Agenda packet, regular meeting — San Mateo City Council, October 7, 2024

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

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

AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTEL Y.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here:

O
ctober 7, 2024
To join via telephone: (408) 638-0968
Webinar ID: [81731658244] Passcode: [556423]
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

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

CALL TO ORDER
Pledge of Allegiance
Roll Call
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances

CEREMONIAL

1. Mayor’s Quarterly Hero Award

2. National Fire Prevention Month – Presentation

3. CalTrain Electrification – Presentation

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

4. City Council 2025 Regular Meeting Calendar — Adoption Adopt the City Council Regular Meeting schedule for the calendar year 2025.

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

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5. Mosquito & Vector Control District Board of Trustees Appointment Subcommittee — Appointment Recommendation
Appoint Tolifili Fa to the Mosquito & Vector Control District Board of Trustees for a two-year term through October 7, 2026.

CEQA: 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).)

6. King Recreation Center - New Fire Alarm System – Construction Contract Approve a construction contract with Newton Construction & Management, Inc. for a new Fire Alarm System in the amount of $173,353.48; establish a contingency reserve in the amount of $17,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

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

7. Administration of Sewer Service Charge — Agreement
Adopt a Resolution to approve an alternative purchasing procedure to award a three-year professional service agreement with NBS Government Finance Group for administration of the sewer service charge in an amount of $100,050; and authorize the Public Works Director to execute the agreement in substantially the form presented.

CEQA: Approval of this agreement is not a project subject to CEQA, because retaining assistance to prepare sewer rate charges, collection, and related customer services is a 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).)

8. California Municipal Finance Authority — Conduit Financing Adopt a Resolution to authorize the City Manager to approve issuances of taxable bonds by the California Municipal Finance Authority for the benefit of local governments, non-profit organizations, and businesses to finance projects that provide community benefits and require no financial or other legal obligation from the City of San Mateo.

CEQA: This report 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).)

9. Police Department and Public Works Department — Classification Updates Adopt a Resolution to 1) update the job specification for the classification of Dispatch Services Supervisor in the Police Department; 2) approve the job specification and salary range for the new classification of Police Communications and Public Relations Analyst; 3) reclassify the incumbent in the Communications and Public Relations Analyst position in the Police Department to the new classification of Police Communications and Public Relations Analyst; and 4) update the job specification for the classification of Maintenance Planner in Public Works Department.

CEQA: 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).)

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10. Central Park Phase 1 Playground Improvements Project – Bid Rejection Adopt a Resolution to reject all bids received for the Central Park Phase 1 Playground Improvements Project; and authorize the Parks and Recreation Director to negotiate a contract directly with Suarez & Munoz Construction, Inc.

CEQA: This council action is not a project subject to CEQA, because CEQA does not apply to projects which are disapproved. The proposed action is to reject all bids and negotiate a contract with the low bidder. If a contract is negotiated, that will be subject to future Council consideration and CEQA review. (CEQA Guidelines Section 15270.)

11. SEIU Maintenance Unit - Memorandum of Understanding Changes Adopt a Resolution to amend the Memorandum of Understanding with the SEIU Maintenance Unit for a term through June 25, 2027, and to approve a supplemental budget appropriation in the amount of $345,000 to the Fiscal Year 2024-25 Budget. This includes $127,500 to the General Fund, $9,500 to the Solid Waste Fund, $22,500 to the Fleet and Building ISF Fund, and $185,500 to the Sewer Enterprise Fund.

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

PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.

OLD BUSINESS

12. New Construction Reach Codes for the 2022 Code Cycle Provide feedback and direction on potential new construction reach codes for the 2022 Code Cycle.

CEQA: This informational report 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).) In addition, the adoption of the reach code amendments is categorically exempt from CEQA review because it consists of an action, as authorized by state or local ordinance, intended to reduce greenhouse gas emissions for the protection of the environment and the regulatory process involves procedures for protection of the environment. (CEQA Guidelines Section 15308.)

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

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:

Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

WATCHING A MEETING ON TV:

City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

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For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.

WATCHING A MEETING ON A COMPUTER:

There are three ways to stream.
1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings
2) City YouTube channel and stream it on YouTube:
http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.

During the meeting
By Zoom:

Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone:

Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person:

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

ACCESSIBILITY:

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-9154 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 07, 2024
SUBJECT:

City Council 2025 Regular Meeting Calendar — Adoption
RECOMMENDATION:

Adopt the City Council Regular Meeting schedule for the calendar year 2025.

BACKGROUND:

Each year, staff presents the City Council with a proposed calendar for regular meetings for the upcoming year. In accordance with the City Charter, regular City Council meetings are typically held on the first and third Mondays of each month, with exceptions for holidays. In July, August, and December, only one regular meeting is scheduled.

For 2025, the first meeting in January has been moved to accommodate the 2024 holiday period. Additionally, the second meeting in September has been rescheduled to September 22nd to observe Rosh Hashanah.

BUDGET IMPACT:

There is no budgetary impact associated with this item.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Regular Meeting Calendar for 2025

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

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2025 City Council Calendar of Regular Meetings
All meetings start at 7:00 p.m. and at this time are being held in a hybrid in-person/remote manner.

This is subject to change at some point in the future.

Day Date Notes
Monday January 13, 2025 (moved due to 2024 holiday period) Tuesday January 21, 2025 (moved because of Martin Luther King Jr. Day) Monday February 3, 2025
Tuesday February 18, 2025 (moved because of Presidents’ Day holiday) Monday March 3, 2025
Monday March 17, 2025
Monday April 7, 2025
Monday April 21, 2025
Monday May 5, 2025
Monday May 19, 2025
Monday June 2, 2025
Monday June 16, 2025
Monday July 7, 2025 Cancelled – regular holiday schedule Monday July 21, 2025
Monday August 4, 2025 Cancelled – regular holiday schedule Monday August 18, 2025
Tuesday September 2, 2025 (moved because of Labor Day holiday) Monday September 22, 2025 (moved in observance of Rosh Hashanah) Monday October 6, 2025
Monday October 20, 2025
Monday November 3, 2025
Monday November 17, 2025
Monday December 1, 2025
Monday December 15, 2025 Cancelled – regular holiday schedule

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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: 5 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 24-9173 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 07, 2024
SUBJECT:

Mosquito & Vector Control District Board of Trustees Appointment Subcommittee — Appointment Recommendation RECOMMENDATION:

Appoint Tolifili Fa to the Mosquito & Vector Control District Board of Trustees for a two-year term through October 7, 2026.

BACKGROUND:

In November 2023, Ed Degliantoni, the City's appointee to the Mosquito & Vector Control District Board of Trustees, formally submitted his resignation. Following his departure, the City Clerk’s Office has undertaken efforts to recruit a replacement. While the office typically requires a minimum of three applications before initiating the interview process, the extended vacancy prompted a decision to proceed with interviews despite receiving only two applications.

Historically, this position has not attracted a large pool of candidates. For example, in 2006, Dr. James W. Ridgeway was appointed as the sole applicant and subsequently served two full terms. Similarly, in 2015, Ed Degliantoni was the only applicant to interview for the role.

On Tuesday, September 24, 2024, the Appointment Subcommittee to the Mosquito & Vector Control District Board, consisting of Mayor Lisa Diaz Nash and Deputy Mayor Rob Newsom, Jr conducted an interview with Tolifili Fa to fill the vacancy on the Mosquito & Vector Control District Board of Trustees. The Clerk’s Office received two applications for the vacancy, however, only one applicant moved forward with an interview.

The Appointment Subcommittee recommends the following actions:

Recommended Action Duration
Tolifili Fa be appointed to a two-year term Immediate through October 07, 2026 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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CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

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

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 24-9050 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 7, 2024
SUBJECT:

King Recreation Center - New Fire Alarm System – Construction Contract RECOMMENDATION:

Approve a construction contract with Newton Construction & Management, Inc. for a new Fire Alarm System in the amount of $173,353.48; establish a contingency reserve in the amount of $17,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Martin Luther King Jr. (MLK) Recreation Center is located in the North Central neighborhood and is home to many youth activities including the Police Activities League, drop-in basketball, several dance and fitness classes, and a swimming pool. The building was constructed in 1968 and has a wet sprinkler fire suppression system, an existing security alarm system, but is currently not monitored by a Fire Alarm Control Panel (FACP).

In November 2023, the City adopted a resolution approving an alternative purchasing procedure to award a construction contract in the amount of $182,702.25 to Newton Construction & Management, Inc. (Newton) for the installation of a new fire alarm system within the existing structure. This new fire alarm system is required as part of the Family Room Changing Project, which changed the use of the existing structure, and the building must therefore conform to the current fire codes. Specific work includes the installation of fire alarm equipment, electrical panels, conduit, roofing, mechanical, framing, drywall, painting, and ceiling tile work. In April 2024, Change Order #1 in the amount of $49,707.01 was issued to address unanticipated hazardous material removal related to the fire alarm. In July 2024, City Council approved Change Order #2 in the amount of $173,353.48 to replace the existing rooftop unit that is necessary for completing the fire alarm system project.

Soon thereafter, staff realized the original contract had expired at the end of June 2024. This new proposed construction contract comprehensively captures the scope and fees associated with the previously approved original agreement and two change orders. In addition, it reflects the remaining balance of the contract and establishes a new completion date.

Since the original contract has expired, approval of this contract is necessary for Newton Construction & Management, Inc. to continue providing contractual services with the City and complete the Fire Alarm System project by November 2024.

BUDGET IMPACT:

There is sufficient funding available in the Citywide Fire Intrusion Alarm System Upgrade (460057) project for the construction contract and contingency reserve.

ENVIRONMENTAL DETERMINATION:

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CITY OF SAN MATEO
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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

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

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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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0 CONTRACT FOR CONSTRUCTION
This Contract is by and between.

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
Newton Construction &
Management, Inc.
2436 Broad Street
San Luis Obispo, CA 93401
Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

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

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

The Project is generally described as follows:

1.King Center Fire Alarm System which includes site barriers; demolition and disposal; framing; plumbing; electrical; mechanical; painting; inspection; testing and closeout.

2. The Site of the Work includes designated work areas described in greater detail in the Contract Documents but generally located at 725 Monte Diablo Avenue, San Mateo, California.

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

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

1. Architect: N/A

2. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or

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0 imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

1. Engineer: McGinnis Chen Associates, Inc.

2. Hazardous Environmental Condition— The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

3. Resident Project Representative - The authorized representative of Owner assigned to assist Owner at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. The RPR for this project is:
a. Steve Wu, City of San Mateo

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

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Owner, Engineer, or Architect. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of any provision of the Contract Documents.

C. Day:

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

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

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0 b. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion.

E. Furnish, Install, Perform, Provide:

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

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

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

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

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

1.01 Contract Documents Defined
A. The Contract Documents consist of the following documents:

1. This Contract.

2. Performance bond.

3. Payment bond.

4. Exhibits to this Contract (enumerated as follows):
a. Exhibit A – Scope of Work
b. Exhibit B – Insurance Requirements for Construction Contracts.

5. National Joint Powers Alliance - Book 2: IQCC Standard Terms and Conditions and Contract General Conditions.

6. National Joint Powers Alliance - Book 3: Task Catalog.

7. National Joint Powers Alliance Book 4: Technical Specifications.

8. The following which may be delivered or issued on or after the Effective Date of the Contract:
a. Work Change Directives.
b. Change Orders.
c. Field Orders.

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0 ARTICLE 3 - CONTRACT DOCUMENTS

3.01 Intent of Contract Documents
A. It is the intent of the Contract Documents to describe a functionally complete project. The Contract Documents do not indicate or describe all the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Owner and RPR. This Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. During the performance of the Work and until final payment, Contractor and Owner shall submit all matters in question concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents to the RPR. RPR will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

C. RPR will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

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

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

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

2.Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

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

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0 B. Resolving Discrepancies:

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

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

3. In the event of a conflict that cannot be resolved by interpreting the Contract Documents as a single, integrated document and giving effect to each provision therein, the Contract Document higher in precedence shall control and supersede the Contract Documents lower in precedence in accordance with the following listing arranged from the highest to the lowest in precedence:
a. Change Order.
b. Addenda.
c. Contract.
d. Technical Specifications included as an Exhibit to this Contract. e. Drawings included as an Exhibit to this Contract.
f. Owner Standard Specifications.
g. Owner Standard Drawings.
h. National Joint Powers Alliance Book 4: Technical Specifications. i. National Joint Powers Alliance - Book 2: IQCC Standard Terms and Conditions and Contract General Conditions.
j. The provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document).
k. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
l. Notice to Bidder.
m. Instruction to Bidder.

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0 ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times
C. The Work will be substantially completed within 90 days after the Effective Date of the Contract and completed and ready for final payment within 120 days after the Effective Date of the Contract.

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

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

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

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

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

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

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

ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of $173,353.48 for all Work.

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0 D. For any additional Work authorized by Owner, Owner shall pay Contractor in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price in the National Joint Powers Alliance - Book 3: Task Catalog times the actual quantity of that Work item completed. Actual quantities installed will be determined by the RPR.

ARTICLE 6 - BONDS AND INSURANCE

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

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

6.02 Insurance
A. The Contractor shall procure and maintain the insurance specified in the Exhibit B of this Contract for the greater of (1) the duration of the contract plus a period of five (5) years after completion of the Project or (2) the duration shown in Exhibit B.

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

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

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

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

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

1.02 Other Work at the Site
A. In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

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

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

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

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

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

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

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

B. Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and RPR, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs,

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0 losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations.

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

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

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

I. In accordance with Labor Code Section 1773.2, contractor will make travel and subsistence payments as required by statute.

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

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

L. In accordance with Labor Code Section 1777.5, contractor must comply with the statutory requirements relating to the employment of apprentices.

M. In accordance with Labor Code Section 1810, eight hours labor constitutes a legal day’s work.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

E. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor shall act to prevent threatened damage, injury, or loss.

Contractor shall give RPR prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If RPR determines that a change in the Contract

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0 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.

1.02 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.

1.03 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.

1.04 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.

1.05 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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0 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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0 B. RPR has the authority to reject Work if Contractor fails to perform Work in accordance with the Contract Documents.

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

D. 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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0 respect to an emergency) until receipt of a written statement permitting Contractor to do so.

E. 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.

F. 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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0 A. 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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0 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.

G. 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.

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

1.11 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.

1.12 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.

1.13 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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0 1.06 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.

1.07 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.

1.08 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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0 C. 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.

D. 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.

E. 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.

F. 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.

1.14 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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0 1. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

2. 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.

3. 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.

4. 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.

5. 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.

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

7. 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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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.

1.10 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.

1.11 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.

1.12 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.

1.13 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.

1.14 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.

1.15 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.

1.16 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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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: Eric Newton
Title: Public Works Director Title: President
Address for giving notices: Address for giving notices:
330 West 20th Avenue 2436 Broad Street
San Mateo, CA 94403 San Luis Obispo, CA 93401
License No.: CA License # 783608
(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 1 - MINIMUM SCOPE AND LIMIT OF INSURANCE

1.18 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.

1.19 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.

1.20 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.

1.21 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 2 - OTHER INSURANCE PROVISIONS

2.01 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.

2.02 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.

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

2. 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.

1.15 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.

1.16 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.

1.17 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.

1.18 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.

1.19 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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1.22 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

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 72-4651 File ID: 24-9139 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 07, 2024
SUBJECT:

Administration of Sewer Service Charge — Agreement
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure to award a three-year professional service agreement with NBS Government Finance Group for administration of the sewer service charge in an amount of $100,050; and authorize the Public Works Director to execute the agreement in substantially the form presented.

BACKGROUND:

Sewer service rates and charges are established annually to pay sewer collection and treatment operating expenses, debt service, and capital improvement expenses. The process includes calculating the charge for over 28,000 customer accounts, preparing the account roll for submission to the County, and providing ongoing customer response services, including 8 a.m. to 5 p.m. phone and email support for all sewer service ratepayers.

To provide the above services in a timely and efficient manner, the City has utilized the services of NBS Government Finance Group (NBS) to supplement internal staff resources. Since 2007, NBS has supported City staff by providing information technology services, financial analysis, Proposition 218 mail notice services, billing data submission to the County, and front-line customer support. Before contracting with NBS, the sewer charge was calculated internally on the former AS400 system by the City’s Information Technology (IT) department. The IT and the Public Works Departments have found that contracting out these services meets their long-term needs. In addition, the unique professional services NBS provides streamline the sewer rate collection process for staff and customers.

In accordance with Municipal Code section 3.60.070(h)(3), staff negotiated with NBS as they provide a specialized range of consultant services related to managing the sewer service charge and collection process, financial analysis for bond disclosures. NBS is familiar with the City’s procedures, and use of NBS’ services allows for continuity. The new agreement remains competitive with an increase of approximately eight percent from the current agreement.

BUDGET IMPACT:

Sufficient funds are budgeted for this three-year agreement in the Sewer Fund Public Works Administrative Services Operating Budget.

ENVIRONMENTAL DETERMINATION:

Approval of this agreement is not a project subject to CEQA, because retaining assistance to prepare sewer rate charges, collection, and related customer services is a 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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CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement

STAFF CONTACT
Alonso Barahona, Management Analyst II
[email protected]
650-522-7334
Jamie Perez, Business Manager
[email protected]
650-522-7242

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD A PROFESSIONAL SERVICE AGREEMENT

TO NBS GOVERNMENT FINANCE GROUP FOR THE ADMINISTRATION OF THE SEWER SERVICE CHARGE IN THE AMOUNT OF $100,050
WHEREAS, the City Council is being asked to approve a professional service agreement for the administration of the sewer service charge in the amount of $100,050; and WHEREAS, City staff requires a specialized range of consultant services to administer the sewer service charge; and
WHEREAS, City staff directly negotiated with NBS Government Finance Group (NBS), which provides the requisite specialized range of consultant services; and WHEREAS, NBS has in-depth knowledge of managing the administration of the sewer service charge and collection process, financial analysis for bond disclosures, and Proposition 218 noticing; and WHEREAS, NBS assisted in the Proposition 218 noticing process for the current City Council-approved five-year sewer service charge rate structure;
WHEREAS, the cost of consultant services has remained competitive with an increase of eight percent from the previously negotiated agreement; and
WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it is in the best interest of the City; and WHEREAS, based on these circumstances, staff recommends approval of the professional services agreement with NBS because it is in the best interest of the City for the reasons set forth in this resolution.

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

1. The professional service agreement for the administration of the sewer service charge is not a project subject to CEQA, because retaining assistance to prepare sewer rate charges, collection, and related customer services is a 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. In accordance with Municipal Code Section 3.60.070(h)(3), the professional service agreement for the administration of the sewer service charge from NBS Government Finance Group is in the City’s best interest for these reasons:
a. City staff requires a specialized range of consultant services; and b. NBS Government Finance Group has provided a wide range of services related to the City’s sewer services charge and has in-depth knowledge of managing the City’s administration of the sewer service charge and collection process, financial analysis for bond disclosures, and Proposition 218 noticing; and

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c. City staff negotiated with NBS to provide a specialized range of consultant services and the cost of NBS’ services have remained competitive with an increase of eight percent from the previously negotiated agreement; and
d. City staff has been satisfied with NBS’ performance and use of NBS’ services allows for continuity of services.

3. The professional services agreement for the administration of the sewer service charge from NBS Government Finance Group in an amount not to exceed $100,050 is approved.

4. The Public Works Director is authorized to execute the professional service agreement in substantially the form presented on behalf of the City.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: File ID: 24-9162 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Finance Department
MEETING DATE: October 07, 2024
SUBJECT:

California Municipal Finance Authority — Conduit Financing RECOMMENDATION:

Adopt a Resolution to authorize the City Manager to approve issuances of taxable bonds by the California Municipal Finance Authority for the benefit of local governments, non-profit organizations, and businesses to finance projects that provide community benefits and require no financial or other legal obligation from the City of San Mateo.

BACKGROUND:

In September 2024, a representative of the California Municipal Finance Authority (CMFA) approached the City seeking approval for issuing taxable bonds by the CMFA on behalf of PRS-California Obligated Group, which owns the Peninsula Regent retirement community project in San Mateo. The issuance of these bonds would not create any financial or other legal obligation on the part of the City, but City approval is required pursuant to a Joint Powers Agreement of which the City is a member.

While the City Council approved the issuance of bonds in 2019 for the benefit of a different organization, as explained below, it did not delegate authority to staff to approve these types of transactions without Council approval. The delegation of such authority is the purpose of this staff report.

California Municipal Finance Authority
The California Municipal Finance Authority (CMFA) was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural, and community development through the financing of economic development and charitable activities throughout California. To date, over 300 municipalities have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

CMFA Conduit Financing
In 2019, HealthRIGHT 360, a California non-profit organization, requested that the CMFA participate in the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $65,000,000, of which approximately $2,900,000 is allocable to projects in the City of San Mateo, with the remaining amount allocable to projects in other cities.

In order for the CMFA to have the authority to serve as the issuer of the bonds for the project, it was necessary for the City of San Mateo to become a member of the CMFA because part of the bond proceeds were utilized in our jurisdiction.

On October 7, 2019, the City Council adopted a Resolution approving the issuance of revenue bonds by the CMFA for the benefit of HealthRIGHT 360 and authorizing the City to become a member of the CMFA. The City then executed a Joint

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CITY OF SAN MATEO
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Exercise of Powers Agreement (Attachment 2), which provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities, and obligations of the CMFA do not constitute debts, liabilities, or obligations of the members executing such agreement.

Bonds issued by the CMFA are the sole responsibility of the borrower, and the City has no financial, legal, or moral obligation, liability, or responsibility for the subject projects, or for the repayment of the bonds. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the borrower.

Section 4 of the JPA provides that the CMFA can issue bonds, but it will not do so with respect to any project located in the jurisdiction of one or more members, such as the City of San Mateo, unless the governing body or its duly authorized representative approves the project, including the issuance of bonds. That approval could be in the form of a Resolution, certificate, order, report, or other written form selected by the member or its authorized representative. If the City Council adopts the proposed Resolution, the City Manager will be considered the authorized representative of the City for the purpose of approving the issuance of bonds by the CMFA for the PRS-California Obligated Group and other projects.

When the CMFA issues tax-exempt bonds, the City is required to conduct a public hearing under the Tax Equity and Fiscal Responsibility Act (TEFRA). These “TEFRA Hearings” provide members of the community with an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the project. Prior to the hearing, reasonable notice is provided to the members of the community to meet the requirements of the TEFRA. As such, any tax-exempt bonds to be issued by the CMFA for projects located in the City of San Mateo will require a TEFRA hearing and City Council approval.

For taxable bonds, a TEFRA hearing is not required. In order for the CMFA to have the authority to serve as the issuer of taxable bonds to finance projects in our jurisdiction, the JPA requires the governing body, or its duly authorized representative approve the project and the issuance of the bonds.

To streamline the approval process, staff recommends that the Council authorize the City Manager as the designated representative to approve issuances of taxable bonds by the CMFA for the benefit of local governments, non-profit organizations, and business to finance project that meet the following criteria:
a) The project provides community benefits;
b) The conduit financing is limited to taxable bonds;
c) The City's approval is solely for the purpose of satisfying the requirements of the CMFA Joint Exercise of Powers Agreement; and
d) The financing is solely responsible by the borrower and the City has no financial, legal, moral obligation, liability or responsibility for the projects or the repayment of bonds for the taxable conduit financing.

BUDGET IMPACT:

There is no budget impact. Bonds to be issued by the CMFA will be the sole responsibility of the borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the projects or the repayment of bonds for the financing the projects. All financing documents with respect to the issuance of bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the borrower.

ENVIRONMENTAL DETERMINATION:

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

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – CMFA Joint Exercise of Powers Agreement

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

AUTHORIZING THE CITY MANAGER TO APPROVE ISSUANCES OF TAXABLE BONDS BY THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF LOCAL GOVERNMENTS,

NON-PROFIT ORGANIZATIONS, AND BUSINESSES TO FINANCE PROJECTS THAT PROVIDE

COMMUNITY BENEFITS AND REQUIRE NO FINANCIAL OR OTHER LEGAL OBLIGATION FROM THE

CITY OF SAN MATEO
WHEREAS, the California Municipal Finance Authority ("CMFA") was created on January 1, 2004, pursuant to a Joint Exercise of Powers Agreement to promote economic, cultural, and community development through the financing of economic development and charitable activities throughout California; and WHEREAS, the City of San Mateo became a member of the CMFA in October 2019 through the execution of the Joint Exercise of Powers Agreement; and WHEREAS, the CMFA has the ability to issue both taxable and tax-exempt bonds to support various projects, including those located within the City of San Mateo; and WHEREAS, any issuance of tax-exempt and taxable bonds by the CMFA for projects located within its jurisdiction will require the City’s approval in accordance with the Joint Exercise of Powers Agreement; and WHEREAS, bonds issued by the CMFA will be the sole responsibility of the borrower, and the City will have no financial, legal, or moral obligation, liability, or responsibility for the project, or the repayment of the bonds; and
WHEREAS, tax-exempt bonds require public hearings in accordance with the Tax Equity and Fiscal Responsibility Act (the “TEFRA hearing”) and the TEFRA hearings are not required for the issuance of taxable bonds; and
WHEREAS, the City Council desires to streamline the approval process for the issuance of taxable bonds by the CMFA to finance projects that provide community benefits, and that require no financial obligation on the part of the City of San Mateo; and

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 Manager is hereby authorized and designated as the City's duly authorized representative to approve the issuance of taxable bonds by the CMFA for the benefit of local governments, non- profit organizations, and businesses to finance projects within the City of San Mateo, subject to the following conditions:
a) The project provides community benefits;

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9 b) The financing is limited to taxable bonds;
c) The City's approval is solely for the purpose of satisfying the requirements of the CMFA Joint Exercise of Powers Agreement; and
d) The financing is the sole responsibility of the borrower, and the City assumes no financial, legal, moral obligation, liability, or responsibility for the projects, or the repayment of bonds related to the taxable conduit financing.

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

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 24-9163 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: October 7, 2024
SUBJECT:

Police Department and Public Works Department — Classification Updates RECOMMENDATION:

Adopt a Resolution to 1) update the job specification for the classification of Dispatch Services Supervisor in the Police Department; 2) approve the job specification and salary range for the new classification of Police Communications and Public Relations Analyst; 3) reclassify the incumbent in the Communications and Public Relations Analyst position in the Police Department to the new classification of Police Communications and Public Relations Analyst; and 4) update the job specification for the classification of Maintenance Planner in Public Works Department.

BACKGROUND:

Police Department
The City of San Mateo retained the services of Liebert Cassidy Whitmore (LCW) to determine whether the Dispatch Services Supervisor and Communications and Public Relations Analyst positions in the Police Department are properly classified as exempt from overtime under the Fair Labor Standards Act (FLSA). LCW conducted the FLSA exemption test, and their opinion is that these positions should be reclassified as non-exempt, and paid overtime for hours worked in excess of forty per week. While the Dispatch Services Supervisor classification is used only in the Police Department, the Communications and Public Relations Analyst is a classification used in other departments. The position in the Police Department is distinct and the actual duties performed by the incumbent in the Communications and Public Relations Analyst position support LCW’s recommendation to create a new classification that is FLSA non-exempt.

Based on LCW’s opinion, the Police Department requests approval to update the job specification for the classification of Dispatch Services Supervisor to accurately reflect the position as FLSA non-exempt. Additionally, the Department seeks to create a job specification for the new FLSA non-exempt classification of Police Communications and Public Relations Analyst and to establish the salary range for this position to match the monthly salary range of the Communications and Public Relations Analyst classification (job code 2001) at $9,743.85 – $11,624.18. Consequently, the Police Department requests to reclassify the incumbent in the Communications and Public Relations Analyst position to the new classification of Police Communications and Public Relations Analyst, allowing the incumbent to retain their current salary step.

Public Works Department
The Maintenance Planner position serves as the administrator for the Computerized Maintenance Management System (CMMS) software and related databases in support of wastewater treatment plant (WWTP) operations and maintenance.

This role helps plan and schedule maintenance, installation, overhaul, and repair of equipment, and obtains quotes and bids for equipment and support services. The proposed changes to the job specification removes the original language tying the position specifically to the WWTP. Updating the job specification will allow the City to utilize this position to support operations and maintenance for additional divisions such as facilities, sewers, streets, and traffic.

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BUDGET IMPACT:

These changes do not affect compensation and benefits; however, with these changes the two Police Department positions will now be eligible for overtime. The overtime incurred will be absorbed within the department’s operating budget, so no additional appropriation is needed at this time. There is no budget impact associated with the revisions to the job specifications.

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
Att 2 – Job Specifications with tracked changes

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

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1 CITY OF SAN MATEO
RESOLUTION NO. __ (2024)

APPROVING THE POLICE DEPARTMENT AND PUBLIC WORKS DEPARTMENT CLASSIFICATION UPDATES WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed changes as detailed below are in response to Police Department’s requests to update the job specification for the classification of Dispatch Services Supervisor to accurately reflect the position as FLSA non-exempt, and reclassify the incumbent in the Communications and Public Relations Analyst position to the new FLSA non-exempt classification Police Communications and Public Relations Analyst based on the study conducted by an outside consultant, and Public Works Department’s request to update the job specification for the classification of Maintenance Planner to accurately and more broadly reflect the scope of the duties and responsibilities of the position; and
WHEREAS, the proposed job specifications for the classifications of Dispatch Services Supervisor, Police Communications and Public Relations Analyst, and Maintenance Planner are attached hereto as Exhibit A; and the proposed salary range for the classification of Police Communications and Public Relations Analyst is attached hereto as Exhibit B; and all exhibits are incorporated by reference; and WHEREAS, the employee associations representing the impacted classifications have been informed of the 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 job specifications for the classifications of Dispatch Services Supervisor, Police Communications and Public Relations Analyst, and Maintenance Planner attached hereto as Exhibit A; and

3. The salary range for the classification Police Communications and Public Relations Analyst attached hereto as Exhibit B; and

4. The reclassification of the incumbent in the Communications and Public Relations Analyst position in the Police Department to the new classification Police Communications and Public Relations Analyst are approved.

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1 Exhibit A

DISPATCH SERVICES SUPERVISOR

DEFINITION
To plan, organize and supervise the operation of the Dispatch Services Unit in the Technical Services Division of the Police Department; to assist in the preparation and monitoring of the Unit’s budget; to coordinate the Emergency Mobile Communications Van activities; to provide technical staff assistance to Department staff; and to do related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Police Technical Services Administrator. Exercises direct supervision over dispatchers and other assigned staff.

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

Coordinate and assist in formulating policies and procedures for the Dispatch Unit, including the incorporation of procedures required by other local jurisdictions served.

Direct, coordinate and review the work plan for Dispatch Services, and develop methods for improvement of service delivery.

Assume responsibility for all dispatch personnel matters including selection, assignment and prioritization of work; training; evaluation; and effective input concerning disciplinary matters.

Prepare work schedules to provide for adequate coverage on all shifts; prepare and approve time off and overtime schedules.

Respond to inquiries and complaints concerning dispatch operations and personnel.

Perform dispatch duties as needed.

Assist in the development of the Unit budget; monitor and, as appropriate, approve expenditures.

Establish and maintain effective communications with other Department units, other City departments and applicable agencies at all government levels; and assist in the development of emergency-related plans and procedures.

Coordinate the maintenance and repair of dispatch equipment with other City personnel, contractors and

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1 vendors.

Prepare various reports of operations and activities; supervise maintenance of operational records and files.

Serve as the Custodian of Records for Dispatch Services.

Represent the Unit at applicable meetings and conferences; attend seminars and workshops.

OTHER JOB-RELATED DUTIES
Perform related duties and responsibilities as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:

Operation of public safety computerized communications equipment.

Use and management of dispatch records.

Operational requirements of law enforcement agencies.

Principles, practices and trends relating to emergency communication.

Regulations pertaining to the dispatch of emergency equipment.

Public safety classification codes and computer commands. Principles of personnel administration.

Principles and practices of office management and budget preparation and administration.

Modern office procedures, methods, and related equipment.

Mathematics and of English usage, grammar, spelling, and punctuation.

Ability to:

Effectively supervise a public safety dispatch operation.

Acquire a thorough knowledge of Division and Department policies and regulations, and a working knowledge of applicable City policies and regulations.

Acquire a thorough knowledge of relevant laws and regulations governing dispatch operations and of geographic features and streets of the City and of other areas served.

Remain calm in emergencies and think and act quickly with good judgment. Communicate

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1 effectively both verbally and in writing.

Identify actual and potential problems in service delivery and develop means to reduce or eliminate their occurrence.

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

Work protracted or irregular hours.

Experience and Training Guidelines:

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

Experience:

Five years of communications experience in a public safety environment, including two years in a lead or supervisory capacity.

Training:

Equivalent to the completion of the twelfth grade. Additional specialized training (or college level course work) in public safety communications or a related field is desirable.

Certificates:

Completion of P.O.S.T. basic dispatch training is required on hire or within a prescribed period of time following employment.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to work in a standard office environment with the ability to sit for extended periods of time, twist, and reach. Possess acceptable vision, hearing, speech, and manual dexterity.

ADOPTED CC: 5-02-05
REVISED CC: 10-07-24
FORMER TITLES:

BARGAINING UNIT: MANAGEMENT UNIT
FLSA: NON-EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT-MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY FORM 700: NO
JOB CODES: 2620

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1 POLICE COMMUNICATIONS AND PUBLIC RELATIONS ANALYST

DEFINITION
To provide oversight and management of the communication and public education outreach efforts for the police department including developing, planning, and implementing communication about its programs, services, and activities; to contribute to the newsletter production and website design; and to advise and assist various departments on public information/relations activities.

DISTINGUISHING CHARACTERISTICS
This is the journey level in the single level professional Communications and Public Relations Analyst class. Incumbents initially perform the more routine duties assigned to positions in this series and work under close supervision. However, as experience is gained, incumbents are expected to perform the full range of duties as assigned with increasing independence.

SUPERVISION RECEIVED
Receives direction from a police sergeant or higher level sworn department personnel.

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

Design, oversee and implement community-based and internal outreach and engagement efforts, to include coordination of multiple City departments, partner agencies, and community groups.

Respond to crime scenes, and coordinate with media after hours for media and community relations engagement, on-cameras for the press, answering questions for the community, and working with those at the command post to ensure crisis communication is being communicated to stakeholders.

Plan and produce police department related events.

Participate in communications strategic planning; consult with and support City departments in communication activities; develop marketing campaigns for a variety of City or department initiatives.

Contribute to the design and maintenance of the police department website.

Oversee, implement, and maintain social media presence; create content and recommend utilization of new social media platforms.

Oversee the Media Intelligence Team to ensure 24-hour, seven days a week coverage on social media platforms.

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1 Contribute to media relations; prepare, review, and distribute press releases.

Respond to critical incidents to assist with community and media relations.

Perform emergency notification alerts to the community.

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

Foster 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.

MINIMUM QUALIFICATIONS
Knowledge of:

Principles, practices and techniques of communications and public information through a variety of mediums.

Principles and concepts of corporate and organizational branding.

Strategic communications methods and platforms, including utilization of social media.

Typical City structure, services, and programs.

Ability to:

Manage and develop a public information function for a variety of purposes and audiences.

On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports, and special projects.

On a continuous basis sit at desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone and write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less.

Understand and communicate technical data to the public and the media.

Write effective copy, proposals, press releases, articles, etc.; prepare and conduct presentations.

Use desktop publishing and printing techniques; learn the use of specialized computer software applicable to the position.

Use sound judgment in recognizing scope of authority.

Operate and use modern office equipment including computers and applicable software.

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1 Maintain regular attendance and adhere to prescribed work schedule to conduct job responsibilities.

Utilize appropriate safety procedures and practices for assigned duties.

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

Work with various cultural and ethnic groups in a tactful and effective manner.

Communicate clearly and concisely, both orally and in writing.

Experience and Education
Any combination equivalent to experience and education that could 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 responsible public affairs, public communications and/or public relations experience.

Education
Equivalent to a Bachelor’s degree from an accredited college or university with major coursework in marketing, journalism, public relations, public administration, criminal justice, or a related field.

License or Certificate
Possession of, or ability to obtain, a valid California driver's license.

Special Requirements:

Essential duties require the following physical skills and work environment:

Ability to work in a standard office environment; ability to travel to different sites and locations.

Ability to be on-call in the event of an emergency requiring community or media engagement.

ADOPTED CC: 10-07-24
REVISED CC:

FORMER TITLES:

BARGAINING UNIT: MANAGEMENT UNIT
FLSA: NON-EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT-MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: YES
JOB CODES: 2003
ABOLISHED:

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1 MAINTENANCE PLANNER

DEFINITION
To operate, maintain, and serve as administrator for the Computerized Maintenance Management System (CMMS) software and related databases in support of the operation and maintenance of city assets (including but not limited to: city buildings and facilities, wastewater treatment plant, sewer/storm infrastructure, etc., depending on assignment); to plan and schedule maintenance, installation, overhaul, and repair of equipment; and to obtain quotes and bids for software, equipment, and support services.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the WWTP Maintenance Superintendent or from higher level personnel as designated by Department Head, depending on assignment.

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

Serve as the system administrator for the Computerized Maintenance Management System (CMMS) for city assets and infrastructure; troubleshoot and perform tests to ensure the computerized program is working properly and to ensure the consistency of data output.

Coordinate with operations and maintenance personnel to identify maintenance needs to include in a comprehensive preventative maintenance program; obtain technical information, plans, sketches, and written instructions to assist with defining project scope and estimating time, labor, equipment, and material needs as well as safety equipment, permits, and plans for specific maintenance projects.

Develop repair plans by reviewing work orders, clarifying intent with originators, determining scope of work for each job, and ensuring that repair parts and materials are received prior to commencement of jobs; coordinate and schedule jobs with other outside vendors and/or contractors prior to commencement of work.

Collect details pertaining to installation, maintenance and repair history and other information to ensure a current and complete record of work and site documentation; interpret, prepare, and update a variety of charts, graphs, records, correspondence, and reports.

Develop failure analysis and preventative and predictive maintenance plans and requirements for equipment by researching the manufacture’s maintenance recommendations; define, compile, and incorporate these maintenance activities in the CMMS.

Research, compile, and prepare reports and documentation on various assigned projects; review overall program components and develop, recommend, and implement modifications; maintain records of findings and corrective actions.

Prepare weekly, monthly, and annual activity reports; monitor and report on status of maintenance projects; complete and maintain records.

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1 Guide the issuance and distribution of materials, supplies, parts, tools, and equipment; maintain the warehouse inventory and non-inventory items by preparing purchase orders for department signature; order materials and supplies via open purchase order system; coordinate and organize contracted services.

Participate in the preparation of plans and specifications for parts, materials and services related to the repair and modification of city assets and equipment; participate in the selection of contractors and vendors; and participate in the review of submittals for compliance with various Federal, State, and local regulations and requirements.

Train users of the CMMS, including customer familiarization with system capabilities, functionality, and ad hoc reporting.

Fully utilize the computerized work systems in accordance with workflow processes.

Develop, write, schedule, calendar, distribute and update methods and procedures for preventive maintenance activities.

Maintain current records and accurate inventory regarding city equipment and facilities; take appropriate action when new or retired equipment is acquired.

Plan work orders and suborders to include, but not limited to, description of work, methods, special instructions, printed materials, spare-parts list, special tools, equipment, prerequisite activities, technical support, estimated man-hours and estimated durations of work order.

Prepare routine reports identifying potential problem areas, recommendations for equipment overhauls, potential equipment modifications, and other issues.

Compile cost estimates on major equipment repair/overhaul.

Provide budget support as it relates to future year maintenance.

Verify asset location and attribute details through field visits as needed.

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

Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

Principles and practices of asset management systems administration, including preventative and predictive maintenance systems.

If assigned to the wastewater treatment plant: Wastewater treatment operations and equipment, including instrumentation, electrical, control, and mechanical methods and technology used in the maintenance, operation, and upgrading of utility facilities.

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1 Preventative maintenance techniques and schedules.

Purchasing and procurement procedures common to a public agency.

Principles of inventory and contract management.

Principles of project management.

Modern office equipment and methods including use of applicable computer applications.

Techniques and principles of effective interpersonal communication.

Principles and practices of safety management.

Pertinent local, State and Federal laws, codes, ordinances, City functions, policies, rules and regulations.

Research methods and techniques.

Computer software, including word processing, database, spreadsheet and accounting applications.

English usage, spelling, punctuation, and grammar; and arithmetic, basic mathematical calculations and statistics and statistical methods.

Ability to:

Perform technical duties related to the development, implementation, and maintenance of a comprehensive preventative maintenance management program.

On a continuous basis, sit at a desk; intermittently twist and reach office equipment; write and use keyboard to communicate through written means; perform simple grasping, pushing, pulling, and fine manipulation; lift or carry weight of 50 pounds or less.

Intermittently review documents related to department operations; observe, identify and problem solve office operations and procedures; understand, interpret, and explain department policies and procedures and work orders; explain operations and jobs to staff.

Read, interpret, and follow contract drawings, blueprints, and equipment diagrams Interpret and explain pertinent preventative maintenance standards and department policies and procedures.

Estimate labor and materials required to correct mechanical problems.

Effectively research and recommend the purchase of various materials and equipment necessary to maintain city assets and facilities.

Effectively monitor contracts and the work of contractors to ensure the City’s interests are met.

Operate a personal computer utilizing spreadsheet, word processing and database software at an intermediate to advanced level.

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1 Use computers and handheld devices in the course of work.

If assigned to the wastewater treatment plant: Properly operate a forklift, to load, unload and store materials.

Collect, compile, analyze and present a variety of data in a meaningful way.

Interpret, apply, and explain laws, rules, code and City policies and procedures.

Understand and translate City policies and practices into everyday working practices; make sound decisions with solid problem-solving methods.

Use principles of effective industrial safety including use of equipment in a proper and safe manner, use of preventative personal ergonomic techniques, and maintenance of safe housekeeping in personal and common workspaces.

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

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

Communicate clearly and concisely, both orally and in writing.

Experience and Training
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:

Two years of responsible experience involving the maintenance and repair of a wastewater treatment facility system.

Or
Two years’ experience in computerized maintenance management system operation and inventory control.

Training:

Equivalent to an Associate’s degree from an accredited college or university with major course work in civil, mechanical, or electrical engineering technology or a related field.

License or Certificate
Possession of, or ability to obtain, a valid California driver’s license.

Possession of a valid CWEA Mechanical Technologist certification is desirable if assigned to the WWTP.

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1 ADA Special Requirement:

Essential duties require the following abilities and work environment:

Ability to sit, stand, walk, kneel, crouch, stoop, squat, crawl, reach, twist, climb, and lift 50 pounds; exposure to extreme noise, outdoors, vibration, confining workspace, chemicals, dust, toxic waste, explosive materials, mechanical hazards, and electrical hazards; availability for on- call.

Ability to wear a respirator and maintain a face seal while using a respirator.

ADOPTED CC: 5-18-15
REVISED CC: 8-21-17, 10-07-24
FORMER TITLES:

BARGAINING UNIT: SEIU MAINTENANCE UNIT
FLSA: NON-EXEMPT
PERFORMANCE APPRAISAL: WHITE COLLAR TECHNICAL
DOT: NO
PRE APPT-MEDICAL: YES
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: NO
JOB CODES: 6206
ABOLISHED:

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1 Exhibit B
City of San Mateo – Merit Salary Schedule for Adoption by Council on October 7, 2024 Police Communications and Public Relations Analyst (job code 2003) Steps Hourly Biweekly Monthly Annual
Step 1 56.21 4,497.16 9,743.85 116,926.20 Step 2 58.73 4,699.68 10,182.63 122,191.56 Step 3 61.39 4,909.95 10,638.23 127,658.76 Step 4 64.15 5,131.37 11,117.96 133,415.52 Step 5 67.05 5,365.01 11,624.18 139,490.16

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 10-6143 File ID: 24-9182 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: October 07, 2024
SUBJECT:

Central Park Phase 1 Playground Improvements Project – Bid Rejection RECOMMENDATION:

Adopt a Resolution to reject all bids received for the Central Park Phase 1 Playground Improvements Project; and authorize the Parks and Recreation Director to negotiate a contract directly with Suarez & Munoz Construction, Inc.

BACKGROUND:

The Central Park Phase 1 Playground Improvements Project includes the preservation of existing trees, replacement of the restroom and associated utilities, new themed and accessible playground areas & equipment, a new picnic shelter, new walkways, picnic tables, benches, site furnishings, fencing, pedestrian path light and irrigation system upgrades and landscaping.

Following extensive community outreach and commission/council input over a number of years, the updated Central Park Master Plan was adopted in March 2018. The Master Plan outlines a long-term conceptual plan to make incremental improvements to the park, including a new plaza and underground parking at the 5th Avenue edge of the park; relocated tennis courts; a new community event building; Fallen Heroes Memorial Grove; new picnic pavilion; and renovations to the existing children’s playground area. Due to its age and condition, the renovations to the children’s play area was identified to be the first phase to be implemented.

In February 2024, a project status update was presented to City Council. The update outlined the completion of 100 percent Construction Documents, Prequalification of Prospective Bidders and review of the design consultant’s 100 percent Construction Document Cost Estimate. The 100 percent Construction Document Cost Estimate for the playground construction included a hard cost of $10.7 million with a 15 percent contingency for a total of $12.3 million. The anticipated total project (hard & soft) cost is $13.4 million. Staff recommended and City Council approved proceeding with the bid phase by soliciting bids for the complete project as currently designed and included a series of “bid alternates” to give the city a menu of options to evaluate costs once the actual construction cost was known. This approach enables the budget to be evaluated and managed based on actual bids as opposed to estimated costs.

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

A notice inviting Sealed Proposals and Bidding Documents was issued to advertise the project on July 8, 2024. Four prequalified contractors attended the mandatory pre-bid site walk on July 17, 2024. Three bids were received and opened on September 6, 2024, with the result below from low to high bid, which are 13 to 17 percent above the engineer’s estimate of $10,181,314.00.

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Contractor Bid Amount
Suarez & Munoz Construction, Inc. $11,532,000.00
Robert Bothman Construction, Inc. $11,934,500.00
McGuire and Hester $11,946,600.00
San Mateo Municipal Code section 3.60.040(a)(4) authorizes the City Council to, at its discretion, reject all bids received, negotiate a contract for the work or supplies if the project is not within budget, do the work through City employees, or terminate the project or purchase. Given that the bids received are greater than the engineer’s estimate and the established budget for the project, staff is requesting for City Council to reject all bids. However, given the uncertainty of future price escalations, there may be an opportunity to have value engineering discussions with the low bidder now and identify potential savings. Staff is therefore requesting for City Council to authorize the Parks and Recreation Director to have negotiation discussions with Suarez & Munoz Construction, Inc. in an effort to identify areas where cost reductions may be achieved. If these negotiations are successful, staff will return to City Council for approval of a contract with Suarez & Munoz Construction, Inc. at a future date. If negotiations are not successful, staff will either rebid the project at a later date or modify the scope.

BUDGET IMPACT:

There is no budget impact for the rejection of bids.

ENVIRONMENTAL DETERMINATION:

This council action is not a project subject to CEQA, because CEQA does not apply to projects which are disapproved. The proposed action is to reject all bids and negotiate a contract with the low bidder. If a contract is negotiated, that will be subject to future Council consideration and CEQA review. (CEQA Guidelines Section 15270.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Bid Results

STAFF CONTACT
King Leong, Project Manager
[email protected]
(650)752-7542
Joanne Magrini, Parks and Recreation Director
[email protected]
(650)522-7404

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
REJECTING ALL BIDS FOR THE CENTRAL PARK PHASE 1 PLAYGROUND IMPROVEMENTS PROJECT WHEREAS, the Central Park Phase 1 Playground Improvements Project (Project) includes the preservation of existing trees, replacement of the restroom and associated utilities, new themed and accessible playground areas & equipment, a new picnic shelter, new walkways, picnic tables, benches, site furnishings, fencing, pedestrian path light and irrigation system upgrades and landscaping; and WHEREAS, the updated Central Park Master Plan was adopted in March 2018, which outlines a long- term conceptual plan to make incremental improvements to the park, including a new plaza and underground parking at the 5th Avenue edge of the park; relocated tennis courts; a new community event building; Fallen Heroes Memorial Grove; new picnic pavilion; and renovations to the existing children’s playground area; and WHEREAS, due to its age and condition, renovation to the children’s playground area was identified to be the first phase to be implemented; and
WHEREAS, in February 2024, staff recommended, and City Council approved proceeding with the bid phase by soliciting bids for the complete Project as currently designed and included a series of “bid alternates” giving the City a menu of options to evaluate costs once the actual construction cost was known; and WHEREAS, the City advertised the Project in accordance with Section 3.60.040 of the Municipal Code; and
WHEREAS, four prequalified bidders attended the mandatory pre-bid site walk on July 17, 2024; and WHEREAS, three bids were received on September 6, 2024; and WHEREAS, Suarez & Munoz Construction, Inc.’s bid of $11,532,000 was determined to be the lowest responsive bid, but is 13 percent higher than the engineer’s estimate of $10,181,314.00, and exceeds the Project construction budget of $10.7 million; and
WHEREAS, Section 3.60.040(a)(4) of the City’s Municipal Code allows the City Council to, at its discretion, reject all bids received, negotiate a contract for the work or supplies if the project is not within budget, do the work through City employees, or terminate the project or purchase; and WHEREAS, staff recommends rejecting all bids and negotiating a contract directly with Suarez & Munoz Construction, Inc. to explore reducing Project costs and account for the Project overbudget; and WHEREAS, if the negotiations are successful, staff will return to Council for approval of a contract with Suarez & Munoz Construction, Inc. at a future date; but if negotiations are not successful, staff will either rebid the Project at a later date or modify the scope.

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

1. This council action is not a project subject to CEQA, because CEQA does not apply to projects which are disapproved. The proposed action is to reject all bids and negotiate a contract with the low bidder. If a contract is negotiated, that will be subject to future Council consideration and CEQA review. (CEQA Guidelines Section 15270.)

2. In accordance with the provisions of the San Mateo Municipal Code Section 3.60.040(a)(4), all bids for the Central Park Phase 1 Playground Improvements Project are rejected.

3. The Parks and Recreation Director is authorized to negotiate directly with Suarez & Munoz Construction, Inc. who is the lowest responsive bidder on the project.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 24-9194 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: Monday, October 07, 2024
SUBJECT:

SEIU Maintenance Unit — Memorandum of Understanding Changes

RECOMMENDATION
Adopt a Resolution to amend the Memorandum of Understanding with the SEIU Maintenance Unit for a term through June 25, 2027, and to approve a supplemental budget appropriation in the amount of $345,000 to the Fiscal Year 2024-25 Budget. This includes $127,500 to the General Fund, $9,500 to the Solid Waste Fund, $22,500 to the Fleet and Building ISF Fund, and $185,500 to the Sewer Enterprise Fund.

BACKGROUND
The SEIU Maintenance Unit (SEIU Maintenance) represents approximately 83 active employees. The contract with this bargaining unit expired on June 22, 2024.

Negotiations with the SEIU Maintenance concluded on September 24, 2024 and the membership then 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 reached an agreement. The agreement includes:

Term: The contract will be for a period of three years, expiring on June 25, 2027.

Salary: The bargaining unit will receive a 3 percent salary increase and an additional 2 percent increase for equity adjustments effective the first full pay period following Council adoption. In addition, a number of classifications will receive targeted equity adjustments of 1 percent effective the first full pay period following Council adoption. The bargaining unit will receive a one-time lump sum payment of $1,500 in recognition of ongoing safety training following Council adoption. The bargaining unit will receive a 3 percent increase effective for the pay period including June 21, 2025.

The bargaining unit will receive a 3 percent increase effective for the 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.

Additional Compensation Surveys: The City has agreed to prepare a total compensation survey for classifications “set to market” that were not already surveyed. 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 $10,000 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.

Japanese Curator Differential: 5 percent differential for a worker who has the expertise and assumes the added duties of curating the City of San Mateo Japanese Garden.

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Safety Clothing/Equipment: Effective the first full pay period following Council adoption of this agreement, the City will reimburse employees up to $300 per fiscal year towards safety shoes, socks, and orthotics.

Uniforms: Effective the first full pay period following Council adoption of this agreement, the City will adhere to the SEIU Maintenance Unit Uniform Policy and provide for an annual allowance of $280.00 for jackets as needed and an annual allowance of $200.00 per year for pants/jeans as an alternative to City-provided uniform pants for certain classifications.

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 includes the cost-of-living adjustment (COLA). A supplemental budget appropriation is required for the negotiated equity adjustments and the lump-sum payment for FY 24-25. Budget impact is estimated to be $345,000, with $127,500 in the General Fund, $185,500 in the Sewer Enterprise Fund, $22,500 to the Fleet and Building ISF Fund, and $9,500 to the Solid Waste Fund.

ENVIRONMENTAL DETERMINATION
This Tentative Agreement 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
Exhibit A – Tentative Agreement
STAFF CONTACT Yumi Maeda, Sr. HR Analyst
[email protected]
(650) 522-7279

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

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF SAN MATEO AND THE SEIU MAINTENANCE UNIT AND APPROPRIATING FUNDS TO THE FISCAL YEAR 2024-25

WHEREAS, the amendments are related to salary, term, other pays and miscellaneous language changes relating to departmental operations, and language clarity for the SEIU Maintenance 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 Tentative Agreement; and WHEREAS, an appropriation of additional funds to the Fiscal Year 2024-25 adopted operating budget is necessary to fund the additional salary increases not budgeted.

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

1. This Tentative Agreement 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 SEIU Maintenance Unit, 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 25, 2027.

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

Japanese Curator Differential: 5 percent differential for a worker who has the expertise and assumes the added duties of curating the City of San Mateo Japanese Garden.

Safety Clothing/Equipment: Effective the first full pay period following Council adoption of this

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9 agreement, the City will reimburse employees up to $300 per fiscal year towards safety shoes, socks, and orthotics.

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

3. A supplemental budget appropriation of funds in the amount of $345,000 to the Fiscal Year 2024-25 Budget is approved as outlined below by fund:

General Fund $127,500
Solid Waste Fund $9,500
Sewer Fund $185,500
Fleet and Building ISF Fund $22,500

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9 Exhibit A
CITY OF SAN MATEO and SEIU MAINTENANCE UNIT
2024 MOU NEGOTIATIONS

TENTATIVE AGREEMENT

10.2.7 Japanese Curator Differential (New section)
A worker who has the expertise and assumes the added duties of curating the City of San Mateo Japanese Garden shall receive a five percent (5%) differential.

11.0 TEMPORARY UPGRADE ACTING PAY
Any merit system worker in the SEIU Maintenance Unit who is assigned by a supervisor to carry out the full range of responsibilities in a higher classification for at least one (1) full eight (8) cumulative hours or more during any pay period shall receive the rate of pay of the higher classification for all time in the assignment. The rate of pay for a temporary upgrade shall be that rate the worker would be entitled to in the event of a promotion under Section 9.3 of this Agreement. If a temporary upgrade assignment is in a different bargaining unit, the employee will retain the benefits of their actual position.

In the event that a non-exempt employee is assigned to an acting pay temporary upgrade assignment of an exempt classification for more than two (2) consecutive pay periods, the employee will receive the exempt classification’s salary with no provision for overtime pay.

Acting assignments shall be no longer than six (6) months in duration, unless an extension is approved by the City Manager (City Administration Policy III.D.4).

11.1 Acting Pay – Temporary Upgrade Pay (TUP)
When an employee is acting or working out of classification due to incumbent’s approved leave of absence, said employee shall receive Temporary Upgrade Pay (TUP). TUP, as defined by California Code of Regulation 571(a)(3), is compensation to employees who are required by their employer or governing board or body to work in a higher upgraded position/classification of limited duration.

TUP shall be reported to CalPERS as special compensation for classic members.

11.2 Acting Pay – Working Out of Class (WOC)
Working out of class appointments shall only be made for vacant positions during active recruitment. Gov. Code Section 20480 of the Public Employees’ Retirement Law (PERL) defined an “out-of-class appointment” to mean an appointment to an upgraded position or higher

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9 classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a" vacant position" refers to a position that is vacant during active recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee' s leave of absence (see “Temporary Upgrade Pay” above).

WOC Acting Pay is reportable to CalPERS as compensation for both classic and PEPRA.

12.0 DIFFERNTIAL PAY FOR WORKING OUT OF CLASSIFICATION PAY When a worker is assigned to perform a significant portion but not all of the duties of a higher paid classification, the worker may qualify for a differential in pay. The extent of duties assigned and the differential for pay for this work out of class will be evaluated by the immediate supervisor subject to Department Head approval and must be a minimum of one (1) shift.

14.1 Compensation Increases During the Term of Agreement 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:

August 7, 2022 4.0%
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.

Additionally, other economic increases as follows:
*Affects Single Classification
Effective the first full pay period following Council adoption of this agreement, each active merit employee on payroll as of the date of adoption will receive a one-time lump sum payment of $1,500 in recognition of required ongoing safety training.

Benchmarks Targeted Vacancy
Equity
CENTRAL SERVICES WORKER 1%
LANDSCAPE LABORER* 1%
FACILITIES MAINT WORKER 1%
MAINTENANCE WORKER II 1%
WWTP MECHANIC I 1%

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9 Effective the pay period including June 21, 2025 all represented classifications will receive an across the board increase of three percent (3%).

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

14.2 Market Placement and Compensation Survey Data
The City agrees to provide survey data prior to the commencement of negotiations for a successor Memorandum. Data to be provided shall include: top step salary, EPMC and deferred compensation; PERS and Social Security (City share); health, dental and vision benefits; life insurance and LTD.

The City seeks to set top-step base salaries equal to the median of comparable cities. Cities with populations from 50,000 to 150,000 in San Mateo, Santa Clara and Alameda counties will be surveyed and the data will be used to provide a competitive package. For benchmark classifications at the Wastewater Treatment Plant, cities / special districts in San Mateo, Santa Clara and Alameda counties that serve populations from 100,000 – 250,000 will be surveyed and the data will be used to provide a competitive package.

The data will be compiled 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/ special districts used 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 Union of the intent to reopen.

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

1. Custodian

2. Tree Maintenance Specialist

3. Traffic and Lighting Technician
The survey will utilize the same comparators and components of compensation as the surveys for Maintenance Worker II. Landscape Maintenance Worker II, Facilities Maintenance Worker, WWTP Operator II and WWTP Plant Mechanic II as provided to the Association in labor

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9 negotiations. This total compensation survey shall be completed by December 1, 2024, and promptly provided to the Union. 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 $10,000 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.

15.0 HEALTH AND WELFARE PROVISIONS

15.1 Health Insurance
The City shall make a dedicated health contribution on behalf of those workers eligible for Group Medical Coverage or Medicare, Part B under the various plans available to the City in the amounts necessary to a maximum contribution of One Hundred Sixty Dollars ($160.00) per worker per month or not less than what is provided under the Public Employees’ Medical Hospital Care Act (“PEMHCA”) as prescribed by Government Code Section 22892, whichever is greater.

The City shall make available to eligible current and retired workers benefits equal to the Meyers Geddes State Employees' Medical and Hospital Care Act, and may self-insure after meeting and conferring with the Union.

If, during the term of this Agreement, a health plan is mandated by the federal government, the City and Union agree to open negotiations on the subject of possible modification of the health plan only. It is understood that in case of such mandated health plan, the City shall be liable for up to the mandated cost or the amounts specified above, whichever is higher.

15.3 Flexible Benefits Plan
The City shall contribute up to $1,903.91 (inclusive of the $160 maximum City contribution towards group medical insurance or not less than what is provided under the Public Employees’ Medical Hospital Care Act (“PEMHCA”) as prescribed by Government Code Section 22892, whichever is greater) per month towards the flexible benefit plan.

Each January during the term of this Agreement, the City’s contribution to the Plan will be adjusted to 100% of the Bay Area Kaiser Single rate, 90% of the Bay Area Kaiser Two-Party rate, and 90% of the Bay Area Kaiser Family rate.

The City’s contribution for part-time merit workers working less than 40 hours per week shall be prorated.

If an employee is eligible for alternative group medical insurance through a spouse or domestic partner’s employer-sponsored medical plan, the employee may waive the City’s medical insurance coverage and select such alternate plan. Proof of such alternate coverage is required prior to waiving coverage through the City plan. Any employee who waives medical coverage entirely shall be eligible to receive in cash the waiver amounts outlined below.

15.5 Merit Employees hired on or after July 1, 2006

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9 Waive Coverage:

For employees waiving health insurance entirely, the employee will receive $160 per month as part of their salary or not less than what is provided under the Public Employees’ Medical Hospital Care Act (“PEMHCA”) as prescribed by Government Code Section 22892, whichever is greater.

Cash disbursements for part-time merit workers working less than 40 hours per week shall be prorated. Any workers exceeding 40 hours per week will not be given any additional cash disbursement.

17.0 HOLIDAYS

17.1 Recognized Holidays
Legal holidays shall be as follows:

New Year's Day, January 1
Martin Luther King's Birthday, 3rd Monday in January
Presidents’ Birthday, 3rd Monday in February
Memorial Day, last Monday in May
Juneteenth, June 19th
Independence Day, July 4
Labor Day, 1st Monday in September
Veterans Day, November 11th
Thanksgiving Day, 4th Thursday in November
Day after Thanksgiving
Christmas Day, December 25
In addition, three (3) floating holidays are provided each calendar year. The floating holidays may be taken on a working day mutually agreeable to the employee and the department.

Employees shall accrue twelve hours of floating holiday time during the first full pay period in January and July each year.

Every day approved by the City Council for a public fast, thanksgiving, a day of mourning or other holiday.

18.0 VACATION

18.1 Vacation Accrual
A worker shall accrue vacation with pay as follows:

Biweekly Yrs. Of Service Days/Year Biweekly Hourly Accrual 0 through 3rd 11 days 3.39 hrs./biweekly
4th through 9th 16 days 4.932 hrs./biweekly
10th year 17 days 5.243 hrs./biweekly

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9 11th year 18 days 5.54 hrs./biweekly
12th year 20 days 6.16 hrs./biweekly
13th year through 23rd year 22.5 days 6.93 hrs/.biweekly 24 years and beyond 25 days 7.769 hrs./biweekly
The time at which a worker may take their vacation shall be determined by the Department Head or designee, with due regard for the wishes of the worker and the needs of the service. Vacation credit shall not be used prior to the time it is actually earned.

Employees may accrue up to two times (2X) their annual vacation leave accruals. Employees shall cease accrual of vacation until such time as the accrued leave falls below the cap.

In the event the City is unable to schedule vacation and a worker is subject to cessation of accruals, the worker shall be permitted to utilize such vacation to avoid cessation of accruals.

A worker shall be entitled to one (1) extra day of vacation paid at eight (8) hours for each legal holiday occurring during any such vacation period.

19.5 Bereavement Leave
In the event of a death in the immediate family, workers may take accrued sick leave of up to three (3) days, or up to five (5) days. Additional accrued sick leave may be taken at the discretion of the employee’s department head, in the event of a death of an immediate member of their family.

Bereavement Leave shall be tracked separately from Protected Sick Leave.

In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of their death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, great grandparent, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

21.2 Leave Without Pay
Leaves of absence without pay may be granted for a period not to exceed one (1) year in cases of illness not covered by sick leave; in cases of personal emergencies, including childbirth; for temporary employment by the Union; for education and training relative to the worker’s employment; or when such absences would not be contrary to the best interests of the City. Any authorization for leave of absence without pay shall be made in writing by the City Manager and the Department Head.

The worker may elect to use earned sick leave and vacation prior to commencement of the leave or retain the earned sick leave and vacation for use upon return to employment.

33.4.1 Safety Clothing/Equipment
The City will provide up to threewo hundred and fifty dollars ($30250.00) per fiscal year toward the reimbursement of safety shoes, socks, and orthotics. Said reimbursement shall be against original official receipts for safety shoes, socks and orthotic expenditures. Safety shoes are

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9 defined as any Safety Committee recommended shoe. The City shall continue to supply all required safety equipment.

33.4.2 Uniforms
The City shall provide uniforms for any employee required to wear a uniform in the course of their duties.

Crews regularly exposed to vehicle traffic shall wear safety shirts. Determination of street traffic exposure shall be made by the supervisor.

The City will provide a uniform jacket to each worker. Said jacket will be from the City's uniform supplier or purchased and provided by the City. The worker will be provided one (1) jacket every year. Each worker will be responsible for maintenance of the issued jacket.

A jacket may be replaced after one (1) year from date of issue. The jacket being replaced shall be exchanged for the new jacket. The Department may elect to replace a jacket more than once a year if it is determined that the jacket was damaged or destroyed in the discharge of the worker's duties.

The monetary value of the uniform, as determined by the City, is five hundred dollars ($500.00) annually. To the extent required by CalPERS, City will report the value of uniforms to CalPERS as special compensation for CalPERS classic members.

The City shall adhere to the Policy (SEIU Maintenance Unit Uniform) for the provision of uniforms to eligible employees. The uniform allowance shall cover the following items:

1. Uniform Shirts: Eleven (11) units (one-time, to be replaced as needed)

2. Uniform T-Shirts with City Logo: Seven (7) units (to be replaced as needed for the Facilities Department only)

3. Hats with City Logo: to be replaced as needed.

4. Uniform Pants: Eleven (11) units (one time to be replaced as needed)

5. Jackets: (not to exceed $280 provided annually, to be replaced as needed) Optional- Uniform Pants Allowance: In addition to the provided uniforms, only Public Works (Facilities/Streets/Traffic/Sweeper Crews) and Parks and Recreation shall receive an annual allowance of $200.00 per year for the procurement of pants and/or jeans as an alternative to City- provided uniform pants.

36.3 Disciplinary Action

36.3.1 Notice of Proposed Discipline
Whenever a disciplinary action is proposed to be taken against a worker, the worker shall be notified in writing of the proposed disciplinary action at least five (5) working days in advance of the pre-disciplinary (“Skelly”) hearing.

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a. Statement of the proposed disciplinary action to be taken against the worker; b. A statement of the facts upon which the proposed disciplinary action is based which shall set forth clearly and with such particularity the charges against the worker so that the worker can understand said charges;
c. A statement must indicate the cause for the proposed disciplinary action pursuant to the Personnel Rules or other relevant City policies;
d. A statement which generally describes any actions taken against the worker during the last five (5) years and which relates to the current proposed disciplinary action; e. A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to Union representation.

The written notice of proposed disciplinary action shall be considered to be sufficient notice to the worker if the above information is contained. The written notice of proposed disciplinary action must be presented to the employee, either by personal service or sent via regular and certified mail (return receipt requested) and email to the last address that worker has furnished to the appointing authority.

36.3.2 Notice of Disciplinary Action
Whenever a disciplinary action is taken against a worker, the worker shall be notified in writing of the action taken.

Such written notification shall include:
a. Statement of the disciplinary action taken against the worker; b. A statement of the facts upon which the disciplinary action is based which shall set forth clearly and with such particularity the charges against the worker so that the worker can understand said charges;
c. A statement must indicate the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies;
d. A statement which generally describes any actions taken against the worker during the last five (5) years and which relates to the current disciplinary action; e. A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to appeal to the Personnel Board.

The written notice of disciplinary action shall be considered to be sufficient notice to the worker if the above information is contained. The written notice of disciplinary action must be presented to the employee, either by personal service or sent via regular and certified mail (return receipt requested) and email to the last address that the worker has furnished to the appointing authority.

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9 38.0 FLEXIBLE STAFFING
Definition: Flexible staffing reflects a situation where two levels of a specialization exist: entry level and journey level. These positions are most often a I and II series or possibly an “assistant” and “associate” level. For a worker to progress from the entry level to the journey level, they must meet a specified level of expertise or a length of time and expertise as described by the relevant job description to be promoted to the “journey” level. No testing process is necessary.

Many of these series classifications also have a “III” or “senior” level. However to progress to this higher level a worker must complete the application and recruitment process.

The following classifications, consistent with budget allocations, are flexibly staffed, pursuant to class specifications:

Landscape Laborer
Landscape Maintenance Worker I
Landscape Maintenance Worker II
Maintenance Worker I
Maintenance Worker II
Water Quality Plant Operator I
Water Quality Plant Operator II
Plant Mechanic I
Plant Mechanic II
Pump Station Mechanic I
Pump Station Mechanic II
Classification change shall be at the discretion of the Department Head.

43.0 TERMINATION OF AGREEMENT

This Agreement shall terminate as of 11:59 p.m., June 225, 20247.

In the event that this Agreement is terminated or expires the salaries and benefits paid on the date of termination shall remain in effect. Negotiations shall establish any changes from the last existing salary and benefits, as well as other conditions of employment. The use of a formula to establish salaries and benefits shall not establish past practice.

The existing and unmodified rules, regulations, resolutions or ordinances relating to wages, hours and conditions of employment not covered in this Agreement for workers in this Unit shall remain unchanged unless the changes are the result of meeting and conferring as required by law.

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9 City of San Mateo GPS Data Policy
Within ninety (90) days of Union ratification and City Council approval of this MOU, representatives of the City and the Union will meet to discuss developing and implementing a revised GPS Data policy that would cover all non-safety employees Citywide.

If the parties do not reach agreement on a revised GPS Data policy pursuant to this side letter, the current provisions of the MOU shall remain status quo.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: OLD BUSINESS Account Number: 10-1311 File ID: 24-9049 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: October 7, 2024
SUBJECT:

New Construction Reach Codes for the 2022 Code Cycle
RECOMMENDATION:

Provide feedback and direction on potential new construction reach codes for the 2022 Code Cycle.

BACKGROUND:

Jurisdictions may adopt local building code amendments that exceed State requirements, often referred to as “reach codes,” to require more sustainable building design and construction. The adoption of reach codes is an important strategy for meeting the City’s Climate Action Plan goals and reducing greenhouse gas emissions from buildings and transportation.

On October 17, 2022, City Council introduced an ordinance approving local amendments to require enhanced electric vehicle charging infrastructure beyond state requirements, require all-electric new construction, and require electric- readiness and electric appliances during residential building remodels for the 2022 Code Cycle (January 1, 2023 – December 31, 2025). The ordinance was adopted on November 7, 2022, with an effective date of January 1, 2023. This report focuses on the City’s all-electric reach code for new construction for which enforcement is currently suspended due to a federal court decision. This report provides background on the federal court decision, presents a replacement reach code option, and discusses the advantages and disadvantages of implementing a reach code for the remaining 2022 Code Cycle that will end on December 31, 2025.

All-Electric New Construction Reach Code Background
The City of San Mateo has a strong history of adopting reach codes to meet climate goals. In 2020, the City’s first all- electric reach code for new buildings went into effect. All-electric buildings have electric appliances for space and water heating, clothes drying and cooking. By avoiding the use of natural gas, an all-electric building has a smaller carbon footprint.

In the last five years, more than 70 cities have adopted local regulations requiring new construction to be all electric. The City of Berkeley was notably one of the first to adopt such a requirement in August 2019. On April 17, 2023, the Ninth Circuit Court of Appeals in California Restaurant Association v. City of Berkeley determined that a local ordinance that generally prohibited the installation of natural gas infrastructure was preempted by federal law, namely the Energy and Conservation Act (EPCA). Berkeley sought rehearing from a larger en banc panel of Ninth Circuit judges. On January 2, 2024, the Ninth Circuit denied the request for the rehearing. The decision of the three-judge Ninth Circuit panel was reissued with minor amendments that do not change the substance or reasoning of the opinion. Due to this federal court decision, the City’s current reach code requiring all-electric construction of new buildings cannot be enforced and is currently suspended.

Energy Performance Reach Code for New Construction
Staff identified increasing building energy performance requirements through local amendments to the California Energy

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Code (Energy Code) as an alternative approach to conform to the EPCA-preemption standards set by the court. Peninsula Clean Energy (PCE) led the development of an Energy Performance Reach Code model ordinance to support cities in adoption. Across the state, cities have adopted an Energy Performance Reach Code for the 2022 Code Cycle, including Palo Alto, Brisbane, San Jose, East Palo Alto and Santa Cruz.

The Energy Code establishes whole-building efficiency requirements, which account for a building’s water heater, HVAC (heating, ventilation, and air conditioning) system, solar generating system, and insulation, among other design elements.

The Energy Code includes both prescriptive and performance pathways for each building type. The Energy Performance Reach Code primarily amends the performance pathway of the Energy Code and does not regulate cooking equipment, laundry dryers, or other energy uses not addressed by the performance pathway of the Energy Code.

The Energy Code relies on multiple metrics. For single family residences, there is Energy Design Rating (EDR). For multifamily and commercial buildings, there is Time Dependent Valuation (TDV), a standard that combines the value and cost of energy consumed at different times of the day and year and Source Energy, a metric that acts as a proxy for carbon emissions.

The Energy Performance Reach Code would increase the required EDR1 score for single family residential buildings and the required Source Energy scores for all other buildings. By increasing these requirements, the result is a decrease in emissions from newly constructed buildings. The Energy Performance Reach Code would adopt the following performance metrics:

Building Type Compliance Margin
Single Family Residential Buildings Exceed the standard EDR1 requirement by at least 9 Multi-Family Residential (Low-rise, ≤ 3 stories) Exceed the standard Source Energy requirement by 10% Multi-Family Residential (High-rise, ≥ 4 stories) Exceed the standard Source Energy requirement by 4% Non-Residential Exceed the standard Source Energy requirement by 7% To meet the higher standards proposed in the Reach Code, new buildings could include only electric appliances and systems or gas and electric systems. For mixed-fuel buildings, additional energy efficiency measures, solar photovoltaic (PV) systems, and/or a battery would be necessary to meet the Source Energy compliance margin. The enhanced performance requirements would apply equally to mixed-fuel and all-electric buildings and are cost-effectively achievable through the Energy Code’s performance pathway without requiring appliances that exceed federal efficiency standards.

For buildings that include natural gas in their design, the proposed reach code also includes electric-readiness requirements. Note, nearly all of the reach code’s electric-readiness requirements are also included in the 2025 Energy Code as a mandatory requirement. Installing the electrical infrastructure during initial construction is far less costly than retrofitting buildings later to support electric equipment. Electric-readiness helps prepare building owners for the Bay Area Air Quality Management District (BAAQMD) regulations requiring zero-NOx water heating and space heating equipment by 2027 and 2029, respectively.

Cost Effectiveness
The California Energy Commission (CEC) requires any local amendments to the Energy Code that affect energy use in regulated buildings to be cost effective and to use less energy than the standard requirements. In support of reach code development, the California Energy Codes and Standards Statewide Utility Program, which includes the State's Investor- Owned Utilities (PG&E, SDG&E, and SCE, under the auspices of the California Public Utilities Commission) developed and published the following studies:

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 2022 Cost-Effectiveness Study: Single Family New Construction Study;  2022 Cost-Effectiveness Study: Multifamily New Construction Study; and  2022 Cost-Effectiveness Study: Non-residential New Construction Reach Code Cost-effectiveness Study.

These studies are highly detailed and support the findings required for CEC approval. The studies include a calculated benefit-to-cost ratio for a wide variety of measures, building types, and climate zones. A benefit-cost value of “1” or greater illustrates that the measures save more than they cost and are therefore “cost effective.” These studies are the basis for staff’s cost effectiveness findings and are sufficient to illustrate compliance with the requirements set forth under California Administrative Regulations, Building Energy Efficiency Standards, Section 10-106.

Discussion
The City of San Mateo is known for being a leader in sustainability and for implementing strong reach codes to encourage sustainable construction. With the City’s all-electric new construction reach code currently suspended due to the federal court decision, this presented an opportunity for the City Council to evaluate a replacement reach code. The City has had experience adopting local amendments in the middle of a code cycle; however, it is important to acknowledge that a new reach code would require significant administrative work for a short-lived implementation time with the 2022 Code Cycle ending on December 31, 2025.

New construction accounts for a small number of projects in San Mateo but new construction is a priority since it is the most cost-effective time to encourage sustainable design. Staff tracked the following number permits issued for all-electric new construction projects as a result of the City’s previous reach codes:

Single Family
Homes Duplex ADU Multifamily Non-residential
2023 12 2 39 0 0
2022 4 1 25 0 1 (5-story office building)
2021 1 4 23 1 (Kiku Crossing: 225 units) 0
2020 0 0 6 1 (Waters Park: 190 units) 0
Absent the City’s all-electric requirement, it is difficult to estimate how many buildings would be constructed with natural gas in 2024 and 2025. It is important to note that at the end of every code cycle, there tends to be an uptick of building permit applications so that applicants can lock in the current building code requirements. Thus, there might be a flurry of building permit applications next year in 2025.

For larger multifamily and non-residential development projects that have approved Planning Applications but do not yet have a building permit, according to applicants these projects are still planning to be built all-electric regardless of a reach code requirement. These projects require multiple years for design. It is much more difficult to understand trends for single-family and duplexes as these smaller projects are determined by each property owner.

Staff hosted a Developers Roundtable on September 26, 2024 via Zoom to get feedback on the Energy Performance Reach Code approach. There were six attendees including five developers and one real estate agent. The top concern brought up by attendees was related to the electric-readiness requirements of the reach code because of the added construction costs. One developer was concerned about the reliability of electric-powered space conditioning for buildings with life sciences/laboratories. Another developer said their building already plans to be all-electric, except for potential gas use in their retail space for a commercial kitchen which would be subject to the new electric-readiness requirements if adopted.

At the end of the event, staff launched a Zoom poll to understand attendees’ support of the Energy Performance Reach Code, two answered unlikely to support, two answered neutral and two did not respond to the poll.

Defer Reach Codes until 2025 Code Cycle
The State of California updates the California Building Standards Code every three years, and the 2022 Code Cycle will end on December 31, 2025. The City can opt to defer exploration, adoption and implementation of new reach codes until the

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2025 Code Cycle (January 1, 2026 – December 31, 2028). In Spring 2025, staff plans to begin analysis and stakeholder engagement on 2025 Code Cycle reach codes for new construction and existing buildings. One advantage of deferring discussion of reach codes to the 2025 Code Cycle is to maximize the amount of time a reach code is in place for ease of implementation. Deferring to the 2025 Code Cycle would also reduce the administrative work associated with reach code adoption, such as drafting and adopting the ordinance and filing the ordinance with the CEC and Building Standards Commission (BSC). Typically, staff aims for reach code ordinance adoption concurrent with the updated Building Code adoption which would occur Fall 2025. Thus, robust reach code analysis and engagement is a priority for Spring and Summer 2025.

Staff is currently monitoring potential reach code opportunities for the 2025 Code Cycle. Every triennial code cycle, the California Green Building Code (CalGreen) contains voluntary measures, essentially reach codes, that jurisdictions can adopt. The 2025 CalGreen draft language has a proposed voluntary measure that would require a new or replaced air conditioning system to be a heat pump system as a primary path. An alternate path to compliance is the installation of an air conditioner that is installed along with six other efficiency measures including duct insulation, air sealing, and ceiling insulation.

Next Steps
Staff seeks feedback on the Energy Performance Reach Code approach for new construction. Additionally, staff seeks direction on whether to bring the Energy Performance Reach Code ordinance to a future City Council meeting to replace the City’s currently suspended new construction all-electric reach code for the 2022 Code Cycle, or to defer reach code exploration and adoption until next year for the 2025 Code Cycle. If the City Council directs staff to bring the Energy Performance Reach Code ordinance for adoption for the 2022 Code Cycle, staff would work swiftly to bring an ordinance to the City Council for consideration as soon as possible. If the City Council opts to defer until the 2025 Code Cycle, staff would begin reach code exploration and engagement in Spring 2025.

In alignment with the City’s Climate Action Plan, staff already plans to explore reach codes for building electrification, electric vehicle readiness, and more for the 2025 Code Cycle. Additionally, staff looks forward to reengaging the City’s consultant Rincon to finish the City’s Sustainable Buildings Strategy.

BUDGET IMPACT:

There is no budget impact.

ENVIRONMENTAL DETERMINATION:

This informational report 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).) In addition, the adoption of the reach code amendments is categorically exempt from CEQA review because it consists of an action, as authorized by state or local ordinance, intended to reduce greenhouse gas emissions for the protection of the environment and the regulatory process involves procedures for protection of the environment. (CEQA Guidelines Section 15308.)

NOTICE PROVIDED
All meeting noticing requirements were met. Staff maintains a list of developers active in San Mateo. Staff notified developers of the September 26th San Mateo Reach Code Developers Roundtable and of this City Council meeting via email.

ATTACHMENTS
None

STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007

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San Mateo City CouncilOctober 7, 2024

San Mateo City Council
October 7, 2024