Agenda packet, regular meeting — San Mateo City Council, July 15, 2024 (part 2 of 3)

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4 Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

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

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

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

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

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

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

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

H. Shop drawings are not Contract Documents.

7.11 Warranties and Guarantees
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. RPR and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee.

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

7.13 Indemnification
A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and RPR, and the officials, employees, and agents, of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of RPR, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of

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

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4 the Work. Contractor will defend Owner, its elected and appointed officials, employees, and agents against any such claims. However, this provision does not apply to claims, loss, liability, damage, or expense arising from the active negligence, sole negligence or willful misconduct of the Owner.

ARTICLE 8 - OWNER’S RESPONSIBILITIES

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

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

C. Owner shall provide Site and easements required to construct the Project.

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

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

F. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

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

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

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

ARTICLE 9 - RPR’S STATUS DURING CONSTRUCTION

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

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

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

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

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

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

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

ARTICLE 10 - CHANGES IN THE WORK

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

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

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

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

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

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

ARTICLE 11 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

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

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4 respect to an emergency) until receipt of a written statement permitting Contractor to do so.

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

1. Review the subsurface or physical condition in question;

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

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

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

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

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

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

ARTICLE 12 - CLAIMS AND DISPUTE RESOLUTION

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

B. The party receiving a claim shall review it thoroughly, giving full consideration to its merits.

The two parties shall seek to resolve the claim through the exchange of information and direct negotiations. All actions taken on a claim shall be stated in writing and submitted to the other party.

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

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

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

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

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

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

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

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

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

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

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

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

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

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

ARTICLE 14 - PAYMENTS TO CONTRACTOR

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

14.02 Applications for Payments:

A. Contractor shall submit an application for payment in a form acceptable to the RPR, no more frequently than monthly, to RPR. Applications for payment will be prepared and signed by

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4 Contractor. Contractor shall provide supporting documentation required by the Contract Documents. Payment will be paid for Work completed as of the date of the application for payment.

B. Beginning with the second application for payment, each application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior applications for payment.

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

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

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

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

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

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

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

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

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4 14.07 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete, RPR will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

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

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

1. All documentation called for in the Contract Documents;

2. Consent of the surety to final payment;

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

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

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

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

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

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

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 16 - CONTRACTOR’S REPRESENTATIONS

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

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

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

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

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

5. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

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

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

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

9. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that, without exception, all prices in the Contract are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 17 - MISCELLANEOUS

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

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

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4 17.03 No Waiver
A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

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

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

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

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

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

17.09 Severability
A. If any part or provision of the contract 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.

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

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4 17.11 Warranty
A. 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.

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

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

OWNER: CONTRACTOR:

By: Matt Fabry By: Young Kang
Title: Public Works Director Title: President
Address for giving notices: Address for giving notices:
330 West 20th Avenue 783 Phillips Drive
San Mateo, CA 94403 City of Industry, CA 91748
License No.: CA License # 858483
(where applicable)

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney

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EXHIBIT A

SCOPE OF WORK

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EXHIBIT B

INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS
ARTICLE 18 - MINIMUM SCOPE AND LIMIT OF INSURANCE

18.01 Contractor shall procure and maintain for the duration of the contract, and for five (5) 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.

18.02 Coverage shall be at least as broad as:

A. 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.

B.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.

C.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.

D.Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

E.Surety Bonds as described below.

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

G.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.

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

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

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

ARTICLE 19 - OTHER INSURANCE PROVISIONS

19.01 The insurance policies are to contain, or be endorsed to contain, the following provisions:

A.The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

B. 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 City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

B. If the project does not involve new or major reconstruction, at the option of the City, 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 City’s site.

19.03 Claims Made Policies
A. 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 cancelled 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.

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

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability 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.

19.04 Acceptability of Insurers
A. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

19.05 Waiver of Subrogation
A.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 City for all work performed by the Contractor, its employees, agents and subcontractors.

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

19.07 Subcontractors
A. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City 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.

19.08 Surety Bonds.

A. Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

3. Maintenance Bond
B. 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.

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19.09 Special Risks or Circumstances.

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

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-8846 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:
2nd and El Camino Garage Improvements Phase 1 – Change Order RECOMMENDATION:

Approve Contract Change Order No. 1 to the construction contract with Angeles Contractor, Inc. in the amount of $754,783.85, for a revised not-to-exceed contract amount of $1,446,693.80; increase the contingency reserve amount by $75,000, for a revised total contingency reserve of $180,000; and authorize the Public Works Director execute Change Order No. 1 in substantially the form presented and issue additional change orders within the contingency amount.

BACKGROUND:

The 2nd & El Camino Garage has served the San Mateo downtown community for over seventy-five years. The 2nd & El Camino Garage is a concrete structure that has 385 parking spaces spanning five and a half stories. In 2020, the City Council created a directive to prioritize condition assessments for all downtown parking garages starting with this location due to the extent of visual deterioration and history of safety concerns. That year, a Certified Access Specialist (CASp) report identified multiple areas that are out of accessibility compliance such as the slope along the path of travel, stairs, transitions, and lighting. A structural assessment identified concrete façade panel connections to be either broken or deteriorated and wheel stops were found to be broken and/or missing. Damaged vehicle barriers, corroded tube steel lintels, missing waterproofing at major structural joints, concrete cracking and spalling throughout, exposed rebar on the driving surface, faded striping, and missing wayfinding indicators were all items that require attention. In 2022, a structural investigation identified exposed, ruptured, and corroded post-tension beam tendons in various areas, which require immediate attention to restore the integrity of the structure.

The design documents for repairing the post-tensioned beam tendons were produced in 2023 and the project was awarded for construction in the amount of $691,909.95 to Angeles Contractor, Inc. in January 2024. In February 2024, City Council approved a professional services agreement with a structural engineer to monitor the structure during the construction phase to observe, identify, and document structural changes as they occur.

In late April 2024, additional cracks were discovered at critical structural beam locations, compromising the integrity at each level of the parking garage. The structural engineer was immediately directed to provide additional services to perform scanning, sampling, testing, and designing a solution to mitigate further damage at these locations. In May 2024, City staff approved the design to install Fiber Reinforced Polymer (FRP) at nine (9) locations throughout the parking garage and directed Angeles Contractor, Inc. to perform the work during the planned closure of the garage from June 2024 through mid-August 2024. Installation of FRP is expected to extend the life of the garage for two years, at which time the City will need to make more significant investments in the garage to keep it open for the long-term. Those investments are anticipated to cost more than $15 million, funding for which is yet to be identified.

The scope of these additional services are beyond the original contract scope and contingency but were necessary to

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immediately be implemented due to the potential safety risks. As a result, the exception to comply with typical purchasing policies per Municipal Code Section 3.60.050(a) where any emergency exists affecting or threatening to affect the public health, safety, or welfare, was utilized to direct and perform the work. The FRP installation is currently in progress and on schedule.

Based on the above, staff recommends Council approval of Contract Change Order No. 1 to Angeles Contractor, Inc.

BUDGET IMPACT:

There is sufficient funding available in the Parking Facility Structural Repairs (46F025) project to issue this change order.

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 – Contract Change Order No. 1

STAFF CONTACT
Steve Wu, Project Manager II
[email protected]
(650) 522-7345

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C:\inetpub\wwwroot\multitenant\temp\Att1 - Contract Change Order No.pdf

CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER #1
PROJECT: 2 nd and El Camino Garage Improvements Phase 1 TO: Angeles Contractor, Inc.
783 Phillips Drive
City of Industry, CA 91748
CONTRACT CHANGE ORDER NO. 1 Page 1 of 1
PO/SCON No. 0001016 Date 7/15/2024
Fund 590
Cost Center Facilities
Spend Category Other Contractual Services
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

DESCRIPTION OF WORK
Following is a description of work to be done, estimate of quantities, and prices to be paid.

On January 16, 2024, City Council awarded a construction contract to Angeles Contractor, Inc. to improve the 2nd and El Camino Garage Improvements project in the amount of $691,909.95.

This change order is for the fabrication and labor to install fiber reinforced polymer at critical beam locations that were not included in the base bid, and the amount of $754,783.85 will be added to the base bid amount.

Exhibit A - Supplemental Work Order
Total cost of change not to exceed: $754,783.85
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

By reason of this proposed change, 0 days extension of time will be allowed.

Date Accepted:

Contractor (Angeles Contractor, Inc.)
By:

Title:

DISTRIBUTION: Purchasing, City Clerk, Contractor, Construction Manager, Project Analyst, Project File
Original Contract Price $691,909.95
Previous Change Orders $0.00
Total to date $691,909.95
This Change Order $754,783.85
Revised Contract Price $1,446,693.80
Date Approved:

By:

Matt Fabry, Public Works Director
NOTE: This change order is not effective until approved by the Public Works Director.

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EXHIBIT A

SUPPLEMENTAL WORK ORDER

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 10-4666 File ID: 24-8785 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Transportation Development Act Article 3 - Grant Acceptance and Budget Appropriation RECOMMENDATION:

Adopt a Resolution to accept a Transportation Development Act Article 3 grant award from the Metropolitan Transportation Commission in the amount of $253,800 and to appropriate the grant funding and $28,200 in Measure A funds as local match to the San Mateo Caltrain Station North Access Improvement Project; and authorize the City Manager to execute all required grant documents in substantially the form presented.

BACKGROUND:

The Public Works Department applied to the Metropolitan Transportation Commission (MTC) for a Fiscal Year 2023-24 Transportation Development Act (TDA) Article 3 grant for the San Mateo Caltrain Station North Access Improvement Project (Project) to fund the design of a new pedestrian and bicycle entrance at the Downtown San Mateo Caltrain Station (Station) at Cypress Avenue and South Railroad Avenue. Currently, the Station platforms can only be accessed from the west and south sides of the tracks. By providing a new access point on the east side of the tracks at Cypress Avenue and South Railroad Avenue, the travel time and distance to the Station platform is reduced for the North Central neighborhood.

Aside from improved access to the Station, the design also includes pedestrian improvements on Cypress Avenue from North Claremont Street across South Railroad Avenue to connect to the new Caltrain station entrance. These improvements were identified as priority projects in the adopted Transit-Oriented Development Pedestrian Access Plan, which was also funded by a TDA Article 3 grant. Pedestrian improvements along Cypress Avenue may include but are not limited to wayfinding signage, new crosswalks, upgraded lighting, wider sidewalks, and Americans with Disabilities Act (ADA)-compliant curb ramps.

The Project will make the path of travel to transit more comfortable for all ages and abilities and ensure there is equitable access to transit for riders coming from the North Central neighborhood, an MTC Equity Priority Community.

The MTC approved $253,800 in grant funding for this project and the City is required to provide 10% of the total project cost in local matching funds ($28,200). Staff recommends City Council approve a resolution as required by MTC to accept and appropriate the funding to the project and appropriate available Measure A funding as the required matching funds.

BUDGET IMPACT:

Due to the timing of the City’s budget development process and confirmation of the grant award, the San Mateo Caltrain Station North Access Improvement Project was not included in the Fiscal Year 2024-25 Capital Budget. Adoption of this Resolution will authorize the appropriation of the $253,800 award and $28,200 in Measure A funds to meet the required local match to the San Mateo Caltrain Station North Access Improvement Project (46R028) for a total project budget of

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$282,000. Sufficient Measure A funding is available for the required local match.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Nicolette Chan, Associate Transportation Planner
[email protected]
(650) 522-7326

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MTC, November 2022 TDA Article 3 Model Resolution Page 1

CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
APPROPRIATE $282,000 TO THE SAN MATEO CALTRAIN STATION NORTH ACCESS IMPROVEMENT PROJECT WITH $253,800 FUNDED THROUGH FISCAL YEAR 2024-25 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

PEDESTRIAN/BICYCLE PROJECT GRANT FUNDING FROM THE
METROPOLITAN TRANSPORTATION COMMISSION AND $28,200 FROM THE CITY’S MEASURE A FUNDS WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of San Mateo desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; WHEREAS, the City of San Mateo is required to provide local matching funds; and WHEREAS, sufficient funds are available in the Measure A fund balance to satisfy the local matching fund needs.

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

1.Pursuant to section 15378(b)(5) of the California Environmental Quality Control Act (CEQA) Guidelines, the adoption of the resolution to accept grant funding and appropriate local matching funds is not a project subject to CEQA in that it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

2. The City of San Mateo declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

3. There is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of San Mateo to carry out the project.

4. The project has been reviewed by the Bicycle and Pedestrian Advisory Committee (BPAC) of the City of San Mateo.

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November 2022 TDA Article 3 Model Resolution Page 2
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8 5. The City of San Mateo attests to the accuracy of and approves the statements in Attachment A to this resolution.

6. A certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of San Mateo County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

7. The appropriation of $253,800 in TDA Article 3 grant funding and $28,200 in Measure A funds to meet the local match funding requirements to the San Mateo Caltrain Station North Access Improvement Project (46R028) in the Capital Projects Fund is authorized.

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November 2022 TDA Article 3 Model Resolution Page 3
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8 Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024/2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

Page 1 of 1 ends

1. That the CITY OF SAN MATEO is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the CITY OF SAN MATEO legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the CITY OF SAN MATEO has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the CITY OF SAN MATEO within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the CITY OF SAN MATEO agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

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8

Page 1 of 2 ends

Attachment B
TDA Article 3 Project Application Form

1.Agency City of San Mateo

2.Primary Contact Nicolette Chan, Associate Transportation Planner

3.Mailing Address 330 W. 20th Avenue, San Mateo CA 94403

4.Email Address [email protected] 5.Phone
Number
650-522-
7326

6.Secondary
Contact (in the
event primary is
not available)
Sue-Ellen Atkinson, Principal Transportation Planner

7.Mailing address
(if different)
N/A☒

8.Email Address [email protected] 9.Phone
Number
650-522-
7288

10. Send allocation
instructions to (if
different from
above):

11.Project Title San Mateo Caltrain Station North Access Improvement Project

12.Amount
requested
$253,800 13.Fiscal Year
of Claim
2024/2025

14.Description of Overall Project:

15.Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
The project will design a new pedestrian and bicycle entrance for the San Mateo Caltrain station at the northeastern extent and improve pedestrian access on Cypress Avenue connecting to the new entrance.

The goal of the project scope is to reach 100% PS&E by the grant funding expiration date. The scope for the proposed funding includes consultant procurement for engineering, outreach, and environmental services, community outreach, 30%, 65%, 95%, and 100% PS&E, and environmental documents (CEQA).

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8 16.Project Location: A map of the project location is attached or a link to an online map of the project location is provided below:

Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes ☐ No☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes ☒ No☐

19.Project Budget and Schedule
Project Eligibility
A.Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☒ If “YES,” identify the date and provide a copy or link to the agenda. October 12, 2022 If "NO," provide an explanation).

Project
Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year)
Bike/Ped
Plan
ENV
PA&ED
PS&E 253,800 28,200 282,000 Feb-26 ROW
CON
Total Cost 253,800 28,200 282,000 Cypress Ave
S. Railroad Ave
N. Claremont St
Caltrain Station

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November 2022 TDA Article 3 Model Resolution Page 6
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8 B.Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:__________________
C.Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D.For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F.Estimated Completion Date of project (month and year): __February 2026_____ G.Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H.Is a Complete Streets Checklist required for this project ? Yes☒ No☐ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets

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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: 15 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8859 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Wastewater Treatment Plant Upgrade Construction Services – Contingency Increase RECOMMENDATION:

Approve an increase in the amount of $14,650,000 to the City’s contingency budget for its contract with Sundt Construction, Inc. for construction of the Wastewater Treatment Plant Upgrade and Expansion Project, for a revised total contingency of $40,920,000; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The City is currently under a Regional Water Quality Control Board Cease and Desist Order requiring improvements to its sewer collection system and Wastewater Treatment Plant (WWTP) to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay. The Clean Water Program (CWP) includes several capital improvement projects that are currently under construction and intended to comply with the Cease and Desist Order. The WWTP Upgrade and Expansion Project (Project) is one of these projects, which will result in a new treatment plant for processing wastewater.

Due to the size and complexity of the Project and construction demand in the Bay Area, a Construction Manager at Risk (CMAR) delivery approach was selected and approved by City Council on May 16, 2016. Sundt Construction, Inc. (Sundt) was the selected CMAR for the Project.

Construction of the Project by Sundt has been underway since May 2019. Three construction packages were awarded:
• Package 1 - Site Preparation: Work was substantially completed in July 2022. • Package 2 - Foundation Piles: Work was substantially completed in January 2022. • Package 3 - WWTP Process Facilities, Administration Building, and Maintenance Warehouse: In progress.

On February 5, 2024, staff presented to City Council with Project progress updates; shared unprecedented construction challenges associated COVID, supply chain issues, and inflation impacts that have caused cost increases and schedule delays; acknowledged the importance of Council’s past actions of awarding Package 3 in September 2020 (prior to COVID impacts being realized), which locked in pre-impacted pricing for much of the contract scope; described design gaps and additional scope to the contract; and provided the estimated construction contract cost at the completion of the project, based on February 2024 known information. The construction estimate table, previously shown in the February 2024 presentation, is shown again below:

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Package # -
General Description
Award
Date
Awarded
Contract
Amount
Council
Authorized
Contingency
Potential
Contingency
Needed in Future
Potential
Cumulative
Contingency
Potential
Contract
Amount
1 – Site Preparation May 2019 $33,098,178 $1,725,000 $0 $1,725,000 2 – Foundation May 2020 $17,716,049 $1,645,000 $0 $1,645,000 3 – Process Facilities Sept 2020 $379,880,746 $22,900,000 $14,650,000 $37,550,000 TOTALS $430,694,973 $26,270,000 $14,650,000 $40,920,000 $471,614,974

6.1%a 9.5%b
a – The previously authorized $26,270,000 contingency equates to 6.1% of the total awarded contract amount. b – The potential cumulative $40,920,000 contingency equates to 9.5% of the total awarded contract amount.

Note: For CIP Construction Contracts, a contingency amount equal to 10% of the construction contract is typically authorized. For contracts with higher risks, contingencies of 20% have been authorized.

At the February 2024 Council meeting, staff forecasted the potential need to increase contingency by $14,650,000, which would increase the total contingency amount to $40,920,000; this total contingency amount issued for construction contracts is within the typical 10% of construction contract value.

As of June 2024, the previously authorized $26,270,000 of contingency has been utilized to issue construction contract change orders, leaving a remaining contingency balance of approximately $2,990,000. Contract change orders are issued to increase the contract value to address unknown conditions or issues beyond the original construction contract scope and understanding. For every change request submitted by the contractor, the project team thoroughly evaluates each request prior to issuing any contract change order, which results in changes being accepted, negotiated, or rejected.

As forecasted in the February 2024 Council meeting, the project team currently still forecasts the need to increase contingency by $14,650,000. This contingency increase request accounts for potential changes identified by the project team, a recommended contingency reserve for unknown issues, and the remaining contingency balance, as shown below:

Description Amount
Identified potential changes $11,740,000
Recommended contingency for unknown issues + $5,900,000 SUBTOTAL CONTINGENCY required to cover identified and unknown issues $17,640,000 Remaining Contingency Balance - $2,990,000
TOTAL REQUESTED CONTINGENCY INCREASE $14,650,000
The current contractual Final Completion date for the Project is January 23, 2025. At the February 2024 Council meeting, staff indicated the full project closeout was anticipated for August 2025, based on information known at the time. The requested contingency increase is still based on an August 2025 project close out. However, the Contractor recently forecasted that project completion may be delayed to October 2025 on account of various issues. A major portion of this potential schedule impact is stemming from delays by the Contractor’s System Integrator subcontractor in delivering specific Process Control Narratives, Programmable Logic Controller, Site Acceptance Tests, Factory Acceptance Tests, and other related submittals that consequently have the potential to delay startup and commissioning activities of the new treatment facilities. Also, the Contractor has indicated that several of the approved contract change orders have resulted in an extensive amount of additional labor hours and procurement time required to complete the revised project scope; if any of the approved changes potentially impact the current contractual dates, the Contractor will formally submit these in a Time Impact Analysis notice.

In accordance with contract specifications, the project team has proactively requested Sundt provide a recovery schedule to attempt to meet the previously anticipated August 2025 project close out timeframe. Additional budget may be needed to successfully complete the Project should the schedule delays materialize. Staff will continue to closely monitor costs and potential changes, evaluate and challenge the Contractor’s anticipated schedules and change requests, and work to

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manage the overall cost impact within the approved contingency budget.

BUDGET IMPACT:

Sufficient funds are available in the WWTP & Flow Management Upgrade & Expansion Project (46t003) to increase the owner contingency reserve budget.

ENVIRONMENTAL DETERMINATION:

The City prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). Council on June 6, 2016, certified the PEIR. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for the implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that was approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the Project evaluated in the PEIR and Addendum.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Thomas Ruark, Project Manager II
[email protected]
(650)-522-7280
Deryk Daquigan, Deputy Director of Public Works
[email protected]
(650)522-7287
Matt Fabry, Director of Public Works
[email protected]
(650) 522-7309

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8862 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15 th, 2024
SUBJECT:

Integrated Supervisory Control and Data Acquisition System Maintenance and Improvement – Change Order RECOMMENDATION:

Approve Contract Change Order No. 3 with Enterprise Automation, LLC for upgrading and maintaining the City’s Supervisory Control and Data Acquisition system in an amount not to exceed $151,523, for a revised total contract amount not to exceed $350,679; extend the term of the contract through July 31, 2025; and authorize the Public Works Director to execute the change order in substantially the form presented and additional change orders within the existing contingency reserve including no-cost time extensions.

Background:

The Supervisory Control and Data Acquisition (SCADA) system allows staff to remotely monitor and control equipment at the Wastewater Treatment Plant (WWTP) and sanitary sewer and stormwater pump stations throughout the City’s collection systems. Previously, the WWTP and pump station SCADA systems were standalone but have recently been integrated and updated as part of the Clean Water Program. After the integration, City staff identified additional functions that needed to be added to the SCADA system to improve functionality.

In 2017-2019, the Clean Water Program issued a Request for Qualifications to preselect system integrators to perform SCADA and Programmable Logic Controller programming. Enterprise Automation (EA) was one of three preselected system integrators. Pre-authorization familiarizes the vendor with City design standards to allow them to program in the SCADA environment without causing unintended problems or catastrophic system errors.

In October 2023, a $40,804 Agreement through June 30, 2024, was executed with EA for the review and improvement of the Marina Lagoon Pump Station, including alarm programming updates to improve the assets after the prior significant rain events. In November 2023, Council approved Contract Change Order No. 1 to increase EA’s scope and fee by $158,352, along with a contingency reserve of $30,000, to evaluate and implement additional functionality improvements to the SCADA system. EA is currently implementing those improvements. Last year EA created a replica of the City’s SCADA system that is housed on their server system. Having this replica allows for testing of updates and changes in a safe environment prior to deployment thus insulating the City’s SCADA system from unknown or unintended consequences.

Contract Change Order No. 2 was recently executed to extend the term of the Agreement to July 31, 2024.

As a critical system for monitoring operations and receiving alarms, the SCADA system requires ongoing maintenance to ensure proper operation. EA is able to address both the required ongoing maintenance and system improvements needed for the integrated SCADA system. Contract Change Order No. 3 will provide $151,523 to allow EA to continue providing WWTP SCADA system maintenance support, including priority emergency access to EA engineers, for the 2024-25 fiscal year. The previously approved $30,000 contingency reserve remains available for the Public Works Director to authorize additional scope for any unforeseen circumstances.

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CITY OF SAN MATEO
4 4
4 1
BUDGET IMPACT:

Sufficient funds are available in the WWTP, Sewer, Storm, and Dale Avenue Pump Station operating budgets to cover the cost of the change order.

ENVIRONMENTAL DETERMINATION:

This Council action is exempt from CEQA in that it can be seen with certainty that there is no possibility this activity will have a significant effect on the environment, because this activity relates to software technology support and improvements without any necessary physical changes that may impact the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Contract Change Order No. 3
STAFF CONTACT:

Robert Learmonth, WWTP Manager
[email protected]
650-522-7386
Deryk Daquigan, Deputy Director Public Works
[email protected]
650-522-7287

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CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER #3
PROJECT: I ntegrated SCADA System Evaluation and Improvement – Change Order TO: Ent
erprise Automation LLC.

CONTRACT CHANGE ORDER NO. 3 Page 1 of 1
PO/SCON No. Date 7/15/2024
Fund 720
Cost Center Wastewater Treatment Plant
Spend Category Other Contractual Services
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

DESCRIPTION OF WORK
Following is a description of work to be done, estimate of quantities, and prices to be paid.

This change order will add and extend Enterprise Automation’s (EA) contract to maintain and improve the integrated SCADA system. The original contract and scope only covered sewer and stormwater collection systems scope of work. Change Order No. 1 expanded the scope to include an evaluation and implementation of additional functionality improvements to the SCADA system at the WWTP. Change Order No. 2 was a no-cost time extension. This Change Order No. 3 extends EA’s scope to continue providing WWTP SCADA system maintenance support for the new fiscal year 2024-2 5.

Revise “Section 5 - TERM” of the Agreement as follows: “The services to be performed under this agreement shall commence upon execution of this agreement and be completed on July 31, 2025.” Revise the “Exhibit A Scope of Work” of the Agreement to include “SCADA Support Contract FY 2025” (Attachment 1).

Revise the second sentence of “Section 6 - Payment', 6.1a” of the Agreement as follows: "In consideration for the full performance of th e services set forth in Exhibit A , customer agrees to pay vendor in an amount up to $350,679 pursuant to fee rates stated in Exhibit A.” Attachment 1: SCADA Support Contract FY 2025
Total cost of change not to exceed: $151,523.00
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

By re
ason of this proposed change, 0 days extension of time will be allowed.

Date Accepted:

Cont
ractor: Enterprise Automation LLC
By:

Title:

DISTRI
BUTION: Purchasing, City Clerk, Contractor, Construction Manager, Project Analyst, Project File

STATEMENT OF ACCOUNT
Origin
al Contract Price $40,804.00
Previous Change Orders $ 158,352.00
Total to date $199,156.00
This Change Order $151,523.00
Revis
ed Contract Price $ 350,679.00
Date Approved:

By:

Matt F abry, Public Works Director
NOTE
: This change order is not effective until approved by the Public Works Director.

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0
9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Support Contract FY25
Page Number: 5 of 14
4 Scope of Support

4.1 Basis
This SCADA support contract provides details of the agreement between:

City of San Mateo
and
Enterprise Automation

4.2 Facilities Covered
The services provided under this SCADA support contract are solely for the following City of San Mateo facilities:
a) Wastewater Treatment Plant
2050 Detroit Ave.

San Mateo, CA 94404

1. D
ale Avenue Pump Station (DAPS)
Dale Ave. & S Northfolk St.

San Mateo, CA 94404
b) C
ollections
1949 Pacific Blvd.

San Mateo, CA 94403
c) U
nderground Flow Equalization System (UFES)
1346 Saratoga Dr.

San Mateo, CA 94404

4.3 Contact Details
The primary contact for City of San Mateo SCADA systems is:

Rob Learmonth
• Office Phone: (650) 522-7312
• Cell Phone: (650) 522-7386
• Address: 2050 Detroit Drive, San Mateo, CA 94404
• Email: [email protected]
Attachment 1

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4.4 Nature of Services
The services provided by EA under this SCADA support contract are limited to the following systems (for both water and wastewater systems):
a) SCADA software
a. AVEVA
i. AVEVA System Platform, formally Wonderware
ii. AVEVA Historian, formerly Wonderware
iii. AVEVA OMI, formerly Wonderware
b) PLC types and brands
a. Rockwell Automation
i. ControlLogix controllers
c) Alarm paging
a. SeQent FirstPAGE
b. Hardware supporting cell & radio notifications
d) OITs
a. Rockwell Automation
i. PanelView graphic terminals
e) SCADA Domain PCs, Virtual Machines
f) Associated SCADA panels and I/O
g) PLC hardware and programs
U
nless specifically indicated in this scope of work, design documentation developed through this project will not be stamped by a professional engineer. Delays due to mechanical, electrical, or IT related issues, production scheduling constraints, or lack of system availability out of EA’s control, which result in additional site time, will be charged at EA’s standard hourly rates.

4.5 Excluded Systems
The City of San Mateo has some specialized equipment with which EA does not have specific expertise or is outside the scope of this contract.

As some excluded systems interact with the supported systems, EA will assist with diagnosing problems where possible, however the following excluded systems and components are not formally supported by EA under this agreement.
a) General process equipment (valves, pumps, motors, etc.) b) Security systems
c) Electrical systems (MCC buckets, medium/high voltage equipment) d) Collections RTU programming
e) City firewalls
f) Hach WIMS
g) Associated SCADA networking (Cat 5/6 and fiber)
h) Communications via wireless radio to remote sites

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4.6 Project Management
EA will provide a dedicated project manager to be the main point of contact and steward all communication through EA. The PM has primary responsibility for this project’s scope, budget, and schedule. This will help ensure accurate and effective communications and decisions. The PM will perform all commercial, budget, and project tracking related updates through the life of the support contract.

With consideration of other ongoing projects with the City, the PM will communicate with the City’s key contact on a regular basis to review the status of this support contract’s budget, the outcome or status of any support requests, and to coordinate upcoming maintenance visits.

For each workshop or meeting involving key project decisions, EA will draft and release meeting minutes with action items and dates assigned within one week.

Key Project Management Roles and Activities:

1. Primary point of contact, communications coordination

2. Maintenance visit scheduling

3. Urgent support coordination

4. Project status tracking (daily/weekly)

5. S tatus communication with the City

6. Contract invoices and tracking report (monthly)

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0

9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Support Contract FY25
Page Number: 8 of 14
5 Services Provided
The proposed services provided by EA are divided into the following SCADA support categories:

1. As-needed project task orders

2. 10 hours per day 5 days per week (“10x5”) urgent support priority

3. Two (bi-annual) scheduled maintenance inspections (roughly every 6 months)

4. Development and maintenance of the City manufacturer’s support renewal tracking system (e.g. Dell support, Wonderware support, etc.)

5.1 Urgent Support (10x5)

5.1.1 General
The support covered in this contract will provide priority support as needed via the following support tiers. All support responses including Emergency and urgent support work will be charged at EA’s standard engineering hourly rates. This proposal does not include dedicated time for these activities.

Note that the City’s internal staff will be the first line of support in urgent support cases. EA’s contact procedure should be used as a secondary line of support.

5.1.2 Phone support
Phone support will be provided during the regular business week, Monday through Friday (excluding Holidays) from 8am to 6pm. In cases where production is threatened, troubleshooting may continue past 6pm.

Phone support is the first tier of support provided.

5.1.3 Remote support
Remote support and diagnosis of problems by EA engineers will be provided where necessary. A change request will be needed for EA to get remote access and provide this level of support.

Remote support is the second tier of support provided and will be provided when phone support options have been exhausted.

5.1.4 Urgent on-site support
Where necessary, EA engineers will be available for on-site support, with the City receiving priority scheduling.

There may be times where immediate call response and on- site attendance is not practical or possible. Enterprise Automation will endeavor to respond to all calls for assistance in the timeframes described in this support contract. However, response within the described timeframes is not guaranteed, and Enterprise Au tomation will not be held liable for system downtime, loss of production, or any consequential damages.

On-site support is the third tier of support provided and will be provided when phone support and remote support options have been exhausted.

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0

9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Support Contract FY25
Page Number: 9 of 14

5.2 Scheduled SCADA Maintenance
In order to ensure the PLCs, OITs, and SCADA systems are properly maintained and updated, Enterprise Automation will perform scheduled maintenance twice per year.

The services to be provided during scheduled maintenance visits includes:
• Review of system error logs
• Review of SCADA alarms
• Interviewing engineering and operation staff for platform performance issues • Complete backup of all virtualized resources
• Hardware visual inspection
o Control panels with PLCs or Remote IO (review status lights) o Server Infrastructure (servers, UPS, thin clients, etc.) o IT hardware (review status lights)
o Thin Clients and peripherals

5.2.1 Test platform update
As part of EA’s standard maintenance procedures, Windows Updates will be applied and tested to the City’s SCADA servers. On occasion, an update will interfere with SCADA system functions. An example may include communication with field devices or opening third party (non- Microsoft) software.

For this reason, prior to each on- site maintenance trip, EA will install Microsoft updates on all SCADA computers on the City ’s test platform and will subsequently run the system overnight to validate SCADA operations.

5.2.1.1 Test platform hosting
Enterprise Automation currently hosts 20+ virtual machines on our IT infrastructure. This allows EA to develop and make changes to the City’s SCADA system in a controlled manner. On this platform, we can easily test changes before they are deployed onsite, minimizing deployment risk.

Enterprise Automation charges a fee for hosting these VMs. This fee is included in the estimate at the end of this proposal.

5.2.1.2 Microsoft update failure
Should an update affect the integrity of the SCADA system, EA will investigate the issue and identify a solution. Solutions may include skipping installation of the specific update(s), requesting SCADA software manufacturer support (patches, hotfixes, etc.), or identifying alternatives as recommended by Microsoft.

If required, EA will perform all safe updates on-site, excluding the failed update, so that the SCADA system on-site is as current as possible.

Budget to fix failed updates is not included as part of this proposal. This would typically be handled by the CR system.

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0

9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Support Contract FY25
Page Number: 10 of 14

5.2.2 Scheduled maintenance execution
For each of the two maintenance visits, EA will schedule and send one engineer into the field for two days. EA will schedule the visit in advance , making our best effort to align with the City ’s preferred weekday hours of operation. The goal of this visit is to test the draft maintenance procedures while training city staff on how to perform the inspections and fill out the maintenance procedures.

Scheduled maintenance visit budgets will not be used to implement ad-hoc change requests (CRs).

5.2.3 Inspection Follow-up
During the course of executing the maintenance procedures it is not uncommon for EA to find issues which need to be addressed. EA has provided time to review these issues with the City (via phone). These types of issues are normally turned into CRs. This proposal does not include time to fix issues identified during the maintenance inspection.

5.3 Manufactures’ Support Renewal Tracking
The City’s SCADA platform consists of a wide variety of hardware and software components.

Due to the mission critical nature of the system, EA recommends maintaining manufacturer’s support on an annual basis. Examples include:
• Dell server next day business support
• Wonderware technical support (System Platform, Historian, etc.) • VMware vCenter Server technical support
• Veeam technical support
• Studio 5000 software support
• etc.

The wide variety of components and manufacturers results in a complex annual renewal schedule to manage, which requires a systematic schedule and reminder system to do successfully. EA will need to include budget to set up the initial Mantis system and tracking items to fulfill this need.

Under this support contract, EA will maintain the renewal/expiration reminders in the Mantis tracking system, which will continue to function as previously designed.

Upon renewal of any manufacturer support service, it is the City ’s responsibility to disclose any requested modifications to the service plan including plan level and/or contract length.

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0

9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Support Contract FY25
Page Number: 11 of 14

5.4 Additional Enhancements

5.4.1 Supporting Tesco’s FAT
The City of San Mateo currently has a new plant that is being programmed by Tesco and is nearing the Factory Acceptance Testing (FAT) phase. This stage is crucial to the success of the plant because it ensures that the final program does not contain any nonconformances, the absence of which will likely result in a smoother deployment process.

EA has an extremely methodical and documented approach when it comes to testing PLCs and SCADA systems. Our tried -and-true method of testing has led to the success of hundreds of projects, and we will be available to use our method to answer questions from Tesco that will assist them during testing. EA will even be available to be onsite during a portion of the FAT. EA wants to ensure that the testing is thorough, and that Tesco captures every detail so that the City can have a successful commissioning.

5.4.2 Training Collections Staff
EA encourages the training of the City’s collections staff on the SCADA system. Currently, identifying alarms and using trends pose difficulties for collections because they have not been properly training on how to use SCADA. EA recommends that a portion of this support contract’s budget be used to train collections to help them better understand SCADA in order to respond more quickly to alarms and be able to identify concerns in trends (among many other benefits and efficiencies).
6 Requesting Support
Written approval (email or letter) from the City is required for all submittals within 10 business days of release by EA.

6.1 Support Access and Escalation
A contact procedure is provided in Appendix A. This procedure details the contact methods for the primary and secondary contacts, as well as providing an escalation procedure, should this be necessary.

6.2 Phone Call Response Time
EA will attempt to respond to any phone call , during the specified support hours, within one hour.

In general, EA will be able to begin troubleshooting a problem immediately after being contacted.

6.3 On-site Response Time
The City will receive priority scheduling should on- site support be required. An engineer will therefore be dispatched to site as soon as practical.

Note that EA is located in southern California. Travel time to site can vary depending on airline conditions. Time must also be allowed for the engineer to prepare for the trip.

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0

9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Support Contract FY25
Page Number: 12 of 14
7 Assumptions & Clarifications
The following assumptions and clarifications were used in preparing this proposal:

1. EA is not affiliated with any hardware or software manufacturer. EA is not responsible for implementing new firmware updates or patches outside the scope of this project. We will provide advice to our clients, who can choose to pursue in the event that such an update is required.

2. Unless specifically indicated in this scope of work, design documentation developed through this project will not be stamped by a professional engineer.

3. All submittals will be transmitted in electronic format (no hard copies will be provided)

4. Written approval (email or letter) from the City is required for all submittals within 10 business days of release by EA.

5. Delays due to mechanical, electrical, or IT related issues, production scheduling constraints, or lack of system availability out of EA’s control, which result in additional site time, will be charged at EA’s standard hourly rates.
8 Compensation Schedule

8.1 Annual Fees
Annual fees for retaining the support services of Enterprise Automation are:

Initiation $4,380
SCADA Maintenance $33,615
On Call Support $92,145
Priority Support Fee $7,500
Test Platform Housing fee $8,388
Travel $5,495
Total Annual Fee $151,523
EA will make reasonable effort to schedule maintenance visits but is not liable for any unused support time if the City does not respond to scheduling requests in a timely manner.

8.2 Support Rates
Any service which exceeds the budgets specified in this support contract will be billed at current EA rates. These additional services will require written approval before EA proceeds with any additional labor.

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0

9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Support Contract FY25
Page Number: 13 of 14
9 Cost Estimate
The tasks to be performed along with the estimated time to complete the tasks are detailed in the attached cost estimate (Appendix B).

Work under this proposal is on a time and expenses basis, and the pricing in Appendix B is an estimate only made in good faith without consideration for delays and unknowns.

Enterprise Automation will continually track task progress against this estimate and will inform the City of any anticipated projected overruns. Any additional hours required to perform the specified tasks will be submitted to the City as a change order request. The decision to continue the work or consider alternative options will therefore remain with the City.

Approval of any change order by the City will be required prior to Enterprise Automation commencing or continuing the work task in question.

Billings will occur every month and will include man-hour break downs indicating hours expended, resources utilized, on a per task basis. Enterprise Automation will maintain an open line of communication with the City to discuss status of the work in progress, potential problems with scheduled work, changes in the estimated hours, and to coordinate up and coming tasks.

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0

9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Appendix A: Contact Procedure

Appendix A: Contact Procedure

In the event that assistance is required during office hours (8am to 6pm, Monday through Friday), email, call, or text the desired EA engineer. You may call either their cell phone or desk phone extension.
• EA’s office number is 949-769-6000.
• We recommend that you contact EA personnel in the following order:

1. Jonathan Linder (extension 149), cell (909) 697-0392 [email protected]

2. John Beckham (extension 129), cell (301) 686-4221
[email protected]

3. Richard Nguyen (extension 111), cell (714) 468-2294 [email protected]

4. Jasmine Jauregui (extension 113), cell (562) 237-6614 [email protected]

In the event that emergency or after hours assistance is required, we recommend the following procedure:

1. Call the afterhours answering service: 1-866-598-1527 o Give your name, your company name and your phone number o Ask to be connected to an Enterprise Automation employee

General Assistance

Emergency Assistance

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0

9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Appendix B: Cost Estimate Details

Appendix B: Cost Estimate Details

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Client: City of San Mateo
Project: Support Contract FY25
Number: EA24SMO185 Date: 05/16/2024 Revision: 1.0.0 Author: MBA Reviewed By: JR Summary
Proj. Eng. Lead Eng. PM Architect Proj. Eng. Lead Eng. PM Architect Hours Price Initiation 5 5 7 0 0 0 0 0 17 $4,380
SCADA Maintenance 25 51 14 0 0 38 0 0 128 $33,615
On Call Support 112 112 39 0 50 50 0 0 363 $92,145
Engineering Labor Totals 142 168 60 0 50 88 0 0 508 $130,140 Expenses (excl. taxes) Price
EXP Fees $15,888
EXP Travel $5,495
Total Expenses $21,383
Grand Total $151,523
# TotalsEngineering Labor In Office Out of Office
EA24SMO185 ESTIMATE Support Contract FY25 1.0.0.xlsm Summary 1 of 7

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Client: City of San Mateo
Project: Support Contract FY25
Number: EA24SMO185 Date: 05/16/2024 Revision: 1.0.0 Author: MBA Reviewed By: JR WBS Description Proj. Eng. Lead Eng. PM Architect Proj. Eng. Lead Eng. PM Architect Project initiation 12 $3,140
010 Project setup
accounting setup 2
develop project schedule, resource loading 2
050 Execution planning 2
develop initial detailed project task execution plans
030 Internal kickoff meeting 2 2 2
review project scope
review design documentation
purpose, schedule, team roles, expectations
risk matrix and due dates
040 Project kickoff 5 $1,240
Prepare materials for kickoff (agenda, coordination) 1
Project kickoff meeting with customer 1 1 1
review scope, roles, expectations
review schedule
site inspection
Notes compilation 1
Hours 5 5 7 0 0 0 0 0 17
Price $1,175 $1,350 $1,855 $0 $0 $0 $0 $0 $4,380
Price
Totals
Initiation
Engineering Labor
Hours
In Office Out of Office
EA24SMO185 ESTIMATE Support Contract FY25 1.0.0.xlsm ENG Initiation 2 of 7

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Client: City of San Mateo
Project: Support Contract FY25
Number: EA24SMO185 Date: 05/16/2024 Revision: 1.0.0 Author: MBA Reviewed By: JR WBS Description Proj. Eng. Lead Eng. PM Architect Proj. Eng. Lead Eng. PM Architect 600 Scheduled Maintenance Visit 1 26 $6,740
perform scheduled maintenance for the City
preparation 8 2
onsite visit (1 engineer, 2 days) 16
<potential maintenance visit plans>
review of system error logs
review of SCADA alarms
interviewing engineering/operations staff for platform issues complete backup of virtualized resources
hardware visual inspection
misc. discussed tasks
600 Scheduled Maintenance Visit 2 26 $6,740
perform scheduled maintenance for the City
preparation 8 2
onsite visit (1 engineer, 2 days) 16
<potential maintenance visit plans>
review of system error logs
review of SCADA alarms
interviewing engineering/operations staff for platform issues complete backup of virtualized resources
hardware visual inspection
misc. discussed tasks
600 Test Platform Update 4 2 6 $1,480
apply Windows updates and test
<updates to be installed prior to each maintenance visit> 600 Manufactures' Support Renewal Tracking 8 $1,985
update tracking system and renewal dates 4 2
review active support cycles
utilize tracking and report to the City as needed 1 1
Hours Price
SCADA Maintenance
Engineering Labor TotalsIn Office Out of Office
EA24SMO185 ESTIMATE Support Contract FY25 1.0.0.xlsm ENG SCADA Maintenance 3 of 7

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Client: City of San Mateo
Project: Support Contract FY25
Number: EA24SMO185 Date: 05/16/2024 Revision: 1.0.0 Author: MBA Reviewed By: JR WBS Description Proj. Eng. Lead Eng. PM Architect Proj. Eng. Lead Eng. PM Architect Hours Price SCADA Maintenance
Engineering Labor TotalsIn Office Out of Office
600 Tesco Support 32 32 $8,640
Answer questions
Partial attendance of FAT
600 Training for Collections 16 $4,320
Develop training manual 6
Deliver training to collections 4 6
990 Project management 14 $3,710
Coordination, project management, overhead, meetings 14 Hours 25 51 14 0 0 38 0 0 128
Price $5,875 $13,770 $3,710 $0 $0 $10,260 $0 $0 $33,615 EA24SMO185 ESTIMATE Support Contract FY25 1.0.0.xlsm ENG SCADA Maintenance 4 of 7

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Client: City of San Mateo
Project: Support Contract FY25
Number: EA24SMO185 Date: 05/16/2024 Revision: 1.0.0 Author: MBA Reviewed By: JR WBS Description Proj. Eng. Lead Eng. PM Architect Proj. Eng. Lead Eng. PM Architect 650 On Call Support 16 16 10 10 52 $13,130
as needed planning and emergency budget
600 Change Requests 272 $68,680
CR management 16 16
CR execution 80 80 40 40
<individual CRs created upon request>
990 Project management 39 $10,335
Coordination, project management, overhead, meetings 39 Hours 112 112 39 0 50 50 0 0 363
Price $26,320 $30,240 $10,335 $0 $11,750 $13,500 $0 $0 $92,145 Hours Price
On Call Support
Engineering Labor TotalsIn Office Out of Office
EA24SMO185 ESTIMATE Support Contract FY25 1.0.0.xlsm ENG On Call Support 5 of 7

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Client: City of San Mateo
Project: Support Contract FY25
Number: EA24SMO185 Date: 05/16/2024 Revision: 1.0.0 Author: MBA Reviewed By: JR Fees
No. Description Price

1. Priority Support 10x5 phone support fee $7,500

2. Test Platform Hosting test platform hosting fee (tier 2) $8,388 Price $15,888
EA24SMO185 ESTIMATE Support Contract FY25 1.0.0.xlsm EXP Fees 6 of 7

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Client: City of San Mateo
Project: Support Contract FY25
Number: EA24SMO185 Date: 05/16/2024 Revision: 1.0.0 Author: MBA Reviewed By: JR Travel
Scheduled Maintenance Visit 1 $1,531

1. rental car per day 3 $175 $525

2. hotel per night, per GSA rate 2 $222 $444

3. flight round trip, per person 1 $340 $340

4. per diem per GSA rate 3 $74 $222
Scheduled Maintenance Visit 2 $1,531

1. rental car per day 3 $175 $525

2. hotel per night, per GSA rate 2 $222 $444

3. flight round trip, per person 1 $340 $340

4. per diem per GSA rate 3 $74 $222
On Call Support/CR Visits $2,433

1. rental car per day 3 $175 $525

2. hotel per night, per GSA rate 3 $222 $666

3. flight round trip, per person 3 $340 $1,020

4. per diem per GSA rate 3 $74 $222
Price $5,495
Ext. Cost PriceNo. Description Rate Details Qty. Unit Cost EA24SMO185 ESTIMATE Support Contract FY25 1.0.0.xlsm EXP Travel 7 of 7

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Support Contract FY25 Scope of Work
EA Project Number: EA24SMO185, v1.0.0

9050 Irvine Center Drive, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com
Scope of Work
Appendix C: Rates

Appendix C: Rates

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FY24 Engineering Rates

9050 Irvine Center Dr, Irvine CA 92618 USA
Tel 949-769-6000 Fax 949-769-6005
www.eaintegrator.com V 1.0.0
Engineering Rates
Rate Classification1 Standard Rate

Admin $ 105.00 / hr.

Engineering Intern $ 105.00 / hr.

I&C Technician 1* $ 140.00 / hr.

I&C Technician 2* $ 180.00 / hr.

Electrical Engineer 2* $ 180.00 / hr.

Electrical Engineer 3* $ 215.00 / hr.

CAD* $ 155.00 / hr.

Automation Project Engineer 1 $ 212.00 / hr.

Automation Project Engineer 2 $ 258.00 / hr.

Project Technical Lead $ 270.00 / hr.

Project Manager 1 $ 220.00 / hr.

Project Manager 2 $ 265.00 / hr.

Automation Architect $ 280.00 / hr.

Principal $ 335.00 / hr.
*Through Tetra Tech
1 Rate classifications charged are based on a project role/responsibility basis, not title, and could be adjusted during a project’s duration if meaningful staff changes occur with prior notification.

Service Calls
Service calls covered by an Enterprise Automation service contract are prioritized while all other service requests are dependent on existing schedules and the availability of engineering staff.

Overtime
Item Description
Time and a half Outside of normal business hours (8am-5pm), or time in excess of 10 hours per day (unless otherwise arranged)
Double time Saturday, Sunday, and holidays (unless otherwise arranged) General
Item Description
Travel time Charged at engineering rates
Vehicle mileage As per the published IRS mileage rate (if applicable) Travel expenses At cost (if applicable)
Meals and incidentals GSA established per diem rate (if applicable) Payment terms Net 30 days

Rates effective 11/1/2023 through 9/30/2024

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 17 Section Name: CONSENT CALENDAR Account Number: File ID: 24-8864 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: July 15, 2024
SUBJECT:

Young Tree Watering Services – Agreement
RECOMMENDATION:

Approve a two-year agreement for Young Tree Watering with West Coast Arborist, Inc. in an amount not to exceed $260,000, and authorize three, one-year extensions of up to $130,000 per year, for a total amount not to exceed $650,000; and authorize the Parks and Recreation Director to execute the agreement in substantially the form presented.

BACKGROUND:

The Parks and Recreation Department plants hundreds of trees every year throughout the city of San Mateo and these young trees are critical for maintaining our urban forest. As the older, mature trees among us begin to age, they are more susceptible to pest and diseases and begin to decline and die. The young trees that we plant will replace our aging trees and slowly establish into the next generation of our urban forest. However, planting trees is just the first step. A critical component of developing a healthy, stable, and well-formed tree is adequate watering.

Staff issued an RFP for proposals for watering trees based on the following schedule: regular watering every 10 days for 309 trees planted this year; and watering every 20 days for 150 trees planted last season. Staff received a total of three proposals from West Coast Arborist, Davey Tree Experts, and San Jose Conservation Corps. Staff evaluated the proposals based on the firms' understanding of the work involved, prior experience with similar work, quality and technical ability of the proposed staff, and the per unit price. Staff recommends awarding an agreement to West Coast Arborist, Inc. due to the quality of its proposal and its significant workforce in the area to provide consistent service. They provide tree related services to many different cities throughout the Bay Area and comply with the City’s prevailing wage requirement. West Coast Arborists, Inc. also had the lowest per unit price.

The initial agreement term is from August 1, 2024 through June 30, 2026. Work is to be billed on a “per tree per watering visit” unit basis, which is $17.00 each time a tree is watered. After the two-year initial term, the parties may extend the agreement, with three (3), one-year extensions in an amount of $130,000 per year. The per tree unit price of $17.00 shall remain constant throughout the optional extension periods.

BUDGET IMPACT:

Sufficient funds for this agreement are included in the Tree Planting budget.

ENVIRONMENTAL DETERMINATION:

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

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CITY OF SAN MATEO
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15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Timothy Heartquist
Interim Managing Arborist
[email protected]
650-522-7425
Joanne Magrini
Parks and Recreation Director
[email protected]
650-522-7404

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8 AGREEMENT WITH WEST COAST ARBORISTS, INC.

FOR YOUNG TREE WATERING SERVICES
This Agreement, made and entered into this day of____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and WEST COAST ARBORIST, INC. ("CONTRACTOR"), whose address is 781 SAN PABLO AVE, PINOLE, CA 94564.

RECITALS:

A. CITY desires certain YOUNG TREE WATERING services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these YOUNG TREE WATERING services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
.

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

SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.

CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.

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.

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8 SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on August 1, 2024 and be completed on June 30, 2026. The CITY and CONTRACTOR, by mutual agreement, may extend the contract one (1) year at a time from the expiration of the initial contract term not to exceed three (3) one-year extensions.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount of $17.00 per tree per watering visit, an annual amount not to exceed $130,000, and a two-year total of $260,000, a fee pursuant to rates stated in Exhibit B, attached, and incorporated by reference. If all extensions are exercised, a compensation for five years of service will total a not to exceed amount of $650,000.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.

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8 SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public.

CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - 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 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.

SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.

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8 SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this 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.

SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

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8 SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

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

SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Timothy Heartquist,
Acting Managing Arborist
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONTRACTOR: West Coast Arborists, Inc.

Attn: Joe Bartolo
781 Pinole Ave
Pinole, Ca 94564

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8 SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo. [SIGNATURE PAGE FOLLOWS]

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8 IN WITNESS WHEREOF, CITY OF SAN MATEO and WEST COAST ARBORISTS, INC have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Joanne Magrini
Director of Parks and
Recreation
Date Patrick Mahoney
West Coast Arborist, Inc.

President
Date

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements

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8 EXHIBIT A

SCOPE OF SERVICES
The Contractor shall furnish all labor, equipment, materials, water, tools and supervision to perform tree watering as described herein. Watering services are to be performed according to the following specifications:
•At start of contract, Contractor will provide and install water bags on all trees. Bags must have a capacity of least 15 gallons and no more than 20 gallons of water and be made of durable PVC tarpaulin material. Bags must be approved by Managing Arborist. Bags must be removed upon termination of the contract.
•Trees planted the same year must be watered every 9 to 11 days from March 1st through October 31, during long periods without rain in the winter months and upon request of the Managing Arborist. Trees planted the previous year must be watered every 20-25 days. •At the time of watering, the water bag shall be filled to capacity. The tree basin must also be filled to capacity. Water provided must be fresh water (NOT recycled). •If a water bag is damaged, destroyed, or removed during the contract period, the Contractor will be responsible for its replacement.
•While performing tree watering, the Contractor shall maintain the tree watering basin to a height of 4 to 6 inches along the perimeter of the planting hole. Contractor shall remove weeds and debris within the watering basin.
•Contractor shall ensure that all tree support stakes are functional and that tree ties allow trunk to move in wind. Bidder to provide replacement stakes when necessary. •The Contractor shall maintain a daily log of trees watered. The log shall be updated daily and list the trees watered by site. A copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by the Contractor. •Trees shall not be watered more than once (1) every ten (10) days from March 1 st through October 31st. Trees shall not be watered starting November 1st – last day of February without express authorization by the Managing Arborist.

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Contract for Services Page 1 of 11
Rev 12/22

EXHIBIT B

PAYMENT RATES
Work is to be billed on a “per tree per watering visit” unit basis. Contractor is to bill $17.00 each time a tree is watered. Contractor shall submit a monthly work summary report along with each monthly invoice. Report format shall be agreed upon by Contractor and the City. Contractor’s invoice will not be considered complete until the monthly work summary report is submitted and approved by the Managing Arborist. Total contract amount shall not to exceed $260,000.00 for the initial two-year term. Thereafter, the total contract amount shall not exceed $130,000 per year during the optional one-year extension periods.

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Contract for Services Page 2 of 11
Rev 12/22

EXHIBIT C

INSURANCE REQUIREMENTS

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

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.

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

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and 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. 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, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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Contract for Services Page 3 of 11
Rev 12/22
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 18 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-8870 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Wastewater Treatment Plant Supervisory Control and Data Acquisition Monitoring and Upgrade Project – Change Order RECOMMENDATION:

Approve Contract Change Order No. 2 with Technology Management Professionals dba TMPros, LLC in the amount of $154,404 to monitor and maintain the Supervisory Control and Data Acquisition Network at the Wastewater Treatment Plant for Fiscal Year 2024-2025, for a total revised contract amount of $328,544; extend the term of the contract to July 31, 2025; and authorize the Public Works Director to execute the change order in substantially the form presented.

Background:

The Wastewater Treatment Plant (WWTP) uses a Supervisory Control and Data Acquisition (SCADA) Network to monitor and control equipment and processes in the WWTP, Dale Avenue Pump Station, and the sewer collection system. The system is critical to maintain the operation of these facilities and the network must be monitored and maintained as necessary.

Technology Management Professionals dba TMPros, LLC (TMPros) was initially a subcontractor for the previous company handling SCADA network system monitoring and demonstrated competence to the satisfaction of WWTP staff and the IT Department. In July 2023, an agreement was executed directly with TMPros for $174,140 for SCADA network monitoring and maintenance. WWTP staff and the Clean Water Program are currently designing and configuring the SCADA system and network for the new wastewater treatment facility. The project upgrade integrates SCADA systems between the existing WWTP and the new wastewater treatment facility.

Staff recommends approving Contract Change Order No. 2 with TMPros to allow continued integration of the SCADA network system and assistance with the network design for the new facility in the coming 2024-25 fiscal year. TMPros has demonstrated the competency to monitor, patch, and maintain the WWTP’s network on which the SCADA system operates.

BUDGET IMPACT:

Sufficient funds are available in the WWTP and Dale Avenue Pump Station operating budgets to cover the cost of the agreement.

ENVIRONMENTAL DETERMINATION:

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

ATTACHMENTS
Att 1 – Contract Change Order No. 2
STAFF CONTACT:

Robert Learmonth, WWTP Manager
[email protected]
650-522-7386
Deryk Daquigan, Deputy Director Public Works
[email protected]
650-522-7287

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CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER # 2
PROJECT: Wastewater Treatment Plant SCADA Monitoring and Upgrade Project – Change Order TO: Technology Management Professionals LLC
CONTRACT CHANGE ORDER NO. 2
PO/SCON No.

Fund
Cost Center
Spend Category
720
Wastewater Treatment Plant

Page 1 of 1 ends

Date 6/26/2024
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

DESCRIPTION OF WORK
Following is a description of work to be done, estimate of quantities, and prices to be paid.

Revise section 5- “TERM’’ of the Agreement as follows: The services to be performed under this agreement shall commence upon execution of this agreement and be completed on July 31, 2025.

Revise Section 6- “Payment”- of the Agreement to read as follows: 6.1-The total amount payable to VENDOR under this Agreement shall not exceed $328,544.

Revise the scope of work of the Agreement to include “TMPros Managed IT Services - City of San Mateo WWTP FY 2025’’—Attachment 1.

Total c
ost of change not to exceed: $154,404
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

Date Accept
ed:

Contractor: Technology Management Professionals LLC
By:

STATEMENT OF ACCOUNT
Original Contract Price $ 174,140.00
Previous Change Orders $0.00
Total to date $0.00
This Change Order $154,404.00
Revised Contract Price $328,544.00
Date Appr
oved:

By:

Title: Matt Fabry, Director of Public Works
DISTRIBUTION: Purchasing, City Clerk, Contractor, Construction Manager, Project Analyst, Project File NOTE: This change order is not effective until approved by the Director of Public Works.

Other Contractual Services
PO-0000701

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Monthly Subtotal $3,680.00
Monthly Subtotal $15.00
TMPros
PO Box 280
Atwater, CA 95301
United States
T: +18889557767
Quote # 6944
Date 2024/06/07
Expires 2024/06/21
Contact Baron Wolt
Prepared for City of San Mateo Water Works
Rob Learmonth
2050 Detroit Dr
San Mateo, CA 94404
United States
E: [email protected]
TMPros Managed IT Services - City of San Mateo WWTP
Monitoring Services
Category Item Qty Price Total
MSP /
Monitoring
Server Monitoring
24x7 Remote Monitoring, Patch Management, Ticketing, and Remote Management Tools
30 $85.00 $2,550.00†*
MSP /
Monitoring
Workstation Monitoring
24x7 Remote Monitoring, Patch Management, Ticketing, and Remote Management Tools
4 $35.00 $140.00†*
MSP /
Monitoring
Device Monitoring
24x7 Remote Monitoring of Switches, Routers, Wireless Access Points, Critical Printers, and Other Network Devices
30 $33.00 $990.00†*
Security Services
Category Item Qty Price Total
MSP /
Security
Endpoint Detection and Response
Next-generation AI antivirus, prevention, detection, and response solution. 1 $15.00 $15.00†*
Server and Network Support
Category Item Qty Price Total

ACCEPT QUOTE
Quote
TMPros - Quote # 6944 1 / 3

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Monthly Subtotal $3,625.00
Discount ($20.00)
Monthly Subtotal $267.00
Monthly Subtotal $5,300.00
* Recurring fees billed monthly with 1 upfront payment(s). † Non-taxable item
Please contact us if you have any questions.

Monthly Subtotal $12,887.00
Discount ($20.00)
Total Monthly $12,867.00 USD
MSP / Backup Veeam management
Server Backup (Selective)
Item Discount ($20.00)*
30 $20.00 $600.00
$580.00†*
MSP /
Support Plan
Server Support
Physical Server and Hypervisor Support
30 $80.00 $2,400.00†*
MSP /
Support Plan
Network Support
DVR/NVR Support Per Camera/Feed
25 $25.00 $625.00†*
Category Item Qty Price Total
User Support
Category Item Qty Price Total
MSP /
Support Plan
Workstation Support
Workstation Support
3 $89.00 $267.00†*
Project and CIO Services
Category Item Qty Price Total
Service Project Services
Services provided as part of a project scope
60 $75.00 $4,500.00*
MSP /
Consulting
CIO Hours
Additional CIO Hours
4 $200.00 $800.00†*
Summary
Quote
TMPros - Quote # 6944 2 / 3

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One-Time $0.00
Recurring Up-front $12,887.00*
Discount ($20.00)
Total Up-front $12,867.00 USD
* Recurring fees billed monthly with 1 upfront payment(s).

Cost Breakdown
Category Monthly Fees
MSP / Monitoring $3,680.00
MSP / Security $15.00
MSP / Backup $600.00
MSP / Support Plan $3,292.00
Service $4,500.00
MSP / Consulting $800.00
Discount ($20.00)
Total $12,867.00 USD
Billing Code: NV

ACCEPT QUOTE
Quote
TMPros - Quote # 6944 3 / 3

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 19 Section Name: CONSENT CALENDAR Account Number: 10-2021 File ID: 24-8873 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Finance Department
MEETING DATE: July 15, 2024
SUBJECT:

Bay Meadows Community Facilities District – Special Tax Levy for Fiscal Year 2024-25 RECOMMENDATION:

Adopt a Resolution to authorize the levy of special taxes for Fiscal Year 2024-25 for the Community Facilities District No. 2008-1 (Bay Meadows).

BACKGROUND:

There are various annual reporting requirements with different reporting dates related to the City of San Mateo Community Facilities District (CFD) No. 2008-1 (Bay Meadows). The requirements include City Council approval of the “Annual Levy of Special Tax” resolution authorizing the levy of special taxes within CFD No. 2008-1. The annual levy is necessary to pay debt service on the outstanding bonds and to pay for certain public services. Approval is due each year prior to the County of San Mateo’s July 31st deadline for the inclusion of such special taxes on the consolidated property tax bills pursuant to Government Code Section 53340 of the Mello-Roos Community Facilities Act of 1982 (the “Act”), or in the case of direct billing, at a different time or manner if necessary to meet its financial obligations.

CFD No. 2008-1 special taxes are for public facilities within the district that encompasses a planned 1,066 residential units (832 units on residential parcels and 234 units on mixed-use parcels), 68 below market-rate rental units, 770,000 square feet of office space, 85,000 square feet of retail space, 31,500 square feet of professional space above ground floor retail, and approximately 135,000 square feet of high school campus and commercial space. The special tax levy is authorized pursuant to Section 53340 of the Government Code and Ordinance No. 2012-1.

As shown in Attachment 2, the special tax requirement includes funds necessary to pay debt service on the outstanding bonds. It also encompasses funds for administrative expenses and the acquisition or construction of authorized facilities within the district. Staff plans to conduct a review in the upcoming fiscal year to determine if the current funding level is adequate to cover the City’s administrative costs and capital improvement project needs in the CFD. Any recommended changes will be presented to the City Council for approval in future tax levy approvals.

BUDGET IMPACT:

The special taxes being levied hereunder are at the same rate or at a lower rate than provided by the Ordinance. The total fiscal year 2024-25 Special Tax Levy for CFD No. 2008-1 is $5,041,334.89.

ENVIRONMENTAL DETERMINATION:

This community facilities special district special tax is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

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NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - CFD No. 2008-1 (Bay Meadows) FY 2024-25 Special Tax Requirement

STAFF CONTACT
Karen Huang, Finance Director
[email protected]
(650) 522-7110

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RESOLUTION NO. ____ (2024)
APPROVING THE FISCAL YEAR 2024-25 LEVY OF SPECIAL TAXES AND APPROVING AND AUTHORIZING RELATED

ACTIONS AND DOCUMENTS
WHEREAS, the Council (the "City Council") of the City of San Mateo (the "City") conducted proceedings under and pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State of California (the "Act"), to form its Community Facilities District No. 2008-1 (Bay Meadows), City of San Mateo, County of San Mateo, State of California (the "CFD”), to authorize the levy of special taxes (the “CFD Special Taxes”) to finance the acquisition and construction of certain public facilities, the payment of certain governmental development impact fees and the provision of certain services, and to authorize the issuance of debt to finance the facilities and fees, and to establish the appropriations limit for the CFD, all as set forth in the City Council's Resolution No. 85 (2008) (the "Resolution of Formation") and Resolution No. 86 (2008) (the "Resolution Deeming it Necessary to Incur Bonded Indebtedness," and together with the Resolution of Formation, the "Formation Resolutions"), both adopted on August 11, 2008; and WHEREAS, the authorizations contained in the Formation Resolutions were submitted to the landowner qualified elector of the CFD at a special mailed-ballot election on August 11, 2008; and WHEREAS, the landowner qualified elector within the CFD approved the authorizations contained in the Formation Resolutions by a unanimous vote; and
WHEREAS, the City Council commenced proceedings to change the authorizations contained in in the Formation Resolutions (the "2011 Change Proceedings") by adopting its Resolution No. 113 (2011) ("Resolution of Consideration") on October 3, 2011; and
WHEREAS, the Proposed Amendments contained and defined in the Resolution of Consideration were submitted to the landowner qualified elector of the CFD at a special mailed-ballot election on November 21, 2011; and
WHEREAS, the landowner qualified elector within the CFD approved the Proposed Amendments contained in the Resolution of Consideration by a unanimous vote; and WHEREAS, the City Council levies special taxes in the CFD pursuant to Ordinance No. 2012-1, which was adopted by the City Council on January 3, 2012, which requires City Council approval of each fiscal year’s levy of CFD Special Taxes; and
WHEREAS, the Formation Resolutions authorized the issuance of up to $120,000,000 in special tax bonds; and
WHEREAS, the 2011 Change Proceedings reduced this authorization to $92,000,000; and WHEREAS, pursuant to the Act the City issued three series of bonds for the CFD (the “Prior Bonds”):

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2 (i) $31,800,000 aggregate principal amount of City of San Mateo Community Facilities District No. 2008-1 (Bay Meadows) Special Tax Bonds, Series 2012 (the “2012 Bonds”); and (ii) $26,000,000 aggregate principal amount of City of San Mateo Community Facilities District No. 2008-1 (Bay Meadows) Special Tax Bonds, Series 2013 (the “2013 Bonds”); and (iii) $28,475,000 aggregate principal amount of City of San Mateo Community Facilities District No. 2008-1 (Bay Meadows) Special Tax Bonds, Series 2014 (the "2014 Bonds"); and WHEREAS, as a result of the issuance of the Prior Bonds in the aggregate principal amount of $86,275,000, the remaining authorization for the issuance of special tax bonds for the CFD (not including refunding bonds as defined in the Act) is $5,725,000; and WHEREAS, for the purpose of refunding the Prior Bonds and achieving debt service savings, the City issued on June 30, 2022 its $72,345,000 City of San Mateo Community Facilities District No. 2008-1 (Bay Meadows) Special Tax Refunding Bonds, Series 2022 (the “2022 Refunding Bonds”); and WHEREAS, the Amended and Restated Rate and Method of Apportionment for the CFD (the “RMA”) provides that the City may not levy less than 100% of the Assigned Special Tax on Developed Property (as those terms are defined in the RMA) unless the City Council has covenanted that it will not issue any additional bonds for the CFD except refunding bonds; and
WHEREAS, in connection with the issuance of the 2022 Refunding Bonds, City staff worked with the Bay Meadows master developer, Wilson Meany, to confirm that all infrastructure improvements to be financed by the CFD have been made and that no additional CFD bonds will need to be issued in the future, except to refinance the outstanding bonds for savings; and
WHEREAS, the Council adopted City Council's Resolution No. 83 (2022) covenanting not to issue additional bonds for the CFD except refunding bonds, which will allow the City to pass to property owners in the CFD the economic benefit of the refunding of the Prior Bonds; and WHEREAS, staff has prepared the proposed Fiscal Year 2024-25 levy of CFD Special Taxes and recommends that the Council approve the proposed levy; and WHEREAS, the CFD encompasses approximately 800 projected residential units and a significant amount of non-residential square footage in the Bay Meadows project area; and WHEREAS, approval of the special tax roll prior to the County of San Mateo’s July 31st deadline for inclusion of special taxes on consolidated property tax bills is required pursuant to Government Code Section 53340 of the Mello-Roos Community Facilities Act of 1982; and WHEREAS, City of San Mateo Ordinance No. 2012-1 (the “Ordinance”) authorizes the Public Works Director to determine the special tax amount in accordance with the Rate and Method of Apportionment, prepare the annual special tax roll, and present the roll to the City Council for consideration; and

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2 WHEREAS, the Ordinance requires that the Public Works Director be authorized to send the special tax, special tax roll, and all necessary and appropriate information to the County of San Mateo Auditor to be included in the County secured property tax rolls for collection each fiscal year.

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

1. This City Council action is not subject to CEQA review because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4)).

2. The City Council finds and determines that the foregoing recitals are true and correct.

3. The City Council hereby approves the proposed Fiscal Year 2024-25 levy, as presented by staff to Council, and authorizes the Public Works Director to effect the levy in accordance with the Act and Ordinance No. 2012-1.

4. The City's officers and staff are hereby authorized and directed, jointly and severally, to do all things and to execute and deliver all documents and contracts they deem necessary or advisable to accomplish the purposes of this Resolution. All such actions previously taken by City officers and staff are hereby ratified, confirmed, and approved.

5. The Controller is hereby authorized to place up to the assessment, charge, or tax on the property tax roll with the following per unit, per square foot, or per acre amounts identified in the table below:

Furthermore, the lowest per parcel assessment is $0.00, and the expected higher per parcel amount will not exceed $500,000. The total Fiscal Year 2024-25 Special Tax Levy for CFD No. 2008-1 is $5,041,334.89.

6. This Resolution shall take effect from and after its date of adoption.

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City of San Mateo
Community Facilities District No. 2008-1 (Bay Meadows)
Fiscal Year 2024-2025 Special Tax Requirement
Remaining Fiscal Year 2023-2024 Sources of Funds:

Debt Service on 2022 Bonds
Administrative Expenses
Remaining Fiscal Year 2023-2024 Obligations:

Interest Due September 1, 2024
Principal Due September 1, 2024
Anticipated Administrative Expenses
Fiscal Year 2023-2024 Surplus/ (Draw on Reserve Fund)
Series 2022 Refunding Bonds
Interest Due March 1, 2025
Interest Due September 1, 2025
Principal Due September 1, 2025
$3,023,734.41
$6,184.34
($1,849,918.75)
($1,140,000.00)
($40,000.00)
($1,821,418.75)
($1,821,418.75)
($1,295,000.00)
$3,029,918.75
($3,029,918.75)
$0.00
($4,937,837.50)
($40,000.00)
($38,808.20)
($24 f 689 .19)
Administrative Expense Obligations
Direct Levy for Payment of Authorized Services
Levy for Anticipated Special Tax Delinquencies (0.5%)
Fiscal Year 2024-2025 Special Tax Requirement $5,041,334.89

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 20 Section Name: CONSENT CALENDAR Account Number: 10-3133 File ID: 24-8902 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: July 15, 2024
SUBJECT:

Below Market Rental Rates, Sales Prices and Unit Community Priorities – 2024 Revisions RECOMMENDATION:

Adopt a Resolution to establish 2024 maximum rental rates and sales prices for affordable housing as required by the City of San Mateo's Below Market Rate (BMR) housing program; and establish Community Priority for units containing three or more bedrooms, which may allow a developer to provide fewer BMR units in exchange for units with more bedrooms as long as all other BMR program provisions are followed.

BACKGROUND:

In November 1992, the City Council established the BMR housing program that requires new housing developments of 11 or more units include a certain percentage of the units as "affordable.” The affordable housing targets have been revised from time to time. As of February 2020, a rental project must include 15% of the units that are affordable to Lower Income households, whose incomes do not exceed 80% of the median income ($109,700-$206,800, depending upon family size).

For owner occupied housing, 15% of the units must be affordable to Moderate Income households, whose incomes do not exceed 120% of the area median income ($156,750-$295,550, depending upon family size). These are the minimum requirements; developers may elect to utilize State Density Bonus provisions to provide deeper affordability in exchange for development concessions.

The City receives updated median income figures from the U. S. Department of Housing and Urban Development (HUD) and the California Department of Housing and Community Development (HCD) offices each spring. All BMR units are subject to maximum rental rates and sales prices that are revised by the City Council on an annual basis to reflect changes in the Area Median Income (AMI) as well as average interest rates for mortgages and other monthly ownership housing costs. This year, the median income increased approximately 6.6%. However, in 2019, the City Council adopted a 4% cap on BMR rental increases to address the significant median income increases over the past few years.

Rental Rates
Maximum rental rates are determined by calculating 30% of 50% of the AMI for Very Low Income, adjusted for family size, and 30% of 60% of the AMI for Low Income, adjusted for family size. The maximum rent figures include the cost of gas and electric utilities, garbage collection, and water, but exclude telephone. Calculated rents cannot exceed Fair Market Rents (FMR) as published by the San Mateo County Housing Authority.

Utilizing these formulas, the maximum BMR rental rates after applying the 4% cap over last year (for 2023) are:

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2024 Maximum Rental Rates for Below Market Rate Housing Program Very Low Income (50% AMI) Low Income (80% AMI)
Studio $1,316 $1,569
One-Bedroom $1,493 $1,797
Two-Bedroom $1,684 $2,025
Three-Bedroom $1,873 $2,252
Four-Bedroom $2,025 $2,429
Very Low and Low Income maximum rents increased approximately $51-$93 over the prior year but remain well below current market rents.

Sales Prices
Maximum sales prices for condominiums and townhouses are established by first determining an affordable monthly housing payment, which is defined as 30% of 100% of AMI, adjusted for family size, for Moderate Income and 30% of 70% of AMI, adjusted for family size, for Low Income. An allowance for property taxes, insurance, and homeowners’ association dues is factored into the monthly payment. The sales price is then calculated assuming a 5% down payment and an interest rate based on the 15-year average, as published by Freddie Mac (4.39%). Sales prices for single-family detached houses are calculated using the above-mentioned methodology, except that the household income used to calculate the monthly payment for detached single family houses is 35% of 110% of AMI.

Utilizing these formulas, the maximum sales prices for 2024 are:
2024 Maximum Sales Prices for Below Market Rate Housing Program Low Income (80% AMI)
Condo/Townhouse
Moderate Income (120% AMI)
Condo/Townhouse
Moderate Income (120% AMI)
Single-Family
Studio $319,000 $495,000 N/A
One-Bedroom $355,000 $555,000 $744,000
Two-Bedroom $413,000 $638,000 $851,000
Three-Bedroom $468,000 $719,000 $955,000
Four-Bedroom $515,000 $786,000 $1,041,000
Community Priority
BMR program revisions effective January 1, 2010 included flexibility in the bedroom count of the BMR units based on City Council adoption of community priorities. An applicant may propose a different bedroom mix in the BMR units other than a straight pro rata of the market rate units as long as the total bedroom count is the same or more, and that the total number of BMR units equal at least 10% of the project. For 2024, staff recommends that Council continue to adopt a Community Priority for large units consisting of three or more bedrooms, based on the shortage of those units currently in the BMR inventory compared to the families on the waiting lists. For example, a 40-unit complex consisting of all two- bedroom units could provide the City four 3-bedroom units (10%) instead of the standard requirement of six 2-bedroom (15%) units. The City Council has the ability to change this priority each year to respond to different needs in the future.

BUDGET IMPACT:

No impact to City funds. Prices affect developer's costs by restricting income from rent and sales proceeds.

ENVIRONMENTAL DETERMINATION:

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

All meeting noticing requirements were met.

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ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Rachel Horst, Housing & Neighborhood Services Manager
(650) 522-7223
[email protected]

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CITY OF SAN MATEO
RESOLUTION NO. (2024)
ESTABLISHING THE 2024 MAXIMUM RENTAL RATES AND SALES PRICES FOR AFFORDABLE HOUSING AS

REQUIRED BY THE BELOW MARKET RATE HOUSING PROGRAM, AND ESTABLISHING COMMUNITY PRIORITY

FOR LARGER UNITS
WHEREAS, the Below Market Rate Housing Program (BMR Program) was established in 1992, and is reviewed by the Council annually to establish maximum rental rates and sales prices for affordable housing, and WHEREAS, a revision to the BMR Program, effective in January 2010, included flexibility in how a developer can satisfy the City’s BMR requirement, based on total bedroom count and adopted community priorities for the number of bedrooms in each unit; and WHEREAS, the City annually revises the rental rates and sales prices for the BMR Program based on median income data provided by the United States Department of Housing & Urban Development and the California Department of Housing & Community Development offices; and WHEREAS, as set forth in the accompanying Administrative Report, staff has reviewed the rental rates and sales prices for the BMR Program and recommends that the City Council adopt the rates set forth in Exhibit A attached to this Resolution; and
WHEREAS, staff recommends that the City Council establish Community Priority for units consisting of three or more bedrooms, based on the shortage of those units currently in the BMR inventory compared to the families on the waiting lists, which will allow a developer to provide fewer BMR units in exchange for unit with three or more bedrooms as long as all other BMR program provisions are followed;

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

1. In accordance with California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) this action is not a project subject to CEQA because it can be seen with certainty that it will not have a significant effect on the environment.

2. The 2024 maximum rental rates, including utilities and garbage, and sales prices for BMR units are established at the rates set forth in Exhibit A, attached to this Resolution.

3. The establishment of a Community Priority need for units containing three bedrooms or more is established. A developer may propose a different bedroom mix in the BMR units as long as the developer provides BMR units with three or more bedrooms such that the total bedroom count is equal to or higher than what would otherwise be required pursuant to the BMR Guidelines, the total number of BMR units is 10% or more for the project, and all other BMR Program provisions are followed. See Exhibit B for the methodology to calculate the equivalency.

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EXHIBIT A
2024 MAXIMUM RENTAL RATES
(Including Utility Allowance)
Very Low Income Low Income
Studio $1,316 $1,569
1-Bedroom $1,493 $1,797
2-Bedroom $1,684 $2,025
3-Bedroom $1,873 $2,252
4-Bedroom $2,025 $2,429
2024 MAXIMUM SALES PRICES
Low Income
Condo/Townhome
Moderate Income
Condo/Townhome Single Family Detached
Studio $319,000 $495,000 n/a
1-Bedroom $355,000 $555,000 $744,000
2-Bedroom $413,000 $638,000 $851,000
3-Bedroom $468,000 $719,000 $955,000
4-Bedroom $515,000 $786,000 $1,041,000

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EXHIBIT B

BELOW MARKET RATE ALTERNATIVE

FOR VARIATION OF THE BEDROOM COUNT IN BMR UNITS
Based on City Council adoption of a Community Priority, an applicant may propose a different bedroom mix in the BMR units as long as the developer provides BMR units with three or more bedrooms such that the total bedroom count is equal to or higher than what would otherwise be required pursuant to the BMR Guidelines, the total number of BMR units is 10% of or more for the project, and all other BMR Program provisions are followed.

When the Community Priority is for larger units with 3 or more bedrooms, the following methodology is used to calculate the required number of BMR units:
•Calculate the pro rata number of Market Rate units by bedroom type by multiplying .15 times the number of units for each bedroom size to establish the baseline. •Calculate the total number of bedrooms in the baseline BMR units. Use .75/ unit for studio units. •Developer may propose a different mix of bedrooms if it increases the number of units with 3 or more bedrooms, provides an equivalent bedroom count the same or greater than the baseline, and provides a total BMR unit count of at least 10% of the project size.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 21 Section Name: CONSENT CALENDAR Account Number: 10-1711 File ID: 24-8903 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: July 15, 2024
SUBJECT:

Kroger Opioid Settlement – Agreement
RECOMMENDATION:

Approve the City’s participation in a no-cost opioid settlement agreement with Kroger, and authorize the City Attorney to execute documents confirming the City’s participation, directing the City’s share of settlement funds be provided to the City of San Mateo, and redirecting previously approved settlement funds back to the City of San Mateo.

BACKGROUND:

Over the last several years, a number of nationwide litigation matters have been filed against manufacturers, distributors, and retailers of opioids. The allegations in these lawsuits have generally been that the defendants were complicit in the increasing problem of opioid addiction in the United States, and that they knew or should have known that the products they made or sold were being misused.

On December 6, 2021, the City Council authorized the City Attorney to take all necessary steps and execute appropriate documents to participate in opioid settlement agreements with three opioid distributors – Cardinal Health, McKesson, and AmerisourceBergen (hereinafter, the “Distributors”) and the opioid manufacturer Janssen Pharmaceuticals, Inc., which is owned by Johnson and Johnson (collectively, “J&J”), and agree to implementing agreements. The City later joined settlement agreements involving Teva, Allergan, Walmart, CVS, and Walgreens.

On August 15, 2022, the City Council authorized the City Manager and City Attorney to direct settlement funds from the Opioid Settlement Agreements with Distributors and J&J to San Mateo County for the duration of both agreements, in the approximate amount of $820,000, and confirm staff action to direct the first-year payment of Distributor settlement funds in the amount of $28,464.21 to the County.

Last year, Attorney General Bonta announced a proposed multistate settlement with chain pharmacy Kroger for up to $1.37 billion. California stands to receive up to $122 million in abatement funding from this settlement. Like the Janssen/J&J, Distributors, Teva, Allergan, Walmart, CVS, and Walgreens settlements, local government support and sign-on is required to maximize the amount coming to our communities and eligible cities may elect to receive direct payment or have their allocated share go to the county in which they are located.

Signing the participation agreement involving Kroger will help direct settlement funds towards opioid mitigation efforts locally. If the City opts into the settlements, it must release its claims against Kroger. The State of California and San Mateo County have both joined the settlements. The deadline to join the settlement is August 12, 2024.

If the City does not sign the participation agreement, then the funds will go to the State, but the total amount the State receives may be reduced since it is based on participating cities and counties. By not opting in, the City preserves the

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ability to litigate against the opioid distributors and manufacturers.

These funds will go to the City if it joins the settlements and opts for direct payment. If the City joins the settlements but does not opt for direct payment, those funds will go to San Mateo County.

Redirecting funds from San Mateo County back to the City of San Mateo will enable the use of additional opioid settlement funds locally. Funds going directly to participating states and subdivisions must be used for pre-approved purposes designed to help abate the opioid epidemic. These include a wide range of intervention, treatment, education, and recovery services. If the City receives direct payment it is obligated to report on the use of the funds, which must be used primarily for opioid abatement.

BUDGET IMPACT:

There is no budget impact for taking this action as it involves a decision whether to participate in settlement agreements.

Staff will return to the Council later for direction as to whether the City should receive direct payments or authorize payment of the settlement funds to San Mateo County.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

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

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 22 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 24-8904 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: July 15, 2024
SUBJECT:

City Manager’s Office and Police Department – Classification Updates RECOMMENDATION:

Adopt a Resolution to 1) reallocate the vacant Communications and Public Relations Analyst to create a new classification Communications and Engagement Coordinator I-II in the City Manager's Office; 2) approve the job specification for the classification of Communications and Engagement Coordinator I-II; 3) set the salary range for Communications and Engagement Coordinator I to match the salary range of Management Analyst I, and the salary range for Communications and Engagement Coordinator II to match the salary range of Management Analyst II; 4) consolidate the existing Dispatcher I-II flexibly-staff classification to create a new classification Dispatcher in the Police Department; 5) approve the job specification for the classification of Dispatcher; and 6) set the salary range for the classification of Dispatcher to match the Dispatcher II.

BACKGROUND:

City Manager’s Office - Communications and Engagement Coordinator I-II classification The current vacant status of the Communications and Public Relations Analyst position, in the City Manager’s Office (CMO) has created an opportunity to reconfigure staffing in the City Manager’s Office to reflect its current and future needs. Since this position was moved from Public Works to the City Manager’s Office in October 2023, the Communications Program team has absorbed the responsibilities previously assigned to this role. The shift of additional duties onto the City Manager’s Office, and the growth in City communication activities generally, has impacted the workload of the Communications Program team and their ability to perform day-to-day duties. To support coordinated, improved, and expanded communications, the City Manager recommends reallocating the Communications and Public Relations Analyst position to Communications and Engagement Coordinator I-II. The reallocation of this position will allow the Communications Program team to provide increased coverage of the day-to-day communication needs of the City Manager’s office, and City departments without assigned communications staff. This role would be responsible for assisting with community events and meetings, writing and editing public-facing communications documents, filming and photographing City events, and maintaining the City’s website content and social media, among other duties. CMO recommends setting the monthly salary of the Communications and Engagement Coordinator I role to match the salary range of Management Analyst I (job code 2023) at $8,068.48 - $9,616.14 and setting the monthly salary range of Communications and Engagement Coordinator II to match the salary range of Management Analyst II (job code 2022) at $8,859.18- $10,561.08.

Police Department – Dispatcher classification
The Dispatcher I/II classification was initially established by the City Council on April 12, 1981. Dispatchers play a pivotal role in delivering essential support services to both the Police Department (PD) and the community. The distinction between Dispatcher I and Dispatcher II delineates differences in responsibilities, expertise, and proficiency levels.

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Dispatcher I positions typically serve as entry points into the profession, ideal for newcomers or those with limited experience. Upon successful completion of probation, Dispatcher I employees should transition to Dispatcher II status.

Dispatcher II roles are tailored for individuals with advanced experience or specialized skills, encompassing critical tasks such as emergency call management, dispatching, coordination of resources, and providing crucial information to officers in the field.

In principle, this tiered structure is designed to facilitate career advancement, offering a clear pathway for individuals to progress from Dispatcher I to Dispatcher II roles as they accumulate skills and experience. However, in practice, this dual- tier system has encountered challenges. Most importantly, the existing salary structure for Dispatcher I positions might not be attracting enough qualified candidates to these roles.

By merging Dispatcher I and Dispatcher II positions into a single classification, staff anticipates numerous benefits for the Department. Consolidating these roles streamlines the recruitment and hiring process, making it more efficient and less administratively burdensome. A unified classification enhances flexibility within the workforce, allowing dispatchers to be trained and deployed to handle a wider array of tasks and responsibilities, thus optimizing resource utilization and operational efficiency. This consolidation also holds the potential for cost savings by eliminating the need for separate training programs and administrative processes associated with multiple levels. A unified classification promotes greater collaboration and consistency in service delivery, ensuring that communities receive a uniform level of support and assistance from dispatchers regardless of their previous classification level. Overall, merging Dispatcher I and Dispatcher II positions creates a more cohesive and effective dispatch framework within the City, benefiting both dispatchers and the community they serve, and helps bolster recruitment endeavors for a profession currently facing a staffing crisis.

To address the needs of the PD to bolster recruitment efforts and streamline processes, the PD is requesting to create a new classification Dispatcher by consolidating the Dispatcher I-II flexibly-staff classification and setting the monthly salary range of the Dispatcher classification to match the monthly salary range of the Dispatcher II (job code 4556) at $8,244.27 - $9,824.92.

BUDGET IMPACT:

The reallocation of the Communications and Public Relations Analyst to a Communications and Engagement Coordinator I- II position will be cost neutral and have no fiscal impact on the current year’s budget.

The Police Department does not currently have any employees in the Dispatcher I classification; therefore, there is no immediate budget impact from the proposed change. However, this change will increase the entry-level starting salary. Currently, new dispatchers with limited experience are typically hired at Dispatcher I, step 1. Under the proposed change, the entry-level starting salary will be set at the equivalent of Dispatcher II, step 1, which is approximately 10% higher than the current rate. The Police Department currently has 14 authorized dispatcher positions, with 10 filled and 4 vacant.

ENVIRONMENTAL DETERMINATION:

These classification updates are not subject to CEQA, because they will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Job Specifications
Exhibit B – Merit Salary Schedule

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CITY OF SAN MATEO

STAFF CONTACT
Lourdes Coles, Senior Human Resources Analyst
[email protected]
650.522.7264

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CITY OF SAN MATEO
RESOLUTION NO. __ (2024)

APPROVING THE CLASSIFICATION UPDATES IN
THE CITY MANAGER’S OFFICE AND POLICE DEPARTMENT
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed updates as detailed below will allow the Communications Program team to provide increased coverage of the day-to-day communication needs of the City Manager’s office, and City departments without assigned communications staff, and will help the Police Department streamline processes and enhance recruitment efforts; and
WHEREAS, the proposed job specifications for the classifications of Communications and Engagement Coordinator I-II and Dispatcher are attached hereto as Exhibit A, and incorporated by reference; and WHEREAS, the proposed salary ranges for the classifications of Communications and Engagement Coordinator I-II and Dispatcher are attached hereto as Exhibit B, and incorporated by reference; and WHEREAS, the employee associations representing the impacted classifications have been informed of the proposed classification updates and have not brought forth any objections or concerns.

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

1. The classification updates are not subject to California Environmental Quality Act (CEQA Guidelines Section 15061(b)(3)) because it can be seen with certainty that they will not cause a physical change in the environment; and

2. The reallocation of the vacant Communications and Public Relations Analyst to create a new classification Communications and Engagement Coordinator I-II; and

3. The consolidation of the Dispatcher I-II flexibly-staff classification to create a new classification Dispatcher; and

4. The job specifications for the classifications of Communications and Engagement Coordinator I-II and Dispatcher attached hereto as Exhibit A; and

5. The salary ranges for the classifications of Communications and Engagement Coordinator I-II and Dispatcher attached hereto as Exhibit B, are approved.

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Exhibit A

COMMUNICATIONS AND ENGAGEMENT COORDINATOR I-II

DEFINITION
To coordinate and implement community-based events and programs for a department; to develop content for social media outlets regarding the department and its programs, services, and activities; and perform related work as required.

DISTINGUISHING CHARACTERISTICS
Communications and Engagement Coordinator I - This is an entry level technical classification responsible for the coordination of community outreach efforts, including special events, and a variety of social media outlets.

Communications and Engagement Coordinator II - Appointment to the higher class requires that the employee be performing substantially the full range of duties for the class and meet the qualification standards for the class. A Communications and Engagement Coordinator II works under general supervision and is expected to perform the entire range of administrative and technical duties requiring a complete knowledge of departmental policies and procedures. Work in this class is distinguished from that of a Communications and Engagement Coordinator I by the greater complexity of the assignments received, by the greater independence with which an incumbent is expected to operate, and by handling more directly public-facing assignments.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from higher level departmental or administrative management personnel.

EXAMPLES OF ESSENTIAL DUTIES – Depending upon assignment, duties may include, but are not limited to, the following:

Coordinate, participate in, and organize staff for general resident and business community outreach programs, including community events such as September Nights on B Street, community meetings, and City events.

Participate, plan and provide assistance with community events, meetings (including facilitating and developing agendas), group/tour visits, and activities.

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5 5
6 6
Write, edit, design and produce press releases, public service announcements, brochures, fact sheets and presentations to create public awareness of department activities and events.

Maintain and assist the department’s website, social media and technological outreach systems for content and design, ensuring accuracy, consistency and quality.

Take field photographs, including at events, for use in City materials.

Assist in basic press/media correspondence.

Assist in tracking and organizing materials to be printed and mailed, including vendor coordination.

Film live or staged events and edit footage for use in City materials and/or online posting.

Use a variety of software to create visual graphics and marketing materials; may film and edit videos for the department's social digital media presence to ensure content is professional, current and innovative.

Respond to questions and requests for information in person and in writing using professional and best practice methods.

Conduct public presentations to groups of all sizes.

Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.

Assist in fostering an environment that embraces diversity, integrity, trust, and respect.

Be an integral team player, which involves flexibility, cooperation, and communication.

Perform related duties as assigned.

QUALIFICATIONS
Communications and Engagement Coordinator I
Knowledge of:

Graphic design software and digital media tools.

Principles and practices of communication, including writing and editing content for social media, and writing and editing Press Releases.

Department programs and activities.

Ability to:

Plan, organize and monitor community engagement activities.

Communicate and interact effectively with others; read, understand, interpret and apply rules and regulations; organize and maintain records; meet deadlines; write clear and accurate communications; operate modern office equipment.

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Communicate with others both verbally and in writing to assimilate and understand information in a manner consistent with the essential job functions.

Make sound decisions in a manner consistent with the essential job functions.

Experience and Education:

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

Experience:

One year of work experience in public relations or communications.

Education:

Equivalent to completion of the twelfth grade, supplemented by college-level courses in communications or a related field.

Communications and Engagement Coordinator II
Knowledge of:

Graphic design software and digital media tools.

Principles and practices of communication, including writing and editing content for social media.

Department programs and activities.

Basic research techniques.

Principles and practices of organization.

Principles of public event management.

Ability to:

Plan, organize, monitor, and direct community engagement activities.

Communicate and interact effectively with others; read, understand, interpret and apply rules and regulations; organize and maintain records; meet deadlines; work independently; write clear and accurate communications; operate modern office equipment.

Operate basic audio-visual equipment.

Communicate with others both verbally and in writing to assimilate and understand information in a manner consistent with the essential job functions.

Make sound decisions in a manner consistent with the essential job functions.

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5 5
6 6
Establish and maintain cooperative working relationships across City departments.

Develop and lead projects of various levels of complexity with support from higher level management staff.

Experience and Education:

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

Experience:

Two years of work experience in public relations, communications, or marketing.

Education:

Equivalent to a Bachelor’s Degree from an accredited college or university with major work in communications, marketing, public administration or a related field.

License or Certificate:

Possession of a valid State of California driver’s license and appropriate license classification as required.

ADA Special Requirements:

Essential duties require the following physical skills and work environment:

Ability to work in a standard office environment; ability to travel and have free range of mobility at a variety of types of sites and locations; must have audio and visual capabilities sufficient to fulfill photography and videography requirements of the role.

ADOPTED CC: 07/15/24
REVISED CC:

FORMER TITLES:

BARGAINING UNIT: GENERAL UNIT
FLSA: COMMUNICATIONS AND ENGAGEMENT COORDINATOR I - NON-EXEMPT COMMUNICATIONS AND ENGAGEMENT COORDINATOR II – NON-EXEMPT PERFORMANCE APPRAISAL: WHITE COLLAR LEADS / PROGRAMS
DOT: NO
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: NO
JOB CODES: COMMUNICATIONS AND ENGAGEMENT COORDINATOR I – 5484 COMMUNICATIONS AND ENGAGEMENT COORDINATOR II – 5485
ABOLISHED:

REACTIVATED:

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DISPATCHER

DEFINITION
To receive all incoming calls for police and fire assistance for a number of local jurisdictions and dispatch necessary units using a computer aided dispatch system; to perform a variety of general support duties related to communications activities; and to do related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives immediate supervision from a Dispatch Services Supervisor and Police Technical Services Administrator.

May exercise technical or functional supervision to new employees.

EXAMPLES OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:

Process emergency calls from the public requesting police, fire, ambulance or other emergency service within a number of local jurisdictions on computer aided dispatch terminal.

Determine nature, location, and priority of emergency; coordinate response of police, fire, ambulance or other emergency units through computer aided mobile data terminals in accordance with established procedures.

Maintain contact with all units on assignment; maintain status and location of police field units and fire units using computer status display.

Answer non-emergency calls; relay information and assistance requests involving other law enforcement and firefighting agencies.

Assist in training new employees in dispatch, including complaint desk and teletype operation.

Operate teletype machine to retrieve information from teletype networks relating to wanted persons, stolen property, vehicle registration, stolen vehicles and other information.

Contact relatives of victims of traffic collisions or crimes for identification of subjects.

Contact district attorney's office, probation officers, state parole officers, police agencies and fire agencies regarding various emergency and non-emergency incidents.

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5 5
6 6
Coordinate countywide roadblocks with the law enforcement agencies during major crime incidents; contact agencies outside the county regarding suspect information.

Perform a variety of record keeping, filing, indexing, and other general clerical work. Test and inspect equipment as required.

Compile statistics on calls received.

Learn and master emerging software technologies.

May testify in court regarding activities leading to legal proceedings.

May act as shift supervisor in the absence of the Senior Dispatcher.

QUALIFICATIONS
Knowledge of:

English usage, spelling, grammar and punctuation.

Standard radio or telephone communications receiving and transmitting equipment. Modern office procedures, methods and computer equipment.

Uses and capabilities of the City's computer aided dispatch system. Standard radio broadcasting procedures and rules.

Procedures and policies pertaining to the dispatching of emergency equipment. Public safety classification codes and computer commands.

Ability to:

Communicate clearly and concisely, both orally and in writing. Learn standard broadcasting procedures and rules.

Learn to operate a sophisticated computer aided dispatch system quickly and accurately. Learn the uses and capabilities of the City's computer aided dispatch system.

Work under pressure, exercise good judgment, and make sound decisions in emergency situations with a minimum amount of supervision.

Learn geographic features and streets within the area served and other user agencies.

Learn department procedures and policies pertaining to the dispatching of City emergency equipment and those of other user agencies.

Effectively elicit information from callers.

Establish and maintain cooperative working relationships with those contacted in the course of work.

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Type at a speed necessary for adequate job performance. Understand and follow oral and written instructions.

Learn to operate a computerized dispatch teletype and other office equipment.

Learn public safety classification codes and computer commands. Spell accurately.

Work various shifts as assigned.

Operate a sophisticated computer aided dispatch system quickly and accurately.

Assist in training new employees.

Operate a computerized dispatch teletype and other office equipment quickly, accurately and, at times, concurrently.

Experience and Education Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Some telephone or dispatch experience is highly desirable.

Education:

Equivalent to completion of the twelfth grade.

License or Certificate
Verification of successful completion of the P.O.S.T. Entry-Level Dispatcher Selection Test Battery Examination with a minimum passing “T-score” of 48 or higher or verification of successful completion of a CritiCall Examination with a preferred passing score of 50 or higher.

Possession of, or ability to attain, a P.O.S.T. Dispatcher Certificate. This can be accomplished during the course of employment.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to work in a standard office environment with some ability to sit for long periods of time, twist, and reach.

ADOPTED CC: 07-15-24
REVISED CC:

FORMER TITLES: DISPATCHER I-II
BARGAINING UNIT: POA-NS
FLSA: NON-EXEMPT
PERFORMANCE APPRAISAL: DISPATCHER
DOT: NO

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5 5
6 6
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
FORM 700: NO
JOB CODES: 4558
ABOLISHED:

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Exhibit B
City of San Mateo – Merit Salary Schedule for Adoption by Council on July 15, 2024 Communications and Engagement Coordinator I (Job Code 5484) Steps Hourly Biweekly Monthly Annual
Step 1 46.55 3,723.91 8,068.48 96,821.76
Step 2 48.65 3,893.03 8,434.89 101,218.68
Step 3 50.82 4,065.47 8,808.51 105,702.12
Step 4 53.11 4,249.06 9,206.30 110,475.60
Step 5 55.47 4,438.22 9,616.14 115,393.68
Communications and Engagement Coordinator II (Job Code 5485) Steps Hourly Biweekly Monthly Annual
Step 1 51.13 4,088.85 8,859.18 106,310.16
Step 2 53.45 4,274.65 9,261.75 111,141.00
Step 3 55.79 4,464.92 9,674.00 116,088.00
Step 4 58.34 4,666.30 10,110.31 121,323.72
Step 5 60.92 4,874.34 10,561.08 126,732.96
Dispatcher (Job Code 4558)
Steps Hourly Biweekly Monthly Annual
Step 1 47.58 3,805.05 8,244.27 98,931.24
Step 2 49.64 3,972.46 8,607.00 103,284.00
Step 3 51.90 4,150.98 8,993.78 107,925.36
Step 4 54.22 4,337.23 9,397.33 112, 767.96
Step 5 56.69 4,534.58 9,824.92 117,899.04

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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: 23 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8922 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: July 15, 2024
SUBJECT:

By-Right Housing Opportunity Overlay District – Zoning Code and Map Amendments – Ordinance Adoption RECOMMENDATION:

Adopt an Ordinance amending San Mateo Municipal Code Title 27 Zoning, to add Chapter 27.94, Housing Opportunities Overlay District (H), which would allow certain types of housing projects by-right on specified parcels, and amending the San Mateo Zoning Map to establish the “H” overlay on 39 parcels; and Adopt a separate Ordinance reclassifying the zoning for 200 S. Fremont Street from R4-D to R4-D/H; and find that the ordinances are exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With A Community Plan, General Plan, or Zoning).

BACKGROUND:

On June 17, 2024, the City Council introduced two separate ordinances, the first ordinance (Attachment 1) was to amend San Mateo Municipal Code Title 27 Zoning, to add Chapter 27.94, Housing Opportunities Overlay District (H), which would allow certain types of housing projects by-right on specified parcels, and amending the San Mateo Zoning Map to establish the “H” overlay on 39 parcels; and the second ordinance (Attachment 2) was to reclassify the zoning for 200 S. Fremont Street from R4-D to R4-D/H. If adopted, each ordinance will become effective 30 days after its adoption.

BUDGET IMPACT:

There is no budget impacted associated with this ordinance adoption ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Draft Ordinance
Exhibit A: List of Parcels
Exhibit B: Ordinance Map
Att 2 – Draft Ordinance for 200 S. Fremont
Exhibit A: Ordinance Map

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CITY OF SAN MATEO

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

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CITY OF SAN MATEO

DRAFT ORDINANCE
Adding Chapter 27.94, Housing (H) Opportunities Overlay District, to Title 27, Zoning, of the San Mateo Municipal Code and Amending the Zoning Map of the City of San Mateo to Establish the Housing Opportunities Overlay District (H)
WHEREAS, the State Housing Element Law (Government Code Section 65580 et seq.) requires that the City Council adopt a H ousing Element for the eight- year period of 2023 -2031 to accommodate the City of San Mateo (“City”) regional housing need allocation (RHNA) of 7,015 housing units; and WHEREAS, on May 20, 2024, the City Council adopted a resolution to adopt the revised Housing Element of the General Plan for the period of 2023-2031 (Housing Element); and WHEREAS, Government Code Section 65583.2(c) requires nonvacant sites identified in a prior housing element and vacant sites that have been included in two or more consecutive planning periods that were not approved to develop a portion of the City’s assigned RHNA to be rezoned to allow for residential use by-right for housing developments in which at least 20 percent of the units are affordable to lower income households; and
WHEREAS, pursuant to Government Code Section 65583.2(c), Policy H 1.10 of the 2023-2031 Housing Element requires amending the Zoning Code to establish a by-right zoning designation for housing sites reused from prior Housing Elements for housing projects that propose a minimum of 20 percent affordable units for lower income households and allows a minimum of 30 dwelling units per acre; and
WHEREAS, the Housing Element has identified sites that can accommodate sufficient housing units to meet the City’s RHNA plus a buffer, and includes 35 nonvacant sites that were identified in the prior housing element and five (5) vacant sites that have been included in two or more consecutive planning periods and were not approved for development; and WHEREAS, the zoning designation for by-right residential uses allowing 30 dwelling units per acre is within the density limits of the land use designations of the San Mateo General Plan 2040; and WHEREAS, the Environmental Impact Report (EIR) for the San Mateo General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040; and
WHEREAS, on March 18, 2024, at a duly noticed public hearing, the City Council certified the EIR for the San Mateo General Plan 2040, pursuant to the California Environmental Quality Act of 1970, together with related State implementation guidelines promulgated thereunder (CEQA); and WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed public hearing, received all written and oral public comments, and recommended that the City Council approve the proposed ordinance establishing the Housing Opportunity Overlay District (H) and amending the zoning map to reclassify parcels on housing sites used in previous Housing Elements with the Housing Opportunity Overlay District (H).

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

SECTION 1. Legislative Findings. At a duly noticed public hearing on June 17, 2024, the City Council of the City of San Mateo reviewed and considered the accompanying staff report and attachments thereto, the exemption from environmental review, together with comments received during the public review process, and hereby finds and determines that the proposed ordinance is consistent with the adopted General Plan in that it supports the development of housing and achieves the General Plan’s stated goals and policies.

SECTION 2. Chapter 27.94 is added to Title 27 of the San Mateo Municipal Code as follows:

Chapter 27.94 Housing Opportunities Overlay District (H)

27.94.005 Purpose
The purpose of the Housing Opportunities Overlay District (H) is to establish by-right residential uses on sites identiﬁed to accommodate a portion of the housing need for lower income housing in the General Plan Housing Element, pursuant to Government Code Sections 65583.2(c) and (i). This chapter establishes minimum development requirements and procedures for reviewing and approval of the by- right residential development uses.

27.94.010 By-Right Residential Use Eligibility
The following housing development projects are eligible for by-right approval. Housing development projects that are ineligible for by-right approval shall be subject to the requirements for residential development in the underlying zoning district.
(a) Pursuant to Government Code Section 65583.2(c) and (h), housing development projects in which at least 20 percent of the units proposed are affordable to lower income households, as defined in Health and Safety Code Section 50079.5, and is a household whose income is equal to or less than eighty percent of the area median income, as published by the California Department of Housing and Community Development. The housing development project shall be allowed at the density allowed in the underlying zoning district and shall be allowed a minimum density of at least 30 dwelling units per acre. A “housing development project” shall have the same meaning as defined in Government Code Section 65589.5(h)(2).

27.94.020 By-Right Residential Use Requirements
(a) Site plan and architectural review approval is required under Chapter 27.08, Rules of Procedure. The Zoning Administrator shall be the approval authority for projects proposed pursuant to this chapter that comply with the City’s Municipal Code and Objective Design Standards. The Zoning Administrator shall not exercise any discretion in the review process for such projects and their decision shall be final.
(b) The site plan and architectural review shall not constitute a “project” for the purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

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(c) Any subdivision of the site shall be subject to all laws, including, but not limited to Title 26 of the City of San Mateo Municipal Code (Subdivisions).
(
d) Notwithstanding Section 27.94.010, the following objective development standards shall apply to housing development projects built pursuant to this chapter:
(1
) Development standards set forth in the underlying zoning district. (2
) For a project within another overlay district, the development standards of the overlay district.
(3
) For development projects within an E2 Zoning District without an overlay district, the R4 development standards.
(4
) For development projects within a Specific Plan or within the TOD zoning district, the applicable development standards of the Specific Plan or TOD zoning district. (5
) Objective Design Standards for multi-family and residential mixed-use projects as a
dopted by City Council resolution.
(6
) Applicable standard conditions of approval.

S
ECTION 3. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15183, the zoning amendment to establish a by-right residential overlay district and reclassify parcels with the overlay district (“project”) is exempt from further environmental review because the Project is consistent with the land use designation for the sites adopted as part of the General Plan 2040 for which an Environmental Impact Report (EIR) was certified by the City Council on March 18, 2024 and the allowed residential development density is also consistent with the development density established by zoning or general plan policies. There are no project specific effects that are peculiar to the project or the sites; there are no project specific impacts that the General Plan Update EIR failed to analyze as significant effects; there are no potentially significant off-site and cumulative impacts that the general plan EIR failed to evaluate; and there is no substantial new information which results in more severe impacts than anticipated by the general plan EIR, all as further explained in the CEQA memorandum attached to the staff report. Furthermore, any future development of the sites pursuant to these code amendments would not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code pursuant to Government Code Section 65583.2(i).

SECTION 4. Zoning Map. The Zoning Map of the City of San Mateo is hereby amended to add the Housing Opportunities Overlay District (H) on the 39 properties listed in Exhibit A and depicted in Exhibit B, attached hereto and incorporated by reference. The Zoning Map shall be amended to reflect this amendment.

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SECTION 5. 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 6. 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 7. 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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EXHIBIT A
Site Address Assessor Parcel
Number
Current Zoning
Designation
Amended Zoning
Designation
4 W Santa Inez Ave 032-075-010 R4 R4/H
1 Engle Rd 032-075-100 R4 R4/H
121 N San Mateo Dr 032-292-070 E2-1.5 E2-1.5/H
117 N San Mateo Dr 032-292-080 E2-1.5 E2-1.5/H
5 N San Mateo Dr 032-312-250 E2-0.5/R5 E2-0.5/R5/H
402 Tilton Ave 032-331-010 R3 R3/H
406 Tilton Ave 032-331-020 R3 R3/H
20 N Railroad 032-331-150 R3 R3/H
131 N Kingston 033-171-060 R4 R4/H
1218 Monte Diablo 033-171-180 R4 R4/H
E 5th Ave/San Mateo Dr 034-144-240 CBD/R CBD/R/H
480 E 4th Ave 034-183-060 CBD/S CBD/S/H
1620 S Delaware St 035-200-070 TOD TOD/H
1731 Leslie St 035-215-060 TOD TOD/H
1741 Leslie St 035-221-010 TOD TOD/H
1753 Leslie St 035-221-020 TOD TOD/H
678 Concar Dr 035-242-090 TOD TOD/H
666 Concar Dr 035-242-140 TOD TOD/H
1855 S Delaware St 035-242-160 TOD TOD/H
1880 S Grant St 035-242-170 TOD TOD/H
690 Concar Dr 035-242-190 TOD TOD/H
1820 S Grant St 035-242-200 TOD TOD/H
640 Concar Dr 035-242-210 TOD TOD/H
Concar Dr/S Delaware St 035-242-220 TOD TOD/H
229 W 20th Ave 039-052-350 R3 R3/H
205 W 20th Ave 039-060-010 E1-1/R4 E1-1/R4/H
2050 Pioneer Ct 039-060-060 E1-1/R4 E1-1/R4/H
2070 Pioneer Ct 039-060-070 E1-1/R4 E1-1/R4/H
2055 Pioneer Ct 039-060-090 E1-1/R4 E1-1/R4/H
2745 S El Camino Real 039-351-070 TOD TOD/H
2825 S El Camino Real 039-351-110 TOD TOD/H
2833 S El Camino Real 039-351-120 TOD TOD/H
2837 S El Camino Real 039-351-130 TOD TOD/H
2841 S El Camino Real 039-351-999 TOD TOD/H
3111 S El Camino Real 039-360-070 TOD TOD/H

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Site Address Assessor Parcel
Number
Current Zoning
Designation
Amended Zoning
Designation
3101 S El Camino Real 039-360-160 TOD TOD/H
3069 W Kyne St (BMSP - RES 6) 040-031-040 BMSP BMSP/H
36th Ave/Colegrove St 042-121-060 C3-1/R4 C3-1/R4/H
4300 S El Camino Real 042-245-120 C1-1.5/R4 C1-1.5/R4/H

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9th Ave
S Grant St
NKingstonSt
N Norfolk St
BaldwinAve
HuronAve
N Ellsworth Ave
1st Ave
2nd Ave
SBSt
S Ellsworth Ave
SNorfolk St
W
Sa
ntaInezAve
Monte Diablo Ave
Tilton Ave
N B St
W 5th Ave
N Amphlett Blvd
W3rdAve
S Kingston St
SBaysho
reBlvd
S Amphlett Blvd
El CerritoAve
N Bayshore Blvd
R1B
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1CR1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R6-D
R6-D
R6-D
R6-D
R6-D
R6-D
R6-D
C1-0.5
OS
OS
OS
OS
E2-0.5/R/SC
R4/SC
E2-2/R5/SC
R6-D/SC
C2-1/R4
C1-3/R5
C1-3/R5
C1-3/R5
C4-1.5
C4-1.5
C4-1.5
TC
CBD
CBD
CBD
CBD
CBD
CBD
CBDCBD
CBD
CBD
C2-2 M1
M1
M1
E2-2
E2-2
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
R4-D
R4-D
R4-D
R5-D
R5-D
R5-D
R5-D
E2-2/R5
E2-2/R5
E2-2/R5
E2-2/R5
E2-2/R5
R1B
R1B
R1B
R1B
C1-2/R5
C1-2/R5
C1-2/R
CBD/R
CBD/R
CBD/R
CBD/R
CBD/R
E2-0.5/R
E2-0.5/R5
E2-0.5/R5
E2-0.5/R5
C1-1
C2-1
C2-1
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
R5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1.5
E2-1/R4
E2-1/R4
R2
R2
R2
R2
R2
R2
R2R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
TC
TC
TC
TC
TC
TC
TC
TC
TC
TC
E2-1
C3-2
R1A
R1A
R1A
R1A
R1A
R1A R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
C4-1.5
C4-1
C4-1
C4-1
C4-1
C4-1
C4-1
C4-1
City of San Mateo
H-Overlay

PREPARED BY

PLANNING DIVISION
0 400 800
US Feet
Source: ESRI, 2024; City of San Mateo, 2024.

H Overlay
TOD -
transit Oriented
Development
TC -
Transportation
Corridor
S - Shoreline
R6-D - Multi-Family
Dwellings (Downtown)
R5 - Multi-Family
Dwellings (High
Density)
R4 - Multi-Family
Dwellings (High
Density)
R3 - Multi-Family
Dwellings (Med.

Density)
R2 - Two Family
Dwellings
R1C - One Family
Dwelling "C"
R1B - One Family
Dwelling "B"
R1A - One Family
Dwelling "A"
OS - Open Space
M1 - Manufacturing
E2 - Executive Offices
E1 - Executive Park
CBD/S - CBD - Centeral
Business Support
CBD - Centeral Business
C4 - Service Commercial
C3 - Regional/
Community Commercial
C2 - Regional/
Community Commercial
BMSP -
Bay Meadows
Specific Plan
A - Agricultural
C1 - Neighborhood
Commerical
Zoning
Legend

EXHIBIT B

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92 Palm
Ave
W 20th Ave
22nd Ave
Ginnever St
Pacific Blvd
S B St
South Blvd
Borel
Ave
E 20th Ave
Isabelle
Ave
Concar Dr
S Grant St
Bovet Rd
A
R1C
R1C
R1CR1CR1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1CR1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1CR1C
R1C
R1C
R1C
C3-1/Q4
C1-0.5
OS
OS
R1B/Q6
C2-2/R4
E1-1/R4
E1-1/R4
E1-1
E1-1
E1-2
E1-2
C1-2
C1-2
C3-1
C3-1
C3-1/R
C3-1/R
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
TOD
TODTOD
TOD
TOD
TOD
TOD
TOD
C2-1/R4
C2-1/R4
C2-2
C2-2
E2-2
R1B
R1BR1B
R1B
R1B
C2-1
C2-1
C2-1
C2-1
C2-1
C2-1
C2-1
E2-1/R4
E2-1/R4
E2-1/R4
E2-1/R4
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2R2
R2
R2
R2
R2
R2
TC
TC
E2-1
R3
R3
R3
R3
R3
R3
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4R4
R4
R4
R4
R4R4
R4
C4-1 C4-1
C4-1
C4-1
C4-1
C4-1
E2-1/R4
BMSP
0 250 500
US Feet
City of San Mateo
H-Overlay

PREPARED BY

PLANNING DIVISION
Source: ESRI, 2024; City of San Mateo, 2024.

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Hacienda St
42nd
Ave
Saratoga Dr
E 39th Ave
E 40th Ave
37th Ave
Laurie Meadows Dr
E 28th Ave
Edison St
28th
Ave
Orinda Dr
Franklin Pkwy
31st
Ave
BMSP
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
R1C
C1-0.5
C1-0.5
C1-0.5
C1-0.5
C1-0.5
C1-0.5
OS
OS
C1-1.5/R4
C1-1.5/R4
C1-1.5/R4
C1-1.5/R4
C2-0.5
BMSP
C2-2/Q5
C2-2/Q5
C2-2/Q5
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
C3-1/R4
TOD
R1B
R1B
R1B
R1B
R1B
R1B
R1B
R1B
R1BR1B
R1B
R1B
R1B
C1-0.5
R5
R5
R5
R5
R5
R5
R5
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2
R2 R2
R2
R2
R2
R2
TC
C3-2
E2-1
E2-1
C3-2
C3-2
R3
R3
R3
R3
R3
R3
R3
R3
R3
R3
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
R4
C4-1
C4-1C3-1/R4/SC
BMSP
R4/SC
C2-1
0 500 900
Feet
City of San Mateo
H-Overlay

PREPARED BY

PLANNING DIVISION
Source: ESRI, 2024; City of San Mateo, 2024.

265 of 588

CITY OF SAN MATEO

DRAFT ORDINANCE
Amending the Zoning Map of the City of San Mateo to Rezone the Site at 200 S. Fremont St. (APN 033- 163-160) from R-D to R-D/H
WHEREAS, the State Housing Element Law (Government Code Section 65580 et seq.) requires that the City Council adopt a H ousing Element for the eight- year period of 2023 -2031 to accommodate the City of San Mateo (“City”) regional housing need allocation (RHNA) of 7,015 housing units; and WHEREAS, on May 20, 2024, the City Council adopted a resolution to adopt the revised Housing Element of the General Plan for the period of 2023-2031 (Housing Element); and WHEREAS, Government Code Section 65583.2(c) requires nonvacant sites identified in a prior housing element and vacant sites that have been included in two or more consecutive planning periods that were not approved to develop a portion of the City’s assigned RHNA to be rezoned to allow for residential use by-right for housing developments in which at least 20 percent of the units are affordable to lower income households; and
WHEREAS, pursuant to Government Code Section 65583.2(c), Policy H 1.10 of the 2023-2031 Housing Element requires amending the Zoning Code to establish a by-right zoning designation for housing sites reused from prior Housing Elements for housing projects that propose a minimum of 20 percent affordable units for lower income households and allows a minimum of 30 dwelling units per acre; and
WHEREAS, the Housing Element has identified sites that can accommodate sufficient housing units to meet the City’s RHNA plus a buffer, and included the site at 200 S. Fremont St. 35 which is a vacant site that was included in two or more consecutive planning periods; and WHEREAS, the existing zoning designation of 200 S. Fremont St. is in a Multiple Family Dwellings For Downtown (Medium High Density) zoning district; and WHEREAS, 200 S. Fremont St. is in the Residential Medium II land use designation of the San Mateo General Plan 2040 which allows up to 50 dwelling units per acre (pursuant to Measure Y limitations). The zoning designation for by-right residential uses allowing 30 dwelling units per acre is within the density limits; and
WHEREAS, the Environmental Impact Report (EIR) for the San Mateo General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040; and
WHEREAS, on March 18, 2024, at a duly noticed public hearing, the City Council certified the EIR for the San Mateo General Plan 2040, pursuant to the California Environmental Quality Act of 1970, together with related State implementation guidelines promulgated thereunder (CEQA); and WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed public hearing, received all written and oral public comments, and recommended that the City Council approve the proposed ordinance establishing the Housing Opportunity Overlay District (H) and amending the zoning

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map to reclassify parcels on housing sites used in previous Housing Elements with the Housing Opportunity Overlay District (H).

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

SECTION 2. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15183, the zoning amendment to reclassify 200 S Fremont St. with the overlay district (“project”) is exempt from further environmental review because the project is consistent with the Residential Medium II land use designation adopted as part of the General Plan 2040 for which an Environmental Impact Report (EIR) was certified by the City Council on March 18, 2024 and the allowed residential development density is also consistent with the development density established by zoning or general plan policies. There are no project specific effects that are peculiar to the project; there are no project specific impacts that the General Plan Update EIR failed to analyze as significant effects; there are no potentially significant off-site and cumulative impacts that the general plan EIR failed to evaluate; and there is no substantial new information which results in more severe impacts than anticipated by the general plan EIR, all as further explained in the CEQA memorandum attached to the staff report. Furthermore, any future development of the site pursuant to these code amendments would not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code pursuant to Government Code Section 65583.2(i).

SECTION 3. Zoning Map. The Zoning Map of the City of San Mateo is hereby amended to rezone the property generally known as 200 S. Fremont St. (APN 033-163-160) from R4-D to R4-D/H as depicted in Exhibit A, attached hereto and incorporated by reference. The Zoning Map shall be amended to reflect this amendment.

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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S Fremont St
OS

CBD CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
CBD/S
R4-D
R4-D
R4-D
R4-D
R5-D
R5-D
R5-D
R2
R2
R2
R2
R2
R2
TC
R3
R3
R3
R3
R3
R3
R3
R3
S Grant St
2nd Ave
1st Ave
®
City of San Mateo
H-Overlay

PREPARED BY

PLANNING DIVISION
0 120 240
US Feet
Source: ESRI, 2024; City of San Mateo, 2024.

Legend
H Overlay
Zoning
CBD - Centeral Business
CBD/S - CBD - Centeral
Business Support
OS - Open Space
R2 - Two Family
Dwellings
R3 - Mutli-Family
Dwellings (Med.

Density)
R4 - Mutli-Family
Dwellings (High
Density)
R5 - Mutli-Family
Dwellings (High
Density)
TC - Transportation
Corridor
R4-D to R4-D/H
Exhibit A

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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: 24 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8923 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: July 15, 2024
SUBJECT:
1528 S. El Camino Real - Zoning Map Amendment – Ordinance Adoption RECOMMENDATION:

Adopt an Ordinance to approve a Zoning Map Amendment to rezone a portion of the site at 1528 El Camino Real from R3 to C2-1/R4.

BACKGROUND:

On June 17, 2024, the City Council introduced an ordinance (Attachment 1) to approve a Zoning Map Amendment to rezone a portion of the site at 1528 El Camino Real from R3 to C2-1/R4. If adopted, this ordinance will become effective 30 days after its adoption.

In 1998, the City Council approved a new four-story, 60,790 square-foot, mixed-use building with commercial and office uses, and ten (10) live-work units, at 1528 S. El Camino Real. The project included a parcel map to merge three parcels separately zoned as R-3 and C2-1/R4, which resulted in a parcel with split zoning. Condition No. 69 imposed restrictions on the live-work units that the live-work units “shall be considered a residential occupancy” and the residential portion shall be no less than 540 square feet or 25% of the unit floor area, whichever is larger. In addition, the project received height and intensity bonuses to exceed the maximum allowable height and floor area ratio (FAR) of the base zoning district, given the mixed-use project included a residential component and provided amenities beyond the city requirements.

The property owner reported that since the building has been occupied, these live-work units have been challenging to occupy for their intended use. In 2020, a code enforcement case documented that these live-work units did not include a residential component and were instead used solely as office spaces. To correct these on-site violations, the Applicant seeks to modify the building to convert the 10 live-work units to 10 residential units. No expansion is proposed. The zoning map amendment allows for reconfiguration of the building’s interior space.

The site is currently split-zoned, with the front portion along El Camino Real zoned C2-1/R4 (Regional/Community Commercial with Residential Overlay District - Mixed Use), and the rear portion along Jasmine Street zoned R3 (Multiple Family Dwellings-Medium Density). The existing building straddles both zoning designations; the use is office uses on the ground floor within the R3 zone. The zoning map amendment would redesignate the rear of the lot from R3 to C2-1/R4 to create one zoning designation for the whole site and allow for the entire mixed-use building to contain commercial, office, and residential uses.

BUDGET IMPACT:

There is no budgetary impact associated with this ordinance adoption

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CITY OF SAN MATEO
ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Draft Ordinance for Zoning Map Amendment
Exhibit A – Zoning Map

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

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CITY OF SAN MATEO

DRAFT ORDINANCE
Amending the Zoning Map of the City of San Mateo to Rezone the Western Portion of the Site at 1528 South El Camino Real from R3 (Multiple Family Dwellings – Medium Density) to C2-1/R4 (Regional/Community Commercial With Residential Overlay District – Mixed Use) Consistent with the General Plan 2040 Land Use Map Designation of Mixed-Use WHEREAS, on May 11, 1998, the City Council approved a Site Plan and Architectural Review (SPAR) for a mixed-use building with landscaping and a Parcel Map to merge parcels zoned as R3 and C2- 1/R4 (PA97-033) located at 1528 South El Camino Real (APN 034-413-290), resulting in a 41,979 square- foot, split-zoned lot facing El Camino Real at the front and Jasmine Street at the rear, and made findings to permit height and intensity bonuses for the mixed-use project (“Project”) with amenities beyond City requirements; and
WHEREAS, per the City’s General Plan 2030, the split-zoned property had a previous land use designation of “Medium Density Multi-Family" for the western 20,104 square-foot portion of the site along Jasmine Street zoned as “R3” (Multiple-Family Dwellings – Medium Density) and a land use designation of “Regional/Community Commercial/High Density Multi-Family" for the eastern 21,875 square-foot portion of the site zoned as “C2-1/R4” (Regional/Community Commercial with Residential Overlay District – Mixed Use); and
WHEREAS, State law (Govt. §65400) requires the City to implement the general plan so that it will serve as an effective guide for orderly growth and development; and WHEREAS, on March 18, 2024, the City Council adopted the City of San Mateo’s General Plan 2040, with an effective date of April 17, 2024, which included land use policies and land use designations for properties within the City; and
WHEREAS, land use designation of Mixed-Use Medium II was established in General Plan 2040 for the subject site to provide for development of land pursuant to the goals and policies of the General Plan, and provide for medium-density mixed-use buildings that provide a variety of commercial, office, and/or residential uses within the same site or building, which was intended to allow a mix of uses near other mixed-use, commercial, or residential areas, and within Downtown; and WHEREAS, on September 7, 2023, the applicant (The Kastrop Group, Inc.) submitted a planning application (PA-2023-057) for a zoning amendment of the western 20,104 square-foot portion of the property along Jasmine Street from R3 to C2-1/R-4 and to change the PA-1997-033 Conditions of Approval to allow interior changes including to replace 10 live-work units with 10 stand-alone residential units with commercial spaces where no exterior changes are proposed; and WHEREAS, the C2-1 zoning designation allows a combination of regional and community commercial uses including offices; and
WHEREAS, the C2-1/R4 overlay zoning designation supports residential uses as part of a mixed- use development; and

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WHEREAS, the zoning amendment from R3 to C2-1/R4 would be more compatible with the subject property’s current General Plan land use designation in that it would align the existing development with zoning designation and ensure that subsequent new development and uses at the subject property would be subject to C2-1/R4 development standards for a mixed-use development; and

WHEREAS, the zoning amendment would eliminate the split-zoning and result in a single zone of C2-1/R4 for the entire 41,979 square-foot lot; and

WHEREAS, on April 23, 2024, the Planning Commission held a duly noticed public hearing, at which time the Commission received and considered written and oral evidence, and by a vote of 5-0 recommended that the City Council introduce an ordinance reclassifying the subject site from R3 to C2- 1/R4.

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

Section 1. CEQA. In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15183, the zoning amendment from R3 to C2-1/R4 is exempt from further environmental review because the Project is consistent with the land use designation for this site adopted as part of the General Plan 2040 for which an Environmental Impact Report (EIR) was certified on March 18, 2024.

There are no project specific effects that are peculiar to the project or its site; there are no project specific impacts that the General Plan Update EIR failed to analyze as significant effects; there are no potentially significant off-site and cumulative impacts that the general plan EIR failed to evaluate; and there is no substantial new information which results in more severe impacts than anticipated by the general plan EIR. Furthermore, any future development of the site would be subject to a project specific environmental assessment consistent with the CEQA statutes and guidelines in effect at that time.

Section 2. LEGISLATIVE FINDINGS. At a duly noticed public hearing on June 17, 2024, the City Council of the City of San Mateo reviewed and considered the associated staff report and attachments thereto, the Categorical Exemption, together with comments received during the public review process, and hereby finds and determines as follows:

1) CONFORMANCE WITH GENERAL PLAN. The proposed zoning map amendment and rezoning of the subject property is in conformance with the land use designation of the General Plan 2040 of the City of San Mateo, because one of the main intents of the Mixed-Use Medium II land use designations is to promote a variety of uses within the same building or site, and the project proposes to incorporate both commercial, office, and residential uses within the same building.

2) INTENT OF ZONING CODE. The zoning amendment conforms to the purpose of Municipal Code Section 27.32.005 in that the reclassification of the underlying zoning district supports the intention of providing a major commercial center accommodating a broad range of office, retail, and personal services of community-wide or regional significance. The zoning amendment to the overlay district also conforms to the purpose of Municipal Code Section

27.29.100 in that it encourages residential development as part of a mixed-use development. Residential development is encouraged both to meet housing needs and to provide support for the growth of local businesses.

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3) CONSISTENCY WITH STATE LAW. The proposed zoning map amendment and zoning reclassification of the western portion of the property located at 1528 S. El Camino Real from R3 to C2-1/R4 is consistent with Senate Bill 330 (Housing Crisis Act, Government Code Section 66300(b)(1)(A)) in that:
1) The proposed C2-1/R4 zoning designation allows for a maximum residential density of 50 dwelling units per acre on this site, which represents an increase from 34.8 dwelling units per acre allowed under existing R3 standards; and 2) The proposed change in C2-1/R4 zoning designation would increase the maximum allowable floor area ratio (FAR) from 1.0 to 2.0 for residential developments; and 3) The proposed C2-1/R4 zoning designation would reduce or keep the same requirements for lot size requirements, setbacks, height, or other development standards to facilitate increased residential density; and 4) Therefore, there is no net loss in residential capacity.

Section 3. ZONING MAP. The Zoning Map of the City of San Mateo is hereby amended to rezone a portion of the property generally known as 1528 S. El Camino Real (APN: 034-413-290) from R3 to C2- 1/R4, as depicted in Exhibit A, attached hereto and incorporated by reference. The Zoning Map shall be amended to reflect this reclassification.

Section 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared unconstitutional.

Section 5. PUBLICATION. In accordance with City Charter Section 2.15, this Ordinance shall be published once in a newspaper of general circulation before becoming effective.

Section 6. EFFECTIVE DATE. This ordinance was introduced on _________, adopted on __________, and shall take effect 30 days after adoption.

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EXHIBIT A – ZONING MAP

PA-2023-057
1528 S. El Camino Real, SPAR

Address(es): 1528 S. EL CAMINO REAL
San Mateo, CA 94401

Parcel Number(s): 034-413-290

Project

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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: 25 Section Name: CONSENT CALENDAR Account Number: 21-4665 File ID: 24-8925 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 15, 2024
SUBJECT:

Transportation Fund for Clean Air – Grant Application
RECOMMENDATION:

Adopt a Resolution to approve an application to the City/County Association of Governments of San Mateo County’s Transportation Fund for Clean Air Grant funding to replace a diesel street sweeper with a battery electric street sweeper for an estimated total cost of $900,000, inclusive of a 60% (or $540,000) grant amount and a 40% (or $360,000) City local match; and, if awarded, appropriate the grant funds to the Solid Waste Fund; and authorize the City Manager to execute all required grant documents.

BACKGROUND:

On May 29, 2024, the City/County Association of Governments of San Mateo County (C/CAG) released a Call for Projects for grant funding from the Transportation Fund for Clean Air (TFCA) funds. The funds through this grant program are intended to: 1) reduce air pollution, including air toxics such as benzene and diesel particulates; 2) conserve energy and help to reduce greenhouse gas emissions; 3) improve water quality by decreasing contaminated runoff from roadways; 4) improve transportation options; and 5) reduce traffic congestion.

The Bay Area Air Quality Management District (BAAQMD) is authorized under Health and Safety Code Sections 44223 and 44225 to levy a fee on motor vehicles. Funds generated by the fee are referred to as the TFCA funds. They are used to implement projects that reduce air pollution from motor vehicles. Health and Safety Code Section 44241(d) stipulates that forty percent (40%) of funds generated within a county where the fee is in effect shall be allocated by the BAAQMD to one or more public agencies designated to receive the funds. For San Mateo County, C/CAG has been designated as the administrating agency to receive the funds.

The TFCA Grant is soliciting proposals for multiple eligible project types. One of the eligible project types is “Clean air vehicles and electric and hydrogen recharging stations,” which includes alternative fuel and plug-in hybrid-electric vehicles, scrapping old vehicles, and alternative fuel infrastructure.

The City of San Mateo is requesting funds to replace one aging diesel street sweeper with a modern battery-operated EV unit, which will cost approximately $900,000. The City of San Mateo operates two full-size diesel street sweepers that each operate 7.5 hours every workday and over the course of a week clean the entire street infrastructure of the City of San Mateo.

The conversion of one existing diesel-powered street sweeper to a cleaner, quieter, and emission reduction-compliant battery electric street sweeper will have a significant positive effect on the environment enjoyed by the City of San Mateo’s community and beyond. This project will directly reduce pollution in the form diesel particulates, while significantly reducing noise pollution created through street sweeping / cleaning operation. This project aligns with

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CITY OF SAN MATEO
Council’s priority to transition to a green fleet.

The TFCA Grant application is scored based on various criteria, which include Cost-Effectiveness, Project Readiness and Timely Use of Funds, Safety, Community Support and Equity, Local Match, Innovative, and Countywide Plans/Consistency.

An adoption of the proposed resolution will increase the points received in the Community Support and Equity category, and a 40% (or $360,000) contribution of local City funds towards the project will maximize the points received for the Local Match category.

BUDGET IMPACT:

If awarded a grant, a local match of $360,000 will be sourced from the Solid Waste Fund, which has sufficient fund balance available to fund this project.

ENVIRONMENTAL DETERMINATION:

Adoption of a resolution approving a grant application is not a project subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) In addition, the submission of a grant application including local matching funds not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution

STAFF CONTACT
Daniel Heffelfinger, Fleet Services Supervisor
[email protected]
650-522-7366
Deryk Daquigan, Deputy Public Works Director
[email protected]
650-522-7287

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

APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE CITY/COUNTY ASSOCIATION OF

GOVERNMENTS OF SAN MATEO COUNTY TO RECEIVE GRANT FUNDS FROM THE TRANSPORTATION

FUND FOR CLEAN AIR TO REPLACE ONE CITY OF SAN MATEO DIESEL STREET SWEEPER WITH A

BATTERY ELECTRIC STREET SWEEPER
WHEREAS, the City/County Association of Governments of San Mateo County issued a call for projects on May 29, 2024 for the Transportation Fund for Clean Air (TFCA) funds; and WHEREAS, the TFCA is soliciting proposals for eligible projects, including “clean air vehicles and electric and hydrogen recharging stations”; and
WHEREAS, the City of San Mateo (Sponsor) has identified the need to replace existing diesel- powered street sweepers with modern, environmentally friendly battery electric (EV) street sweeper technology; and
WHEREAS, the Sponsor has developed a project to successfully procure and integrate a new battery electric street sweeper into daily operation within the City of San Mateo (Project); and WHEREAS, it will cost an estimated $900,000 to implement the Project scope; and WHEREAS, the Sponsor seeks $540,000 in grant funding for the Project; and WHEREAS, the Sponsor will provide a 40% local grant funding match in the amount of $360,000 for the Project; and
WHEREAS, this Project will directly reduce pollution in the forms of CO2, hydrocarbons, nitrates, dust and pollen, while significantly reducing noise pollution created through street sweeping / cleaning operation; and
WHEREAS, this Project aligns with local, regional, and statewide goals to eliminate fossil fuel dependance and transition to alternative fuels fleet; and WHEREAS, the grant application is scored based on various criteria, which include Cost- Effectiveness, Project Readiness and Timely Use of Funds, Safety, Community Support and Equity, Local Match, Innovative, and Countywide Plans/Consistency; and WHEREAS, adoption of this resolution will increase the score points received in the Community Support and Equity category, and a 40% (or $360,000) contribution of local City funds towards the project will maximize the points received for the Local Match category.

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

1.Adoption of this resolution approving a grant application is not a project subject to CEQA, because it is an administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) In addition, the submission of a grant application including local matching funds is not a project subject to CEQA, because it is a

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2 government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

2. Staff is directed to submit an application to the City/County Association of Governments of San Mateo County (C/CAG) for the Transportation Fund for Clean Air (TFCA) Program funds to replace a City of San Mateo diesel street sweeper with a battery electric street sweeper, which has an estimated total cost of $900,000, inclusive of a 60% (or $540,000) grant amount and a 40% (or $360,000) local match.

3. The City Manager, or his designee, is authorized to execute a funding agreement with C/CAG and to take any other actions necessary to give effect to this resolution.

4. The City is committed to completion of the Project, including the appropriation of $360,000 of local matching funds from the Solid Waste Fund needed for implementation, if awarded the requested TFCA funds.

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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: 26 Section Name: CONSENT CALENDAR Account Number: 10-2312 File ID: 24-8944 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: July 15, 2024
SUBJECT:

San Mateo City Employees’ Association - Memorandum of Understanding Changes RECOMMENDATION:

Adopt a Resolution to amend the Memorandum of Understanding with the San Mateo City Employees’ Association for a term through June 19, 2027 and to appropriate funds in the amount of $500,000 for the Fiscal Year 2024-25 Budget.

BACKGROUND:

The San Mateo City Employees’ Association (SMCEA) represents approximately 180 employees. The contract with this bargaining unit expired on June 22, 2024. Negotiations with the SMCEA concluded on July 3, 2024 and the membership subsequently ratified the proposed changes to their Memorandum of Understanding. Consistent with the direction provided by the City Council, negotiators for the City and the bargaining unit have reached agreement. This agreement includes the following components:

Term: The contract will be for a period of three years, expiring on June 19, 2027.

Salary: The bargaining unit will receive a 3.0% salary increase and an additional 2.0% increase for equity adjustments effective the first full pay period following Council adoption. Moreover, a number of classifications will receive targeted equity adjustments ranging from 0.2% to 6% effective the first full pay following Council adoption. The bargaining unit will receive a 3.0% increase effective the pay period including June 22, 2025. The bargaining unit will receive a 3.0% increase effective pay period including June 21, 2026.

Limited Reopener: During the term of this MOU, the parties agree to a limited reopener for the purposes of reviewing the comparable city requirements. The City has agreed to prepare a total compensation survey for classifications “set to market” and within 14 days of receiving said survey, the parties will meet and confer regarding the findings of the survey and implementation of additional equity adjustments with a minimum commitment of $80,000 towards additional equity increases with a shared goal to develop a plan that brings all classifications within the bargaining unit to market median for total compensation.

Educational Incentives: $1,300 annual incentive for certain classifications of employees that attain and maintain certification as a Certified Access Specialist (CASp). Additional certifications ranging from an annual incentive of $300.00 to $900.00 for possession and maintenance of a certain number of certifications issued by the International Code Council (ICC) for particular classifications in this Association.

Safety Clothing and Eyewear: Effective the first full pay period following Council adoption of this agreement, the City will reimburse employees up to $250.00 per employee every two years for a pair of safety shoes and safety glasses for certain classifications.

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Other: There are language changes relating to departmental operations and housekeeping language that amend some of the terms and conditions of the contract.

BUDGET IMPACT:

The 2024-25 adopted operating budget has included the cost-of-living adjustment (COLA). A supplemental budget appropriation is required for the negotiated equity adjustments for FY 2024-25. Budget impact is estimated to be $500,000, with $267,000 for the General Fund, $116,000 for the Construction Service Fund, $81,000 for the Sewer Fund, and the remaining amount distributed among other funds as outlined in the proposed resolution.

ENVIRONMENTAL DETERMINATION:

This Memorandum of Understanding is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Yumi Maeda, Senior Human Resource Analyst
[email protected]
(650) 522-7279

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RESOLUTION NO. (2024)

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN MATEO AND THE SAN MATEO CITY EMPLOYEES’ ASSOCIATION AND APPROPRIATING FUNDS TO THE FISCAL YEAR 2024-25 BUDGET
WHEREAS, the amendments are related to salary, term, other pays and miscellaneous language changes relating to departmental operations, and language clarity for the unit; and WHEREAS, the parties have met and conferred, and have reached tentative agreement to amend the Unit’s MOU; and
WHEREAS, the Unit has ratified the Mediator’s Proposal; and WHEREAS, supplemental budget appropriation of $500,000 is required for Fiscal Year 2024-25

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

1. This Memorandum of Understanding is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

2. The amendments to the Memorandum of Understanding for the San Mateo City Employees’ Association, set forth in the Tentative Agreement attached as Exhibit A, are approved and summarized as follows:

Term: The contract will be for a period of three years, expiring on June 19, 2027.

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unit to market median for total compensation.

Other: There are language changes relating to departmental operations and housekeeping language that amend some of the terms and conditions of the contract.

3. An appropriation of funds in the amount of $500,000 to the Fiscal Year 2024-25 Budget is approved, as outlined below by fund
General Fund:

City Manager's Office $ 7,500
City Clerk's Office 2,500
City Attorney's Office 5,000
Finance 15,000
Information Technology 10,000
Human Resources 8,000
Community Development 25,000
Public Works 59,000
Police 38,000
Parks & Recreation 82,000
Library 15,000
Other Funds:

Solid Waste Fund 22,000
Advanced Planning Fund 5,000
Construction Service Fund 116,000
Sewer Fund 81,000
Fleet and Building ISF Fund 4,000
Workers Comp. ISF Fund 3,000
Comprehensive Liability ISF Fund 2,000

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1 Exhibit A
CITY OF SAN MATEO and SAN MATEO CITY EMPLOYEE’S ASSOCIATION UNIT 2024 MOU NEGOTIATIONS

TOTAL TENATIVE AGREEMENT
The below provisions represent the total tentative agreement for a successor MOU. Any provision not changed below will remain as provided in the parties’ expired May 19, 2019 through June 22, 2024 MOU. During the course of updating the MOU the parties may mutually agree to additional clean-up or non-substantive corrections.

12.0 SALARY ADJUSTMENT
Successful employee performance is a key factor in determining compensation. Employees with an overall performance rating of "Proficient" or better will receive increases in base salary.

12.1 Compensation Increases During the Term of this Agreement

12.1.1 Base Salary Adjustments
The Unit will be given a base salary adjustment as outlined below. The Unit will receive the following across the board increases during the term of this agreement:

June 16,2019 3.0% Effective the first full pay period following Council adoption of this agreement, all represented classifications will receive an across the board increase of three percent (3%).

All represented classifications will receive an additional two percent (2%) increase for equity adjustment effective the first full pay period following Council adoption of this agreement.

In addition, the following equity adjustments will be made the first full pay period following Council adoption:

Classification Equity
Adjustment
Environmental Compliance Inspector 6%
Executive Secretary 3.5%
Building Inspector II 0.6%
Engineering Technician II 1%
Plan Checker II 1%
Accounting Assistant II 0%
Associate Planner 0%
Solid Waste and Recycling Programs
Coordinator
1%
Code Enforcement Officer II 1%
Executive Assistant 0.9%

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2 Program Assistant II 1%
Office Assistant II 0.2%
Construction inspector II 1%
Associate Engineer 0.4%
Police Records Specialist II 0.50%
Housing Specialist II 0.50%
Accountant II 0.50%
Senior Community Services
Supervisor

0.50%
Systems Analyst II 0%
Lab Analyst II 0%
Vehicle Abatement Officer 0%
January 10, 2021 2.0% Effective the pay period including June 22, 2025 all represented classifications will receive an across the board increase of three percent (3%).

May 1,2022 1.0% Effective the pay period including June 21, 2026 all represented classifications will receive an across the board increase of three percent (3%).

Article 12.0 – SALARY ADJUSTMENT

12.2Market Placement and Compensation Survey Data
The City will provide total compensation survey data prior to the commencement of negotiations for a successor Memorandum.

The City seeks to set top-step base salaries equal to the median of comparable cities (population from 50,000 to 150,000) in San Mateo, Santa Clara and Alameda counties.

These cities will be surveyed and the data will be used to provide a competitive package.

The data will be complied no later than two (2) months prior to the expiration of this Memorandum of Understanding. The market median for benchmark classifications is determined by a survey of the comparable benchmark classifications using those cities to set compensation adjustments for the Unit.

Base salary adjustments are subject to negotiations for a successor Memorandum of Understanding.

During the term of this MOU, the parties agree to a limited reopener for the purposes of reviewing the comparable city requirements.

The parties will commence meeting no later than thirty (30) days following the City’s notice to the Association of the intent to reopen.

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3 The City has retained Bryce Consultants to prepare a total compensation survey for the following classifications:

1. Program Assistant II

2. Executive Secretary to the City Attorney

3. Code Enforcement Officer II

4. Housing Specialist II

5. Plan Checker II

6. Accountant II

7. Systems Analyst II

8. Network Technician

9. Senior Community Services Supervisor

10. Facilities Coordinator

11. Vehicle Abatement Officer

12. Police Records Specialist II

13. Engineering Technician II

14. Construction Inspector II

15. Laboratory Analyst II

16. Solid Waste and Recycling Program Coordinator

17. Environmental Compliance Inspector
The survey will utilize the same comparators and components of compensation as the surveys for Accounting Assistant II, Associate Engineer, Associate Planner, Building Inspector II, Executive Assistant and Office Assistant II provided to the Association on March 21, 2024. This total compensation survey shall be completed by December 1, 2024, and promptly provided to the Association. Within 14 days of receiving the total compensation study from Bryce, the parties will meet and confer regarding the findings of the survey and implementation of additional equity adjustments with a minimum commitment of $80,000 towards additional equity increases with a shared goal to develop a plan that brings all classifications within the bargaining unit to market median for total compensation.

13.4 Annual Certification Incentive
To be eligible for an annual $1,300.00 $500.00 certification incentive, a Plan Check Engineer, Plan Checker I/II/Engineer, Senior Building Inspector or Building Inspector I/II must successfully attain and maintain certification as a Certified Access Specialist (CASp) for property inspection. The annual $1,300.00 $500.00 incentive shall be paid biweekly.

13.6 ICC Annual Certification Incentive (new)
To be considered eligible for this certification incentive, City employees must be in Senior Building Inspector or Building Inspector I/II job classifications, obtain and maintain a valid certification(s) issued by the International Code Council (ICC) or equivalent as it relates to the employee’s duties as determined by the Department Head.

Original certification(s) must be submitted to the Department Head for review and approval. If approved, eligible employees shall receive certification pay effective the first full pay period following approval.

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4 or the SMCEA:

F
The duration of the differential will correspond to the duration of the ICC certification or equivalent as determined by the Department Head. The employee is responsible for submitting documentation of renewal of the appropriate ICC certification or equivalent as determined by the Department Head in order to maintain the differential.

The annual incentive pay is as follows:

A. Possession and maintenance of a minimum of one (1) and a maximum of three (3) ICC or equivalent certifications would entitle an employee to an annual $300.00 incentive that shall be paid biweekly.

B. Possession and maintenance of a minimum of four (4) and a maximum of six (6) ICC or equivalent certifications would entitle an employee to an annual $600.00 incentive that shall be paid biweekly.

C. Possession and maintenance of a minimum of seven (7) or more ICC or equivalent certifications would entitle an employee to an annual $900.00 incentive that shall be paid biweekly.

34.0 HEALTH AND SAFETY

34.1 Safety Clothing and Eyewear
The City will provide a reimbursement up to $250.00 $200.00 for every two years for one (1) pair of safety shoes for the following classifications:
• Building Inspector I, II and Senior;
• Construction Inspector I and II;
• Chief of Surveys and Survey Technician I and II
Additional classifications may be approved for reimbursement by the department head as deemed necessary. Said reimbursement shall be paid against official receipts for safety shoe expenditures. Safety shoes shall be defined by a classification's industry standard or by operating department.

The City shall reimburse up to $200.00 $250.00 every two (2) years for prescription safety glasses for classifications eligible within this section. In the event that prescription safety glasses are damaged in the course of work, reimbursement may be approved by the department head as deemed necessary. Said reimbursements shall be paid against official receipts for prescription safety glasses.

Peter Hoffmann
Date: 7/11/2024 Date: 07/11/2024
For the City:

Stacey Cue

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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: 27 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8932 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: July 15, 2024
SUBJECT:

Park and Recreation Commission Appointment Subcommittee – Appointment Recommendation RECOMMENDATION:

Appoint Sabrina Ocampo to the Park and Recreation Commission for a partial term through June 10, 2025 and place John Medina on an eligibility list for six months, should another vacancy on the commission occur.

BACKGROUND:

On Monday, July 8, 2024, the Appointment Subcommittee to the Park and Recreation Commission, consisting of Mayor Lisa Diaz Nash, Deputy Mayor Rob Newsom, Jr, and Council Member Lee, with Park and Recreation Director Joanne Magrini advising, interviewed applicants to fill a vacancy on the Park and Recreation Commission.

The Appointment Subcommittee interviewed the following applicants:
•Amy Jussel
•Sabrina Ocampo
•Vince Kurr
•Mike Etheridge
•Dianne Whitaker
•Robina Sigh
•John Medina
•Michael Maslakowski
•Kevin Wilkinson
The Appointment Subcommittee recommends the following actions:

Recommended Action Duration
Sabrina Ocampo be appointed to a partial term Immediate through June, 10, 2025 John Medina be placed on an eligibility list Immediate through January 15, 2025 BUDGET IMPACT:

There is no budgetary impact associated with this administrative action ENVIRONMENTAL DETERMINATION:

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

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NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Boards, Commissions, and Committees List

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

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Boards, Commissions & Committees List
Term
Date
Appt’d
Term
Expires Term
Date
Appt’d
Term
Expires
COMMUNITY RELATIONS COMMISSION(650) 522-7220
Meeting: 3rd Wednesday, 7:00 p.m. City Hall (Room C)
1 Sheri Boles, Vice Chair 07-19-21 06-10-26
1 Meghan Crowell, Chair 06-10-21 06-10-25
0 Jennifer Kim 06-17-24 06-10-26
2 Jerold Nugent 06-10-20 06-10-28
1 Alli Fitzgerald 01-17-23 06-10-28
PLANNING COMMISSION (650) 522-7212
Meeting: 2nd & 4th Tuesdays, 7:00 p.m. Council
Chambers
2 John Ebneter 06-01-15 06-10-25
1 Adam Nugent, Vice Chair 07-19-21 06-10-25
1 Seema Patel, Chair 06-10-21 06-10-26
2 Margaret Williams 07-15-19 06-10-27
1 Adam Klafter 06-17-24 06-10-28
LIBRARY BOARD (650) 522-7802
Meeting: 4th Monday, 5:30 p.m. Main Library Cedar Rm.
1 Richard Wysong 06-10-23 06-10-27
0 Sheila Canzian, President 04-17-23 06-10-25
1 Wendy McCall, Vice President 04-17-23 06-10-28
1 Austin Volz 01-03-22 06-10-26
0 Annie Tsai 06-17-24 06-10-25
SENIOR CITIZENS COMMISSION (650) 522-7400
Meeting: 2nd Monday, every other month beginning in
January
4:00 p.m. San Mateo Senior Center
0 Thomas Lease 04-17-23 06-10-25
0 Anna Cwirko-Godycki 02-05-24 06-10-27
1 Karl Lorenz 06-10-24 06-10-28
2 Ellen Wang, Chair 07-20-20 06-10-28
2 Mary Webb 02-17-15 06-10-26
PARK AND RECREATION COMMISSION(650) 522-7400
Meeting: 1st Wednesday, 7:00 p.m. City Hall (Room C)
1 Sarah Fields, Chair 06-10-21 06-10-25
0 Regina Trapp 10-16-23 06-10-27
1 Sandra Kiapi 06-10-23 06-10-27
0 Peter Wicher, Vice Chair 10-16-23 06-10-26
2 Vacant 06-10-25
1 Thomas Jacob Jelniker, (YC) 11-06-23 11-06-24
1 Serene Audrey Li (YC) 11-06-23 11-06-24
SUSTAINABILITY & INFRASTRUCTURE(650) 522-7153

COMMISSION
Meeting: 2nd Wednesday, 7:00 p.m. Council Chambers
1 Edward “Rich” Kranz 06-17-24 06-10-28
1 Kimi Narita, Vice Chair 04-05-21 06-10-27
1 Sigalle Michael 08-15-22 06-10-26
2 Clifford S. Robbins 08-06-18 06-10-26
1 Susan Rowinski, Chair 08-06-18 06-10-25
PERSONNEL BOARD (650) 522-7260
Meeting: 3rd Tuesday, 7:00 p.m. City Hall (Room C)
1 Caiti Busch 06-10-21 06-10-25
1 Debra Kaiser 06-10-21 06-10-25
2 Gayle Murphy, Chair 07-20-15 06-10-26
1 Elizabeth DeWinter 06-10-23 06-10-27
2 Tony Villanueva, Vice Chair 01-19-21 06-10-28
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7432
Meets twice a month, Coordinator: Adeline Jones
Youth from the following schools represent the voice of San Mateo teens: Aragon – Hillsdale – Serra – San
Mateo

MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358
Vacant
0 = appointed to unscheduled opening, eligible to serve a first full term
1 = in first term currently
2 = in second (final) term currently
YC = Youth Commissioner
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.

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7 2
Term
Date
Appt’d
Term
Expires
MEASURE S OVERSIGHT COMMITTEE(650) 522-7040
Meeting: 3rd Tuesday of the 2nd month of the quarter (February, May, August, November) at 6:00 p.m. City Hall (Room C) 1 Sandy Shepler 04-17-23 06-10-28
0 Karen Moen 04-17-23 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
0 William Yang 04-17-23 06-10-26
1 Nick Atkeson 06-10-23 06-10-27
CIVIC ARTS COMMITTEE (650) 522-7164
Meeting: 2nd Monday, every other month beginning in January, 4:00 p.m. City Hall (Room C) Robert Gooyer, Vice Chair
Seema Patel
Ginger Slonaker
Stephen Tabler, Chair
Dianne Whitaker
INVESTMENT ADVISORY COMMITTEE(650) 522-7100
Meeting: 3rd Thursday of Jan/Apr/Jul/Oct at 3:30 p.m., City Hall (Room C) Jeff Adams
Michael Carney
Chris deLong
Margaret Taylor, Chair
Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.
/s/ MARTIN MCTAGGART, CITY CLERK

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 28 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-8908 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: July 15, 2024
SUBJECT:

City Council and Boards and Commission Rules and Procedures – Update RECOMMENDATION:

Approve the amendments to the City Council Rules and Procedures and the Boards and Commissions Rules and Procedures to reflect the direction provided by City Council on the revised “Council Member Conduct” chapter.

BACKGROUND:

On May 1, 2023, the City Council directed staff to review codes of conduct from other agencies and to return to the Council for future consideration. A study session was held on February 5, 2024, during which Council provided direction to staff to amend the Rules and Procedures in four key areas: 1) document name change; 2) meeting procedural order -i.e. taking public comment before Council questions; 3) appropriate continuity designation of the Council Liaison roles; and 4) the Boards and Commissions appointment process. To facilitate the review of the Council Member Conduct portion of the Rules and Procedures, Council directed staff to conduct a facilitator led, in-depth discussion specific to values, purpose, code of conduct, and enforcement of the rules.

On May 30, 2024, the City Council convened a Governance Workshop (Attachment 5) led by facilitator Jan Perkins, retired City Manager, International City/County Management Association (ICMA) and vice president of Raftelis, a local government management consultant and facilitator. As a result of the Governance Workshop, Council provided direction to staff on the amendments to be incorporated in the updated Council Member Conduct Chapter of the City Council Rules and Procedures. These proposed amendments are outlined in Attachments 1 and 3. These proposed amendments are mirrored to reflect identical updates to the corresponding chapter for the Boards and Commissions Rules and Procedures, which can be seen in Attachments 2 and 4.

Staff identified a required amendment to Section “N” of the Council/Commissioner Conduct chapter. This chapter, as originally drafted, encouraged council members and commissioners to practice giving fellow members a heads up, out of respect and teamwork. Due to Brown Act considerations, staff amended this section to remove this expectation between fellow council members and commissioners, while retaining the expectation between members and staff.

Next Steps:

Upon adoption of the updated Rules and Procedures:

1. The City Council commits to the updated Council Member Conduct Chapter.

2. Staff will provide informational materials to the City’s Boards and Commissions to educate members of the changes made to this chapter.

3. The updated Rules and Procedures will be incorporated into future Council orientation and training materials.

4. As directed by Council, staff will coordinate an additional facilitator led discussion in January to February 2025 to

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evaluate the effectiveness of the updated Code of Conduct.

BUDGET IMPACT:

There is no budgetary impact associated with this administrative action. The cost incurred for professional services provided by Raftelis for the May 30, 2024, workshop amounted to $11,500.00.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – City Council Rules & Procedures – Tracked Changes Att 2 – Boards and Commissions Rules & Procedures – Tracked Changes Att 3 – City Council Rules & Procedures – Clean
Att 4 – Boards and Commissions Rules & Procedures – Clean Att 5 – City of San Mateo Governance Workshop Report

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

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City Council Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, February 22, 2022, October 17, 2022, and April 1, 2024

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San Mateo City Council Rules & Procedures Proposed Revision 7/15/24 2 1
0 5
2 8
City of San Mateo Council Rules and Procedures
Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Authority of the City Council ....................................................................................4 Chapter 3. Key Governance Principles .......................................................................................5 Chapter 4. Duties .......................................................................................................................7 Chapter 5. Selection of Mayor and Deputy Mayor ..................................................................10 Chapter 6. Council Member Conduct.......................................................................................12 Chapter 7. Meetings.................................................................................................................13 Chapter 8. Meeting Agendas....................................................................................................18 Chapter 9. Financial Matters....................................................................................................21 Chapter 10. Communication ......................................................................................................26 Chapter 11. Legislative ...............................................................................................................31 Chapter 12. Council Liaison Roles ..............................................................................................34 Chapter 13. Boards and Commissions........................................................................................37 Chapter 14. References..............................................................................................................40

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San Mateo City Council Rules & Procedures Proposed Revision 7/15/24 3 1
0 5
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Chapter 1. Purpose and Overview
This handbook describes the way for the San Mateo City Council to conduct its business and the expectations for members, staff, and the public to operate and engage with each other and the community as a whole. It is a compilation of all Council-related rules and procedures that have been formally adopted by Council.

The purpose of these Rules and Procedures (Rules) is to set a standard of professionalism, civility, and decorum for the conduct of the City Council’s business. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for San Mateo.

Revisions to these Rules and Procedures
Amendments to these Rules must be approved by the City Council as a body and are subject to review and future modification as needed.

City Council Vision
The City Council’s vision and strategic goals can be found on the City’s website:
http://www.cityofsanmateo.org/index.aspx?nid=167

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Chapter 2. Authority of the City Council

1. The City Council is the policy and lawmaking body of the City. State and local laws define the powers and responsibilities of the City Council.

2. General Authorities and Applicability
Charter section 2.12 and the San Mateo Municipal Code provide that the City Council shall determine its own rules and order of business. When not in conflict with the Charter of the City of San Mateo, or the Constitution, or laws of the State of California, these City Council Rules shall be in effect upon adoption by resolution of the Council.

3. Revisions to these Rules
The Council shall review and revise these Rules as needed.

4. Rosenberg’s Rules of Order
To the extent these Rules do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century, shall apply.

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Chapter 3. Key Governance Principles
In 2022, the City conducted its first by-district election for City Council members, with districts 1, 3, and 5 holding district elections in November 2022 and districts 2 and 4 to hold its first district elections in November 2024. This new election process changes how council members are elected, but not how they govern. It is the intent of the City Council to continue the practice of governing with a citywide perspective. The City Council acts as a body, not as individuals. An overriding principle is that all members of the City Council continue to serve all of the people of San Mateo.

Key Governance Principles

1. Serving the Entire Community
A. The City Council wishes to remain united in its service to the community and will govern by considering the needs and interests of the community as a whole.

B. Members of the City Council will continue to serve all residents, regardless of whether they live within their district. Members of the City Council may be responsive to requests from anyone in the community.

2. City Management and Governance
Professional management in a Council-Manager form of government will continue with all of the best management practices that the City Council currently receives.

3. Use of City Resources
A. The City Council will strive to use taxpayer resources efficiently and effectively while providing consistent services for all residents. Resources will be allocated based on the City’s long-term strategic plan and citywide considerations of service levels and financial capacity.

B. Budget allocations and financial considerations will not be made based on districts.

4. Distribution of Council Duties and Events
Fair distribution of duties and assignments is a priority. Long-standing practices regarding invitations to members of the City Council to events and activities, appointments to committees and various bodies, and the process for board and commission appointments, will remain in effect.

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5. Communications and Access to Information
A. Council members will have equal access to information. Information necessary for the City Council to govern on a citywide basis will be shared with all City Councilmembers.

B. Communication resources will be provided on a citywide and/or program-level basis with equitable distribution across districts, while being consistent with legal requirements prohibiting the use of public resources for campaign purposes

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Chapter 4. Duties

1. Duties of the Council
A. Refer to the Charter of the City of San Mateo for a detailed description of codified duties of the City Council.

B. Disaster Responsibilities

1. In the event of a disaster, the City Council holds the following roles:
a. Primarily, to make decisions that will enable emergency operations to continue effectively.
b. To assist in the conveyance of public information.

2. Reference the “ Elected Officials’ Guide to Managing Disasters” from the California Office of Emergency Services for a detailed description of the roles and responsibilities of Council Members in times of disaster.

2. Duties of Mayor
A. To conduct meetings of the City Council as its chairperson.

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents and opponents, are heard but not allowed to disrupt the meeting.

3. Ensure that decorum and civility is maintained during the meeting.

4. In presiding over matters where the public has provided comment or testimony and/or raised questions, the Mayor should:
a. At the end of the public comment period restate, if any, relevant questions raised from the public and direct questions or comments requiring a response to staff for a response.
b. Ensure that staff and members of the public direct their comments to the presiding officer and members.
c. Help keep Council Member questions and comments relevant to the matter being considered by the Council.

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d. Consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
e. Announce the decision and vote of the Council on all items, this may occur with the assistance of the City Clerk, the City Manager, City Attorney, or key staff presenting.

5. To ensure that each member of the Council is provided an opportunity to completely express their views on items of business, the Mayor should:
a. Actively seek Council Member comments and ensure that Council Members ask to be recognized by the Mayor before speaking to maintain an orderly process on the dais.
b. Make sure that each Council Member has had a first chance at providing comments, before allowing a Council Member to make another statement – unless they are asked to clarify their prior statement.
c. Ensure that each Council Member is given the opportunity to fully express their views.

B. To represent City Government as its chief elected official at community functions, events, meetings, and business outreach and retention visits.

C. On behalf of the City Council, to officially welcome dignitaries, officials, and special event gatherings.

D. To vote on behalf of the Council at regional meetings such as the San Mateo County Council of Cities/City Selection Committee, provided that the vote is not inconsistent with established policies or previously expressed Council consensus.

This is expected protocol for any Council Member who represents the City on any regional bodies.

E. To correspond on behalf of the Council on subjects, issues, and legislative proposals provided that opinions expressed on behalf of the Council or City Government are not inconsistent with established policies or previously expressed Council consensus.

F. To vote as the City’s “voting delegate” at the League of California Cities Annual Conference and other similar meetings. This responsibility may be delegated to another Council Member by action of the City Council.

G. To review the agendas of meetings of the City Council and participate in their preparation as necessary.

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H. To recommend Council Members for liaison positions on various boards, commissions and agencies. The Mayor’s recommendations shall be discussed and confirmed by a majority vote of the Council and are subject to change.

I. To serve as the City’s primary media spokesperson in coordination with City staff.

Appropriate City staff should always be alerted to media contact.

J. Nothing under the Mayor’s duties shall limit any individual Council Member’s ability to interact with members of the public.

K. The Mayor is still subject to all duties of Council Members as listed below in number 4.

3. Duties of Deputy Mayor
In the absence of the Mayor from the City or a Council meeting, the Deputy Mayor shall possess all powers of the office of the Mayor; and be subject to all prescribed duties for that office.

4. Duties of Council Members
A. Arrive on time for all Council meetings.

B. Review all meeting materials in preparation for Council meetings, and direct questions to staff (before meetings, whenever practical) if any item is unclear or clarification is needed.

C. Alert staff in advance of the meeting whenever possible if an item is intended to be pulled off of the Consent Calendar or introduced under Reports and Announcements for future Council consideration.

D. Fulfill the appointed and liaison assignments to internal and external agencies, legislators, and the City’s boards and commissions, with all due diligence needed for the requirements of that particular assignment.

E. It is the responsibility of all members to assist the Mayor in running an efficient and effective meeting by assisting with the orderly disposition of items, helping ensure all members are heard, participating fully in meaningful discussion and deliberation, keeping comments succinct, concise, civil and germane, and limiting repetitive comments. Council members are encouraged to hold their colleagues accountable for following these rules and do all in their power to contribute to the smooth running of a meeting for the community.

F. All Council Members are asked to alert appropriate staff when receiving media inquiries.

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Chapter 5. Selection of Mayor and Deputy Mayor

1. City Council reorganization, including rotation of the office of Mayor and Deputy Mayor occurs annually at the regular meeting in December.

2. The City Council believes that experience as a Council Member will assist those who are selected to serve as Mayor or Deputy Mayor, and that it is in the City’s best interest that these selections be made in a manner that permits the Mayor and Deputy Mayor to gain that experience in cycles of governing and to acclimate themselves to the jobs, tasks, and roles prior to assuming their respective offices.

3. It is appropriate to base such succession on rotation and seniority according to the following:

A. Each Council Member has a specified position in the rotation sequence. In any year, the first person in the sequence is typically selected as Mayor, and the second in the sequence as the Deputy Mayor.

B. After serving as Mayor, that Council Member moves to the end of the rotation sequence, and the other four Council Members move forward.

C. 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.

D. 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.

E. If a Council Member is appointed to fill a mid-term vacancy, that Council Member will go to the end of the rotational list.

F. Incumbent Council Members, when re-elected, do not begin anew at the end of the list, but rather retain their placement in the rotation.

G. If for any reason (death, resignation, recall, not seeking re-election, etc.) a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence.

H. A Council Member may decline to serve as Mayor or Deputy Mayor. In this case, the office would pass to the next Council Member on the list. The Council Member who declined will drop back one position in the rotation.

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4. When the Council reorganizes, the outgoing Mayor will nominate the Deputy Mayor to succeed him/her. The newly appointed Mayor will then nominate the next Council Member in the rotational sequence to serve as Deputy Mayor for the coming year.

5. The process described above shall guide the Council’s selection of the Mayor and Deputy Mayor; however, a majority of the City Council retains the authority to disregard the process and select any member of the City Council for these positions.

6. The City Clerk shall keep a list outlining the rotational sequence and update it annually.

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Chapter 6. Council Member Conduct

1. Council Members are committed to governing for all, and running our meetings with civility, decorum, and respect. With that spirit, San Mateo Council Members shall:

A. Govern as a body. If we work together well as a team, our City will excel.

B. Treat all with dignity, courtesy, and respect. This includes staff, each other, or members of the public, on and off the dais.

C. Keep confidential matters confidential.

D. Respect process and roles. This includes avoiding interruptions and distractions.

E. Agree to disagree in a respectful manner. We focus on the issue not the person.

F. Keep our comments clear, concise, and on-topic. This respects our colleagues’, the public’s, and staffs’ time.

G. Give each other a chance to speak. Everyone gets to speak before another of us speaks for a second time. We refrain from dominating the discussion.

H. The Mayor normally speaks last. After other members of the Council have offered their opinions, the Mayor speaks. The Mayor can speak after each round of speaking by Council Members.

I. Be mindful of the impact of our words and tone. We consider this as we address each other, staff, and the public.

J. Promote discussion and resolution. We present problems and issues in that way.

K. Follow the agenda. We begin and end meetings on time.

L. Respect the City Charter, rule of law, and decisions once made. We do not attempt to undermine decisions.

M. Speak for the City only when specifically authorized.

N. Practice a “no surprises” rule. We give a heads up to the City Manager and City Attorney out of respect and teamwork.

O. Practice the principles of inclusivity and self-awareness to guard against implicit bias in our actions and decisions.

P. Adhere to all conflict-of-interest laws.

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2. Council Members shall not participate as a volunteer in any of the City’s operating departments.

3. Council Members are subject to all the provisions of the City’s Harassment, Discrimination and Reasonable Accommodations for Disabilities Policy (#301).

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Chapter 7. Meetings

1. All Council decisions must be taken at City Council meetings only after hearing the presentation, project applicants, and hearing all public comments/testimony, then only under council discussion with colleagues should Council Member opinions be shared and deliberations engaged in before making any decision or taking action.

2. No business may be transacted by the Council at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently serving).

3. Council Meeting Dates
A. If at any time any regular meeting of the Council falls on a holiday, the regular meeting shall be held on the next business day or the earliest business day within a week.

B. Once a year, adopt a schedule of Council meetings for the following year identifying any regular meeting dates that need to move due to major holidays or other conflicts.

C. Meeting dates may be amended with the approval of the Council.

4. Types of Meetings
A.Regular Meetings are conducted at City Hall Council Chambers on the first and third Monday nights of each month. In July, August, and December, only one meeting is held during the month. The regular meetings are held not earlier than 6:30 pm. It is City policy to make every effort to complete and distribute the agenda and related reports by the preceding Thursday. For major complex projects and policies, the City will make every effort to distribute reports as early as possible before the meeting when the item will be considered.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Mayor or Council with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

C.Study Sessions are special meetings that are held for the purpose of providing information to the City Council, particularly on issues that are more complex or more time-consuming than matters typically scheduled on a regular City Council meeting. At study sessions, Council Members may state their individual responses and questions to the information provided and may collectively provide direction to City staff. No action is taken at the study sessions, but direction may be given.

D.Closed Sessions can be part of either special or regular meetings. The Council conducts its business in public to the greatest extent possible. State law recognizes

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that public discussion of certain items could jeopardize the public interest, compromise the City’s position, or cost the citizens of San Mateo financially, and, therefore; generally allows the City Council to hold closed session meetings for the consideration of certain personnel matters, labor negotiations, real property negotiations, matters of public security, and the discussion of litigation, among other things. These rules provide for strict confidentiality of City Council discussion as required by State law. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after an opportunity for public comment, are excluded.

E.Emergency Meetings are allowed per the Ralph M. Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.

F.Adjourned Meetings due to Power Outages. In the event a quorum of the City Council loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting may be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the City Council. Any other agenda items the Council has not taken action on will be placed on a future agenda.

5. Voting
A motion, second, and a majority vote of the Council shall be required for any formal action of Council unless the law or charter require a different threshold.

6. The Mayor, with the approval of a majority of the Council, may change the order of hearing of items on the agenda. Staff may make suggestions on the order due to practical and logistical issues.

7. Public Participation
A. Members of the public are encouraged and invited to participate in the legislative process by submitting written comments before the meeting or speaking in person or virtually when offered, at a meeting.

B. It is the intent of these rules to allow everyone to be heard without fear of jeers or cheers that may discourage public participation. For this reason, these rules are taken seriously. Disruptive or unruly behavior may result in removal from the Council meeting.

C. Public meetings are considered a limited public forum in which speakers must stay on-topic if speaking to a particular agenda item. If speaking during general public comment, they must address matters within the subject matter jurisdiction of the

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City. If speakers fail to follow these rules, they will be warned, and if they continue to disregard the rules, their opportunity to speak will be ended.

D. The Mayor may, at their discretion with Council concurrence, limit the amount of time allotted to speakers when needed, per the following time limits.

E. Generally, time limits for public comment are dependent on the number of speakers:

1. Individual Speakers:
•between 1 -10: 3 minutes
•between 11-20: 2 minutes
•over 21 speakers: 1 minute

2. Organized group (in lieu of individual speakers of the group) – up to five (5) minutes, for a group presentation, as many speakers are allowed as fit in that time allowance.

3. Yielding of Time. To ensure that all persons have an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield all or part of their time to another, and no speaker will be credited with time requested but not used by another.

F. Members of the public are invited to speak at the lectern microphone to ensure all attendees, in person and remote, can adequately hear comments, and so that it can be captured on the video recording.

G. Individuals who wish to speak should submit a speaker card to the City Clerk, or use the raise your hand feature virtually, to be called up at the appropriate time.

The Clerk will announce the last opportunity to submit forms or raise hands and announce when the time has closed for public comment on any particular item.

8. Agendized Discussion Items (Public Hearings, New Business, Old Business) A. Staff / applicant presentation
B. Open public hearing (or public comment section) for testimony C. Close public hearing (or public comment section)
D. Response by staff to public questions/concerns, if warranted E. Council questions to applicant and/or staff

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F. Council discussion and deliberation
G. Council votes

9. Appeals
A. Appeals are public hearings and will follow the order stated in #8 with the following time allocations:

1. Appellant – 15 minutes

2. Applicant – 15 minutes

3. Individual Speakers - as outlined in Section 7(D)1 above.

4. Rebuttal (Applies to Appellant and Applicant) – 5 minutes each

5. Clarification (Staff may offer explanation or clarification for the testimony)

6. If the appellant is also the applicant only one 15 minute presentation is allowed

7. Tenant Relocation Appeals Hearings – both the Landlord and the Tenant shall each be given 15 minutes to present, and each shall have a 5-minute rebuttal.

B. Appeals from decisions of the City’s Boards and Commissions shall appear on the Council agenda for discussion. Council determines whether to affirm the action of the commission, refer the matter back to the commission, or reverse the decision.

C. Any person that addressed the Council during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

At 11:00 pm, in order to ensure effective discourse on an item, Council will determine with a majority vote whether to continue with an item or if they will take up any remaining unheard items.

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11. Action Minutes
A. The City Council shall use Action Minutes (action minutes contain very little, if any, narrative content) or light summary at the discretion of the City Clerk, to record their proceedings.

B. Motions and votes are shown in the record.

C. Media (audio/video) recordings will be used in order to provide a verbatim record of meetings as identified in the City’s Records Retention Schedule.

12. Conflict of Interest
A. The Political Reform Act (PRA), implemented, regulated and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

C. Whenever it appears to a Council Member they may have a prohibited financial interest in any City contract, or an item that may be presented to the City Council, the Council Member should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.

D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the City Council, the City Manager, and the City Clerk.

E. With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for themselves whether there is a conflict of interest.

F. A member shall not vote upon any matter on which they have a conflict of interest.

G. A member shall openly state the reason for their conflict of interest.

H. A member who is disqualified by a conflict of interest shall recuse him/herself from the dais and leave the room unless it is during the Consent Calendar.

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Chapter 8. Meeting Agendas

1. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below.

A. Opening

1. Pledge of Allegiance

2. Roll Call

3. AB 2449 Member requests to join virtually for Just Cause or Emergency Circumstances – vote is required
B. Ceremonial Matters
The presentation and receipt of ceremonial resolutions and celebrations not requiring formal legislative action. In order to ensure the business of the meeting can be handled timely, no more than three (3) items will be scheduled under ceremonial in any meeting.

C. 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 by a Council Member and considered separately. Members of the Public may speak to any Consent Calendar item without the item being pulled.

D. Public Comment
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda. Comments may be referred to staff for follow up. Public comment is limited to a total of 15 minutes unless Council by majority extends the total time; however, an opportunity for additional public comment may be provided later in the agenda, if needed. Timing as per Chapter 7 E(1) of these Rules.

E. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.

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F. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.

G. New Business
Non-routine items requiring an oral presentation and discussion before action is taken.

H. Reports and Announcements
City Manager, City Attorney, and Council Members, report on their various assignments and liaison roles, and Council Members may make individual requests to schedule future items for consideration. A majority vote or consensus of Council is required to place a request on a future agenda. If a Council Member is going to make a request to agendize an item, such as a resolution of support that they have proposed wording for, or a sample copy of a proposed resolution, that item should be sent to the Clerk for distribution to members no later than the time of the agenda packet issuance and in advance of the meeting in order to give the other Council Members adequate time to review and determine if it is something they would like to support.

I. Additional Public Comment (if needed)
J. Adjourn

2. Agenda Item Submission
A. Persons who can place matters on the agenda: City Manager or City Attorney B. Council Member:

1. A Council Member may request an item be considered on a future agenda.

Before the decision is made, staff will provide information on how much staff time is estimated to be required to produce the agenda report. Then with a majority vote or consensus of Council, staff will prepare an agenda report and place the item on a future agenda.

2. Council Members may make this request verbally during a meeting or may submit a written request.

C. Members of the Public

1. A member of the public may request Council action in the following ways:

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a. Write a letter or email to the City Council
b. Speak during the Public Comment period at a City Council meeting c. Attend annual Council goal setting meeting and provide input

2. Upon agreement of a majority of the City Council, Council will determine whether to place an item requested by the public on a future agenda.

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Chapter 9. Financial Matters

1. Council Member Compensation
A. State law sets the overall level of compensation for City Council Members (California Government Code § 36516).

B. Compensation of Council Members is set by Resolution (see the San Mateo City Charter, Section 2.03 Compensation).

C. Council Member benefits are established in San Mateo City Charter, Section 2.04 Benefits and Expenses.

D. A full explanation of Council Member compensation is available on the City’s website.

2. City Council Expense Reimbursement Policy
A. Authorized Expenses

1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
a. Communicating with representatives of regional, state, and national government on matters of interest to the City.
b. Meeting with City staff on matters relating to City business. c. Attending educational seminars designed to improve officials’ skill and information levels.
d. Participating in local, regional, state, and national organizations whose activities effect the City’s interests; however, a member of the City Council shall not accept an elected or appointed position that would require anticipated costs to the City of more than $100 annually without City Council approval.
e. Recognizing the service to the City (for example, thanking a longtime employee with a retirement gift of nominal value). f. Attending fundraising events for nonprofit entities providing services of benefit to the City and/or its residents.
g. Attending City events.

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h. Implementing a City approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member.

2. All other expenses require prior approval by the City Council.

3. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.

B. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. If expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.

1. Airfare
Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties, and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible should be utilized.

2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.

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may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.

4. Car Rental
Rental rates that are equal or less than those available through the State of California’s website Car Rental Resources for State Travel shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

5. Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, rates that are equal to or less than the group rate at the host hotel are presumed to be reasonable and reimbursable for purposes of this policy.

6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.

7. Lodging
Council members are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available. If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the United States General Services Administration (GSA) maximum rate allowed by location (Per Diem Rates | GSA). This maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member.

8. Meals
The City will pay for a Council member’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that an employee elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the

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GSA amount eliminates the need for employees to submit receipts. Thus, the Council members only need to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.

When the meal function is an organized event, the official or employee shall be reimbursed the amount being charged by the event organizer for the meal. The City will not pay for alcohol/personal bar expenses.

9. Taxis/Shuttles
Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time-efficiency.

10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.

11. Transportation
Officials traveling on City business shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct, time-efficient route.

Government and group rates must be used when available.

C. Expense Reports

1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.

2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.

3. Expense reports are a public record.

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D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.

E. Reports on Meetings
Each official shall briefly give an oral report on any Brown Act meetings they attended for which they receive expense reimbursement at their next City Council, Board, or Commission meeting.

F. Violation of this Policy
Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

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Chapter 10. Communication

1. All communications are public records.

All letters, memoranda, email communications, texts and other social media platform writing involving City Council Members and members of boards, commissions, committees, and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.

2. The Council, in adopting this policy, does not waive attorney-client privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.

3. Ralph M. Brown Act
Each Council Member should be mindful of all of the requirements of the Brown Act in communicating with each other.

4. Mail Processing
A. Members of the City Council may receive mail and other materials through City Hall.

B. City Clerk staff open all incoming mail for the Mayor and Council Members, unless it is labeled personal and confidential.

C. City Clerk’s Office staff disseminate these materials to individual Council Members.

City Staff will scan and email correspondence.

D. General correspondence addressed to Council Members as a whole will be opened and delivered to all Council Members. A correspondence addressed to a single Council Member on a topic that is the subject matter jurisdiction of the city and/or due to come on an upcoming agenda will be shared with all Council Members.

5. Correspondence
A. The City Clerk is authorized to receive and take administrative action on all correspondence directed to the City Council. The City Clerk may also respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond. A courtesy copy is provided to each Council Member.

B. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report; correspondence received after the publication of the agenda packet will be compiled and distributed to the City Council prior to

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the City Council meeting (known as a Dais packet). This additional correspondence is appended to the Agenda Report as public comment on the public meeting portal and in the records repository permanent record. Any further correspondence received between posting of the Dais packet and until the end of when the item is heard, will also be appended to the Agenda report as supplemental correspondence.

C. After the City Council has taken a position on an issue, official correspondence should reflect this position. While Council Members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official City Council title, and staff support should not be utilized.

D. City letterhead, logo, insignia and brand, as well as staff support, cannot be utilized for personal or political purposes, See also Section 12 of this Chapter.

6. Electronic Communication Record Retention
A. All emails sent and received through the City server are saved for at least three years on the City’s network and are subject to the Public Records Act.

B. Communications on social media sites are saved for at least two years.

C. Text messages sent on any City-provided device are saved for at least two years.

7. Social Media Use as a Council Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. For example, these may include (without limitation):

Facebook, X (formerly Twitter), Instagram, YouTube, TikTok, Snapchat, Nextdoor, blogs, etc.

The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If Council Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.

A. Brown Act: Social media postings may turn into an interactive dialogue. The Brown Act has expanded to provide guidance on elected officials’ use of media platforms that are free of charge and open and accessible to the public.

1. Permitted Uses: You may answer questions, provide information to the public and solicit information from the public about city business; share a City post to your Council Member site; and tag other elected officials in a post.

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2. Prohibited Uses: A majority of the members may not use social media to discuss agency business and a member may not respond directly to any posting by another member regarding agency business including no ‘likes’ ‘thumbs up’, ‘emojis’ or other symbols.

B. First Amendment: Councilmember social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.

C. Public Records: Members are prohibited from deleting social media posts and related comments regarding any City-related matters to avoid violating the California Public Records Act. Social media is subject to the City’s record retention schedule.

D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. News of citywide importance should first be announced by the official City-affiliated accounts then can be reshared by Council Members. Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Council or City. Members should be mindful of recognizing that accomplishments of the City or Council are achieved by collective action of the entire body or organization, not by any individual council member.

8. Written Communications for Council Meetings
D. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm the Wednesday before the Council meeting. This is to allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting any item being heard by the City Council.

E. To be included in the Dais packet, communication may be received up until 4:00 pm the day of the scheduled meeting.

F. Materials distributed to Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the

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City or a Council Member, or at the conclusion of the meeting if prepared by another person.

G. If a Council Member receives materials regarding an agenda item, they shall forward it to the City Clerk and the City Manager as soon as possible.

H. If late correspondence is received, the City Council will determine at the meeting whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project, or significant new information has become known.

9. Council Communication to Boards and Commissions
A. Council Members should be mindful not to unduly influence—through their attendance—the decision at a Board or Commission meeting so as to protect the independent process of that body.

B. It is not appropriate for a Council Member to make public comments at a Board or Commission meeting.

10. Council – Staff Relations
A. Individual Council Members may make requests of City staff through the City Manager or Department Head for limited research and information without the formal concurrence of a majority of the members’ colleagues. Requests that will require significant staff time may be referred to the full Council and only pursued if supported by a majority of the Council.

B. Council Members are encouraged to submit their questions on agenda items to the City Manager or Department Head (including copying the City Manager) as far in advance of the meeting as possible so that Staff can be prepared to respond at the Council meeting.

C. Council Members should direct any questions on agenda reports to the City Manager or their designee, usually the staff member presenting.

D. Clarifications or technical questions will be answered before the meeting whenever possible.

E. Questions and all staff-prepared responses will be forwarded to all Council Members.

11. Speaking for “the City”
Similar to written correspondence, when Council Members are requested to speak to groups or are asked the City Council’s position on an issue, the response should reflect the

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position of the City Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

12. Speaking as an Individual
On occasion, Council Members may wish to transmit correspondence on an issue upon which the City Council has yet to take a position or about an issue for which the City Council has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the City Council as a whole, but for themselves as an individual member of the Council. City letterhead and office support may be utilized in these circumstances, except it may not be used for personal or political purposes (see also 5(D) of this chapter).

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Chapter 11. Legislative

1. Council Legislative Committee
A. It is the policy of the City Council that the Council be involved in the development of the City’s position on significant pending federal and state legislation that may directly impact the City of San Mateo.

B. The offices of Mayor and Deputy Mayor are the Council’s Legislative Committee.

C. The Legislative Committee may meet annually or as needed to draft the City’s legislative priorities; and shall meet when necessary to develop recommendations for the City’s position on legislative matters.

D. Pending legislation for consideration by the Legislative Committee can be submitted to the Committee by a Council Member, City Manager, or by a Commission Staff Liaison if a majority of their commission voted in favor of submission to the Legislative Committee.

E. The Committee’s recommendations shall be presented to the City Council for its consideration; if there is a pressing and urgent need to comment on pending legislation and getting approval in a City Council meeting is not practical, the Legislative Committee may take immediate action to communicate with legislators and copy the entire City Council on the communication and provide a brief report of action taken under Reports and Announcements at the next City Council meeting
F. The Council shall direct the Mayor or other City official to communicate the City’s position on legislative matters to the appropriate legislative bodies.

2. Ceremonial Matters
A. There are several different types of action the Council may take to provide recognition or express appreciation:

1. Certifications of Appreciation or Recognition
Commendations typically issued to acknowledge the activities of a person or organization. These certificates may be issued by any member of the Council without formal action. Examples of traditional recipients would include departing Board and Commission Members, high school students with 4.0 grade point averages, Chamber of Commerce Outstanding Businesses Awards, recognizing Eagle Scouts, winners of local art or speech contests, etc.

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2. Commendatory Resolutions
Typically used to handle matters requiring some type of formal memorialization such as the retirement of a long-tenured employee, or outgoing Mayor or Council Member. These are not voted on like a standard Resolution of Council action would be.

3. Proclamations
Public announcements directing attention to a person, organization, or event. Proclamations will be issued subject to the policy described below.

B. Preparation of City Proclamations

1. It is the policy of the City Council to issue proclamations for certain events or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents. Examples of causes for which proclamations are regularly and routinely issued include, but are not limited to: notable accomplishments by citizens, youth groups, schools, local organizations, non-profit groups, and local events that deserve special recognition. Discretion should be used in determining whether or not to issue a proclamation. Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.

2. It will be the policy of the City Council to process requests for proclamations in the following manner:
a. The City Clerk will review the request with the Mayor. b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct the City Clerk to prepare the proclamation and the proclamation will be issued. c. If the Mayor determines the proclamation request is not consistent with the policy stated above, the request will be routed to the other Council Members to determine if there is interest in issuing the proclamation.
d. If a Council Member has interest in issuing the proclamation that the Mayor determined was not consistent with this policy, that Council Member will sponsor the item and shall be responsible for drafting the language to be contained in the proclamation. The sponsor Council Member shall provide the draft proclamation language to the City Clerk.

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e. Upon receipt of the draft proclamation language, the City Clerk will place the item for consideration to considering issuing the proclamation on the Consent Calendar at the next available meeting. The proclamation will be issued upon a majority vote of the Council in support of issuing the proclamation. Depending on the nature and time-sensitivity of the request, the Mayor and Deputy Mayor can act without full formal concurrence of the Council when the situation warrants.

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Chapter 12. Council Liaison Roles

1. The City Council will collectively review and approve liaison appointments. The recommended appointments will, to the best of the Council’s ability, attempt to match the requested positions with the needs of the respective body and the experience of the Council Member, while also attempting to equitably balance the distribution of assignments.

2. It is generally suggested that newly elected Council Members undertake a limited number of assignments during their first year, to allow opportunity to gain familiarity with the obligations and expectations of the role.

3. The assignment of City Council liaisons is conducted annually according to the following process:

A. Following the reorganization in December, the City Clerk will distribute a memo to each Council Member which will include a list of potential liaison assignments.

B. Each Council Member will complete the list in a manner which prioritizes the assignments of interest to them; and will submit their list only to the City Clerk in December.

C. The ranking process uses the following methodology:

1. Top priority = I really want this (please mark at most only two #1s)

2. This is something I would like to have

3. I’ll take this one for the team

4. I do not want (perhaps the meeting timing does not work for you) D. The City Clerk will assemble responses into a table and provide it to the Mayor. The Mayor uses the following additional criteria to make assignments: Continuity assignments remain with the assignee unless the member is opting to step down from the role (see section 5 below); assignments will be assigned by highest priority desired with 1’s first, 2’s second etc.; in case of ties, overall balance and then seniority will be taken into account. For example, did the Council Member get their other first choice? Does the Council Member have other “plum” continuity assignments; ideally, everyone will get at least one of their top priorities; and the Council Member does not need to use their top rankings to hold onto continuity assignments.

E. In the event that a liaison has not been identified for each commission, the Mayor will divide any remaining liaison positions amongst the Council, attempting to equitably balance the distribution of the assignments and associated workload.

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F. The Mayor, working with the City Manager and City Clerk, will utilize the responses to present an Agenda Report and conduct a discussion at the first meeting in January regarding the liaison appointments.

G. The Mayor and Deputy Mayor have traditionally been assigned to the following bodies:

1. City Council Legislative Committee - ordered by Resolution 158 (1981)

2. City Budget and Audit Committee

3. Planning Commission

4. Council of Cities – City Selection Committee (Mayor with Deputy Mayor as alternate)

5. Honorary Chair of Sister Cities Association (Mayor)
H. The City Clerk shall maintain a list of all such appointments. The final liaison list will be distributed to all Council Members and posted on the City’s website.

4. Liaison to the City’s Boards and Commissions
A. Each of the City’s Boards and Commissions has a Council Member who serves as its Council liaison.

B. Council Members should act as an advisor and resource to commissioners and the commission’s staff liaison when issues regarding process, procedure, attendance, interpersonal or public relations arise.

C. The Council liaison serves on the Appointment Subcommittee for the Commission to which they are assigned. In the event the Mayor is serving as the commission’s liaison, the minimum subcommittee shall consist of the Mayor and Deputy Mayor.

5. Continuity Appointments to External Agencies
A. The City Council has identified certain appointments for which there is a strong need and desire for consistency and continuity in terms of Council participation and representation. The Mayor will maintain the current Council Member assigned as liaison to that body. The Council will have an opportunity at its annual review to see if a supplemental designation is needed due to changing conditions or if new bodies have been added to the list. All continuity appointments should also have an alternate assigned, so a member can be ready to take over the role if needed.

B. Liaison appointments to these bodies would not annually be reassigned to another Council Member, as this would not provide the desired consistency. If it became necessary to reassign the liaison for one of these bodies as the result of a vacancy or other reason, the liaison role would not typically be assigned to a newly elected Council Member. A Council Member with an interest in serving as liaison to any of

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these continuity bodies should confer with the current representative; and consider acting as an alternate or “shadowing” the current liaison for a time to learn more about the body’s functions and duties.

C. If a Council Member who is assigned as liaison to one of the aforementioned bodies anticipates leaving office, every effort should be made to mentor another Council Member so that those critical relationships can continue uninterrupted.

6. Council of Cities Appointments
A. In the case of appointments made by the regional Council of Cities - City Selection Committee, upon receipt of the City Selection Committee agenda packet listing all positions and nominees to be voted on, if time allows, the City Council may schedule a special meeting prior to the Council of Cities meeting to discuss and agree upon preferred appointees. This will allow the Mayor, or their proxy, to have clear direction on whom to vote for that reflects the best interest of the City. If scheduling a meeting is not practical, the Mayor and Deputy Mayor may confer on the vote. In the case of nominations from the floor at the City Selection voting meeting, the Mayor, or their proxy, will vote their conscience based on the feedback previously given by the City Council as a whole. In December, every year upon the Mayor’s rotation, a standing proxy shall be filled out and filed with the City Selection Committee for the year naming who may vote in the Mayor’s absence. The Deputy Mayor will be given first priority followed by any Council Member who has the most latitude and ability to attend the meetings.

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Chapter 13. Boards and Commissions

1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.

2. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.

3. Reappointments, Vacancies, and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.

B. The City Clerk then shares the results with each appointment subcommittee and receives direction on the need to schedule an agendized appointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment.

However, if it is determined that a Commissioner’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council. Any Commission seat selected for re-interviews, means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants.

C. The City Clerk recruits for all open seats utilizing multiple avenues including:
advertising, website, social media, and networking lists to present qualified candidates to the Council for consideration.

D. The interview and selection of candidates is an open process.

E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate subcommittee, in a noticed special meeting, to interview applicants and form their recommendation.

F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) are appointed by a majority vote of the City Council and serve staggered terms.

G. An “Appointment subcommittee” may include up to five City Council members.

The City Council shall appoint the members of the Appointment subcommittee. As a minimum, the Appointment subcommittee shall include and a quorum shall be established as: 1) the Mayor (or their Council designee) and the Council liaison to the Commission. The Department Head affiliated with that Commission shall participate as a non-voting member of the Appointment subcommittee.

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H. Except when reappointment is recommended, or an established eligibility list is used, the Appointment subcommittee shall conduct candidate interviews and make a recommendation for Council approval. Interviews shall be conducted in a noticed public meeting with at least a quorum of the Appointment subcommittee present.

I. At the conclusion of an Appointment subcommittee’s interviews of candidates, and the agreement on the recommended candidate, the appointment subcommittee may then designate up to two applicants who would be considered for listing on the eligibility list for a six-month period. The eligibility list is then ranked according to preferred next seating to a Commission vacancy. The list is only established with the full agreement of the Appointment subcommittee. It is not a requirement that an eligibility list be established if there are not applicants that are deemed qualified. This list may be used for automatic next appointments in the event of an unscheduled vacancy, the next person on the eligibility list would be submitted as the recommended candidate from the Appointment subcommittee on the next City Council regular meeting Consent Calendar.

J. The full Council will receive the Appointment subcommittee’s recommendation and the full list of candidates for each opening.

K. The Appointment subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular Council meetings. An agenda report summarizing the Subcommittee’s recommendations, including the full list of candidates reviewed for each opening, will be provided to the full City Council. Council may adopt the recommendations as presented or pull the item for further discussion. The City Council can consider for appointment any of the candidates interviewed.

L. A majority vote of Council approves the appointees.

M. Commission recruitment begins annually in the month of March, and completes in May, in order to ensure continuity on commissions before terms end June 10th.

N. Unscheduled Vacancies

1. Subject to the Maddy Act (California Government Code § 54970), if an unscheduled vacancy occurs on a commission, the Council may either appoint from the pool of applicants on file (the eligibility list if there is one available) or open up the position to new applications where the above process is followed.

2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.

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3. All appointments occur in an open public meeting.

O. Youth Activities Council (YAC) Selection Process
The YAC is not appointed directly by the City Council but through an application method administered by the Parks and Recreation Department. High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year.

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Chapter 14. References

1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI

2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)

3. California Government Code, § 53234 et seq.

4. San Mateo Municipal Code

5. California Public Records Act (California Government Code, § 6250 et seq.)

6. AB 1234 California Government Code, § 53232.3

7. Rosenberg’s Rules of Order

8. Emergency Guide for Elected Officials

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Boards and Commissions
Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council Action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, September 6, 2022 and April 1, 2024

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City of San Mateo, Boards and Commissions Rules and Procedures Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Commission Authority..............................................................................................4 Chapter 3. Governance Principles..............................................................................................7 Chapter 4. Duties .......................................................................................................................8 Chapter 5. Selection of Chair and Vice Chair ...........................................................................12 Chapter 6. Commissioner Conduct ..........................................................................................13 Chapter 7. Meetings ................................................................................................................15 Chapter 8. Meeting Agendas ...................................................................................................21 Chapter 9. Financial Matters....................................................................................................24 Chapter 10. Communication ......................................................................................................28 Chapter 11. Boards and Commissions Selection Process...........................................................32 Chapter 12. References..............................................................................................................34

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Chapter 1. Purpose and Overview
This manual describes the way the City of San Mateo’s Boards and Commissions do their business. It is a compilation of all Board and Commission (hereafter referred to as “Commission” for the sake of brevity) rules and procedures that have been formally adopted by Council. These Rules and Procedures (“Rules”) supersede individual Commission bylaws.

These Rules are intended to enhance public participation and debate so that the best possible decisions can be made for San Mateo. These Rules set a standard of professionalism, civility and decorum for the conduct of the City’s business. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These rules, which must be approved by the City Council as a body, are subject to review and future modification by the City Council as needed.

Appointed Board and Commission members are expected to understand and comply with these Rules and Procedures. Failure to comply with the rules and procedures outlined in this document may be cause for removal from the appointed position.

Amendments to these Rules are made and approved by the City Council as a body; and are subject to review and future modification as needed.

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Chapter 2. Commission Authority

1. Commission Authority, Generally
A. The primary role of City commissions is to increase public input and participation in the determination of City policies and some programs.

B. The specific role of a City commission is to review and make recommendations to the City Council on matters within its scope of responsibility as defined in the Charter or Municipal Code. The commissions are basically a citizen’s advisory arm of the City Council, although certain commissions, such as the Planning Commission, may take final actions in certain prescribed areas.

C. Most importantly, the commission serves as a vehicle for public input into City programs and policies referred to it by the City Council or brought to its attention by staff.

D. The commission also serves to reduce the reevaluation of these matters before the City Council.

E. On the specific matters referred to it by the City Council, the commission serves as the principal reviewing body of the City.

F. Commissions adhere to the City Council’s policies on the programs under their scopes of interest.

G. Commissions serve to represent the general interests of the entire City and not specific program areas or specific interest groups.

H. Commissions are encouraged to express their views on issues, projects, or policies brought to them by the City department.

I. As further described below, the Planning Commission has a distinct role with the City in that it makes decisions and recommendations to the Council on land use matters. These include development applications submitted by project proponents.

2. Applicability
The complete scope of responsibilities for each commission is identified either in the Charter or in the City’s Municipal Code and will be provided by the Departments supporting the commission. When not in conflict with the Charter of the City of San Mateo, or the Constitution or laws of the State of California, these Commission Rules and Procedures (“Rules”) shall be in effect upon adoption of the Council.

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3. Authority of Each Board / Commission
The authority of the City of San Mateo’s Boards and Commissions are described in the San Mateo City Charter Article VI, as well as its Municipal Code Title 2 Administration and Personnel in Chapters 2.15, 2.21, 2.24, 2.26, 2.27, 2.28, 2.29 and 2.57.

A. Library Board:

The Library Board oversees the Library department’s policies and accepts in the name of the City money, personal and real property donated for Library purposes.

B. Personnel Board:

The Personnel Board hears appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, or alleged violation of municipal code chapter 2.57, and to certify its findings and recommendations as provided in the personnel system rules.

C. Community Relations Commission (CRC):

The CRC addresses a broad spectrum of social issues and related policy and provides oversight for Federal grant programs that implement public services, housing, and community development programs. It is also the hearing and appeals board for Code Enforcement related cases.

D. Park & Recreation Commission:

The Park and Recreation Commission makes recommendations to the City Council on acquisition, development, beautification and maintenance of public parks, landscape resources, public recreation facilities, budget, and programs of park and recreation activities.

E. Planning Commission:

The Planning Commission hears requests and makes decisions and recommendations on land use projects. This body also recommends policy changes to the City Council.

F. Senior Citizens Commission:

The Senior Citizens Commission encourages, fosters, and facilitates programs for the enhancement of all matters relating to the social, economic, and personal well-being of the senior population.

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G. Sustainability and Infrastructure Commission
The Sustainability and Infrastructure Commission was established in 2018, consolidating the Public Works Commission and Sustainability Commission into one commission. It is the duty of the Sustainability and Infrastructure Commission to advise on policies and programs related to environmental sustainability, transportation and infrastructure.

H. Investment Advisory Committee (IAC):

The IAC serves as an administrative advisory committee to the City Manager. The IAC provides added insight and an independent perspective on the City’s investment policies and practices.

I. Youth Activity Council (YAC):

The Youth Activity Council provides experiences and opportunities for the youth and young adult population by: providing safe and enjoyable activities; creating community through special events; enhancing leadership and decision-making skills; providing service learning experiences; practicing civic participation and empowering our youth’s voice with our decision makers.

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Chapter 3. Governance Principles
In alignment with the City Council governance principles, each Board and Commission acts as a body, not as individuals. Commissioners understand and acknowledge the City is run on a Council-Manager form of governance and will respect professional staff’s role and the City Manager as leader of the City organization’s operations. Commissioners should be aware of and mindful of the impact of requests on limited staff resources.

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Chapter 4. Duties

1. Duties of the Chair
A. All City commissions elect a presiding officer, known as a chairperson for a one- year period.

B. The Chair sets the tone for the entire meeting.

C. To conduct meetings of the Commission as its chairperson efficiently:

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents, and opponents are heard but not allowed to disrupt the meeting.

3. Ensure that decorum and civility is maintained during the meeting.

4. In presiding over matters where the public has provided comment or testimony and/or raised questions, the Chair should:
a. At the end of the public comment period, restate, if any, relevant questions from the public.
b. Direct questions or comments requiring a response to staff for a response.
c. Ensure that staff and members of the public direct their comments to the chair and commission members.
d. Help keep Commissioner comments and questions relevant to the matter being considered by the Commission, and schedule non- agenda topics for subsequent meetings, where necessary and if agreed upon by the Commission during Reports and
Announcements.
e. If necessary, consider calling for a brief recess if the orderly conduct of the meeting is being disrupted.
f. Ensure that the decision and vote of the Commission on all subjects is announced. This may occur with the assistance of the City Clerk, Staff Liaison or commission clerk.

5. To ensure that each member of the Commission is provided an opportunity to completely express their views on items of business, the Chair should:

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a. Actively seek commission member comments and ensure that Commissioners ask to be recognized by the Chair before speaking to maintain an orderly process on the dais.
b. Make sure that each commission member has had a first chance at providing comments, before allowing another commission to make additional statements – unless they are asked to clarify their prior statement.
c. Ensure that each commission member is given the opportunity to fully express their views.

D. To correspond on behalf of the Commission, provided that opinions expressed on behalf of the Commission or City Government are consistent with the consensus of the Commission.

E. Nothing under the Chair’s duties shall limit any individual Commissioner’s ability to interact with members of the public.

2. Duties of Vice Chair
In the absence of the Chair from the Commission meeting, the Vice Chair shall possess all powers of the Chair and be subject to all prescribed duties for that position.

3. Duties of Commissioners
A. Arrive on time for all Commission meetings.

B. Review all meeting materials in preparation for Council meetings, and direct questions to staff (before meetings, whenever practical) if any item is unclear or clarification is needed.

D. It is the responsibility of all members to assist the Chair in running an efficient and effective meeting by assisting with the orderly disposition of items, helping ensure all members are heard, participating fully in meaningful discussion and deliberation, keeping comments succinct, concise, civil and germane, and limiting repetitive comments. Council members are encouraged to hold their colleagues accountable for following these rules and do all in their power to contribute to the smooth running of a meeting for the community.

E. All commission members are asked to alert the staff commission liaison when receiving media inquiries.

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F. It is expected that Commissioners will attend all meetings. If a commissioner is absent for three consecutive meetings or for 15% of scheduled meetings annually, the City Clerk will notify Council who may take action to vacate the seat. The Commissioner is expected to notify the Staff Liaison or Staff Admin if they are unable to attend a meeting.

G. For Planning Commissioners, make every effort to participate in the California League of Cities Planning Commissioner Academy during the first year as a Commissioner, and every other year thereafter.

H. Read, and use as a primary reference, the Institute for Local Government’s Planning Commission Handbook.

4. Duties of Staff Liaison
A. The liaison, an assigned City staff person, has the following responsibilities:

1. Create meeting schedules.

2. Prepare meeting agendas and Agenda Reports.

3. Notify the City Clerk of attendance problems, resignations, and members’ change of contact information.

4. Ensure that sufficient research and analysis has been performed by staff to allow an informed decision by the Commission.

5. Help facilitate and advise the Chair on meeting management.

6. Ensure that all affected departments have an opportunity for input before bringing an item forward for commission consideration.

7. For the Planning Commission, arrange an annual joint meeting with the City Council.

B. The Staff Liaison, along with the City Clerk, is responsible for ensuring that appointed board/commission members are oriented about policies and procedures as they relate to the body.

C. All communications addressed to a specific Board or Commission are received by the staff liaison, or their designee, and relayed to the appointed body.

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5. Duties of Administrative Staff
Each commission also has an administrative staff person (Staff Admin), who works with the Staff Liaison, to support the body. Their responsibilities are to:

A. Provide oversight of agenda preparation and its delivery to the full Commission and to the public.

B. Ensure that meeting materials--including a sufficient number of agendas, universal speaker slips, and at least one binder of all related reports being presented at that meeting–are available for the public to examine at the meeting.

C. Produce the action minutes for each meeting.

D. Provide annually a record of attendance of each commissioner to the City Clerk.

6. Duties of Council Liaison
A. Every year the Mayor will appoint Council Members to serve as liaisons to the City’s Boards and Commissions.

B. Council Members act as an advisor and resource to Commissioners and the commission’s Staff Liaison when issues regarding process, procedure, interpersonal or public relations arise. Commissioners are also welcome to approach the Council Liaison for support or if they have any concerns. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.

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Chapter 5. Selection of Chair and Vice Chair

1. Commission reorganization, including rotation of the roles of the Chair and Vice Chair, occurs annually at the meeting as close as possible to June 10th of each year. The results of the vote should be publicly announced; and the vote recorded in the minutes.

2. Nomination of commissioners to serve as Chair and Vice Chair for the coming year can be made by any of the current commissioners in attendance.

3. The Chair and Vice Chair are elected by a majority of the commission for a one-year term and hold office until their successors are elected or until their terms as members of the commission expire.

4. The normal convention is a rotation from Vice Chair to Chair. Deviation from this normal convention should be extremely rare and must be accompanied by stated justification by the Commissioner making a nomination that does not conform to the normal convention.

5. The City Council believes that experience as a Commissioner will assist those who are selected to serve as Chair or Vice Chair, and that it is in everyone’s best interest that candidates have experience in cycles of governing to acclimate themselves to the jobs, tasks, and roles of the Commission.

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Chapter 6. Commissioner Conduct

1. Members are committed to governing for all, and running our meetings with civility, decorum, and respect. With that spirit, Members shall:

A. Govern as a body. If we work together well as a team, our City will excel.

B. Treat all with dignity, courtesy, and respect. This includes staff, each other, or members of the public, on and off the dais.

C. Keep confidential matters confidential.

D. Respect process and roles. This includes avoiding interruptions and distractions.

E. Agree to disagree in a respectful manner. We focus on the issue not the person.

F. Keep our comments clear, concise, and on-topic. This respects our colleagues’, the public’s, and staffs’ time.

G. Give each other a chance to speak. Everyone gets to speak before another of us speaks for a second time. We refrain from dominating the discussion.

H. The Chair normally speaks last. After other members of the Commission have offered their opinions, the Chair speaks. The Chair can speak after each round of speaking by Members.

I. Be mindful of the impact of our words and tone. We consider this as we address each other, staff, and the public.

J. Promote discussion and resolution. We present problems and issues in that way.

K. Follow the agenda. We begin and end meetings on time.

L. Respect the City Charter, rule of law, and decisions once made. We do not attempt to undermine decisions.

M. Speak for the City only when specifically authorized.

N. Practice a “no surprises” rule. We give a heads up to the Commission staff liaison and City Attorney’s Office represenative (if applicable) out of respect and teamwork.

O. Practice the principles of inclusivity and self-awareness to guard against implicit bias in our actions and decisions.

P. Adhere to all conflict-of-interest laws.

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Q. Not engage in discussion with a member of the public during the meeting. 1 R. Determine whether to schedule a future agenda item for discussion and/or action, during Reports and Announcements, when non-agenda items are raised in the course of the meeting.

S. Meet with the Council liaison to the Commission when requested.

A.T. Pay close attention the meeting and limit the use of electronic devices while on the dais, except as necessary to access agenda materials or respond to urgent personal matters.

2.Commissioners may not be employed by the City or provide services under a contract with the City. Commissioners may not volunteer in the operations arm of the department their commission is affiliated with, without Department Head approval. However, Commissioners are encouraged to volunteer for city events, put on by any City department, or volunteer in any capacity in other City departments. Commissioners enhance their presence in the community by volunteering with local non-profits or assisting with community events and serving on special committees.

3. Commissioners are subject to all the provisions of the City’s Harassment and Discrimination Policy (#301).
1 Items Q-T are included within the existing Commissioner Conduct chapter and do not overlap with the new conduct. Staff recommends retaining items Q-T for this reason.

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Chapter 7. Meetings

1. All Commission decisions must be taken at Commission meetings only after hearing the presentation, project applicants, and hearing all public comments/testimony, then only under Commission discussion with colleagues should Commission Members opinions be shared, and deliberations engaged in before making any decision or taking action.

2. No business may be transacted by the commission at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently appointed).

3. Commission Meeting Dates
A. If at any time any regular meeting of the Commission falls on a holiday or if it is known that a quorum will not be available, the meeting may be rescheduled to the earliest convenient time.

B. The Boards and Commissions shall adopt a schedule of quarterly or more frequent meetings on an annual basis, which become the regular meeting dates.

C. Regular meeting dates may be amended with the approval of the Commission.

4. Types of Meetings
A.Regular Meetings are those identified in the adopted meeting schedule. Regular meetings are agendized and posted at least 72 hours in advance of the meeting.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Chair or Commission with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

C.Study Sessions are special meetings that are held for the purpose of providing information to the Commission, particularly on issues that are more complex or more time-consuming than matters typically scheduled on regular Commission meetings. At study sessions Commissioners may collectively provide direction to City staff, or to an applicant in the case of the Planning Commission. Typically, no action is taken at the study sessions, but direction may be given.

D.Closed Sessions at the commission level would be very rare and would only occur at the direction of the City Attorney. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after allowance for public comment, will be excluded.

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F.Adjourned Meetings due to Power Outages
In the event a quorum of the body loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting may be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the Commission. Any other agenda items the Commission has not taken action on will be placed on a future agenda.

5. Voting
A motion, second, and a majority vote of the Commission shall be required for any formal action of Commission. If the meeting is virtual, or any member is teleconferencing in, the vote must be taken by roll call vote.

6. The Chair, with the approval of a majority of the Commission, can change the order of hearing of items on the agenda. Staff may make suggestions on the order due to practical and logistical issues.

7. Public Participation
A. All members of the public are encouraged and invited to participate in the legislative process of the City’s Boards and Commissions, for example by submission of comments before the meeting or speaking in person, or virtually when offered, at the scheduled meeting.

B. It is the intent of these rules to allow everyone to be heard without fear of cheers or jeers that may discourage public participation. For these reasons, these rules are taken seriously. Disruptive or unruly behavior can result in removal from the Commission meeting to the extent allowed by state law. The presiding member of a legislative body may remove an individual for disrupting a meeting after the individual first receives a warning yet continues the disruptive behavior. The legislative body may also decide to clear the room if interruptions render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of disruptive individual(s) alone.

C. Public meetings are considered a limited public forum in which the speaker must stay on-topic if speaking to a particular agenda item. If speaking during general public comment, they must address matters within the subject matter jurisdiction of the City. If speakers fail to follow these rules, they will be warned, and if they continue to disregard the rules, their opportunity to speak will be ended.

D. The Chair may, at their discretion with commission concurrence, limit the amount of time allotted to speakers when needed, per the following time limits.

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E. Generally, time Limits for public comment are dependent on the number of speakers:

1. Individual Speakers - 3 minutes
a. between 1 -10: 3 minutes
b. between 11-20: 2 minutes
c. over 21 speakers: 1 minute

2. Organized group (in lieu of individual speakers) – up to five (5) minutes for a group presentation, as many speakers as fit within the time allowance.

4. The Chair shall manage public comments such that no individual speaker is allotted a disproportionate amount of time.

F. In-person members of the public are invited to speak at the lectern microphone, whenever available, to ensure all attendees can hear and so that the recording can be captured.

G. Individuals who wish to speak in-person should submit a speaker card to the commission’s Staff Admin for in-person meetings. For remote meetings conducted virtually, the raise the hand feature is used and managed by the Staff Admin. The Staff Admin will announce the last opportunity to submit forms or raise hands and announce when the time has closed for public comment on any particular item.

H. Commissioners should be careful to not engage in back-and-forth questions or discussion with public speakers. If a member of the public raises a question, the Chair should invite staff (or an applicant before the Planning Commission) to respond to any questions raised at the end of the public comment period.

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D. Response by staff to public questions/concerns (or by an applicant before the Planning Commission), if warranted
E. Council questions to applicant and/or staff.

F. Commission discussion and deliberation.

G. Commission votes.

9. Appeals
A. Appeals are public hearings and will follow the order stated above with the following time allocations:

1. Appellant – 15 minutes

2. Applicant – 15 minutes

3. Individual Speakers – as outlined in Section 7(E)1 above.

4. Rebuttal (Applies to Appellant and Applicant) – 5 minutes each.

5. Clarification (Staff may offer explanation or clarification for the testimony)

6. If the appellant is also the applicant, only one 15-minute presentation is allowed.

B. Any person that addressed the Commission during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

11. At 11 pm, in order to ensure effective discourse on an item, the Commission will determine with a majority vote on whether to continue with an item or take up any unheard items.

12. Action Minutes
A. The City Council and all of its Boards and Commissions shall use Action Minutes to record the decisions of the body.

B. Action Minutes contain very little, if any, narrative content and do not capture details of public comments, or Commissioner comments, questions, and opinions.

The staff is responsible for producing the minutes. Commissioners may request

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correction only of factual errors when presented with the draft minutes. No supplemental materials may be appended to minutes.

C. Motions and votes are shown in the record, whenever applicable.

D. Media (audio/video) recordings will be used to provide a verbatim record of meetings and are kept as identified in the City’s Records Retention Schedule.

13. Conflict of Interest
A. The Political Reform Act (PRA), implemented and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

C. Whenever it appears to a Commissioner that they may have a prohibited financial interest in any City contract, or an item that may be presented to the Commission, the Commissioner should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.

D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the Commission, the City Council, the City Manager, the affiliated Department Head, and the Staff Liaison.

E. With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for themselves whether there is a conflict of interest.

F. A member shall not vote upon or participate in any matter on which they have a conflict of interest.

G. A member shall openly state the reason for their conflict of interest.

H. A member who is disqualified by a conflict of interest shall recuse themselves from the dais and leave the room unless it is during the Consent Calendar

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Chapter 8. Meeting Agendas

1. Agenda Order
Commission agendas will be prepared by the Staff Liaison to the commission and presented to the Commission in the order described below.

A. Opening

1. Pledge of Allegiance

2. Roll Call
B. Consent Calendar
All matters listed under the Consent Calendar are considered by the Commission to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed by a Commission member and considered separately. Members of the public may speak to any Consent Calendar item without the item being pulled.

C. Public Comment
Members of the public wishing to comment on any item not appearing on the agenda may address the Commission at this time. State law prevents Commissions from taking action on any matter not on the agenda. 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 will be provided later in the agenda, if needed. Timing is per Chapter 7(E)1 of these Rules.

D. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Commission.

E. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.

F. New Business
Non-routine items requiring an oral presentation and discussion before action is taken.

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G. Reports and Announcements
Commissioners provide an update on any meetings they attended in their commissioner role and Commissioners may make individual requests to schedule future items for consideration. A majority vote of the Commission is required to place a request on a future agenda.

H. Additional Public Comment (if needed)
I. Adjourn

2. Agenda Item Submission
A. The Staff Liaison coordinates all agenda items for consideration on a given agenda.

In order to ensure that each item for discussion has been thoroughly analyzed in advance, an Agenda Report shall be prepared.

1. The preparation of Agenda Reports applies to all Boards and Commissions in order to ensure:
a. The Board or Commission has all the information needed to make a well-informed decision; and
b. Any action is fully transparent to the public.

2. Agenda Reports shall be part of the public agenda packet issued prior to the meeting. Copies of the agenda, Agenda Reports and supporting materials shall be made available to the public at the meeting.

B. A Commissioner may request an item be considered on a future agenda and, upon a majority vote of the Commission, staff will prepare an Agenda Report and agendize the item for a future meeting. Before the vote, staff will provide information, if available, on how much staff time would be required to produce the Agenda Report.

C. Members of the Public

1. A member of the public may request Commission action in the following ways:
a. Write a letter or email to the Commission.
b. Speak during the Public Comment period at a Board / Commission meeting.

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2. The first response is for the staff liaison to address concerns raised directly outside the meeting regarding the issue.

3. If a majority of the Commission agrees, the item will be agendized at a future meeting.

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Chapter 9. Financial Matters

1. All Commissioners serve as volunteers without compensation or a stipend.

2. Commissioner Expense Reimbursement Policy
It is rare that a Commissioner would need reimbursement, but in the event that they do, the following policy shall apply:

A. Authorized Expenses

1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business.

2. Expenses incurred while attending educational seminars designed to improve officials’ skill and information levels are permitted with pre- approval from the affiliated Department Head.

3. All other expenses require prior approval by the City Council.

4. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.

1. Airfare
Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties and the State

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of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible.

2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.

3. Automobile
Mileage shall be reimbursed at IRS rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses. In addition, drivers may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.

6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.

7. Lodging
Commissioners are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available. If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the United States General Services Administration (GSA) maximum rate allowed by location (http://www.gsa.gov/portal/content/104877). This

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maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member.

8. Meals
The City will pay for a Commissioner’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that a Commissioner elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the GSA amount eliminates the need for employees to submit receipts. Thus, the Commissioner only needs to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.

When the meal function is an organized event, the official shall be reimbursed the amount being charged by the event organizer for the meal.

The City will not pay for alcohol/personal bar expenses.

10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.

Government and group rates must be used when available.

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C. Expense Reports

1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.

2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.

3. Expense reports are a public record.

D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.

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Chapter 10. Communication

1. All communications are public records.

All letters, memoranda, email, texts and other platform writing communications involving members of boards, commissions, committees and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.

2. The City Council, in adopting this policy, does not waive attorney-client privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.

3. Ralph M. Brown Act
Each Commissioner should be mindful of all the requirements of the Brown Act in communicating with each other.

4. Correspondence
A. After the Commission has taken a position on an issue, official correspondence should reflect this position. While Commissioners who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official Board or Commission title, and staff support should not be utilized.

B. City letterhead, logo, insignia and brand, as well as, staff support cannot be utilized for personal or political purposes.

C. Generally, correspondence relating to a specific Commission agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packet will be compiled and distributed to the Commission prior to the meeting (known as a Dais packet). This additional correspondence is appended to the Agenda Report as public comment on the public meeting portal and in the records repository permanent record. Any further correspondence received between posting of the Dais packet and until the end of when the item is heard, will also be appended to the Agenda report as supplemental correspondence.

5. Electronic Communication Record Retention
A. Commissioners are issued City of San Mateo email addresses and are required to use this email for all commission related communication. The City email may not be forwarded to a personal email.

B. All emails sent and received through the City server are saved for at least three years on the City’s network and are subject to the Public Records Act.

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C. Communication on social media sites are saved for at least two years.

D. Text messages sent on any City-provided device are saved for at least two years.

6. Social Media Use as a Commission Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. For example, these may include (without limitation):

Facebook, Twitter, Instagram, YouTube, TikTok, Snapchat, Nextdoor, blogs, etc.

The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If Commission Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.

B.First Amendment. Commissioners’ social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.

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D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. News of citywide importance should first be announced by the official City-affiliated accounts then can be reshared by Commissioners. Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Commission or City.

Members should be mindful of recognizing that accomplishments of the City or Commission are achieved by collective action of the entire body or organization, not by any individual commissioner.

7. Written Communications for Commission Meetings on Agenda Items A. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm one week before the Commission meeting. This is to allow for adequate staff review and analysis, and to ensure public access to information; on all plans, correspondence, and other documents being heard by the Commission. Contact the Commission’s Staff Liaison or Staff Admin for specifics.

B. To be included in the addendum to the packet, items may be received up until 4 pm the day of the scheduled meeting.

C. Materials distributed to Commissioners during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Commissioner, or at the conclusion of the meeting if prepared by another person.

D. If a Commissioner receives materials regarding an agenda item, they shall forward it the Staff Liaison as soon as possible.

8. Commission - Staff Relations
A. Commissioners may make requests of City staff through their Department Head for limited research and information. Requests that will require significant staff time, as determined by the Staff Liaison, may be referred to the full Commission and only pursued if supported by a majority of the Commission. All requests for research and information shall be made through the Staff Liaison.

B. Commissioners are encouraged to submit their questions on agenda items to the Staff Liaison as far in advance of the meeting as possible so that staff can be prepared to respond at the Commission meeting.

C. Clarifications or technical questions will be answered before the meeting whenever possible.

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D. Questions and all staff-prepared responses will be forwarded to all Commissioners.

9. Speaking for “the City”
Similar to written correspondence, when Commissioners are requested to speak to groups or are asked the Commission’s position on an issue, the response should reflect the position of the Commission as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the Commission voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the Commission’s position rather than that of an individual member.

10. Speaking as an Individual
On occasion, Commissioners may wish to transmit correspondence on an issue upon which the Commission has yet to take a position or about an issue for which the Commission has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the Commission or the City as a whole, but for themselves as an individual.

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Chapter 11. Boards and Commissions Selection
Process

1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.

2. Reappointments, Vacancies and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.

B. The City Clerk then shares the results with each appointment subcommittee and receives direction on the need to schedule an appointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment. However, if it is determined that a commissioner’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council. Any commission seat selected for re-interview means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants. Commission recruitment occurs annually in the months of April and May and is managed by the City Clerk’s Office. For these routine vacancies, the announcement is made approximately two months prior to the date on which the vacancy is to occur.

C. The City Clerk recruits for all open seats utilizing multiple avenues including advertising, the website, social media and networking lists to present qualified candidates to the Council for consideration.

D. The interview and selection of candidates is an open process.

E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate sub-committee, in a noticed special meeting, to interview applicants and form their recommendation.

F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) are appointed by a majority vote of the City Council and serve staggered terms.

G. A City Council Appointment Subcommittee conducts the candidate interviews and makes a recommendation for Council approval. The Council will receive the full list of candidates for each opening.

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H. The Appointment Subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular Council meetings. A staff report summarizing the Subcommittees’ recommendations will be provided to the full City Council and will include the list of all candidates reviewed by the subcommittee. The Council may adopt the recommendations as presented or pull the item for further discussion. A majority vote of the Council approves the appointees.

I. The designated Appointment Subcommittee may establish an eligibility list for up to two applicants that will remain in effect for a six-month period.

J. Unscheduled Vacancies

2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.

3. All appointments occur in an open public meeting.

K. Youth Activities Council (YAC) Selection Process
The YAC is not appointed directly by the City Council but through an application method administered by Parks and Recreation. High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year.

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Chapter 12. References

1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI

2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)

3. California Government Code, § 53234 et seq.

4. San Mateo Municipal Code

5. California Public Records Act (California Government Code, § 6250 et seq.)

6. AB 1234 California Government Code, § 53232.3

7. Rosenberg’s Rules of Order

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City Council Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, February 22, 2022, October 17, 2022, and April 1, 2024

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City of San Mateo Council Rules and Procedures
Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Authority of the City Council ....................................................................................4 Chapter 3. Key Governance Principles .......................................................................................5 Chapter 4. Duties .......................................................................................................................7 Chapter 5. Selection of Mayor and Deputy Mayor ..................................................................10 Chapter 6. Council Member Conduct.......................................................................................12 Chapter 7. Meetings.................................................................................................................13 Chapter 8. Meeting Agendas....................................................................................................18 Chapter 9. Financial Matters....................................................................................................21 Chapter 10. Communication ......................................................................................................26 Chapter 11. Legislative ...............................................................................................................31 Chapter 12. Council Liaison Roles ..............................................................................................34 Chapter 13. Boards and Commissions........................................................................................37 Chapter 14. References..............................................................................................................40

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Chapter 1. Purpose and Overview
This handbook describes the way for the San Mateo City Council to conduct its business and the expectations for members, staff, and the public to operate and engage with each other and the community as a whole. It is a compilation of all Council-related rules and procedures that have been formally adopted by Council.

Revisions to these Rules and Procedures
Amendments to these Rules must be approved by the City Council as a body and are subject to review and future modification as needed.

City Council Vision
The City Council’s vision and strategic goals can be found on the City’s website:
http://www.cityofsanmateo.org/index.aspx?nid=167

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Chapter 2. Authority of the City Council

1. The City Council is the policy and lawmaking body of the City. State and local laws define the powers and responsibilities of the City Council.

3. Revisions to these Rules
The Council shall review and revise these Rules as needed.

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Chapter 3. Key Governance Principles
In 2022, the City conducted its first by-district election for City Council members, with districts 1, 3, and 5 holding district elections in November 2022 and districts 2 and 4 to hold its first district elections in November 2024. This new election process changes how council members are elected, but not how they govern. It is the intent of the City Council to continue the practice of governing with a citywide perspective. The City Council acts as a body, not as individuals. An overriding principle is that all members of the City Council continue to serve all of the people of San Mateo.

Key Governance Principles

1. Serving the Entire Community
A. The City Council wishes to remain united in its service to the community and will govern by considering the needs and interests of the community as a whole.

2. City Management and Governance
Professional management in a Council-Manager form of government will continue with all of the best management practices that the City Council currently receives.

B. Budget allocations and financial considerations will not be made based on districts.

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Chapter 4. Duties

1. Duties of the Council
A. Refer to the Charter of the City of San Mateo for a detailed description of codified duties of the City Council.

B. Disaster Responsibilities

2. Duties of Mayor
A. To conduct meetings of the City Council as its chairperson.

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents and opponents, are heard but not allowed to disrupt the meeting.

3. Ensure that decorum and civility is maintained during the meeting.

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d. Consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
e. Announce the decision and vote of the Council on all items, this may occur with the assistance of the City Clerk, the City Manager, City Attorney, or key staff presenting.

B. To represent City Government as its chief elected official at community functions, events, meetings, and business outreach and retention visits.

C. On behalf of the City Council, to officially welcome dignitaries, officials, and special event gatherings.

This is expected protocol for any Council Member who represents the City on any regional bodies.

G. To review the agendas of meetings of the City Council and participate in their preparation as necessary.

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H. To recommend Council Members for liaison positions on various boards, commissions and agencies. The Mayor’s recommendations shall be discussed and confirmed by a majority vote of the Council and are subject to change.

I. To serve as the City’s primary media spokesperson in coordination with City staff.

Appropriate City staff should always be alerted to media contact.

J. Nothing under the Mayor’s duties shall limit any individual Council Member’s ability to interact with members of the public.

K. The Mayor is still subject to all duties of Council Members as listed below in number 4.

4. Duties of Council Members
A. Arrive on time for all Council meetings.

B. Review all meeting materials in preparation for Council meetings, and direct questions to staff (before meetings, whenever practical) if any item is unclear or clarification is needed.

F. All Council Members are asked to alert appropriate staff when receiving media inquiries.

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Chapter 5. Selection of Mayor and Deputy Mayor

1. City Council reorganization, including rotation of the office of Mayor and Deputy Mayor occurs annually at the regular meeting in December.

3. It is appropriate to base such succession on rotation and seniority according to the following:

B. After serving as Mayor, that Council Member moves to the end of the rotation sequence, and the other four Council Members move forward.

E. If a Council Member is appointed to fill a mid-term vacancy, that Council Member will go to the end of the rotational list.

F. Incumbent Council Members, when re-elected, do not begin anew at the end of the list, but rather retain their placement in the rotation.

G. If for any reason (death, resignation, recall, not seeking re-election, etc.) a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence.

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6. The City Clerk shall keep a list outlining the rotational sequence and update it annually.

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Chapter 6. Council Member Conduct

1. Council Members are committed to governing for all, and running our meetings with civility, decorum, and respect. With that spirit, San Mateo Council Members shall:

A. Govern as a body. If we work together well as a team, our City will excel.

B. Treat all with dignity, courtesy, and respect. This includes staff, each other, or members of the public, on and off the dais.

C. Keep confidential matters confidential.

D. Respect process and roles. This includes avoiding interruptions and distractions.

E. Agree to disagree in a respectful manner. We focus on the issue not the person.

F. Keep our comments clear, concise, and on-topic. This respects our colleagues’, the public’s, and staffs’ time.

G. Give each other a chance to speak. Everyone gets to speak before another of us speaks for a second time. We refrain from dominating the discussion.

H. The Mayor normally speaks last. After other members of the Council have offered their opinions, the Mayor speaks. The Mayor can speak after each round of speaking by Council Members.

I. Be mindful of the impact of our words and tone. We consider this as we address each other, staff, and the public.

J. Promote discussion and resolution. We present problems and issues in that way.

K. Follow the agenda. We begin and end meetings on time.

L. Respect the City Charter, rule of law, and decisions once made. We do not attempt to undermine decisions.

M. Speak for the City only when specifically authorized.

N. Practice a “no surprises” rule. We give a heads up to the City Manager and City Attorney out of respect and teamwork.

O. Practice the principles of inclusivity and self-awareness to guard against implicit bias in our actions and decisions.

P. Adhere to all conflict-of-interest laws.

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2. Council Members shall not participate as a volunteer in any of the City’s operating departments.

3. Council Members are subject to all the provisions of the City’s Harassment, Discrimination and Reasonable Accommodations for Disabilities Policy (#301).

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Chapter 7. Meetings

2. No business may be transacted by the Council at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently serving).

B. Once a year, adopt a schedule of Council meetings for the following year identifying any regular meeting dates that need to move due to major holidays or other conflicts.

C. Meeting dates may be amended with the approval of the Council.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Mayor or Council with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

D.Closed Sessions can be part of either special or regular meetings. The Council conducts its business in public to the greatest extent possible. State law recognizes

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that public discussion of certain items could jeopardize the public interest, compromise the City’s position, or cost the citizens of San Mateo financially, and, therefore; generally allows the City Council to hold closed session meetings for the consideration of certain personnel matters, labor negotiations, real property negotiations, matters of public security, and the discussion of litigation, among other things. These rules provide for strict confidentiality of City Council discussion as required by State law. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after an opportunity for public comment, are excluded.

5. Voting
A motion, second, and a majority vote of the Council shall be required for any formal action of Council unless the law or charter require a different threshold.

6. The Mayor, with the approval of a majority of the Council, may change the order of hearing of items on the agenda. Staff may make suggestions on the order due to practical and logistical issues.

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City. If speakers fail to follow these rules, they will be warned, and if they continue to disregard the rules, their opportunity to speak will be ended.

D. The Mayor may, at their discretion with Council concurrence, limit the amount of time allotted to speakers when needed, per the following time limits.

E. Generally, time limits for public comment are dependent on the number of speakers:

1. Individual Speakers:
•between 1 -10: 3 minutes
•between 11-20: 2 minutes
•over 21 speakers: 1 minute

2. Organized group (in lieu of individual speakers of the group) – up to five (5) minutes, for a group presentation, as many speakers are allowed as fit in that time allowance.

G. Individuals who wish to speak should submit a speaker card to the City Clerk, or use the raise your hand feature virtually, to be called up at the appropriate time.

The Clerk will announce the last opportunity to submit forms or raise hands and announce when the time has closed for public comment on any particular item.

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F. Council discussion and deliberation
G. Council votes

9. Appeals
A. Appeals are public hearings and will follow the order stated in #8 with the following time allocations:

1. Appellant – 15 minutes

2. Applicant – 15 minutes

3. Individual Speakers - as outlined in Section 7(D)1 above.

4. Rebuttal (Applies to Appellant and Applicant) – 5 minutes each

5. Clarification (Staff may offer explanation or clarification for the testimony)

6. If the appellant is also the applicant only one 15 minute presentation is allowed

7. Tenant Relocation Appeals Hearings – both the Landlord and the Tenant shall each be given 15 minutes to present, and each shall have a 5-minute rebuttal.

C. Any person that addressed the Council during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

At 11:00 pm, in order to ensure effective discourse on an item, Council will determine with a majority vote whether to continue with an item or if they will take up any remaining unheard items.

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B. Motions and votes are shown in the record.

C. Media (audio/video) recordings will be used in order to provide a verbatim record of meetings as identified in the City’s Records Retention Schedule.

12. Conflict of Interest
A. The Political Reform Act (PRA), implemented, regulated and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

E. With full consideration of the City Attorney’s advice, it is up to each individual Council Member to decide for themselves whether there is a conflict of interest.

F. A member shall not vote upon any matter on which they have a conflict of interest.

G. A member shall openly state the reason for their conflict of interest.

H. A member who is disqualified by a conflict of interest shall recuse him/herself from the dais and leave the room unless it is during the Consent Calendar.

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Chapter 8. Meeting Agendas

1. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below.

A. Opening

1. Pledge of Allegiance

2. Roll Call

E. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.

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F. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.

G. New Business
Non-routine items requiring an oral presentation and discussion before action is taken.

I. Additional Public Comment (if needed)
J. Adjourn

2. Agenda Item Submission
A. Persons who can place matters on the agenda: City Manager or City Attorney B. Council Member:

1. A Council Member may request an item be considered on a future agenda.

2. Council Members may make this request verbally during a meeting or may submit a written request.

C. Members of the Public

1. A member of the public may request Council action in the following ways:

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a. Write a letter or email to the City Council
b. Speak during the Public Comment period at a City Council meeting c. Attend annual Council goal setting meeting and provide input

2. Upon agreement of a majority of the City Council, Council will determine whether to place an item requested by the public on a future agenda.

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Chapter 9. Financial Matters

1. Council Member Compensation
A. State law sets the overall level of compensation for City Council Members (California Government Code § 36516).

B. Compensation of Council Members is set by Resolution (see the San Mateo City Charter, Section 2.03 Compensation).

C. Council Member benefits are established in San Mateo City Charter, Section 2.04 Benefits and Expenses.

D. A full explanation of Council Member compensation is available on the City’s website.

2. City Council Expense Reimbursement Policy
A. Authorized Expenses

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h. Implementing a City approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member.

2. All other expenses require prior approval by the City Council.

2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.

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may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.

6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.

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GSA amount eliminates the need for employees to submit receipts. Thus, the Council members only need to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.

10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.

Government and group rates must be used when available.

C. Expense Reports

1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.

2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.

3. Expense reports are a public record.

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D. Audits of Expenses
All expenses are subject to verification that they comply with this policy.

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Chapter 10. Communication

1. All communications are public records.

2. The Council, in adopting this policy, does not waive attorney-client privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.

3. Ralph M. Brown Act
Each Council Member should be mindful of all of the requirements of the Brown Act in communicating with each other.

4. Mail Processing
A. Members of the City Council may receive mail and other materials through City Hall.

B. City Clerk staff open all incoming mail for the Mayor and Council Members, unless it is labeled personal and confidential.

C. City Clerk’s Office staff disseminate these materials to individual Council Members.

City Staff will scan and email correspondence.

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the City Council meeting (known as a Dais packet). This additional correspondence is appended to the Agenda Report as public comment on the public meeting portal and in the records repository permanent record. Any further correspondence received between posting of the Dais packet and until the end of when the item is heard, will also be appended to the Agenda report as supplemental correspondence.

D. City letterhead, logo, insignia and brand, as well as staff support, cannot be utilized for personal or political purposes, See also Section 12 of this Chapter.

B. Communications on social media sites are saved for at least two years.

C. Text messages sent on any City-provided device are saved for at least two years.

Facebook, X (formerly Twitter), Instagram, YouTube, TikTok, Snapchat, Nextdoor, blogs, etc.

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E. To be included in the Dais packet, communication may be received up until 4:00 pm the day of the scheduled meeting.

F. Materials distributed to Council Members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the

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City or a Council Member, or at the conclusion of the meeting if prepared by another person.

G. If a Council Member receives materials regarding an agenda item, they shall forward it to the City Clerk and the City Manager as soon as possible.

B. It is not appropriate for a Council Member to make public comments at a Board or Commission meeting.

C. Council Members should direct any questions on agenda reports to the City Manager or their designee, usually the staff member presenting.

D. Clarifications or technical questions will be answered before the meeting whenever possible.

E. Questions and all staff-prepared responses will be forwarded to all Council Members.

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position of the City Council as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

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Chapter 11. Legislative

B. The offices of Mayor and Deputy Mayor are the Council’s Legislative Committee.

2. Ceremonial Matters
A. There are several different types of action the Council may take to provide recognition or express appreciation:

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3. Proclamations
Public announcements directing attention to a person, organization, or event. Proclamations will be issued subject to the policy described below.

B. Preparation of City Proclamations

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e. Upon receipt of the draft proclamation language, the City Clerk will place the item for consideration to considering issuing the proclamation on the Consent Calendar at the next available meeting. The proclamation will be issued upon a majority vote of the Council in support of issuing the proclamation. Depending on the nature and time-sensitivity of the request, the Mayor and Deputy Mayor can act without full formal concurrence of the Council when the situation warrants.

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Chapter 12. Council Liaison Roles

3. The assignment of City Council liaisons is conducted annually according to the following process:

A. Following the reorganization in December, the City Clerk will distribute a memo to each Council Member which will include a list of potential liaison assignments.

B. Each Council Member will complete the list in a manner which prioritizes the assignments of interest to them; and will submit their list only to the City Clerk in December.

C. The ranking process uses the following methodology:

1. Top priority = I really want this (please mark at most only two #1s)

2. This is something I would like to have

3. I’ll take this one for the team

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F. The Mayor, working with the City Manager and City Clerk, will utilize the responses to present an Agenda Report and conduct a discussion at the first meeting in January regarding the liaison appointments.

G. The Mayor and Deputy Mayor have traditionally been assigned to the following bodies:

1. City Council Legislative Committee - ordered by Resolution 158 (1981)

2. City Budget and Audit Committee

3. Planning Commission

4. Council of Cities – City Selection Committee (Mayor with Deputy Mayor as alternate)

4. Liaison to the City’s Boards and Commissions
A. Each of the City’s Boards and Commissions has a Council Member who serves as its Council liaison.

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these continuity bodies should confer with the current representative; and consider acting as an alternate or “shadowing” the current liaison for a time to learn more about the body’s functions and duties.

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Chapter 13. Boards and Commissions

1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.

2. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.

D. The interview and selection of candidates is an open process.

F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) are appointed by a majority vote of the City Council and serve staggered terms.

G. An “Appointment subcommittee” may include up to five City Council members.

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H. Except when reappointment is recommended, or an established eligibility list is used, the Appointment subcommittee shall conduct candidate interviews and make a recommendation for Council approval. Interviews shall be conducted in a noticed public meeting with at least a quorum of the Appointment subcommittee present.

J. The full Council will receive the Appointment subcommittee’s recommendation and the full list of candidates for each opening.

L. A majority vote of Council approves the appointees.

M. Commission recruitment begins annually in the month of March, and completes in May, in order to ensure continuity on commissions before terms end June 10th.

N. Unscheduled Vacancies

2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.

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3. All appointments occur in an open public meeting.

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Chapter 14. References

1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI

2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)

3. California Government Code, § 53234 et seq.

4. San Mateo Municipal Code

5. California Public Records Act (California Government Code, § 6250 et seq.)

6. AB 1234 California Government Code, § 53232.3

7. Rosenberg’s Rules of Order

8. Emergency Guide for Elected Officials

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Boards and Commissions
Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council Action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, September 6, 2022 and April 1, 2024

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City of San Mateo, Boards and Commissions Rules and Procedures Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Commission Authority..............................................................................................4 Chapter 3. Governance Principles..............................................................................................7 Chapter 4. Duties .......................................................................................................................8 Chapter 5. Selection of Chair and Vice Chair ...........................................................................12 Chapter 6. Commissioner Conduct ..........................................................................................13 Chapter 7. Meetings ................................................................................................................15 Chapter 8. Meeting Agendas ...................................................................................................21 Chapter 9. Financial Matters....................................................................................................24 Chapter 10. Communication ......................................................................................................28 Chapter 11. Boards and Commissions Selection Process...........................................................32 Chapter 12. References..............................................................................................................34

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Chapter 1. Purpose and Overview
This manual describes the way the City of San Mateo’s Boards and Commissions do their business. It is a compilation of all Board and Commission (hereafter referred to as “Commission” for the sake of brevity) rules and procedures that have been formally adopted by Council. These Rules and Procedures (“Rules”) supersede individual Commission bylaws.

Amendments to these Rules are made and approved by the City Council as a body; and are subject to review and future modification as needed.

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Chapter 2. Commission Authority

1. Commission Authority, Generally
A. The primary role of City commissions is to increase public input and participation in the determination of City policies and some programs.

C. Most importantly, the commission serves as a vehicle for public input into City programs and policies referred to it by the City Council or brought to its attention by staff.

D. The commission also serves to reduce the reevaluation of these matters before the City Council.

E. On the specific matters referred to it by the City Council, the commission serves as the principal reviewing body of the City.

F. Commissions adhere to the City Council’s policies on the programs under their scopes of interest.

G. Commissions serve to represent the general interests of the entire City and not specific program areas or specific interest groups.

H. Commissions are encouraged to express their views on issues, projects, or policies brought to them by the City department.

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A. Library Board:

The Library Board oversees the Library department’s policies and accepts in the name of the City money, personal and real property donated for Library purposes.

B. Personnel Board:

C. Community Relations Commission (CRC):

D. Park & Recreation Commission:

E. Planning Commission:

The Planning Commission hears requests and makes decisions and recommendations on land use projects. This body also recommends policy changes to the City Council.

F. Senior Citizens Commission:

The Senior Citizens Commission encourages, fosters, and facilitates programs for the enhancement of all matters relating to the social, economic, and personal well-being of the senior population.

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G. Sustainability and Infrastructure Commission
The Sustainability and Infrastructure Commission was established in 2018, consolidating the Public Works Commission and Sustainability Commission into one commission. It is the duty of the Sustainability and Infrastructure Commission to advise on policies and programs related to environmental sustainability, transportation and infrastructure.

H. Investment Advisory Committee (IAC):

The IAC serves as an administrative advisory committee to the City Manager. The IAC provides added insight and an independent perspective on the City’s investment policies and practices.

I. Youth Activity Council (YAC):

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Chapter 3. Governance Principles
In alignment with the City Council governance principles, each Board and Commission acts as a body, not as individuals. Commissioners understand and acknowledge the City is run on a Council-Manager form of governance and will respect professional staff’s role and the City Manager as leader of the City organization’s operations. Commissioners should be aware of and mindful of the impact of requests on limited staff resources.

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Chapter 4. Duties

1. Duties of the Chair
A. All City commissions elect a presiding officer, known as a chairperson for a one- year period.

B. The Chair sets the tone for the entire meeting.

C. To conduct meetings of the Commission as its chairperson efficiently:

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents, and opponents are heard but not allowed to disrupt the meeting.

3. Ensure that decorum and civility is maintained during the meeting.

5. To ensure that each member of the Commission is provided an opportunity to completely express their views on items of business, the Chair should:

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a. Actively seek commission member comments and ensure that Commissioners ask to be recognized by the Chair before speaking to maintain an orderly process on the dais.
b. Make sure that each commission member has had a first chance at providing comments, before allowing another commission to make additional statements – unless they are asked to clarify their prior statement.
c. Ensure that each commission member is given the opportunity to fully express their views.

D. To correspond on behalf of the Commission, provided that opinions expressed on behalf of the Commission or City Government are consistent with the consensus of the Commission.

E. Nothing under the Chair’s duties shall limit any individual Commissioner’s ability to interact with members of the public.

2. Duties of Vice Chair
In the absence of the Chair from the Commission meeting, the Vice Chair shall possess all powers of the Chair and be subject to all prescribed duties for that position.

3. Duties of Commissioners
A. Arrive on time for all Commission meetings.

B. Review all meeting materials in preparation for Council meetings, and direct questions to staff (before meetings, whenever practical) if any item is unclear or clarification is needed.

E. All commission members are asked to alert the staff commission liaison when receiving media inquiries.

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F. It is expected that Commissioners will attend all meetings. If a commissioner is absent for three consecutive meetings or for 15% of scheduled meetings annually, the City Clerk will notify Council who may take action to vacate the seat. The Commissioner is expected to notify the Staff Liaison or Staff Admin if they are unable to attend a meeting.

H. Read, and use as a primary reference, the Institute for Local Government’s Planning Commission Handbook.

4. Duties of Staff Liaison
A. The liaison, an assigned City staff person, has the following responsibilities:

1. Create meeting schedules.

2. Prepare meeting agendas and Agenda Reports.

3. Notify the City Clerk of attendance problems, resignations, and members’ change of contact information.

4. Ensure that sufficient research and analysis has been performed by staff to allow an informed decision by the Commission.

5. Help facilitate and advise the Chair on meeting management.

6. Ensure that all affected departments have an opportunity for input before bringing an item forward for commission consideration.

7. For the Planning Commission, arrange an annual joint meeting with the City Council.

B. The Staff Liaison, along with the City Clerk, is responsible for ensuring that appointed board/commission members are oriented about policies and procedures as they relate to the body.

C. All communications addressed to a specific Board or Commission are received by the staff liaison, or their designee, and relayed to the appointed body.

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5. Duties of Administrative Staff
Each commission also has an administrative staff person (Staff Admin), who works with the Staff Liaison, to support the body. Their responsibilities are to:

A. Provide oversight of agenda preparation and its delivery to the full Commission and to the public.

C. Produce the action minutes for each meeting.

D. Provide annually a record of attendance of each commissioner to the City Clerk.

6. Duties of Council Liaison
A. Every year the Mayor will appoint Council Members to serve as liaisons to the City’s Boards and Commissions.

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Chapter 5. Selection of Chair and Vice Chair

2. Nomination of commissioners to serve as Chair and Vice Chair for the coming year can be made by any of the current commissioners in attendance.

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Chapter 6. Commissioner Conduct

1. Members are committed to governing for all, and running our meetings with civility, decorum, and respect. With that spirit, Members shall:

A. Govern as a body. If we work together well as a team, our City will excel.

B. Treat all with dignity, courtesy, and respect. This includes staff, each other, or members of the public, on and off the dais.

C. Keep confidential matters confidential.

D. Respect process and roles. This includes avoiding interruptions and distractions.

E. Agree to disagree in a respectful manner. We focus on the issue not the person.

F. Keep our comments clear, concise, and on-topic. This respects our colleagues’, the public’s, and staffs’ time.

G. Give each other a chance to speak. Everyone gets to speak before another of us speaks for a second time. We refrain from dominating the discussion.

H. The Chair normally speaks last. After other members of the Commission have offered their opinions, the Chair speaks. The Chair can speak after each round of speaking by Members.

I. Be mindful of the impact of our words and tone. We consider this as we address each other, staff, and the public.

J. Promote discussion and resolution. We present problems and issues in that way.

K. Follow the agenda. We begin and end meetings on time.

L. Respect the City Charter, rule of law, and decisions once made. We do not attempt to undermine decisions.

M. Speak for the City only when specifically authorized.

N. Practice a “no surprises” rule. We give a heads up to the Commission staff liaison, and City Attorney’s Office represenative (if applicable) out of respect and teamwork.

O. Practice the principles of inclusivity and self-awareness to guard against implicit bias in our actions and decisions.

P. Adhere to all conflict-of-interest laws.

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Q. Not engage in discussion with a member of the public during the meeting. 1 R. Determine whether to schedule a future agenda item for discussion and/or action, during Reports and Announcements, when non-agenda items are raised in the course of the meeting.

S. Meet with the Council liaison to the Commission when requested.

T. Pay close attention the meeting and limit the use of electronic devices while on the dais, except as necessary to access agenda materials or respond to urgent personal matters.

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Chapter 7. Meetings

2. No business may be transacted by the commission at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently appointed).

B. The Boards and Commissions shall adopt a schedule of quarterly or more frequent meetings on an annual basis, which become the regular meeting dates.

C. Regular meeting dates may be amended with the approval of the Commission.

4. Types of Meetings
A.Regular Meetings are those identified in the adopted meeting schedule. Regular meetings are agendized and posted at least 72 hours in advance of the meeting.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Chair or Commission with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

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F.Adjourned Meetings due to Power Outages
In the event a quorum of the body loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting may be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the Commission. Any other agenda items the Commission has not taken action on will be placed on a future agenda.

D. The Chair may, at their discretion with commission concurrence, limit the amount of time allotted to speakers when needed, per the following time limits.

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E. Generally, time Limits for public comment are dependent on the number of speakers:

1. Individual Speakers - 3 minutes
a. between 1 -10: 3 minutes
b. between 11-20: 2 minutes
c. over 21 speakers: 1 minute

2. Organized group (in lieu of individual speakers) – up to five (5) minutes for a group presentation, as many speakers as fit within the time allowance.

4. The Chair shall manage public comments such that no individual speaker is allotted a disproportionate amount of time.

F. In-person members of the public are invited to speak at the lectern microphone, whenever available, to ensure all attendees can hear and so that the recording can be captured.

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D. Response by staff to public questions/concerns (or by an applicant before the Planning Commission), if warranted
E. Council questions to applicant and/or staff.

F. Commission discussion and deliberation.

G. Commission votes.

9. Appeals
A. Appeals are public hearings and will follow the order stated above with the following time allocations:

1. Appellant – 15 minutes

2. Applicant – 15 minutes

3. Individual Speakers – as outlined in Section 7(E)1 above.

4. Rebuttal (Applies to Appellant and Applicant) – 5 minutes each.

5. Clarification (Staff may offer explanation or clarification for the testimony)

6. If the appellant is also the applicant, only one 15-minute presentation is allowed.

B. Any person that addressed the Commission during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

11. At 11 pm, in order to ensure effective discourse on an item, the Commission will determine with a majority vote on whether to continue with an item or take up any unheard items.

12. Action Minutes
A. The City Council and all of its Boards and Commissions shall use Action Minutes to record the decisions of the body.

B. Action Minutes contain very little, if any, narrative content and do not capture details of public comments, or Commissioner comments, questions, and opinions.

The staff is responsible for producing the minutes. Commissioners may request

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correction only of factual errors when presented with the draft minutes. No supplemental materials may be appended to minutes.