid, and start construction of the pedestrian mall improvements. 6 Community Development Create a racial equity community art project Complete selection process for art, including the community engagement process and Civic Arts Committee recommendation to City Council. Work with the selected artist to implement the project.
7 Community Development Analyze density minimums for mixed-use projects and update the Density Bonus and Community Benefits policies Evaluate options for setting minimum residential density requirements for mixed-use projects and updating the Density Bonus and Community Benefits policies, and present options to Council. Based on Council direction, process applicable code amendments and policy updates. 8 Finance Initiate a Community Budget Process for anticipated revenue from Measure CC
Research community budget processes from comparable cities, develop recommended process, and present to City Council as a part of 2024-25 budget process. 9 Public Works Remove North Shoreview from FEMA Flood Assessment Initiate and complete Letter of Map Revision process with FEMA to formally remove homes out of the special flood hazard zone. Coordinate with the County to include on North Shoreview Flood Assessment fees property tax rolls.
Items to be Completed within the Fiscal Year
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Fiscal Year 2023-24 City Council Priorities
New # Department Lead(s) Council Priority Proposed Work Plan for Fiscal Year 2023/24 10 City Manager's Office Implement the Climate Action Plan and work to reduce greenhouse gas emissions
Continue implementation of measures from the 2020 Climate Action Plan including decarbonization strategies for existing buildings, expansion of electric vehicle infrastructure, and leaf blower policy implementation.
11 City Manager's Office Consider the adoption of wage theft protections Evaluate wage theft policies adopted by other jurisdictions and present policy options to City Council for consideration.
12 City Manager's Office Explore the establishment of Property-Based Improvement Districts
Hold a study session with City Council to explore PBID structure options and work with property owners to gauge interest.
13 City Manager's Office Explore the implementation of a Customer Response Management or 311 system
Hold a study session to determine desired functionality and then analyze available platforms and resources required for implementation.
14 City Manager's Office and
City Attorney's Office Adopt a Retail Cannabis Ordinance Research best practices and outcomes in other jurisdictions and hold a study session with City Council to present policy options for consideration.
15 City Manager's Office and
City Attorney's Office
Review and update the City Charter related to district
elections, mayoral rotation, and filling Council vacancies Hold a study session to determine proposed charter amendments for placement on the 2024 ballot.
16 City Manager's Office and
Public Works
Enhance city-wide disaster response and emergency
preparedness
Evaluate citywide disaster response capabilities to identify any gaps and present an update to City Council on recommended actions.
17 Community Development Update the General Plan
Conduct community outreach and engagement effort for the draft General Plan and Draft Environmental Impact Report (EIR); publish the final General Plan and EIR and hold adoption hearings before the Planning Commission and Council. Enhanced historic preservation narrative, policies and actions will be included in the Draft General Plan. 18 Community Development Implement Housing Element Policies Implement all policies and programs in the Housing Element targeted for 2023/2024 including, evaluating options for strengthening tenant protections under AB1482, researching best practices and resource requirements for a rental registry list, and evaluating policies and code amendment options to allow for missing middle housing under SB 10. 19 Library and Public Works Address structural issues at the Marina Library Engage CEQA consultant for regulatory permitting requirements; identify and obtain approvals from applicable regulatory agencies. Begin design of structural repairs. 20 Public Works Reconstruct all failed streets in San Mateo by 2026 Construct Phase 4 of the program. Complete design and start construction of Phase 5 (final phase) of the program.
21 Public Works Replace all remaining high voltage circuits to improve safety and reliability of the street light system Finish construction of Phase 3. Complete design and start construction of Phase 4. 22 Public Works Fund and deliver the Clean Water Program Continue construction of the Waste Water Treatment Plant Expansion Project, Underground Flow Equalization System, and other sewer collection system improvements.
Items to be Completed within 2 to 5 Years
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Fiscal Year 2023-24 City Council Priorities
New # Department Lead(s) Council Priority Proposed Work Plan for Fiscal Year 2023/24 23 Library Implement Library Space Master Plan Identify potential sources of funds to construct remaining space enhancements.
Implementation of remaining projects are on hold until resources are identified. 24 Parks & Recreation Implement the Central Park Master Plan Complete construction documents, bid, and initiate construction on the Fallen Heroes Memorial and Central Park Playground Renovation projects.
25 Public Works
Expedite efforts to improve the stormwater collection,
drainage, and storage system, including dredging the
Marina lagoon
Conduct public outreach for a property based Citywide stormwater fee, finalize fee study, and follow Prop 218 Process for voter approval.
26 Public Works Meet the 100% trash reduction mandate
Construct the Poplar Golf Course Trash Capture Device. Begin evaluation, selection, and installation of small trash capture devices. Develop and implement a program for conducting inspections and enforcement of private parcels with high and medium trash generating rates. 27 Public Works Implement a Green Fleet by 2030
Continue planning and research for fleet transition plan through Peninsula Clean Energy, acquire transmission plan for review by City, and develop an implementation plan for installation of Electric Vehicle Chargers and infrastructure at key locations for City Fleet uses. 28 Public Works Expedite efforts to produce potable water from the Clean Water Program
Continue to develop a CEQA-ready preliminary design for options on advanced wastewater treatment for reservoir water augmentation and direct potable reuse with the regional partner agencies.
29 Public Works Minimize impacts to residents from train horn noise at City at-grade crossings
Construct improvements in downtown to move towards quiet zone qualification. Meet with railroad stakeholders in preparation for quiet zone establishment. 30 Public Works Plan for the downtown grade separations and long-term train corridor improvements
Continue to evaluate potential grant opportunities for funding grade separation studies. When funding is identified, solicit consultant services for development of the Downtown Grade Separation Plan.
31 Public Works Improve traffic flow on 19th Ave and Fashion Island Boulevard from Grant to Mariners Island Boulevard
Start the design of the Fashion Island Boulevard/Norfolk/19th Avenue intersection and bridge improvements. Seek funding for recommended improvements identified in the Fashion Island Boulevard study.
32 Public Works Complete all High and Medium-High priority projects in the 2020 Bicycle Master Plan and the Pedestrian Master Plan Refine programmatic timeline for future bike improvements. Create a pedestrian master plan implementation plan. Continue design of the Delaware Safe Routes to School protected bike lane project. Complete feasibility study as part of the US101/92 Mobility Hub project that includes the 19th Avenue Fashion Island Blvd protected bike lane.
Items to be completed in 5 or more years
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ETHICS SAN MATEO
DEDICATED TO TRUTH, TRANSPARENCY AND ETHICAL CONDUCT IN CITY GOVERNMENT
P a g e | 1
March 30, 2023
Statement of Position
Regarding City Council’s Refusal to Study a Proposed Ethics Committee While Approving a Study to Give Themselves a Raise On February 11, 2023, the San Mateo City Council held a public study session to consider and discuss goals. The meeting’s intended purpose is published on the city’s website: “Every year the San Mateo City Council holds its annual goal setting meeting (a.k.a. "Blue Sky" meeting) to establish its priorities and strategic initiatives for the City of San Mateo.” The meeting was held at the College of San Mateo, open to the public but with limited space and was not streamed or recorded by the city. Video streaming or recordings may have been done by audience members, as announced by the council. There is no video record of the meeting in the city’s publicly accessible archives and the meeting minutes do not contain any detail of the public comments or council and staff discussions.
Public comment was limited to one minute per speaker, however a speaker from the local chapter of the Silicon Valley Bicycle Coalition (SVBC), was allowed to make a lengthy slide presentation. Ethics San Mateo notes that, as reported in their 2020 Form 990, SVBC had annual revenue of over $1.8m, assets of $1.375m, and had paid salaries of over $800k.
Overall, Ethics San Mateo strongly objects to the marginalization of the comments by San Mateo residents that resulted from the one-minute time limit. It appears that well-funded advocacy groups continue to be given more time and attention.
Two items that were discussed by the City Council are of significant concern to Ethics San Mateo:
1. Councilmember Newsom presented his recommendation that the council study the establishment of what he called an Ethics Committee, considering recent events which have brought the matter of ethical conduct to the forefront.
Newsom brought up specific matters which he felt indicated the need for some form of ethics oversight to become part of the city’s governance. Only he and Councilmember Nash supported the item. The City Manager objected, and the City Attorney stated it was not necessary. Councilmember Hedges commented that he would rather handle ethical breaches “over a cup of coffee”.
As a result of these discussions, the item (simply to discuss an ethics oversight function) was not placed on the “to-do” list.
A video of this discussion is available.
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ETHICS SAN MATEO
DEDICATED TO TRUTH, TRANSPARENCY AND ETHICAL CONDUCT IN CITY GOVERNMENT
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2. An existing, but not yet accomplished item from a previous “Blue Sky” session, was a study to provide a raise for City Council members and commissioners. The item was given a priority without significant discussion or objection. (Note this does not have any relationship to city employees (Civil Servants) and their wages.)
Ethics San Mateo finds that the prioritization of increased pay for council members and commissioners, and the rejection of ethics oversight, is not in the best interest of our city. Our city officials are expected to serve the residents of the city first. That should be their highest priority, while self-enrichment should be their lowest. ESM urges the City Council to revisit their priorities and reconsider establishing an ethics commission comprised of qualified residents with power derived from either rule established by council, ordinance, or charter provision to ensure truth, transparency and ethical conduct in our city government.
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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: 10-1311 File ID: 23-7323 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: April 03, 2023
SUBJECT:
San Mateo County Exposition and Fair Association and the San Mateo Consolidated Fire Department – Memorandum of Understanding and Agreement
RECOMMENDATION:
Approve an amendment to the Memorandum of Understanding with the San Mateo County Exposition and Fair Association and the San Mateo Consolidated Fire Department related to payment for services provided by the City of San Mateo and the San Mateo Consolidated Fire Department; and approve an agreement with the San Mateo County Exposition and Fair Association related to San Mateo Police Department-specific services; and authorize the City Manager to execute the agreements in substantially the form presented.
BACKGROUND:
The San Mateo County Exposition and Fair Association (Association) is a 501(c)3 non-profit corporation that contracts with San Mateo County (County) to operate and manage the event facility owned by the County (Event Center). The Association also operates and manages a satellite wagering facility at the Event Center in accordance with applicable State laws. The City of San Mateo (City) and the Association previously executed a Memorandum of Understanding in August 2018 (2018 MOU) that addressed the Association’s election to pay a certain percentage of pari-mutuel wagers to the City, pursuant to State law, and this MOU expired on June 30, 2022. The parties wish to generally maintain that arrangement but make certain revisions to the agreement, as well as add the San Mateo Consolidated Fire Department (SMC Fire) as a party.
In the original 2018 MOU, the Association remitted 0.33% of pari-mutuel wagers to the City in exchange for the City providing traditional municipal services to the Association. These services include police, traffic control, fire permitting, and fire inspections for events held by the Association at the Event Center, as well as for sewer services. Since the original 2018 MOU, the amount of the 0.33% revenue has declined to the point where it does not cover the cost of services, and fire-related services are no longer performed by the City of San Mateo and are instead provided by the San Mateo Consolidated Fire Department. As a result, the parties have agreed to an amended MOU, included as Attachment 1, that calls for the following:
•The Association will continue remitting the 0.33% revenue to the City; •If the cost of providing the aforementioned services exceed the 0.33% revenue, the City will invoice the Association for the difference on an annual basis; and
•The Association will remit payment to the City, and the City will remit the amount attributable to fire-related services to San Mateo Consolidated Fire Department.
The second agreement (Attachment 2) is between the City and the Association and is related to police and traffic- mitigation services, both for events at the Event Center put on by the Association and events put on by outside parties at
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CITY OF SAN MATEO
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the Event Center. The purpose of this agreement is to establish specific service level and notification expectations between the two parties to ensure the San Mateo Police Department is able to provide services as needed for events.
BUDGET IMPACT:
There is no net impact to the General Fund related to these agreements, as both ensure that the City is compensated for services provided at the Event Center.
ENVIRONMENTAL DETERMINATION:
This administrative action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Memorandum of Understanding with San Mateo County Exposition and Fair Association and San Mateo Consolidated Fire Department
Att 2 – Agreement with San Mateo County Exposition and Fair Association
STAFF CONTACT
Drew Corbett, City Manager
[email protected]
(650) 522-7002
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Amended and Restated MOU San Mateo Exposition and Fair Association/City of San Mateo/SMCFD Page 1 of 6
AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF SAN MATEO,
THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT, AND THE
SAN MATEO COUNTY EXPOSITION AND FAIR ASSOCIATION,
REGARDING THE SAN MATEO COUNTY EVENT CENTER
I. INTENT AND BACKGROUND OF THE MEMORANDUM OF UNDERSTANDING
The San Mateo County Exposition and Fair Association (“Association”) is a 501(c)(3) non-profit corporation that contracts with San Mateo County (“County”) to operate and manage a 48-acre event facility owned by the County (“Event Center”) and located within the boundaries of the City of San Mateo. The Event Center hosts the annual County Fair, as well as hundreds of events each year, including trade/consumer shows, product launches, concerts, social gatherings, corporate meetings, and sporting events.
The Association also operates and manages a satellite wagering facility at the Event Center, in accordance with applicable state laws.
The City of San Mateo (the “City”) is a charter city and California municipal corporation.
The San Mateo Consolidated Fire Department (“SMC Fire”) is a Joint Powers Authority that provides fire protection and prevention services to the cities of San Mateo, Foster City, and Belmont.
The City and the Association previously executed a Memorandum of Understanding in August 2018 (“2018 MOU”) that addressed the Association’s election to pay a certain percentage of pari-mutuel wagers to the City, pursuant to State law, and expired on June 30, 2022.
The City and the Association wish to generally maintain that arrangement but make certain revisions to the agreement, extend its term, and add SMC Fire as a party.
The City, Association, and SMC Fire intend that if the County terminates its agreement with the Association to operate and manage the Event Center, the County shall be encouraged to succeed to all rights and responsibilities under this MOU as set forth in Section VI, below, but with the right to terminate this MOU upon 30 days’ notice to the City, as set forth in a future agreement.
This Amended and Restated Memorandum of Understanding (MOU) between the City, the SMC Fire, and the Association (collectively, the “parties”) sets forth the parties’ agreement concerning:
1. The Association’s election to assess, pursuant to Business and Professions Code Section 19610.4, .33% of the amounts retained by the Event Center
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Amended and Restated MOU San Mateo Exposition and Fair Association/City of San Mateo/SMCFD Page 2 of 6 from total pari-mutuel wagers from the satellite wagering facility operated by the Association at the Event Center (the “.33%”), and its current option to pay that amount to the City;
2. The City’s agreement, in exchange for the Event Center’s continued election to assess the .33% and to pay such amount to the City, to provide ordinary and traditional municipal services, as defined herein, to the Association in connection with its management and operation of the Event Center; and
3. SMC Fire’s agreement, in exchange for reimbursement for the cost of its services by the City and/or Association, to provide fire department related municipal services, as defined herein, to the Association in connection with its management and operation of the Event Center.
II. TERM and TERMINATION
A. TERM: The term of this MOU shall commence on the date last signed by the parties and terminate on June 30, 2026, unless terminated prior to that date in accordance with the termination provisions below.
B. TERMINATION: Any party may terminate this MOU for any reason, provided that the party wishing to terminate submits to the other parties their written intent to do so at least one hundred twenty (120) days in advance of the intended effective date of the termination. Subject to the parties' mutual agreement, this MOU may be terminated without cause with less than one hundred twenty (120) days' advance written notice.
C. TERMINATION BY OPERATION OF LAW: This MOU shall terminate automatically at such time as the Association, or its successor or assignee, ceases to operate a satellite wagering facility or conduct a racing meeting pursuant to Business and Professions Code Section 19610.4, or the Association, or its designated successor or assignee, shall cease to have legal authority to assess the .33%.
D. ENTIRE AGREEMENT: This Amended and Restated MOU constitutes the whole and entire agreement between the parties hereto and supersedes any prior agreement (including the 2018 MOU), undertaking, declarations, commitments or representations, verbal or oral, in respect of the subject matter hereof.
III. CITY, SMC FIRE, AND ASSOCIATION COMMITMENTS AND RESPONSIBILITIES A. The Association’s Obligations:
1. The Association shall, during the pendency of this MOU and any applicable extension thereof, continue its current election to deduct the .33% pursuant to Business and Professions Code Section 19610.4.
2. The Association shall, during the pendency of this MOU and any applicable extension thereof, exercise its option to distribute to the City the .33% pursuant to Business and Professions Code Section 19610.4.
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3. If the cost of municipal services, as hereafter defined, provided by the City and SMC Fire exceed the .33% distribution paid to the City, calculated on an annual basis, then the Association shall pay the difference to the City within 30 days of receipt of an invoice for excess costs.
4. For events held at the Event Center that are not sponsored by the Association, the Association shall ensure the City is reimbursed for costs of municipal services provided, hereafter defined, within 30 days of receipt of an invoice, except where the City will be reimbursed under an agreement with a third party for the same event.
5. For events held at the Event Center that are not sponsored by the Association, the Association shall ensure that SMC Fire is reimbursed for the costs of fire department municipal services provided, hereafter defined, within 30 days of receipt of an invoice, except where SMC Fire will be reimbursed under an agreement with a third party for the same event.
B. The City’s Obligations:
1. The City shall, in exchange for receipt of the .33% distributed pursuant to Business and Professions Code Section 19610.4, provide municipal services to the Event Center, defined as follows: police and traffic control at or for events held by the Association at the Event Center, and sewer services.
2. The City shall maintain an accounting of the cost of all such municipal services provided to the Association by the City, as defined above in Section B.1, and amounts received from the Association in the form of the .33% pursuant to Business and Professions Code Section 19610.4, and shall provide a copy of the accounting to the Association upon request and whenever the City invoices the Association for excess costs, as described below in Section B.3.
3. If the cost of municipal services provided by the City, as defined above in Section B.1, and SMC Fire, as defined below in Section C.1, exceed the amount paid to the City in the form of the .33% distributed pursuant to Business and Professions Code Section 19610.4, calculated on an annual basis, then the City shall invoice the Association for excess costs no later than July 30th of each year.
4. The City shall be solely responsible for reimbursing SMC Fire for its services, defined in section III (C), and nothing in this MOU shall obligate the Association to ensure that SMC Fire is reimbursed for its services once payments are made to the City pursuant to Section A.3.
5. The City shall provide an invoice to the Association for services provided related to events held at the Event Center that are not sponsored by the
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Amended and Restated MOU San Mateo Exposition and Fair Association/City of San Mateo/SMCFD Page 4 of 6 Association within 30 days of services provided, except where the City will be reimbursed under an agreement with a third party for the same event. While it is the understanding of the parties that the Association will seek payment from the event holder, it is the obligation of the Association to pay the invoice as specified.
C. SMC Fire Obligations:
1. SMC Fire shall, in exchange for the City’s receipt of the .33% pursuant to Business and Professions Code Section 19610.4 and City reimbursement to SMC Fire, provide fire department municipal services to the Event Center, defined as follows: fire inspection and fire permitting.
2. SMC Fire shall maintain an accounting of the cost of all such fire department municipal services provided to the Association, as defined above in Section C.1, and shall provide a copy of the accounting to the Association upon request and whenever the City invoices the Association for excess costs, as described above in Section B.3.
3. SMC Fire shall provide an invoice to the Association for services provided related to events held at the Event Center that are not sponsored by the Association within 30 days of services provided. While it is the understanding of the parties that the Association will seek payment from the event holder, it is the obligation of the Association to pay the invoice as specified.
D. Nothing in this MOU shall relieve the City and/or SMC Fire from providing general police and fire services to the Event Center at no additional cost.
IV. FEES AND CHARGES BY CITY AND SMC FIRE AGAINST EXHIBITORS, NO ADMISSION A. Nothing in this MOU shall prevent or prohibit the City and SMC Fire from assessing lawful fees or charges against entities contracting with the Association for shows, events, and exhibitions at the Event Center for police, fire, or other city services in connection with such shows, events or exhibits.
B. Nothing in this MOU constitutes an agreement or admission by the parties as to whether Business and Professions Code Section 19610.4 legally obligates the City or the SMC Fire to provide the ordinary and traditional municipal services, as defined above in Section B.1 and C.1, to the Event Center free of charge.
V. INDEPENDENCE OF PARTIES
Each party hereto shall perform its responsibilities and activities described herein independently and not as an officer, agent, employee, employer, representative, contractor, landlord, tenant, partner, owner, or volunteer of the other party hereto. Each party shall be solely responsible for the acts and
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Amended and Restated MOU San Mateo Exposition and Fair Association/City of San Mateo/SMCFD Page 5 of 6 omissions of its officers, agents, representatives, guests, volunteers, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
VI. ASSIGNABILITY AND SUCCESSION
The Association shall have to right to assign its rights and obligations under this MOU to the County at any time.
VII. MUTUAL INDEMNIFICATION
A. Each party to this MOU shall indemnify and hold harmless the other party and its respective officers, directors, employees, agents, and members and each of them from and against any and all third-party claims, including costs of defense thereof, caused by or arising from the wrongful conduct of the indemnifying party, its officers, directors, employees, agents, or members.
The terms of this provision shall survive the expiration of this MOU The indemnification provisions above shall not apply to any liability, damage, loss, or expense to the extent that it is directly attributable to the negligent activities, reckless misconduct, or intentional misconduct of the indemnitee.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
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Amended and Restated MOU San Mateo Exposition and Fair Association/City of San Mateo/SMCFD Page 6 of 6
CITY OF SAN MATEO
ASSOCIATION
Drew Corbett
City Manager
Date Dana Stoehr
Chief Executive Officer
Date
APPROVED AS TO FORM
SAN MATEO CONSOLIDATED
FIRE DEPARTMENT
Prasanna W. Rasiah
City Attorney
Date Drew Corbett
Chief Administrative Officer
Date
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AGREEMENT BETWEEN THE CITY OF SAN MATEO AND
THE SAN MATEO COUNTY EXPOSITION AND FAIR ASSOCIATION
FOR POLICE AND TRAFFIC MITIGATION SERVICES
REGARDING THE SAN MATEO COUNTY EVENT CENTER
This Agreement is entered into by and between the San Mateo County Exposition and Fair Association (“Association”), a non-profit 501(c)(3) organization, and the City of San Mateo, a charter city and municipal corporation ("City") (together, the “parties”). The Association contracts with San Mateo County (“County”) to operate and manage the San Mateo County Event Center ("Event Center"), a 48- acre event facility owned by the County.
RECITALS
WHEREAS, it is necessary and desirable that City be engaged by Association for the purpose of performing services hereinafter described in Exhibit A; and
WHEREAS, on __________, 2023, the Association, the City, and the San Mateo Consolidated Fire Department (“SMC Fire”) entered into an Amended and Restated Memorandum of Understanding regarding municipal services provided to the Association by the City and SMC Fire in exchange for receipt of the .33% deducted from the total pari-mutuel wagers placed at the Event Center’s satellite wagering facility distributed pursuant to Business and Professions Code Section 19610.4 (“MOU”); and
NOW, THEREFORE, in consideration of the payments hereinafter set forth, City shall perform municipal services pursuant to Business and Professions Code Section 19610.4 for the Event Center (“Services”) in accordance with the terms and conditions set forth herein and in Exhibit A attached hereto and by this reference made a part hereof, and, in consideration of the S ervices rendered in accordance with all terms and conditions set forth herein and in Exhibit A, Association shall make payment to City in the ma nner specified in Exhibit B . If the Association does not meet the terms and conditions set forth herein and in attached Exhibits, the City will not be required to provide Services set forth herein.
SECTION 1 - TERM
This Agreement shall commence on the date last signed by the parties and terminate on June 30, 2026, with the option to renew the Agreement for two (2) additional one (1) year terms upon the mutual consent of the parties.
SECTION 2 - TERMINATION
After execution of this Agreement, e ither Party may terminate this Agreement, in whole or in part, or suspend work for any reason, by giving written notice specifying the effective date and scope of such termination. Termination shall be effective on a date not less than sixty (60) days from such notice.
In the event of termination, City shall be paid for all work satisfactorily performed pursuant to this Agreement until termination, except where the Associ ation determines the quality or quantity of the work performed is unacce ptable. Such payment shall be that portion of the full payment, which is
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determined by comparing the S ervices completed to the S ervices required by the Agreement. In the event termination is for breach, either party shall have 10 days to cure such breach. If breach is not cured, termination is effective immediately upon expiration of the 10-day cure period.
SECTION 3 - INDEPENDENT CONTRACTORS
It is understood that this is an Agreement by and between independent contractors and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture of association, or any other relationship whatsoever other than that of independent contractor. City shall have no authority, expressed or implied, pursuant to this Agreement to act on behalf of Association in any capacity whatsoever, and City shall have no authority, expressed or implied, pursuant to this Agreement to bind Association to any obligation whatsoever.
SECTION 4 - PAYMENT
Payment for the provision of Services by the City shall be made in accordance with the MOU , as referenced in the recitals to this Agreement.
Services provided by the City and the rates for such S ervices are listed in Exhibit B. These rates shall be ad justed on an annual basis to correspond to the Outside Detail Rates for police services as adopted in the City’s Comprehensive Annual Fee Schedule.
In the event that the City must augment staffing or service provision for an event with personnel from other San Mateo County law enforcement agencies, the rate charged shall be commensurate to the actual rate charged by that agency, which may be higher/lower than the rate listed on the City’s Outside Detail Rates.
SECTION 5 – FEES AND CHARGES BY CITY AGAINST EXHIBITORS
Nothing in this Agreement shall prevent or prohibit the City from assessing lawful fees or charges against entities contracting with the Association for shows, events, exhibitions, etc., at the Event Center for Services in connection with such occurrences.
SECTION 6 – EVENT NOTIFICATION, PLANNING, AND COORDINATION
Recognizing that planning for successful events requires sufficient time to assess the specific needs of the event, mobilize resources, and coordinate plans, the Association should provide the City with knowledge of upcoming events as early as possible, but no later than forty-five (45) days in advance.
When providing notice, the Association shall do so in writing through the designated City point-of- contact and provide related information as outlined in Exhibit A.
This requirement is balanced with an understanding that there may be unexpected instances in which the Association lacks sufficient time to comply with this requirement. In those instances, the Association shall notify the designated point- of-contact for the City in writing that the event will occur and related information, which is further outlined in Exhibit A, as s oon as they are made aware of the event in question. Such instances should be uncommon exceptions to the guidelines as outlined above.
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Within ten ( 10) days of notification, the City and Association will ensure that appropriate staff from the City and the Association along with event sponsors and participants are identified and coordinated with for optimal planning efforts. Following such planning and coordination, no l ess than thirty (30) days in advance of the event in question, the City will provide their recommendations for security and traffic -related event staffing and management based on past and best practice s. The Association shall proceed in accordance with these recommendations , unless the Association identifies specific financial or logistical reasons why it cannot do so.
Based on these recommendations, the Association shall determine the number of personnel and/or private security required twenty-one (21) days before the event and share those in writing with the City. Based on the City and Association ’s planning efforts, both parties shall confirm operational protocols as outlined in Exhibit A no later than seven (7) days in advance of the event. The timelines established here due not supersede City -established timelin es for submittals, such as encroachment permit applications and associated plans.
There may be instances in which the City will be unable to staff events solely with City personnel.
In such instances, the City will ensure adequate staffing through coor dination with other law enforcement agencies or other private entities (i .e., parking enforcement staff) in San Mateo County, most commonly by having personnel from those agencies supplement staffing. In these instances, the City will provide notice of this fact to the in advance of the specific event.
SECTION 7 - FIRST RIGHT OF REFUSAL
The City will have first right of refusal for responsibility for public safety recommendations, plans, and provision of Services for events at the Event Center. If the City waives this right, the Association may request and hire another entity for these re sponsibilities, with the understanding that such an entity assumes the entirety of responsibility for such recommendations, plans, and provision of S ervices for the respective event and subsequent needs.
SECTION 8 - FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS
Association is an equal opportunity employer. By entering into this Agreement, City certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, Title VII of the Civil Rights Act of 1973, the California Fair Employment Practices Act and any other Federal or State laws and regulations related to Equal Emplo yment Opportunity. City's personnel policies shall be made available to District upon request.
SECTION 9 - FAILURE TO PERFORM
If, at any time, in the opinion of Association, City fails to render Services of proper quality or has failed to perform, keep, and observe any of the terms or conditions herein contained on the part of City to be performed, kept, and observed, Association may give City written notice to correct such conditions or cure such default; and if any such condition or default shall continue for ten (10) days after said written notice, then, and in that event, this Agreement shall cease and expire.
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If, at any time, in the opinion of the City, the Association has failed to perform, keep, and observe any of the terms or conditions herein contained on the part of the Association to be performed, kept, and observed, the City may give the Association written notice to correct such conditions or cure such default; and if any such condition or default shall continue for ten (10) days after said written notice, then, and in that event, this Agreement shall cease and expire.
SECTION 10 - FORCE MAJEURE
Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but not be limited to, Acts of God, labor disputes, civil disruptions, acts of war, epidemics, fire, electrical power outages, earthquakes or other natural disasters, crisis incidents, major criminal investigations, or serious local public safety matters which would require the City to maximize available resources.
SECTION 11 - LICENSES, PATENTS, PERMITS
Prior to commencement of Services to be performed under this Agreement, City shall apply for, obtain and maintain in current status, at his/her own expense, any license, permit, or approval required from any agency for the performance of said S ervices, or forfeit any right to compensation under this Agreement.
SECTION 12 - INDEMNIFICATION
Each party to this MOU shall indemnify and hold harmless the other party and its respective officers, directors, employees, agents, and members , and each of them , from and against any and all third-party claims, including costs of defense thereof, caused by or arising from the wrongful conduct of the indemnifying party, its officers, directors, employees, agents, or members.
The terms of this indemnification provision shall survive the expiration of this agreement.
The indemnification provisions above shall not apply to any liability, damage, loss, or expense to the extent that it is directly attributable to the negligent activities, reckle ss misconduct, or intentional misconduct of the indemnitee.
SECTION 13 - ACCESSIBILITY
City hereby warrants that the S ervices to be provided under this Agreement comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) and its implementing regulations set forth in Title 36, Code of Federal Regulations, part 1194. City agrees to promptly respond to and resolve any complaint regarding accessibility of its Services which is brought to City's attention. City further agrees to indemnify and hold harmless the Association , its governing board, officers, employees, and agents from and against any claim arising out of City's failure to comply with the aforesaid requirements. Failure to comply with the aforesaid requirements shall constitute a breach and shall be cause for termination of this Agreement.
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SECTION 14 - NONASSIGNABILITY
City shall not assign this Agreement or any portion thereof to a third party without the prior written consent of Association , and any attempted assignment without such prior written consent in violation of this paragraph is null and void and shall automatically terminate this Agreement. In the event of any assignment in violation of this paragraph , City shall remain liable to Association as principal for the performance of all obligations under this Agreement.
SECTION 15 - 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 thirty ( 30) days of a request unless the parties mutually agree to extend this period. The medi ator 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 sixty (60) days, unless the maximum time is extended by the parties.
If a mediated settlement is reached, neither party shall be the prevailing party for the purposes of the mediated settlement. Each party agrees to bear an equal quota of the expenses of the mediator.
A party that refuses to participate in mediation or refuses to participate in the selection of a mediator cannot file a legal action. The non -refusing party shall be permitted to file a legal action immediately upon the other party’s refusal to participate in mediation or the selection of a mediator.
SECTION 16 - SEVERABILITY
Should any part of this Agreement be declared through a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or to carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexercised portion, can be interpreted reasonably to give effect to the intentions of the parties.
SECTION 17 - AMENDMENTS
This Agreement may be amended only by written instrument signed by both Association and City which writing shall state expressly that it is intended by the parties to amend the terms and conditions of this Agreement.
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SECTION 18 - GOVERNING LAW AND VENUE
This Agreement, including all exhibits attached hereto and incorporated herein by reference, shall be construed in and governed by the laws of the State of California. The parties consent to the exclusive jurisdiction and venue of the Superior Court of San Mateo County, California.
SECTION 19 - LITIGATION
City shall testify at Association’s request if litigation is brought against Association in connection with City’s Services under this Agreement. Unless the action is brought by C ity, or is based upon City 's wrongdoing, Association shall compensate City for preparation for testimony, testimony, and travel at City’s standard hourly rates at the time of actual testimony.
SECTION 20 - ENTIRE AGREEMENT
This Agreement, including all exhibits attached hereto and incorporated herein by reference, constitutes the sole agreement of the parties hereto and correctly states the rights, duties , and obligations of each party. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are of no force or effect. In the event of a conflict between the terms and conditions set forth here in and those in the exhibits attached hereto, the terms and conditions set forth herein shall prevail.
SECTION 21 – WAIVERS
No waiver of default by Association of any terms or conditions hereof to be performed, kept, or observed by City shall be construed to be or act as a waiver of any subsequent default of any of the terms and conditions herein contained.
SECTION 22 - NOTICES
All notices to be given between the parties hereto shall be in writing and may be served by commercial express/overnight courier service or by depositing the same in the United States mail (with a copy sent via electronic mail), postage prepaid and certified receipt requested and addressed to:
"Association"
San Mateo County Event Center
Dara Stoehr, CEO
2495 South Delaware Street
San Mateo, CA 94403
Email: [email protected]
"CITY"
San Mateo Police Department
Ed Barberini, Chief of Police
200 Franklin Parkway
San Mateo, CA 94402
Email: [email protected]
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Either party by written notice to the other party may change the address of the notice or the names of the persons or parties to receive written notices.
IN WITNESS WHEREOF, CITY OF SAN MATEO and ASSOCIATION have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
ASSOCIATION
Drew Corbett
City Manager
Approved as to Form
___________________________
Prasanna W. Rasiah
City Attorney
Date Dana Stoehr
Chief Executive Officer
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
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Memorandum of Understanding Page 8 of 9
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EXHIBIT A
SCOPE OF SERVICES
Notification Information
• As outlined in Section 6 of the MOU (referenced in the recitals to this Agreement), when possible, the Association shall provide the City the following information by way of example but not limitation:
o Name of Event
o Date(s) and times of the event
o Nature of Event
o Promoter
o Expected Attendance
o Expected traffic and parking impacts
To include estimates of arrivals and departures per hour for all modes of transportation Ingress/egress plans for attendees for all modes of travel o If the event has been hosted at the Event Center previously and if so, a summary of that occurrence to include attendance, issues related to security, traffic, community impact, etc. o Other locations or venues where the event has recently occurred o Public safety and/or security concerns
o Potential impact to adjacent neighborhoods, not already included in the above information, due to exceeding noise or lighting requirements.
o Any other consideration that may be beneficial to optimally plan for the event
Operational Protocols
• As outlined in Section 5 of the MOU, when possible, the City and Association shall confirm operational plans and protocols, which include the following by way of example but not limitation:
o Police staff responsibilities
Daily point of contact for City and Association
Communication platforms to be used between City and Association Security operational expectations (i.e.: what Police staff are generally expected to do) Security areas of focus, including zones, posts, and/or stations Number of staff per zone, post, and/or station
Traffic management operational expectations (i.e.: what City staff are generally expected to do)
Traffic management areas of focus, including zones, posts, and/or stations Number of staff per zone, station, and/or post
o Association Privately Contracted Security and/or Traffic Management If the Association hires its own private security and/or traffic management employees, they shall provide the following:
• The name and point of contact of the associated vendor/company • The number of employees expected to staff the event
• Operational plans for security staff, security infrastructure, traffic management, etc.
o Where the Association anticipates either more than 5,000 attendees in any 6-hour period or more than 1,500 vehicle arrivals or departures per hour for 2 or more hours in any 6-hour period, the Association shall coordinate with the Public Works department to determine if changes to roadway configurations, intersection operations, or event operational changes (i.e., start/end times, hours, ingress/egress locations, etc.) are needed. Such changes may require submittal of an encroachment permit application.
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Memorandum of Understanding Page 9 of 9
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EXHIBIT B
PAYMENT RATES
Services shall be billed to “San Mateo County Event Center” and become payable after satisfactory completion of Services and upon presentation of detailed invoice(s) specifying Services being provided. Invoices shall be sent to the Event Center representa tive specified in Section 22 (Notices) of this Agreement. The City may revise the following payment rates upon written notice to the Event Center, following City Council approval of an update to these rates in its Master Fee Schedule.
SERVICE TO BE PERFORMED
PAYMENT RATE
Category C (For-profit
or non-tax-exempt)
PAYMENT RATE
Category B
(Non-profit)
Provide POST-certified police officers to provide Services for events at the Event Center.
$135.84 per hour $108.67 per hour
Provide POST-certified police sergeants to provide
supervision of Services for events at the Event Center. $162.99 per hour $130.39 per hour
Provide Dispatchers to provide Services to events at the Event Center.
$106.97 per hour $85.58 per hour
Provide staff for parking and/or traffic management,
through contracted parking enforcement staff.
$55.50 per hour $44.40 per hour
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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: 9 Section Name: CONSENT CALENDAR Account Number: 10-2021 File ID: 23-7314 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Finance Department
MEETING DATE: April 17, 2023
SUBJECT:
Planet Equity Group, LLC Professional Finance and Human Resources Services – Amendment RECOMMENDATION:
Approve Amendment No. 1 to the agreement with Planet Equity Group, LLC approving an assignment of the agreement from Planet Equity Group, LLC to Planet Professional, LLC for professional finance and human resources services; approve an increase of the budget for the agreement in the amount of $67,500.01 for a new agreement total of $167,500; and authorize the Finance Director to execute the amendment in substantially the form presented.
BACKGROUND:
The City entered into an agreement with Planet Equity Group, LLC (Planet) on April 25, 2022 for professional finance and human resources services as a part of the enterprise resource planning (ERP) system implementation in an amount not to exceed $99,999.99 and was executed under the City Manager's contract authority. Additional contract authority is necessary to support the Finance Department through the end of calendar year 2023 to align with completion of Phase II of the Workday ERP implementation. Amendment No. 1 also affirms an assignment from Planet Equity Group, LLC (Planet Equity) to Planet Professional, LLC (Planet Professional). Planet Equity is the parent company of Planet Professional, which is the subsidiary entity that is providing professional finance and human resources services to the City. The agreement erroneously listed Planet Equity as a party due to clerical error. Amendment No. 1 corrects this error by approving an assignment of the agreement from Planet Equity to Planet Professional in addition to amending the agreement budget total. Based on the above, staff recommends approval of Amendment No. 1 to the agreement.
BUDGET IMPACT:
The Finance Department is projected to have sufficient budget in fiscal year 2022-23 to absorb the additional cost. As such, no additional budget appropriations are required.
ENVIRONMENTAL DETERMINATION:
This agreement amendment is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Amendment No. 1
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CITY OF SAN MATEO
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STAFF CONTACT
Rich Lee, Director, Finance
[email protected]
(650) 522-7102
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Contract Amendment Page 1 of 3
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AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE CITY OF SAN MATEO AND PLANET EQUITY GROUP, LLC
FOR PROFESSIONAL FINANCE AND HUMAN RESOURCES SERVICES
AND APPROVING AN ASSIGNMENT OF THE AGREEMENT
FROM PLANET EQUITY GROUP, LLC TO PLANET PROFESSIONAL, LLC ($99,999.99 [Original Amount] $67,500.01 [added amount]) WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Planet Equity Group, LLC (“Planet Equity”), entered into an Agreement for professional finance and human resources services (“Agreement”) on April 25, 2022; and WHEREAS, Planet Equity was erroneously listed as a party to the Agreement due to a clerical error; and
WHEREAS, Planet Equity is the parent company of Planet Professional, LLC (“Planet Professional”), its subsidiary, which provides professional finance and human resources services pursuant to the Agreement; and
WHEREAS, Planet Equity desires to assign the Agreement to Planet Professional to correct the error; and
WHEREAS, Planet Professional agrees to the assignment and agrees it is bound in full force and effect by the Agreement terms since execution of the Agreement; and WHEREAS, City is agreeable to the assignment and desires additional budget on the Agreement for continued professional finance and human resource services; and WHEREAS, City and Planet Professional wish to amend the Agreement to affirm the assignment and increase the budget of the Agreement.
NOW, THEREFORE, the parties agree as follows:
1. The Agreement is amended to reflect an assignment of the Agreement from Planet Equity Group, LLC to Planet Professional, LLC. As such, all references to “CONSULTANT” shall mean Planet Professional, LLC in the Agreement. Planet Professional, LLC accepts this assignment, assumes all obligations of Planet Equity Group, LLC under the Agreement, agrees to be bound by all provisions of the Agreement, and agrees to perform all obligations of Planet Equity Group, LLC under the Agreement as a direct obligation to City from and after the effective date of this amendment.
2. Section 5 “Payment” of the Agreement is amended to read as follows:
“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
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Contract Amendment Page 2 of 3
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to pay CONSULTANT a fee not to exceed $167,500.00, pursuant to rates stated in Exhibit B, attached and incorporated by reference.
3. Section 20 “Notice” of the Agreement is amended to read as follows:
TO CONSULTANT: Planet Professional, LLC
Attn: Amy Paster, Director, Business Development
2020 Camino Del Rio N Suite 305
San Diego, CA 92108
4. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 3 of 3
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IN WITNESS WHEREOF, CITY OF SAN MATEO and Planet Professional, LLC have executed this Amendment on ___________________.
CITY OF SAN MATEO PLANET PROFESSIONAL, LLC
Drew Corbett
City Manager
Date Steven Jorgenson
Its Authorized Agent
Legal Operations Director
Date
APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 10-2021 File ID: 23-7383 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Finance Department
MEETING DATE: April 17, 2023
SUBJECT:
2023 Annual Investment Policy – Approval
RECOMMENDATION:
Adopt a Resolution to approve the City of San Mateo 2023 Investment Policy.
BACKGROUND:
The investment of funds by a California local agency, including the types of securities in which an agency may invest, is governed by the California Government Code (Sections 53000-53610). The City’s Investment Policy may be more restrictive than the Government Code; however, it may not be more permissive. Formal investment policies by local agencies are not required by law, but they are considered a best practice to provide guidelines for investing City funds in accordance with the Government Code. The City’s practice is to have the City Council review and approve the policy annually regardless of whether or not there are recommended changes.
Strategic Initiative 34 of the City Council's 2022-23 Strategic Plan is to study the fiscal impact of adopting an Environmental, Social, and Governance (ESG) provision for the City’s investment policy. Chandler Asset Management (Chandler), the City's investment advisor, provided an ESG presentation to the Investment Advisory Committee (IAC) on July 21, 2022, during which the IAC recommended that the City not implement any ESG or socially responsible investing (SRI). The City Council held a study session on March 6, 2023, where it received an overview from the Chandler on ESG and SRI. After discussion and deliberation, the Council provided direction to incorporate SRI language into the City's investment policy that precludes investments in issuers that receive a significant portion of their revenues from the manufacture of tobacco products, fossil fuels, firearms, or weapons not used in our national defense. The proposed 2023 Investment Policy was reviewed by the IAC on April 4, 2023, and recommended for approval by the City Council.
The attached draft Investment Policy for 2023, included as Att 2, incorporates the proposed language into Section VIII - PROHIBITED INVESTMENT VEHICLES AND PRACTICES. Section VII - AUTHORIZED INVESTMENTS of the proposed Investment Policy has been amended to modify the percent of the market value of the City's total portfolio that may be invested in the California Asset Management Program (CAMP) from 20 percent to 30 percent to provide greater flexibility for the City's investment portfolio and with vehicles that provide high liquidity, such as the Local Agency Investment Fund (LAIF), CAMP, and the San Mateo County Pool. Increasing the percent of market value of the total investment portfolio for CAMP will align with the maximum percent permitted for the county pool and provide staff with the ability to keep more of the City's available cash (cash that is not needed for operating purposes) in the investment pool providing the highest yield, as safety and liquidity are effectively equivalent between the investment pools.
BUDGET IMPACT:
Approval of the proposed changes to the City's Investment Policy for 2023 will not have a budgetary impact.
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CITY OF SAN MATEO
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ENVIRONMENTAL DETERMINATION:
This investment policy is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 – Investment Policy Track Changes
STAFF CONTACT
Rich Lee, Director, Finance
[email protected]
(650) 522-7102
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CITY OF SAN MATEO
RESOLUTION NO. ________ (2023)
ANNUAL ADOPTION OF THE INVESTMENT POLICY
WHEREAS, investment policies guide staff and their advisors for all investment activities on behalf of cities; and
WHEREAS, those investment activities are primarily governed by the individual city’s adopted investment policies and by California state law (Government Code sections 53600- 53610); and
WHEREAS, the Investment Policy for the City of San Mateo is consistent with state law and, for the purpose of added safety and liquidity, is more restrictive than state law; and WHEREAS, Government Code section 53646 requires annual review and approval of a city’s investment policy only if there are changes; however, it encourages cities to conduct an annual review and approval process even if there are no proposed changes; and WHEREAS, recognizing the importance of the City’s Investment Policy, staff proposes to continue the annual Council review and approval process even if there are no proposed changes; and
WHEREAS, the Investment Advisory Committee concurs with staff’s recommendation to adopt the 2023 Investment Policy.
NOW, THEREFORE, THE SAN MATEO CITY COUNCIL HEREBY RESOLVES that:
1. Adoption of the City’s Investment Policy 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 2023 Investment Policy for the City is hereby adopted.
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ADOPTED – January 18, 2022
BY CITY COUNCIL
THE CITY OF SAN MATEO
AND CITY OF SAN MATEO, ACTING AS SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN MATEO
I. SCOPE AND AUTHORITY
In accordance with the Charter of the City of San Mateo, (the “City”), the Finance Director/City Treasurer is responsible for investing the unexpended cash of the City and the Successor Agency to the Redevelopment Agency of the City of San Mateo (the “Successor Agency”) in the City Treasury. The authority governing investments for local agencies is set forth in the California Government Code Sections 41006 and 53600 et. seq.
This Investment Policy (the “Policy”) applies to all the investment activities of the City and the Successor Agency. The Policy will also apply to all other funds under the Finance Director/City Treasurer’s span of control unless specifically exempted by statute or ordinance. All the invested financial assets are accounted for in the City’s fund accounting system which includes: General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds, Debt Service Funds, Internal Service Funds, and Successor Agency Funds.
All cash shall be pooled for investment purposes. The investment income derived from the pooled investment account shall be allocated to the contributing funds based upon the proportion of the respective average balances relative to the total pooled balance. Investment income shall be distributed to the individual funds not less than annually.
II. OBJECTIVES
City and Successor Agency funds shall be invested in accordance with all applicable City policies and codes, State statutes, and Federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order:
A. Safety of principal
Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a variety of securities with independent returns.
B. Liquidity Standard
The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated.
20222023
INVESTMENT POLICY
Exhibit A
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C. Return on investment
The City’s investment portfolio shall be structured to attain a market-average rate of return through economic cycles, taking into account the investment risk constraints for safety and liquidity needs.
III. DELEGATION OF AUTHORITY
Authority to manage the City’s investment program is derived from California Government Code, Sections 41006 and 53600 et seq.
The City Council is responsible for the management of the City’s funds, including the administration of this investment policy. Management responsibility for the cash management of the City’s funds is hereby delegated to the Finance Director/City Treasurer (or his/her designee), who is appointed by the City Manager in accordance with the City Charter. Staff members of the Finance Department’s Treasury Division may be assigned to perform the day-to-day treasury activities related to the investment of City funds. No person may engage in an investment transaction except as expressly provided under the terms of this Policy.
The City may utilize the services of an investment adviser registered under the Investment Advisers Act of 1940, so long as it can be demonstrated that these services produce a net financial advantage or necessary financial protection of the City’s financial resources. The adviser shall follow this Policy and such other written instructions as provided. Use of professional investment advisers is subject to City review and overriding discretion which will be exercised as needed. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.
The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.
IV. INTERNAL CONTROLS
The Finance Director/City Treasurer has established a system of internal controls to ensure compliance with the investment policies and procedures of the City, the Successor Agency, and the California Government Code. Such controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, or imprudent actions by employees of the City. Investment decisions are made by the Finance Director/City Treasurer or his/her designee and executed by staff of the Finance Department’s Treasury Division. All wire transfers initiated by Finance Department staff members must be approved and transmitted by the Finance Director/City Treasurer or his/her designee. Proper documentation obtained from confirmation and cash disbursement wire transfers is required for each investment transaction.
Timely bank reconciliation is conducted to ensure proper handling of all transactions.
The investment portfolio and all related transactions are reviewed and balanced to appropriate general ledger accounts by senior finance staff on a monthly basis. An independent analysis by an external auditor shall be conducted annually to review and perform procedure testing on the City’s cash and investments. The Finance Director/City Treasurer shall review and assure compliance with investment processes and procedures.
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V. ETHICS AND CONFLICT OF INTEREST
In accordance with California Government Code Sections 1090 et seq. and 87100 et seq., officers and employees of the City will refrain from any activity that could conflict with the proper execution of the investment program or which could impair their ability to make impartial investment decisions, and all investment personnel shall subordinate their personal investment transactions to those of the City. In addition, City Council members, the City Manager, and Finance Director/City Treasurer, shall comply with the reporting requirements of California Government Code Section 87203 and regulations of the Fair Political Practices Commission and file a Statement of Economic Interest annually.
VI. PRUDENT INVESTOR STANDARD
The standard of prudence to be used for managing the City’s investments shall be California Government Code Section 53600.3, the prudent investor standard, which states that “When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.” The City recognizes that market prices of securities will vary depending on economic and interest rate conditions at any point in time. It is further recognized, that in a well-diversified investment portfolio, occasional measured losses may occur due to economic, bond market, or individual security credit events. These occasional declines in value must be considered within the context of the overall investment program objectives and the resultant long-term rate of return.
The Finance Director/City Treasurer and other individuals assigned to manage the investment portfolio, acting within the intent and scope of this Policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
VII. AUTHORIZED INVESTMENTS
All investments and deposits of the City shall be made in accordance with California Government Code Sections 16429.1, 53600-53609, and 53630-53686. Within the investments permitted by the Code, the City seeks to further restrict eligible investments to the guidelines listed below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits and minimum credit quality listed in this section apply at the time the security is purchased.
Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity, and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual issuers. The authorized investments are described below.
A. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and
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interest. There is no limitation on the percentage of the portfolio that can be invested in this category. The maximum maturity shall not exceed five years.
B. Federal agency or United States government-sponsored enterprise (“GSE”) obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
The aggregate investment in federal agency securities/GSEs shall not exceed 70 percent of the City’s total portfolio, and the securities of any one federal agency/GSE shall not exceed 40 percent of the City’s total portfolio. The maximum percent of agency callable securities in the portfolio will be 20 percent. The maximum maturity shall not exceed five years.
C. A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond not defined in paragraphs A or B of the Authorized Investments section of this policy. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. No more than 5 percent of the City’s total portfolio shall be invested in any one issuer. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the City’s total portfolio.
D. Medium-Term Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States and rated in a rating category of “A” or the equivalent or better by a Nationally Recognized Statistical Rating Organization(NRSRO). The aggregate investment in medium-term notes shall not exceed 30 percent of the City’s total portfolio, and no more than 5 percent of the City’s total portfolio shall be invested in the medium-term notes of any one issuer. The maximum maturity shall not exceed five years.
E. Non-negotiable Certificates of Deposit with a maturity not exceeding three years from the date of trade settlement, in state- or nationally-chartered banks or savings banks that are insured by the FDIC, subject to the limitations of California Government Code Section 53638. Amounts in excess of FDIC insurance coverage shall be secured in accordance with California Government Code Section 53652. No more than 5 percent of the City’s total portfolio shall be invested in the deposits of any one bank. The aggregate investment in non- negotiable certificates of deposit shall not exceed 30 percent of the City’s total portfolio. The maximum maturity shall not exceed three years.
F. “Prime” commercial paper with a maturity not exceeding 270 days from the date of trade settlement with the highest ranking or of the highest letter and number rating as provided for by an NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either sub-paragraph A. or sub-paragraph B. below:
1) The entity shall (1) be organized and operating in the United States as a general corporation, (2) have total assets in excess of $500,000,000 and (3) have debt other than commercial paper, if any, that is rated in a rating category of “A” or the equivalent or better by an NRSRO.
2) The entity shall (1) be organized within the United States as a special purpose corporation, trust, or limited liability company, (2) have program-wide credit enhancements, including, but not limited to, overcollateralization, letters of credit or surety bond; and (3) have commercial paper that is rated at least “A-1” or the equivalent by an NRSRO.
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The City may purchase no more than 10 percent of the outstanding commercial paper of any one issuer, and the aggregate investment in commercial paper shall not exceed 25 percent of the City’s total portfolio. Under a provision sunsetting on January 1, 2026, no more than 40% of the portfolio may be invested in Commercial Paper if the Agency’s investment assets under management are greater than $100,000,000. Further, no more than 5 percent of the City’s total portfolio shall be invested in the commercial paper of any one issuer.
G. Eligible Banker’s Acceptances with a maturity not exceeding 180 days from the date of trade settlement, rated at least “A-1” or the equivalent or better by an NRSRO, drawn on or accepted by a commercial bank, whose deposits are insured by the FDIC, and whose senior long-term debt is rated in a rating category of “A” or the equivalent or better by an NRSRO at the time of purchase. No more than 5 percent of the City’s total portfolio shall be invested in banker’s acceptances of any one issuer, and the aggregate investment in banker’s acceptances shall not exceed 40 percent of the City’s total portfolio.
H. Repurchase Agreements with a final termination date not exceeding 90 days collateralized by obligations of the U.S. Treasury, federal agencies and/or government-sponsored enterprises (described in sections VII.A and VII.C above). For the purpose of this section, the term collateral shall mean purchased securities under the terms of the City’s approved Master Repurchase Agreement. The purchased securities shall have a minimum market value including accrued interest of 102 percent of the dollar value of the funds borrowed. All collateral must be delivered to the City’s custodian bank by book entry, physical delivery, or by a third- party custodial agreement. The market value of the collateral securities shall be marked-to- the-market at least quarterly, and the value of the underlying collateral must be brought back up to 102 percent no later than the next business day. Market value must be calculated each time there is a substitution of collateral. No more than 10 percent of the City’s total portfolio shall be invested in repurchase agreements with any one counterparty, and the aggregate investment in repurchase agreements shall not exceed 10 percent of the City’s total portfolio.
The City or its custodian shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to Repurchase Agreement.
The City may enter into Repurchase Agreements only with primary dealers of the Federal Reserve Bank of New York. Approved Repurchase Agreement counterparties shall have a short-term credit rating of at least “A-1”, or the equivalent or better, and a long-term credit rating in the rating category of “A”, or the equivalent or better, by a NRSRO. Repurchase agreement counterparties shall execute a City-approved Master Repurchase Agreement with the City. The Finance Director/City Treasurer shall maintain a copy of the City’s approved Master Repurchase Agreement along with a list of broker/dealers who have executed this agreement.
Reverse repurchase agreements will not be permitted.
I. LOCAL AGENCY INVESTMENT FUND. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer (per Government Code Section 16429.1) for the benefit of local agencies up to the maximum amount permitted by LAIF..
J. SAN MATEO COUNTY POOL. The City may invest in the San Mateo County Pool established by the San Mateo County Treasurer for the benefit of local agencies (as established in California Code Section 53684). No more than 30 percent of the market value of the City’s total portfolio may be invested in this category.
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K. CALIFORNIA ASSET MANAGEMENT PROGRAM. The City may invest in the California Asset Management Program (CAMP) a California Joint Powers Authority established to provide California public agencies with professional investment services (California Code Section 53601 (p)). No more than 20 30 percent of the market value of the City’s total portfolio may be invested in this category.
L. Shares of beneficial interest issued by a diversified management company that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.). Provided that the money market funds are “no-load” (no commission or fee shall be charged on purchases or sales of shares); (2) have a constant daily net asset value per share of $1.00; (3) have a rating of “AAA” or the equivalent by at least two NRSROs or have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). No more than 10 percent of the City’s total portfolio shall be invested in any one issuer and the aggregate investment in money market funds shall not exceed 20 percent of the City’s total portfolio.
M. Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue-producing property owned, controlled, or operated by the state or any local agency or by a department, board, agency, or authority of the state or any local agency.
Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
Securities in this section must have a short-term rating of “A-1” or the equivalent or better by an NRSRO or a long-term rating in the category of “A” or the equivalent or better by an NRSRO. No more than 5 percent of the City’s total portfolio shall be invested in any one municipal issuer, and the aggregate investment in municipal bonds shall not exceed 20 percent of the City’s total portfolio. The maximum maturity shall not exceed five years.
N. Negotiable certificates of deposit or deposit notes issued by a nationally- or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally-licensed or by a state- licensed branch of a foreign bank. Eligible negotiable certificates of deposit in amounts up to the FDIC insured limit do not require any credit ratings. Amounts above the FDIC insured limit must be issued by institutions which have long-term obligations rated in a rating category of “A” or its equivalent or better by at least one NRSRO, or have short-term obligations rated “A-1” or its equivalent, or higher by an NRSRO. No more than 5 percent of the City’s total portfolio shall be invested in the negotiable certificates of deposit of any one issuer, and the aggregate investment in negotiable certificates of deposit shall not exceed 30 percent of the City’s total portfolio. The maximum maturity shall not exceed five years.
O. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and shall not exceed 30 percent of the City’s moneys that
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may be invested pursuant to this section. No more than 10 percent of the portfolio may be invested in one single issuer.
P. Collateralized bank deposits that are the City’s deposits with financial institutions. Bank deposits will be collateralized with pledged securities per California Government Code, Section 53651. There are no limits on the dollar amount or percentage that the City may invest in collateralized bank deposits.
The foregoing list of authorized securities and transactions shall be strictly interpreted. Any deviation from this list must be approved in advance by resolution of the City Council.
NOTE 1: References throughout this document to “the City’s total portfolio” will be the market value of the portfolio at the time the specific security is purchased.
VIII. PROHIBITED INVESTMENT VEHICLES AND PRACTICES
State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. In accordance with Government Code, Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. Under a provision sunsetting on January 1, 2026, securities backed by the U.S.
Government that could result in a zero- or negative-interest accrual if held to maturity are permitted.
Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. Purchasing or selling securities on margin is prohibited. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. The purchase of foreign currency denominated securities is prohibited. Local governments that are not Qualified Institutional Buyers (QIB) as defined by the Securities and Exchange Commission are prohibited from purchasing Private Placement Securities. The SEC defines a QIB as having at least $100,000,000 in securities owned and invested.
IX. In the event all general objectives mandated by state law and set forth in Section III above are met and created equal, investments in corporate securities and depository institutions will be evaluated for social and environmental concerns. Investments are discouragedprohibited in entities that receive a significant portion of their revenues from the manufacture of tobacco products, fossil fuels, firearms, or weapons not used in our national defense.
X.IX. INVESTMENT POOLS/MUTUAL FUNDS
The City shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. The Finance Director/Treasurer shall develop a questionnaire which will answer the following general questions:
•A description of eligible investment securities, and a written statement of investment policy and objectives.
•A description of interest calculations and how it is distributed, and how gains and losses are treated.
•A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. •A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
•A schedule for receiving statements and portfolio listings. •Are reserves, retained earnings, etc. utilized by the pool/fund? •A fee schedule, and when and how is it assessed.
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•Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds? XI.X. SELECTION OF BROKER/DEALERS
The Finance Director/City Treasurer shall maintain a list of broker/dealers approved for investment purposes, and it shall be the policy of the City to conduct transactions only with those authorized firms. To be eligible, a firm must be licensed by the State of California as a broker/dealer as defined in Section 25004 of the California Corporations Code, and:
1. Be recognized as a Primary Dealer by the Federal Reserve Bank of New York, or
2. Report voluntarily to the Federal Reserve Bank of New York, or
3. Qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform Net Capital Rule).
Each authorized broker/dealer shall be required to submit and annually update a City approved Broker/Dealer Information form. The Finance Director/City Treasurer shall maintain a list of the broker/dealers that have been approved by the City, along with each firm’s most recent Broker/Dealer Information Request form.
If the City has not engaged the support services of an outside investment advisor while in the process of executing a particular transaction, the authorized broker/dealer(s) shall provide certification of having received and reviewed this Policy. For transactions initiated through an investment advisor, the investment advisor may use their own list of approved broker/dealers and financial institutions, which it will maintain and review periodically.
The City may purchase commercial paper from direct issuers even though they are not on the approved broker/dealer list as long as they meet the criteria outlined in Item F of the Authorized Investments section of this Policy.
XII.XI. COMPETITIVE TRANSACTIONS
Each investment transaction shall be competitively transacted with authorized broker/dealers. At least three broker/dealers shall be contacted for each transaction, and their bid and offering prices shall be recorded.
If the City is offered a security for which there is no other readily available competitive offering, then the Finance Director/City Treasurer will document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.
XIII.XII. SELECTION OF BANKS
The Finance Director/City Treasurer shall maintain a list of banks approved to provide depository and other banking services for the City. To be eligible for authorization, a bank shall qualify as a depository of public funds in the State of California as defined in California Government Code Section 53630.5, shall be a member of the FDIC, and shall secure all deposits exceeding FDIC insurance coverage in accordance with California Government Code Section 53652.
XIV.XIII.SAFEKEEPING AND CUSTODY
The Finance Director/City Treasurer shall select a bank to provide safekeeping and custodial services for the City, in accordance with the provisions of Section 53608 of the California Government Code. A City-approved Safekeeping Agreement shall be executed with the custodian bank prior to utilizing that bank’s safekeeping services. The custodian bank will be selected on the basis of its ability to provide satisfactory safekeeping services and the competitive pricing of them.
The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery-versus-payment basis. All securities shall be perfected in the name of the City. Sufficient evidence to title shall be consistent with modern investment, banking, and commercial practices.
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All investment securities will be delivered by either book entry or physical delivery and will be held by the City’s custodian bank, its correspondent bank or its Depository Trust Company (DTC) participant account.
XV.XIV. MAXIMUM MATURITY
To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities.
The City will not invest in securities maturing more than five (5) years from the date of trade settlement, unless the City Council has by resolution granted authority to make such an investment, either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment.RISK MANAGEMENT AND DIVERSIFICATION Mitigating Credit Risk in the Portfolio
Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
•The diversification requirements included in the “Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio. •No more than 5 percent of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. •The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences.
•If the credit ratings of any security owned by the City are downgraded to a level below the quality required by this investment policy, it will be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.
oIf a security is downgraded, the Finance Director/City Treasurer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. oIf a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.
Mitigating Market Risk in the Portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return.
The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes.
The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
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•The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements. •
•The maximum stated final maturity of individual securities in the portfolio will be five (5) years, except as otherwise stated in this policy.
•
•The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20 percent) of a Market Benchmark, an index selected by the City based on the City’s investment objectives, constraints, and risk tolerances.
XVI.XV. PORTFOLIO PERFORMANCE
The investment portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities, and cash flow requirements. An appropriate benchmark or benchmarks will be established against which portfolio performance shall be compared on a regular basis. When comparing the performance of the City’s portfolio, its rate of return will be computed net of all fees and expenses.
XVII.XVI. MONTHLY REPORTING
Monthly, the Finance Director/City Treasurer shall submit to the City Council a report of the investment earnings and performance results of the City’s investment portfolio. The report shall include the following information:
1. Investment type, issuer, date of purchase and maturity, par value and dollar amount invested in all securities, and investments and monies held by the City;
2. A description of the funds, investments and programs;
3. A market value as of the date of the report (or the most recent valuation as to assets not valued monthly) and the source of the valuation;
4. A statement of compliance with this Policy or an explanation for non-compliance; and
5. A statement of the City’s ability to meet expenditure requirements for six months, and an explanation of why money will not be available if that is the case.
6. A statement of transactions made during the month.
XVIII.XVII. INVESTMENT POLICY ADOPTION
This Investment Policy shall be adopted by resolution of the City Council. The Policy shall be reviewed annually by the Investment Advisory Committee and any modifications made thereto must be approved by the City Council.
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CITY OF SAN MATEO
4 1
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-5141 File ID: 23-7382 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: April 17, 2023
SUBJECT:
Department of Information Technology – Classification Updates RECOMMENDATION:
Adopt a Resolution to approve: 1) the new classification of Customer Service Manager; 2) the job specification and salary range for the classification of Customer Service Manager; 3) the reclassification of the incumbent in the Technical Support Supervisor position to a Customer Service Manager; and 4) the elimination of the Technical Support Supervisor classification.
BACKGROUND:
CPS HR Consulting was retained to conduct a classification and compensation study to determine if the incumbent in the Technical Support Supervisor position is properly classified. The incumbent in the position is responsible for managing the customer service division within the Department of Information Technology, which includes setting organizational standards for customer engagement, serving as a communication channel between customers and the Department, and ensuring that “first contact” support is provided to customers who need assistance in resolving their technology-related problems. The incumbent coordinates and manages citywide information technology (IT) training and communications as well as technology-related procurement and vendor contracting, works with the DoIT Director to develop the Department’s operational and equipment budgets, tracks and administers approved budgets as assigned, and supervises a team of Information Systems Support Technicians who provide direct assistance to customers.
Based on the nature of the work the incumbent performs and the level of the position within the department, CPS HR recommends that the City of San Mateo adopt a new classification of Customer Service Manager to appropriately reflect the work assigned to the study incumbent. Given the type and level of work the incumbent supervises, CPS HR recommends aligning the monthly salary range for Customer Service Manager with that of the GIS Coordinator classification at $10,752.04 – $12, 822.11 per month.
BUDGET IMPACT:
The associated salary and benefits for the Customer Service Manager position was included in the 2022-23 budget, so there is no budget impact.
ENVIRONMENTAL DETERMINATION:
These classification updates are exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Job Specification
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Exhibit B – Merit Salary Schedule
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 DEPARTMENT OF INFORMATION TECHNOLOGY 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 request from the Department of Information Technology to conduct a classification and compensation study of the Technical Support Supervisor classification to determine if the incumbent is properly classified and compensated based on the level of the position in the department, the nature of the work the incumbent performs, and the type and level of the work the incumbent supervises; and
WHEREAS, the proposed job specification for the classification of Customer Service Manager is attached hereto as Exhibit A; and the proposed salary range for the classification of Customer Service Manager is attached hereto as Exhibit B; and all exhibits are incorporated by reference; and WHEREAS, the employee associations representing the impacted classifications have been informed of the proposed classification 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 classification updates are not subject to California Environmental Quality Act (CEQA Guidelines Section 15061(b)(3)) because it can be seen with certainty that they will not cause a physical change in the environment; and
2. The creation of the new classification Customer Service Manager, the job specification and salary range for the classification of Customer Service Manager; and
3. The reclassification of the incumbent in the Technical Support Supervisor position to Customer Service Manager, and the elimination of the Technical Support Supervisor classification are approved.
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Exhibit A
CUSTOMER SERVICE MANAGER
DEFINITION
Under administrative direction, plans, organizes, directs, supervises, and controls the operations and activities of the Customer Service (Help Desk) division within the Department of Information Technology (ITD). An employee in this classification is responsible for overseeing the provision of comprehensive end user support, endpoint (e.g., PCs, phones, and mobile) device management, and management of the end user training program. This is a managerial classification that describes oversight of professional and highly responsive customer service to internal departments and staff following ITD policies and best practices.
SUPERVISION RECEIVED AND EXERCISED
Works under the direct supervision of the Director of Information Technology.
Exercises direct supervision over Customer Service staff.
EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
Plan, organize, direct, and supervise the day-to-day end user support activities of the ITD Customer Service division, including the provision of Tier I (initial contact and basic level), Tier II (in-depth level) and Tier III (expert level) product and services support; manage the intake and assignment of customer support cases, including the administration and maintenance of a customer support case management system.
Plan and participate in the development and implementation of division goals, objectives, policies, and priorities; implement City and departmental goals, objectives, policies, and priorities; continually collaborate with other IT divisions and City departments to define and direct the best processes and practices for delivering quality end user customer support.
Plan and direct the implementation of practices to maximize the efficiency and effectiveness of division activities; analyze performance metrics; develop process quality control and improvement processes.
Serve as a technical consultant to management regarding technical support for computer hardware, software, peripherals, and other endpoint devices; perform highly technical work by troubleshooting and remediating the most complex end user problems with personal computers, phones, printers, desktop
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5 5
6 6
software applications, cloud software, and other technology; personally resolve problems and/or collaborate with other ITD managers as needed.
Exercise primary responsibility to plan, determine, and manage the appropriate purchasing of computing hardware and warranty support in collaboration with other ITD managers and the Director; manage, assign, and purchase software subscription licenses for various City software programs; draft administrative reports for City Council approval of project selections, including recommendations, resolutions, and all supporting documentation.
Manage vendor contracts and agreements related to computing devices, endpoint management services, and end user training services; prepare Requests for Proposals or other competitive evaluation processes on equipment as required; negotiate contracts for equipment and coordinate the installation of new end user-related hardware/software.
Evaluate new computing technologies from various hardware manufacturers to ensure optimal longevity for the City; provide endpoint management support for the lifecycle of City computing devices, including the management of PC images and provisioning/builds; develop and recommend citywide policies addressing acceptable use of City-issued devices, and enforce that usage by ensuring that endpoint management tools and agents are installed on all City-owned computing devices.
Administer the budget/purchasing/accounts payable for machinery and equipment, PCs, and maintenance of assigned technology systems/products, and participate in annual budget development; engage and collaborate with City department managers to forecast the need for computing devices for City staff and to develop action plans.
Plan, coordinate, manage, and communicate end user training programs and materials to City staff; select, develop, and distribute training materials including all staff email notifications of security concerns, training opportunities, and productivity hints/tips; manages contractual relationships with training providers.
Use the customer service case management system to monitor, maintain, measure and report on customer service performance; use the case system, surveys, and other tools to produce performance metrics including customer satisfaction; ensure all reported customer issues and concerns are addressed in a timely manner and work to ensure the end user is satisfied with the outcome.
Supervise, train, develop, and evaluate assigned personnel; schedule, oversee, and assign work activities; oversee and manage projects and programs; monitor workflow and productivity; implement employee discipline as required; participate in staff selection.
Prepare and present administrative and technical reports and other documents; conduct or review feasibility studies; evaluate and provide input to departmental strategic and operational plans.
Schedule and attend meetings and trainings; participate in task forces and committees as assigned.
Perform related duties as assigned.
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MINIMUM QUALIFICATIONS
Knowledge of:
Principles, practices, and techniques of business administration, including organizational planning, development, budgeting, and quality management.
Desktop computer, virtual and physical server, cloud, and telecommunications technologies, including standard local and wide network functions, management information service functions, and equipment capabilities.
Fundamentals of information security policies, standards, and practices.
Technology end user support procedures and best practices, including end user case management, endpoint provisioning, PC management and maintenance, malware remediation, and maintenance of support documentation.
IT vendor management and vendor relations including vendor selection, negotiation, and contract management.
Executive/leadership communications, including the drafting of administrative reports.
Principles and practices of employee supervision, including team building, training, personnel management, performance evaluation, and employee relations.
Customer service practices, culture, and behaviors.
Techniques and principles of IT project management.
Ability to:
Plan, organize, direct, and supervise the work of technical staff in a manner conducive to high performance and personal accountability.
Recommend and implement goals, objectives, and practices for providing effective and efficient services.
Review organizational and administrative information, identify problems, make sound policy and procedural recommendations, and recommend/implement effective courses of action.
Interpret and apply City and department policies, procedures, and regulations.
Provide advanced computer hardware (PC and laptop) and software support, troubleshooting and problem remediation.
Manage projects and meet critical deadlines.
Effectively supervise assigned staff and operations and promote a team environment.
Ensure excellent customer service for all areas of assignment.
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5 5
6 6
Ensure that assigned tasks and projects are completed in a timely manner.
Communicate clearly and concisely, both orally and in writing.
Maintain effective working relationships with those contacted in the course of work.
Experience and Training
Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:
Experience:
Six (6) years of experience providing information technology end user support, including at least three (3) year’s comparable to a Senior Information Systems Support Technician in the City of San Mateo as well as one (1) year in a lead role that included providing technical and functional direction to staff.
Training:
Equivalent to graduation from an accredited four-year college or university with a bachelor’s degree in computer science or a related field.
License or Certificate
Possession of, or ability to obtain, a valid California driver’s license.
Microsoft Certified Professional (MCP) desirable.
ADA Special Requirements:
Essential duties require the following physical abilities and work environment:
Ability to work in a standard office environment.
ADOPTED CC: 04-17-2023
REVISED CC:
FORMER TITLES:
BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
FORM 700: YES
JOB CODES: 2166
ABOLISHED:
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Exhibit B
City of San Mateo – Merit Salary Schedule for Adoption by Council on April 17, 2023 Customer Service Manager (Job Code 2166)
Steps Hourly Biweekly Monthly Annual
Step 1 62.03 4,962.48 10,752.04 129,024.48
Step 2 64.82 5,184.92 11,233.99 134,807.88
Step 3 67.74 5,417.94 11,738.86 140,866.32
Step 4 70.79 5,663.68 12,271.31 147,255.72
Step 5 73.98 5,917.90 12,822.11 153,865.32
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CITY OF SAN MATEO
4 0
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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: 10-6121 File ID: 23-7367 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: April 17, 2023
SUBJECT:
Tree Pruning, Maintenance, and Emergency Removal Services Agreement – Amendment RECOMMENDATION:
Approve Amendment No. 2 to the agreement with Peninsula Tree Care, Inc. for tree pruning, maintenance, and emergency removal services for an additional $100,000 for a new total agreement amount not to exceed $350,000; and authorize the Director of Parks and Recreation to execute the amendment in substantially the form presented.
BACKGROUND:
The Parks and Recreation Department signed an agreement in July 2022 with Peninsula Tree Care, Inc. to provide on-call emergency tree maintenance and removal services at a cost of $90 per person hour, up to $95,000. On January 17, 2023, City Council approved Amendment No.1 to the agreement, raising the not to exceed amount to $250,000. Due to ongoing severe weather (heavy wind and rain), the City needs additional on-call emergency support for tree maintenance and removal. Thus, a new not to exceed agreement total of $350,000 is more appropriate based on recent severe storms and projected needs.
BUDGET IMPACT:
There are sufficient funds in the Tree Division’s operating budget to fund this amendment.
ENVIRONMENTAL DETERMINATION:
The approval of this amendment is categorically exempt from CEQA because (1) it involves the pruning, maintenance, and emergency removal of trees for public health and safety purposes, (2) the pruning and maintenance work consists of minor public alterations in the condition of vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes, and (3) the emergency removal of trees is a specific action necessary to prevent or mitigate an emergency. CEQA Guidelines §15301 (Existing Facilities), Class 1, Subclass (h) (Maintenance of existing landscaping and native growth); §15304 (Minor Alterations to Land); and §15269 (Emergency Projects).
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Amendment No. 2
STAFF CONTACT
Matthew Fried, Manager Arborist
[email protected]
(650) 522-7422
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Contract Amendment Page 1 of 2
Rev 7/21
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AMENDMENT NO. 2 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND
PENINSULA TREE CARE, INC. FOR
TREE PRUNING, MAINTENANCE, AND EMERGENCY REMOVAL SERVICES WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Peninsula Tree Care, Inc., a corporation, entered into an Agreement for Tree Pruning, Maintenance, and Emergency Services on July, 25, 2022 in an amount not to exceed $95,000; and WHEREAS, the City and Peninsula Tree Care, Inc. amended the Agreement effective January 18, 2023 (Amendment No. 1) to allow continued emergency tree services in an amount not to exceed $250,000; and
WHEREAS, due to continued unforeseen severe weather, the City and Peninsula Tree Care, wish to amend the Agreement again to allow continued emergency tree services in an amount not to exceed $350,000.
NOW, THEREFORE, the parties agree as follows:
1. Exhibit B of the Agreement is amended to read:
In many instances, where time and circumstances permit, CITY staff will solicit quotations from multiple contractors and assign work to the contractor that submits the most agreeable combination of price and availability. In other instances, where solicitation of a quotation is impractical, the contractor will perform the assigned work and then bill the CITY at the hourly rate specified below Person-hour Labor Rate (per person)-----------------------------------$90.00 per hour The unit price above, submitted by the contractor shall be valid for the entire contract term. Total amount billed under this contract not to exceed $350,000 during the term of contract.
2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 2
Rev 7/21
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4 7
IN WITNESS WHEREOF, CITY OF SAN MATEO and PENINSULA TREE CARE, INC. have executed this Amendment No. 2 on ___________________.
CITY OF SAN MATEO CONTRACTOR
Joanne Magrini
Director of Parks and Recreation
Date William C. Kleinheinz, Jr.
President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
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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: 20-5150 File ID: 23-7306 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: April 17, 2023
SUBJECT:
California Board of State and Community Corrections Officer Wellness and Mental Health Program – Grant Appropriation RECOMMENDATION:
Adopt a Resolution to accept and appropriate $75,122.84 received from the California Board of State and Community Corrections Officer Wellness and Mental Health Program to the Police Grant Fund Budget for fiscal year 2022-23; and authorize the Chief of Police to expend the funds.
BACKGROUND:
The California State Budget Act of 2022 established the Officer Wellness and Mental Health Grant Program, which is administered by the Board of State and Community Corrections (BSCC). The grant program provides $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health resources.
The San Mateo Police Department has received an allocation in the amount of $75,122.84. The funds may be used for a variety of purposes related to officer health and wellness. Upon acceptance and appropriation of funds, staff will solicit recommendations from the Police Department Wellness Committee on how these funds should be utilized to best meet the needs of officers in our agency, ensuring that any use of funds is consistent with the intended purpose of the grant.
Council approval is requested to appropriate these funds into the Police Grant Fund fiscal year 2022-23 budget.
BUDGET IMPACT:
The BSCC Officer Wellness Grant requires no matching funds and will result in no impact to the General Fund. Once appropriated, $75,122.84 will be added to the Police Grant (Fund 20) budget.
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
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STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Tricia Toomey, Business Manager
[email protected]
(650) 522-7623
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
ACCEPTING AND APPROPRIATING THE CALIFORNIA BOARD OF STATE AND
COMMUNITY CORRECTIONS OFFICER WELLNESS AND MENTAL HEALTH GRANT PROGRAM GRANT FUNDS TOTALING $75,122.84
WHEREAS, the California Board of State and Community Corrections has awarded the City a grant totaling $75,122.84 through its Officer Wellness and Mental Health Grant Program; and WHEREAS, the Police Department wishes to appropriate the grant funds into the Police Grant Fund Budget Program so that funds may be spent in the 2022-23 Fiscal Year; and WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City’s budget.
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 to the environment. (CEQA Guidelines Section 15378(b)(5).)
2. The award totaling $75,122.84 in grant funds from the Officer Wellness and Mental Health Grant Program is accepted and the appropriation of these funds to the Police Grant Fund budget is approved.
3. The Chief of Police is authorized to expend the grant funds.
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 23-7308 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: April 17, 2023
SUBJECT:
AB 481 Annual Military Equipment Report – Approval
RECOMMENDATION:
Approve the Annual Military Equipment Report per California Assembly Bill No. 481.
BACKGROUND:
On September 30, 2021, Assembly Bill 481 (AB 481) was codified in Government Code Sections 7070-7075, requiring the governing body of law enforcement agencies to adopt a” Military Equipment Use” policy. The San Mateo Police Department presented a policy to the City Council, which was adopted by ordinance on May 2, 2022.
AB 481 also requires law enforcement agencies to prepare an annual report containing information for the preceding calendar year. Staff has prepared a Military Equipment Annual Report (Attachment 1), which summarizes the required information including: a description of the purpose of the equipment and how it was used; any complaints received; the results of any internal audits; the cost of the equipment; the quantity possessed; and if the agency intends to acquire additional equipment in the next year.
The San Mateo Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The term “military equipment,” as defined in AB 481, encompasses many items utilized as component of overall best practices by law enforcement agencies, which are employed specifically to reduce risk to community members. The list includes but is not limited to unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, chemical agents, less-lethal shotguns, less-lethal 40mm projectile launchers, distraction devices and long-range acoustic devices. These items provide peace officers the ability to safely resolve volatile situations and are vital tools that facilitate compliance with our stringent use of force policy. These tools have been tested in the field and are used to enhance citizen and officer safety.
During the 2022 calendar year, no complaints related to military equipment were received by the Police Department.
There were no violations of department policy related to the deployment of military equipment by department personnel.
No new items of military equipment were acquired in the last year; however, the Police Department does intend to acquire three (3) additional unmanned aerial system (UAS) devices in the current calendar year, as authorized by the City Council on March 20, 2023. Upon receipt of that equipment, the Military Equipment Use Policy will be updated to reflect the addition of those items to the inventory.
In compliance with AB 481, the Military Equipment Annual Report was published on the Police Department’s website at least 30 days prior to this meeting.
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BUDGET IMPACT:
There is no budget impact associated with this action.
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 - Military Equipment Report
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Dave Peruzzaro, Police Captain
[email protected]
(650) 522-7684
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2022 Annual Military Equipment Report
Equipment Category Description Summary of how equipment was used and purpose of use Summary of
complaints
received
Result of any
internal audits or
violations of
military equipment
use policy Acquisition Costs Annual Costs
Funding source for
following calendar
year
Quantity Possessed
of each type of
equipment
If we intend to acquire
additional military
equipment in the next
year, the quantity
sought
Matrice 210 $15,000 operating budget 1
Mavik II Enterprise $5,000 operating budget 1
Sky Hero Loki MkII $10,000 (for 2) operating budget 2
Robotex Avatar II $14,000 (for 3) operating budget 3 N/A iRobot packbot 510 0 N/A 1 N/A
Recon robotics recon scout 0 N/A 1 N/A
Armored Vehicles International Armor Group Sentinel
The purpose of the armored vehicle is to provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents, and the equipment was used in this manner, for law enforcement purposes. None 0 $1500 in annual
maintenance
N/A 1 N/A
Braun Northwest mobile command vehicle 0 N/A 1 N/A
Ford motor vehicle F53 motorhome command post 100,000$ operating budget 1 N/A Daniel Defense DDM4 V7 $2,000 operating budget 36 N/A
Daniel Defense personal defense weapon (PDW) 300 Blk $2,000 operating budget 14 N/A Whindham weaponry AR15 $1,800 operating budget 14 N/A
Georgia Precision AR10 $2,500 operating budget 3 N/A
SPEER GOLD DOT .223 CALIBER 62 GRAIN RIFLE ROUND $260/case of 500 operating budget 400 cases N/A FEDERAL 9MM LUGER GRAIN HST DUTY AMMUNITION $9,600 operating budget 8000 rounds N/A Hornady 300, blackout 110 grain GMX $25,000 operating budget 12000 rounds N/A Hornady 308, 168 grain AMAX $2,000 operating budget 1000 rounds N/A COMBINED TACTIACL SYSTEMS, 7290-2 FLASH-BANG $52 operating budget 20 N/A COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG $38 operating budget 20 N/A DETONATING CORD $1/ft operating budget 0 Feet N/A
BLASTING CAP $12 operating budget 0 N/A
REMINGTON 870 BREACHING SHOTGUN $500 operating budget 5 N/A DEFENSE TECHNOLOGY FRANGILBE BREACHING ROUND $5/round operating budget 50 N/A CTS 7290M $35/ea operating budget 20 N/A
CTS 5230 $30/ea operating budget 20 N/A
CTS 6330 and 6340 $25/ea operating budget 12 N/A
CTS 5230B $35/ea operating budget 10 N/A
CTS 8210 $25/ea operating budget 10 N/A
Long Range Acoustical Device
Long Range Acoustical Device (LRAD)
The purpose of the equipment is to issue dispersal orders during crowd and riot control situations or to address the public in civil emergencies, natural disasters, evacuations, and police incidents. In the last year, the equipment was deployed to give direction duirng high-risk situations. None $0 N/A N/A 1 N/A CTS Launching cup:
COMBINED SYSTEMS LC5 40MM LAUNCHING CUP
The purpose of the equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable such as self-destructive, dangerous, and/or combative individuals; barricaded suspects; riot/crowd control and civil unrest incidents; and training exercises. This equipment was not used last year. None $302/ea N/A operating budget 2 N/A
PENN ARMS 40mm launcher $1000/ea operating budget 26 N/A 4330 – Liquid CS projectile operating budget 20 N/A
4431 – CS powder filled projectiles operating budget 20 N/A 4340 – Liquid OC filled projectiles operating budget 20 N/A Less lethal foam-tipped projectiles operating budget 100 N/A UAS/Drones and robots were utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or less effective. Uses included search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; and legally authorized surveillance.
Robots were utilized to remotely gain visual/audio intelligence, deliver equipment, open doors, and clear buildings ahead of a search team, for official law enforcement purposes, including search and rescue; suspect
apprehension; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; and legally authorized surveillance.
The equipment was utilized as a mobile command post during any incident that required command and control beyond a static dispatch center and inlcuded official law enforcement purposes, pre-planned events and training exercies.
The purpose of the equipment is to address a threat with more precision and/or greater distances than a handgun, if present and feasible, and this is the manner in which it was deployed, including training.
Distraction devices were deployed to distract dangerous suspects to allow tactical teams to complete a dangerous mission or task. Distraction devices were only used during high-risk situations where their use would enhance officer safety; and during training exercies.
Unmanned Aircraft System (UAS)
Robots
Command and Control Vehicles
Rifles
Explosive Breaching Tools
Distraction Devices
Chemical Agents
40mm Launchers and Rounds
Annual maintenance and
training costs range from
$1000-$5000
Varies depending on use in
the field, ranging from
$1500-$2500 per year
Annual costs range from
$5,000-$20,000 depending
on use.
The purpose of the equipment is to safely create a positive breach and enter structures for offical law enforcement purposes and in accordance with State and Federal Law; and during training exercies. This equipment was not used last year.
The purpose of the equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable such as self-destructive, dangerous, and/or combative individuals; barricaded suspects; riot/crowd control and civil unrest incidents; and training exercises.
The purpose of the equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable such as self-destructive, dangerous, and/or combative individuals; barricaded suspects; riot/crowd control and civil unrest incidents; and training exercises. This equipment was not used last year.
The Police Department
intends to acquire
three (3) additional
UAS devices during the
next year.
None
None
None
None
We assess and
monitor after any
deployment or use
of equipment to
ensure the
equipment is being
utlized in a manner
which is consistent
with Department
Policy and there
were no violations.
Varies. Ranges from
$1000-$2500
Varies depending on need
for replacement parts or
repairs.
$5,000 in annual
maintenance
Annual maintenance is
$25/rifle. Ammunition
costs are typically
$50,000/year
Varies depending on use
None
None
None
None
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 10-5142 File ID: 23-7309 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: April 17, 2023
SUBJECT:
School Crossing Guards 2023-24 – Agreement
RECOMMENDATION:
Approve an agreement with the San Mateo-Foster City School District for school crossing guards in the amount of $78,000 and authorize the Chief of Police to execute the agreement in substantially the form presented.
BACKGROUND:
The annual agreement between the City of San Mateo and the San Mateo-Foster City School District for school crossing guards expires on June 30, 2023. The proposed agreement for 2023-24 is included with this report as Attachment 1 and continues the City's contribution not to exceed $78,000 towards the cost of crossing guard positions to support the safety of San Mateo children. It is often necessary for the school district to compensate crossing guards for a minimum of 2 or 4 hours per location in order to attract employees and effectively staff the positions (Exhibit A). Language has been added to the proposed contract to clarify this practice. Crossing guards are paid $16.75 per hour and will increase per the Consumer Price Index (CPI) effective January 1, 2024.
BUDGET IMPACT:
The Police Department has budgeted for this agreement in the proposed 2023-24 budget.
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 – Agreement
Exhibit A - Crossing Guard Listing
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Tricia Toomey, Business Manager
[email protected]
(650) 522-7623
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1 SCHOOL CROSSING GUARD AGREEMENT
BETWEEN
THE CITY OF SAN MATEO
AND
THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT
This agreement, made and entered into this day of July 1, 2023 , by and between the City of San Mateo , a municipal corporation existi ng under the laws of the State of California, hereinafter "City," and the San Mateo -Foster City School District , hereinafter "District."
WHEREAS, the City wants to assist the District in providing protection for school children who are required to cross heavily traveled streets in the City; and
WHEREAS, some protection can be afforded by placing crossing guards at specific locations in the City; and
WHEREAS, the District wishes to cooperate in providing protection for school pupils pursuant to Education Code section 45450 et seq.,
NOW, THEREFORE, it is agreed as follows:
1. The District shall select, hire, and supervise crossing guards as necessary for each of the locations shown on Exhibit A to this agreement during the hours that pupils are walking to and from nearby schools on school days during the school year. Salaries and wages shall be at rates determined by the District , and may include payment of a two or four hour minimum per shift, as shown on Exhibi t A, in order to attract employees and effectively staff the positions .
The crossing guards shall be considered, and shall in fact be, employees of the District for all purposes.
2. The City agrees to reimburse District for wages and salaries paid by the District to the crossing guards for daily administrative costs incurred in providing the crossing guards so long as this reimbursement does not exceed that figure agreed to pursuant to paragraph 6 below.
The reimbursement will include the payment of a two or four hour minimum per shift which will be clearly indicated on timecards for s uch occasions where such payment was necessar y to effectively staff the position.
3. Not later than thirty (30) days after the close of each calendar quarter, the District shall bill the City for reimbursement of the costs incurred for work in the previ ous quarter. The invoice to the City shall be submitted with appropriate supporting documentation such as employee time cards and payroll reports to substantiate the am ount billed. Upon review of th e invoice and supporting documentation, the City shall promptly pay the bill.
4. The City and the District shall meet during the month of March of each year during the term of this agreement to allocate the City and District portions of the crossing guard expense.
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2 5. At any time during the term of this agreement, the District may request the City to delete or add one or more locations from or to the list attached as Exhibit A hereto. If the City determines, pursuant to California Tr affic Manual section 10 -08.2, that a location either should or should not have a crossing guard, t he parties may amend this Agreement to add or delete a location from Exhibit A. If a location is added, the District shall promptly provide a crossing guard at that location and bill the City appropriately for the location pursuant to this agreement.
If a location is deleted, the District shall promptly remove the crossing guard and immediately cease billing for that location. During the meeting described i n paragraph 4 above, the City and the District shall discuss whether any location(s) should be added or deleted.
6. For fiscal year 2023 / 2024, the City’s contribution to the District for crossing guards will not exceed $78,000. The hourly wage for the crossing guards will be $1 6.75, commensurate with the City’s minimum wage. On January 1, 202 4, the City’s minimum wage will increase by CPI and crossing guard wages will be adjusted accordingly.
7. The District agrees to indemnify and hold the City harml ess from any and all claims, loss, liability, and damages in any way arising from the acts of the District or its employees or agents, including the crossing guards, in the performance of this agreement.
8. The duty of the District to indemnify and hold h armless as set forth in this agreement shall include the duty to defend as set forth in Civil Code section 2778.
9. Insurance. The District shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or da mages to property which may arise f rom or in connection with the performance of this Agreement.
Minimum Scope of Insurance. Coverage shall be as broad as:
a. Insurance Services Office Commercial G eneral Liability coverage (occurrence Form CG0001).
b. Workers’ Compensation Insurance as require d by the State of California and Employer’s Liability Insurance.
Minimum Limits of Insurance. District shall maintain limits no less than:
a. General Liability:
(Including operations,
products and completed
operations.)
$1,000,000 per occurrence for body 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 limits.
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3 b. Workers’ Compensation As required by the State of California. c. Employers’ Liability $1,000,000 per accident or bodily injury or disease.
Deductibles and Self -Insured Ret entions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: The insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elected and appointed officials, employees and a gents; or the District shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions . Th e general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its elected and appointed officials, employees, and agents, are to be covered as insureds with respect to liability aris ing out of automobiles owned, lease d, hired or borrowed by or on behalf of the contractor; and wit h respect to liability arising out of work or operations performed by or on behalf of the District including materials, parts or equipment furnished in connec tion with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement (CG 20 10 11 85 or equivalent) to the District’s insurance policy, or as a separate owner’s policy.
b. For any claims related to this project, District’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 shall be excess of the District’s insurance and shall not contribute with it.
c. Each ins urance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice has been provided to the City.
Acceptability o f Insurers . District shall furnish the City with original certificates and endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and a pproved by the City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the ri ght to require complete certified c opies of all required insurance policies, including endorsement s affecting the coverage required by these specifications at any time.
If District is self -insured, District may satisfy this requirement by providing a wr itten statement that it is self-insured in the amounts set forth above.
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4 10. The District warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither the District nor any o f its subcontractors shall discrimi nate 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.
11. Notices sent pursuant to this agreement shall be addressed as follows:
To the City: Chief of Police Edmund Barberini
City of San Mateo Police Department
200 Franklin Parkway
San Mateo, CA 94403
To the District: Superintendent Diego R. Ochoa
San Mateo-Foster City School District
1170 Chess Drive
Foster City, CA 94404
12. The term of this agreement shall be from July 1, 2023, to June 30, 20 24, but this agreement may be terminated by either part y upon thirty (30) days ’ written notice to the other party at any time and may be amended by mutual agreement in writing.
CITY OF SAN MATEO
By ________________________________________
EDMUND BARBERINI, CHIEF OF POLICE
ATTEST:
______________________________
PATRICE OLDS, CITY CLERK
SAN MATEO-FOSTER CITY SCHOOL DISTRICT
By
SHARA WATKINS, PRESIDENT OF THE BOARD OF TRUSTEES
APPROVED AS TO FORM:
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5 DIEGO R. OCHOA, SUPERINTENDENT
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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: 16 Section Name: CONSENT CALENDAR Account Number: 10-5141 File ID: 23-7358 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: April 17, 2023
SUBJECT:
Police Duty Weapon Replacement – Agreements
RECOMMENDATION:
Adopt a Resolution to approve an alternative purchasing procedure and to approve agreements with LC Action Police Supply for $110,092.18 and Stacatto 2011 for $115,201.61 for the procurement of replacement duty weapons for the San Mateo Police Department in an amount totaling $225,293.79; and authorize the Chief of Police to execute the agreements in substantially the form presented.
BACKGROUND:
The San Mateo Police Department provides sworn personnel firearms for duty use. These on-duty service weapons generally have a lifespan of 7-10 years as an industry standard. The duty weapons currently utilized by members of the San Mateo Police Department were purchased in 2016. Last year the handguns were evaluated for serviceability and determined to be nearing the end of their useful life and the budgeted replacement has been planned for fiscal year 2023-
24. Thorough research has been conducted by the San Mateo Police Department’s Firearms Training Unit (FTU), and the Glock 9mm and Staccato 9mm pistols have been identified as the desired replacement for the current inventory of Glock pistols.
Instructors from the FTU have fired over 25,000 rounds through several different models of handguns. The new equipment was exposed to extreme environmental conditions, tested for compatibility with currently available authorized duty holsters, and subjected to a variety of dynamic scenarios.
The proposed new duty weapons include pistol mounted optic technology. A pistol mounted optic is a device mounted on the top of a firearm that emits a red dot only visible to the shooter which allows for pinpoint accuracy and reduces the potential of mis-identifying a deadly threat in a critical incident. This technology has become the industry standard due to the increase in accuracy and overall safety.
The new and modern equipment will provide law enforcement with several distinct safety advantages benefiting officers and the public compared to traditional equipment. Modernized equipment will allow officers to focus on a threat during a stressful situation. Maximizing accuracy during critical incidents will increase officer safety as well as the safety of our community.
Staff requests approval of the purchase pursuant to SMMC 3.60.070(h)(3), which allows the Council to use any purchasing process which is in the best interest of the City. Pricing for this type of uniform equipment tends to be fairly standardized amongst retailers – it is unlikely that putting this purchase out to bid formally would result in significant differences in pricing. LC Action is the only authorized local retailer of the equipment (there are only three authorized retailers in the state, with the other two located in Southern California). Staccato is also the only seller of the Staccato 2011 pistol. In the
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CITY OF SAN MATEO
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event that items need to be replaced due to a warranty issue or if staff needs to take a piece of equipment in to have it repaired or serviced, using a local vendor will allow for this replacement/repair to occur in much more expedient manner.
Additionally, staff has worked with LC Action and Staccato in the past and has been pleased with their responsiveness and customer service. For these reasons, staff believes it to be in the best interest of the City to proceed with procurement from LC Action and Staccato.
BUDGET IMPACT:
Funding for this purchase is available in the Equipment Replacement Fund. The scheduled year of replacement for duty weapons is fiscal year 2023-24; however, due to the lengthy lead-time associated with receiving the items, it is essential the order be placed in the current fiscal year to ensure the products are received in time for scheduled Police Department training days in September. The funds will not be spent until the products are received, which will be in fiscal year 2023-
24. Additionally, the City will receive an estimated $54,000 in revenue upon subsequent sale of the existing duty weapons, resulting in a net cost of approximately $171,000. The new handguns will be placed on a seven (7) year replacement cycle, with amortized replacement funds going to the City’s Equipment Replacement 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
Att 2 – Agreement with LC Action
Att 3 – Agreement with Staccato
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Anthony Riccardi, Lieutenant
[email protected]
(650) 522-7689
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
APPROVING AGREEMENTS WITH LC ACTION POLICE SUPPLY
AND STACCATO 2011 FOR PURCHASE OF
REPLACEMENT POLICE DUTY WEAPONS AND RELATED EQUIPMENT
WHEREAS, the duty weapons utilized by the San Mateo Police Department were purchased in 2016 and have reached the end of their useful life; and
WHEREAS, thorough research was conducted and the Glock 9mm pistol and the Staccato 9mm pistol were identified as the desired replacement handguns; and WHEREAS, Municipal Code Section 3.60.070(h)(3) provides that the City may use any purchasing procedures approved by the City Council if the Council makes a finding concurrent with the award that the procedures are in the best interest of the City for that particular agreement.
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 to the environment. (CEQA Guidelines Section 15378(b)(5).)
2. Pursuant to Municipal Code Section 3.60.070(h)(3), it is found that:
a. The approval of the agreement to purchase police duty weapons from LC Action is in the City’s best interest because LC action is the only authorized local dealer of the equipment, thereby allowing for replacement or repairs to be conducted in a more expedient manner, because of the general consistency in pricing for these types of goods; and because staff has worked with LC action in the past and has been pleased with their responsiveness and customer service.
b. The approval of the agreement to purchase police duty weapons from Staccato 2011 is in the City’s best interest because the Staccato pistol has been identified as the desired handgun which will best meet the Police Department’s needs and the item is only solid directly through the manufacturer.
3. The purchase agreements with LC Action Police Supply in the amount of $110,092.18; and with Staccato 2011 in the amount of $115,201.61 are approved.
4. The Chief of Police is authorized to execute the agreements.
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CITY OF SAN MATEO
PURCHASE CONTRACT
FOR POLICE DUTY WEAPON REPLACEMENT
FROM LC ACTION POLICE SUPPLY
This Purchase Contract (“Contract”), made and entered into this _________day of April 2023, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and LC Action Police Supply LLC, a limited liability company whose address is 1088 North First Street, San Jose, CA 95112 (“VENDOR”).
RECITALS:
A. CITY desires to purchase certain Glock G45 9mm pistols and related equipment hereinafter described.
B. CITY desires to engage VENDOR to provide these pistols by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - PURCHASE
The goods to be purchased from VENDOR under this Contract are described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation.
This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.
SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo Police Department, Attn: Regina Sianez, 200 Franklin Parkway, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery. Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.
SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract. All shipments shall be F.O.B. 200 Franklin Parkway, San Mateo, CA 94403. Transportation charges shall be shown as a separate item on the invoice.
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at VENDOR’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance. VENDOR shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.
Pricing must include all charges including handing and delivery. The handguns should be made available for delivery within 60-90 days of receipt of purchase order.
Vendor will provide a master parts list, detailed maintenance, and assembly and disassembly manuals.
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SECTION 6 - WARRANTIES
In addition to any other expressed or implied warranties and unless otherwise agreed in writing, VENDOR warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude VENDOR’s standard warranties or other rights or warranties which the CITY may have or obtain.
Vendor will provide a twelve (12) month warranty on the handguns, except in the instance of abuse. The Vendor agrees he will, at his own expense, provide all labor and parts required to remove, repair or replace any defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The vendor shall guarantee the equipment to be supplied complies with all applicable regulations. Any weapon returned for repair will be given priority and returned to the San Mateo Police Department within ten (10) days of receipt. Vendor will supply and guarantee availability of replacement parts at law enforcement/dealer pricing.
SECTION 7 - INDEMNITY
VENDOR 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 VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.
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SECTION 9 - REMEDIES
In the event of VENDOR’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to the City by law:
(a) require Vendor to repair or replace such goods, and upon VENDOR’s failure or refusal to do so, repair or replace the same at VENDOR’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at VENDOR’s option, said return to be made at VENDOR’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by VENDOR as VENDOR’s repudiation of this contract. In the event of the CITY’s breach hereunder, VENDOR’s exclusive remedy shall be VENDOR’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.
SECTION 10 - COMPLIANCE WITH LAW
VENDOR warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract. VENDOR shall obtain and maintain throughout the life of the Contract all permits or licenses required in connection with the manufacture, sale, and shipment of the products ordered under this Contract.
SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.
SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS
VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.
SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.
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SECTION 15 - WAIVER
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and 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 Contract. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Contract.
SECTION 17 - MEDIATION
Should any dispute arise out of this Contract, 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 California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: City of San Mateo
Police Department
Attn: Ed Barberini, Chief of Police
200 Franklin Parkway
San Mateo, CA 94403
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To VENDOR: LC Action Police Supply
Attn: Kip Miller
1088 North First Street
San Jose, CA 95112
SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and VENDOR 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 VENDOR.
IN WITNESS WHEREOF, CITY OF SAN MATEO and VENDOR have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
VENDOR
Ed Barberini
Chief of Police
Date Kip Miller
Corporate Officer
Date
APPROVED AS TO FORM
Bahareh Abdollahi
Assistant City Attorney
Date
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EXHIBIT A
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CITY OF SAN MATEO
PURCHASE CONTRACT
FOR POLICE DUTY WEAPON REPLACEMENT
FROM STACATTO 2011
This Purchase Contract (“Contract”), made and entered into this _________day of April 2023, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Staccato 2011 LLC, a limited liability company whose address is 114 Halmar Cove, Georgetown, TX 78628 (“VENDOR”).
RECITALS:
A. CITY desires to purchase certain Staccato P DPO pistols and related equipment hereinafter described.
B. CITY desires to engage VENDOR to provide these pistols by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - PURCHASE
The goods to be purchased from VENDOR under this Contract are described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation.
This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.
SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo Police Department, Attn: Regina Sianez, 200 Franklin Parkway, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery. Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.
SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract. All shipments shall be F.O. B. 200 Franklin Parkway, San Mateo, CA 94403. Transportation charges shall be shown as a separate item on the invoice.
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at VENDOR’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance. VENDOR shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.
Pricing must include all charges including handing and delivery. The handguns should be made available for delivery within 60-90 days of receipt of purchase order.
Vendor will provide a master parts list, detailed maintenance, and assembly and disassembly manuals.
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SECTION 6 - WARRANTIES
In addition to any other expressed or implied warranties and unless otherwise agreed in writing, VENDOR warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude VENDOR’s standard warranties or other rights or warranties which the CITY may have or obtain.
Vendor will provide a twelve (12) month warranty on the handguns, except in the instance of abuse. The Vendor agrees he will, at his own expense, provide all labor and parts required to remove, repair or replace any defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The vendor shall guarantee the equipment to be supplied complies with all applicable regulations. Any weapon returned for repair will be given priority and returned to the San Mateo Police Department within ten (10) days of receipt. Vendor will supply and guarantee availability of replacement parts at law enforcement/dealer pricing.
SECTION 7 - INDEMNITY
VENDOR 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 VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.
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SECTION 9 - REMEDIES
In the event of VENDOR’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to the City by law:
(a) require Vendor to repair or replace such goods, and upon VENDOR’s failure or refusal to do so, repair or replace the same at VENDOR’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at VENDOR’s option, said return to be made at VENDOR’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by VENDOR as VENDOR’s repudiation of this contract. In the event of the CITY’s breach hereunder, VENDOR’s exclusive remedy shall be VENDOR’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.
SECTION 10 - COMPLIANCE WITH LAW
VENDOR warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract. VENDOR shall obtain and maintain throughout the life of the Contract all permits or licenses required in connection with the manufacture, sale, and shipment of the products ordered under this Contract.
SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.
SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS
VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.
SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.
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SECTION 15 - WAIVER
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and 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 Contract. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Contract.
SECTION 17 - MEDIATION
Should any dispute arise out of this Contract, 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 California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: City of San Mateo
Police Department
Attn: Ed Barberini, Chief of Police
200 Franklin Parkway
San Mateo, CA 94403
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To VENDOR: Staccato 2011
Attn: John M. Ray
114 Halmar Cove
Georgetown, TX 78628
SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and VENDOR 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 VENDOR.
IN WITNESS WHEREOF, CITY OF SAN MATEO and VENDOR have executed this Agreement the day and year first above written.
CITY OF SAN MATEO
VENDOR
Ed Barberini
Chief of Police
Date Buck Pierson
Senior Vice President
Staccato 2011
Date
APPROVED AS TO FORM
Bahareh Abdollahi
Assistant City Attorney
Date
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EXHIBIT A
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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: 17 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 23-7375 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: April 17, 2023
SUBJECT:
County of San Mateo Human Services Agency – Access and Use Agreement RECOMMENDATION:
Approve an agreement with the County of San Mateo’s Human Services Agency to allow two licenses to use the Clarity Human Services system network, a Homeless Management Information System, by the Police Department’s Homeless Outreach Team workers, and authorize the Chief of Police to execute the agreement in substantially the form presented.
BACKGROUND:
The Police Department maintains a Homeless Outreach Team (HOT), comprised of two civilian employees that conduct outreach with the unsheltered population in San Mateo with an end goal of connecting clients with services and long-term housing. An integral part of their work consists of coordinating outreach with other local and regional service providers in the public and non-profit sectors. Currently, the County of San Mateo Human Services Agency maintains a Homeless Management Information System (HMIS) through the Clarity Human Services system network by Bitfocus (referred to commonly as “Clarity”). Clarity allows all service providers in the county to communicate and coordinate care for affected individuals to achieve optimal outcomes. The County of San Mateo is prepared to grant the HOT two licenses without charge to have access to Clarity so they can utilize it when conducting outreach and follow-up care. The access will solely be used for homeless outreach services. The terms of the agreement run from April 18th, 2023, through June 30th, 2026. It is the City’s policy that City Council approve inter-agency agreements.
BUDGET IMPACT:
There is no expected budgetary impact from this agreement.
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 - Agreement
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
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CITY OF SAN MATEO
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Matt Lethin, Captain
[email protected]
(650) 522-7663
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Clarity Human Services System
Usage and Data Sharing Agreement Between the County of San Mateo Human Services Agency and the San Mateo Police Department This Usage and Data Sharing Agreement (“Agreement”), entered into this ____ day of April 2023, is between the COUNTY OF SAN MATEO HUMAN SERVICES AGENCY (“HSA”) and the SAN MATEO POLICE DEPARTMENT (“SMPD”).
WITNESSETH:
WHEREAS, in 2014, Core Service Agencies and homeless service providers migrated to the secure, private, and confidential Clarity Human Services system network by Bitfocus (“Clarity”), a Homeless Management Information System (“HMIS”) which allows for data sharing across homeless service providers; and WHEREAS, the U.S. Department of Housing and Urban Development’s Homeless Management Information Systems (HMIS) Data and Technical Standards Notice, dated July 30, 2004 (“2004 Notice”), seeks to protect the confidentiality of personal information while allowing for reasonable, responsible, and limited uses and disclosures of data, and the privacy and security standards set forth in the 2004 Notice continue to be required in implementing an HMIS; and
WHEREAS, the San Mateo Police Department (“SMPD”) employs two civilian Homeless Outreach Coordinators, one full-time and one per diem, to provide homeless outreach services to individuals experiencing homelessness in the City of San Mateo; and
WHEREAS, SMPD desires to obtain two Clarity licenses to allow their Homeless Outreach Coordinators to enter and access information in Clarity HMIS; and
WHEREAS, the County of San Mateo Human Services Agency (“HSA”) seeks to ensure that any access and use of Clarity HMIS is limited to these two SMPD civilian Homeless Outreach Coordinators for the purpose of providing homeless outreach services only, and not for any law enforcement, investigation, arrest, prosecution, or other penal purpose;
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. Licensing
Only SMPD’s civilian staff who provide safety net or homeless services shall be granted access to Clarity HMIS.
As of the date of this Agreement, those staff members are identified as follows:
Victoria Asfour, Homeless Outreach Coordinator (full-time) David Johnson, Homeless Outreach Coordinator (per diem) When SMPD requests a Clarity license for a new staff member employed as a Homeless Outreach Coordinator, HSA will meet and review with the staff member the
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2 confidentiality and security rules regarding Clarity HMIS. Any SMPD Homeless Outreach Coordinator granted a Clarity license (“SMPD Licensed Staff”) will be required to complete all required Clarity trainings, review and accept the Clarity Oath of Confidentiality upon their initial login into Clarity HMIS, and annually thereafter while they retain access to the system. Clarity licenses may not be shared with, used or accessed by anyone else, including any other SMPD employees, officers, or command staff who are not SMPD Licensed Staff.
ACCESS TO CLARITY HMIS AFTER EMPLOYMENT ENDS IS PROHIBITED. If an SMPD Licensed Staff member separates from employment with SMPD, notification must be made as soon as possible to the HSA Service Desk ((650) 802-7573, [email protected]) in advance of the employee leaving. The notification must provide a license termination date.
If any license goes unused for more than 90 days, that license may be deactivated. SMPD Licensed Staff will be notified prior to deactivation of the license and shall have 5 business days to respond with a request if the license is to be continued.
2. Commitment to Data Entry
SMPD Licensed Staff agree that information they enter into Clarity’s secure system will be timely, accurate, and as complete as possible. SMPD Licensed Staff will meet with HSA to establish the plan for what data is entered into Clarity for SMPD Licensed Staff. If SMPD requests that a set of services or programs for SMPD Homeless Outreach is created in Clarity, HSA will review and assess the request, and will work with SMPD Licensed Staff to determine the most appropriate data structure within Clarity. SMPD acknowledges that entering data into Clarity may impact the County’s federal report submissions, including data quality metrics, and agree that SMPD Licensed Staff will follow data entry procedures established by HSA.
Timely entry of this data is crucial to the community’s ability to match and refer clients to appropriate safety net and homeless services provided by other providers; to report accurate performance measures; and to capture data on community need.
3. Confidentiality of Client Data
SMPD Licensed Staff will establish appropriate administrative, technical, and physical safeguards to protect the confidentiality of client data in Clarity HMIS, and to prevent unauthorized use or access to said data.
The data in Clarity HMIS shall not be disclosed to anyone or any entity, including but not limited to SMPD employees, officers, or command staff who do not possess a Clarity license, or any other law enforcement agency, except in connection with the administration of safety net and homeless service programs; as necessary to achieve the provision of homeless and safety net services; or for analysis of the data to show performance measurements, as permitted by the San Mateo County Clarity HMIS Privacy Policy (“Privacy Policy”).
Under no circumstances shall the data in Clarity HMIS be used for any law enforcement, investigation, arrest, prosecution, or other penal purpose. A breach of this provision shall result in the immediate termination of Clarity licenses granted to SMPD Licensed Staff, and may result in civil damages as well as criminal penalties under Federal and State privacy laws.
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3 The data may be reviewed by authorized County personnel to check performance measurements, community trends, client services, and for the purpose of monitoring compliance with this Agreement. Summary results (e.g., non-identifying information such as general statistical data, caseload, provider data, funding, and expenditure information) is non-confidential and may be shared upon request. Data that contains identifying information will be accessible and shared on a need-to-know basis only, and only to the extent set forth herein and as permitted by law.
SMPD and SMPD Licensed Staff acknowledge that this confidential data is proprietary to the County, and agree to comply with all applicable State and Federal confidentiality laws and regulations, as well as the Privacy Policy.
SMPD Licensed Staff may collect Personally Identifiable Information (“PII”, as defined in federal information security and privacy laws as information that can be used on its own or in conjunction with other information to identify, contact, or locate a single person, or to identify an individual in context) only when appropriate for the purposes for which the information is obtained or when required by law, and not for any law enforcement, investigation, arrest, prosecution, or other penal purpose. SMPD Licensed Staff must collect PII by lawful and fair means and, where appropriate, with the knowledge of the individual.
SMPD Licensed Staff must post the San Mateo County Clarity HMIS Privacy Notice (“Notice”) at each building that provides direct services. If services are being provided in the community or over the phone, SMPD Licensed Staff will offer to read the Notice to clients and will also make efforts to provide a written copy of the Notice personally, via mail, or other means. In addition, a copy of the Privacy Policy must be made available to clients upon request. Consent of the individual for data collection may be assumed when the Notice is properly displayed, read to the client, or a written copy is provided to the client. Please see the following link for a copy of the current Privacy Policy: https://www.smcgov.org/hsa/san-mateo-county-clarity-hmis-privacy- policy.
SMPD and SMPD Licensed Staff agree to abide by the Privacy Policy, and agree to further abide by any updates to these documents.
4. Periodic Review
SMPD Licensed Staff shall meet with HSA staff every six months, or more frequently as requested by HSA, to discuss the homeless outreach services being provided by SMPD Licensed Staff and interactions with other homeless service providers, and to review their use of Clarity HMIS. These periodic meetings are for the purpose of fostering ongoing open communication and partnership between HSA and SMPD Licensed Staff, particularly in the event of staffing changes.
5. Term and Termination
Subject to compliance with all terms and conditions, the term of this Agreement shall be from April 18 ___, 2023 through June 30, 2026. This Agreement may only be modified, amended, or extended by written agreement of the parties. This Agreement may be terminated by either party at any time, without a requirement of good cause, upon fifteen (15) days’ written notice to the other party. Should SMPD breach any of the terms of this Agreement, the County may terminate the Agreement and SMPD’s access to Clarity HMIS immediately.
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4 6. User Support
If SMPD Licensed Staff experience any technical difficulty with Clarity HMIS, they will send a service request to the Human Services Agency Business Systems Group at [email protected] or (650) 802-7573.
7. SMPD Licensed Staff Responsibilities
SMPD Licensed Staff agree to undergo training and to establish internal processes and procedures to ensure that clients’ confidentiality and privacy are safeguarded, and to enter accurate, complete data. It is understood that accessing Clarity HMIS’ secure, private, and confidential system is for the sole purpose of serving clients. All SMPD Licensed Staff accessing the Clarity system must have a legitimate business reason when searching and accessing information. All activity in Clarity HMIS is logged, and participating agencies understand and agree that this audit trail can be viewed at any time by authorized County personnel.
IN WITNESS OF and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:
Ed Barberini, Chief of Police
SAN MATEO POLICE DEPARTMENT
Authorized Representative Signature Date
Ken Cole, Director
SAN MATEO COUNTY HUMAN SERVICES AGENCY
Authorized Representative Signature Date
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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: 18 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 23-7377 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: April 17, 2023
SUBJECT:
City of Foster City Usage of Police Firing Range Facilities – Agreement RECOMMENDATION:
Approve an agreement with the City of Foster City for use of the San Mateo Police Department firing range for an hourly rate of $65 with a term through June 30, 2026, and authorize the Chief of Police to execute the agreement in substantially the form presented.
BACKGROUND:
San Mateo is the owner and operator of a firing range located on the police station property at 200 Franklin Parkway. The Foster City Police Department desires to use the firing range facilities for the purpose of training and qualifying law enforcement personnel in the use of firearms. The term of the proposed agreement is for the period July 1, 2023 through June 30, 2026. A fee of $65 per hour will be paid to the City of San Mateo for the use of the range during this period.
Foster City would remain responsible for providing their own qualified instructor to direct, control, and supervise use of the facilities. In addition, any employee using the range will be required to complete and sign a waiver to further release the City of San Mateo from any potential liability.
BUDGET IMPACT:
The budget impact for this agreement is minimal, as the revenue generated averages $2,000 per fiscal year.
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 - Agreement
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Anthony Riccardi, Lieutenant
[email protected]
(650) 522-7689
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AGREEMENT FOR USE OF FIRING RANGE
THIS AGREEMENT is entered into as of , by
and between the CITY OF SAN MATEO ("San Mateo"), a municipal corporation, and the CITY OF FOSTER CITY, a municipal corporation ("Contracting Agency").
RECITALS
WHEREAS, San Mateo owns and operates a firing range;
WHEREAS, Contracting Agency wishes to use the firing range for training, competition, and/or other approved purposes; and
WHEREAS, San Mateo desires to allow Contracting Agency to use the firing range in accordance with San Mateo's rules and regulations, which are attached as Exhibit A and made a part of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of their mutual covenants, San Mateo and Contracting Agency agree as follows:
1. San Mateo will allow Contracting Agency to use the firing range for training, competition, or other uses authorized by San Mateo.
2. Contracting Agency's use will at all times be under the direction, control, and supervision of authorized and qualified Contracting Agency instructors.
3. Use of the firing range is subject to availability in the sole discretion of San Mateo.
4. Contracting Agency agrees to pay $65 per hour to San Mateo for the use of the range for the effective period of this Agreement.
5. This Agreement shall be effective for use of the firing range by Contracting Agency for the time period from 07/01/2023 through 06/30/2026.
6. Contracting Agency agrees to defend, indemnify, and hold harmless San Mateo, its elected and appointed officials, employees and agents from and against any and all claims, loss, liability, damages of whatever nature, causes of action, suits, claims, demands, judgments, awards, and settlements, including without limitation, payments of claims of liability resulting from any injury or death of any person arising out of the Contracting Agency’s use of the premises under this Agreement, except for any and all loss, liability, or damages arising out of the intentional or willful misconduct or sole negligence of San Mateo.
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7. The Contracting Agency shall provide and maintain:
A. Commercial General Liabili ty Insurance, occurrence form, with a limit of not less than $ 2,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $500,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
(1) Include the City of San Mateo, its elected and appointed officials, employees, and agents as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds. (2) Be primary with respect to any insurance or self -insurance programs of City, its elected and appointed officials, employees, and agents. (3) Be evidenced , prior to commencement of services by properly executed policy endorsements in addition to a certificate of insurance. (4) No changes in insurance may be made without the written approval of the City Attorney's Office.
8. Contracting Agency agrees that use of the firing range under the terms of this Agreement is only available to its employees and that before using the range all such individuals shall sign, without exception, the waiver form attached hereto as Exhibit B.
9. All notices required in this Agreement shall be given in writing and mailed, postage prepaid, addressed as follows:
To SAN MATEO: Office of the Chief of Police
San Mateo Police Department
200 Franklin Parkway
San Mateo, CA 94403-1921
To CONTRACTING AGENCY: Office of the Chief of Police
Foster City Police Department
1030 E. Hillsdale Blvd.
Foster City, CA 94404
10. This document represents the entire and integrated agreement between San Mateo and Contracting Agency and supersedes all prior negotiations, representations, and agreements, either written or oral.
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11. This Agreement may be amended only by written instrument, signed by both San Mateo and Contracting Agency.
12. This Agreement shall be governed by the laws of the State of C alifornia and, in the event of litigation, venue will be in the County of San Mateo.
13. Each Contracting Agency warrants that the individual who has signed this Agreement on behalf of Contracting Agency has the legal power, right, and authority to execute this Agreement and to bind the Contracting Agency.
14. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
15. This Agreement may be terminated by eith er party upon 20 days ’ written notice.
Dated: _________________________ Dated: ___________________
“Contracting Agency” “San Mateo”
CITY OF FOSTER CITY CITY OF SAN MATEO
________________________________
Authorized Signature Authorized Signature
Tracy Avelar, Chief of Police Ed Barberini, Chief of Police
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Exhibit B
Foster City Police Department
Release
I, _____________________________________________, the undersigned under the direction and control of the Foster City Police Department, have been invited as a guest of the Foster City Police Department to engage in and utilize the firing range facilities of the San Mateo City Police Department.
I, _____________________________________________, the undersigned, represent that for and in consideration of the limited right to use the firing range facilities of the San Mateo Police Department, I do hereby release and forever discharge the City of San Mateo, its employees, agents, and elected and appointed officials, from claims, demands, rights, liability, suits, and causes of action, of every kind and nature whatsoever, from any liability arising from my use of the firing range facilities of the San Mateo City Police Department (SMPD) and my entry onto SMPD property.
The above waiver and release includes a waiver of any right of action, including any future claims under Civil Code Section 1542, on behalf of myself, my heirs or assigns as a result of personal injury or property damage suffered by me while using said facility. California Civil Code Section 1542 states:
A general release does not extend to claims which the creditor does not know or suspect exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
In consideration for the above stated use, I, __________________________________, do hereby agree to indemnify and hold harmless the City of San Mateo, its elected and appointed officials, employees, and agents from and against all claims, damages, losses, and expenses, including attorney fees, arising out of my use of the firing range facilities of the San Mateo City Police Department and my entry onto SMPD property.
I further agree to defend the City of San Mateo, its elected and appointed officials, employees and agents against any such claims
________________________________
User Signature
________________________________
Print Name
________________________________
Title
________________________________
Date
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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: 19 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 23-7378 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: April 17, 2023
SUBJECT:
City of San Bruno Usage of Police Firing Range Facilities – Agreement RECOMMENDATION:
Approve an agreement with the City of San Bruno for use of the San Mateo Police Department firing range for an hourly rate of $65 with a term through June 30, 2026, and authorize the Chief of Police to execute the agreement in substantially the form presented.
BACKGROUND:
San Mateo is the owner and operator of a firing range located on the police station property at 200 Franklin Parkway. The San Bruno Police Department desires to use the firing range facilities for the purpose of training and qualifying law enforcement personnel in the use of firearms. The term of the proposed agreement is for the period July 1, 2023 through June 30, 2026. A fee of $65 per hour will be paid to the City of San Mateo for the use of the range during this period. San Bruno would remain responsible for providing their own qualified instructor to direct, control, and supervise use of the facilities. In addition, any employee using the range will be required to complete and sign a waiver to further release the City of San Mateo from any potential liability.
BUDGET IMPACT:
The budget impact for this agreement is minimal, as the revenue generated averages $2,000 per fiscal year.
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 - Agreement
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Anthony Riccardi, Lieutenant
[email protected]
(650) 522-7689
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AGREEMENT FOR USE OF FIRING RANGE
THIS AGREEMENT is entered into as of , by
and between the CITY OF SAN MATEO ("San Mateo"), a municipal corporation, and the CITY OF SAN BRUNO, a municipal corporation ("Contracting Agency").
RECITALS
WHEREAS, San Mateo owns and operates a firing range;
WHEREAS, Contracting Agency wishes to use the firing range for training, competition, and/or other approved purposes; and
WHEREAS, San Mateo desires to allow Contracting Agency to use the firing range in accordance with San Mateo's rules and regulations, which are attached as Exhibit A and made a part of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of their mutual covenants, San Mateo and Contracting Agency agree as follows:
1. San Mateo will allow Contracting Agency to use the firing range for training, competition, or other uses authorized by San Mateo.
2. Contracting Agency's use will at all times be under the direction, control, and supervision of authorized and qualified Contracting Agency instructors.
3. Use of the firing range is subject to availability in the sole discretion of San Mateo.
4. Contracting Agency agrees to pay $65 per hour to San Mateo for the use of the range for the effective period of this Agreement
5. This Agreement shall be effective for use of the firing range by Contracting Agency for the time period from 07/01/2023 through 06/30/2026.
6. Contracting Agency agrees to defend, indemnify, and hold harmless San Mateo, its elected and appointed officials, employees and agents from and against any and all claims, loss, liability, damages of whatever nature, causes of action, suits, claims, demands, judgments, awards, and settlements, including without limitation, payments of claims of liability resulting from any injury or death of any person arising out of the Contracting Agency’s use of the premises under this Agreement, except for any and all loss, liability, or damages arising out of the intentional or willful misconduct or sole negligence of San Mateo.
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7. The Contracting Agency shall provide and maintain:
A. Commercial General Liabilit y Insurance, occurrence form, with a limit of not less than $ 2,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $500,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
C. Workers Compensation in at least the minimum statutory limits.
D. General Provisions for all insurance. All insurance shall:
(1) Include the City of San Mateo, its elected and appointed officials, employees, and agents as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds. (2) Be primary with respect to any insurance or self -insurance programs of City, its elected and appointed officials, employees, and agents. (3) Be evide nced, prior to commencement of services by properly executed policy endorsements in addition to a certificate of insurance. (4) No changes in insurance may be made without the written approval of the City Attorney's Office.
8. Contracting Agency agrees that use of the firing range under the terms of this Agreement is only available to its employees and that before using the range all such individuals shall sign, without exception, the waiver form attached hereto as Exhibit B.
9. All notices required in this Agreement shall be given in writing and mailed, postage prepaid, addressed as follows:
To SAN MATEO: Office of the Chief of Police
San Mateo Police Department
200 Franklin Parkway
San Mateo, CA 94403-1921
To CONTRACTING AGENCY: Office of the Chief of Police
San Bruno Police Department
1177 Huntington Avenue
San Bruno, CA 94066
10. This document represents the entire and integrated agreement between San Mateo and Contracting Agency and supersedes all prior negotiations, representations, and agreements, either written or oral.
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11. This Agreement may be amended only by written instrument, signed by both San Mateo and Contracting Agency.
12. This Agreement shall be governed by the laws of the State of C alifornia and, in the event of litigation, venue will be in the County of San Mateo.
13. Each Contracting Agency warrants that the individual who has signed this Agreement on behalf of Contracting Agency has the legal power, right, and authority to execute this Agreement and to bind the Contracting Agency.
14. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
15. This Agreement may be terminated by eith er party upon 20 days ’ written notice.
Dated: _________________________ Dated: ___________________
“Contracting Agency” “San Mateo”
CITY OF SAN BRUNO CITY OF SAN MATEO
________________________________
Authorized Signature Authorized Signature
Ryan Johansen, Chief of Police Ed Barberini, Chief of Police
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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: 20 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 23-7329 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 17, 2023
SUBJECT:
Kingridge Sewer Line Improvement Mitigation Site Project – Amendment RECOMMENDATION:
Approve an amendment to the agreement with H.T. Harvey and Associates for environmental engineering services for the Kingridge Sanitary Sewer Line Improvement Mitigation Site project at Laurelwood Park in an amount not to exceed $24,229, for a total agreement amount of $110,174; and authorize the Public Works Director to execute the amendment in substantially the form presented.
BACKGROUND:
In 2010, Public Works Engineering staff initiated a project to replace the sewer line on Kingridge Drive between 36th and 42nd Avenue to eliminate sanitary sewer overflows. The project included the replacement of 4,000 feet of pipe, retaining walls as slope stabilization measures, and the removal of 17 heritage trees. To conduct the work, regulatory permits were obtained from California Department of Fish and Wildlife (CDFW), Regional Water Quality Control Board (RWQCB), and the United States Army Corp of Engineers (USACE). As part of the requirements outlined in the environmental permits for the sewer improvements, an off-site mitigation area was established at Laurelwood Park to offset the tree removal included in the original project, and the Kingridge Sanitary Sewer Mitigation and Monitoring Plan (MMP) was developed.
H.T. Harvey, an environmental consultant, was hired by Public Works to provide landscaping improvement plans and provide six years of long-term maintenance monitoring and habitat development monitoring per the requirements outlined in the MMP. The original construction permits needed from the regulatory agencies require a 10-year monitoring period. H.T. Harvey recommended that Public Works staff seek an early release from the permit requirements after six years of successfully meeting the permit requirements. On behalf of the City, H.T. Harvey requested an early release of requirements to CDFW, RWQCB, and USACE after completion of Year 6 but was unsuccessful, resulting in additional monitoring through the 10-year term. H.T. Harvey’s original scope of services extend through partial Year 8 but are not sufficient to cover work through Year 10. This amendment is to add additional scope and budget to continue monitoring services through Year 10 and complete the permit requirements. After successfully completing Year 10, the City will be fully released of the permit requirements for the project.
H.T. Harvey has provided a proposal of $24,229 to provide continued consulting services for the remainder of the monitoring and maintenance term for the project. Staff requests approval for Amendment No. 1 to the agreement with H.T. Harvey and Associates for environmental engineering services.
BUDGET IMPACT:
Sufficient funding for this amendment is available in the Kingridge Sewer (469922) project.
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ENVIRONMENTAL DETERMINATION:
Under section 15074 of the CEQA Guidelines, the City adopted a negative declaration for this project on October 19, 2015
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Amendment No. 1
STAFF CONTACT
Jana Cadiz, Assistant Engineer
[email protected]
650-522-7575
Jimmy Vo, Senior Engineer
[email protected]
(650) 522-7319
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Contract Amendment Page 1 of 8
Rev 9/17
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AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND H.T. HARVEY AND ASSOCIATES
FOR PROFESSIONAL CONSULTANT SERVICES
FOR KINGRIDGE SANITARY SEWER LINE IMPROVEMENTS – MITIGATION SITE WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and H.T. Harvey and Associates, a California corporation (“Consultant”), entered into an Agreement for Professional Consultant Services for Kingridge Sanitary Sewer Line Improvement – Mitigation Site (“Agreement”) on October 9th, 2014; and
WHEREAS, City and Consultant desire to amend the Agreement to include additional scope of services and increase the Agreement budget total as described.
NOW, THEREFORE, the parties agree as follows:
1. Section 1 “Scope of Project” is amended to read:
“The scope of services to be performed by CONSULTANT under this Agreement is described in Exhibit A and Exhibit A2, Scope of Services, attached and incorporated by reference.”
2. The first paragraph of Section 5 “Duties of Consultant” is amended to read:
“CONSULTANT’S services shall be furnished as described below and as more particularly described in Exhibit A and Exhibit A2, Scope of Services. Any changes in the Scope of Services must be approved in advance, in writing by the Director of Public Works.”
3. The first paragraph Section 8 “Payment” is amended to read:
“Payment shall be made by the CITY only for services rendered and upon submission of monthly progress payment request. In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $110,174 ($85,945 Original Agreement + $24,229 Amendment No. 1). Requests for payments shall be itemized and correspond to the various items of work described in Exhibit A and Exhibit A2 and shall be based on the and cost schedule set forth in Exhibit B2.”
4. Exhibit B shall be replaced with Exhibit B2, attached and incorporated by reference.
5. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 8
Rev 9/17
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IN WITNESS WHEREOF, CITY OF SAN MATEO and H.T. HARVEY AND ASSOCIATES executed this Amendment No. 1 on ______________________.
CITY OF SAN MATEO H.T. Harvey and Associates
Azalea Mitch
Public Works Director
Joe Howard
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.
ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Karin Hunsicker
Secretary
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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: 21 Section Name: CONSENT CALENDAR Account Number: 10-4679 File ID: 23-7330 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 17, 2023
SUBJECT:
Coyote Point and Poplar Pump Stations Design Services – Amendment RECOMMENDATION:
Approve Amendment No. 5 to the agreement with Schaaf & Wheeler for additional scope and services for the Coyote Point and Poplar Avenue Pump Stations project in an amount not to exceed $89,500 for a total agreement amount of $1,407,580; and authorize the Public Works Director to execute the amendment in substantially the form presented.
BACKGROUND:
Schaaf and Wheeler was hired in August 2014 to provide engineering design services for improvements at the Coyote Point Pump Station and Poplar Pump Station (Project). The Project, which included levee improvements, was needed to remove North Shoreview and portions of the North Central neighborhoods from the tidal and residual interior Special Flood Hazard Areas (SFHA) as shown on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map.
The Project is at substantial completion with both pump stations operable and the levee raised to the design elevation.
Staff is requesting funding for post-construction services for Schaaf and Wheeler to conduct final coordination with FEMA on the Letter of Map Revision (LOMR). This process was not originally included in the scope of work and is necessary to formally remove the affected homes out of the SFHA for the North Shoreview and portions of the North Central neighborhood. Upon approval of the amendment, Schaaf and Wheeler will submit the LOMR to FEMA for review. The initial review time is 90 days but may take additional time depending on if revisions are needed. Assuming FEMA determines the LOMR complete and accurate, a map revision will be granted.
The additional budget request also includes funding needed for additional inspection work associated with poor soil site conditions that were encountered during construction. The unforeseen conditions required a redesign of the foundation system and additional time for inspection.
The amendment increases the agreement by an amount not-to-exceed $89,500 to cover the additional construction work and FEMA coordination. Previous amendments are summarized in the table below.
Original Agreement $ 546,300
Amendment No. 1-4 $ 771,780
Amendment No. 5 $ 89,500
Total Agreement $1,407,580
BUDGET IMPACT:
This amendment will be funded from the North Shoreview Flood Improvements (468202) project.
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ENVIRONMENTAL DETERMINATION:
Under section 15074 of the CEQA Guidelines, the City adopted a negative declaration for this project on October 19, 2015.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Amendment No. 5
STAFF CONTACT
Jana Cadiz, Assistant Engineer
[email protected]
650-522-7575
Jimmy Vo, Senior Engineer
[email protected]
(650) 522-7319
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AMENDMENT NO. 5 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND SCHAAF & WHEELER
CONSULTING CIVIL ENGINEERS FOR THE
COYOTE POINT PUMP STATION AND POPLAR AVENUE PUMP STATION
DESIGN SERVICES
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Schaaf & Wheeler Consulting Civil Engineers. (“Consultant”), entered into an Agreement for Engineering Services (“Agreement”) on August 13, 2014; and
WHEREAS, City and Consultant amended the Agreement on January 21, 2016, January 24, 2017, December 16, 2018, and May 5, 2021.
WHEREAS, City and Consultant wish to amend the Agreement to extend the term, increase compensation, and add scope.
NOW, THEREFORE, the parties agree as follows:
1. Section 1 - Scope of Project of the Agreement is amended to reference "Exhibits A, A1, A2, A3, A4, and A5." Exhibit A5 to the Agreement is attached and incorporated by reference.
2. Section 8 - Payment of the Agreement is amended to change the fee from "$1,318,080" to "$1,407,580."
3. The remaining terms of the Agreement remain in full force and effect.
CITY OF SAN MATEO SCHAAF & WHEELER CONSULTING
CIVIL ENGINEERS
______________________________ ___________________________________ Azalea Mitch Charles D. Anderson
Public Works Director President
Date: ____________________ Date: ____________________
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Santa Clara ● San Francisco ● Santa Rosa ● Salinas
Schaaf & Wheeler
CONSULT ING CIVIL ENGINEERS
4699 Old Ironsides Drive, Suite 350
Santa Clara, CA 95054-1860
408-246-4848
March 2, 2023
Mr. Jimmy Vo
City of San Mateo
330 West 20th Avenue
San Mateo, California 94403
Subject: Project Closeout for North Shoreview Flood Improvements Dear Jimmy:
This letter provides the budget moving forward needed to close out the project including FEMA LOMR processing. This includes an as-constructed levee profile survey, final site walks, punch lists, and record drawings. The budget includes charges that have been held, our estimates to finish, our subconsultants’ estimates to finish. Our fee estimates are based on the originally contracted rates.
Consultant Closeout Item Budget
Schaaf & Wheeler
Held ESDC Charges $18,300
Site Walks, Punch Lists, Record Drawings $10,000
LOMR Processing $15,000
Reimbursable LOMR Fee $8,000
Subtotal $51,300
Biggs Cardosa Held Charges, Site Walks, Punch Lists, Record Drawings $20,000 Subtotal $20,000
MTH Held ESDC Charges $5,200
Site Walk, Punch Lists, Record Drawings $5,000
Subtotal $10,200
Kier + Wright Survey of Constructed Levee Profiles $5,000 Subtotal $5,000
Cornerstone Final Closeout Records $3,000
Subtotal $3,000
Total $89,500
The LOMR will be processed using the best available information without further consideration to San Mateo Creek overflows that could be changed by SFPUC operation of Crystal Springs Reservoir. If you have any questions, please do not hesitate to contact me at (408) 406-6959 Sincerely,
Schaaf & Wheeler
Charles D. Anderson, P.E.
President
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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: 22 Section Name: CONSENT CALENDAR Account Number: 14-4682 File ID: 23-7351 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 17, 2023
SUBJECT:
Downtown Parking Equipment Network Hosting and Materials – Amendment RECOMMENDATION:
Approve Amendment No. 1 for professional services with IPS Group, Inc. to provide parking equipment network hosting and materials, increase the agreement amount by $100,000 for a revised agreement total of $400,000, and authorize the Public Works Director to execute the amendment in substantially the form presented.
BACKGROUND:
In June 2021, Council approved an agreement in the amount of $300,000 with IPS Group, Inc. to provide monthly network hosting services required by the City’s downtown parking revenue equipment, as well as for providing proprietary parts and materials on an as-needed basis to maintain the equipment in good working condition. The funding for the agreement also included payment of the credit card transaction fees for each user transaction utilizing credit card payment.
The agreement estimated the total costs necessary for two (2) years of service. However, additional service and materials costs to remove and retrofit pay stations from the downtown area for the pedestrian mall and affordable housing projects resulted in higher than anticipated expenses under this agreement. Further, with parking activity increasing to pre- pandemic levels in the downtown, the cost of the credit card transactions increased beyond what had been included in the agreement. This amendment will add an additional $100,000 to provide enough funding for future invoices through the original agreement duration (currently expiring in June 2023).
BUDGET IMPACT:
There is sufficient funding available in the downtown services operations budget for this amendment.
ENVIRONMENTAL DETERMINATION:
This contract amendment is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Amendment No. 1
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CITY OF SAN MATEO
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STAFF CONTACT
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288
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Contract Amendment Page 1 of 2
Rev 7/21
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AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND
IPS GROUP, INC. FOR
DOWNTOWN SAN MATEO PARKING EQUPMENT AND HOSTING SERVICES WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and IPS GROUP, INC. (“CONTRACTOR”), entered into an Agreement for parking equipment materials and hosting services (“Agreement”) on June 8, 2021; and
WHEREAS, City and CONTRACTOR wish to amend the Agreement effective April 17, 2023 to increase the compensation amount of this Agreement by $100,000.
NOW, THEREFORE, the parties agree as follows:
1. Section 5 of the Agreement is amended to read:
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR in an amount of $400,000 a fee pursuant to rates stated in Exhibit A, attached and incorporated by reference.
2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 2
Rev 7/21
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IN WITNESS WHEREOF, CITY OF SAN MATEO and IPS GROUP, INC. have executed this Amendment No. 1 on ___________________.
CITY OF SAN MATEO CONTRACTOR
Azalea Mitch
Public Works Director
Date Chad Randall
Its Authorized Agent
Chief Operating Officer
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)
Mazarin Vakharia
Assistant City Attorney
Date Brian Webber
Treasurer and General Counsel
Date
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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: 23 Section Name: CONSENT CALENDAR Account Number: 81-6121 File ID: 23-7303 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 17, 2023
SUBJECT:
Multihog Compact Multi-Purpose Sweeper – Purchase Contract RECOMMENDATION:
Adopt a Resolution to approve an alternative purchasing procedure; and approve a purchase contract with Municipal Maintenance Equipment, Inc. for the purchase of one (1) new Multihog CV 350 Compact Multi-Purpose Sweeper in the amount of $173,912.04; establish a contingency reserve in the amount of $35,000; and authorize the Public Works Director to execute the purchase contract in substantially the form presented.
BACKGROUND:
The Parks and Recreation Department Parks Division maintains 280,890 square feet of parking lots and pedestrian pathways. The proposed purchase of one (1) new Multihog CV 350 Compact Multi-Purpose Sweeper is intended to replace an existing 1999 Ford F650 box truck that was used primarily to pull a chipper and haul debris for the Parks Arbor Crew.
The City no longer employs merit staff to complete tree maintenance and therefore this vehicle does not meet the needs of the Department. The proposed sweeper is a more pollution-free and economical solution to the current process.
The Parks Department’s goal is to provide safe and attractive parks while maintaining current levels of debris removal.
Debris removal is primarily done by gas powered backpack blowers. The proposed multi-purpose sweeper will be used for removal of pathway and parking lot debris. The sweeper has certified 4-star containment of pollution, basically 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 park 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. Staff will continue working on developing the infrastructure for electrical leaf blowers.
As part of the transition to a Green Fleet, staff continually research electrical options during the procurement process and aim to replace vehicles with alternative-fueled vehicles when available. The Multihog Multi-Purpose Sweeper is the only compact sweeper currently on the market with no electric option available. When an electric version is not available, staff evaluates diesel options because the City purchases renewable diesel to replace the use of fossil-based fuel. Renewable diesel is made from organic feedstocks and its use reduces carbon emissions. The Multihog Multi-Purpose Sweeper is an environmentally-friendly Tier IV diesel engine. Thus, allowing the City to use renewable diesel, which is a non-fossil-based option.
San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City. Sourcewell (formerly NJPA) is a government organization that solicits, receives, and reviews competitive bids for various specialty equipment, including the Multihog CV 350 Compact Multi-Purpose Sweeper. Sourcewell has conducted competitive, public bids to select vendors to achieve
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competitive pricing and has selected Multihog as one of their vendors. Municipal Maintenance Equipment, Inc. (MME) is the authorized and sole dealership in Northern California for Multihog and will fulfill the purchaser order on behalf of Multihog based on the Sourcewell contract. Therefore, the purchase of one (1) new Mulithog CV 350 Compact Multi- Purpose Sweeper from MME is in the best interest of the City because the Multi-Purpose Sweeper is the recommended replacement for the existing Parks and Recreation truck and the City may rely on bids obtained from Sourcewell because it has solicited, received, and reviewed competitive bids for the desired sweeper through its cooperative purchasing program. Based on the above, staff recommends the purchase of one (1) new Multihog CV 350 Compact Multi-Purpose Sweeper from MME.
BUDGET IMPACT:
Funding for this purchase contract will be funded from the Vehicle and Equipment Replacement Fund. Sufficient funding is available.
ENVIRONMENTAL DETERMINATION:
This purchase is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Contract
STAFF CONTACT
Marie Silva, Facilities and Fleet Services Manager
[email protected]
6505227328
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303
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RESOLUTION NO. ____ (2023)
APPROVE AN ALTERNATIVE PURCHASING PROCEDURE FOR THE PURCHASE OF ONE (1) NEW MULTIHOG CV 350 COMPACT MULTI-PURPOSE SWEEPER WITH MUNICIPAL MAINTENANCE EQUIPMENT, INC. IN THE AMOUNT OF $173,912.04
WHEREAS, the City Council is being asked to award a contract for the purchase of one (1) new Multihog CV 350 Compact Multi-Purpose Sweeper in the amount of $173,912.04; and WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contacts of $100,000 or more; and
WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures when it is in the best interest of the City; and WHEREAS, Sourcewell (formerly NJPA) offers services to make the government procurement process more efficient through cooperative purchasing: and
WHEREAS, use of Sourcewell – Contract #030619-MUL offers competitive pricing for Multihog CV 350 Compact Multi-Purpose Sweeper; and
WHEREAS, the one (1) new Multihog CV 350 Compact Multi-Purpose Sweeper with the specifications and capabilities meet the requirements of the City; and WHEREAS, Municipal Maintenance Equipment, Inc. is the sole authorized dealership in Northern California for the Multihog CV 350 Compact Multi-Purpose Sweeper; and WHEREAS, Municipal Maintenance Equipment, Inc. is agreeable to fulfilling Sourcewell - Contract #030619-MUL for the Multihog CV 350 Compact Multi-Purpose Sweeper; and WHEREAS, based on these circumstances, staff recommends approval of the purchase of one (1) new Multihog CV 350 Compact Multi-Purpose Sweeper from Municipal Maintenance Equipment, Inc. because it is in the best interest of the City without standard competitive bid practice.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. The purchase of one (1) new Multihog CV 350 Compact Multi-Purpose Sweeper is not a project subject to CEQA because it consists of 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. In accordance with Municipal Code Section 3.60.070(h)(3), the purchase of one (1) new Multihog CV 350 Compact Multi-Purpose Sweeper from Municipal Maintenance Equipment, Inc. based on pricing from Sourcewell is in the City’s best interest for these reasons:
a. The Multihog CV 350 Compact Multi-Purpose Sweeper is the sole manufacturer for the City’s Park and Recreation Departments desired vehicle; and b. Sourcewell competitively bid the contracts to provide the listed vehicle and Multihog was selected; and
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c. The City has obtained competitive pricing for one (1) Multihog CV 350 Compact Multi- Purpose Sweeper through Sourcewell – Contract #030619-MUL which will be fulfilled by Municipal Maintenance Equipment, Inc.
3. The procedure utilized by staff to obtain Sourcewell – Contract #030619-MUL for the purchase of one (1) Multihog CV 350 Compact Multi-Purpose Sweeper from Municipal Maintenance Equipment, Inc. is approved in accordance with Municipal Code Section 3.60.070(h)(3).
4. The purchase of one (1) new Multihog CV 350 Compact Multi-Purpose Sweeper in the amount of $173,912.04, with a contingency reserve in the amount of $35,000, is approved.
5. The Public Works Director is authorized to execute the purchase contract in substantially the same form on behalf of the City.
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PURCHASE CONTRACT
FOR ONE (1) MULTIHOG CV 350 COMPACT MULTI-PURPOSE SWEEPER FROM MUNICIPAL MAINTENANCE EQUIPMENT, INC.
This Purchase Contract (“Contract”), 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 Municipal Maintenance Equipment, Inc., a corporation (“VENDOR”).
RECITALS:
A. CITY desires to purchase certain Multihog CV 350 Compact Multi-Purpose Sweeper hereinafter described.
B. CITY desires to engage VENDOR to provide these Multihog CV 350 Compact Multi- Purpose Sweeper by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - PURCHASE
The goods to be purchased from VENDOR under this Contract are described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - PRICE AND TAXES
All prices, for an amount not to exceed $173,912.04, shall be as stated in this Contract and are firm and not subject to escalation. This purchase is subject to all California sales tax.
Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.
SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.
Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.
SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract.
All shipments shall be F.O. B. 1961 Pacific Blvd. San Mateo. Transportation charges shall be shown as a separate item on the invoice.
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at VENDOR’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance. VENDOR shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.
SECTION 6 - WARRANTIES
In addition to any other expressed or implied warranties and unless otherwise agreed in writing, VENDOR warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude VENDOR’s standard warranties or other rights or warranties which the CITY may have or obtain.
SECTION 7 - INDEMNITY
VENDOR 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 VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
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SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.
SECTION 9 - REMEDIES
In the event of VENDOR’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to the City by law: (a) require Vendor to repair or replace such goods, and upon VENDOR’s failure or refusal to do so, repair or replace the same at VENDOR’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at VENDOR’s option, said return to be made at VENDOR’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by VENDOR as VENDOR’s repudiation of this contract. In the event of the CITY’s breach hereunder, VENDOR’s exclusive remedy shall be VENDOR’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.
SECTION 10 - COMPLIANCE WITH LAW
VENDOR warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract. VENDOR shall obtain and maintain throughout the life of the Contract all permits or licenses required in connection with the manufacture, sale, and shipment of the products ordered under this Contract.
SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.
SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
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SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.
SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.
SECTION 15 - WAIVER
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and 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 Contract. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Contract.
SECTION 17 - MEDIATION
Should any dispute arise out of this Contract, 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 California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Marie Silva
City of San Mateo
1961 Pacific Blvd.
San Mateo, CA 94403
To VENDOR: Municipal Maintenance Equipment, Inc.
Attn: James Wheeler
4634 Mayhew Road
Sacramento, CA 95827
SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR 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 VENDOR. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and Municipal Maintenance Equipment, Inc. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO VENDOR
Azalea Mitch
Public Works Director
Date Helen Mackenzie Wheeler
President
Date
APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
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Exhibit A
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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: 24 Section Name: OLD BUSINESS Account Number: 10-3133 File ID: 23-7307 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: April 17, 2023
SUBJECT:
Adopted 2023-2031 Housing Element Study Session
RECOMMENDATION:
Provide direction on how staff should respond to the California Department of Housing and Community Development’s (HCD’s) second comment letter dated March 27, 2023 on the City’s Adopted Housing Element.
BACKGROUND:
Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of their community. California’s local governments meet this requirement by adopting housing elements, which are updated every 5-8 years. Housing elements are one of several "chapters,” or elements, of a city’s General Plan and are required by the State. Housing elements are the only element of a General Plan subject to State requirements for content and they must be certified by the California Department of Housing and Community Development (HCD). State funding programs for transportation, infrastructure, and housing often require or consider a local jurisdiction’s compliance with housing element law. In addition, non-compliance with housing element requirements and targets could limit a local jurisdiction’s ability to impose local zoning and land use controls over housing development.
For the upcoming eight-year housing element cycle (2023-2031), HCD has identified the nine-county Bay Area region’s housing need to be 441,176 units, with this number broken down into four income categories, from very low-income households (which includes extremely low) to above moderate (market rate) housing. This Regional Housing Needs Determination (RHND) is based on population projections produced by the California Department of Finance (DOF), as well as adjustments that incorporate the region’s existing housing need.
The City of San Mateo’s Regional Housing Needs Allocation (RHNA) for this housing cycle is 7,015 new housing units distributed across the four income groups: very low, low, moderate and above moderate. The City’s Adopted Housing Element identifies how the City can accommodate its RHNA of 7,015 new homes over the next eight years, plus a buffer, and establishes goals, policies and programs to help address the City’s current and future housing needs.
Preparation of the City’s Housing Element initially started in January 2021, with a robust community engagement process consisting of community meetings, stakeholder meetings, pop-up events, and surveys. The draft Housing Element was published from April 6, 2022 through May 6, 2022 for a 30-day public comment period and was reviewed by the Planning Commission on April 26, 2022 and May 3, 2022. On May 23, 2022, the City Council reviewed the draft Housing Element and provided staff direction to revise several programs and use the staff-recommended approach to the sites inventory.
Staff revised the draft based on Council’s direction and on July 1, 2022, the draft 2023-2031 Housing Element was submitted to HCD. HCD completed their first 90-day review and provided a comment letter on September 28, 2022.
Based on input and direction from Council, City staff revised the Housing Element in response to HCD’s first 90-day review
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letter. The revised draft Housing Element document was published from December 30, 2022 to January 10, 2023 for the mandated 7-day public comment period. The revised draft was reviewed by the Planning Commission at a public hearing on January 12, 2023 and adopted by the City Council on January 24, 2023, to affirmatively further fair housing and accommodate the City’s 7,015-unit Regional Housing Needs Allocation (RHNA) for the 2023-2031 Housing Element cycle.
The content of the adopted 2023-2031 Housing Element was structured for consistency with the requirements set forth in State law. In addition to responding to requirements of State law, the adopted Housing Element also demonstrated the City’s strategy to meeting its housing needs as determined by local growth projections through identification of sites as well as policies and programs that promote housing development in the City. The adopted Housing Element was submitted to the California Department of Housing and Community Development (HCD) on January 27, 2023. HCD completed their review of the City’s adopted Housing Element and provided written comments to the City on March 27, 2023 (Attachment 1).
HCD Comments
HCD’s second comment letter requested additional information and further analysis in several areas of the Housing Element, including the feasibility of future housing sites, fair housing policy, housing goals, policies and programs, and removing constraints to building housing. There are four substantial topic areas in the letter that will require additional work by the City, and are further described below along with potential actions to address the comments:
1) Measure Y:
a) HCD Comment: While the element includes Program 1.21 (Adopt San Mateo General Plan 2040), it must include specific commitments to increase densities and adjustments to development standards. In addition, the element should include a specific program to address the constraint of Measure Y b) Potential actions to respond to HCD’s comments: Subject to voter approval, the City may establish base density and height limits that exceed those currently allowed by Measure Y, through a 2024 ballot measure. 2) Sites Inventory:
a) HCD Comments: The review letter includes several comments regarding the Sites Inventory, including that the Housing Element does not include a complete site analysis, that the adequacy of sites and zoning have not established a realistic capacity, that the suitability of nonvacant sites has not been sufficiently demonstrated, and that more analysis is needed to show that the Sites Inventory meets AFFH requirements. In addition, HCD has expressed concern on the realistic capacity of large sites in the sites inventory and recommends use of the City’s inclusionary standard for projecting affordable unit capacity. b) Potential actions to respond to HCD’s comments:
i) Explore ideas on how to add capacity to the sites inventory. (1) Establish a housing overlay on quasi-public sites, such as church sites. (2) Revisit the sites inventory list to see if additional sites may be eligible. (3) Explore an affordable housing overlay zone.
(4) Continue to explore other strategies to add capacity to the sties inventory for discussion at the study session.
3) Accessory Dwelling Units:
a) HCD Comment: The element did not address the finding regarding the City’s ADU projections, please see HCD’s prior review. In addition, Program 1.4 must commit to also monitoring affordability of the ADU units that are permitted as well as provide additional incentives or identify additional sites if production and affordability assumptions are not met.
b) Potential actions to respond to HCD’s comments:
i) Adjust the ADU affordability projections based on the accepted region-wide methodology by HCD, instead of the more conservative estimates used by City staff.
ii) Establish an internal monitoring program for HCD review when staff prepares its annual progress report. iii) Utilize the HCD Affordability Tool beginning with the 2023 Housing Element Annual Performance Report to calculate presumed ADU affordability levels.
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4) Infrastructure:
a) HCD Comment: While the element was revised to state all sites have access to water, sewer and dry utilities, it must state whether there is sufficient capacity to accommodate the City’s RHNA in the planning period. In addition, the element generally mentions infrastructure constraints for infill development. The element must describe and analyze the constraints as well as their impacts on the identified sites to meet the RHNA and add or modify programs as appropriate.
b) Potential actions to respond to HCD’s comments:
i) Provide a more definitive statement and strengthen language regarding water capacity, as advised by HCD staff.
Constraints Analysis
In order to respond to HCD’s comments regarding constraints to housing development in the City, staff is exploring some options to facilitate residential development. Some of the options that staff are exploring include:
1. Streamlining the application process: The HCD letter noted that the preapplication process adds at least four months in addition to the typical approval times listed and the element should add or modify programs as appropriate to address the constraint. Staff is exploring alternatives, including the possibility of eliminating the preapplication process.
2. Redesigning parking standards: The HCD letter notes that the City must include specific implementation actions to reduce parking requirements for studio and one-bedroom units city-wide as well as for units that are at least 1,400 square feet. Staff is proposing to include those specific implementation actions in the next version of the Housing Element.
3. Objective design standards: The City is in the process of developing multi-family and mixed-use objective design standards (ODS), which once complete will help facilitate the review and development of residential developments. Upon completion, development projects that comply with ODS cannot be denied or reduced in density, subject to a narrow health and safety exception.
Next Steps
Like most other cities in the Bay Area, the City of San Mateo is continuing to make progress on its housing element and is going through an iterative process with HCD. It is common for cities to receive several rounds of comment letters from HCD, and the majority of the cities in the Bay Area are still working toward HCD certification, which provides a range of benefits such as eligibility for important State funding.
The Housing Element review process is very technical and involves complex land use, statutory and legal issues, and with a number of new requirements in this cycle, the City recognizes that HCD has a significant number of cities it has to certify.
City staff is continuing to request additional meetings with HCD leadership and are looking forward to productive discussions to better understand their direction, with the goal of mutually agreed upon compliance with State law and planning for future housing development in the City. In the meantime, staff continues to develop strategies to achieve certification as quickly as possible and expects to bring ideas in addition to those contained in this report to the April 17, 2023 City Council meeting as part of its presentation.
Staff is proposing the following next steps and anticipated timeline for approval and certification of the Housing Element:
•April/May 2023 – Update the adopted Housing Element in response to HCD second review letter comments and City Council direction
•April/May 2023 – Determine if the Housing Element as revised is able to rely on the current 2030 General Plan Environmental Impact Report (EIR). If the Housing Element is unable to rely on the EIR, then staff will begin a concurrent process to conduct environmental review under the California Environmental Quality Act as the next versions of the Housing Element is developed in collaboration with HCD •May 2023 - Resubmit to HCD for a subsequent review
•May/June 2023 – HCD review period
•June/July 2023 – Public hearings before the Planning Commission for a recommendation on the Housing Element
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and the City Council to re-adopt Housing Element.
•July 2023 – Submit the re-adopted Housing Element to HCD for certification.
Once the adopted Housing Element has been updated to address all HCD comments, public hearings before the Planning Commission and City Council will be scheduled for final review and re-submittal to HCD. At the time that HCD reviews and finds the Housing Element to be in substantial compliance, the Housing Element will be presented to City Council for re- adoption. After the Council re-adopts the Housing Element, it will be submitted to HCD for certification.
Council Direction
As previously mentioned, HCD provided several comments that could result in significant changes to the goals, policies and programs that Council has previously reviewed and provided their feedback on. Staff is seeking Council direction on how to respond to HCD’s comments. Addressing HCD’s comments will bring the City closer to submitting a Housing Element that both the State and the City agree is substantially compliant.
BUDGET IMPACT:
There are no direct budgetary impacts to taking this action. The preparation of the Housing Element has been accounted for in the City’s budget.
ENVIRONMENTAL DETERMINATION:
This study session 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.) The adoption of the 2023-2031 Housing Element on January 27, 2023 was considered exempt under the “common sense” exemption under state CEQA Guidelines Section 15061(b)(3) because the project involved policies, programs, and actions to meet the City’s RHNA and AFFH goals that would not have any potential for causing a significant effect on the environment and identifying programs and actions that could remove constraints and promote affordable housing development. Because the City did not have to rezone any sites or make any physical improvements to adopt the Housing Element, it could be seen with certainty that there was no possibility that the Housing Element would have a significant effect on the environment. A notice of exemption for the 2023-2031 Housing Element was filed with the County of San Mateo Clerk-Recorder’s office on February 23, 2023.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – HCD Comment letter on Adopted 2023-2031 Housing Element Att 2 – Staff Response to HCD Comment Letter
Att 3 – Public Comments Referenced by HCD
STAFF CONTACT
Eloiza Murillo-Garcia, Housing Manager
[email protected]
(650) 522-7223
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
M
arch 27, 2023
D
rew Corbett, City Manager
City of San Mateo
330 West 20th Avenue
San Mateo, CA, 94403
D
ear Drew Corbet:
R
E: City of San Mateo’s 6th Cycle (2023-2031) Adopted Housing Element
T
hank you for submitting the City of San Mateo’s (City) housing element adopted January 24, 2023 and received for review on January 30, 2023. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on March 8, 2023 with Zachary Dahl, Eloiza Murillo- Garcia, and consultant Diana Elrod. In addition, HCD considered comments from Housing Leadership Council of San Mateo, Christopher Conway, Andrew Wofford, and David Kellogg pursuant to Government Code section 65585, subdivision (c).
T
he adopted housing element addresses many statutory requirements described in HCD’s September 28, 2022 review; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code), see enclosed Appendix.
F
or your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.
P
ublic participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be
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Drew Corbett, City Manager