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Agenda packet, regular meeting

San Mateo City Council
May 6, 2024

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Agenda packet, regular meeting
Meeting
May 6, 2024
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San Mateo City Council
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Text extracted from the city's file for reading and search. Open the original on sanmateo.primegov.com. That file is the official record.

CITY OF SAN MATEO
City Council Regular Meeting
May 6, 2024
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Lisa Diaz Nash, Mayor
Rob Newsom Jr., Deputy Mayor
Rich Hedges
Amourence Lee
Adam Loraine

AMENDED 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:

Monday, May 6, 2024
To join via telephone: (408) 638-0968
Webinar ID: 830 2234 3483 Passcode: 863295
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
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances

CEREMONIAL

1. San Mateo High Schools 4.0 Grade Point Average Graduate – Recognition

2. Rotary Club of San Mateo Centennial – Recognition

3. National Police Week – Proclamation

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

4. Private Development and Right-of-Way Support Services – Amendment Approve Amendment No. 1 to the agreement with Anchor Engineering for private development and right-of-way support services to increase the agreement by $180,000 for a total not-to-exceed amount of $680,000; extend the term of the agreement through June 30, 2026; and authorize the Public Works Director to execute Amendment No. 1 in substantially the form presented.

CEQA: Approval of Amendment No. 1 to the City’s Agreement with Anchor Engineering is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the review of wireless permits applications may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3))

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5. Permanent Local Housing Allocation – Grant Application Adopt a Resolution to reapply to the State of California for Permanent Local Housing Allocation grant program fund and approve an amendment to the five-year funding plan.

CEQA: All meeting noticing requirements were met. Notifications were sent to the Housing NotifyMe list for the City Council meeting on May 6, 2024. A public notice was published to announce the availability of the draft plan on the city website. The draft was open to a 30-day comment period from March 26, 2024 to April 25, 2024.

6. Downtown Parking Garage Safety Project – Agreement
Approve an agreement with Golden Bay Construction, Inc. for the Downtown Parking Garage Safety Project in the amount of $380,439; establish a contingency reserve in the amount of $76,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

CEQA: This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

7. Underground Flow Equalization System – Contingency Amendment Approve an increase to the contingency reserve associated with the Anderson Pacific Engineering Construction, Inc. construction contract for the Underground Flow Equalization System (UFES) project in the amount of $771,000, for a revised total contingency reserve of $5,671,000; and authorize the Public Works Director to issue change orders within the contingency amount.

CEQA: The work addressed by this administrative report is being undertaken to support the Clean Water Program.

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

8. Citywide Small Trash Capture Project – Agreement
Approve an agreement with United Storm Water, Inc. for the Citywide Small Trash Capture Project in the amount of $697,277; establish a contingency reserve in the amount of $105,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

CEQA: This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

9. Community Development Block Grant 2024-25 Annual Action Plan – Adoption Adopt the 2024-25 Annual Action Plan for the Community Development Block Grant program.

CEQA: Adoption of this plan 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

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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.

NEW BUSINESS

10. Mental Health Awareness Month and Community Wellness and Crisis Response Team - Presentation Receive an informational presentation from the San Mateo Police Department's Community Wellness and Crisis Response Team.

CEQA: This informational update 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 HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made.

Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.

11. Charter Amendments – Public Hearing
Hold a public hearing regarding proposed City Charter amendments addressing how the Mayor is chosen, how vacancies on the City Council are filled, district elections, and other revisions.

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

12. Council Member Compensation – Ordinance Introduction Introduce an ordinance increasing compensation for City Council members from $600 per month to $1000 per month, effective January 2025.

CEQA: This proposed ordinance 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, and because it is a fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4),(5).)

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.

CLOSED SESSION
The public will have an opportunity to comment before the Council’s consideration of this item. Following the meeting a report of action from Closed Session will be provided if required.

13. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Shawnna Maltbie, Karen Huang and Stacey Cue.

Employee Organizations: Police Sergeants’ Association, San Mateo City Employees Association, SEIU Maintenance

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and SEIU Non-Merit Part-Time

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: 4 Section Name: CONSENT CALENDAR Account Number: 26-4662 File ID: 24-8534 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 06, 2024
SUBJECT:

Private Development and Right-of-Way Support Services – Amendment RECOMMENDATION:

Approve Amendment No. 1 to the agreement with Anchor Engineering for private development and right-of-way support services to increase the agreement by $180,000 for a total not-to-exceed amount of $680,000; extend the term of the agreement through June 30, 2026; and authorize the Public Works Director to execute Amendment No. 1 in substantially the form presented.

BACKGROUND:

On July 18, 2022, City Council approved an agreement with Anchor Engineering for private development and right-of-way support services for $500,000 to address an anticipated increase of Wireless Communications Facilities permit (Wireless Permits) applications requiring Public Works staff review.

Wireless Permits:

Wireless Permits are a type of Public Works permit that require significant staff resources to review when compared to other types of Public Works permits. The City currently has four (4) master license agreements with telecommunications companies. There is currently one company that is actively submitting Wireless Permit applications for approximately 200 planned sites.

As required by the Federal Communications Commission (FCC), City staff must review Wireless Permit applications within a specified time ranging from 60 – 90 days (depending on the type of permit), this specified time is known as the “shot clock.” The shot clock starts when the applicant submits the application and stops when the permit is approved. If staff cannot complete the review within the shot clock, the application is automatically deemed approved by existing federal law. To pay for all costs associated with City staff time, consultant review, and processing of Wireless Permit applications, the Fiscal Year 2023-24 fee schedule charges a minimum deposit of $4,000 or $2,500, depending on the whether the application is for a standard Wireless Permit or Section 6409 Permit.

Support Services for Wireless Permits Review and Processing:

With the existing staff and Public Works review workload, Public Works does not have sufficient resources to review and process all the anticipated Wireless Permit applications within the timeframe allowed by the FCC shot clock. Since Anchor Engineering has come on board in 2022, they have provided satisfactory turnaround times to meet growing demand for Wireless Permit review and processing. The Achor Engineering expense rate was $311,986 in one calendar year. At this time, there is $273,429 remaining of the original $500,000 contract amount.

To meet the short deadlines, Public Works recommends extending the existing agreement with Anchor Engineering for an

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CITY OF SAN MATEO
additional two (2) years and increasing the agreement amount by $180,000 to continue providing Wireless Permit review and processing services.

BUDGET IMPACT:

Funding for Anchor Engineering will be full cost recovery as they will be charging to the deposit accounts set forth in the current adopted fee schedule.

ENVIRONMENTAL DETERMINATION:

Approval of Amendment No. 1 to the City’s Agreement with Anchor Engineering is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the review of wireless permits applications 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 - Amendment No. 1

STAFF CONTACT
Jason Hallare, Senior Engineer
[email protected]
650-522-7316

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Contract Amendment Page 1 of 5
CAO Approved March 2024
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1 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF SAN MATEO AND

ANCHOR ENGINEERING FOR PRIVATE DEVELOPMENT AND RIGHT-OF-WAY SUPPORT SERVICES ($500,000 [Original Amount], $180,000 [Amendment No. 1]) This Amendment is 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 Anchor Engineering, a corporation ("CONSULTANT"), whose address is 3685 Mt. Diablo Blvd, Suite 310, Lafayette, CA 94549.

WHEREAS, CITY and CONSULTANT entered into an agreement on August 16, 2022 to provide private development and right-of-way support services to the Public Works Development section (“Agreement”); and
WHEREAS, CITY and CONSULTANT wish to amend the Agreement to extend the term of the Agreement; and
WHEREAS, CITY and CONSULTANT wish to update CONSULTANT’s payment rates and increase the compensation for the Agreement by $180,000, for a total not to exceed amount of $680,000.

NOW, THEREFORE, the parties agree as follows:

1. Section 1 “Scope of Services” of the Agreement is amended to read:

The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A.1 to this Agreement, attached and incorporated by reference.

2. Section 4 “Term” of the Agreement is amended to read:
“The services to be performed under this Agreement shall be completed on June 30, 2026.”

3. Section 5 “Payment” 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.1, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $680,000, pursuant to rates stated in Exhibit A.1 to this Agreement, attached and incorporated by reference.”

4. Exhibit A of the Agreement is hereby replaced with the attached Exhibit A.1.

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 5
CAO Approved March 2024
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1 IN WITNESS WHEREOF, CITY OF SAN MATEO and CONSULTANT have executed this Amendment No. 1 on ___________________ .

CITY OF SAN MATEO ANCHOR ENGINEERING
Matthew Fabry, P.E.

Public Works Director
Date Bisa Grant
President and CEO
Date

APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date
Attachments:

Exhibit A.1: Scope of Services and Fee Rates

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EXHIBIT A.1

SCOPE OF SERVICES AND FEE RATES

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 36-3133 File ID: 24-8592 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: May 6, 2024
SUBJECT:

Permanent Local Housing Allocation – Grant Application
RECOMMENDATION:

Adopt a Resolution to reapply to the State of California for Permanent Local Housing Allocation grant program fund and approve an amendment to the five-year funding plan.

BACKGROUND:

The purpose of the Permanent Local Housing Allocation (PLHA) grant is to provide a permanent source of funding to all local governments in California to help cities and counties implement plans to increase housing affordability. This is a flexible funding source that can be used for a wide range of activities from increasing the housing supply to providing supportive services. The PLHA application requires the City to develop a Five-Year Plan to allocate spending. The City has received allocations of $341,894 in the first year (2019); $531,409 in the second year (2020); and $584,800 in the third year (2021). To receive the fourth year allocation (2022), the City needs to adopt a resolution (Attachment 1) to reapply for the PLHA fund, approve an amendment to the Five-Year Plan (Attachment 2) based on the new allocation, and submit an application to the State Department of Housing and Community Development (HCD) to receive the fourth year grant allocation of $293,103 (Attachment 3). The fourth year allocation is substantially lower than the third year, which drives the need for a plan amendment and funding adjustment. The PLHA entitlement allocation is based upon the previous year’s collection of title recording fees, which can vary from year to year, which resulted in the large discrepancy.

For the fourth year PLHA grant funding allocation, four subrecipient organizations have been identified: Bridge Housing, LifeMoves, HIP Housing and Samaritan House.

LifeMoves – Council directed staff to use PLHA funds for rapid rehousing during a special meeting study session on June 1, 2020. Rapid rehousing includes rent assistance for a period of approximately 6 to 12 months combined with supportive services to households who are homeless or at risk of homelessness. A rapid rehousing program was developed and the non-profit organization, LifeMoves, was selected to administer the program. The program provides clients who are at risk of homelessness and below 30% Area Median Income (AMI) with 10 months of rental stabilization and case management for a wide range of services including employment, education, mental health, and more. The program aims to serve 5 individuals and 5 families annually. The rapid rehousing program has been a PLHA grant fund recipient for the past three years.

BRIDGE Housing - The affordable housing development Montara, which was completed in 2020 and is located at 2775 S.

Delaware Street, includes 16 units for formerly homeless households. These targeted units include supportive services from Veterans Affairs and San Mateo County, in addition to rental assistance as part of the financing package provided by the County. In response to concerns raised at stakeholder meetings with neighboring properties, the City has worked with the developer, BRIDGE Housing, to expand its residence services at the property to make more services available as well as

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CITY OF SAN MATEO
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expanding onsite hours for all of the tenants. To achieve the expanded services, a full-time services coordinator, in place of a half-time position, was created. This cost was not anticipated when the developer initially sought its funding commitments and resulted in a gap in the operating budget for the first four years of the project. PLHA funding has been used to support the full-time services coordinator at Montara for the past three years.

HIP Housing - HIP Housing was a long-time recipient of the Community Development Block Grant (CDBG) funds through the City and has been a City partner in both providing affordable housing units and maintaining their home-sharing program, which matches tenants who are unable to afford the high rents in the City with home-owners who are willing to rent out spare rooms in their homes. The strict guidelines of the Department of Housing and Urban Development (HUD) forced HIP Housing to forgo participating in the CDBG Community Funding program and left a gap in funding. Staff recommends funding HIP Housing with a PLHA grant in order to return assistance to the home sharing program.

Samaritan House - Samaritan House operates the Safe Harbor emergency shelter, a facility that provides case management, site-based emergency and transitional housing support to the clients in their 105-bed facility. The City has provided consistent support to this program through local housing funds in the past in order to ensure they would not have to compete with other organizations in the limited CDBG Community Funding program. As a service that assists persons experiencing homelessness, funding this program would be compatible with the design of the PLHA program and would preserve flexible local housing funds that can be reserved for other long-term housing related projects.

To utilize these funds to support the aforementioned organizations, staff recommends that the Council approve an amended Five -Year PLHA Plan, as well as adopting a resolution to re-apply for PLHA funding for Year 4. The Five-Year Plan that is submitted to the State can be amended in the future if changes are desired.

BUDGET IMPACT:

Staff has set up a fund (referred to as Fund 36) for this grant. PLHA is a noncompetitive grant that the State allocates to the City over a course of five years. The grant amount for the fourth year (2022) is $293,103. These funds have not yet been received by the City, as they need to be requested through a release of funds after the approval of the Five-Year Plan amendment. The exact dollar amount for the final year will vary based upon the collection of the real estate recording fees, which is the revenue source for the PLHA fund. The total estimated dollar amount that the City will receive over five years is $2,051,364. Based on the funding available, the proposed budget for the fourth year of the PLHA grant is as follows:

PLHA Year 4 (2022) Budget Amount
LifeMoves (Rapid Rehousing) $181,907
BRIDGE Housing (Montara) $61,541
HIP Housing $20,000
Samaritan House (Safe Harbor Emergency Shelter) $15,000 City Administration $14,655
Total $293,103
ENVIRONMENTAL DETERMINATION:

This resolution is exempt from review under the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15378(b)(4); submitting an application for grant funding is not a project subject to CEQA to the extent that it is a funding activity that does not involve commitment to a particular project that will impact the environment. However, in accordance with Public Resources Code Section 21065, to the extent that the funds are committed to specific projects, the City’s commitment of those funds is not a project subject to CEQA because the funds will be used to subsidize operational expenses which will not impact the environment.

NOTICE PROVIDED:

All meeting noticing requirements were met. Notifications were sent to the Housing NotifyMe list for the City Council meeting on May 6, 2024. A public notice was published to announce the availability of the draft plan on the city website.

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CITY OF SAN MATEO
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The draft was open to a 30-day comment period from March 26, 2024 to April 25, 2024.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - PLHA Five-Year Plan Amendment
Att 3 - 2023 PLHA Formula Streamlined Application – Returning Applicants

STAFF CONTACT
Nicky Vu, Housing Specialist
[email protected]
(650) 522-7229

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5 CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

AUTHORIZING AN APPLICATION AND AMENDING THE FIVE-YEAR PLAN FOR

THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM (PLHA)
WHEREAS, the Department of Housing and Community Development (“Department”) is authorized to provide up to $296 million under the SB2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (“PLHA”) Program; and WHEREAS, the City of San Mateo (the “City” or “Applicant”) is an eligible local government that has applied for program funds to administer one or more eligible activities; and WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; and WHEREAS, the City has previously submitted to the Department an approved 5-Year PLHA Plan which was approved October 5, 2020 and amended on December 20, 2021 based upon the Year 1 (2019) grant of $341,894 with a resolution approved on July 20, 2020, and subsequently amended based on the Year 2 (2020) and Year 3 (2021) grants of $531,409 and $584,800 respectively, with a resolution approved on February 6, 2023; and
WHEREAS, the Department announced annual funding grants for Year 4 (2022) to the City in the substantially lower amount of $293,103, which will require the City to further amend the 5-Year PLHA Plan to allocate the available funding to new contracts.

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY finds and determines based on substantial evidence in the record, that:

1. The City Council approves a reapplication for PLHA Year 4 grant funding and the following amendments to the 5-Year Plan:
a. Revise the funding distribution between Activity 1 and Activity 6 for Year 4 (2022) from 10% and 85% to 20% and 75%, respectively.
b. Revise the PLHA 5-Year plan to include descriptions and implementation schedules of the new recipients of PLHA funding and to identify all the policies of the Housing Element with which the new programs of the PLHA plan are consistent.

2. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

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5 3. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA $2,051,364 in accordance with all applicable rules and laws.

4. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

5.Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

6.If applicable: Applicant certifies that it was delegated by the City of San Mateo to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

7.If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

8.If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

9.If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

10.If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

11.If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low- interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

12. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

13. The City Manager is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

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5 PASSED AND ADOPTED at a regular meeting of the City Council this 6 day of, May 2024, by the following vote:

AYES: ABSTENTIONS: NOES: ABSENT:

Signature of Approving Officer:

Lisa Diaz-Nash, Mayor
INSTRUCTION: The Attesting officer cannot be the person identified in the resolution as the authorized signor

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of Martin McTaggart does hereby attest and certify that the forgoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of San Mateo which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer
Martin McTaggart, City Clerk

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Business, Consumer Services and Housing Agency
Permanent Local Housing Allocation
(PLHA) Formula Allocation
5-Year Plan Amendment Form
State of California
Governor, Gavin Newsom
Melinda Grant, Undersecretary
Final Filing Date: June 30, 2027
at 4:00 P.M. PST
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent- local-housing-allocation
Email: [email protected]

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§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. No §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. No
§301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. No §301(a) Eligible activities are limited to the following: Select below:
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. Yes §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.

No
§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. No §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Yes
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. No §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. No File Name: Gov TIN Provide a signed Gov't TIN Form Uploaded to HCD? Yes File Name: Applicant Delegation
Agreement
Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 19, column AH) Uploaded to HCD? N/A File Name:

Application and/or Adopting the
PLHA Plan (2020-2023
Allocations) Reso
Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2020- 2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

Yes Uploaded to
HCD?
Zip Code: 94403
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? No §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300(c) and (d)?
A sample agreement can be
found by double clicking on
the icon to the right
N/A
Address: 330 W 20th Ave City: San Mateo State: CA
Zip Code: 94403
Contact Name: Nicky Vu Title: Housing Specialist Contact Email: nvu @cityofsanmateo.org Contact Phone: 650-522-7229 Address: 330 W 20th Ave City: San Mateo State: CA
County: San Mateo
Auth Rep Name: Alex Khojikian Title: City Manager Auth Rep.

Email: [email protected] Phone: 650-522-7002 City: San Mateo State: CA Zip: 94403
Yes
Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.

The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities.

If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the Activity will serve. Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation.

For each year (2020-2023), allocations must equal 100% annually including the allowable administrative costs of up to 5%. §300 Eligible Applicants
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non- entitlement local governments.

Applicant: City of San Mateo
Address: 330 W 20th Ave
2023 PLHA NOFA Formula Allocation Amount: 2023 NOFA Allowable Lo cal Admin (5%): Admin requested? Yes §301 Eligible Activities
PLHA Formula - Amendment for years 2020, 2021, 2022, 2023 Rev. 02/01/24 Eligible Applicant Type: Entitlement
Local Government Recipient of PLHA Formula Allocation: San Mateo 2022 PLHA NOFA Formula Allocation Amount: 2022 NOFA Allowable Lo cal Admin (5%): Admin requested? Yes 2021 PLHA NOFA Formula Allocation Amount: 2021 NOFA Allowable Lo cal Admin (5%): Admin requested? Document
PLHA Page 1 Formula Allocation Application

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§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

No
PLHA Page 2 Formula Allocation Application

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Issue # Program
Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date Organization: Email: Contact Phone:

Application Development Team (ADT) Support Form Rev. 02/01/24 Please complete the "yellow" cells in the form below and email a copy to: [email protected]. A member of the Application Development Team will respond to your request within ASAP.

Full Name: Date Requested: Application
Version Date:

PLHA Page 1 Application Support

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Final Filing Date: June 30, 2027
at 4:00 P.M. PST
Permanent Local Housing Allocation
(PLHA) Formula Allocation
Application Form for Previous Awardees
State of California
Governor, Gavin Newsom
Melinda Grant, Undersecretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 Email: [email protected]
Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent- local-housing-allocation

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X Executed Application
X Reuse Plan
Included
X Applicant Delegation
Agreement Legally binding agreement between Delegating and Administering Local Governments. N/A Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts, personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request."
Included?
Included
Included
§302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content.

PLHA webpage for Plan Adoption Resolution Document , located under the Forms tab.

Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Provide a copy of the signed application. Signature in blue ink preferred.

Included
X App1 TIN Provide a signed Gov't TIN Form
X Plan Adoption Reso
Threshold
Requireme
Urban County
Checklist
IncludedX
Application and Adopting the
PLHA Plan (2020-2023
Allocations) Reso
Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2020-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

Document DescriptionElectronic File Name
Instructions Rev. 02/01/24
When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros are enabled. Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac.

This NOFA will remain open to eligible applicants through June 30, 2027.

Applications must be submitted electronically to the Department’s HCD Portal Sign In website. To receive an award of CY 2020 funds, applicants are required to submit an application and demonstrate a fully compliant Housing Element and submittal of the applicable Annual Progress Report(s) no later than February 29, 2024.

All CY 2020 funds should be requested by June 30, 2024.

Threshold items are indicated in "blue" cells.

Sponsor must complete the following worksheets in the PLHA Formula Allocation Application.

Formula Allocation Application
"Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program. Cells in the worksheet shaded in "red" indicate that the Applicant has failed to meet the minimum required.

Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'save as' .xls or .xlsx.

Do not 'save as' .xlsm or .pdf format. For application errors please fill out the Application Support worksheet and email the entire workbook to Application Support for application errors at [email protected].

General Instructions (Additional instructions and guidance are given throughout the Formula Allocation Application in "red" text and in cell comments.

Guideline references are made with "§" and the corresponding guideline section number. "Yellow" cells are for Sponsor input. Failure to provide the required attachments and documentation may disqualify your application from consideration. An Applicant must submit a complete application and other documents consistent with the deadlines stated in this NOFA. Applications submitted in response to this NOFA must meet the threshold requirements set forth in this section and in PLHA Guidelines Section 302.

Required attachments are indicated in "orange" throughout the Streamline Application. Failure to provide the required attachments and documentation may disqualify your application from consideration. Electronically attached files must use the naming convention in the PLHA Application. For Example: "App1 Tin" or "Reuse Plan".

PLHA Page 1 Instructions & Checklist

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Yes
Yes
Yes
§302(c)(8) If a program income reuse plan was not submitted with the 2020 application, has Applicant attached a program income reuse plan describing how repaid loans and/or accrued interest will be reused for eligible activities specified in Section 301? File Name: Application and Plan Adoption
Reso
San Mateo
[email protected]
Auth Rep. Email: Phone:

File Name: Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301. Uploaded to HCD? Auth Rep Name:

Yes
Yes
§302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content.

PLHA webpage for Application and Plan Adoption Resolution Document Uploaded to HCD?
Contact Phone:

San MateoCity:

Yes
Zip Code:
650-522-7002
State:

Date
Certifications
Alex Khojikian
Authorized Representative Printed Name
City Manager
Title
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.

Signature
Local Government Formula Allocation Rev. 02/01/24
This streamlined application form is limited to Applicants who applied for and received an award from the 2020, 2021, and/or 2022 Formula Allocation NOFA.

Yes
CA Zip: 94403 San MateoState:
§302(c)(2) Applicant certifies that submission of the applicati on was authorized by the governing board of the Applicant.

Threshold Requirements
Title:
94403
§302(b) Applicant and Delegating Local Government have submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes Did Applicant receive an award from the 2020, 2021, and/or 2022 NOFA Formula Allocation? Title: Housing Specialist
State:

Contact Email:

City Manager
330 W 20th Ave
650-522-7229
CA
[email protected]
§300(e) Applicant does not have uncommitted PLHA funds greater than permitted by Section 300(e). Yes §503(b) Applicant has submitted the PLHA Annual Report by July 31 (if applying before July 31), or has submitted the PLHA Annual Report due by July 31 (if applying on or after July 31). Yes
Zip Code:
330 W 20th AveAddress:

Nicky Vu
CA
City: 94403
Yes
§302(a) Housing Element compliance: Applicant and Delegating Local Government's if applicable Housing Element was adopted by the Local Government’s governing body by the application submittal date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585.

San Mateo
Yes
Contact Name:

Address:

Which NOFA year(s) are you applying for with this application? 2023 Only $0
$0
$293,103
Allowable Local Admin (5%):

Allowable Local Admin (5%):

Allowable Local Admin (5%):

Admin requested?
Eligible Applicant Type: Entitlement
Local Government Recipient of PLHA Formula Allocation:

Admin requested?
Admin requested?2023 PLHA NOFA Formula Allocation Amount: $14,655.00 2022 PLHA NOFA Formula Allocation Amount:

Has Applicant received their 2022 NOFA funds?
$0.00
San Mateo
2021 PLHA NOFA Formula Allocation Amount: $0.00
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of San Mateo
Alex Khojikian
City:

Address:

County:

Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to another Local Government in its 2020 application, the Applicant (for which information is required below) continues to be the administering Local Government, which received the award. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.

Eligible Applicants §300
Yes Based on the requirements in guideline section 300(e), how much has the applicant committed? $584,800
330 W 20th Ave
PLHA Page 1 Formula Allocation Application

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Rev. 02/01/24
List the cities that are part of your Urban
County.

Are they opting
in to receive a
portion of the
PLHA award?
List the amount of the
allocation being applied for
that will be shared with this
city.

EXAMPLE: City of Trees Yes $20,000.00
If you are an Urban County, please complete the following table:

URBAN COUNTY

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Justification:

Issue # Program
Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date Organization: Email: Contact Phone:

Application Development Team (ADT) Support Form Rev. 02/01/24 Please complete the "yellow" cells in the form below and email a copy to: [email protected]. A member of the Application Development Team will respond to your request within ASAP.

Full Name: Date Requested: Application
Version Date:

PLHA Page 1 Application Support

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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: 6 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 24-8629 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 06, 2024
SUBJECT:

Downtown Parking Garage Safety Project – Agreement
RECOMMENDATION:

Approve an agreement with Golden Bay Construction, Inc. for the Downtown Parking Garage Safety Project in the amount of $380,439; establish a contingency reserve in the amount of $76,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

BACKGROUND:

The Downtown Parking Garage Safety Project (Project) includes the design of pedestrian safety improvements at the entrances and exits of the Central Parking Garage and Main Street Parking Garage. Pedestrian-friendly improvements include audible and visual pedestrian and vehicle warning devices, flexible delineators to provide physical separation between the drive aisle and walking paths, speed bumps, and updated pavement markings and traffic signs to address site- specific safety needs at each facility. The engineer’s estimate is $400,000.

The Project was advertised on March 5, 2024, and a total of three (3) bids were received and opened on April 2, 2024. The bids received are listed below in order of increasing bid amount.

Contractor Grand Total Bid Amount
BuildCorp, Inc. $326,700.00
Golden Bay Construction, Inc. $380,439.00
Tennyson Electric LLC. $589,125.00

BuildCorp, Inc., which submitted the lowest bid, was found nonresponsive because Bid Item No. 1 – Mobilization was listed at 12.2% of the total contract value, which is above the maximum 10% allowable set forth in the contract book. Therefore, BuildCorp, Inc. did not submit a bid that conformed to the contract book requirements and found nonresponsive. Staff then reviewed the second lowest bid, submitted by Golden Bay Construction, Inc. and determined that Golden Bay Construction, Inc. is the lowest responsible, responsive bidder, and recommends it be awarded the Agreement.

Given the limited information available on the existing electrical system in the two garages, there is a high likelihood that unforeseen issues will arise during construction. These unanticipated costs will need to be covered by the contingency reserve. Accordingly, staff recommends a 20% contingency to be established given the small size of the construction agreement and the possibility of significant unforeseen issues arising.

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CITY OF SAN MATEO
BUDGET IMPACT:

There are sufficient funds in the Downtown Parking Garage Ped Safety Project (#46F001) to fund this work in the amount of $380,439.00 and the contingency reserve of $76,000.00 for a total of $456,439.00.

ENVIRONMENTAL DETERMINATION:

This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315
Sydney Chow, Associate Engineer
[email protected]
(650) 522-7331

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AGREEMENT WITH GOLDEN BAY CONSTRUCTION, INC.

FOR PUBLIC IMPROVEMENT
FOR

DOWNTOWN PARKING GARAGE SAFETY PROJECT
CITY PROJECT NO. 46F001
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and Golden Bay Construction, Inc., a corporation, with offices at 3826 Depot Road, Hayward, CA 94545 (hereinafter called "Contractor"), entered into this day of ____________________.

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

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:

DOWNTOWN PARKING GARAGE SAFETY PROJECT
CITY PROJECT NO. 46F001

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of three hundred eighty thousand four hundred thirty-nine dollars ($380,439) in full payment for the work set forth above.

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

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions, Revised Standard Specifications dated April 16, 2021, and Contract Drawings, the State of California Standard Specifications 2018 Edition, the State of California Department of Transportation Standard Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

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

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

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

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

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

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

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

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employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.

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

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

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

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

10. Indemnity. Contractor 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 Contractor’s performance of this Agreement, except for those claims arising out of City’s active negligence, sole negligence or willful misconduct. Contractor agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The Contractor’s duty to indemnify shall survive expiration or early termination of this Agreement.

11. Attorney Fees. Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this 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 Agreement.

12. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation

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process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

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

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

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

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

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

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

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

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

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

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

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IN WITNESS WHEREOF, CITY OF SAN MATEO and GOLDEN BAY CONSTRUCTION, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Matt Fabry
Public Works Director
Date Johnny Zanette
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date

CITY OF SAN MATEO
Attachments:

Exhibit A: Insurance Requirements

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

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

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

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

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

4.Surety Bonds as described below.

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

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

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

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

1.The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf

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of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

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

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

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

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

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best rating of no less than A: VII, unless otherwise acceptable to the Entity.

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

Verification of Coverage

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Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

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

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

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 24-8642 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 06, 2024
SUBJECT:

Underground Flow Equalization System – Contingency Amendment RECOMMENDATION:

Approve an increase to the contingency reserve associated with the Anderson Pacific Engineering Construction, Inc. construction contract for the Underground Flow Equalization System (UFES) project in the amount of $771,000, for a revised total contingency reserve of $5,671,000; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The Clean Water Program includes various projects to improve the City of San Mateo’s sanitary sewer system to improve flow management and increase capacity to prevent sanitary sewer overflows. Included in the Basins 2 and 3 project is the Underground Flow Equalization (UFES) project (Project), which consists of construction of a 5.3-million-gallon underground concrete wastewater holding structure beneath the San Mateo County Event Center’s parking lot and new sewers along Delaware Street and Saratoga Drive. Wet weather flows are designed to be conveyed toward UFES for temporary storage until the storm event is over and thus help prevent sanitary system overflows.

On May 4, 2020, Council awarded the UFES construction contract to Anderson Pacific Engineering Construction, Inc. (APEC) in the amount of $55,277,330; established a contingency reserve of $4,500,000; and authorized the Public Works Director to execute the agreement and issue change orders within the contingency amount. The contingency reserve was established to address and mitigate potential unknowns that may arise during construction and was approximately 8.14% of the agreement value.

On August 16, 2021, City Council approved Contract Change Order No. 4 to the UFES construction contract in the amount of $3,877,875 adding construction of approximately 745 linear feet of new 30-inch sewer on Delaware Street between 25th and 28th Avenues to connect the southern end of the original UFES construction contract scope to the northern end of the Delaware Relief Sewer construction package. Council also approved an increase to the contingency reserve in the amount of $400,000, to bring the total contingency reserve to $4,900,000. To date, approximately $4.68 million of the approved contingency has been utilized to issue necessary negotiated change orders for the Project. A summary of the executed contract change orders is included in Attachment 1.

The Project is nearing substantial completion and full beneficial use and operation by the City. However, the Project has encountered challenges during construction that resulted in additional work, including modifications to mechanical, electrical, and civil related construction activities that are required to achieve final completion of the Project. These additions will require contract change orders that will exceed the remaining contingency balance of $223,414. Staff is currently evaluating and negotiating the change order proposals submitted by APEC to complete the additional scope.

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To mitigate risks associated with potential delays in completing the remainder of the work and to provide flexibility for staff to negotiate and execute contract change orders in a timely manner, staff recommends increasing the contingency reserve by an additional $771,000 for a total contingency reserve of $5,671,000. This proposed $5,671,000 total contingency is still within the typical industry guideline of establishing a contingency that is approximately 10% of the construction contract amount.

BUDGET IMPACT:

Funding for this additional contingency amount is available within the Basins 2 & 3 Collection System Improvements (46s003) project.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Contract Change Order Summary

STAFF CONTACT
Tom Williams, Senior Engineer
[email protected]
(650) 522-7307
Deryk Daquigan, Deputy Public Works Director
[email protected]
(650) 522-7287

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Att 1 - Underground Flow Equalization System - Anderson Pacific - Contract Change Order Summary (as of 04/04/2024) Table 1. Contract Change Orders that Utilized Contengecy Reserve CCO ID Execution
Date
Price Details of Change
1 1/4/2021 $3,645.41 Addition of 9 Sensors to the tipping buckets 2 6/2/2021 $19,250.14 Additional temporary traffic control measures for the Event Center 3 7/20/2021 ($52,338.58) Additional actuator support beams for the Northern Diversion Structure and Credit for reduced dewatering, 5 9/23/2021 $45,466.22 Additional Electrical Breaker and installation of Baker tank 6 9/23/2021 $497,875.00 Addressing of Pipe buoyancy issues and unusual soil conditions during microtunneling 7 3/2/2022 $547,128.70 Additional manhole shoring, excavation and backfilling to avoid onsite utility conflicts at Delaware / 25th Ave. 8 5/16/2022 $264,129.00 Additional electrical upgrades, 20 ft of Microtunneling on Delaware and construction of additional Manhole and other minor changes
9 8/23/2022 $105,335.07 HVAC Equipment and Controls Modification, additional manhole installation 10 1/4/2023 $219,092.24 Differing subsurface site conditions, additional Level Sensor installation, additional CIPP lining, additional treated soil cost and other changes
11 1/4/2023 $1,044,154.39 Differring subsurface site conditions and additional Stormwater Bypass System 12 5/18/2023 $289,825.80 Additional work associated with foul air vent, additional combination air release valve and CIPP Price Escalation cost
13 5/31/2023 $125,739.67 Extension of Fiber Optic Conduit on 28th Ave 14 7/27/2023 $250,000.00 Additional Station 1 Landscaping restoration 15 8/24/2023 $95,140.97 Additional Force Main Re-routing and inspection and CCTV, resoration of fence and other changes 16 11/8/2023 $134,410.35 Additional Slide Gate Conduit and FRP Duct Support Hardware, Pump Rental 17 1/2/2024 $152,027.34 Traffic Signal Conduit Restoration and Rerouting 18 3/4/2024 $773,380.04 Additional porous concrete paving, additional Equipment Training, additional tree removal and disposal, and other changes
19 3/6/2024 $162,324.09 Additional excavation and other costs due to differing subsurface site conditions Total $4,676,585.85
Table 2. Contract and Change Orders that Did Not Utilize Contengecy Reserve CCO ID Execution
Date
Price Details of Change
Original Contract $55,277,330.00 UFES Construction contract CCO 4 8/18/2021 $3,877,875 Scope addition from Delaware Street Relief Sewer project Total $59,155,205.00 Revised UFES Construction contract

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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: 21-4678 File ID: 24-8556-01 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: May 6, 2024
SUBJECT:

Citywide Small Trash Capture Project – Agreement
RECOMMENDATION:

Approve an agreement with United Storm Water, Inc. for the Citywide Small Trash Capture Project in the amount of $697,277; establish a contingency reserve in the amount of $105,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

BACKGROUND:

The San Francisco Bay Regional Water Quality Control Board (Regional Board) has mandated the City of San Mateo (City) to reduce trash discharged to the San Francisco Bay through the City’s storm drain system based on a 2009 baseline trash generation rate. The permit requires a 100% reduction rate, relative to the 2009 baseline values, by June 30, 2025.

To date, the City has achieved approximately 87% reduction through the following methods: existing trash capture devices, source control measures, creek and shoreline cleanups, street sweeping, and other control mechanisms. The credits for jurisdiction-wide source control efforts and creek and shoreline cleanups will no longer count toward compliance after June 30, 2025. In order to ensure the City achieves the 100% trash reduction mandate by June 30, 2025, the City must install additional trash capture devices in strategic trash generation areas throughout the City. Non- compliance with trash reduction targets can result in enforcement actions or fines from the Regional Board, or other exposures.

The Citywide Small Trash Capture Project (Project) is designed to satisfy Regional Board requirements, bringing the City closer to the required 100% reduction by installing approximately 450 small trash capture inlet devices at strategic trash generation areas throughout San Mateo.

The Project was advertised on February 8, 2024, and a total of six (6) bids were received and opened on March 7, 2024.

The bids received are listed below in order of increasing bid amount.

Company Name Total Bid Amount
United Storm Water Inc. $697,277.00
GSW Construction $830,020.00
ETIC $987,449.38
Cazadoro Construction $1,206,600.00
Golden Bay Construction $1,283,426.00
Ghilotti Bros $1,329,000.00

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The engineer’s estimate is $1,470,000. Staff reviewed the bids and determined that United Storm Water Inc. is the lowest responsive, responsible bidder and recommends for it be awarded the construction contract. Staff is requesting a larger contingency amount of 15% to cover potential unexpected storm drainage system site conditions given the volume of devices to be installed Citywide. In addition, staff may need to make minor modifications or replace existing storm drain inlets at some locations to allow installation of the small trash capture devices.

BUDGET IMPACT:

There are sufficient funds in Project #46C001 to fund this work in the amount of $697,277.00 and the contingency reserve of $105,000.00 for a total of $802,277.00.

ENVIRONMENTAL DETERMINATION:

This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

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

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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 File ID: 24-8674 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: May 6, 2024
SUBJECT:

Community Development Block Grant 2024-25 Annual Action Plan – Adoption RECOMMENDATION:

Adopt the 2024-25 Annual Action Plan for the Community Development Block Grant program.

BACKGROUND:

The Community Development Block Grant (CDBG) Program provides flexible funding for community development projects and programs to assist individuals and families from extremely low- to moderate-income households as defined by the Department of Housing and Urban Development (HUD). The City receives an entitlement grant based on a national formula and has participated in this program since 1977.

The City also received an entitlement amount of HOME Investment Partnerships Program (HOME) funds from 1994 to 2015 that was used to assist housing programs and projects for very low-income households. In 2016, the City joined a consortium with the County of San Mateo and the City of South San Francisco to pool HOME funds to provide more efficiency and timeliness in expending those funds. The City continues to collect loan payments from loans made prior to 2015 and must re- program those funds into HOME-eligible projects. 2024-25 Annual Action Plan
The Annual Action Plan, which is included as Attachment 1, outlines the City’s budget for the coming program year with details of the programs and projects that will be undertaken to address the needs identified in the Consolidated Plan. The Consolidated Plan is the Five-Year Plan which outline’s The City’s long-term needs low-income households face and the goals which they aim to address with HUD funding. The City has not yet received an award letter from HUD detailing the exact amount of funding it will receive for the coming year. However, the CDBG grant is estimated to be $740,000 for the 2024-25 program year using past year averages. The following budget was drawn based upon this estimate and will be adjusted slightly. The remaining funds for the budget will come from program income ($8,000) and unspent funds that have carried over from the prior year ($142,000). The program income is generated by repayment on housing rehabilitation loans and there was a significant carryover from the prior year because of funds which have remain unspent in various contracts over the years which will now be repurposed into a street lighting project. The annual plan also includes programs to address affordable housing and other community needs. The major CDBG activities for the upcoming year are:
• Administration – A maximum of 20% of the CDBG grant is eligible for administrative costs ($105,000). Funds will mainly be used to cover City staff salaries who administer the grant, plus material and service costs. Also included in this category is one grant to Project Sentinel for the provision of fair housing services in the amount of $25,000. • Community Funding – The cap for public services is 15% of the grant and prior year program income ($111,000). At

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the February 21, 2024 meeting, the Community Relations Commission (CRC) identified eight non-profit agencies to receive public services funding to meet priority needs. Each non-profit agency will be granted $13,800 annually over a two-year period. Additional information about the eight non-profit agencies and their public service program(s) is included on pages 47 - 48 of the Annual Action Plan.
• Economic Development – The City will fund two grants for microenterprises assistance ($80,000). The two subrecipients, Renaissance and Upwards will each receive a grant for $40,000 for general microbusiness assistance and childcare microbusiness assistance respectively.
• Minor Home Repair – The City will fund two providers for home repair, energy upgrades, and accessibility modifications to eligible households ($127,000). Rebuilding Together Peninsula and Center for Independence for Individuals with Disabilities will each receive grants to perform general home rehabilitation and accessibility rehabilitation respectively.
• Street Improvement Project – The Department of Public Works will manage this project, prioritizing sidewalk repair and pedestrian improvements located in the CDBG Priority Target Area, consisting of the North Shoreview and North Central neighborhoods ($467,000).

While the City does not directly manage HOME funds, for the purposes of the Annual Action Plan, the City tracks progress towards meeting its housing and Affirmatively Furthering Fair Housing (AFFH) goals through annual HOME activities undertaken by the County of San Mateo. HOME funds have been primarily used for the predevelopment and development of new construction of affordable housing. Progress will be reported on annually through the Consolidated Annual Performance Evaluation Report (CAPER) which is submitted to HUD each September.

BUDGET IMPACT:

The following CDBG budget is in the 2024-25 Annual Action Plan, as well as incorporated into the City’s annual budget.

CDBG Revenues CDBG Expenditures
Administration

$105,000 Entitlement $740,000
(estimate)
Community Funding

$111,000
Program Income

$8,000 Economic Development $80,000
Minor Home Repair

$127,000 Prior Year Carryover $142,000
Street Improvement

$467,000
TOTAL Revenues ~$890,000 TOTAL Expenditures

$890,000
Final expenditures will be updated into the final draft of the Annual Action Plan when HUD releases the exact CDBG allocation.

ENVIRONMENTAL DETERMINATION:

Adoption of this plan 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. In addition, per the Community Participation Plan, a public hearing and comment periods are required. Public notice of the draft Annual Plan was published in the San Mateo Daily Journal on March 21, 2024, starting the 30-day public comment period through April 25, 2024.

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ATTACHMENTS
Att 1 - 2024-2025 Annual Action Plan

STAFF CONTACT
Nicky Vu, Housing Specialist II
[email protected]
(650) 522-7229

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2024
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6 CITY OF SAN MATEO
2024-2025 DRAFT

ANNUAL ACTION PLAN
PREPARED BY:

COMMUNITY DEVELOPMENT DEPARTMENT

NEIGHBORHOOD IMPROVEMENT & HOUSING DIVISION
330 W. 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7220

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2024
OMB Control No: 2506-0117 (exp. 09/30/2021)
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6 Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)

1. Introduction
The Annual Action Plan (Annual Plan) is required of the City of San Mateo by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal Community Development Block Grant (CDBG) funds. The City's Annual Plan for fiscal year 2024-25 is the second year of the multi- year 2023-28 Consolidated Plan. The Annual Plan outlines needs and develops strategies to address priority needs of low- and moderate-income populations in San Mateo.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City's Consolidated Plan identifies the following needs and has developed goals and activities that further HUD's program goals.

Need: Affordable Housing
Goal: The city of San Mateo, along with San Mateo County and the greater Bay Area region, continue to have a significant need for more affordable housing. To address this need, the City will continue to make efforts to increase, maintain, and improve the supply of affordable housing for low- and moderate- income families.

Activities: The City will use CDBG and other local funding sources for new construction, acquisition, and/or rehabilitation of affordable housing units throughout the city. Additionally, the City will use its resources to preserve, repair, and maintain its existing housing stock to address health and safety issues, as well as make units more accessible, weatherized, sustainable, and energy efficient. The City will also continue to administer its First Time Homebuyer program and existing below-market housing rental and ownership units.

Need: Public Facilities Improvements

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6 Goal: Through the community engagement process, San Mateo residents and stakeholders articulated a continued need for improvements to public facilities in the city, primarily those located in areas with a high percentage of low- and moderate-income families. Residents and stakeholders also spoke to the need for public facilities improvements to better serve the needs of special needs populations, such as youth and seniors.

Activities: The City will use its CDBG funds, when feasible, to preserve, improve, and/or rehabilitate facilities used by non-profit agencies for the provision of public services, as well as City-owned community facilities, such as parks and recreation centers.

Need: Public Services
Goal: The continued provision of public services was identified through the community engagement process as a critical need in San Mateo and throughout the county. As such, the City will continue providing services to improve the quality of life for low- and moderate-income families and individuals, including those at risk of experiencing homelessness and special needs populations.

Activities: The City will continue allocating 15% of its entitlement and up to 15% of its previous year’s program income from the City’s Community funding program, as allowed by CDBG regulations.

Collectively, these funds will be granted to non-profit organizations for the provision of public services to low- and moderate-income city residents. Additional funding will also be provided to assist microbusinesses. These funds will be granted to non-profit agencies for provision of public services to individuals and businesses.

Need: Community Development
Goal: Residents and stakeholders through the community engagement process articulated a significant need for infrastructure improvements in areas with high concentrations of low- and moderate-income households
Activities: The City will direct infrastructure improvements to its CDBG Priority Neighborhood. The City will utilize its CDBG funding for capital projects that include, but are not limited to, repairing deteriorating streets, improving accessibility and safety of streets and sidewalks, constructing accessible curb ramps, and other general public safety improvements. The Department of Public Works will manage projects.

Need: Affirmatively Further Fair Housing
Goal: As part of its 2023-31 Housing Element update, the City conducted an assessment of fair housing to understand fair housing issues and contributing factors that inhibit housing choice and access to opportunity in San Mateo. The City has incorporated its Affirmatively Furthering Fair Housing (AFFH) goals into its 2023-27 Consolidated Plan to ensure a holistic approach to achieving goals in both plans.

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6 Activities: The City will allocate funds to non-profit organizations that provide fair housing services to city residents. The City will also work towards the goals from the Assessment of Fair Housing.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City recognizes the ongoing needs of the San Mateo community and continues to fund core service needs. All of the Community Funding programs have met or exceeded their goals for service, showing an ongoing need for the services they are providing the community. The cost of housing continues to be extremely high in San Mateo and as a result many of the activities focus on services related to housing.

The City's Minor Home Repair programs have been slower to meet their goals, but all organizations and City staff agree that there is a great need for their services. One concern from the sub grantees is that the rising costs of doing projects have made it difficult to find and complete enough home repairs to stay on track of meeting goals.

For the 2024-2025 fiscal year the City will allocate an additional $467,000 for Street and Sidewalk Reconstruction activities. The City’s Public Works Department adopted a Bike Master Plan, which identifies priorities that will be carried out with the CDBG Street and Sidewalk Reconstruction Projects in the CDBG Target Areas. Based on input from both community members, City Council and Public Works department, there is demonstrated ongoing need for this type of funding.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

A Community Needs Assessment meeting was held in September 2023 by the Community Resources Commission (CRC), Outreach included notices to both social service providers and resident, inclusion in City E-newsletter, and posted on the City website. Feedback from this meeting was used to guide the development of the draft 2024-2025 Annual Action Plan, which was presented to the CRC once again in March 2024 for review and later to the City Council in May 2024 for final approval.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Consolidated Plan.

Public comments were received by the City prior and during a public meeting for the Community Relations Commission (CRC). The meeting was held in-person and virtually on September 13, 2023.

Comments from citizen stakeholders described their concerns over rising cost of renting, lack of

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6 affordable housing, and need for more pedestrian infrastructure. At the February 21, 2024 meeting of the CRC, approximately 20 community based non-profits met again to present on the growing gaps in funding that they hope to use CDBG funding for in preparation of the 2024-2025 draft Annual Plan. At the March 20, 2024 meeting of the CRC, the draft plan was recommended for approval. The plan was adopted on May 6, 2024 during a City Council meeting as staff did not receive any outstanding public comments.

6. Summary of comments or views not accepted and the reasons for not accepting them There weren't any community comments or views that were not considered for this year.

7. Summary
The City's 2024-25 Annual Plan has been developed based on the City's service priority needs as well as the goals set forth in the 2023-28 Consolidated Plan.

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6 PR-05 Lead & Responsible Agencies - 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator SAN MATEO Community Development Department HOME Administrator SAN MATEO Community Development Department Table 1 – Responsible Agencies
Narrative
Consolidated Plan Public Contact Information
City of San Mateo
Neighborhood Improvement and Housing Division
330 W. 20th Ave
San Mateo, CA 94403
Phone: (650) 522-7223
Email: [email protected]

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6 AP-10 Consultation - 91.100, 91.200(b), 91.215(l)

1. Introduction
The City consulted with many different stakeholders in developing this Annual Action Plan. Meetings were held internally with the Department of Public Works regarding prioritizing street reconstruction and pedestrian safety projects. Non-profit partners from the area were invited to Community Needs Assessment workshops and Community Relations Commission meetings.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)).

Throughout the Annual Action Plan period, the City will maintain its relationships with organizations that serve the public, especially low- and moderate-income residents. Efforts will include:
•Working with other entitlement jurisdictions in San Mateo County to coordinate and streamline the CDBG process
•Working with non-profit social service providers, the County of San Mateo, other entitlement jurisdictions, and other stakeholders to coordinate the provision of needed services in the community
•Providing funds through the community funding program to non-profit service providers •Working with non-profit organizations, private developers, and the County of San Mateo to build and maintain affordable housing
Working with the Continuum of Care, Homeless Outreach Team, and non-profit service providers to coordinate homeless services.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Continuum of Care (COC) guides the implementation of the county's housing and service system to meet the needs of homeless individuals and families. The City of San Mateo participates in COC meetings and monitors decision-making to better understand latest trends in homeless outreach. The COC coordinates the following activities:
•System planning (identifying gaps, developing strategies to fill gaps, responding to emerging best practices, etc.)
•Setting funding priorities for Emergency Solutions Grant and COC funds •Assessing system performance and making system redesigns as needed

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6 •Coordinating with other planning entities such as the Community Action Agency •Undertakes a wide range of efforts to meet the needs of homeless individuals and families Chronically Homeless: COC has created a multi-disciplinary, bilingual, Homeless Outreach Team (HOT) to conduct intensive outreach and engagement with unsheltered and chronically homeless individuals and families located throughout the County, with specialized HOT teams in the cities of San Mateo, Redwood City, South San Francisco, Half Moon Bay, Pacifica, and East Palo Alto.

Families with children: To reduce the number of unsheltered families, the COC has developed a rapid re- housing program. The San Mateo County Human Services Agency has provided funding for a motel voucher program to assist families with children that are waiting to access shelter.

Veterans: Needs include housing and assistance for homeless, employment and education services, and improved and increased liaisons with the Veterans Benefits Administration.

Youth: Currently, HUD COC funds are provided to the San Mateo County Mental Health Association to operate its Support and Advocacy for Young Adults in Transition Program, which provides case management and housing search/stabilization services to homeless youth. The San Mateo County Housing Authority administers the Family Unification Program vouchers.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of San Mateo does not receive Emergency Solutions Grant (ESG) funding, as the San Mateo County Department of Housing (DOH) is the sole recipient in the county. However, the City does participate in COC meetings as part of its ongoing responsibility in receiving HUD funding. DOH coordinates closely with the COC in regards to the County's ESG, COC, and CDBG funding and is represented on the COC Steering Committee. DOH has also delegated responsibility for management of all ESG funds, plus the portion of the County CDBG funds used for homeless activities, to the COC Lead Agency, and the San Mateo County Human Services Agency (HSA). Management responsibilities include issuing requests for proposals for ESG funding, awarding contracts, gathering community input, data analysis, and contract monitoring. The COC Lead Agency is also the Homeless Management Information System (HMIS) Lead Agency and develops the policies and procedures for operation and administration of HMIS for ESG funded projects.

2. Agencies, groups, organizations and others who participated in the process and consultations

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6 Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization City of San Mateo
Agency/Group/Organization Type Agency - Managing Flood Prone Areas Agency - Management of Public Land or Water Resources
Agency - Emergency Management
Other government - Local
Grantee Department
What section of the Plan was addressed by
Consultation?
Infrastructure
1 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
The Department of Public Works was consulted for prioritization of funds for community development projects. Pedestrian safety and street reconstruction are priorities in the neighborhood. City Council has asked PW to prioritize implementation of its bike master plan. The Public Works department is responsible for overseeing public land, water resources, and flood plain area management. The Fire Department coordinates the annual review of the City's local hazard mitigation plan.

Agency/Group/Organization Peninsula Family Services
Agency/Group/Organization Type Services-Persons with Disabilities Services-Elderly Persons
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
2 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from Peninsula Family Services spoke at the September 13, 2023 Community Relations Commission meeting about the growing older adult community in San Mateo. They spoke about the need for more mental health services for seniors and their new initiative for loneliness prevention.

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6 Agency/Group/Organization Friends for Youth
Agency/Group/Organization Type Services-Youth
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
3 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative spoke on behalf of Friends for Youth at the September 13, 2023 and February 21, 2024 Community Relations Commission meetings. They reported that the need for emotional and social learning in disadvantaged children is growing. They have seen an increase in waitlist time for group sessions and an increase in children experiencing mental illness.

Agency/Group/Organization HIP Housing
Agency/Group/Organization Type Housing
Services - Housing
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
4 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from HIP Housing attended the Community Relations Commission meeting on February 21, 2024 to provide input on housing needs within the community and to provide updates to their housing programs, which includes the Home Sharing program and two others. They have also made the Self Sufficiency program that provides rental assistance and case management to low- income parents and transition-aged foster youth and the Housing Readiness Program that provides case management to extremely-low income seniors that need assistance navigating the complex housing system.

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6 Agency/Group/Organization PROJECT SENTINEL
Agency/Group/Organization Type Services - Housing
Service-Fair Housing
Regional organization
Neighborhood Organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
5 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from Project Sentinel spoke at the February 21, 2024 Community Relations Commission regular meeting about the increasing need for fair housing services and conflict resolution services to combat housing discrimination. They continue to work to affirmatively further fair housing practices through information referral and consultation. Last year they hosted the Fair Housing Symposium in Redwood City. They hope to continue protecting civil rights through access to housing.

Agency/Group/Organization Rape Trauma Services
Agency/Group/Organization Type Services-Children
Services - Victims
Regional organization
What section of the Plan was addressed by
Consultation?
Basic Human Needs
6 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from Rape Trauma Services spoke at the February 21, 2024 CRC meeting to speak about the importance of housing stability is to those who have experienced sexual abuse. Most clients seen by the center are children and low- income, which may lead them to face homelessness. They currently face budget cuts that may hinder their ability to continue providing services.

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6 Agency/Group/Organization Legal Aid Society of San Mateo County Agency/Group/Organization Type Services - Housing
Service-Fair Housing
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
7 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from the Legal Aid Society of San Mateo spoke at the February 21, 2024 Community Relations Commission meeting about the great difficulty low income residents face when trying to find legal representation during unlawful evictions. The majority of cases seen are related to non-payment of rent. They are starting up their own rental assistance program.

Agency/Group/Organization CALL Primrose
Agency/Group/Organization Type Regional organization
What section of the Plan was addressed by
Consultation?
Basic Human Needs
8 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from CALLPrimrose spoke at the February 21, 2024 CRC meeting to describe the rise of new families receiving food assistance in their local grocery pantry. More than half of their clients reside in the City of San Mateo. They have implemented a new choice-based distribution model.

Agency/Group/Organization Ombudsman Services of San Mateo County Agency/Group/Organization Type Services-Elderly Persons Service-Fair Housing
Regional organization
9 What section of the Plan was addressed by
Consultation?
Housing Need Assessment

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6 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from Ombudsman spoke at the February 21, 2024 Community Relations Commission meeting. They investigate elder abuse compliants. The average client is over the age of 65 with some having disabilities. There is currently a shortage of care staff in many facilities and issues are becoming more complicated.

Agency/Group/Organization LifeMoves
Agency/Group/Organization Type Services-homeless
Regional organization
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
10 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from LifeMoves spoke at the February 21, 2024 CRC meeting to report on the First Step for Families Shelter and rapid rehousing program. The number of sites for interim housing and related services continue to expand with the increased need. Most of theirs clients who go through their program obtain stable housing. There is an increased need for families to have stable housing, more than just individuals.

Agency/Group/Organization Samaritan House
Agency/Group/Organization Type Services - Housing
Services-homeless
Services-Health
Regional organization
Food, clothing
11 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Basic Human Needs

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6 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from Samaritan House described at the September 13, 2023 and February 21, 2024 CRC meetings the exponentially increased demand of CORE services: food, clothing, shelter for San Mateo County. Homelessness prevention services have been added through financial assistance for housing costs. Youth services exist through the clothing and backpack distribution. They now operate three homeless shelters. They also provide a food pharmacy in their free clinic.

Inflation has created a growing need for the most basic of services.

Agency/Group/Organization RENAISSANCE ENTREPRENEURSHIP CENTER/START-UP Agency/Group/Organization Type Services-Employment
Regional organization
What section of the Plan was addressed by
Consultation?
Economic Development
12 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes
of the consultation or areas for improved
coordination?
A representative from the Renaissance Entrepreneurship Center spoke at the February 21, 2024 Community Relations Commission regular meeting. Micro business assistance and technical training in San Mateo County. Small businesses have needed additional support emerging from pandemic conditions where many are operating with a lack of starting capital. They want to try using CDBG money to expand their scope of services.

Identify any Agency Types not consulted and provide rationale for not consulting Despite outreach to an extensive stakeholder list, the agencies who provide the following services did not provide the City with consultation:
•Services - Broadband Internet Service Providers
•Services - Narrowing the Digital Divide
•Services-Persons with HIV/AIDS
•Services-Victims of Domestic Violence

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6 •Despite the lack of response, several of these needs are addressed by grants awarded to public service agencies in the community funding program.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of
Care
San Mateo County
Human Services
Agency
The City has identified the core service needs of Basic Human Needs and Preserving or Providing Affordable Housing, both of which support homelessness programming.

Housing
Element City of San Mateo
The Housing Element documents the housing needs in San Mateo and includes the programs and policies to address its Four Goals: Maintain the quality and character of residential neighborhoods; Provide a diversity of housing types, responsive to household size, income and age needs; Ensure that all new housing is developed or remodeled in a sustainable manner; Encourage conservation improvements and measures to the existing housing stock.

Local Hazard
Mitigation Plan
City of San Mateo -
Fire
The plan focuses on the protection of the community from risks associated with disaster. Included are goals to protect community, housing stock, and economic resources. This plan overlaps with the Consolidated Plan as it identifies social vulnerability of low-income households to disasters.

Table 3 - Other local / regional / federal planning efforts Narrative

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AP-12 Participation - 91.401, 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City of San Mateo followed guidelines specified in its Community Participation Plan, engaging as many stakeholders as possible in setting goals and prioritizing the community's needs for the Annual Action Plan. The following actions were taken:
•August 28, 2023 - Sent notification via email to the listserv of community members signed up for Community Relations Commission events
•August 28, 2023 - Email to non-profit partners, neighborhood associations, and other community stakeholders with event information with promotional flyer
•August 28, 2023 - Newspaper ad with meeting notification •September 13, 2023 - Regular meeting of the Community Relations Commission for the Needs Assessment •February 21, 2024 – Regular meeting of the Community Relations Commission to score applicants for the CDBG Community Funding program
•March 20, 2024 - City Web posting, and email notification of draft Annual Plan •March 20, 2024 - Email to non-profit partners, neighborhood associations, and other community stakeholders with event information, sent notification via email to the listserv of community members signed up for Community Relations Commission events •March 21, 2024 - Newspaper Ad
•April 17, 2024 - Special meeting of Community Relations Commission, hearing for the draft Annual Plan •May 6, 2024 – Regular meeting of the City Council, approval of Annual Plan for submission to HUD

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Citizen Participation Outreach
Sort Or
der
Mode of Outr
each
Target of Outr
each
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
1 Promotional
Flyer
Non-
targeted/broa
d community
August 28, 2023.

Shared
promotional
flyer in English
and Spanish via
email.

No comments
were received. n/a
2 Newspaper
Ad
Non-
targeted/broa
d community
August 28, 2023.

Ad posted in San
Mateo Daily
Journal to
announce the
Community
Needs Hearing
at the
Community
Relations
Commission
meeting. The ad
also announced
a public
comment
period.

No comments
were received. n/a

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Sort Or
der
Mode of Outr
each
Target of Outr
each
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
3 Public
Meeting
Non-
targeted/broa
d community
September 13,
2023. Several
members of the
community,
representatives
from local non-
profits, and
other
stakeholders
were in
attendance for
the special
meeting of the
Community
Relations
Commission. A
summary of
community
member
comments is
included here,
and comments
from other
stakeholders is
included in the
consultation
section of the
plan.

A community
member
provided
comments on
the growing
need for
affordable
housing as well
as special
needs for
historically
disadvantaged
communities.
n/a

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der
Mode of Outr
each
Target of Outr
each
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
4 Internet
Outreach
Non-
targeted/broa
d community
August 28, 2023;
March 20, 2024.

Emails sent out
to the
Community
Relations
Commission
interest list
announcing the
meetings.

No comments
received. n/a https://www.cityofsanmateo.org/3988/
Community-Conversations
5 Newspaper
Ad
Non-
targeted/broa
d community
March 21, 2024.

Ad posted in San
Mateo Daily
Journal to
announce the
Draft Action Plan
at the
Community
Relations
Commission
meeting. The ad
also announced
a public
comment
period.

No comments
received. n/a

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der
Mode of Outr
each
Target of Outr
each
Summary of
response/atten
dance
Summary of
comments rec
eived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
6 Public
Meeting
Non-
targeted/broa
d community
April 17, 2024.

Special meeting
of Community
Relations
Commission,
hearing for the
draft Annual
Plan.

No comments
received. n/a
7 Public
Meeting
Non-
targeted/broa
d community
May 6, 2024.

Regular meeting
of the City
Council,
approval of
Annual Plan for
submission to
HUD.

No comments
received n/a
Table 4 – Citizen Participation Outreach

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Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
Anticipated resources from CDBG include the estimated 2024 entitlement grant of $740,000. Unless waived by HUD, CDBG pre-award costs for FY 2024-2025 will not exceed 25% of the grant and will be used for the CDBG eligible activities as indicated above. Should the HUD grant be different than the estimate, the Community Funding program will be adjusted to remain below 15% of the grant plus program income, and the balance will go into the Street work Repairs project.

CDBG CONTINGENCY LANGUAGE
If the City receives more than what is estimated above:
•15% of the extra funding will go towards Public Service Activities. Priority will be given to those agencies that can assist the most people/households with the extra funding.
•20% of the extra funding will go towards administration costs. •The remaining balance will go towards the Street and Sidewalk Improvements Program.

If the City receives less what is estimated above:
•Funding for Public Service Activities shall be reduced proportionately (unless agreed upon by the City and agency) in order to keep funding for public service agencies below 15% of the allocation plus 15% of prior year program income. •Funding for Administration shall be reduced so as to keep the funding under 20% of the allocation plus the estimated program income for FY24/25.
•The remaining reduction will go to reduce the Street and Sidewalk Improvements Program.

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Anticipated Resources
Expected Amount Available Year 1Program Source
of Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 740,000 8,000 142,000 890,000 890,000
Annual Allocation includes estimated
CDBG 2024 entitlement of $740,000.

Other public -
federal
Acquisition
Other 0 50,000 50,000 100,000 300,000
Accumulation of HOME Loan payments
collected from previous contract
agreements.

Other public -
local
Housing
2,000,000 0 2,000,000 4,000,000 6,000,000
Local funds from commercial linkage fee,
and annual 20% of tax increment
(boomerang funds) and loan repayments
from former Redevelopment Agency.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City receives direct entitlement funds from Federal CDBG Program that are used to address identified needs. The City is also part of the San Mateo County HOME Consortium; HOME funds formerly granted directly to the City are now combined with the County of San Mateo and the

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City of South San Francisco in order to use the funds more efficiently. The City also receives HOME loan repayments from projects assisted with HOME funds provided prior to joining the consortium in 2015.

The City manages a varied portfolio of housing loans from several programs including Housing Rehabilitation and First Time Homebuyer programs as well as developer loans for new construction or acquisition/rehabilitation projects. Program income from this portfolio augments the CDBG and HOME funds as well as now defunct programs such as Redevelopment and former CalHOME owner rehab loan program. Loan repayments from loans funded with former Redevelopment funds are deposited in the Low Mod Housing Asset Fund to be used for future affordable housing programs. The City also sets aside the equivalent of 20% of the property tax increment attributed to the former Redevelopment areas for housing, known as “boomerang funds”. The City collects subordination processing fees and fractional unit fees associated with its Below Market Rate Program in its City Housing Fund, which is typically used to assist regional housing initiatives that are outside of the San Mateo’s city limits.

The City Council adopted a commercial linkage fee ordinance which became effective on November 5, 2016. New commercial projects with square footage in excess of 5,000 square feet pay a fee to mitigate the impact of new jobs on local housing supply.

The City also receives an annual allocation of the State Permanent Local Housing Allocation (PHLA) as provided by the Building Homes and Jobs Act to increase the supply of affordable housing. The City received $293,000 for the 2023 allocation of PLHA. There are a number of new State programs that City will watch and apply for as they become available including Local Early Action Planning grants to support planning efforts to increase the supply of housing, as well as the Local Housing Trust Fund Program. The City also tracks and supports legislation that promotes and increases resources for affordable housing.

Section 8 funds are provided to San Mateo residents through the San Mateo County Housing Authority. McKinney-Vento Homeless Assistance Act funds are managed by the San Mateo County Human Services Agency as part of the Continuum of Care, in which San Mateo participates. The County of San Mateo also supports housing projects countywide with its HOME and CDBG funds which often are used to leverage City resources.

The Housing Endowment and Regional Trust (HEART) of San Mateo County is a public/private partnership whose goal is to raise funds to create affordable housing opportunities in San Mateo County.

Low-Income Housing Tax Credits are offered through the State on a competitive process and with the dissolution of Redevelopment, applications for these funds are expected to become even more in demand and competitive. The State also has also set aside a portion of the Cap and Trade funds for housing located close to transit in its Affordable Housing Sustainable Communities program. The City will support

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developer applications for tax credits and other State Housing programs as they become available for appropriate and eligible projects.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
As described in the City’s 2023 Housing Element, there are two publicly owned properties that will offer affordable housing in San Mateo. The first is Kiku Crossing, located on East 4th Avenue. The property was formerly a public parking lot and will provide 225 affordable homes for families and individuals. Of those units, 57 will be for public employees, 22 will house formerly homeless households, and eight units will be for individuals with intellectual and developmental disabilities. The project obtained full planning approvals and an executed Disposition, Development and Loan Agreement in summer of 2020. Construction commenced throughout 2023, is expected to be completed in spring 2024, and leasing will be completed in fall 2024. Additionally, Bespoke, also a former parking lot, will be located on South B Street and will provide 60 affordable units to extremely low income, very low-income and low-income households along with community facilities, commercial space, and office space.

Discussion

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Maintain and
Preserve Existing
Housing
2024 2025 Affordable
Housing
Affordable Housing CDBG:
$127,000
City
sources:
$500,000
Homeowner Housing
Rehabilitated: 25 Household
Housing Unit
2 Community Funding 2024 2025 Public Services Public Services CDBG:
$111,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 4,162
Persons Assisted
3 Street and Sidewalk
Improvements
2024 2025 Non-Housing
Community
Development
CDBG Priority
Neighborhood
CDBG:
$467,000
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
20000 Persons Assisted
4 Public Facilities 2024 2025 Non-Housing
Community
Development
Public Facilities
Improvements
Other: 2 Other
5 Affordable Housing 2024 2025 Affordable
Housing
Affordable Housing City
sources:
$6,850,000
Rental units constructed:
225 Household Housing Unit

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2024
26 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 First Time Homebuyer 2024 2025 Affordable
Housing
Affordable Housing City
sources:
$300,000
Direct Financial Assistance to
Homebuyers: 5 Households
Assisted
7 Microbusiness
Assistance
2024 2025 Economic
Development
Economic
Development
CDBG:
$80,000
Businesses assisted: 73
8 AFFH goal: Adjust
city’s Below market
rate (inclusionary)
program
2024 2025 Affordable
Housing
AFFH Factor: Lack of
affordable housing in
high opportunity areas;
Hispanic and single
female households are
concentrated in low
opportunity tracts
Feasibility analysis
completed; implementation
of redesigned program
9 AFFH goal: Regional
downpayment
assistance program
2023 2031 Accessible
homeownership
AFFH Factor: Historic
discrimination and
continued mortgage
denials
Affirmatively market to 20
Hispanic households;
Downpayment assistance to
30 households; homebuyer
education to 200 households
10 AFFH goal: Forgivable
loans for ADUs
2025 2026 Increased
housing supply
and affordable
Housing
AFFH Factor: Low-
income rental options
concentrated in low
opportunity tracts
Reach 5 households annually

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Annual Action Plan
2024
27 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
11 AFFH goal:

Affirmatively market
city supported
housing
2023 2031 Affordable
Housing
AFFH factor: Lack of
affordable housing in
high opportunity areas;
Hispanic and single
female households are
concentrated in low
opportunity tracts
Developers affirmatively
market to 1,000 units over
eight years
12 AFFH goal: Incentivize
developers with
subsidies, fee waiver,
density bonuses to
increase accessibility
requirements
2023 2031 Affordable
Housing
AFFH factor: Lack of
affordable housing in
high opportunity areas;
Lack of accessible
affordable units
Update development
agreements; update City’s
Inclusionary Housing Policy
13 AFFH goal: Prioritize
city funding proposals
for city funded
affordable housing
residents that are
hard to serve
2027 2028 Affordable
Housing
AFFH factor: Lack of
accessible affordable
units; concentration of
low income and low
opportunity census
tracts
Conduct a best practices
review and develop program
to prioritize City funding for
housing projects
14 AFFH goal: Conduct
an area plan North
Shoreview and North
Central
neighborhoods
2023 2025 Land use
resources
AFFH Factor: Lack of
affordable housing in
high opportunity areas;
concentration of low
income and low
opportunity census
tracts
Prepared plan

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Annual Action Plan
2024
28 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
15 AFFH goal: Preference
home repair projects
in low opportunity
census tracts
2023 2031 Financial
resources
AFFH Factor:

Disparities in access to
opportunity
Annual goal of 10 home
repairs; 14 accessibility
modifications for low-
income residents
16 AFFH goal: Monitor
affordable housing
that is at risk of
conversion
2023 2031 Affordable
housing
AFFH factor: Outreach
capacity and
enforcement;
disproportionate
housing needs
Coordinate with owners to
preserve 24 units at risk of
expiring; provide tenant
outreach and education; add
displacement preference for
new affordable housing
17 AFFH goal: Expand
tenant protects
2023 2026 Displacement risk AFFH factor: Disparities
in access to
opportunity
Require tenant relocation
payment for no fault
evictions; require
documentation from
landlords when tenants are
evicted due to remodels;
enforce penalties when units
are unsafe/substandard
18 AFFH goal: Conduct
fair housing training
for landlords and
tenants
2023 2027 Equal
opportunity
housing
AFFH factor: Persons
with disabilities and
persons of color are
most likely to file fair
housing complaints
with HUD
Provide annual funding to
Project Sentinel to provide
training every two years,
targeting 200 landlords

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Annual Action Plan
2024
29 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
19 AFFH goal: Create fair
housing webpage
2024 2031 Equal
opportunity
housing
AFFH factor: Lack of
understanding of
reasonable
accommodation; lack
of affordable accessible
units
Create City website about
housing discrimination, laws,
and protections
20 AFFH goal: Ensure
multifamily
properties explain
reasonable
accommodations
requests
2024 2026 Equal
opportunity
housing
AFFH factor: Lack of
accessible affordable
units
Create ongoing condition of
approval for below market
rate and affordable
developments; explore
enforcement options
21 AFFH goal: Prevent
displacement
2023 2031 Affordable
housing
AFFH factor: Lack of
access to opportunity;
concentration of low
opportunity census
tracts; lack of
investment in older
housing stock
Study options that support
housing stability and long-
term affordability;
implement findings
Table 6 – Goals Summary
Goal Descriptions

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Annual Action Plan
2024
30 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Name Maintain and Preserve Existing Housing1
Goal
Description
Provide funds to preserve, repair, and maintain existing housing stock. Emphasis on repairs that clear health and safety issues, retrofits to homes for more sustainability and energy efficiency, and make properties more accessible for individuals with special needs.

This is the second year of the 2023 Consolidated Plan, and the outcome below will be a part of the larger goal represented in that plan.

Goal Name Community Funding2
Goal
Description
Provide grants to non-profit organizations for provision of public services to low- and moderate-income individuals, families, and businesses in San Mateo.

This is the second year of the 2023 Consolidated Plan, and the outcome below will be a part of the larger goal represented in that plan.

Goal Name Street and Sidewalk Improvements3
Goal
Description
Repair deteriorated streets, as well as provide accessibility and public safety improvements to streets and sidewalks for pedestrians, bicycles and autos in the CDBG Priority Neighborhood.

This is the second year of the 2023 Consolidated Plan, and the outcome below will be a part of the larger goal represented in that plan.

Goal Name Public Facilities4
Goal
Description
Provide funds for repairs and health/safety measures to be completed at buildings used by non-profit agencies for provision of public services.

This is the second year of the 2023 Consolidated Plan, and the outcome below will be a part of the larger goal represented in that plan.

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Annual Action Plan
2024
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Goal Name Affordable Housing5
Goal
Description
Provide funding for new construction, acquisition and/or rehabilitation of affordable units through City financial assistance and the inclusionary Below Market Rate program.

This is the second year of the 2023 Consolidated Plan, and the outcome below will be a part of the larger goal represented in that plan.

Goal Name First Time Homebuyer6
Goal
Description
Ensure continued affordability for low and moderate income homebuyers in the City's First Time Homebuyer program for the purchase of City assisted units.

This is the second year of the 2023 Consolidated Plan, and the outcome below will be a part of the larger goal represented in that plan.

Goal Name Microbusiness Assistance7
Goal
Description
Provide grants to non-profit service providers who assist low- and moderate-income residents who own or are attempting to start a small business.

This is the second year of the 2023 Consolidated Plan, and the outcome below will be a part of the larger goal represented in that plan.

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Annual Action Plan
2024
32 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Name AFFH Goal: Adjust the city’s Below Market Rate (inclusionary) program8 Goal
Description
Adjust the city’s Below Market Rate (inclusionary) program to provide larger density bonuses, and/or increased city support in exchange for affordable units that address the needs of residents with disproportionate housing needs (e.g., accessible/ visitable units for persons with disabilities, child-friendly developments with day care on site for single parents, and 3-4 bedroom units for larger families.

Contributing factors to be addressed:
•Accessibility, development of affordable units.

Fair housing issues/impediments:
•Disproportionate housing needs;
•Displacement due to rent increases for Spanish speaking and large households; •Lack of accessible housing for persons with disabilities; and •Limited housing for families.

Metrics and milestones:
•Perform feasibility analysis to redesign the program to allow a menu of options. Ensure analysis includes review of housing for households with disproportionate needs, along with income levels.

Timeframe for achievement:
•Complete feasibility analysis by Fall 2023.
•Implement redesigned program by Spring 2024.

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Annual Action Plan
2024
33 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Name AFFH Goal: Regional downpayment assistance program9 Goal
Description
Participate in a regional downpayment assistance program with affirmative marketing to households with disproportionate housing needs including disabilities, single parents, and Hispanic households (e.g. Spanish and English, targeted to northeast neighborhoods).

Contributing factors to be addressed:
•Inaccessible homeownership due to financial barriers.
•Lack of support for affordable housing, creating barriers to approval.

Fair housing issues/impediments:
•Disproportionate housing needs.

Metrics and milestones:
•Affirmatively market down payment assistance to 20 Hispanic households; •Provide homebuyer education to 200 households;
•Work with other jurisdictions to conduct outreach and education; and •Ensure programs affirmatively market to impacted neighborhoods, including North Central and North Shoreview.

Timeframe for achievement:
•Meet quantified objectives by end of Housing Element period in 2031; Conduct homebuyer/ outreach and education quarterly in partnership with HEART (Housing Endowment and Regional Trust of San Mateo County).

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Annual Action Plan
2024
34 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Name AFFH Goal: Forgivable loans for ADUs10
Goal
Description
Support the design of a regional forgivable loan program for homeowners to construct an ADU that is held affordable for extremely low income households for 15 years.

Contributing factors to be addressed:
•Lack of affordable housing in high opportunity areas.
•Lack of accessible, affordable units.

Fair housing issues/impediments:
•Disparities in access to opportunities.

Metrics and milestones:
•Design regional loan forgiveness program.
•Target those with disproportionate housing needs with affirmative marketing with goal to reach five households annually.

Timeframe for achievement:
•Begin design in summer 2025; complete by winter 2026.

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Annual Action Plan
2024
35 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Name AFFH Goal: Affirmatively market city supported housing11 Goal
Description
Add more city supported housing with affordability restrictions in moderate and high resource areas. Affirmatively market the housing to households with disproportionate housing needs including persons with disabilities, single parents, and Hispanic households (e.g., Spanish and English, targeted to northeast neighborhoods).

Contributing factors to be addressed:
•Lack of affordable housing supply;
•Lack of accessible affordable units; and
•Concentration of naturally occurring affordable housing in low opportunity census tracts.

Fair housing issues/impediments:
•Disproportionate housing needs.
•Lack of accessible housing for persons with disabilities.

Metrics and milestones:
•Require developers to affirmatively market 1,000 units to those with disproportionate housing needs over the eight-year period (approximately 125 annually).
•Continue to update housing inventory.

Timeframe for achievement:
•2031 (annually); as development projects come in for approvals/ financing.

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Annual Action Plan
2024
36 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Name AFFH Goal: Incentivize developers through direct subsidies, fee waivers, and density bonuses to increase accessibility requirements12
Goal
Description
Incentivize developers through direct subsidies, fee waivers, and/ or density bonuses to increase accessibility requirements beyond the federal requirement of 5% for subsidized developments.

Contributing factors to be addressed:
•Lack of access to opportunity concentrated in some census tracts. •Lack of accessible housing.

Fair housing issues/impediments:
•Persons with disabilities have disproportionate housing needs. •Persons with disabilities and persons of color are most likely to file fair housing complains with HUD.

Metrics and milestones:
•Update development agreements for projects with City subsidies to include additional accessible units. •Update City’s Inclusionary Housing Policy to require projects that receive City subsidies to increase the percentage of units that meet accessibility requirements.

Timeframe for achievement:
•2023-2031: (ongoing) as development opportunities come available; •2025-2026: Draft Update Inclusionary Housing Policy; and •Review developer agreements as projects come in annually.

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Annual Action Plan
2024
37 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Name AFFH Goal: Prioritize city funding proposals for city funded affordable housing for hard to serve residents13 Goal
Description
Prioritize city funding proposals for city funded affordable housing that are committed to serving hard to serve residents (e.g. extremely low income, special needs, on site services).

Contributing factors to be addressed:
•Lack of accessible affordable housing;
•Lack of affordable housing supply; and
•High housing costs.

Fair housing issues/impediments:
•Disproportionate housing needs;
•Displacement due to rent increases; and
•Disparities in access to opportunity.

Metrics and milestones:
•Conduct a review of best practices and develop a program to prioritize City funding for housing projects.

Timeframe for achievement:
•2027 to 2028: conduct a review of best practices.
•Develop a draft program for City Council adoption.

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Annual Action Plan
2024
38 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Name AFFH Goal: Conduct an area plan for the North Shoreview and North Central neighborhoods14 Goal
Description
As part of the General Plan, conduct an area plan for the North Shoreview and North Central neighborhoods and prioritize land use and design around Highway 101 to improve access and reduce the division of the urban form produced by the highway.

Contributing factors to be addressed:
•Lack of affordable housing in high opportunity areas;
•Lack of accessible affordable units; and
•Concentration of NOAH in low opportunity census tracts.

Fair housing issues/impediments:
•Segregation and integration patterns among Hispanic and female parent households. •Disparities in access to opportunities.

Metrics and milestones:
•Prepare an area plan with goal of reducing overcrowding, improving health, safety and mobility and access to services.

Timeframe for achievement:
•Create plan through the General Plan Update Implementation process.

Goal Name AFFH Goal: Preference minor home repairs in low-income census tracts15 Goal
Description
Continue to fund minor home repairs and implement a preference for projects in low opportunity census tracts identified in the analysis.

Contributing factors to be addressed:
•Loss of affordable housing in high opportunity areas.
•Lack of accessible affordable housing.

Fair housing issues/impediments:
•Disproportionate housing needs.
•Disparities in access to opportunity.

Metrics and milestones:
•Annual goal of 10 minor home repairs and 14 accessibility modifications through grants for low-income residents. •Allow accessibility improvements on rental properties with owner permission.

Timeframe for achievement:
•2023-2031.

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Annual Action Plan
2024
39 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Name AFFH Goal: Monitor affordable housing projects that are at risk of conversion to market rate16 Goal
Description
Monitor affordable housing projects that are at risk of conversion to market rate. Support regional and local efforts to examine displacement of affordable housing and lower income households. Assist with the retention of special needs housing that is at risk of expiring affordability requirements.

Contributing factors to be addressed:
•Historic discrimination and continued mortgage denials. •Concentration in low opportunity census tracts.
•High housing costs that outpace wages.

Fair housing issues/impediments:
•Hispanic households have disproportionate housing needs. •Limited affordable housing for families.

Metrics and milestones:
•Monitor affordable units whose subsidies are set to expire (ex. Bridgepointe Condominiums affordability requirements for 59 units expire in 2027 and Belmont Building 6 units set to expire); •Coordinate with owners to preserve low-income units as affordable at least two years prior to expiration date; •Provide tenant outreach and education;
•Add displacement preference for new affordable housing; and •Provide noticing to tenants and affected public entities regarding expiring affordability.

Timeframe for achievement:
•2025- 2027: to address Bridgepointe Condominiums; 2030- 2032: to address Belmont Building 17 Goal Name AFFH Goal: Expand tenant protections

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Annual Action Plan
2024
40 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal
Description
Establish tenant protections in local ordinance to extend measure of AB1482 related to relocation, documentation, and right to return policy in eviction cases.

Contributing factors to be addressed:
•Persons with disabilities have disproportionate housing needs; •Persons with disabilities and persons of color are most likely to file fair housing complaints with HUD; and •Hispanic households have disproportionate housing needs.

Fair housing issues/impediments:
•Lack of accessible affordable units;
•Lack of access to economic opportunity;
•Concentration in low income and low opportunity census tracts; •Historic discrimination and continued mortgage denials; and •High housing costs that have outpaced wages.

Metrics and milestones:
•Extend AB1842 provisions that require tenant relocation payments for No Fault evictions for those with tenure less than one year;
•Make recommendations to the City council for establishing tenant protection policies that include the requirement of documentation from landlords who use the substantial remodel exemption to evict tenants and a Right to Return policy for tenants displaced from homes due to demolition or substantial remodels; and •Amend the code to strengthen enforcement penalty structure to aid in protecting tenants from unsafe or substandard units.

Timeframe for achievement:
•2023-2026.
18 Goal Name AFFH Goal: Expand fair housing training for tenants and landlords

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Annual Action Plan
2024
41 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal
Description
Partner with Project Sentinel to perform fair housing training for landlords and tenants. Focus on enforcement efforts on race-based discrimination and reasonable accommodations.

Contributing factors to be addressed:
•Lack of accessible affordable units;
•Lack of access to opportunity;
•Concentration in low income and low opportunity census tracts; and •Lack of understanding of reasonable accommodation requirements by landlords and property owners.

Fair housing issues/impediments:
•Persons with disabilities have disproportionate housing needs. •Persons with disabilities and persons of color are most likely to file fair housing complaints with HUD.

Metrics and milestones:
•Provide annual funding to Project Sentinel to provide training every two years in the Spring, targeting 200 landlords each training.
•Outreach programs to landlords
Timeframe for achievement:
•Annually as part of CDBG allocation in the spring.
19 Goal Name AFFH Goal: Create fair housing webpage

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Annual Action Plan
2024
42 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal
Description
Create a webpage specific to fair housing including resources for residents who feel they have experienced discrimination, information about filing fair housing complaints with HCD or HUD, and information about protected classes under the Fair Housing Act.

Contributing factors to be addressed:
•Lack of accessible affordable units;
•Lack of access to economic opportunity;
•Concentration of low income and low opportunity tracts; and •Lack of understanding of reasonable accommodation requirements by landlords and property owners.

Fair Housing Issues/ Impediments
•Persons with disabilities have disproportionate housing needs. •Persons with disabilities and persons of color are most likely to file fair housing complaints with HUD.

Metrics and Milestones:
•Provide information on City website about housing discrimination, laws, and protections. •Update webpage every two years, along with other transparency updates.

Timeline
•2024 and update bi-annually thereafter.
20 Goal Name AFFH Goal: Ensure multifamily residential properties explain reasonable accommodations for people with disabilities

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Annual Action Plan
2024
43 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal
Description
Ensure that all multifamily residential developments contain signage to explain the right to request reasonable accommodations for persons with disabilities. Make this information available and clearly transparent on the city’s website and fund landlord training and outreach on reasonable accommodations.

Contributing factors to be addressed:
•Lack of accessible affordable units;
•Lack of access to economic opportunity;
•Concentration of low income and low opportunity tracts; and •Lack of understanding of reasonable accommodation requirements by landlords and property owners.

Fair Housing Issues/ Impediments:
•Persons with disabilities have disproportionate housing needs. •Persons with disabilities and persons of color are most likely to file fair housing complaints with HUD.

Metrics and Milestones:
•Create ongoing condition of approval to ensure both below market rate and all affordable developments contain this information.
•Explore options for recording against the property and/ or including in the affordable housing agreement.

Timeline:
•Create ongoing conditions of approval by fall 2024.
•Conduct best practices review on options to record reasonable accommodation language by January 2025, and implement a program by January 2026.
21 Goal Name AFFH Goal: Prevent displacement

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Annual Action Plan
2024
44 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal
Description
Ensure that future improvements in disadvantaged communities will not produce a net loss of affordable housing or the displacement of residents and seek to increase the amount of affordable housing in disadvantaged communities.

Contributing factors to be addressed:
•Lack of accessible affordable units;
•Lack of access to economic opportunity;
•Concentration of low income and low opportunity tracts; and •Lack of investment in older housing stock.

Fair Housing Issues/ Impediments:
•Persons with disabilities and persons of color have disproportionate housing needs Metrics and Milestones:
•In collaboration with nonprofit and for-profit housing developers, study the feasibility of collaborating with the Northern California Land Trust, or establishing a new community land trust that will support long-term community ownership and housing affordability in disadvantaged communities. Implement findings as part of the General Plan Update
Timeline:
•To be completed as part of the larger General Plan Update, with the expected date of completion by 2027

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Annual Action Plan
2024
45 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-35 Projects - 91.420, 91.220(d)
Introduction
Activities planned for 2024-25 are similar to those from recent years. The City will continue to use CDBG administration funds for provision of fair housing activities, public services for grants to non-profit public service agencies, and the remainder of CDBG funds for minor home repair programs, community development projects, and economic development.
# Project Name
1 Community Funding Program
2 Home Energy and Repair Program
3 CDBG Admin
4 Street and Sidewalk Reconstruction
5 Affordable Housing
6 Microbusiness Assistance
Table 7 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The housing, social service, and community development needs of the community are overwhelming when compared to funding available from CDBG and other sources. Allocations of funding are made with careful consideration of the community's needs and input from the citizen participation process and the Community Relations Commission. City staff, along with other jurisdictions and community partners, cooperate in order to streamline processes and avoid duplication of services in an effort to maximize the available resources.

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2024
46 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information

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2024
47 OMB Control No: 2506-0117 (exp. 09/30/2021)
Project Name Community Funding Program
Target Area
Goals Supported Community Funding
Needs Addressed Public Services
Funding CDBG: $111,000
Description Provide $111,000 in funds to non-profit agencies to provide public services for the core service priorities including basic human needs, senior services, youth services, and providing affordable housing.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
Project will only serve low- and moderate-income individuals and families, as well as those from presumed benefit groups such as abused children, victims of domestic violence, elderly, and homeless. Based on reports from prior years, the project will serve approximately 4,162 San Mateo residents.
1 Location Description Project will serve the community members citywide.

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Annual Action Plan
2024
48 OMB Control No: 2506-0117 (exp. 09/30/2021)
Planned Activities Project provides funds to non-profit agency sub-recipients to carry out public service programs. Agencies interface with a variety of departments within the City including police, housing, and code enforcement on a regular basis to further their efforts in the community. The City anticipates funding eight sub-recipients evenly with available funding. In addition, the City is funding an economic development program outside of the public services cap. The awards for this year are as follows:

CALL Primrose: drop-in food pantry program providing free grocery services. Goal is to serve 1,386 individuals.

CORA: providing survivors of domestic violence and their children with legal services. Goal is to serve 65 individuals.

Friends for Youth: provide mentoring relationships and support services to underserved, vulnerable youth. Goal is to serve 268 individuals.

Legal Aid Society of San Mateo County: legal services to households in danger of eviction and/or living in substandard conditions. Goal is to serve 129 clients.

Life Moves: provide shelter and supportive services to assist homeless individuals to return to self- sufficiency at the First Step for Families facility which includes 117 beds. Goal is to serve 94 clients
Ombudsman: advocate for the dignity and quality of life of people living in licensed long term care facilities. Goal is to serve 1,907 individuals Rape Trauma Services: services for abused children from infancy through 17 years of age. Goal is to serve 85 individuals.

Samaritan House: provides a broad spectrum of assistance, including case management, emergency assistance - food, clothing, shelter, healthcare - as well as, financial assistance and empowerment services. Goal is to serve 228 individuals.

Project Name Home Energy and Repair Program
Target Area
Goals Supported Maintain and Preserve Existing Housing
Needs Addressed Affordable Housing
Funding CDBG: $127,000
City sources: $500,000
Description Provides funding to non-profit agencies to provide minor repairs, accessibility modifications, and energy efficiency measures to income eligible homeowners.
2 Target Date 6/30/2024

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Annual Action Plan
2024
49 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed activities
Project will assist 25 households with repairs and energy improvements.

Location Description Project will only apply to homes located in the City of San Mateo.

Planned Activities Project will provide grants to sub-recipients for programs to complete minor rehabilitation, energy improvements, and accessibility improvements to low- and moderate-income homeowners. Three grants will be provided to two agencies as follows:
•Rebuilding Together Peninsula: Safe at Home program provides minor home repairs including health and safety measures, emergency electrical and plumbing, etc. Goal is to serve 4 households.
•Center for Independence of Individuals with Disabilities: Housing Accessibility Modifications program provides accessibility measures to homes including grab bars, wheelchair ramps, etc.

Goal is to serve 14 households.
•Rebuilding Together Peninsula: National Rebuilding Day provides larger scale rehabilitation of homes in conjunction with volunteers and many other funding sources. Goal is to serve 6 households.

Rebuilding Together: Housing Rehabilitation Loan Program uses funds from the State of California's CalHome program. RTP will provide construction administration for loans up to $60,000 to low-income households.

Project Name CDBG Admin3
Target Area

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Annual Action Plan
2024
50 OMB Control No: 2506-0117 (exp. 09/30/2021)
Goals Supported Maintain and Preserve Existing Housing
Community Funding
Street and Sidewalk Improvements
Public Facilities
AFH Goal: Affirmative Marketing of Housing
AFH Goal: Facilitate Streamlined Review of Housing
AFH Goal: Support Education of Stakeholders
AFH Goal: Strengthen Section 8 Program
AFH Goal: Retention of Special Needs Housing
AFH Goal: Support Displaced Households
AFH Goal: Reasonable Accommodation Policy
AFH Goal: Dev. of Accessory Dwelling Units
Needs Addressed Affordable Housing
Public Services
Community Development
Public Facilities Improvements
AFH Factor: Lack of Effective Marketing Strategies
AFH Factor: Development Approval Challenges
AFH Factor: Lack of Support for Affordable Housing
AFH Factor: Resistance to Density and Growth
AFH Factor: Lack of Zoning Flexibility
Funding CDBG: $105,000
Description Provide funds for staff and overhead to administer the CDBG grant. The City will also provide a $25,000 grant to an agency for provision of Fair Housing services to come from admin.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
The fair housing grant will serve approximately 215 households.

Location Description Project will take place in City of San Mateo.

Planned Activities Administrative costs for management of the CDBG program. In addition, the City will provide funds for the provision of fair housing activities.

Project Name Street and Sidewalk Reconstruction
Target Area CDBG Priority Neighborhood
Goals Supported Street and Sidewalk Improvements
4 Needs Addressed Community Development

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Funding CDBG: $467,000
Description Funding to reconstruct failing streets and sidewalks as well as other pedestrian safety improvements.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
Project will be completed in the CDBG Priority Neighborhood, which has approximately 20,000 residents
Location Description Project will be completed in the CDBG Priority Neighborhood.

Planned Activities Funds will be used for street safety improvements focusing on sidewalk improvements within the CDBG Priority Neighborhood.

Project Name Affordable Housing
Target Area
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding City sources: $6,850,000
Description Construction of 225 affordable housing units and public parking garage on two sites in downtown San Mateo. Housing funds will not be used for public parking.

Target Date 12/23/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
225 families
Location Description 480 E. 4th Avenue, San Mateo, CA 94401 and 400 E. 5th Avenue, San Mateo, CA 94401
5 Planned Activities Construction of new housing
Project Name Microbusiness Assistance
Target Area
Goals Supported Community Funding
Needs Addressed Public Services
6 Funding CDBG: $80,000

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Description Economic development grant of $40,000 to Renaissance Entrepreneurship Center for microbusiness assistance activity and a grant of $40,000 to Upwards for childcare microbusiness assistance. The funds for this activity will not be counted under public service cap as they are a microbusiness assistance program for economic development.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
The economic development program will serve 73 businesses.

Location Description Project will serve the community members citywide.

Planned Activities Renaissance Entrepreneurship Center: provides customized training for English and Spanish speaking business owners to start and grow small businesses. Goal is to serve 60 businesses.

Upwards: provides technical assistance and business support to childcare providers who run home daycares. Goal is to serve 13 businesses.

The funds for this activity will not be counted under public service cap as they are a microbusiness assistance program for economic development.

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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of San Mateo provides a number of programs that assist low-income individuals and households based and therefore may be located anywhere within the city limits of San Mateo. In addition, the City has identified a CDBG Priority Neighborhood by utilizing the low-income definitions provided by HUD. This area includes census tracts or block groups with at least 51% of the persons considered low-income as reported in the Census and includes North Central, North Shoreview and South Norfolk neighborhoods.

Geographic Distribution
Target Area Percentage of Funds
CDBG Priority Neighborhood 55
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The CDBG Priority Neighborhood has a number of contributing factors to its designation, especially as compared to other neighborhoods in San Mateo:
•Lowest median income and high percentage of families below the poverty level •Deteriorating conditions, including high degree of dumping and graffiti •High percentage of overcrowding, including streets/traffic and housing •Older, deteriorating housing stock
Discussion

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AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction
The City is committed to using available tools to increase the availability of affordable housing. Current programs include an inclusionary zoning ordinance, commercial linkage fee, and the City also works with developers of 100% affordable projects using local funding and land.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Streamlining the approval process for residential developments is a high priority for the City of San Mateo. A number of efforts are planned this program year.
•Through 21 Elements, the City has joined with a County-wide effort to establish an ADU center to support additional ADU construction and monitor affordability.
•In 2023, the City initiated research with consultants to analyze economic feasibility to incentivize affordable housing production in large projects, to evaluate minimum residential density requirements for large commercial mixed-use projects, and promote more inclusionary family housing (two- and three-bedroom affordable housing units. The City adopted code amendments to allow Zoning Administrator approval for housing projects up to 25 units, subject to Objective Design Standards. •In 2024, the City will streamline the development review process by removing the pre-application and third-party design review requirements through an updated resolution with City Council. The City plans to amend the Zoning Code to reduce off-street parking requirements for residential uses and will initiate comprehensive code amendments to permit residential uses for all Commercial and Executive Office zones in non-R overlay areas. The City began researching SB 10 and will present an introduction of the bill to City Council for feedback and direction and will amend the code to be consistent of AB 2162 to allow by-right 100% affordable housing that has 25% or 12 units of permanent supportive housing where multi-family or mixed-use housing is permitted. •The City continues to study and evaluate all development fees to measure the impacts on residential construction. As of FY2024, the study continues to be underway as planners try to find ways to lower construction fees to make them comparable to our neighboring cities.

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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
Actions planned to address obstacles to meeting underserved needs With the continued rising housing costs and lingering effects of the COVID-19 pandemic, the City continues to strategically use its limited resources to address critical needs identified through the community engagement process. The City will continue to focus on opportunities to strengthen and/or support the businesses of San Mateo that provide jobs, income and security to its residents.

Additionally, the City continues to look for new ways to streamline procedures and collaborate with other community groups to meet the needs of underserved communities. Through the CDBG Public Services grants, the City will continue to partner with its nonprofit business and service providers to provide direct support and basic needs services (food, shelter, clothing, etc.) for residents most in need.

As previously stated, the primary obstacle in addressing most community needs is available funding. The Commission has tried to allocate its limited funds in a manner that provides unduplicated services and tries to stretch the funding to be cost effective.

Actions planned to foster and maintain affordable housing The City continues to work collaboratively with a variety of non profit organizations and jurisdictions to preserve and develop affordable housing. The City of San Mateo continues to work with the 21 Elements, which was formed to collaborate and share best practices on housing policies and programs for the adoption of the Housing Elements in the respective General Plans. The City also recently updated its Housing Element, which articulates five goals related to fostering and maintaining affordable housing.

These goals include:
•Production of new housing at all income levels, with a focus on affordable housing; •Preservation of existing housing that is affordable to lower- and middle-income residents; •Protection of current residents to prevent displacement; •Promotion of community engagement and public outreach; and •Affirmatively Furthering Fair Housing.

The City also has local funding sources that can support the preservation and development of affordable housing, in addition to HUD resources. The City has continued to pledge "Boomerang" funds for housing from its general fund, which are a proportion of property taxes previously set aside for housing in former Redevelopment Areas. The City continues to collect loan repayments from loans made by the former Redevelopment Agency that are re-used for affordable housing. The City uses all of these local funds to assist with acquisition, rehab or new construction of affordable housing.

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The City continues implement its inclusionary Below Market Rate Program that requires developers of new market rate housing to set aside 15% of the units to be affordable. These units account for a quarter of all the affordable housing units in the City. There continues to be developer interest in utilizing the State Density Bonus program that expands on the City's program and can potentially provide either more or deeper affordability in private developments. Additionally, the City’s updated ADU program continues to facilitate the development of new units and continues to market and promote the inclusion of small units into single family properties throughout the community.

Actions planned to reduce lead-based paint hazards
The City will continue to use its adopted procedures and guidelines to evaluate and reduce lead-based paint hazards as required for each eligible project performed using CDBG and HOME funding. This will apply to assisted acquisition, rehabilitation, the Minor Home Repair and Paint programs, and/or rehabilitation projects.

Actions planned to reduce the number of poverty-level families Through its Community Funding Program, the City will continue to utilize its CDBG public services cap funds to provide grants to local non-profit organizations to address critical community needs.

Additionally, the City will continue to strategically use its resources to preserve and create affordable housing opportunities, improve quality of life and living environments throughout the city, retain and create employment opportunities, and provide social services to households to help them reach self- sufficiency.

Actions planned to develop institutional structure
The primary gaps in institutional structure included reduction in staffing due to rising housing costs and budget reductions, which continues to impact the City, other jurisdictions, and non-profit agencies. As such, the City and its partners have continued to carefully coordinate services and the administration of programs. As described in the last Consolidated Plan, the Countywide CDBG Cohort group is an example of how staff from several cities coordinate public service agreements and monitoring in order to streamline the process. The group continues to share best practices and find program areas that can be streamlined.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to collaborate with public and private housing developers as it manages its ongoing BMR program and manages new subsidized housing projects. In City sponsored affordable housing projects, it is expected that services are provided to the occupants such as transportation subsidy and information, after school programs, social activities, information and referral to other

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services including health, credit and food and clothing. The community is fortunate that these agencies are very well connected already, and the City assists when it can to strengthen the networks.

Discussion
Housing Preferences and Distribution
In light of the huge response, usually resulting in hundreds of applications for affordable housing projects, San Mateo adopted its Marketing Policies for Affordable Housing to establish a fair and effective process to lease rental units, and sell ownership units to new eligible buyers. The policy establishes household size priorities for bedroom sizes and a local preference for people who either live or work in San Mateo. The locality preference is a result of the City’s desire to prioritize local funds for local residents and to reduce commutes and resulting traffic congestion for those who work in the City.

The City has analyzed the racial/ethnic make-up of San Mateo using census data and compared it to the local region, defined as the County of San Mateo, and found no material differences in racial/ethnic percentages, therefore determined that this policy does not have a disparate impact on any minority group. This preference does not apply if a particular funding source prohibits a local preference.

The City has provided subsidies for a variety of housing types including rental, ownership, transitional and supportive housing units in a variety of locations and for a range of income levels, in an effort to serve as many households as possible. This is extremely challenging in a city of only nine square miles in size with one of the highest land and housing costs in the nation. Despite these challenges, only 26% of the subsidized housing in San Mateo is located in the CDBG Priority Neighborhood, which consists of the lowest income households and highest percentage of minorities. This planning plus the local preference provides residents opportunities to live in a variety of neighborhoods citywide. This is further assisted by the fact that all private developments, regardless of location, provide inclusionary units which results in advancing a variety of housing choices for community members.

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Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%

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Discussion
The City utilizes 100% of its CDBG funds for eligible activities that assist low- and moderate-income households through direct services as well as improvements to the CDBG Priority Neighborhoods.

The CDBG grant funds plus annual program income from loan repayments are consistently allocated and spent in a timely manner to maximize assistance to the community.

The three-year period for calculating CDBG benefit is 2023, 2024, and 2025.

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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: NEW BUSINESS Account Number: 10-5112 File ID: 24-8641 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: May 06, 2024
SUBJECT:

Mental Health Awareness Month and Community Wellness and Crisis Response Team - Presentation RECOMMENDATION:

Receive an informational presentation from the San Mateo Police Department's Community Wellness and Crisis Response Team.

BACKGROUND:

The San Mateo Police Department's Community Wellness and Crisis Response Team is comprised of specially trained staff including licensed mental health clinicians who work alongside police officers and focus on de-escalating certain high-risk emergency calls and provide compassionate and proper care for individuals experiencing a mental health crisis. Staff will provide an informational presentation to include a description of duties, roles, and desired outcomes, which will include statistical data regarding outreach efforts.

BUDGET IMPACT:

There is no budget impact associated with this informational update.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None.

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Matt Lethin, Captain
[email protected]
(650) 522-7663

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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: PUBLIC HEARING Account Number: 10-1711 File ID: 24-8669 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: May 6, 2024
SUBJECT: Charter Amendments – Public Hearing
RECOMMENDATION:

Hold a public hearing regarding proposed City Charter amendments addressing how the Mayor is chosen, how vacancies on the City Council are filled, district elections, and other revisions.

BACKGROUND:

At its Fiscal Year 2022-23 Goal Setting, the City Council directed staff to review and update the City Charter related to district elections, mayoral rotation, and filling Council vacancies. In addition, staff is proposing other miscellaneous changes to the Charter where warranted, in the interests of removing or modifying outdated language. This is explained later in this report. After holding a study session on July 17, 2023 regarding board and commission qualifications and compensation, the Council held further study sessions on October 16, 2023, January 2, 2024, and March 4, 2024 to go over proposed Charter amendment language. Each of the agreed-upon revisions are described below, and the full text is included as Attachment 1. The first of two public hearings was held on April 1, 2024, where an overview of the draft amendments was discussed, along with the proposed division of amendments between two different ballot measures. The explanations that follow each proposed amendment are largely from prior study session staff reports that addressed these topics.

As noted during the March 4 and April 1 Council meetings, staff will ask the City Council whether to place Charter amendments on the ballot in November 2024 or November 2026, in light of a potential amendment to Measure Y on the November 2024 ballot. That discussion will occur at the May 20, 2024 meeting.

DISCUSSION:

As previously discussed, staff recommends that amendments should be divided into two separate ballot measures, as set forth below.

PROPOSED BALLOT MEASURE NO. 1
A. Filling Council Vacancies
Existing Charter Language (Sec. 2.08) Proposed Charter Language

A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 days after the same occurs, then such vacancy shall be filled by the mayor. The

A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 60 days after the same occurs, then the city clerk shall call a special election at

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appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the
unexpired terms, and the same shall be conducted
substantially in the manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.

once to fill such vacancy such vacancy shall be filled by the mayor. The An appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for
general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.

By replacing the phrase, “the mayor” with text calling for a special election, the draft wording would remove the authority of the Mayor to fill vacancies and instead send the decision to the voters, if the Council is unable to decide within the allotted time. Notably, in 1983 Measure C was submitted to the voters that would have accomplished the same purpose with somewhat different wording, but that measure failed by a 46.4% to 53.6% vote.

The time for the Council to decide on filling a vacancy would also be increased from 30 to 60 days. This is important because if a vacancy occurs due to a Councilmember being elected to another office, that will likely occur in November.

The existing 30-day period would then expire in December during the holiday season. Extending the period to 60 days would allow for increased outreach to the community and a more deliberate application, interview, and selection process.

The Council would also have more time to weigh the benefits and drawbacks (such as expense) of a special election, versus deciding to fill the vacancy after extensive community input.

Finally, the draft language eliminates text allowing candidates receiving the most votes to serve the longer of unexpired terms (and addressing tie votes) where a majority of the Council seats become vacant. Following the shift to district elections, candidates would no longer run for one of several at-large seats and would instead run for a single seat in their district. Thus, the current language is no longer necessary.

B. Mayoral Rotation / Start Time for Council Meetings

Existing Charter Language (Sec. 2.09) Proposed Charter Language

The council shall meet at the first regular council meeting in December following a general municipal election and
canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor. The regular meetings of the council shall be held on the first and third Monday of each month not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time certain, which
adjourned meeting shall be a regular meeting for all
purposes. The council may, in its discretion, change the date of any regularly scheduled Monday council meeting
which would fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly
scheduled Monday council meeting.

(a) The council shall meet at the first regular council meeting in December following a general municipal
election and canvass the returns thereof. The new
members shall then be inducted into office, whereupon
the council shall elect the mayor and deputy mayor
without continuing such action to a future date and time absent a unanimous vote of the Council, or a fire, flood, or other disaster.
(b) The selection of the mayor and deputy mayor shall
follow a rotational sequence as further specified by
ordinance. The first person in the sequence shall be
selected as mayor and the second person in the sequence shall be selected as deputy mayor. Except however, a
council member may decline to serve as mayor or deputy
mayor, in which case the office would pass to the next
council member in the rotation, and the council member

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who declined would drop back one position. The
rotational list shall be kept by the city clerk.
(c) The regular meetings of the council shall be held on the first and third Monday of each month at a time
specified by resolution not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time
certain, which adjourned meeting shall be a regular
meeting for all purposes. The council may, in its discretion, change the date of any regularly scheduled Monday
council meeting which would fall on a holiday or other
inconvenient day to the nearest convenient day
subsequent to the regularly scheduled Monday council
meeting.

The proposed language would remove 6:30 p.m. as the start time for Council meetings and simply allow the time to be determined by resolution. Note this represents a change from prior draft language that referenced an ordinance, because a resolution will provide the Council with more flexibility.

Regarding the mayoral rotation, the proposed language would address both the procedure and substance of selecting a mayor and deputy mayor. First, as previously proposed, it would require the Council to select a Mayor at the first regular meeting in December and would prohibit continuing the action to a future date, as specified. But additional changes are proposed to codify the key aspects of the Council Guidelines, namely to frame the process of selecting a Mayor and Deputy Mayor as a ministerial act by strictly following a rotational sequence. In order to avoid a lengthy Charter section, the proposed language states that the details are to be specified in an ordinance. The ordinance would generally include the following provisions from the Council Guidelines:

1. After serving as mayor, that council member moves to the end of the rotation sequence, and the other four council members move forward.

2. When a council member is newly elected or appointed (as the result of a cancelled election), that new council member goes into the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.

3. If two or more council members are newly elected or appointed at the same time, the newly elected or appointed council members shall draw lots to determine their position relative to one another in the rotational sequence.

4. If a council member is appointed to fill a mid-term vacancy, that council member will go to the bottom of the rotational list.

5. Incumbent council members, when re-elected, do not begin anew at the bottom of the list, but rather retain their placement in the rotation.

6. If for any reason, such as death, resignation, recall, or not seeking re-election, a council member is removed from the rotation, the remaining council members move forward in the sequence.

Chapter 5 of the Council Guidelines contains the current policy and can be found here.

C. Board and Commission Member Eligibility
Existing Charter Language (Sec. 6.05) Proposed Charter Language The members of all boards and commissions created by
ordinance or by this Charter shall be appointed by the
council, and shall at the time of appointment and while serving possess the same qualifications as required by this Charter for election or appointment to the council.

The members of all boards and commissions created by
ordinance or by this Charter shall be appointed by the
council, and shall at the time of appointment and while serving possess the same qualifications as required by this

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Charter for election or appointment to the council be a resident of the city at least 18 years of age.

This language would allow non-citizens to serve on boards and commissions, such as lawful permanent residents. It would also require board and commission members to be City residents at least 18 years of age, consistent with Senate Bill 225 (2019). At the March 4, 2024 study session, the City Council elected to not pursue Charter amendments that would have allowed non-residents to serve and would have allowed compensation for members of boards and commissions. The portion of Section 6.05 proposed to be amended is shown in the chart above, and the full text is set forth in Attachment 1.

PROPOSED BALLOT MEASURE NO. 2
The draft Charter amendments in this measure would consist of changes reflecting the switch to district elections and other non-controversial revisions, as shown below.

A. District Elections
Existing Charter Language (Sec. 2.01(a)) Proposed Charter Language There shall be a city council of five members elected by the voters of the city at large.

There shall be a city council of five members elected by the voters of the city at large by districts. Any recall election or special election or appointment to fill a
vacancy shall also be by district. Following each
decennial federal census, and at other such times as
provided by law, the city council shall, by ordinance,
adopt boundaries for all council districts so that all of the districts shall comply with state and federal law.

The members of the Council are now elected by district rather than at large, following a 2021 demand letter claiming a violation of the California Voting Rights Act and a change in City electoral practices. The district election process is also codified in the San Mateo Municipal Code. The additional proposed language clarifies that a redistricting process will occur every ten years, consistent with state and federal law, and that an appointee to fill a vacancy must live in the same district as the Councilmember who vacated the seat at issue.

B. Councilmembers Elected in 2017
Existing Charter Language (Sec. 2.01(d).) Proposed Charter Language Provisions applicable to the councilmembers
elected at the general municipal election held in
2015 and the councilmembers elected at the
general municipal election held in 2017.

1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.

2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,
Provisions applicable to the councilmembers
elected at the general municipal election held in
2015 and the councilmembers elected at the
general municipal election held in 2017.

1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.

2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,

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commencing on the first regular council
meeting in December 2017 until the general
municipal election held in 2022.

3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to even-
numbered years, as approved by the voters
of city in the general municipal election held
in 2017.
commencing on the first regular council
meeting in December 2017 until the general
municipal election held in 2022.

3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to even-
numbered years, as approved by the voters
of city in the general municipal election held
in 2017.

This Charter provision was added by the voters in 2017 in order to comply with Senate Bill 415 (SB 415) (2015). SB 415 required cities to realign their elections to even numbered years if prior odd-year elections had resulted in a significant decrease in voter turnout. The City’s 2017 ballot measure did so, also extending the terms of Council members elected in 2015 and 2017 by one year to facilitate this goal. It passed by a vote 81.4% to 18.6%. However, the terms of office for Council members elected in 2015 and 2017 have now ended (as of 2022 for the latter), and this language is no longer needed. Charter Section 2.01(c) provides for the staggered election of Councilmembers in 2020 (two seats) and 2022 (three seats), and even-numbered years thereafter, for a term of four years.

C. Publication and Expiration of Emergency (Urgency) Ordinances Existing Charter Language (Sec. 2.16) Proposed Charter Language Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. Every such
ordinance, except one for emergency
appropriations or calling an election, shall
automatically stand repealed as of the ninety-first
day following the date on which it was adopted, but
this shall not prevent reenactment of the ordinance
if the emergency still exists.

Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. In lieu of
publishing the full text of an emergency ordinance,
a summary thereof may be published in the same
manner as other ordinances. Every such ordinance,
except one for emergency appropriations or calling
an election, shall automatically stand repealed as of
the ninety-first day following the date on which it
was adopted, but this shall not prevent
reenactment of the ordinance if the emergency still
exists.

The draft language would allow for the publication of a summary of an emergency ordinance (more commonly known as an urgency ordinance). Currently, the Charter does not allow publication of a summary, and therefore the entire urgency ordinance must be published in the newspaper. This change would result in modest cost savings, but more importantly would allow for the same flexibility in publishing urgency ordinances that exists for standard ordinances under Charter Section 2.15(d).

Furthermore, this proposal would eliminate language requiring the automatic repeal of urgency ordinances on the 91st day after adoption. This language was not part of the original 1922 Charter and was added in 1970. The circumstances

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requiring the urgency ordinance would not necessarily have been resolved approximately three months after adoption.

Eliminating this text would not prevent the Council from affirmatively repealing an urgency ordinance as appropriate.

D. Verified Statement of Candidates
Existing Charter Language (Sec. 7.04) Proposed Charter Language (a) No earlier than the first day, and no later than
the last day, specified or provided under state
law for the filing of nomination papers by any
candidate for elective municipal office in
general law cities, as such law shall be in effect
on the first day of January next preceding the
municipal election, each candidate for an
elective office shall file with the city clerk a
statement containing the following information
in the order herein set forth:

1. His/her name;

2. The office for which he/she is a candidate;

3. His/her present residence and occupation;

4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;

5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;

6. The public offices he/she ever held, if any, as
principal, deputy or employee;

7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;

8. The length of time he/she has been a resident
in the city;

9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;
(a) No earlier than the first day, and no later than
the last day, specified or provided under state
law for the filing of nomination papers by any
candidate for elective municipal office in
general law cities, as such law shall be in effect
on the first day of January next preceding the
municipal election, each candidate for an
elective office shall file with the city clerk a
statement containing the following information
in the order herein set forth:

1. His/her name;

2. The office for which he/she is a candidate;

3. His/her present residence and occupation;

4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;

5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;

6. The public offices he/she ever held, if any, as
principal, deputy or employee;

7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;

8. The length of time he/she has been a resident
in the city;

9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;

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10. The names of not more than 15 residents
who know something of his/her character and
abilities;

11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements above-
mentioned shall exceed 100 words in length.
(d) The failure to submit the statement or other
information shall not disqualify the candidate.

10. The names of not more than 15 residents
who know something of his/her character and
abilities;

11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements above-
mentioned shall exceed 100 words in length.
(d) The failure to submit the statement or other
information shall not disqualify the candidate.

The language proposed for elimination originally appeared in the 1922 Charter and has only undergone minor changes over the years. As the Council is well aware, the manner in which election campaigns are conducted has vastly changed over the last century. Instead of a statement with the prescribed information constituting a significant source of information for the voters, other sources of information are much more commonly used during an election campaign, such as Internet websites with written material and videos, social media, and other sources. Candidates may also submit a statement to be included in a voter information guide that is distributed to voters. This existing provision is thus outdated and is appropriate for removal, subject to voter approval.

E. Miscellaneous Charter Revisions
Staff is also proposing miscellaneous “clean-up” revisions to the Charter, namely adding gender neutral language where needed, lettering paragraphs and adding commas where appropriate, and correcting a typo (in Section 9.07 where “within” was inadvertently separated into two words). The full text of proposed Charter Amendments is set forth in Attachment 1.

CHARTER AMENDMENT PROCESS
Under state law, the City Council may propose a charter amendment and submit it to the voters at the next statewide general election, at least 88 days before the election. Govt. §34458(a). The charter amendment will not be adopted until it is approved by a majority vote. Before approving the submittal of a charter amendment to the voters, the City Council must hold at least two public hearings, with published and posted notice, at least 21 calendar days prior to the date of each public hearing. Govt. §34458(b). April 1 was the first public hearing.

Tonight is the second public hearing, which is being held at least 30 days after the first public hearing, as required. At least one of the two hearings must be held outside of normal business hours to facilitate public participation. Govt. §34458(b).

In this case, both public hearings met that requirement. The Council cannot vote on whether to approve submitting the proposal to the voters until 21 days after the second public hearing. Govt. §34458(b). The Charter amendment must also

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be filed with the California Secretary of State and must be published in the official state statutes. Govt. §34461.

Below is the schedule that builds in a buffer between the projected date of submittal to the voters and the statutory deadline of 88 days before the election. This will allow for better coordination with the County Elections office and an additional Council meeting, if necessary.

Council Meeting Schedule – Charter Amendments
Dates Purpose
October 16, 2023 Council Study Session – completed
January 2, 2024 Council Study Session – completed
March 4, 2024 Council Study Session – completed
April 1, 2024 First Public Hearing – completed
May 6, 2024 Second Public Hearing – tonight
June 3, 2024 Council submits measure to voters
August 9, 2024 88 days before election
November 5, 2024 Election Day
As noted at the outset of this report, it is possible that the Charter amendments may be put before the voters in November 2026 rather than November 2024, subject to direction from the City Council. Staff will return to the Council to receive direction on May 20, 2024 in connection with the results of polling activities by the City’s consultants.

BUDGET IMPACT:

There is no budget impact associated with this study session. Should the Council direct staff to pursue further action on charter amendments, further analysis and scoping will be required. Hiring a ballot measure consultant and polling consultant will likely cost approximately $52,300. Note that consistent with state law, no public funds can be used to advocate for or against a ballot measure. Instead, these funds would be used for polling and education and information to determine how each measure should be formulated. Finally, placing each measure on the ballot at the consolidated November 5, 2024 election will also cost approximately $100,000.

ENVIRONMENTAL DETERMINATION:

This public hearing 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
Before approving the submittal of a charter amendment to the voters, the City Council must hold at least two public hearings, with published and posted notice, at least 21 calendar days prior to the date of each public hearing. Govt. §34458(b). The public hearing notice was published on March 29, 2024 in the San Mateo Daily Journal.

ATTACHMENTS
Att 1 – Proposed Charter Amendments – Tracked Changes
LINKS
City Charter
City Council Guidelines
July 17, 2023 Study Session
October 16, 2023 Study Session
January 2, 2024 Study Session
March 4, 2024 Study Session
April 1, 2024 Public Hearing

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STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020

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San Mateo City Charter

ARTICLE I NAME, BOUNDARIES, AND POWERS OF THE CITY

1.01 Name of The City.

The municipal corporation now existing and known as the City of San Mateo shall remain and continue to be a body politic and corporate as at present, in name, in fact and in law.

1.02 Boundaries.

The boundaries of said city shall be the same as now established, with power and authority to change the same as provided by law.

1.03 Powers.

Said city, by and through its council and other officials, shall have, and may exercise, all powers necessary or appropriate to a municipal corporation and the general welfare of its inhabitants which are not prohibited by the constitution and which it would be competent for this Charter to set forth particularly or specifically, including all powers now or hereafter granted, and the specification herein of any particular powers shall not be held to be exclusive or any limitation of this general grant of powers.

ARTICLE II LEGISLATIVE DEPARTMENT

2.01 Composition, Eligibility, Election and Terms.
(a) There shall be a city council of five members elected by the voters of the city at largeby districts. Any recall election or special election or appointment to fill a vacancy shall also be by district. Following each decennial federal census, and at other such times as provided by law, the city council shall, by ordinance, adopt boundaries for all council districts so that all of the districts shall comply with state and federal law.
(b) No person shall be eligible to hold office as a member of the city council or for election thereto unless he or she isthey are, and shall have been continuously for at least 30 days immediately preceding the appointment or final filing date for nomination papers for such office, a qualified elector and resident of the city, or of territory annexed to or consolidated with the city.
(c) The members of the city council shall be elected by the voters of the city at a general municipal election to be held in the year 2020 and every even-numbered year as follows:
(1) Two councilmembers shall be elected at the general municipal election held in the year 2020. They shall hold office for a term of four years, commencing on the first regular council meeting in the December immediately following the general municipal election until the general municipal election the fourth year thereafter. (2) Three councilmembers shall be elected at the general municipal election held in the year 2022. They shall hold office for a term of four years, commencing on the first regular council meeting in the December immediately following the general municipal election until the general municipal election the fourth year thereafter.

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(3) In the event two or more candidates receive the same number of votes and it is necessary for any reason to break the tie, the tie shall be broken by drawing lots under the supervision of the city attorney at the earliest meeting of the council after such a tie has been determined.
(d) Provisions applicable to the councilmembers elected at the general municipal election held in 2015 and the councilmembers elected at the general municipal election held in 2017. (1) The incumbent councilmembers elected at the general municipal election held in 2015 shall have their term extended by one year, until the general municipal election held in 2020.
(2) The three councilmembers elected at the general municipal election held in 2017 shall hold office for a term of five years, commencing on the first regular council meeting in December 2017 until the general municipal election held in 2022. (3) These provisions are necessary to effectuate the change in timing of general municipal elections from odd-numbered years to even-numbered years, as approved by the voters of city in the general municipal election held in 2017. (de) Councilmembers shall not be eligible for election to nor serve more than three consecutive terms in office provided that no partial term of office shall be counted as any portion of the consecutive terms. (Res. No. 65 § 2, eff. 11-7-17)

2.02 Mayor.

The Council shall elect from among its members officers of the city who shall have the titles of mayor and deputy mayor, each of whom shall serve at the pleasure of the council. The mayor shall preside at meetings of the council, shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The deputy mayor shall act as mayor during the absence or disability of the mayor.

2.03 Compensation.

The mayor and other members of the city council shall each receive $600.00 per month compensation for their services as council. Compensation may be adjusted in the manner authorized by the general laws of the State for general law cities of the same population as San Mateo.

2.04Benefits and Expenses.

Retirement, health and welfare, and social security benefits shall be in addition to, and not be included in, the amount of compensation authorized by this Charter. The mayor and other members of the city council shall receive their actual and necessary expenses incurred in the performance of their duties of office upon presentation of verified claims therefor on uniform forms to be prescribed by resolution of the city council.

2.05 General Powers and Duties.

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All powers of the city shall be vested in the council, except as otherwise provided by law or this Charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law.

2.06 Prohibitions.
(a) Holding Other Office: Except where authorized by law, no councilmember shall hold any other city office or city employment during the term for which they were he/she was elected or appointed by the council, and no former councilmember shall hold any compensated appointed city office or employment until one year after the expiration of the term for which they were he/she was elected or appointed to the council.
(b) Appointments and Removals: Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative or legal officers or employees whom the city manager, city attorney, or any of the city manager's subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the city manager or city attorney anything pertaining to appointment and removal of such officers and employees. Where council approval of a proposed appointment is required a refusal to approve shall not be construed as a violation of this provision. (c) Interference with Administration: Except for the purpose of inquiries and investigations specifically authorized by this Charter or by law, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager or city attorney solely through the city manager or city attorney, respectively, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.

2.07 Forfeiture of Office.

Any councilmember shall forfeit theirhis/her office who (1) fails to qualify within 10 days after appointment or certification of election, or (2) is absent from the city continuously for more than 30 days without permission of a majority of the remaining councilmembers, or (3) fails to attend three consecutive regular meetings of the council without being excused by a majority of the remaining councilmembers, and the excuse entered in the minutes, or (4) fails to attend at least two-thirds of all regular meetings of the council during any 12-month period, or (5) is convicted of a violation of any express provision of this Charter or of a crime involving moral turpitude, or (6) attempts to influence the city manager or city attorney in the making of any appointment or in the purchase of supplies, or (7) lacks at any time during theirhis/her term of office any qualification for the office prescribed by this Charter or by law.

2.08 Vacancies in Office.

A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 3060 days after the same occurs, then the city clerk shall call a special election at once to fill such vacancy such vacancy shall be filled by the mayor. TheAn appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the

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manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.

2.09 Meetings. Generally.
(a) The council shall meet at the first regular council meeting in December following a general municipal election and canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor without continuing such action to a future date and time absent a unanimous vote of the Council, or a fire, flood, or other disaster. (b) The selection of the mayor and deputy mayor shall follow a rotational sequence as further specified by ordinance. The first person in the sequence shall be selected as mayor and the second person in the sequence shall be selected as deputy mayor. Except however, a council member may decline to serve as mayor or deputy mayor, in which case the office would pass to the next council member in the rotation, and the council member who declined would drop back one position. The rotational list shall be kept by the city clerk.
(c) The regular meetings of the council shall be held on the first and third Monday of each month at a time specified by resolution not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time certain, which adjourned meeting shall be a regular meeting for all purposes. The council may, in its discretion, change the date of any regularly scheduled Monday council meeting which would fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly scheduled Monday council meeting.

Except as otherwise provided by state law, all meetings shall be open to the public.

2.10 Place of Meetings.

All regular and adjourned regular meetings of the council shall be held in the City Hall, unless, by reason of fire, flood or other disaster, the City Hall cannot be used for that purpose, or the council determines that another location in the city would be more suitable due to the capacity or condition of the City Hall. (Res. No. 66 § 3, eff. 11-7-17)

2.11 Special Meetings.

Special meetings may be called and held in the manner and as provided from time to time by the general law of the state.

2.12 Rules and Journal.

The council shall adopt rules for conducting its proceedings, and shall provide for keeping a journal of its proceedings, which shall be a public record. A reasonable number of copies of such rules shall be made available in the office of the city clerk for inspection by members of the public, and copies shall be furnished by the clerk upon payment of a reasonable charge for same.

2.13 Quorum.

A majority of the council shall constitute a quorum for the transaction of any business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.

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2.14 Voting.

The affirmative vote of at least a majority of the council shall be necessary to adopt any resolutions, and the affirmative vote of a majority of the council shall be sufficient for adoption of ordinances except where a larger vote shall be required by law or other provisions of this Charter. Such votes shall be taken by "ayes" and "noes" and entered upon the record.

2.15 Ordinances, Generally.
(a) All proposed ordinances introduced in the council shall be in printed or typewritten form.

The enacting clause of all ordinances passed by the council shall read as follows: "The Council of the City of San Mateo ordains as follows:". The enacting clause of all ordinances initiated by the people shall read as follows: "The People of the City of San Mateo ordain as follows:". (b) No ordinance other than an emergency ordinance shall be passed by the council on the day of its introduction, nor within five days thereafter, nor at any time other than a regular or adjourned regular meeting.
(c) A notice of the general nature of the proposed ordinance or a copy thereof, and of the time and place for its consideration by the council shall be given to those news media to whom notice of special meetings of the council would be required under the general law of the state. A reasonable number of copies of the proposed ordinance shall be made available for public inspection at reasonable times in the clerk's office and at each of the city libraries, and such notice shall be given by the city clerk as soon as practicable following introduction of the ordinance. Failure to comply with this subsection shall not invalidate the ordinance, but a willful violation shall constitute a misdemeanor and malfeasance in office. (d) A proposed ordinance may be amended or modified between the time of its introduction and the time of its final passage, provided its general scope and original purpose are retained.

All ordinances shall be signed by the mayor and attested by the city clerk. Ordinances shall be published at least once in the official city newspaper before becoming effective; in lieu of publishing the full text of an ordinance, the city clerk may publish a summary of the scope and general purpose of the ordinance in the official city newspaper and post the full text of the ordinance in the office of the city clerk as well as publish the full text of an ordinance on the official city website.

2.16 Emergency Ordinances.

Any ordinance declared by the council to be necessary as an emergency measure for preserving the public peace, health, safety, or welfare and containing the reasons for its urgency, may be introduced and passed at one and the same meeting and, if passed by a majority of the council plus one, shall become effective immediately. As soon as practicable after its passage an emergency ordinance shall be published in the official city newspaper, but the validity of the ordinance shall not depend upon such publication. In lieu of publishing the full text of an emergency ordinance, a summary thereof may be published in the same manner as other ordinances. Every such ordinance, except one for emergency appropriations or calling an election, shall automatically stand repealed as of the ninety-first day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance if the emergency still exists.

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2.17 Investigations.

The council may make investigations into the affairs of the city and the conduct of any city department, office, or agency, and for this purpose may subpoena witnesses, administer oaths and affirmations, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be guilty of a misdemeanor.

2.18 City Attorney. Powers and Duties.

There shall be a city attorney who shall be appointed by and who shall serve at the pleasure of the council. The city attorney shall be an attorney at law licensed as such under the laws of this state, a specialist in municipal law, and must have been engaged in the practice of law for three years or have served in the capacity of municipal attorney or assistant municipal attorney for at least three years prior to appointment. The city attorney shall have the power and be required to:
(a) Serve as chief legal advisor to the council, the manager, and all city departments, offices and agencies.
(b) Prepare proposed ordinances and resolutions and advise the council as to their compliance with law and the provisions of this Charter, and draft contracts and other legal documents required by the council or other officials except as may be otherwise provided. (c) Prior to the general municipal election each two years to review all city ordinances and the Charter, and at the first regular meeting of the council after such election make recommendations to the council for amendments to or repeal of ordinances and enactment of new ordinances in the city attorney's opinion required to improve the ordinance code, and for any Charter amendments the city attorney may deem advisable. (d) Attend all meetings of the council unless excused by the council or the mayor. (e) Perform any other duties prescribed by law, this Charter, or ordinance, or as the council may from time to time require not inconsistent with law or this Charter.

The city council may authorize the city attorney to hire additional attorneys and personnel for the city attorney's legal staff. Except as may otherwise be provided in this Charter or in ordinances relating to personnel approved by vote of the people, the city attorney's staff shall be appointed by and serve at the pleasure of the city attorney.

The city attorney shall receive such compensation for services as the council shall determine. When the city attorney is an in-house employee of the city, the city council may remove the city attorney at any time by the affirmative vote of a majority of the council plus one.

2.19 Control of Legal Proceedings.

Acting through the city attorney, the city council shall have control of all legal business and may employ additional attorneys to take charge of any litigation or matter or to assist the city attorney therein.

ARTICLE III CITY MANAGER

3.01 Appointment. Qualifications. Compensation.

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There shall be a city manager who shall be appointed by and who shall serve at the pleasure of the city council. The city manager shall be appointed solely on the basis of the city manager's executive and administrative qualifications. The city manager shall receive such compensation for services as the council shall determine.

3.02 Removal.

The council may remove the city manager from office in accordance with the following procedures:
(a) The council shall adopt by affirmative vote of a majority of the council plus one a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed forty-five days. A copy of the resolution shall be delivered promptly to the city manager.
(b) Within five days after a copy of the resolution is delivered to the city manager, they he may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than fifteen days nor later than thirty days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing. (c) The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of the council plus one at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if the city managerhe has not requested a public hearing, or at any time after the public hearing if he the city manager has requested one.
(d) The city manager shall continue to receive their his salary until the effective date of a final resolution of removal. The action of the council in suspending or removing the manager shall be final.
(e) During the period of suspension and after the effective date of a final resolution of removal the powers of the city manager shall be exercised by an acting city manager until a new city manager is appointed and qualifies.
303 Acting City Manager.

By letter filed with the city clerk, the city manager shall designate a qualified city administrative officer to exercise the powers and perform the duties of the city manager during a temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return.

3.04 Powers and Duties of the City Manager.

The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the council for the administration of all city affairs placed in theirhis/her charge by or under this Charter. The city manager shall have the following powers and duties:
(a) To direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or by law.

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(b) To attend all council meetings, unless excused by the council or the mayor, and shall have the right to take part in discussion but may not vote.
(c) To see that all laws, provisions of this Charter and acts of the council, subject to enforcement by the city manager him/her or by officers subject to the city manager’s his/her direction and supervision, are faithfully executed. To prepare and submit the annual budget and capital program to the council.
(d) To submit to the council and make available to the public a report on the finances and administrative activities of the city as of the end of each fiscal year. (e) To make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the city manager’shis/her direction and supervision.
(f) To keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as he/shethe city manager deems desirable.
(g) To appoint such advisory boards as the city manager he/she may deem desirable to advise and assist the city managerhim in theirhis/her work, provided such boards shall not receive any compensation.
(h) At any time in the city manager’s his/her discretion, and with or without notice, examine or cause to be examined the conduct of any administrative officer or employee of the city. (i) To perform such other duties as are specified in this Charter or may be required by the council.

ARTICLE IV GENERAL ADMINISTRATION

4.01 Officers and Employees. Generally.

In addition to members of the city council, the mayor, city manager, and city attorney, the officers and employees of the City of San Mateo shall consist of those provided for in this Charter, and such other officers and employees as the council may provide by ordinance or resolution or as may be required by law from time to time.

4.02 Administrative Departments. Generally.

The city council may provide by ordinance for the organization, conduct, creation, and operation of the departments of the city, and for their consolidation, alteration, or abolition. When the positions are not incompatible, the city council may combine in one person the powers and duties of two or more officers. There shall be a separate Police Department and Free Public Library, each of which shall remain as a separate department with its own department head, provided, however, that the city council may enter into agreements with other agencies for the joint provision of police or library services.

The city council may assign additional functions or duties to offices, departments or agencies. No office provided by this Charter to be filled by appointment by the city manager may be consolidated with an office to be filled by appointment by the city council.

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Subject to the provisions of this Charter, the city council shall provide for the number, titles, qualifications, powers, duties, compensation, benefits, and other conditions of employment of all officers and employees. Salaries shall be fixed by resolution. (Res. No. 75 § 2, eff. 12-5-16)

4.03 New Department.

Each department created by the city council shall be headed by an officer as department head who shall be appointed by and serve at the pleasure of the city manager.

4.04 City Manager As Ex Officio Department Head.

Except as inconsistent with law or this Charter, with the consent of the city council the city manager may serve as the head of one or more of the administrative departments or may appoint one person as the head of two or more of them.

4.05 General Duties of Officers.

All officers who serve at the pleasure of the city manager shall have such duties as may be required of them by the city manager in addition to duties prescribed by law, by ordinance, or by this Charter.

4.06 Administrative Employees. Appointment and Removal.

Except as may otherwise be provided in this Charter or in ordinances relating to personnel approved by vote of the people, all administrative officers and employees shall be appointed by and serve at the pleasure of the city manager. With the consent of the city council, the city manager may authorize any administrative officer to exercise these powers with respect to subordinates in that officer's department.

4.07 Administering Oaths.

Each department head and deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to the department head's department.

4.08 Delivery of Properties to Successors.

All officers, boards, and commissions and members thereof shall surrender and deliver to their successors all official papers, books, documents, records, archives and other properties pertaining to their respective offices or departments in their possession or under their control.

4.09 City Clerk. Powers and Duties.

There shall be a city clerk, who shall be appointed by and serve at the pleasure of the city manager. The city clerk He/she shall be clerk of the council and keep an accurate record of all ordinances, resolutions and motions, shall have custody of the official seal and all official records committed to their his/her care, make affidavits and administer oaths without charge in matters affecting the business of the city, conduct elections, and shall perform the duties of a city clerk as provided by the general law of the state except as inconsistent with this Charter, and such other duties required by this Charter.

4.10 Treasurer/Fiscal Director. Powers and Duties.

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There shall be a city treasurer/fiscal director who shall be appointed by the city manager, subject to approval by the city council, and who shall serve at the pleasure of the city manager as the head of the finance department. The treasurer/fiscal director shall have the power and shall be required to receive and safely keep all money and securities belonging to the city, and pay out the same only on written authority of the city manager or other officer or officers designated by the city manager or as otherwise authorized by law, this Charter or ordinances adopted pursuant thereto, and not otherwise. The treasurer/fiscal director He/she shall also serve as ex officio tax and license collector for the city with the duties thereof as provided by ordinance or the general law of the state, unless the council by ordinance provides otherwise. The council may contract for the performance of the functions and duties of the treasurer/fiscal director.

Responsibility for the accounting system, accounts and controls, receipts and expenditures, and deposit and investment may be delegated by the city manager to the fiscal director. The fiscal director shall also have the power and be required to perform such other duties as are consistent with this Charter.

4.11 Librarian. Powers and Duties.

There shall be a librarian who shall be appointed by the city manager with the approval of the library board of trustees. The librarian shall serve at the pleasure of the manager, subject, however, to the power of the library board of trustees by the affirmative vote of a majority plus one to disapprove the suspension or removal of the librarian. The librarian shall be the department head, and subject to other provisions of this Charter, shall have charge of administration of the city libraries.

4.12 Human Resources Director. Powers and Duties.

There shall be a human resources director who shall be appointed by and who shall serve at the pleasure of the city manager. The human resources director shall have the responsibility of attending all meetings of any board or commission established to advise or deal with personnel matters, and shall administer laws, rules and ordinances affecting employees in the classified service not specifically reserved to the city manager or other officer or board or commission, by law, ordinance or this Charter, and shall establish and keep records of all officials and employees in the classified service. The human resources director shall have had at least three years progressively responsible experience in human resources administration and such other qualifications as may be required by ordinance. (Res. No. 66 § 3, eff. 11-7-17)

4.13 Oath of Office.

Every officer, whether appointed or elected, shall take the constitutional oath of office and subscribe thereto before entering upon the performance of the officer’s his/her official duties.

ARTICLE V FISCAL ADMINISTRATION

5.01 Fiscal Year.

Unless changed by ordinance adopted by the affirmative vote of a majority of the council plus one, the fiscal year shall begin on the first day of July and shall end on the last day of June of the following year.

5.02 Budget.

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Each department of the city shall provide, in the form and at the time directed by the city manager, all information required by the city manager to develop a budget, including capital accounts, conforming to modern budget practices and procedures as well as specific information which may be prescribed by the council. At least 30 days before the commencement of a fiscal year, the city manager shall prepare and present to the council in such form and manner as it may prescribe budget recommendations for the next succeeding fiscal year. Following a public budget hearing, the council shall adopt by resolution a budget of proposed expenditures and appropriations necessary therefor for the ensuing year, failing which the appropriations and budget for the fiscal year shall be deemed effective in the new fiscal year until the new budget and appropriation measures are adopted.

5.03 Budget Limitation.

The total proposed budget requirements shall not exceed total available resources. (Res. No. 66 § 3, eff. 11-7-17)

5.04 Unexpended and Unobligated Funds.

Unexpended and unobligated funds shall be held in reserve for contingencies or other purposes as determined by council. Funds held in reserve may be appropriated by resolution of the council, including, but not limited to, the annual budget resolution. (Res. No. 66 § 3, eff. 11-7-17)

5.05 Limitation on Reserves for Contingencies.

The council shall establish reserves which in its discretion are proper.

5.06 Budget Notices to Public.

On the first Monday and first Thursday in the last month of each fiscal year, the city manager shall cause to be published in the official city newspaper notice of the time for holding a public hearing on the budget. Copies of the proposed budget shall be made available for inspection by the public in the office of the city clerk at least 10 days prior to said hearing, and copies of the proposed budget shall be furnished at a reasonable charge to persons requesting same upon payment therefor.

5.07 Capital Program.
(a) The city manager shall annually prepare and submit to the council a five-year capital program at the same time budget recommendations for the next succeeding fiscal year are submitted to the council by the city manager.
(b) The capital program shall include:
(1) A clear, general summary of its contents.
(2) A list of all capital improvements which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements.
(3) Cost estimates, method of financing, and time schedules for each such improvement. (4) The estimated annual cost of operating and maintaining facilities to be constructed or acquired.

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(c) The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.

5.08 Capital Improvement Funds.

The council shall create a capital improvement fund with such capital improvement accounts as may be required to finance the improvements specified in the creation of such accounts, and each such account shall remain inviolate except for the purposes for which it was created, whether general or specific unless the use of any such account for some other capital improvement purpose is authorized by the affirmative vote of at least a majority of the council plus one. When the purpose of any capital improvement account has been accomplished, the council may transfer any unexpended or unencumbered surplus remaining in such account to any other general or specific capital improvement account.

5.09 Council Action on Capital Program.

On or before the last day of the first month of a current fiscal year the council, after due notice and public hearing, shall by resolution, adopt the capital program, with or without amendment thereto.

5.10 Other Funds.

The council shall create such other special funds as are required for proper accounting and fiscal management, or required as a condition of receiving funds from any other government or to fulfill any bonded or other contractual obligation of the city.

5.11 Levy of Property Tax. Procedure for Assessment and Collection.

To the extent that the Constitution does not limit the setting of the ad valorem property tax rate, the city council shall: Not later than the date set by state law for this purpose, the council shall by resolution fix the rate of property tax to be levied and levy the tax upon all taxable property in the city. Such rate shall be adequate to meet all obligations of the city for the fiscal year, taking into account estimated revenue from all other sources. Should the council fail to fix the rate and levy taxes within the time prescribed, the rate for the next preceding fiscal year shall thereupon be automatically effective, and a tax at such rate shall be levied upon all taxable property in the city for the current fiscal year. The procedure for the assessment and collection of taxes upon property, taxable for municipal purposes, shall be prescribed by ordinance of the city council.

5.12 Dollar Limit.

Repealed. (Res. No. 66 § 2, eff. 11-7-17)

5.13 Supplemental, Emergency, and Lapsed Appropriations. (a) Supplemental Appropriations: If during the fiscal year there are funds available for appropriation, the council by resolution may make supplemental appropriations. At any time during the fiscal year, the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department and, upon written request of the city manager, the council may by resolution transfer part or all of any unencumbered appropriation balance from one department to another; provided that no appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount

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required by law to be appropriated or by more than the amount of the unencumbered balance thereof.
(b) Lapsed Appropriations: Every appropriation, except an appropriation for a capital expenditure, grant funds, or other funds not within the budgeting authority of the city council, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. (Res. No. 66 § 3, eff. 11-7-17)

5.14 Accounting System.

The city manager shall establish and maintain a system of financial procedures, accounts, and controls for the city government and each of its departments, which shall conform to generally accepted principles of accounting which shall be adequate to account for all money on hand and for all income and expenditures in such detail as will provide complete and informative data concerning the financial affairs of the city and in such manner as the council may prescribe and as will be readily susceptible to audit and review.

5.15 Receipts and Expenditures.

All money received by the city shall be deposited in the city treasury and in institutions and investments authorized for cities by law, and no money shall be disbursed without the approval of the city manager or of another officer duly authorized by the city managerhim/her. No expenditure of city funds shall be made except for the purposes and in the manner specified by an appropriation of the council; nor shall any disbursement be made unless obligations are properly supported by accounting evidence and sufficient funds are available. The city manager or other officer authorized by the city managerhim/her to make disbursements shall be represented by the city attorney in all legal matters in connection therewith. (Res. No. 66 § 3, eff. 11-7-17)

5.16 Deposit and Investment.

The city manager shall arrange for the deposit in the city treasury and in institutions and investments authorized for cities by law of all funds collected by the city, according to a schedule prescribed by him/her. After taking into account the amounts necessary to meet the current and pending requirements of the city, the city manager may arrange for the term deposit in financial institutions authorized by law and investment in securities authorized by law of any balances available for such purpose and the yield therefrom shall be credited as revenue to the general fund unless otherwise provided by law or directed by the council.

5.17 Cash Pool Operations. Check System.

The council may by ordinance provide for financing of municipal obligations by cash pool operations, and for utilization of a check system, or other system equivalent or comparable thereto, including credit and debit cards, rather than the warrant system. Except for those funds restricted by bond indentures, state or federal law, other sections of this Charter or specific conditions of the legislation creating them, temporary transfers between funds are permitted.

The council shall from time to time by ordinance provide for methods for issuance of checks, drafts and/or other orders for payment of money in the name of the city, and for authorized signatures to negotiable instruments drawn in the name of the city, and may authorize facsimile as well as actual

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signatures to be valid and binding on the city, and shall prescribe such system as it shall deem advisable to protect against unauthorized issuance of checks, drafts or other orders for payment of money in the name of the city.

5.18 Payment of Salaries.

All demands for salaries which are fixed by law, resolution, or this Charter, shall be allowed and paid regularly without the necessity of any specific approval for each payment.

5.19 Surplus Bond Money.

All money derived from the sale of bonds, including premiums and accrued interest, shall be applied only to the purposes for which the bonds were issued. After such purposes have been fully completed and paid for, any remaining surplus shall be transferred to the fund established for meeting the interest and redemption of such bonds.

5.20 Purchases and Contracts.

The city manager or an officer authorized by the city managerhim/her shall purchase or contract for equipment, materials, supplies, and public works required by the city in the manner prescribed by ordinance.

5.21 Bids and Awards.

The council shall establish by ordinance the conditions and procedures for any purchase or contract, and establish advertising and bidding requirements, and may provide that all bids may be rejected. The ordinance may provide that under specified conditions which the awarding authority must find and determine to exist in each applicable instance, advertising and bidding may be dispensed with, except the ordinance may provide that where the expenditure required for a purchase or contract does not exceed a sum fixed by the ordinance advertising and bidding shall be dispensed with unless the council shall for a particular purchase or contract order advertising and bidding.

5.22 Official Bonds.

The council shall determine which officers and employees shall give bonds for the faithful performance of their official duties, and fix the amount of said bonds and provide for payment of the premium of such bonds by the city. Such officers and employees, before entering upon their official duties, shall execute a bond to the city in the penal sum required, which bond shall include any other offices of which they may be ex officio incumbent. Said bonds shall be approved by the council and filed with the city clerk.

5.23 Revenue Bonds.

The council may issue revenue bonds for any lawful purpose in such manner and upon such terms and conditions as it may fix and establish by the provisions of a procedural ordinance.

5.24 Public Improvements and Street Work.

All public improvements, including improving, widening or opening of streets or highways, may be done under and in pursuance of the general law of the state or procedural ordinances adopted by the council or the electors, and the whole or any portion of the cost thereof paid by the city or assessed on the

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property benefitted; provided that, except in a case of actual emergency the nature and existence of which is found and determined by resolution adopted by unanimous vote of the council, no public improvements to be financed by a bonded indebtedness of a city-wide district to be created under ordinances heretofore or hereafter enacted shall be made unless the indebtedness is authorized by vote of the people as required under state law for issuance of general obligation municipal bonds.

5.25 Franchises.

Every franchise, contract, or privilege for a public utility to construct, maintain, or operate any railroad or other means of transportation in or over any street or highway, or to lay pipes or conduits, or erect poles or wires or other structures in or across any street or highway for the transmission of gas, electricity, or other commodity or utility, or for the use of public property or places now or hereafter belonging to the city, shall be granted by the city council pursuant to ordinance or the general laws of the State upon such terms and conditions as the city council deems proper.

No franchise, privilege, or contract shall be construed to impair or affect the right of the city to acquire the property of the grantee either by purchase or through the exercise of the right of eminent domain.

5.26 Auditing.

The council shall employ, by majority vote, a certified public accountant, or a firm of certified public accountants as independent auditor to conduct an annual audit and examination of the fiscal administration of the city. Copies of the annual audit and report shall, within a reasonable time after receipt thereof by the council, be furnished at a reasonable charge to persons requesting same upon payment therefor.

Unless the council shall by ordinance make other provision for the performance of the following functions, the independent auditor shall by contract also be required:
(a) To make such periodic examinations of the systems and procedures of the city for the receipt, disbursement, and accounting for funds of all types as are necessary to satisfy the auditor that such systems and procedures are efficient and give adequate protection for safeguarding city assets, protect against improper disbursements and assure reasonable protection against irregularity or defalcation.
(b) To make such sample tests, observations, inquiries and independent substantiations as are necessary to satisfy the auditor, within reason, that there is proper compliance with prescribed systems and procedures or in the operation thereof.
(c) To report the results thereof periodically to the city manager and the council, and report to the council instances of non-compliance with prescribed or recommended fiscal or accounting procedures where recommendations for compliance have not been implemented after reasonable time and opportunity.

The council may direct the city manager to report on the action taken or to be taken to remedy deficiencies reported by the auditor.

ARTICLE VI BOARDS AND COMMISSIONS

6.01 Library Board of Trustees. Powers and Duties.

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There shall be a library board of trustees consisting of five members which shall have the power and duty to:
(a) Exercise the sole responsibility for establishment from time to time of library department policy in selection of books, reading, visual, auditory and like material to be acquired or purchased and the classification thereof, subject, however, to limitations of the budget for such purposes.
(b) Make and enforce such bylaws, rules and regulations as may be necessary or appropriate in the maintenance and operation of public libraries free to the permanent inhabitants and non- resident taxpayers of the city, including fines, penalties, and provision for collection of obligations to the library.
(c) Accept in the name of the city, money, personal property, or real property donated to the city for library purposes, subject to approval of the council, except that unless the council by ordinance provides otherwise, the board shall have the power to accept gifts other than real property in an amount or value of Five Hundred Dollars or less for library purposes or use without specific consent of the council where no obligation attaches to the city other than use for benefit of the libraries, and to hold, convert to cash, invest in insured savings, or expend same for the use and benefit of the libraries.

Funds received by way of gift or bequest for the benefit of the city libraries shall not be subject to appropriation for other purposes, nor other than as provided by the donors except as may be authorized by a court of competent jurisdiction.
(d) Hold in trust and provide for the proper application and use to the library of any gift, devise, or bequest in accordance with the terms and conditions thereof where payment into the city treasury is inconsistent with such terms and conditions, provided the council shall first have approved acceptance of such terms and conditions.
(e) Approve or disapprove the appointment of the librarian, and disapprove of the suspension or removal of the librarian by the affirmative vote of a majority plus one of the board. (f) Sell or otherwise dispose of surplus books and other excess materials peculiar to a public library under such procedures and upon such conditions as the council shall by ordinance prescribe.
(g) Establish conditions under which non-residents may exercise library privileges. (h) Serve in an advisory capacity to the librarian, city manager and council with respect to the establishment, maintenance, operation and management of the city libraries, and have and exercise such other powers, duties and responsibilities with respect to the libraries as may be prescribed by ordinance not inconsistent with law or this Charter.

The council may by ordinance from time to time prescribe appropriate procedures for the purchase of books and other materials peculiar to the libraries.

6.02 Library Fund.

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At such times that the council sets the tax rate, the council shall provide for maintaining the libraries and the operation thereof, and apportion the revenue thus provided to a fund designated in the budget as the library fund. Such tax shall be in addition to other taxes permitted in the municipality, but shall not exceed Thirty Cents per One Hundred Dollars assessed valuation. Payments from the library fund shall be made for all claims properly chargeable against the same.

6.03 Library Board of Trustees. Appointment, Removal, Terms.

Members of the library board of trustees shall be appointed in the same manner and for the same terms, and subject to the same limitations, as in this Charter provided for city commissions in general, except that a member of the library board of trustees shall be subject to removal from office by action of the council only after being furnished on demand a written statement of the cause and being afforded an opportunity for a public hearing.

The incumbent members of the library board of trustees at the time this Charter takes effect, and any successor by appointment to fill any vacancy then existing, shall constitute the first library board of trustees under this Charter.

6.04 Planning Commission. Other Boards and Commissions.

In addition to the library board of trustees there shall be a planning commission which shall have the powers and duties from time to time provided by law or by ordinance.

There shall also be such other boards and commissions as may from time to time be established by ordinance adopted by the council or approved by the people. Except as may otherwise be provided by this Charter, or ordinance of the council or ordinance approved by the people, all such other boards and commissions now or hereafter established shall be for advisory purposes only to the council, the city manager, or to departments within the city. A board or commission shall be considered to be advisory even if it is authorized to take final action subject to appeal to the city council.

6.05 Composition. Qualifications. Terms and Limits of Terms.

The members of all boards and commissions created by ordinance or by this Charter shall be appointed by the council, and shall at the time of appointment and while serving possess the same qualifications as required by this Charter for election or appointment to the councilbe a resident of the city at least 18 years of age.

The number of members of such a board or commission shall not exceed the authorized number of members of the city council unless the ordinance establishing such additional number be approved by vote of the people or by unanimous vote of the council.

The members of such boards and commissions shall be appointed for terms of four years, except that if the ordinance provides, initial terms may be pared by lot as necessary so that each year one or more terms will expire.

The terms of office of existing boards or commissions having regular terms of more or less than four years shall be pared or extended as to incumbents in such manner as the city council shall determine so as to establish four-year terms in conformity with this section within two years after this Charter goes into effect.

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No member of a board or commission shall be eligible for reappointment to the same board or commission after serving two consecutive four-year terms provided that no partial term of office shall be counted as any portion of the consecutive terms.

6.06 Payment of Expenses. Prohibition of Compensation.

The members of such boards and commissions shall receive no compensation for their services as such, but may receive reimbursement for their actual and necessary expenses authorized by the city council and incurred in performance of their duties of office upon presentation of verified claims therefor on uniform forms to be prescribed by resolution of the city council.

6.07 Appropriations for Boards and Commissions.

The city council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions.

6.08 Removal from Office. Vacancies.

Members of such boards and commissions shall serve at the pleasure of the city council, and any member may be removed by the vote of a majority of the council plus one. If a member of a board or commission absents himself themselves from three consecutive meetings unless by permission of the board or commission expressed in its minutes, or is convicted of a crime involving moral turpitude, or loses the qualifications required for appointment in the first instance, theirhis office shall automatically become vacant and shall be so declared by the city council.

Any vacancies shall be filled by appointment by the city council for the remainder of the unexpired term.

6.09 Special Committees. Limitations.

The city council may from time to time establish citizens or taxpayers' committees for specific advisory purposes only, and for periods not exceeding two years. Such a committee may be renewed or extended by action of the council anew for a period not exceeding the original term of the committee. The city council may include in its annual budget, or in interim appropriations, such funds as in its opinion shall be sufficient to accomplish the purpose of such committees.

6.10 Ex Officio Members.

The city manager and the city attorney, or their representatives, and a representative from the city council, shall be ex officio members of all boards, commissions, and committees. The council may in the ordinance establishing any advisory board, commission, or committee provide for additional ex officio members who shall be appointed by the council for such terms as may be prescribed but who need not possess the qualifications required of regular members. Ex officio members shall have the same rights as official members including the right to attend meetings and participate in discussions, but shall not be entitled to vote.

6.11 Power of Subpoena. Limitations.

No board, commission, or committee shall have the power of subpoena to compel attendance of witnesses, to examine them under oath, to compel production of evidence before it and to administer oaths and affirmations, unless such power shall be granted by ordinance approved by a majority of the

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city council plus one. The power of subpoena being so granted, the same may be exercised by issuance of subpoena by the city clerk upon application in writing by the city attorney, by the chairperson of the board, commission, or committee, or by a majority of the board, commission, or committee.

Disobedience of a lawful order issued in exercise of such powers shall be a misdemeanor.

6.12 Declaration of Policy. Citizen Participation.

It is and shall be the policy of the City of San Mateo to foster a climate of human relations favorable to the full acceptance and participation of all citizens in the community in the economic, educational, political and cultural aspects of the community and opportunity to share in the benefits thereof without regard to race, religion, gender, national origin, or other factors which are prohibited from discrimination in appointments to local government boards, commissions, and committees by federal or state law.

To that end, and to secure for the city the benefit of the talents, skills and counsel of public-spirited and dedicated citizens in all areas of local government, it is the policy of the city that advisory boards, commissions and committees be established from time to time as the council deems appropriate in furtherance of community progress and harmony, and the solution of community problems.

ARTICLE VII ELECTIONS

7.01 General Municipal Elections.

General municipal elections shall be held in the city on the first Tuesday after the first Monday in November of each even-numbered year, in the manner provided by state law governing elections in general law cities; provided, that in the event any other election shall be held in the city in the month of November of the same year, the council may consolidate the general municipal election with such other election whenever practicable, and shall in any event call and schedule the general municipal election for the same date as any such other election. (Res. No. 65 § 3, eff. 11-7-17)

7.02 Special Municipal Elections.

Special municipal elections may be called and held in accordance with and in the manner provided by state law governing elections in general law cities.

7.03 Initiative, Referendum and Recall.

The people of the city reserve to themselves the powers of initiative, referendum, and the recall of elected officials, to be exercised in accordance with and in the manner provided by state law governing general law cities.

7.04 Reserved. Verified Statement of Candidates.
(a) No earlier than the first day, and no later than the last day, specified or provided under state law for the filing of nomination papers by any candidate for elective municipal office in general law cities, as such law shall be in effect on the first day of January next preceding the municipal election, each candidate for an elective office shall file with the city clerk a statement containing the following information in the order herein set forth:
(1) His/her name;

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(2) The office for which he/she is a candidate;
(3) His/her present residence and occupation;
(4) The various kinds of business or employment he/she has been engaged in during the past five years and where, also the positions of importance and trust which he/she may have held in connection therewith;
(5) The civic, improvement or other organizations which he/she has been a member of within the past five years and the positions of honor or trust, which he/she may have held therein;
(6) The public offices he/she ever held, if any, as principal, deputy or employee; (7) The experience, training or education he/she has received which, in his/her opinion, would qualify him to fill the office for which he/she is a candidate; (8) The length of time he/she has been a resident in the city; (9) The principal public improvements or betterments which he/she would urge the accomplishment of if elected;
(10) The names of not more than 15 residents who know something of his/her character and abilities;
(11) Any other information which, in his/her opinion, would enable the electors to determine his/her qualifications for said office.
(b) Said statement shall be verified, and be accompanied by a photograph of the candidate taken within the past two years.
(c) The city clerk shall cause the publication of the statements of each candidate so filed, with the candidate's photo engraving annexed thereto, in the official city newspaper by two insertions therein prior to the day of election. No response to any one of the various requirements above- mentioned shall exceed 100 words in length. (d) The failure to submit the statement or other information shall not disqualify the candidate.

ARTICLE VIII PARKS

8.01 Dedication for Park Purposes.

Lands owned by the City which are more than four acres in size and which are dedicated by ordinance of the City Council for park, playground, recreation, or open space purposes shall not thereafter be sold or otherwise disposed of, nor converted to different purposes, except pursuant to majority vote of the electorate. The City Council may lease such dedicated lands for park, playground, recreation, or open space purposes. "Majority vote of the electorate" shall mean majority of the persons voting on the measure.

8.02 Conveyance of Minor Portion.

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Without an election, the City Council may convey a minor portion of such dedicated lands after (a) notice and public hearing, (b) determination that the conveyance is in the public interest, and (c) adoption of a resolution authorizing the conveyance.

ARTICLE IX MISCELLANEOUS

9.01 Personal Financial Interest.

City officers and employees shall comply with the general law regarding disclosure of and disqualification on account of personal financial interests.

9.02 Prohibitions.
(a) Activities Prohibited:
(1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office on account of any matter that constitutes employment discrimination in state or federal law.
(2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification, or appointment under the personnel provisions of this Charter, or ordinances relating to personnel, or rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (3) No person who seeks appointment or promotion with respect to any city appointive position or appointive city office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with the person’s his/her test, appointment, proposed appointment, promotion or proposed promotion.
(4) No city officer or employee shall grant special consideration, treatment, advantages, or use of city-owned property to himself/herself or any citizen beyond that which is available to every other citizen, nor shall any city officer or employee charge or collect any fee, commission or percentage by way of compensation to himself/herself. (b) Penalties: Any person who alone or with others willfully violates any of the foregoing provisions of this section shall be guilty of a misdemeanor. Any person convicted under this section shall be ineligible for a period of five years thereafter to hold any office or position with the city, and, if an officer or employee of the city, shall immediately forfeit theirhis office or position.
(c) The council may by ordinance define, prohibit, and provide penalties for substantial conflicts of personal interest of city officers and employees.

9.03 Nepotism.

The city council shall not appoint to a salaried position under the city government, or to any board or commission, any person who is a relative by blood or marriage within the third degree of any one or

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more of the members of such city council, nor shall any department head or other officer having appointive power appoint any relative of theirshis/her or of one or more of the members of such city council within such degree to any such position.

9.04 Dual Offices.

Any elective officer of the city who shall accept or retain any other incompatible elective public office shall be deemed thereby to have vacated theirhis/her office under the city government.

9.05 Violations of Charter and Ordinances.

The violation of any express provision of this Charter shall be deemed to be a misdemeanor as well as any violation specifically declared herein to be a misdemeanor. Such violations shall be punishable by fine not exceeding One Thousand Dollars or by imprisonment for not exceeding six months, or by both such fine and imprisonment. The violation of an ordinance shall be punishable as in the ordinance. The city council by ordinance may establish civil penalty provisions.

9.06 Municipal Affairs.

The city may adopt and enforce all ordinances, resolutions, and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in this Charter and the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers, and privileges, including proprietary powers, heretofore or hereafter established, granted, or prescribed by any law of the State, by this Charter, or by any other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California, including all powers not in conflict with the provisions of this Charter now or hereafter granted to cities organized under the general law of the State of California. The enumeration in this Charter of any power shall not be held to be exclusive of or a limitation upon this general grant of power. To the extent permissible by law, general laws of the State, even in the absence of council action, shall not be of any force or effect insofar as they attempt to regulate municipal affairs.

9.07 Official City Newspaper.

The council periodically shall advertise for or call for the submission of sealed proposals or bids from all newspapers adjudicated to be newspapers of general circulation within the city, or if none, then from newspapers adjudicated to be newspapers of general circulation with in the County of San Mateo, for the publication of all ordinances and other legal notices required to be published.

The council may designate the requirements for award of contract. The contract therefor shall be awarded to the lowest responsible bidder, provided the rates for such publication shall not exceed the customary rate charged for publishing legal notices of a private character. The newspaper to whom such contract is awarded shall be known and designated as the official city newspaper.

In the event no such newspaper will contract with the city as herein provided, or if the official city newspaper is not published, then notice of the matters required to be published in the official city newspaper shall be given by posting copies thereof at three or more public places in the city as designated by the council, and such posting shall be equivalent to legal publication.

9.08Definitions.

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Unless the provision or the context requires otherwise, as used in this Charter: "shall" is mandatory and "may" is permissive; "law", "state law", "general law", and similar terms, mean the law as it now exists or may hereafter be enacted applicable to general law cities in this state; "state" means the State of California; "county" means the County of San Mateo; "city" means the City of San Mateo; nouns or pronouns includes the masculine, feminine, and the neuter, and the singular includes the plural.

9.09 Severability.

If any section or subsection of this Charter, or the application thereof, is held invalid, that invalidity shall not affect the validity and enforceability of any other section or subsection and this Charter shall continue in full force and effect as if the invalid section or subsection were not a part of the Charter.

ARTICLE X TRANSITIONAL PROVISIONS

10.01 Continuing Officers and Employees.

Until the election or appointment and induction into office of the officers and employees in this Charter provided for, the present officers and employees shall without interruption, continue to perform the duties of their respective offices and employments, and until otherwise provided by ordinance or resolution adopted pursuant to this Charter.

10.02 Continuing Ordinances in Force.

All lawful ordinances, resolutions, and regulations in force at the time this Charter takes effect, and not inconsistent with its provisions, are hereby continued in force so far as not inconsistent until the same shall have been duly amended, repealed, or superseded. To the extent the same are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto they are repealed as of the effective date of this Charter.

10.03 Continuing Contracts in Force.

All vested rights of the city shall continue and shall not in any manner be affected by the adoption of this Charter; nor shall any right, liability, pending suit or prosecution, either in behalf of or against the city, be affected by the adoption of this Charter. All contracts entered into by the city prior to the taking effect of this Charter shall continue in full force and effect. All public work begun prior to the taking effect of this Charter shall be continued and perfected hereunder.

10.04 When Charter Effective. Temporary Ordinances.

This Charter shall go into effect for all purposes at the first regular meeting of the city council following approval of this Charter by the legislature. At that meeting or at any meeting held within sixty days thereafter the council may adopt temporary ordinances, plainly labeled as such, to deal with cases of urgent need for prompt action in connection with transition of government in which delay incident to appropriate ordinance procedures would probably cause serious hardship or impair effective city government. Such a temporary ordinance may be adopted with or without amendment at the meeting at which it is introduced and may be made effective immediately, and shall not be subject to the referendum, but it shall stand repealed on the ninety-first day following its adoption and shall not be renewed or otherwise extended as a temporary or emergency ordinance. It shall be published in the same manner as an emergency ordinance.

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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: PUBLIC HEARING Account Number: 10-1711 File ID: 24-8693 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: May 6, 2024
SUBJECT: Council Member Compensation – Ordinance Introduction RECOMMENDATION:

Introduce an ordinance increasing compensation for City Council members from $600 per month to $1000 per month, effective January 2025.

BACKGROUND:

On January 2, 2024, staff presented information to the City Council regarding a potential increase to Council member compensation. As stated in that staff report, the City Charter states that, “The mayor and other members of the city council shall each receive $600.00 per month compensation for their services as council. Compensation may be adjusted in the manner authorized by the general laws of the State for general law cities of the same population as San Mateo.” Chart. §2.03. The Charter therefore builds in flexibility to adjust Council compensation consistent with general law cities without a Charter amendment.

Under state law SB 329 (2023) effective on January 1, 2024, compensation for council members in general law cities may be increased, and for cities between 75,000 and 150,000, the maximum compensation will be $1,900 per month, although inflationary or other limited increases are permitted as specified. Automatic future increases are prohibited. Govt. §36516(a)(5). Any adjustment to Council compensation must be accomplished by ordinance. At the January 2 study session, a majority of the City Council directed staff to proceed with increasing monthly compensation to $1000.

The current Charter language and compensation amount was set by Measure F, approved by the voters on November 5, 2002. Thus, more than twenty-one years have passed since the last increase in Council compensation. Applying a salary increase of 5% per year since the last adjustment in 2002 would have resulted in a current monthly salary of one thousand two hundred and thirty dollars ($1,230). According to a California Attorney General opinion, the 5 percent increase is not compounded, meaning that the 5 percent salary increase authorized for city council members “is to be applied to the currently received salary amount for the total number of years since the last salary adjustment.” 89 Ops Cal Atty Gen 159, 161-62 (2006). This information is also included in the draft ordinance as proposed findings, as required by state law.

Also, a salary increase for the Council may only take effect once a council member commences a new term. Specifically, “a change in compensation does not apply to a council member during the council member's term of office. This prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office.” Govt. §36516.5. What this means is that if the Council chooses to approve a salary increase, it will not apply until after the next municipal election. To that end, the proposed ordinance is drafted to provide for increased compensation as of January 6, 2025, which is the beginning of the first full pay period in 2025, after the November 5, 2024 consolidated election. Certification of the election is anticipated at the December 9, 2024 regular Council meeting.

Procedurally, the Council must consider the proposed ordinance during at least two regular meetings at least seven days

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apart, and it may not be adopted at the first meeting. Govt. §36516(g). This prevents consideration of the ordinance during special meetings or adoption as an urgency (emergency) ordinance.

BUDGET IMPACT:

The anticipated cost of the proposed compensation increases for Fiscal Year 2024-25 is $14,750, which covers the period from January 2025 through June 2025. The annual cost for a full fiscal year is estimated to be approximately $29,500. If approved, the revised Council compensation will be included in future personnel budgets.

ENVIRONMENTAL DETERMINATION:

This proposed ordinance 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, and because it is a fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4),(5).)

NOTICE PROVIDED
All meeting noticing requirements were met. Additionally, a public hearing notice was published for this item.

ATTACHMENTS
Att 1 - Proposed Ordinance

STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020

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DRAFT ORDINANCE
Adding Section 2.03.020 “City Council Compensation” to the San Mateo Municipal Code WHEREAS, on November 5, 2002, the voters approved Measure F, which amended San Mateo City Charter section 2.03 by increasing the monthly compensation for members of the City Council from $300 per month to $600 per month and by further providing that compensation may be adjusted in the manner authorized by state law for general law cities with the same population as San Mateo; and WHEREAS, Government Code section 36516, as amended by Senate Bill 329 (2023) effective January 1, 2024, specifies the maximum amount of salary that may be approved by an ordinance passed by the City Council, based upon the population of the City; and
WHEREAS, the same state law authorizes salaries up to and including one thousand nine hundred dollars ($1,900) per month in cities with a population of over 75,000 up to and including 150,000; and WHEREAS, the City of San Mateo has a population of approximately 105,000; and WHEREAS, Government Code section 36516 also authorizes salary increases beyond the amounts therein specified, in an amount equal to five percent (5%) for each calendar year from the operative date of the last salary adjustment; and
WHEREAS, more than twenty-one years have passed since the last compensation increase. Applying a salary increase of 5% per year since the last adjustment in 2002 would have resulted in a current monthly salary of one thousand two hundred and thirty dollars ($1,230); and WHEREAS, the City Council finds that the City Council salary has not kept pace with inflation and adjusting its salary to that provided by state law may help the city council to become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families; and WHEREAS, the City Council further finds that the time spent by councilmembers has increased, and those who are employed potentially have their earnings adversely affected; and WHEREAS, the City would benefit from a diverse candidate pool in future elections from differing demographic backgrounds and geographic areas of the City.

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

Section 1. The recitals set forth above are incorporated herein by reference as findings of the City Council pursuant to Government Code section 36516(g)(2).

Section 2. Section 2.03.020 of the San Mateo Municipal Code is added to Chapter 2.03 as follows:

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8 2.03.020 City Council Compensation
Effective January 6, 2025, council members shall receive a monthly salary of one thousand dollars ($1,000) per month in accordance with City Charter section 2.03 and Government Code section 36516.

Section 3. Environmental Determination. Adoption of this ordinance does not qualify as a “project” pursuant to the California Environmental Quality Act (“CEQA”), because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment, and because it is a fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4),(5).) Section 4. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 5. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 6. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

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