Agenda packet, regular meeting, second session — San Mateo City Council, November 18, 2024

CITY OF SAN MATEO
City Council Regular Meeting
November 18, 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
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PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY.

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

To join via Zoom – click here: November 18, 2024
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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. “I Voted” Sticker Design Competition Winners – Recognition

2. Mayor’s Quarterly Hero Award – Recognition

3. Small Business Saturday – Proclamation

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

4. Gardening Waste — Ordinance Adoption
Adopt an Ordinance prohibiting gardening waste from being deposited into the public right of way.

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

5. Edward Byrne 2024 Justice Assistance Grant Program — Application Adopt a Resolution to approve the submittal of an application to the United States Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant Program for the 2024 local 1 of 585
solicitation in the amount of $18,837; and if awarded, appropriate funds to the Police Grants Budget Program and authorize the Chief of Police to execute all required documents.

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

6. Police Department Patrol Vehicle — Purchase Contract Adopt a Resolution to approve an alternative purchasing procedure and approve a contract with Nicholas K Corporation DBA the Ford Store San Leandro for the purchase of seven (7) new 2025 Ford Police Interceptor Utility vehicles, for a total purchase amount of $413,061.18; establish a contingency reserve in the amount of $45,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

CEQA: Approval of this purchase is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the purchase of Police Department patrol vehicles will have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

7. Wastewater Treatment Plant Transfer Pump Project — Agreement Approve an agreement with HDR Engineering, Inc. for professional design services for the Wastewater Treatment Plant Transfer Pump Project in the amount of $19,665; establish a contingency reserve of $2,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve any amendments within the contingency amount.

CEQA: The proposed action is exempt from environmental review under the California Environmental Quality Act (CEQA), since entering on-call professional services agreements is an organizational or administrative activity that will not result in direct or indirect significant physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

8. Art in Public Places Annual Report, Renewal of Civic Arts Committee, and Reappointment of Committee Members – Approval
Approve the Art in Public Places Annual Reports for 2023 and 2024; renew the Civic Arts Committee for two years; and reappoint the current Civic Arts Committee members.

CEQA: The approval of the report, renewal of the committee, or reappointment of committee members are not projects pursuant to the California Environmental Quality Act (CEQA), because they are organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

9. Public Safety Data Sharing — Memorandum of Understanding Approve the Memorandum of Understanding with San Mateo County law enforcement agencies to provide a standardized approach and method of collection and sharing information within their electronic data systems; and authorize Chief of Police to execute the agreement in substantially the form presented.

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

10. 1900 O’Farrell Street Office Space Lease — Amendment Approve the third amendment to the office lease agreement with Woodstock Development, Inc. for office space in Suites 320 and 325 at 1900 O’Farrell Street, extending the term for an additional five years with two optional five-year extensions at a base rent amount of $1,938,237.96 for the initial five-year term; and authorize the City 2 of 585
Manager to execute the amendment in substantially the form presented.

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

11. Permanent Local Housing Allocation (PLHA) Grant Program — Budget Allocation Adopt a Resolution to appropriate $293,103 of Permanent Local Housing Allocation (PLHA) grant program funds into the fiscal year 2024-2025 operating budget.

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

12. Professional Labor Relation Service — Agreement
Approve a three-year agreement with IEDA for professional labor relation services in the amount of $92,466 in year one, $96,624 in year two and $100,269 in year three for a cumulative total amount of $289,359.00.

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

13. Parking Enforcement Services - Amendment
Adopt a Resolution to appropriate $55,000 to the Police Department’s 2024-25 operating budget; Approve Amendment No. 2 to the agreement with LAZ Parking for Citywide parking enforcement services in the amount of $1,464,506 for a new agreement total of an amount not to exceed $6,271,726; and authorize the Chief of Police to execute the amendment in substantially the form presented.

14. Contracts with Contingency Component – Update
Receive a report on contingency fund expenditures for City contracts for the period from August 1, 2017, through June 30, 2024.

CEQA: This informational update is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
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15. SB 1383 Recovered Organics Waste Procurement Services — Agreements and Amendment Approve agreements with the Resource Conservation Districts of Monterey and Santa Cruz Counties for SB 1383 recovered organics procurement services, each for one year at $100,000, with three optional one-year extensions totaling up to $400,000 per agreement. Approve Amendment No. 1 to the agreement with the Tuolumne County Resource Conservation District, increasing the total amount to $103,600, with three optional one-year extensions totaling up to $403,600. Authorize the City Manager to execute the agreements and amendment in substantially the form presented.

CEQA: Approving agreements with the Resource Conservation Districts of Monterey and Santa Cruz Counties, and an amendment to the City’s agreement with the Tuolumne County Resource Conservation District to assist the City in procuring SB 1383 compliant compost to meet the City’s annual compost procurement target is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

16. Wastewater Treatment Plant Biogas and Biosolids Evaluation — Agreement Award a professional consulting services agreement with Brown and Caldwell for the Wastewater Treatment Plant Biogas and Biosolids Evaluation in an amount not to exceed $1,249,180; establish a contingency reserve of $426,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and execute any necessary amendments within the contingency amount.

CEQA: This Project is categorically exempt from CEQA review as an “existing facility,” in that 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.)

17. Public Works EV Street Sweeper — Purchase
Adopt a Resolution to approve an alternative purchasing procedure and approve a purchase contract with Terry Equipment, Inc. for the purchase of one new EV Street Sweeper in the amount of $884,403.88; establish a contingency reserve in the amount of $50,000; and authorize the Public Works Director to execute the purchase contract in substantially the form presented.

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

18. Transportation Fund for Clean Air Grant — Grant Acceptance and Budget Appropriation Adopt a Resolution to accept and appropriate City/County Association of Governments of San Mateo County’s Transportation Fund for Clean Air (TFCA) Grant funding in the amount of $254,293.33 to the San Mateo EV Street Sweeper Replacement Project; approve the 2024-2025 TFCA Funding Agreement with the City/County Association of Governments; and authorize the City Manager to execute all required grant documents in substantially the form presented.

CEQA: The acceptance of grant funds, and appropriation of the grant funds to the Solid Waste Fund is not a project subject to CEQA, because it consists of a government fiscal activity that 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. 4 of 585
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

19. Wireless Communication Facilities in the Public Right of Way Update - Ordinance Introduction and Policy Approval
Introduce an Ordinance to amend San Mateo Municipal Code (SMMC) Chapter 17.10 "Wireless Communications Facilities in the Public Right-Of-Way;" and adopt a Resolution approving a City Council Policy establishing procedural and substantive rules for small wireless facilities in the public right-of-way.

CEQA: This Ordinance introduction and City Policy adoption by Resolution 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, small cell facilities are categorically exempt from CEQA as they ether are (1) minor alterations of existing facilities, (2) replacements of existing structures where the new structure will be located in the same site and have substantially the same purpose, or (3) construction and location of new small facilities or structures. (CEQA Guidelines Section 15301, 15302, 15303).

20. Senior Advisory Commission – Ordinance Introduction Introduce an Ordinance to amend San Mateo Municipal Code Chapter 2.29 “Senior Citizens Commission” to change its name to “Senior Advisory Commission” and make other miscellaneous revisions.

CEQA: This Ordinance introduction 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).)

21. Wet Weather Preparations - Update
Receive an update on the City’s wet weather preparations and storm response activities.

CEQA: This informational update to City Council relating to the City’s wet weather preparations and storm response activities 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).)

NEW BUSINESS

22. City Manager, City Attorney, Department Head and Deputy Director Compensation Plan - Amendment Adopt a Resolution to amend the Compensation Plan to: 1) increase salary ranges for City Attorney, City Manager, Department Heads, and Deputy Directors 2) increase executive leave to 80 hours for Department Heads and 3) adjust the deferred compensation and retirement health savings account (RHSA) language for the City Manager, City Attorney, Department Heads and Deputy Directors.

CEQA: This plan 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).)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.
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ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS: Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

WATCHING A MEETING ON TV: City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

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

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

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

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

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

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

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected] . Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 6 of 585

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: 24-9316 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: November 18, 2024
SUBJECT:

Gardening Waste — Ordinance Adoption
RECOMMENDATION:

Adopt an Ordinance prohibiting gardening waste from being deposited into the public right of way.

BACKGROUND:

On November 4, 2024, the City Council introduced an Ordinance to amend San Mateo Municipal Code Chapter 7.32 "Garbage" to address gardening waste deposited in the public right of way. The proposed Ordinance is attached. If adopted, the Ordinance will become effective 30 days after its adoption.

BUDGET IMPACT:

There is no budgetary impact associated with this ordinance adoption.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Ordinance
Att 2 - Public Comment

STAFF CONTACT
Chantal Eaton, Deputy City Clerk
[email protected]
(650) 522-7044
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CITY OF SAN MATEO

PROPOSED ORDINANCE
Amending San Mateo Municipal Code Chapter 7.32, Garbage, to Address Gardening Waste Deposited in the Public Right of Way
WHEREAS, one of the stated priorities of the City Council is to adopt an ordinance addressing gardening waste to as to prevent home and business flooding because of clogged storm drains or sewerage facilities; and WHEREAS, the purpose of this ordinance is to ensure that leaves, grass, and plant clippings are not deposited onto the street.

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

Section 1. Section 7.32.070 of the San Mateo Municipal Code is added to Chapter 7.32 as follows:

7.32.070 Gardening Waste
No one shall blow, rake or cause gardening waste to be deposited into the streets of the City without being immediately removed. For purposes of this section, “gardening waste” shall mean leaves, grass clippings, weeds, plants, tree trunks, branches, wood shavings, dirt, and other vegetative or organic material produced from the care and maintenance of landscaped areas, gardens, and lawns. Provided, however, that this section shall not prohibit the storage of gardening waste in authorized receptacles for collection.

Section 2. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15061(b)(3), this action is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 3. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 4. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 5. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

Place attachments here
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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: 20-5150 File ID: 24-9137 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: November 18, 2024
SUBJECT:

Edward Byrne 2024 Justice Assistance Grant Program — Application RECOMMENDATION:

Adopt a Resolution to approve the submittal of an application to the United States Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant Program for the 2024 local solicitation in the amount of $18,837; and if awarded, appropriate funds to the Police Grants Budget Program and authorize the Chief of Police to execute all required documents.

BACKGROUND:

The Edward Byrne Memorial Justice Assistance Grant (JAG) program provides federal criminal justice funding to state and local jurisdictions to support a range of law enforcement programs. Applicants are limited to units of local government appearing on the 2024 JAG Allocations List. The procedure for allocating JAG funds is a formula based on population and crime statistics in combination with a minimum allocation to ensure each state receives an appropriate share. Sixty percent of funding is allocated to the states, and forty percent is allocated to local recipients. The City of San Mateo’s 2024 allocation is $18,837.

JAG has several primary purpose areas: law enforcement; prosecution and court; prevention and education; corrections and community corrections; drug treatment; planning, evaluation, and technology improvement; and crime victim and witness protection. Within these purpose areas, funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation, data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems.

The Police Department has proposed utilizing the funds to purchase software in support of the creation of a Real Time Information Center. The desired software will integrate all incoming data streams such as automated license plate readers, body worn cameras, fleet cameras, etc.; map it in a single location on a secure web-based mapping portal; and disseminate the information out to officers in real time. Use of the grant funds for this purpose is consistent with departmental efforts and strategic initiatives related to leveraging technology to increase safety.

BUDGET IMPACT:

If the JAG grant is awarded, Council approval is requested to appropriate $18,837 into the Police Grant (Fund 200) budget.

The JAG grant requires no matching funds and will result in no impact to the General Fund.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.) 13 of 585

CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Tricia Toomey, Business Manager
[email protected]
(650) 522-7623
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FOR FISCAL YEAR 2024 LOCAL SOLICITATION

TO PURCHASE SOFTWARE TO SUPPORT A REAL TIME INFORMATION CENTER WHEREAS, the US Department of Justice (DOJ), Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides funding to state and local government to support projects that improve or enhance law enforcement programs; and WHEREAS, the City of San Mateo is eligible to receive an allocation of $18,837 from the JAG program for 2024; and
WHEREAS, the San Mateo Police Department has proposed to use its 2024 allocation to purchase software in support of the creation of a Real Time Information Center; and WHEREAS, the grant application has been made available to the City Council and to the public for a period of 30 days preceding this meeting.

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

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

2. The Chief of Police or his designee, on behalf of the City of San Mateo, is authorized to submit an application for the Edward Byrne Memorial Justice Assistance Grant Program to the United States Department of Justice, Bureau of Justice Assistance, for $18,837 to purchase software in support of a Real Time Information Center - O-BJA-2024-172239.

3. The Chief of Police or his designee is authorized to accept and execute in the name of the City of San Mateo, the application and any documents required by the United States Department of Justice, Bureau of Justice Assistance, for the JAG program related to the acceptance of the grant funds.

4. The City Council authorizes, if said grant is awarded, an appropriation of $18,837 to the Police Grants fund.
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 82-4683 File ID: 24-9218 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:

Police Department Patrol Vehicle — Purchase Contract
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve a contract with Nicholas K Corporation DBA the Ford Store San Leandro for the purchase of seven (7) new 2025 Ford Police Interceptor Utility vehicles, for a total purchase amount of $413,061.18; establish a contingency reserve in the amount of $45,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

Replacement of police vehicles is imperative to provide service to the community and safe transportation during the execution of police duties. The vehicle standard for most law enforcement is the Ford Police Interceptor Utility. San Mateo Police Department has requested the replacement of seven (7) police patrol vehicles that have exceeded their useful life.

These police patrol vehicles are the frontline vehicles utilized for police emergency response, and as such, these units are the most heavily utilized and relied upon vehicles in the Police Department’s fleet.

As part of the transition to a Green Fleet, staff continually research electrical options during the procurement process and aim to replace vehicles with alternative fueled vehicles when available and when it meets the needs of the department.

Currently there are no suitable, fully electric patrol package vehicles developed by Ford, Chevy, or Dodge. A suitable Explorer equivalent option is anticipated to be available in a couple of years. The Police Department has deployed several EV units for non-emergency service and is working towards EV infrastructure improvements to support additional electric vehicle deployments in the future. Staff has chosen the Ford EcoBoost engine as it has proven to provide the reliability, fuel efficiency, and performance required for the demands of police emergency response. The Ford Hybrid engine platform was not selected due to significant delivery delays. The chosen EcoBoost platform offers competitive fuel economy, emissions reduction, and reliability, along with the necessary performance to properly equip our police patrol for emergency response operations.

The timely replacement of vehicles is critical to the operations of the Police Department. With the lack of electric vehicle options that meet the requirements for our police fleet, the recommendation is to purchase the Ford Interceptor EcoBoost models now as they are available for production. It is important to note that electric vehicle options will continue to be evaluated, and the market availability of new models will increase in the next couple of years. The options right now, however, are limited to one manufacturer and in the testing phase. Also, the City’s Police Department currently operates Ford Interceptor EcoBoost models and are satisfied with the performance and reliability.

Staff utilized follow-on negotiated pricing through Alameda County’s contract with The San Leandro Ford Store for the purchase of these vehicles. Alameda County has leveraged their large purchase volume to receive triple net pricing on new 16 of 585

CITY OF SAN MATEO
Ford products purchased through the San Leandro Ford Store. Following on Alameda County’s contract provides the City a significant cost savings of triple net pricing through the San Leandro Ford Store.

San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City. Here, the purchase of seven (7) new 2023 Ford Police Interceptor vehicles from San Leandro Ford Store is in the best interest of the City because the 2025 Ford Police Interceptor vehicle is the recommended replacement for existing police patrol vehicles and relying on Alameda County’s pre-negotiated contract ensures a competitive price for the vehicles as it allows the City to leverage agency buying power and realize a significant cost savings for the purchase of new Ford vehicles.

Based on the above, staff recommends the purchase of seven (7) 2025 Ford Police Interceptor Utility vehicles from the Ford Store San Leandro for a total purchase amount of $413,061.18. A contingency reserve is being requested to address any price fluctuations from market instability that may occur between the time the original quote was submitted to the time the contract is executed. Recent findings have determined this may result in a 10 percent to 20 percent fluctuation.

BUDGET IMPACT:

Sufficient funding is available in the Vehicle and Equipment Replacement Fund (Fund 810) for the replacement of these vehicles.

ENVIRONMENTAL DETERMINATION:

Approval of this purchase is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the purchase of Police Department patrol vehicles will have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Purchase Contract

STAFF CONTACT
Daniel Heffelfinger, Fleet Services Supervisor
[email protected]
650-522-7366
Stephen Wu, Acting Facilities and Fleet Service Manager [email protected]
650-522-7345
Deryk Daquigan, Deputy Public Works Director
[email protected]
650-522-7287
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR THE PURCHASE OF SEVEN (7) 2025 FORD POLICE

INTERCEPTOR UTILITY VEHICLES WITH NICHOLAS K CORPORATION DBA THE FORD STORE SAN LEANDRO IN THE AMOUNT OF $413,061.18
WHEREAS, replacement of police vehicles is imperative to provide service to the community and safe transportation during the execution of police duties; and WHEREAS, the vehicle standard for most law enforcement is the Ford Police Interceptor Utility; and WHEREAS, the San Mateo Police Department has requested the replacement of seven (7) police patrol cars that have exceeded their useful life; and
WHEREAS, the City Council is being asked to award a contract for the purchase of seven (7) new 2025 Ford Police Interceptor Utility vehicles; and
WHEREAS, the City has identified Nicholas K Corporation DBA the Ford Store San Leandro (Ford Store San Leandro) has an available supply of 2025 Ford Police Interceptor Utility vehicles; and WHEREAS, the County of Alameda has negotiated terms with the Ford Store San Leandro for the supply of 2025 Ford Police Interceptor Utility vehicles, which the City may rely on; and WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City; and WHEREAS, based on these circumstances, staff recommends approval of the purchase of seven (7) new 2025 Ford Police Interceptor Utility vehicles from The Ford Store San Leandro, because it is in the best interest of the City.

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

1. The purchase of seven (7) new 2025 Ford Police Interceptor Utility vehicles is not a project subject to CEQA because it can be seen with certainty that there is no possibility that the purchase of Police Department patrol vehicles will have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

2. In accordance with Municipal Code Section 3.60.070(h)(3), the purchase of for the purchase of seven (7) new 2025 Ford Police Interceptor Utility vehicles based on pricing from the County of Alameda’s contract with The Ford Store San Leandro is in the City’s best interest for these reasons:
a. The Ford Explorer Police Utility is the vehicle standard for most law enforcement agencies; b. The 2025 Ford Police Interceptor Utility vehicle is the desired vehicle replacement for the San Mateo Police Department; and
c. Reliance on the County of Alameda’s contract with The Ford Store San Leandro offers a competitive price and significant cost savings for the City.

3. The purchase seven (7) new 2025 Ford Police Interceptor Utility vehicles for a total contract of $413,061.18, with a contingency reserve in the amount of $45,000, is approved. 18 of 585

4. The Public Works Director is authorized to issue change orders within the contingency amount and execute the purchase contract in substantially the form presented. 19 of 585
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PURCHASE CONTRACT
FOR PURCHASE OF SEVEN (7) POLICE PATROL CARS

FROM NICHOLAS K CORPORATION DBA THE FORD STORE SAN LEANDRO This Purchase Contract (“Contract”), made and entered into this day of ___________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Nicholas K Corporation DBA The Ford Store San Leandro, a Corporation (“VENDOR”).

RECITALS:

A. CITY desires to purchase certain Police Patrol Cars hereinafter described.

B. CITY desires to engage VENDOR to provide these Police Patrol Cars by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - PURCHASE
The goods to be purchased from VENDOR under this Contract are described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation.

This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.

Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.

SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract.

All shipments shall be F.O. B. City of San Mateo Corporation Yard 1961 Pacific Blvd. San Mateo Ca. 94403. Transportation charges shall be shown as a separate item on the invoice.

The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at VENDOR’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance. VENDOR shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.

SECTION 6 - WARRANTIES
In addition to any other expressed or implied warranties and unless otherwise agreed in writing, VENDOR warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude VENDOR’s standard warranties or other rights or warranties which the CITY may have or obtain.

SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims. The VENDOR’S duty to indemnify shall survive expiration or early termination of this Agreement.
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SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

SECTION 9 - REMEDIES
In the event of VENDOR’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to the City by law: (a) require Vendor to repair or replace such goods, and upon VENDOR’s failure or refusal to do so, repair or replace the same at VENDOR’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at VENDOR’s option, said return to be made at VENDOR’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by VENDOR as VENDOR’s repudiation of this contract. In the event of the CITY’s breach hereunder, VENDOR’s exclusive remedy shall be VENDOR’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.

SECTION 10 - COMPLIANCE WITH LAW
VENDOR warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract. VENDOR shall obtain and maintain throughout the life of the Contract all permits or licenses required in connection with the manufacture, sale, and shipment of the products ordered under this Contract.

SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
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SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.

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

SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. 23 of 585
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SECTION 18 - MEDIATION
Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

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

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

To CITY: Daniel Heffelfinger,
Fleet Services Supervisor
City of San Mateo
1961 Pacific Blvd.

San Mateo Ca. 94403
To VENDOR: Nicholas K Corporation DBA The Ford
Store San Leandro
Attn: Ming Yeung
1111 Marina Blvd.

San Leandro Ca. 94577
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SECTION 21 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and VENDOR. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and Nicholas K Corporation DBA The Ford Store San Leandro have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Matt Fabry
Public Works Director
Date Ming Yeung
Commercial Account Manager
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
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EXHIBIT A
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CITY OF SAN MATEO

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: 72-4671 File ID: 24-9193 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:

Wastewater Treatment Plant Transfer Pump Project — Agreement RECOMMENDATION:

Approve an agreement with HDR Engineering, Inc. for professional design services for the Wastewater Treatment Plant Transfer Pump Project in the amount of $19,665; establish a contingency reserve of $2,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve any amendments within the contingency amount.

BACKGROUND:

The City is currently under a Regional Water Quality Control Board Cease and Desist Order requiring improvements to its sewer collection system and Wastewater Treatment Plant (WWTP) to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay. The Clean Water Program (CWP) includes several capital improvements that are currently under construction and intended to comply with the Cease and Desist Order.

As part of the CWP, the City has identified capital improvements needed to maintain and/or improve WWTP reliability, performance, and safety (Projects). The City has executed a number of on-call professional services agreements to support the Projects as well as maintenance and improvement projects implemented through the WWTP’s Operations and Maintenance groups. On-call professional services include, but are not limited to, alternatives analyses and engineering studies, design services, bid period services, engineering services during construction, and operational support.

In September 2017, HDR Engineering, Inc. (HDR) was awarded a $300,000 on-call agreement to provide the above services for designing rehabilitations of the existing WWTP. In October 2019, City Council approved an amendment to extend the agreement an additional two years through December 2021. In November 2021, City Council approved a second amendment to extend the agreement an additional two years through December 2023.

As part of HDR’s agreement, HDR designed the WWTP Transfer Pump Project. In August 2023, at the conclusion of the first construction contract bidding process for the Transfer Pump Project, the City opted to reject bids due to a single high bidder. HDR revised the contract documents, and the project was readvertised to obtain construction bids for a second time, which resulted in Council awarding the construction contract in November 2023. The additional cost for HDR to repackage the contract documents was inadvertently not paid prior to HDR’s on-call agreement expiring in December 2023.

Since HDR’s on-call agreement expired at the end of 2023, for HDR to provide engineering services during construction for the remainder of the construction period (estimated to be completed in March 2025), a new agreement, specifically for the Transfer Pump Project, is required. In addition, HDR needs to be compensated for their services for re-packaging the bid documents. Staff negotiated a $19,665 fee for HDR’s re-packaging services and to provide engineering services during 28 of 585

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construction for the duration of the construction contract. In addition, staff is recommending establishing a contingency reserve of $2,000 to address any unforeseen efforts that may be required of HDR throughout construction.

BUDGET IMPACT:

There are sufficient funds available in the CWP WWTP Annual Major Components (46t090) project budget for this agreement and requested contingency.

ENVIRONMENTAL DETERMINATION:

The proposed action is exempt from environmental review under the California Environmental Quality Act (CEQA), since entering on-call professional services agreements is an organizational or administrative activity that will not result in direct or indirect significant physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) In addition, on June 6, 2016, the City Council certified a Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 2015032006), which serves as the primary environmental compliance document for implementation of the Clean Water Program. On July 16, 2018, the City approved Addendum 1 to the Final PEIR, and on April 15, 2019, approved Addendum 2. Any resultant capital improvement or operations and maintenance-related projects resulting from the on-call professional consulting services shall be reviewed on an individual basis or evaluated for consistency with the PEIR and Addenda

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Thomas Ruark, Senior Project Manager
[email protected]
650-522-7280
Deryk Daquigan, Deputy Public Works Director
[email protected]
(650)522-7287
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AGREEMENT WITH HDR ENGINEERING, INC.

FOR PROFESSIONAL DESIGN SERVICES

FOR TRANSER PUMP PROJECT
This agreement, made and entered into this day of _______, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", and HDR ENGINEERING, INC., a Nebraska corporation, hereinafter referred to as "CONSULTANT":

RECITALS:

A. CITY desires certain design professional services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF PROJECT
The scope of services to be performed by CONSULTANT under this Agreement is described in Exhibit A, Scope of Services, attached and incorporated by reference.

SECTION 2 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

SECTION 3 - PROJECT COORDINATION/STAFFING

3.1 CITY
MATTHEW FABRY, PUBLIC WORKS DIRECTOR, will be the representative of CITY for all purposes under this Agreement. THOMAS RUARK is hereby designated as the PROJECT MANAGER and shall supervise the day to day progress and execution of this Agreement.

3.2 CONSULTANT
CONSULTANT's services are unique and personal. CONSULTANT shall not assign or transfer its interest or obligation under this Agreement without the CITY's written consent. CONSULTANT shall not subcontract its duties under this Agreement without the CITY's written consent. 30 of 585
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CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. MALIKA RAMANATHAN is hereby designated as the PROJECT DIRECTOR for CONSULTANT.

CONSULTANT shall assign a PROJECT COORDINATOR to represent CONSULTANT during the day-to-day work on the Project. JILLIAN DRESSLER is hereby designated as the PROJECT COORDINATOR for CONSULTANT.

CONSULTANT shall assign additional key personnel as follows:

Project Manager-Ted Kontonickas
Electrical Engineer-Robb McComb
Mechanical Engineer-Lock Kwan
Maika Winkler-Project Coordinator
In addition, CONSULTANT is specifically authorized to subcontract with the following subconsulting firms to assist in providing the services required by this Agreement:
__Not Applicable_____________
___________________________
___________________________
CONSULTANT shall be responsible for employing or engaging all sub-consultants necessary for performance of the CONSULTANT’s scope of work. CONSULTANT shall manage, evaluate, and incorporate subconsultants work into the project as necessary.

All work on this project shall be accomplished by the above named CONSULTANT's personnel and subconsultants. CONSULTANT shall not substitute personnel or subconsultants without the CITY's written consent.

SECTION 5 - DUTIES OF CONSULTANT
CONSULTANT's services shall be furnished as described below and as more particularly described in Exhibit A, Scope of Services. Any changes in the Scope of Services must be approved in advance, in writing, by the Public Works Director.

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all studies, reports, designs, drawings, specifications, and other items furnished by CONSULTANT under this 31 of 585
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Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its studies, reports, designs, drawings, specifications, and other items.

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

All documents, drawings and specifications relating the project prepared by CONSULTANT or CONSULTANT’s approved sub-consultants shall be approved, signed, and sealed by professional engineers duly registered in the State of California for each required discipline. The Contract Documents prepared by CONSULTANT shall provide for a completed project that conforms to all applicable national, state and local construction codes and ordinances, building, fire, electrical, plumbing and occupancy codes and standards.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are deemed to be the agents of CONSULTANT, and CONSULTANT agrees to be responsible for their performance. CONSULTANT shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on demand of CITY.

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

CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirement and intentions of this Agreement.

SECTION 6 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine all documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 7 - TERM, PROGRESS AND COMPLETION
The services to be performed under this Agreement shall commence and be completed as set forth in Exhibit B, Project Schedule.

It is understood and agreed that time is of the essence of this Agreement. CONSULTANT agrees to perform the services within the time limits set forth in Exhibit B.

CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT's timetable. 32 of 585
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SECTION 8 - PAYMENT
Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $19,665. Requests for payments shall be itemized and correspond to the various items of work described in Exhibit A and shall be based on the rate and cost schedule set forth in Exhibit C.

Payment for extra work or changes in the work will not be made unless for work authorized in advance in writing by the PUBLIC WORKS DIRECTOR. Prior to commencing such extra work or changes, CONSULTANT and CITY shall agree upon an estimated not to exceed cost for such extra work. In no event shall CONSULTANT be paid for additional work that is necessary because of CONSULTANT's errors or oversights.

CONSULTANT shall maintain complete and accurate records as to the number of hours worked by persons and the direct costs incurred during each phase under this Agreement. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible.

CONSULTANT shall provide free access to such books and records to the CITY at all times, shall permit the CITY to examine and audit those books and records, shall permit the CITY to make copies of those books and records, and shall permit the CITY to inspect all work data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. All accounting records shall provide an understandable breakdown of costs charged to this Agreement. All records encompassed by this subparagraph, as well as supporting documentation, shall be kept separate from other CONSULTANT documents and records and shall be maintained by CONSULTANT for three (3) years after CONSULTANT's receipt of final payment under this Agreement.

CONSULTANT shall bill the CITY within thirty (30) days for all compensable activity on the project.

SECTION 9 - CHANGES IN WORK
CITY may order changes in scope or character of work, either decreasing or increasing the amount of CONSULTANT's services by amending this Agreement. In the event that such changes are ordered, CONSULTANT shall be entitled to full compensation for all work performed prior to receipt of notice of change. In no event shall CITY be liable for payment unless the amount of such extra compensation shall first have been agreed to in writing by CITY.

In the event that changes are ordered pursuant to this section, the schedule for progress and completion in Section 7 of this Agreement and compensation in Section 8 of this Agreement shall be adjusted by negotiation between CONSULTANT and CITY, subject to approval, if necessary by the San Mateo City Council. 33 of 585
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SECTION 10 - CONFLICT OF INTEREST
CONSULTANT understands that its professional responsibility is solely to CITY. CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

CONSULTANT shall not knowingly, and shall take reasonable steps to ensure that, it does not employ a person having such an interest in the performance of this Agreement. If after employment of a person, CONSULTANT discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, CONSULTANT shall promptly sever the employment relationship.

SECTION 11 - TERMINATION
A. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY may, by ten days written notice to CONSULTANT, terminate this Agreement in whole or in part at any time, either for CITY'S convenience or because of the failure of CONSULTANT to fulfill its agreement obligations. Upon receipt and within ten days of such notice CONSULTANT shall:

1. Immediately discontinue all services affected (unless the notice directs otherwise); and

2. Deliver to CITY all data, documents, reports, estimates, summaries and such other information and materials as may have been accumulated by CONSULTANT in performing this Agreement, whether completed or in progress.

B. If the termination is for the convenience of CITY, CONSULTANT shall be compensated for all authorized work performed prior to notification of termination but no amount shall be allowed for anticipated profit on unperformed services.

D. CONSULTANT may terminate this Agreement or suspend work on the project upon sixty (60) days written notice to CITY, but only in the event of substantial failure of performance by CITY or in the event CITY abandons or indefinitely postpones the Project.

E. Upon termination of this Agreement or suspension of work on the project by either CITY or CONSULTANT, all duties of CITY and CONSULTANT as set forth in Sections 5 and 6 herein above shall terminate. 34 of 585
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SECTION 12 - STATUS OF REPORTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of the CITY, whether the project for which they are made is executed or not. All documents furnished to CONSULTANT by the CITY and all reports and supportive data prepared by the CONSULTANT in connection with the performance of this Agreement are the CITY's property and shall be delivered to the CITY upon the completion of CONSULTANT's services or at the CITY's written request. All reports, information, data, and exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement are confidential until released by the CITY to the public, and the CONSULTANT shall not make any of these documents or information available to any individual or organization not employed by the CONSULTANT or the CITY without the written consent of the CITY before any such release.

SECTION 13 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit D to this Agreement.

SECTION 15 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents against any such claims.

SECTION 16 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. 35 of 585
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SECTION 17 - COSTS AND ATTORNEYS FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney’s fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed upon service. The mediator shall be selected by a blind draw.

SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Matthew Fabry, Public Works Director
City of San Mateo
330 West 20th Avenue
San Mateo, California 94403
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To CONSULTANT: HDR Engineering, Inc.

Attn: Holly Kennedy, Vice President
3003 Oak Road, Suite 500
Walnut Creek, CA 94597
SECTION 22 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENTS This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 24 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 25 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.

SECTION 26 - VENUE
In the event of litigation, venue will be in the County of San Mateo. [SIGNATURES PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and HDR ENGINEERING, INC. has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO HDR ENGINEERING, INC.

Matthew Fabry
Public Works Director
Date Holly Kennedy
Its Authorized Agent
Vice President
If a Corporation, can be either
1) President or 2) Vice
President plus an additional
corporate officer (i.e.,
Secretary, Treasurer) who shall
sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date Date
Attachments:

Exhibit A: Scope of Work
Exhibit B: Project Schedule
Exhibit C: Cost Schedule
Exhibit D: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
Scope of services is as follows
• Project management and Engineering Service to prepare bid documents for rebidding the project
• Project management and Project Engineer services to address Requests for information, review submittals and address issues that may arise during construction. • Attend construction status meetings as needed.
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EXHIBIT B

PROJECT SCHEDULE
The project duration is assumed to be from October 2024 to March 2025. 40 of 585
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EXHIBIT C

COST SCHEDULE
• Agreement of $19,665 summarized as follows:
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EXHIBIT D

INSURANCE REQUIREMENTS

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

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

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

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

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

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

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
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Professional Services – Estero (PW) Page 14 of 14
Rev 7/21
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.

CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 43 of 585

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: 8 Section Name: CONSENT CALENDAR Account Number: 10-3159 File ID: 24-9196 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: November 18, 2024
SUBJECT:

Art in Public Places Annual Report, Renewal of Civic Arts Committee, and Reappointment of Committee Members - Approval
RECOMMENDATION:

Approve the Art in Public Places Annual Reports for 2023 and 2024; renew the Civic Arts Committee for two years; and reappoint the current Civic Arts Committee members.

BACKGROUND:

The City of San Mateo’s Art in Public Places Ordinance (Ordinance) was approved in July 2005 to promote the development of cultural and artistic resources within the community (Chapter 23.60, “Art in Public Places”). Annual reporting is required by the Ordinance, and each year an Art in Public Places Annual Report (Report) is prepared for review by the Civic Arts Committee (CAC). The Report provides information about projects that have been completed during the calendar year, projects in progress and in the pipeline, and administrative activities. The 2022 Report was approved by City Council on November 7, 2022. Due to staff changes and limited information to provide, no annual report was provided in 2023. This Report covers both 2023 and 2024.

The Civic Arts Committee reviewed the Annual Reports for 2023 and 2024 at their September 9, 2024, meeting and recommended approval of the Annual Reports, renewal of the Civic Arts Committee, and reappointment of the current members.

Administration
The Ordinance requires private developers of projects over $3 million to either install an art piece of a certain value or pay an in-lieu fee that is deposited into the Art in Public Places Fund (Fund). The Fund may be used for Ordinance administration, art acquisition, installation and/or improvement, maintenance of City-owned public art, development of an Art in Public Places Master Plan (Master Plan), and other public art related activities. On November 15, 2021, as part of the City’s comprehensive fee study, the Ordinance was revised to increase the art obligation/in-lieu fee amount from 0.5 percent to 1.19 percent of the total building valuation, excluding the value of land acquisition and off-site improvement costs.

Planning
On November 7, 2022, the City Council approved the 2022 Annual Report and the Civic Arts Committee (CAC) request to develop a Public Art Master Plan. Due to staffing transitions and other high priority policy initiatives, including the General Plan and Housing Element update efforts, limited progress was made in 2023 and 2024. To date, staff has begun researching various jurisdictions similar to San Mateo that have developed art master plans, or are in progress of doing so, to better understand best practices and gain insights from others. Next steps to proceed with the Master Plan would include interdepartmental collaboration to identify the subjects and activities to be included in the Master Plan and 44 of 585

CITY OF SAN MATEO
preparation of a Request for Proposals (RFP) to select a consultant to facilitate the process and assist in development of the Master Plan.

Since preparation of the Master Plan will require monetary and staffing resources to complete, staff recommends that this CAC request be considered as part of the City Council’s 2025-26 goal setting workshop. To assist in considering this request, staff will provide additional information about the potential cost, scope, and timeline for completing a Public Art Master Plan ahead of the goal setting workshop.

Public Art
On February 13, 2023, the CAC reviewed 12 submissions in response to a Request for Proposals seeking an artist for the Racial Equity Art Project and invited finalists to submit design proposals. On May 31, 2023, the CAC reviewed six proposal submissions containing 26 designs and the community feedback resulting from public engagement activities.

The Committee recommended artist Rafael Blanco for Council approval. The Committee also requested Council to direct the Committee to work with the artist on the final design decision. On June 20, 2023, the City Council approved Rafael Blanco as the artist selected for the Racial Equity Art Project. As reported in the last annual report, the closing of B Street blocks for a permanent Pedestrian Mall allowed for its use as a unique and large enough space to use for the project.

The Council directed the CAC to work with Mr. Blanco in revising and approving the design to expand to both Pedestrian Mall blocks and incorporate feedback from the public, the City Council, and the CAC. This CAC held a study session to review and discuss the draft designs on August 14, 2023, and voted unanimously to approve the final design on September 11, 2023. The mural unveiling took place on October 28, 2023.

On November 13, 2023, the CAC reviewed the City public art project for the Fallen Heroes Memorial and recommended to City Council a budget transfer of $103,400 from the Art in Public Places Fund for the fabrication of the Fallen Heroes Memorial artwork. On December 4, 2023, the City Council approved the budget transfer, and the artwork was completed and unveiled on May 23, 2024.

On January 8, 2024, the CAC reviewed and made recommendations for a proposed art project as part of a new commercial development at 31-57 S. B Street (1st & B). The developer has not yet returned to the committee with an update on the proposed design.

Committee Renewal and Terms
The Civic Arts Committee (CAC) is a special committee subject to the provisions of Section 6.09 of the City Charter that states that the terms of such committees are not to exceed two years but may be extended by action of the Council for a period not exceeding the original term of the committee. This means that the CAC may be renewed by the Council every two years for a two-year period and the current committee members may be reappointed. There are no term limits in place for this committee although the representative of the Planning Commission is subject to the existing term of that body. Current members are:
• City Arts of San Mateo Representative — Dianne Whitaker • AIA Architect Representative — Robert Gooyer
• Professional Artist Representative — Ginger Slonaker
• Planning Commission Representative — Seema Patel
• Chamber of Commerce Representative — Stephen Tabler
BUDGET IMPACT:

This recommendation has no budget impact. This report is a ministerial action only for the Civic Arts Committee. As of September 1, 2024, the Art in Public Places Capital Improvement Program (CIP) account has a fund balance of approximately $1,044,000.

ENVIRONMENTAL DETERMINATION:

The approval of the report, renewal of the committee, or reappointment of committee members are not projects pursuant to the California Environmental Quality Act (CEQA), because they are organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) 45 of 585

CITY OF SAN MATEO
NOTICE PROVIDED:

All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Art in Public Places Annual Reports for 2023 and 2024

STAFF CONTACT
Jennifer Rosas, CDD Business Manager
[email protected]
(650) 522-7164
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1 Art
in
Public
Places
2023 & 2024
ANNUAL

REPORTS
INSIDE
PG. 2
• Art in Public Places
Program
• Art in Public Places
Fund
• Program Policy
PG. 3
• Completed Projects
PG. 4
• In‐Progress & Pipeline
Projects
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2 ART IN PUBLIC PLACES PROGRAM

DESCRIPTION OF ART IN PUBLIC PLACES ORDINANCE AND PROGRAM The City of San Mateo’s Art in Public Places Ordinance (Ordinance) was approved in July 2005 to promote the development of cultural and artistic resources within the community (Chapter 23.60, “Art in Public Places”). Annual reporting is required by the Ordinance and each year an Art in Public Places Annual Report (Report) is prepared for review by the Civic Arts Committee (CAC).. The Report provides information about projects that have been completed during the calendar year, projects in progress and in the pipeline, and administrative activities.

ART IN PUBLIC PLACES FUND

FUND SOURCES, USES, & FUND BALANCE
The Ordinance requires private developers of projects
over $3 million to either install an art piece of a
certain value or pay an in‐lieu fee that is deposited
into the Art in Public Places Fund (Fund). The Fund
may be used for Ordinance administration, art
acquisition, installation, and/or improvement,
maintenance of City‐owned public art, development
of an Art in Public Places Master Plan (Master Plan),
and other public art related activities.

Any art related activities that need expenditure of
these funds requires a recommendation of approval
from the Civic Arts Committee to the City Council and
the Council’s approval.

In recent years, several project developers chose to
pay the in‐lieu fee. As a result, the current fund
balance in the Art in Public Places Capital
Improvement Program (CIP) account is approximately
$1,044,000 (as of September 1, 2024).

CHANGES TO ART IN PUBLIC PLACES FEE
On November 15, 2021, as part of the City’s
comprehensive fee study, the Ordinance was revised
to increase the art obligation/in‐lieu fee amount from

0.5% to 1.19% of the total building valuation,
excluding the value of land acquisition and off‐site
improvement costs.

The fee will automatically increase annually in line
with the other City fee increases, which are based on
the Construction Cost Index for the San Francisco
Area. The purpose of the increase was to ensure City
costs to administer the program are fully recovered.

PROGRAM POLICY

PUBLIC ART MASTER PLAN
On November 7, 2022, the City Council approved the
2022 Annual Report and with that, the Civic Arts
Committee (CAC) request to develop a Public Art
Master Plan.

Due to staffing transitions and other high priority
policy initiatives, including the General Plan and
Housing Element update efforts, limited progress was
made in 2023 and 2024. To date, staff has begun
researching various jurisdictions similar to San Mateo
that have developed art master plans, or are in
progress of doing so, to see where we may gain
insights from others.

Next steps to proceed with the Master Plan would
include interdepartmental collaboration to identify the subjects and activities to be included in the Master Plan and preparation of a Request for Proposals (RFP) to
select a consultant to facilitate the process and assist in development of the Master Plan.

A key objective of the Public Art Master Plan Art would be to align all public art related activities with current practices that meet the City’s interests and needs.

The Civic Arts Committee and City staff would work
closely with the selected consultant to lead this effort and conduct community engagement, which will be a
vital component of the Master Plan development.

Since two years have passed since this topic was last
before the City Council, the CAC is seeking confirmation from the City Council about support for preparation of a Public Art Master Plan, and when staff time and budgetary resources would be prioritized to support the effort.
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3 COMPLETED PROJECTS

ART INSTALLED BY DEVELOPERS AT THEIR PROJECT LOCATIONS
Two projects fully completed their art installations in 2023 and 2024: The Racial Equity Art Project, as pictured on the front page and below, and the Fallen Heroes Art Memorial shown below. Formal completion of art projects requires installation in accordance with the approved proposal and final inspections for all art related building permits, the provision of financial documents confirming the obligated expenditures, and a recorded Covenant of Public Art Maintenance with San Mateo County to establish the property owner’s obligation to maintain the art.

Remembrance Poppy
Fallen Heroes Art Memorial
Central Park
Artist: RRM Design Group
Materials: Seven reflective stainless steel monuments
with engraved names, painted steel 'slice' poppy image
Granite bench, decorative paving, flush mount lights
Completed in May 2024
When viewed from one specific point, the monuments
will unite to form a single image – the remembrance
poppy.
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4 EQUITY PUBLIC ART

PROJECT

SUPPORTING RACIAL EQUITY
In July 2020, the City Council adopted a resolution
reaffirming the City of San Mateo’s commitment to
racial equality and equity. The Council discussed the
concept of a community mural or other community
art project that would reflect and promote racial
equity and diversity.

On June 20, 2023 the City Council (Council) approved
Rafael Blanco as the artist selected for the Racial
Equity Art Project. As reported in the last annual
report, the closing of B Street blocks for a permanent
Pedestrian Mall allowed for its use as a unique and
large enough space to use for the project. The
Council directed the CAC to work with Mr. Blanco in
revising and approving the design to expand to both
Pedestrian Mall blocks and incorporate the feedback
from the public, the City Council, and the CAC. The
CAC held a study session to review and discuss the
draft designs on August 14, 2023, then met on
September 11, 2023 and voted unanimously to
approve the final design. The mural unveiling took
place on October 28, 2023.

SPECIAL MENTION:
480 E. 4th Ave: Kiku Crossing - MidPen Housing &
City-Owned Downtown site for
Affordable Housing & Parking Garage
The mural on the Kiku Crossing project was
completed in December 2022 but was not included
in the 2022 Annual Report. Harumo Sato, was
selected to create three murals that stand up to
54-feet tall on the Kiku Crossing parking garage.

Artist and mural are pictured here (right).

PIPELINE PROJECTS
The project listed below has been identified as large enough that it is expected to be obligated to provide art or pay the in‐lieu fees. The pipeline project developer has contacted staff regarding their art interests and obligations and has already made an initial presentation to the CAC, at the January 8, 2024 meeting for feedback on concepts and design. ▪ 31‐57 S. B Street (1st & B): Four‐story retail and office building in Downtown 50 of 585

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: 9 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 24-9271 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: November 18, 2024
SUBJECT:

Public Safety Data Sharing — Memorandum of Understanding RECOMMENDATION:

Approve the Memorandum of Understanding with San Mateo County law enforcement agencies to provide a standardized approach and method of collection and sharing information within their electronic data systems; and authorize Chief of Police to execute the agreement in substantially the form presented.

BACKGROUND:

San Mateo County allied law enforcement agencies have a longstanding history of working together to provide efficient utilization of resources in public safety efforts. In the coming year several local agencies, including the City of San Mateo, will begin utilizing a shared AI-powered law enforcement system called C3 AI, a project which is funded by Organized Retail Theft grant funds. The C3 AI tool will aggregate data from police records, dispatch software, license plate readers and other intelligence into a single application, enabling law enforcement to efficiently and accurately search through various disparate datasets.

The Memorandum of Understanding (MOU) outlines an agreement between County law enforcement agencies for the purpose of securely sharing data in support of public safety efforts. The MOU establishes a standardized framework for collaboration and data exchange, specifically to enhance public safety using this centralized, AI-powered law enforcement system. Authorized personnel from each agency will have secure, regulated access to shared data for investigative purposes, adhering to federal and state security standards. Member agencies retain control over their data and can restrict access as needed. The agreement emphasizes data security, proper training for users, compliance with legal standards, and respect for privacy rights, prohibiting data use for immigration enforcement. The MOU will be reviewed every three years, with an option for parties to withdraw or amend.

Data sharing among law enforcement agencies is essential for creating a comprehensive view of criminal activity across jurisdictions. This can enable a faster response, and ultimately improve public safety. Staff recommends approving the MOU as it fosters a unified approach to data sharing across all participating entities. It is the policy of the City that intergovernmental agreements be approved the City Council.

BUDGET IMPACT:

There is no budgetary impact associated with this action.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) 51 of 585

CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Glen Teixeira, Lieutenant
[email protected]
(650) 522-7608
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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: 10 Section Name: CONSENT CALENDAR Account Number: 10-4651 File ID: 24-9282 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:
1900 O’Farrell Street Office Space Lease — Amendment
RECOMMENDATION:

Approve the third amendment to the office lease agreement with Woodstock Development, Inc. for office space in Suites 320 and 325 at 1900 O’Farrell Street, extending the term for an additional five years with two optional five-year extensions at a base rent amount of $1,938,237.96 for the initial five-year term; and authorize the City Manager to execute the amendment in substantially the form presented.

BACKGROUND:

In May 2014, City Council authorized a 60-month lease agreement with Woodstock Development, Inc. (Attachment 2) for office space at 1900 O’Farrell Street to provide space to accommodate multiple divisions within the Public Works Department. The City leased a total of 6,975 square feet (sf) of space in this building: Suite 320 (5,460 sf) and Suite 380 (1,515 sf). Both suites were located on the third floor but were disconnected and situated at opposite ends of the building.

In February 2015, City Council authorized the first amendment (Attachment 3) to the original lease to extend the term through March 31, 2020, and allow the Public Works Department to expand and create a cohesive, fully integrated and connected space. This amendment allowed the department to continue to lease Suite 320 (5,460 sf), expand into adjacent Suite 325 (4,400 sf) and vacate Suite 380 (1,515 sf). This resulted in a total of 9,860 sf of space, a net increase of 2,885 sf from the original lease. This created a single, centralized location and has provided improved efficiency and functionality within the department.

Under the second amendment (Attachment 4), the term of the lease agreement was extended for sixty (60) months, commencing on April 1, 2020, and ending on March 31, 2025. Per the building’s 2018 Building Owners and Managers Association (BOMA) re-measurement, it was determined that Suites 320 and 325 contain approximately 10,141 sf of rentable area on the third floor, with the entire building consisting of approximately 61,443 square feet of rentable area.

Therefore, the two suites occupied by Public Works comprise 16.5 percent of the building’s rentable space. This is 281 square feet more than initially calculated at the start of the original lease.

Under this proposed third amendment (Attachment 1), the term of the lease agreement will be extended for sixty (60) months, commencing on April 1, 2025. Also included are two optional five-year extensions. Finally, the base rental rate was negotiated lower, which starts at $3.00/sf (vs. $4.80/sf in the existing lease) with 3 percent annual increases. The detail is provided in the schedule of payments shown below:

Period Monthly Base Rent
Rate
Monthly Base Rent for
10,141 sf Yearly Base Rent
April 1, 2025 – March 31, 2026 $3.0000 $30,423.00 $365,076.00 62 of 585

CITY OF SAN MATEO
April 1, 2026 – March 31, 2027 $3.0900 $31,335.69 $376,028.28 April 1, 2027 – March 31, 2028 $3.1827 $32,275.76 $387,309.12 April 1, 2028 – March 31, 2029 $3.2782 $33,244.03 $398,928.36 April 1, 2029 – March 31, 2030 $3.3765 $34,241.35 $410,896.20 BUDGET IMPACT:

The renegotiated lease reduces the current monthly base rent from $48,508.59 to $30,423.00, lowering the total annual rent from $582,103.08 to $365,076.00, which represents a 37.3 percent cost reduction. This change results in a projected cost savings of $54,881.70 for the remainder of Fiscal Year 2024-25 (April-June), currently allocated with 55 percent to the General Fund and 45 percent to the Sewer Fund. These savings will be incorporated into the mid-year budget adjustments for 2024-25, and the revised lease terms will be factored into future budget planning.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Third Amendment to Lease Agreement
Att 2 – Original Lease Agreement
Att 3 – First Amendment to Lease Agreement
Att 4 – Second Amendment to Lease Agreement

STAFF CONTACT
Matt Fabry, Public Works Director
[email protected]
650 522 7309
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107 of 585

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: 11 Section Name: CONSENT CALENDAR Account Number: File ID: 24-9286 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: November 18, 2024
SUBJECT:

Permanent Local Housing Allocation (PLHA) Grant Program — Budget Allocation RECOMMENDATION:

Adopt a Resolution to appropriate $293,103 of Permanent Local Housing Allocation (PLHA) grant program funds into the fiscal year 2024-2025 operating budget.

BACKGROUND:

Permanent Local Housing Allocation Grant Program
The Permanent Local Housing Allocation (PLHA) grant program provides a permanent source of funding to all local governments in California to help cities and counties implement plans to increase housing affordability. PLHA is a flexible funding source administered by the California Department of Housing and Community Development (HCD) that can be used for a wide range of activities, from increasing the housing supply to providing supportive services.

As PLHA revenue is derived from real estate transactions, the amount of funding fluctuates from year to year, and jurisdictions are required to reapply annually for their allocation. In addition, to receive funds, a jurisdiction must adopt a five-year plan (Five-Year Plan) to allocate its PLHA spending. To date, the City has received three years of PLHA allocations, totaling $1,458,103: $341,894 in the first year (FY 21-22); $531,409 in the second year (FY 22-23); and $584,800 in the third year (FY 23-24).

The City submitted its Five-Year Plan as part of its first application for funds and has subsequently amended it annually to reflect available PLHA funding and City priorities. It was most recently amended in May 2024. This amendment reflected the substantially lower amount of funding in year four compared to previous years.

On May 6, 2024, the City Council adopted Resolution No. 33 (2024), authorizing staff to reapply to the State for the fourthyear allocation and approving an amendment to its Five-Year Plan. The budget for the PLHA fourth-year allocation included in the May 6, 2024, Agenda Report was based on the estimate of $293,103, as follows:

PLHA Year 4 Budget Amount
LifeMoves (Rapid Rehousing) $181,907
BRIDGE Housing (Montara) $61,541
HIP Housing $20,000
Samaritan House (Safe Harbor Emergency Shelter) $15,000 City Administration $14,655
Total $293,103
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CITY OF SAN MATEO
The City received its fourth-year allocation award letter from HCD on October 8, 2024 in the amount of $293,103. The Standard Agreement with HCD will be subsequently amended to reflect the additional funds. To receive the funds from HCD, the final step staff must take is to submit the Request for Funds (RFF), which includes a detailed description of the above-mentioned organizations and activities with their respective funding amounts.

The attached Resolution (Attachment 1) appropriates $293,103 in PLHA funds into the City’s FY 2024-25 operating budget.

BUDGET IMPACT:

The PLHA grant funding is allocated to Fund 280 in the City’s Operating Budget. Since the exact dollar amount varies annually, based upon the collection of the real estate recording fees, the final allocation amount each year can also vary.

For the five-year planning period, the total estimated dollar amount the City will receive is approximately $2,051,364. The attached Resolution appropriating the funds for the fourth-year allocation in the amount of $293,103 adds this amount to the FY 2024-25 operating budget.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Appropriation Resolution

STAFF CONTACT
Rachel Horst, Housing and Neighborhood Services Manager [email protected]
(650) 522-7223
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
APPROPRIATE $293,103 FROM NEW PERMANENT LOCAL HOUSING ALLOCATION ENTITLEMENT FUNDS INTO OPERATING BUDGET FOR 2024-25
WHEREAS, Section 5.13(a) of the City Charter requires Council approval by resolution for supplemental appropriations to the City’s budget; and
WHEREAS, The California Department of Housing and Community Development has made available $293,103 in the Permanent Local Housing Allocation (PLHA) Fund to be used to increase housing affordability.

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

1. In accordance California Environmental Quality Act (CEQA) Guidelines section 15378(b)(4), an appropriation is not a project subject to CEQA because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

2. A budget appropriation from the Permanent Local Housing Allocation Grant entitlement fund to the PLHA Fund operating budget for fiscal year 2024-25 is approved in the amount of $293,103. 110 of 585

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: 12 Section Name: CONSENT CALENDAR Account Number: 10-2312 File ID: 24-9265 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: November 18, 2024
SUBJECT:

Professional Labor Relation Service — Agreement
RECOMMENDATION:

Approve a three-year agreement with IEDA for professional labor relation services in the amount of $92,466 in year one, $96,624 in year two and $100,269 in year three for a cumulative total amount of $289,359.00.

BACKGROUND:

IEDA provides professional labor relation services to negotiate on behalf of the City for all its labor contracts. IEDA staff is comprised of a highly skilled negotiator who has the knowledge and expertise in public sector labor relations and is familiar with the City’s associations and unions process. IEDA has represented the City in several rounds of labor negotiations with success at building harmonious relationships with labor. The Human Resources Department continues to partner with IEDA to meet its labor relation needs to negotiate labor contracts, respond to grievances, and present before Council and the Public Employment Relations Board (PERB) as needed. HR requests approval of the three-year agreement with IEDA to conduct professional labor relation services in the amount of $289,359.00.

BUDGET IMPACT:

The labor relations services conducted by IEDA are paid for by the labor relations department and there is sufficient funding within the department budgets to cover the additional costs.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – IEDA Agreement

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

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

EMPLOYEE AND LABOR RELATIONS NEGOTIATIONS AND CONSULTING This Agreement, made and entered into this day of ______________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Industrial Employers and Distributors Association (IEDA), a non‐profit corporation, (“CONSULTANT”), whose address is 2200 Powel Street, Suite 1000, Emeryville, CA 94608.

RECITALS:

A. CITY desires certain Employee and Labor Relations (ELR) Negotiations and Consulting services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these ELR Negotiations and Consulting services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work. 112 of 585
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SECTION 4 ‐ TERM
The services to be performed under this Agreement shall commence on January 1, 2025 and be completed on or about December 31, 2027.

SECTION 5 ‐ PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a not‐to‐exceed fee in an amount of $289,359.00, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.

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

SECTION 8 ‐ CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 9 ‐ INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
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SECTION 10 ‐ CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 11 ‐ INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

SECTION 12 ‐ INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.

SECTION 13 ‐ NON‐ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of Stacey Cue, President of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 ‐ RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation. 114 of 585
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SECTION 15 ‐ WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 ‐ SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 17 ‐ COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 18 ‐ NON‐DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 19 ‐ MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed‐upon service. The mediator shall be selected by a blind draw.

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

SECTION 20 ‐ LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 ‐ NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Yumi Maeda
City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
To CONSULTANT: IEDA
Attn: Stacey Cue
2200 Powell Street, Suite 1000
Emeryville, CA 94608
SECTION 22 ‐ AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 23 ‐ AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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SECTION 24 ‐ GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and IEDA have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Aracelia Esparza
Human Resources Director
Stacey Cue
Its Authorized Agent
President

APPROVED AS TO FORM
Bahar Abdollahi
Assistant City Attorney
Attachments:

Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES

1. Assist Human Resources in advising and consulting with the City Council and the City Manager on matters relating to employer‐employee relations. This includes in‐person and other consultations with Human Resources as deemed necessary by Human Resources personnel, including, but not limited to:
• Meet with designated staff to define management goals and policy for labor negotiations; • Provide research and consultation on current trends, practices and community standards of other public employers on a variety of labor related issues; • Meet with designated staff to assist in formulating the management proposals for negotiations;
• Participate in drafting proposals for negotiations;
• Perform necessary fact research for negotiations;
• Provide progress reports, make recommendations, and receive direction; • Provide consultation and assistance with grievance handling, disciplinary appeals, and other conflict resolution procedures;
• Provide consultation and assistance with determining questions of scope of bargaining and bargaining obligations; and
• Provide employee/labor relations training as needed.

2. Meet and confer in good faith for and on behalf of the City, as the designated representative of the City Manager, with representatives of recognized employee organizations of the City of San Mateo, including, but not limited to:
• Attend negotiation sessions as the City’s lead negotiator; • Serve as spokesperson for situational meetings and conferences as they arise, including, but not limited to, the impact of layoffs, statutory changes, pension modification, work schedule changes, revisions of departmental rules and staffing guidelines. • Act as the City’s management advisor in mediation, impasse proceedings, fact‐finding, arbitration and related procedures.
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3. Assist Human Resources in reporting to the City Council and the City Manager on the progress of meeting and conferring in good faith with each of the recognized employee organizations.

4. Present before the Public Employment Relations Board. 120 of 585

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Exhibit B
COST
Although IEDA does not offer an hourly rate, IEDA's proposed fees are based on a formula using a per capita monthly fee for the number of employees in representation units. This method of charging for services is consistent with IEDA's philosophy regarding the importance of continuity of service delivery in labor relations. In addition, the City's costs are equalized over time irrespective of fluctuations in the number of actual hours of services provided.

Based on the total number of employees (600) provided in the Request for Proposal, the annual fee for services would be as follows:

Year 1: January 1, 2025 through June 30, 2025 $45,108.00 July 1, 2025 through December 31, 2025 $47,358.00
Total=$ 92,466.00
Year 2: January 1, 2026 through June 30, 2026 $47,358.00 July 1, 2026 through December 31, 2026 $49,266.00
Total= $ 96,624.00
Year 3: January 1, 2027 through June 30, 2027 $49,266.00 July 1, 2027 through December 31, 2027 $51,003.00
Total=$ 100,269.00
Total for 3 years: $ 289,359.00
*based on the FTE of 600 employees
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IEDA EXPLANATION OF COMPUTATION OF FEES

PUBLIC SECTOR
July 1, 2024

DEFINITIONS
Formula Employees: All full-time employees and full-time equivalent employees (FIE) of the agency who are represented by a union or employee organization with which, on behalf of the agency, IEDA expects to negotiate and/or administer memoranda of understanding, whether or not those employees are themselves members of the union or employee organization.

Full-Time Equivalent Employees: The number of full-time equivalent employees (FTEs) is determined by dividing the total number of part time hours by 2080.

Major Memorandum of Understanding: Any memorandum of understanding that covers 100 or more employees.

COMPUTATION
IEDA rate increases go into effect on July 1 of each year. For Year One of this proposal starting January 1, 2025 the calculation shall be as follows:

Cost Year One: January 1, 2025 to December 31, 2025:

First 6 Months: First 450 employees@ $15.85 ea. =$ 7,132.50 Remaining 150 of 600@$2.57 ea. = $ 385.50
Monthly Total = $ 7,518.00
6 Times Monthly Total =$ 45,108.00
Months 7-12 First 450 employees@ $16.64 ea. =$ 7,488.00 Remaining 150 of 600 @ $2.70 =$ 405.00
Monthly Total
6 Times Monthly Total
=$ 7,893.00
=$ 47,358.00
Trrotal Year One Cost $92,466.00
Cost Year Two: January 1, 2026 to December 31, 2026
First 6 Months: First 450 employees@ $16.64 ea. =$ 7,488.00 Remaining 150 of 600 @$2.70 ea. =$ 405.00
Monthly Total = $ 7,893.00
6 Times Monthly Total = $47,358.00
Months 7-12 First 450 employees@ $17.31 ea.=
Remaining 150 of 600 @$2.81 ea.

Monthly Total
6 Times Monthly Total
$7,789.50
=$ 421.50
=$ 8,211.00
= $ 49,266.00
Total Year Two Cost $96,624.00
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Response to the

CITY OF SAN MATEO
for

EMPLOYEE/LABOR RELATIONS AND CONSULTATION SERVICES
Cost Year Three: January 1, 2027 to December 31, 2027
First 6 Months: First 450 employees@ $17.31 ea. =$ 7,789.50 Remaining 150 of 600@ $2.81 ea. =$ 421.50
Monthly Total =$ 8,211.00
6 Times Monthly Total =$ 49,266.00
Months 7-12 First 450 employees@ $17.92 ea. =$ 8,064.00 Remaining 150 of 600 @ $2.91 ea. =$ 436.50
Monthly Total
6 Times Monthly Total
=$ 8,500.00
=$ 51,003.00
Total Year Three Cost $ 100,269.00
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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self‐insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it. 124 of 585

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

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

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

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: 13 Section Name: CONSENT CALENDAR Account Number: 14-5122 File ID: 24-9317 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: November 18, 2024
SUBJECT:

Parking Enforcement Services - Amendment
RECOMMENDATION:

Adopt a Resolution to appropriate $55,000 to the Police Department’s 2024-25 operating budget; Approve Amendment No. 2 to the agreement with LAZ Parking for Citywide parking enforcement services in the amount of $1,464,506 for a new agreement total of an amount not to exceed $6,271,726; and authorize the Chief of Police to execute the amendment in substantially the form presented.

BACKGROUND:

The San Mateo Police Department has contracted for parking enforcement services with LAZ Parking (formerly Serco) since 2019. Enforcement activities in the City commenced in 2020, with a scope of work including issuing parking citations for observed violations in the Downtown commercial district, Residential Parking Permit Program (RPPP) zones, and for street sweeping violations; completing data entry and uploading citation data for processing; monitoring equipment and signage and reporting any damage; and performing other duties as needed such as traffic control and operational support at special events. The current contract was originally executed in 2021 in the amount of $2,034,004 for a term ending on November 30, 2022. The contract has been amended once before. In 2022, Amendment No. 1 was executed to extend the term and increase compensation by $2,773,216 for a new agreement total of $4,807,220. The term of the current amended contract concludes on November 30, 2024, with an option to extend for two (2) additional one (1) year terms.

The service provided by LAZ continues to meet expectations, and staff wishes to continue to partner with LAZ for parking enforcement services and exercise the option to extend the contract for an additional year. Amendment No. 2 extends the term for one year and documents existing practices for optional services such as requesting operational support for special events.

BUDGET IMPACT:

Parking enforcement activities are funded by the Downtown Services Fund. Costs for contracted enforcement services are included in the adopted 2024-25 budget; however, approval of Amendment No. 2 will result in costs of approximately $55,000 in excess of what was budgeted in the current fiscal year. Council approval is requested to appropriate $55,000 to the parking enforcement budget program of the Police Department’s 2024-25 operating budget to cover the increased cost of contracted services.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.
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ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement
Att 3 – Amendment No. 2

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Matt Lethin, Captain
[email protected]
(650) 522-7663
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
APPROVING ADDITIONAL APPROPRIATION TO THE POLICE DEPARTMENT IN THE 2024-25 BUDGET WHEREAS, the Police Department wishes to amend the agreement with LAZ Parking for Citywide parking enforcement services to extend the term and increase wages paid for parking enforcement officers; and WHEREAS, approval of Amendment No. 2 to the agreement will result in costs in excess of what was budgeted and an amendment to the Police Department’s 2024-25 budget will be necessary to fund this expense; and
WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City’s budget.

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

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

2. A supplemental budget appropriation for fiscal year 2024-25 is approved in the amount of $55,000 for the Police Department.
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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: 14 Section Name: CONSENT CALENDAR Account Number: 10-4651 File ID: 24-9318 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:

Contracts with Contingency Component – Update
RECOMMENDATION:

Receive a report on contingency fund expenditures for City contracts for the period from August 1, 2017, through June 30, 2024.

BACKGROUND:

When presenting contracts to City Council for an award, staff may request approval of contingency funds and authorization to approve additional work or issue change orders up to the contingency amount. The contingency amount generally amounts to 10 percent of the total contract but is sometimes higher depending on the type of project and associated risks. This approach provides flexibility and efficiency to reasonably adjust cost or scope, allowing projects to continue without returning to the City Council to approve change orders. The current report shows all active contracts Citywide with contingencies greater than $25,000 awarded from August 1, 2017, through June 30, 2024. Below is a summary table of active agreements by Department:

Department/Division Current Approved
Agreement Amount
Contingency
Budget
Contingency
Used
Percentage of
Contingency Used
Clean Water Program $593,012,141.69 $56,738,979.00 $38,651,604.06 68% Facilities $7,674,276.85 $1,194,000.00 $525,817.32 44%
Parks & Recreation $2,772,792.50 $366,099.08 $ - 0%
Police $475,534.44 $62,000.00 $ - 0%
Public Works Capital Projects $41,977,653.05 $3,810,353.40 $458,349.49 12% Grand Total $645,912,398.53 $62,171,431.48 $39,635,770.87 64% This report also includes an attachment showing completed projects with contingencies from this same period. The City’s practice has been to provide these updates approximately three times annually; however, due to staffing capacity challenges, the last update was conducted on June 20, 2022. These updates were temporarily paused and are now resuming and will be presented to Council on an annual basis after the close of the fiscal year.

BUDGET IMPACT:

As this is an update on previously awarded contracts, there is no budget impact. Sufficient funds have been allocated to each contract, including the contingency amounts.
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ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Contingency Funding Status Worksheet
Att 2 - Completed Projects with Contingency

STAFF CONTACT
Alonso Barahona, Management Analyst II
[email protected]
(650) 522-7334
Jamie Perez, Business Manager
[email protected]
(650) 522-7243
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 21-4678 File ID: 24-9322 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:

SB 1383 Recovered Organics Waste Procurement Services — Agreements and Amendment RECOMMENDATION:

Approve agreements with the Resource Conservation Districts of Monterey and Santa Cruz Counties for SB 1383 recovered organics procurement services, each for one year at $100,000, with three optional one-year extensions totaling up to $400,000 per agreement. Approve Amendment No. 1 to the agreement with the Tuolumne County Resource Conservation District, increasing the total amount to $103,600, with three optional one-year extensions totaling up to $403,600.

Authorize the City Manager to execute the agreements and amendment in substantially the form presented.

BACKGROUND:

Senate Bill 1383 (SB 1383) is a short-term climate pollutants reduction act reducing greenhouse gas emissions (methane) generated from landfilling organics. To build a market for the organics diverted from landfills, the City is required to procure recovered organics products such as compost, mulch, and renewable natural gas. The City’s annual, ongoing recovered organics procurement target is 8,244 tons. The target is based on a calculation multiplying the per capita procurement target (a defined value of 0.08 tons of organic waste estimated to be generated per California resident per year) by the City’s 2021 population of 103,045. Jurisdictions have the flexibility to procure a variety of products to meet their local needs, including transportation fuel, electricity, and heat from renewable gas, electricity from biomass conversion, compost, and mulch.

Currently, compost is the only SB 1383-compliant recovered organic product available to the City. In 2023, through compost giveaways at the City’s Corporation Yard and Wastewater Treatment Plant and the City’s participation in the Countywide Compost Broker Partnership with the San Mateo Resource Conservation District, the City procured 609 tons, leaving a gap of 7,635 tons.

Staff is working to meet the City’s annual procurement target in other ways, such as exploring renewable natural gas production at the Wastewater Treatment Plant; however, to meet the annual procurement target, the City must contract with the agricultural community in other regions of California to procure SB 1383-complaint compost and find appropriate sites for its application.

SB 1383 allows the City to enter into “direct service provider” agreements with entities for the purpose of procurement of recovered organics, such as compost, provided a written contract or agreement is in place for such procurement. On August 20, 2024, the City entered into an agreement with Tuolumne County Resource Conservation District for the procurement of SB 1383 compliant compost. However, the City needs additional providers in order to meet its requirement target. To that end, the City has identified the Resource Conservation Districts of Monterey and Santa Cruz Counties as providers available to procure SB 1383-compliant compost in order to meet the City’s target requirements. 193 of 585

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Each of these proposed agreements with these Resource Conservation Districts meets the definition of “direct service provider agreement” and is a first step to meeting the City’s annual target with the help of the regional agricultural community. The agreements will provide for the procurement of SB 1383-compliant compost to help meet the City’s target and are based on the successful Countywide Compost Broker Program in San Mateo County. Staff anticipates these additional procurement agreements will get the City to approximately 80 percent of its ongoing annual procurement target, however, amounts procured each year will be dependent upon compost availability, cost per ton, and number of jurisdictions competing for available supply to meet their own targets. Staff expects to achieve the remaining 20 percent of the annual target via other means.

Based on the above, staff recommends Council approve one-year agreements with three optional one-year extensions with the Resource Conservation Districts of Monterey and Santa Cruz Counties to meet the City’s SB 1383 requirements.

Staff also recommends approving Amendment No. 1 to the agreement with the Tuolumne County Resource Conservation District to increase the agreement total amount by $100,000 and allow for three optional one-year extensions in order to allow the Tuolumne Resource Conservation District to continue providing SB 1383 compliant compost to the City.

BUDGET IMPACT:

There are sufficient funds in the Solid Waste Fund in the Solid Waste Management program operating budget to fund the agreements and amendment.

ENVIRONMENTAL DETERMINATION:

Approving agreements with the Resource Conservation Districts of Monterey and Santa Cruz Counties, and an amendment to the City’s agreement with the Tuolumne County Resource Conservation District to assist the City in procuring SB 1383 compliant compost to meet the City’s annual compost procurement target is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement with the Resource Conservation District of Monterey County Att 2 - Agreement with the Resource Conservation District of Santa Cruz County Att 3 - Amendment No. 1 to the Agreement with the Tuolumne County Resource Conservation District

STAFF CONTACT
Jack Johnson, Waste Management Supervisor
[email protected]
(650)522-7346
194 of 585
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AGREEMENT WITH THE RESOURCE CONSERVATION DISTRICT OF MONTEREY COUNTY FOR SB 1383 RECOVERED ORGANICS PROCUREMENT SERVICES
FOR
SB 1383 ANNUAL RECOVERED ORGANICS PROCUREMENT TARGET
This Agreement, made and entered into this day of____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and the Resource Conservation District of Monterey County, a special district ("CONTRACTOR"), whose address is 744 La Guardia St. Building A, Salinas, CA 93905.

RECITALS:

A. CITY desires certain SB 1383 procurement services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these SB 1383 procurement services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
.

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

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

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

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

CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on June 30, 2025, with up to three (3) optional one-year extensions by the CITY. The term of this Agreement may be extended by written amendment executed by the City Manager and a duly authorized representative of the CONTRACTOR.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount not to exceed $100,000, pursuant to rates stated in Exhibit B, attached and incorporated by reference.

For each one-year extension option exercised by the CITY, the CITY agrees to pay CONSULTANT a fee in an amount not to exceed $100,000, pursuant to rates stated in Exhibit B.

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

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

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release. 196 of 585
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SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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

SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.

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

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

Notwithstanding the above, the City hereby consents to the subcontracting of services for the purposes of procurement, delivery, or application of SB 1383 compliant compost pursuant to Exhibit A.

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. 197 of 585
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 198 of 585
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SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

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

To CITY: Jack Johnson
City of San Mateo
330 W. 20th St.

San Mateo, CA 94403
To CONTRACTOR: Resource Conservation District of
Monterey County
Attn: Paul Robins
744 La Guardia St., Bldg. A
Salinas, CA 93905
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and the Resource Conservation District of Monterey County have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Paul Robins
Its Authorized Agent
Executive Director
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
200 of 585
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EXHIBIT A

SCOPE OF SERVICES
In consideration of the payments set forth in this agreement, Contractor shall provide the following services:

Compost Procurement
o Contractor shall coordinate a compost procurement, delivery, and application program that will assist the City of San Mateo meet its recovered organic waste product procurement requirements under CA Senate Bill 1383 (SB 1383). o Contractor shall act as a direct service provider to the City of San Mateo consistent with SB 1383 regulations.
o Contractor shall identify and recruit compost procurement and application projects that will help the City of San Mateo meet its SB 1383 recovered organic waste procurement requirements.
o Contractor shall procure high-quality SB 1383 compliant compost that is eligible to count towards the City of San Mateo’s SB 1383 procurement target as described in the CA Senate Bill 1383 regulations.

Administration
o Contractor shall submit invoices quarterly.
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o Each quarterly invoice shall be accompanied by a progress report, which shall include updates on the Contractor’s outreach, technical assistance, and compost procurement and application efforts completed during the reporting period. The progress report may also include images of compost application projects for the jurisdiction to use in public reports, presentations, or other outreach.
o Contractor shall submit a final report by June 30, 2025, summarizing all outreach, technical assistance, and compost procurement and application efforts completed through this agreement; all costs associated with the project; the SB 1383 procurement volume/weight (in tons) accredited to the City of San Mateo, and any other relevant information.

Subcontractors
o The City of San Mateo expressly authorizes Contractor to subcontract with farmers, ranchers, nonprofits, and other organization to procure compost for application on land they own or manage in order to meet the Contractor’s requirements under this agreement and facilitate the City of San Mateo’s compliance with its recovered organic waste product procurement requirements under SB 1383. Under no circumstances shall Contractor obligate the City of San Mateo to any financial obligation beyond the do not exceed amount for this agreement through subcontracting.

Additional Projects
o Contractor shall identify projects that help the City of San Mateo meet its SB 1383 recovered organic waste procurement requirements beyond compost procurement and application such as mulch procurement and application, composted mulch procurement and application, and/or other projects that help a jurisdiction to meet its procurement target. With written prior approval from the City of San Mateo and agreement from Contractor, Contractor shall carry out identified projects for this program if the cost of a project is comparable or less than compost application projects. Contractor shall collect a release of liability waiver and procurement records the City of San Mateo requires for its SB 1383 procurement compliance from all individuals or organization who receive any material through the program established under this agreement. 202 of 585
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203 of 585
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EXHIBIT B

PAYMENT RATES
Compost procurement, delivery, and application not to exceed $75/ton. 204 of 585
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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. 205 of 585
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 206 of 585
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Rev 12/22

AGREEMENT WITH THE RESOURCE CONSERVATION DISTRICT OF SANTA CRUZ COUNTY FOR SB 1383 RECOVERED ORGANICS PROCUREMENT SERVICES
FOR
SB 1383 ANNUAL RECOVERED ORGANICS PROCUREMENT TARGET
This Agreement, made and entered into this day of____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and the Resource Conservation District of Santa Cruz County, a special district ("CONTRACTOR"), whose address is 820 Bay Avenue, Apt. 136, Capitola CA 95010.

RECITALS:

A. CITY desires certain SB 1383 procurement services hereinafter described.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
.

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

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

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

CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
207 of 585
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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

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

For each one-year extension option exercised by the CITY, the CITY agrees to pay CONSULTANT a fee in an amount not to exceed $100,000, pursuant to rates stated in Exhibit B.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release. 208 of 585
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SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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

Notwithstanding the above, the CITY hereby consents to the subcontracting of services for the purposes of procurement, delivery, or application of SB 1383 compliant compost pursuant to Exhibit A.

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. 209 of 585
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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 210 of 585
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Rev 12/22
SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

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

To CITY: Jack Johnson
City of San Mateo
330 W. 20th St.

San Mateo, CA 94403
To CONTRACTOR: Resource Conservation District of Santa
Cruz County
Attn: Sacha Lozano
820 Bay Avenue, Apt. 136
Capitola, CA 95010
SECTION 21 – AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 22 – GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
211 of 585
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IN WITNESS WHEREOF, CITY OF SAN MATEO and the Resource Conservation District of Santa Cruz County have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Lisa Lurie
Its Authorized Agent
Executive Director
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
212 of 585
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Rev 12/22

EXHIBIT A

SCOPE OF SERVICES
In consideration of the payments set forth in this agreement, Contractor shall provide the following services:

Administration
o Contractor shall submit invoices quarterly.
213 of 585
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Rev 12/22
o Each quarterly invoice shall be accompanied by a progress report, which shall include updates on the Contractor’s outreach, technical assistance, and compost procurement and application efforts completed during the reporting period. The progress report may also include images of compost application projects for the jurisdiction to use in public reports, presentations, or other outreach.
o Contractor shall submit a final report by June 30, 2025, summarizing all outreach, technical assistance, and compost procurement and application efforts completed through this agreement; all costs associated with the project; the SB 1383 procurement volume/weight (in tons) accredited to the City of San Mateo, and any other relevant information.

Additional Projects
o Contractor shall identify projects that help the City of San Mateo meet its SB 1383 recovered organic waste procurement requirements beyond compost procurement and application such as mulch procurement and application, composted mulch procurement and application, and/or other projects that help a jurisdiction to meet its procurement target. With written prior approval from the City of San Mateo and agreement from Contractor, Contractor shall carry out identified projects for this program if the cost of a project is comparable or less than compost application projects. Contractor shall collect a release of liability waiver and procurement records the City of San Mateo requires for its SB 1383 procurement compliance from all individuals or organization who receive any material through the program established under this agreement. 214 of 585
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Rev 12/22

EXHIBIT B

PAYMENT RATES
Compost procurement, delivery, and application not to exceed $60/ton. 215 of 585
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Rev 12/22

EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. 216 of 585
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 217 of 585
Contract Amendment Page 1 of 6
CAO Approved June 2024
AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

THE TUOLUMNE COUNTY RESOURCE CONSERVATION DISTRICT FOR
SB 1383 RECYCLED ORGANICS PROCUREMENT SERVICES FOR THE SB 1383 ANNUAL RECYCLED

ORGANICS PROCUREMENT TARGET
($3,600 [Original Amount], $100,000 [Amendment No. 1])
This Amendment is made and entered into this day of ___________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and the Tuolumne County Resource Conservation District ("CONTRACTOR").

WHEREAS, on August 20, 2024, CITY and CONTRACTOR entered into an agreement for SB 1383 procurement services; and
WHEREAS, CITY and CONTRACTOR wish to amend the Agreement to increase the scope of work, allow for one-year extensions, allow assignment, and increase the compensation in an amount not to exceed $100,000, for a total compensation amount not to exceed $103,600.

NOW, THEREFORE, the Parties agree as follows:

1. Section 4, “Term,” of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on September 2, 2024, and be completed on June 30, 2025, with up to three (3) optional one-year extensions by the CITY. The term of this Agreement may be extended by written amendment executed by the City Manager and a duly authorized representative of the CONTRACTOR.”

2. Section 5, “Payment,” of the Agreement is amended to read:
“Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount not to exceed $103,600, pursuant to rates stated in Exhibit B, attached and incorporated by reference. For each one-year extension option exercised by the CITY, the CITY agrees to pay CONSULTANT a fee in an amount not to exceed $100,000.”
218 of 585
Contract Amendment Page 2 of 6
CAO Approved June 2024

3. Section 13, “Nonassignability,” of the Agreement is amended to read:
“Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.

Notwithstanding the above, the CITY hereby consents to the subcontracting of services for the purposes of procurement, delivery, or application of SB 1383 compliant compost pursuant to Exhibit A.”

4. Exhibit A, “Scope of Services,” of the Agreement is hereby replaced in its entirety with the attached Exhibit A, incorporated by reference.

5. Exhibit B, “Payment Rates,” of the Agreement is hereby replaced in its entirety with the attached Exhibit B, incorporated by reference.

6. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 3 of 6
CAO Approved June 2024
IN WITNESS WHEREOF, CITY OF SAN MATEO and the Tuolumne County Resource Conservation District have executed this Amendment No. 1 on ___________________.

CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Lindsay Mattos
Its Authorized Agent
District Manager
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Tricia Peller
Administrator
Date
220 of 585
Contract Amendment Page 4 of 6
CAO Approved June 2024

EXHIBIT A

SCOPE OF SERVICES
In consideration of the payments set forth in this agreement, Contractor shall provide the following services:

Record Keeping & Reporting
o Contractor shall keep documentation proving that SB 1383 procurement credit attributed to the City of San Mateo under this agreement is solely for the use of the City of San Mateo and not claimed by any other entity or jurisdiction for their SB 1383 reporting.
o Contractor shall collect a release of liability waiver from all individuals who receive compost through the compost procurement and application program established under this agreement. Contractor shall provide all signed waivers to City of San Mateo upon request.
o Contractor shall collect a photo release form from all individuals who are photographed and who receive compost through the compost procurement and application program established under this agreement allowing the City of San Mateo to use photos taken under this agreement in public presentations, reports, or other outreach. Contractor shall provide all signed forms to the City of San Mateo upon request. o Contractor shall provide the City of San Mateo with all procurement records associated with this agreement and required for the City of San Mateo’s SB 1383 recovered organic waste procurement compliance recordkeeping and reporting upon request. 221 of 585
Contract Amendment Page 5 of 6
CAO Approved June 2024
Administration
o Contractor shall submit invoices quarterly.
o Each quarterly invoice shall be accompanied by a progress report, which shall include updates on the Contractor’s outreach, technical assistance, and compost procurement and application efforts completed during the reporting period. The progress report may also include images of compost application projects for the jurisdiction to use in public reports, presentations, or other outreach.
o Contractor shall submit a final report by June 30, 2025, summarizing all outreach, technical assistance, and compost procurement and application efforts completed through this agreement; all costs associated with the project; the SB 1383 procurement volume/weight (in tons) accredited to the City of San Mateo, and any other relevant information.

Additional Projects
o Contractor shall identify projects that help the City of San Mateo meet its SB 1383 recovered organic waste procurement requirements beyond compost procurement and application such as mulch procurement and application, composted mulch procurement and application, and/or other projects that help a jurisdiction to meet its procurement target. With written prior approval from the City of San Mateo and agreement from Contractor, Contractor shall carry out identified projects for this program if the cost of a project is comparable or less than compost application projects. Contractor shall collect a release of liability waiver and procurement records the City of San Mateo requires for its SB 1383 procurement compliance from all individuals or organization who receive any material through the program established under this agreement. 222 of 585
Contract Amendment Page 6 of 6
CAO Approved June 2024

EXHIBIT B

PAYMENT RATES
Compost procurement, delivery, and application not to exceed $60/ton. 223 of 585

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: 16 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 24-9323 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:

Wastewater Treatment Plant Biogas and Biosolids Evaluation — Agreement RECOMMENDATION:

Award a professional consulting services agreement with Brown and Caldwell for the Wastewater Treatment Plant Biogas and Biosolids Evaluation in an amount not to exceed $1,249,180; establish a contingency reserve of $426,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and execute any necessary amendments within the contingency amount.

BACKGROUND:

The Clean Water Program (CWP) Annual Major Components (AMC) Projects include several capital improvement projects that are currently under development or under construction and intended to upgrade or rehabilitate aging infrastructure at the portion of the City’s Wastewater Treatment Plant (WWTP) that will still remain in operation even after the new liquid treatment facilities are commissioned in 2025. The WWTP Biogas and Biosolids Evaluation (Project) is one of these projects, which will assess ways to improve the condition, reliability, operations, and maintenance of the City’s two anaerobic digesters and sludge storage tank, explore options for and feasibility of beneficial use of solids treatment byproducts (specifically biogas and biosolids), and analyze the impact on overall energy production and costs. The project includes several components which will culminate in an implementation plan and a capital improvement roadmap for future recommended projects.

The City has had to respond to and address deficiencies and improvements with the anaerobic digestion and solids handling system. A number of these past efforts have been short-term, reactive solutions to keep systems operational. A long-term, cost-efficient solution needs to be developed through this Project to maintain reliability, ease of operability, and redundancy of the digestion system.

In April 2022, staff issued a Request for Qualifications for on-call professional services, which included alternatives analyses and engineering studies, design services, bid period services, engineering services during construction, and 224 of 585

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operational support. In August 2022, City Council awarded two On-Call Consulting Services Agreements to Carollo Engineers and Brown and Caldwell.

In June 2024, staff provided Carollo Engineers and Brown and Caldwell a Request for Proposals to provide services for the Biogas and Biosolids Evaluation Study. In August 2024, staff received proposals for this work from the two firms. Staff evaluated the proposals and determined Brown and Caldwell as the best qualified consultant to provide the scope of work and expertise required for this Project. This study was previously envisioned to be issued under the existing On-Call Consulting Services Agreement with Brown and Caldwell; however, due to the cost of the study, a separate agreement is needed.

Staff negotiated a fee of $1,249,180 to complete the Project’s base scope of services, which includes general project management services; Digester 1 cleaning and assessment and subsequent design, bid period assistance, and construction phase services for recommended improvements; evaluations and field investigations of the solids processing facilities; and reporting.

The level of effort associated with completing evaluations and field investigations of Digester 1, Digester 2, and the sludge storage tank makes up about 40 percent (or $501,397) of the negotiated fee, primarily due to the challenges and complexity of safely inspecting inside of an egg-shaped confined space. The base scope of work includes an interior scaffolding approach for inspecting Digester 2, but not for Digester 1 or the sludge storage tank. With a scaffolding system erected, the consultant will perform ultrasonic testing, dry film thickness testing, and pit depth measurements inside Digester 2. Earlier this year, Council approved a separate contract for repairing/replacing the mixer inside Digester, which required Digester 2 to be taken out of operation; the other two facilities remain in operation. Staff incorporated the Digester 2 interior scaffolding in the base scope of work since it is not currently in operation. The approach to potentially utilize scaffolding to perform interior inspections of the other two facilities is discussed further below and strategically included as part of the requested contingency reserve.

The base scope and fee of this Project also includes assessing and reporting the utilization of biogas and biosolids for beneficial and economic use in response to evolving regulations and policies with respect to waste management, landfill disposal, and environmental protection. In addition, the new WWTP liquid treatment facilities that are under construction and will be operational next year will cause operational changes to the anaerobic digestion and solids handling system; the Project will analyze these changes and recommend optimizations to the systems. The Project will also evaluate the use of biogas to potentially offset the anticipated increase in operational electricity costs once the new WWTP liquid treatment facilities are commissioned. Grants, credits, and loans available from federal, state, and local programs to fund the recommended capital improvements will also be identified as part of the evaluation and reports. The results of the Project will be used to plan for future capital planning needs and define the scope of other WWTP projects.

Staff requests a contingency reserve to potentially include scaffolding installations to complete interior condition assessments for the sludge storage tank and Digester 1 facilities. These two facilities must remain operational while Digester 2 is being evaluated. It is critical to evaluate the interiors of these facilities; however, staff recommends a phased approach to evaluate the efficacy of using interior scaffolding during the Digester 2 evaluations, along with evaluating if alternate interior non-scaffolding approaches can be completed. Brown and Caldwell’s proposed fee to include interior scaffolding for the sludge storage tank and Digester 1 is conservatively estimated at $326,000. A future amendment will be required to support the interior evaluations of the other two facilities; if less expensive alternatives are not feasible, this $326,000 scope will need to be quickly amended into the agreement to not impact the schedule and minimize any period of time where solids processing facilities are out of operation. To address any other potential changes or unknowns, an additional $100,000 is also requested to be added. This recommended phased strategy requires a total contingency reserve of $426,000.

On agreements of this nature, Council has typically approved contingency reserves that equal 10 to 20 percent of the fee.

In this case, staff’s $426,000 contingency request is 34 percent of the fee. Establishment of this higher contingency reserve is recommended to provide staff the flexibility to evaluate alternate approaches to conduct interior evaluations of the 225 of 585

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other two facilities, while allowing a timely start of the base scope of services and timely execution of anticipated and required amendments to the scope and fee.

BUDGET IMPACT:

There are sufficient funds available in the CWP WWTP Annual Major Components (46t090) project account to fund this agreement and contingency reserve.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Thomas Ruark, Project Manager II
[email protected]
(650)522-7280
Deryk Daquigan, Deputy Director of Public Works
[email protected]
(650)522-7287
Matthew Fabry, Director of Public Works
[email protected]
(650)522-7303
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AGREEMENT WITH BROWN AND CALDWELL

FOR PROFESSIONAL CONSULTANT SERVICES

FOR BIOGAS AND BIOSOLIDS EVALUATION PROJECT
This agreement, made and entered into this day of _______________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", and Brown and Caldwell, a California Corporation with offices at P.O. Box 45208 San Francisco, CA 94145-0208 hereinafter referred to as "CONSULTANT":

RECITALS:

A. CITY desires certain professional services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF PROJECT
The scope of services to be performed by CONSULTANT under this Agreement is described in Exhibit A, Scope of Services, attached and incorporated by reference.

SECTION 3 - PROJECT COORDINATION/STAFFING

3.1 CITY
MATT FABRY, PUBLIC WORKS DIRECTOR, will be the representative of CITY for all purposes under this Agreement. THOMAS RUARK is hereby designated as the PROJECT MANAGER and shall supervise the day-to-day progress and execution of this Agreement.

3.2 CONSULTANT
CONSULTANT's services are unique and personal. CONSULTANT shall not assign or transfer its interest or obligation under this Agreement without the CITY's written consent. CONSULTANT shall not subcontract its duties under this Agreement without the CITY's written consent. 227 of 585
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CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. ANGELA MACKINNON is hereby designated as the PROJECT DIRECTOR for CONSULTANT.

CONSULTANT shall assign a PROJECT COORDINATOR to represent CONSULTANT during the day-to-day work on the Project. MARY LOU ROMERO is hereby designated as the PROJECT COORDINATOR for CONSULTANT.

CONSULTANT shall assign additional key personnel as follows:

Lexi Valent
Shouhreh Rouhani
Tracy Stigers
Alison Nojima
Natalie Sierra
Tom Chapman
Tyler Knight
Dan Gagne
Colin Casey
Dane Forsberg
Deanna Tanner
John Scannell
Michael Walkowiak
Ayad Jabir C
Nitesh Poladia
In addition, CONSULTANT is specifically authorized to subcontract with the following subconsulting firms to assist in providing the services required by this Agreement:

JDH Corrosion Consultants Inc.

CONSULTANT shall be responsible for employing or engaging all sub-consultants necessary for performance of the CONSULTANT’s scope of work. CONSULTANT shall manage, evaluate, and incorporate subconsultants work into the project as necessary.

SECTION 4 - INDEPENDENT CONTRACTOR
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
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SECTION 5 - DUTIES OF CONSULTANT
CONSULTANT's Services shall be furnished as described below and as more particularly described in Exhibit A, Scope of Services. Any changes in the Scope of Services must be approved in advance, in writing, by the Public Works Director.

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all studies, reports, designs, drawings, specifications, and other items furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its studies, reports, designs, drawings, specifications, and other items.

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

SECTION 6 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine all documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 7 - TERM, PROGRESS AND COMPLETION
The services to be performed under this Agreement shall commence and be completed as set forth in Exhibit B, Project Schedule.
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It is understood and agreed that time is of the essence of this Agreement. CONSULTANT agrees to perform the services within the time limits set forth in Exhibit B.

CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT's timetable.

Neither CITY nor CONSULTANT shall be considered in default of this Agreement for delays in performance to the extent caused by circumstances beyond the reasonable control of the nonperforming party.

SECTION 8 - PAYMENT
Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a base fee based on verified time and materials not to exceed $1,249,180. Requests for payments shall be itemized and correspond to the various items of work described in Exhibit A and shall be based on the rate and cost schedule set forth in Exhibit C.

CITY reserves the right to pay CONSULTANT not more than 95 % of the "not to exceed" amount until a 100% project review is complete and the CITY determines that 100 % of the project work is complete. 100 % project completion shall include completion of Tasks 1 through 4 as listed in Exhibit A.

CONSULTANT shall bill the CITY within thirty (30) days for all compensable activity on the project.

CITY shall pay CONSULTANT within thirty (30) days of receipt of billings. If CITY disagrees with any portion of a billing, the CITY shall promptly notify CONSULTANT of the disagreement, and the CITY and the CONSULTANT shall attempt to resolve the disagreement. CITY's payment of any amounts shall not constitute a waiver of any disagreement.
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SECTION 9 - CHANGES IN WORK
CITY may order changes in scope or character of work, either decreasing or increasing the amount of CONSULTANT's services by amending this Agreement. In the event that such changes are ordered, CONSULTANT shall be entitled to full compensation for all work performed prior to receipt of notice of change. In no event shall CITY be liable for payment unless the amount of such extra compensation shall first have been agreed to in writing by CITY.

SECTION 10 - CONFLICT OF INTEREST
CONSULTANT understands that its professional responsibility is solely to CITY. CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

CONSULTANT shall not knowingly, and shall take reasonable steps to ensure that, it does not employ a person having such an interest in the performance of this Agreement. If after employment of a person, CONSULTANT shall promptly remove the employee from the project and will engage the affected parties to determine the appropriate method of resolution, such as the creation of ethic walls to prevent the exchange of information between employees, project teams or offices.

1. Immediately discontinue all services affected (unless the notice directs otherwise); and

C. If, after any notice of termination for failure to fulfill agreement obligations, it is determined by a court or other arbitrator that CONSULTANT had not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, adjustment in the agreement price shall be made as provided in paragraph (B) of this section.
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D. CONSULTANT may terminate this Agreement or suspend work on the project upon sixty (60) days written notice to CITY, but only in the event of substantial failure of performance by CITY or in the event CITY abandons or indefinitely postpones the Project.

SECTION 12 - STATUS OF REPORTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and upon payment to CONSULTANT of undisputed amounts due, shall be the property of the CITY, whether the project for which they are made is executed or not. Any modifications or reuse of such documents for purposes other than those intended by the Agreement shall be at the CITY’s sole risk and without liability to CONSULTANT. All documents furnished to CONSULTANT by the CITY and all reports and supportive data prepared by the CONSULTANT in connection with the performance of this Agreement, upon payment to CONSULTANT of undisputed amounts due, are the CITY's property and shall be delivered to the CITY upon the completion of CONSULTANT's services or at the CITY's written request. All reports, information, data, and exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement are confidential until released by the CITY to the public, and the CONSULTANT shall not make any of these documents or information available to any individual or organization not employed by the CONSULTANT or the CITY without the written consent of the CITY before any such release. Notwithstanding the foregoing, CONSUTLANT shall have no confidential obligation with respect to information that: (i) becomes generally available to the public other than as a result of disclosure by CONSULTANT or its agents or employees; (ii) was available to CONSULTANT on a non-confidential basis prior to its disclosure by CITY; or (iii) becomes available to CONSULTANT from a third party who is not, to the knowledge of CONSULTANT, bound to retain such information in confidence.

SECTION 14 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY. 232 of 585
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SECTION 15 - INDEMNITY
Indemnity for Design Professional Services. CONSULTANT agrees to hold harmless and indemnify the City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, from and against any and all claims, loss, liability, damage, and expense to the extent arising out of CONSULTANT’s negligence, recklessness, or willful misconduct in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents against any such claims.

Indemnity for Activities Other Than Design Professional Services. CONSULTANT agrees to hold harmless and indemnify the City of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, from and against any alleged claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s active negligence or willful misconduct. CONSULTANT agrees to defend CITY of San Mateo and the Estero Municipal Improvement District, their elected and appointed officials, employees, against any such claims.

The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 17 - COSTS AND ATTORNEYS FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney’s fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 18 - NONDISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subconsultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. 233 of 585
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SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed upon service. The mediator shall be selected by a blind draw.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Thomas Ruark
City of San Mateo
Biogas and Biosolids Evaluation
City of San Mateo
2050 Detroit Drive
San Mateo, CA
To CONSULTANT: Brown and Caldwell
Attn: Angela MacKinnon
P.O Box 45208
94145-0208
SECTION 22 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENTS This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT. 234 of 585
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SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 25 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.

SECTION 26 - VENUE
In the event of litigation, venue will be in the County of San Mateo. [SIGNATURES PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and Brown and Caldwell has been duly executed by the parties hereinabove named, as of the day and year first above written.

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

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Date Rob Goodson
Corporate Secretary
Date
Attachments:

Exhibit A: Scope of Work
Exhibit B: Project Schedule
Exhibit C: Cost Schedule
Exhibit D: Insurance Requirements
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EXHIBIT A

SCOPE OF SERVICES
Brown and Caldwell will assist the City by providing the following scope of services for this project.

Task 1 – General Services
Task 1.1 Project Management and Progress Reporting
The objective of BC’s project management services will be to provide management of project schedule, budget in delivering the scope of services. BC’s project manager will be the primary point of contact and is responsible for managing staff resources, budget, and correspondence with the City’s project manager.

This task will include general project management activities, including team coordination, client communication, project schedule maintenance, and budget tracking and reporting.

BC’s project manager will prepare and submit monthly progress reports/invoices that include a narrative of the work completed by task, project action item log, upcoming work, project issues, budget and schedule status, percent complete, cost to complete, potential scope or budget changes, and other important project information. The monthly progress report will be submitted with the project invoice as part of the monthly request for payment. The invoices will document the hours and billing rates for staff for each task and direct costs. The current and previous billing period invoicing, as well as a summary of the budget spent, budget remaining, cost to complete, and backup documentation for expenses will be included.

As part of this task, a fieldwork safety plan and project management plan will be prepared for internal use.

Task 1.1 Deliverables:
• Up to seventeen (17) monthly invoices and progress reports (via email) • Meeting minutes for biweekly- coordination calls
Task 1.1 Assumptions:
• This scope assumes that the project duration will be seventeen (17) months. • BC’s project manager will conduct up to thirty-four (34) bi-weekly 30-minute coordination calls with the City’s Project Manager. Meeting will be held virtually using Teams.

Task 1.2 Quality Control
BC will develop a Quality Assurance/Quality Control (QA/QC) Plan for implementation of the Scope of Work. The QA/QC Plan will be submitted for review to the City Project Manager and will include or reference the control for implementation. QA/QC Plans will include detailed requirements for the review of fieldwork, including conducting the explorations, sampling, and sample custody and transport. QA/QC procedures for laboratory work will be included. Each submittal, or partial submittal of testing results will be accompanied by a written certification, signed by the BC’s Project Manager and the responsible individual from the applicable 237 of 585
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subconsultant, stating that the QA/QC procedures have been complied with for the information or submittal being delivered to the City. The QA/QC Plan will include identified controls for work and calculations prepared for the project and detailed requirements for field investigations.

Task 1.2 Deliverables:
• One draft and Final QA/QC plan (Word and PDF)
Task 1.2 Assumptions:
• City will provide comments two (2) weeks after draft QA/QC plan is submitted. • If concrete samples are collected, the laboratory processing the samples will provide their own written certification of results and description of QA/QC procedures. BC will not perform additional certification of testing results from a laboratory.

Workshops and Meetings
BC will prepare and submit to the City an agenda and meeting minutes for each formal meeting or workshop and hold progress meetings. The proposed list of workshops and meetings is:

1. Kick-off Meeting- Review the project goals and clarify scope and timing of digester cleaning. Includes initial presentation and discussion on construction sequencing and constraints, identifying decisions that need to be made in Workshop 2.

2. Digester Cleaning Planning Meeting (to support Task 2) – Workshop to plan the cleaning and condition assessment of the digestion system. Topics and decisions discussed will include digester cleaning and inspection sequencing, contractor’s points of connection and discharge, hauling and disposal requirements, as well as digester shutdown and startup requirements.

3. Digester Cleaning 90% Design Review Meeting (to support Task 2)

4. Condition Assessment and On-Site Interviews with Staff (to support Task 3) – Interviews with maintenance staff to understand condition of mechanical equipment for the digesters, heat loop, and biogas treatment. The site visit will include visual assessment of heat loop, biogas systems and digester instrumentation, only. Physical testing of equipment and instrumentation is not included.

5. Regulatory, Permitting, and Market Assessment Workshop (to support Task 4) – Workshop to present the findings from biosolids and biogas market assessment. Workshop will also present impacts of permitting and regulations on alternatives developed.

6. Screening and Evaluation Criteria Workshop (to support Task 4) – Workshop to develop fatal flaw screening criteria and non-economic criteria to be used in to evaluate the alternatives developed.

7. Technology Screening Workshop (to support Task 4) – Workshop to present fatal flaw screening of biosolids and biogas utilization technologies using the criteria developed in the previous workshop.

8. Initial Alternatives Evaluation Workshop (to support Task 4)

9. Refined Alternative Evaluation Workshop (to support Task 4)

10. Capital improvements plan (CIP) Roadmap and Implementation Plan Workshop (to support Task 4)
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Task 1.3 Deliverables:
• Workshop agenda, presentation materials and meeting minutes (Electronic Word and PDF)
Task 1.3 Assumptions:
• Travel time and other direct costs are included in the budget. • Workshops and meetings are assumed to be up to 2-hours duration each with hybrid virtual and in-person attendance for up to four (4) BC staff. City project manager (PM) will be responsible to invite the required City staff attendees. • Up to three (3) BC staff will conduct an on-site visit for on-site interviews. Site visit is assumed to be six hours in duration. See additional assumptions for the site visit under Task 3.

Task 2 – Digester 1 Cleaning Design, Bid Period Assistance, and Construction Phase Services
BC will develop bid documents that include figures and/or drawings and specifications for the Digester 1 Cleaning services prior to the condition assessment. BC will assist during the bid period and construction phase of the Digester 1 cleaning services. The specifications will include digester shutdown and startup sequencing constraints for the contractor.

Task 2.1 Bid Package Development
This task will include a digester shutdown and startup sequencing plan including the requirements and constraints for Digester 1 cleaning and, 90%, and 100% (bid) design submittals. Each design submittal will include drawings and technical specifications for digester cleaning. BC’s anticipated drawing list is provided in Attachment A. BC’s drawings will be annotated versions of existing drawings provided by the City from the Digester 1 project.

Budget for review workshops is included in Task 1.3.

Task 2.1 Deliverables:
90 Percent Design Package:
• 90 Percent drawings (see attached preliminary drawings list) (1 half-sized electronic PDF)
• 90 Percent specifications (1 electronic PDF)
• 90 Percent Sequencing Plan Document (1 electronic PDF) 100 Percent Design Package:
• Signed and sealed 100 percent design drawings (1 half-sized electronic PDF) • Signed and sealed 100 Percent specifications (1 electronic PDF copy and 1 electronic Word file)
• 100 Percent Sequencing Plan Document (1 electronic PDF) • Completed comment/response log addressing City’s comments on the 90 Percent Design Submittal (electronic format)
Task 2.1 Assumptions:
• The fee estimate is based on the anticipated list of drawings included in Attachment A. 239 of 585
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• City review comments will be coordinated and compiled in MS Word or Excel and provided to BC within 10 business days after receipt of submittal. City will resolve any conflicting review comments.
• The City will be responsible for preparing bidding documents and general contract specifications (“front end” documents, Divisions 0 and 1.) Specifications will be provided in Specifications Institute (CSI) Master Format Division 50. • Technical specifications (Divisions 2 through 50) will be developed using BC’s format, based on Construction Specifications Institute (CSI) Master Format Division 50. • The design documents will be prepared as a traditional design-bid-build project. • Drawings will be annotated versions of existing record drawings of Digester 1. BC will use City’s provided record drawings and field measurements, where appropriate. • Drawings will be developed using BC standards.
• Permitting services are not included.
• It is assumed that the City has cleaned Digester 2, removing and disposing of the grit found in the digester. Design package will not include Digester 2. • The design of Digester 1 repairs, if identified as part of the Digester 1 condition assessment findings, is not included in BC’s scope of work. • Construction cost estimates are not included in BC’s scope of work.

Task 2.2. Bid Period Assistance
BC will support the City during the bid period, which includes the following activities:
• One (1) staff from BC will attend in person and assist the City at the pre-bid meeting. BC will assist the City in preparing an agenda for the meeting. Pre-Bid Meeting will be led by the City and assumed to be a duration of three (3) hours:
- BC will provide responses to requests for information (RFI) from prospective bidders.

For budgeting purposes, it is assumed that up to twenty-five (25) hours total will be required to provide RFI responses.
- BC will assist the City with preparation of addenda. For budgeting purposes, it is assumed that up to one (1) addendum will be provided requiring ten (10) hours to complete.
- BC will assist the City with the bidder evaluation, including bidder’s responsiveness, licensing, references, and work experience.

Task 2.2 Deliverables:
• Responses to bidders’ RFI (electronic copy in Microsoft Word). • Addenda to specifications (electronic copy in Microsoft Word and PDF). • Addenda to drawings (electronic PDF).

Task 2.2 Assumptions:
• The City will advertise the construction bid and serve as the primary point of contact for all bidder inquiries.
• City will lead and prepare pre-bid meeting materials. • The City will manage the bidding and advertisements.
• The City will distribute bid documents and addenda.
• The City will lead all communications with prospective bidders. • BC will provide services up to the limit of task budget. Bid review is assumed to determine compliance with contract.
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• Conformed drawings are not included in the scope.

Task 2.3 Engineering Services During Digester Cleaning
BC will provide engineering services during the Digester 1 cleaning services. Engineering services to be provided during this task include attendance at meetings, submittal reviews, responses to RFI, design clarifications, support services during startup, and site visits. BC will provide services up to the limit of the Task budget.

Task 2.3.1 Request for Information
BC will provide a written response to RFIs on an as requested basis on RFIs transferred to BC by the City’s Construction Manager. BC will provide a written response on a response sheet and return the response sheet to the City’s Construction Manager. BC will complete review of the RFI, provide response, and return response within 10 calendar days after BC’s receipt of RFI. If the response cannot be completed within this period, BC will notify City’s Construction Manager and provide reason for delay prior to the end of the specified period. RFI documentation transmitted to BC and responses transmitted back to the City Construction Manager will be electronic via email or file share link.

The City’s Construction Manager will screen RFIs for form, completeness, and general content conforming to that specified in the Contract Documents before transmitting them to BC.

BC’s budget for this task is based on reviewing sixteen (16) RFIs at an average effort of five (5) hours per RFI. BC will provide services up to the limit of the Task budget.

Task 2.3.2 Submittals
BC will provide written review comments for submittal’s transferred to BC by the City’s Construction Manager, BC will provide submittal reviews on a review comment sheet to the City’s Construction Manager. Submittal documentation transmitted to BC and responses transmitted back to the City’s Construction Manager will be electronic via email or file share link. Submittal review does not include marking up or returning hard copies of submittals.

BC will review the submittal, provide comments, and return the review comment sheet within 15 workdays for normal submittals, and in accordance with the contract documents, after BC’s receipt of submittal. If for any reason the review cannot be completed within this period, BC will notify City’s Construction Manager and provide reason for delay prior to the end of the specified period.

The City’s Construction Manager will screen all submittals for, completeness, and general content conforming to that specified in the Contract Documents before transmitting them to BC. Examples of submittals to be reviewed by BC include technical product data, shop drawings, samples, test results, and operations and maintenance manuals. BC’s submittal review is to determine compliance with the Contract Documents. Submittal review is not intended as acceptance of work. The review is not intended to relieve the Contractor of his or her full responsibility for performance as required by the Contract Documents.

BC’s budget allowance for this task is based on reviewing six (6) submittals requiring an average effort of eight (8) hours per submittal and two (2) resubmittals requiring an average effort of two (2) hours per submittal. BC will provide services up to the limit of the task budget. 241 of 585
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Task 2.3.3 Design Clarification Memoranda and Change Order Support BC will issue Design Clarification Memoranda (DCM) on an as requested basis as requested in writing from the City’s Construction Manager. BC will provide a written clarification on a DCM (including specifications, sketches) and issue the DCM to the Construction Manager.

DCM will be issued to 1) clarify Contract Documents, 2) if modifications to the Contract Documents are desired by the City, or 3) to assist the Construction Manager with the preparation of contract change order requests. Cost estimates for DCMs and change orders are not included in the scope. Scope assumes Construction Manager will prepare formal change order requests.

BC will provide up to 8 hours of DCM and change order support. DCM and Change order support documentation will be delivered via email to the Construction Manager.

Task 2.3.4 Meetings and Site visits
BC will attend weekly recurring construction meetings via teleconference. Budget allowance is based on virtual attendance of one (1) BC team member. Meetings are assumed to occur weekly for a duration of one (1) hour. Construction is assumed to be 2 months in duration.

Meeting documentation will be the responsibility of others.

BC will periodically visit the Project site at the written request of the City. BC’s budget allowance is based on four (4) site visits. Site visits are budgeted at 6 hours each, which includes travel time.

Task 2.3 Deliverables:
• Responses to RFIs (electronic PDF)
• Responses to Submittals (electronic PDF)
• DCM (electronic PDF)
Task 3– Evaluations and Field Investigations
BC and subconsultant (JDH Corrosion Consultants, Inc, JDH) will perform a condition assessment of the existing anaerobic digestion system and ancillary systems based on available as-built and record drawings, historical data, reports, and observations. Condition assessment results and recommended improvements will be documented in a technical memorandum (TM) as part of Task 4.

BC will conduct a desktop review of the existing unit processes and associated equipment. BC will submit a request for information via email. BC will review provided record drawings, reports, maintenance records, and historical operating data prior to a site visit. BC will prepare forms to document a condition assessment of existing assets such as the heat loop, biogas systems, and digester level instruments during a one-day site visit. The site visit will include three (3) BC staff for a duration of 8-hours. During the site visit, BC will conduct staff interviews with the City maintenance staff to obtain feedback on the systems that may support the condition assessment and to understand equipment capacity.

Unit processes to be evaluated include:
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• Visual observation of the Digesters 1 and 2 exterior, including insulation (performed by BC’s subconsultant).
• Visual observation of the Digesters 1 and 2 internal coatings (performed by BC’s subconsultant).
• Internal inspection of Digester 2 (performed by BC’s subconsultant (JDH), see paragraph below for additional information)
• Visual evaluation of Digester 2 electrical components and condition of conduits exiting the gallery.
• Visual and desktop evaluation of the existing digester mixers. The results of the recent SPX inspection will be incorporated in BC’s recommendations. • Visual observation of the exterior and interior Sludge Storage Tank (performed by BC’s subconsultant).
• External observation of gas and hot water piping. Ultrasonic thickness (UT) testing will be performed at up to ten (10) locations.
• Visual observation and desktop evaluation of the heat loop, including the boiler, hot water loop (pumps, valves, piping, and instrumentation and heat exchangers. • Visual observation and desktop evaluation of biogas treatment system, digester gas storage system, waste gas burner, and biogas treatment system feed to the boiler. • Visual observation and desktop evaluation of digester level instruments including existing pressure transducers.
• Visual observation of valves and penetrations on top of the digesters. • Visual observation of flame arrestors.

BC’s subconsultant (JDH) will perform the visual observation of the digesters and Sludge Storage Tank. Field assessment of the digesters and Sludge Storage Tank by BC’s subconsultant (JDH) will be conducted in three separate mobilizations, pending timing of digesters cleaning.

Visual inspection is nondestructive, will include interior and exterior inspection of the surfaces of the digesters and Sludge Storage Tank and document viewed defects, such as, cracks, pits, deformations, and coating failures. Photographic documentation will also be recorded and included in a report. Visible inspection is limited to areas visible from the identified entry point.

It is assumed that BC’s subconsultant (JDH)will install scaffolding inside Digester 2 for use in internal inspection of the digester. With a scaffolding system erected, BC’s subconsultant (JDH) will perform UT testing, dry film thickness testing and pit depth measurements inside Digester 2.

BC will evaluate other options for internal condition inspection of the digesters and the City may revisit the scope at a later time.

Results from the site investigation and condition assessment effort will be incorporated into Task 4 when developing alternatives.

Task 3 Deliverables:
• Email summary after process mechanical and electrical inspection (electronic), final results TM is included in Task 4 deliverables.
• Results of digester condition assessment test results in a memo completed by JDH, including a figure indicating the location(s) of where the UT tests was performed, if scaffolding is installed. (electronic).

Task 3 Assumptions:
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• Information provided to BC by the City will not be reviewed by BC for quality or accuracy and will be used as provided.
• Sludge heating recirculation piping and loop will not require a condition assessment (active construction project).
• Buried infrastructure will not be assessed.
• CFD modeling will not be performed for the digester mixers • BC will estimate useful life of major equipment based on industry standards. • City staff will be responsible for opening and closing valves, providing access to equipment.
• Seismic evaluations are not included in the assessment. • City will provide cutsheet and submittal data for all equipment to be assessed. • City will provide an asset list and maintenance history for all equipment to be assessed. • City will provide data from Digester 1’s corrosion system. • City will accompany BC during the site visit and be available for questions to assist with the assessment.
• Condition assessment of existing assets will be based on visual observation of the portions of the assets that can be viewed without removal of it or other equipment. • BC’s subconsultant (JDH) will provide confined space entry supervision and rescue for entrance to the digesters and sludge storage tank.
• BC’s subconsultant (JDH) will provide equipment for confined space entry such as safety harness, davit, tripod, retrieval ropes, fans, radios, multi-gas meters, and appropriate PPE for digesters and Sludge Storage Tank.
• Access to digester, heat loop, and biogas system mechanical equipment will not require confined space entry.
• Permitting is not expected as part of this task.
• Concrete sampling of the Sludge Storage is not included in this task. • Three (3) mobilizations will be needed for the visual condition assessment of interior of Digesters 1 and 2, and the Sludge Storage Tank performed by BC’s subconsultant. • Budget assumes that for Digester 2, Subconsultant will install scaffolding and perform UT testing at every quadrant and spaced every 20 feet vertically inside each digester. BC will evaluate other options for internal condition inspection of the digesters and the City may revisit the scope at a later time.
• The digester mixers will be removed by the digester cleaning Contractor. • Exterior digester insulation will remain intact and will not be cut. • Cleaning and purging of the Sludge Storage Tank will be City’s responsibility. • BC will visually inspect the external portions boiler and heat exchanger. Equipment will not be taken apart or moved for inspection.
• City is responsible for lockout/tagout procedures.
• City will provide access for condition assessment effort. • It is assumed that Digester 2 has already been cleaned and purged by the City and ready for internal inspection.
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• If the field investigation is delayed by the City or unsafe weather conditions, BC may require additional project management budget due to the extended schedule.

Task 4– Reporting
BC will prepare technical memoranda that summarizes inspection results, digestion and biogas alternatives, alternative screening and evaluation methodology, and an implementation plan. These technical memoranda will be combined into a final report.

Task 4.1 Digestion System Inspection TM
BC will provide a TM summarizing the condition assessment (Task 3) of the anaerobic digestion system, observations, and results. The TM will document observations and recommendations from the site visit, inspections, and condition assessment. A workshop (Task 1.3) will be conducted to review preliminary results and identified rehabilitation and improvements, and the City will provide feedback. Evaluation and criticality criteria will be established during the workshop to provide a basis for the identified improvements. BC will incorporate feedback from the City and provide a final TM.

Task 4.1 Deliverables:
• One draft and Final Digestion System Inspection/Condition Assessment TM (Electronic Word and PDF)
• Documentation obtained as a result of condition assessment and inspections from Task 3 (Electronic PDF)
Task 4.1 Assumptions:
• BC will build upon the subconsultant (JDH)’s condition assessment report and identify structural rehabilitation recommendations of the digesters. • BC will summarize identified improvements regarding the process mechanical and electrical equipment (condition of the equipment will be documented in field notes included as an attachment).
• City review comments will be coordinated and compiled in MS Word or Excel and provided to BC within 10 business days after receipt of submittal. City will resolve any conflicting review comments.

Task 4.2 Flows and Loads Projections
BC will develop flows and loads projections for the solids and biogas processes. BC will request and review historical data and future growth projections to estimate future biosolids and biogas projections, characteristics, and volumes for use in the BC:SWEET model Task 4.5.

Projections will be developed prior to a workshop for review and feedback by the City.

BC will review the provided existing solids process information and establish baseline operations and unit process performance. Flow and load projections will be developed for use in evaluating future technologies and capacities for biosolids handling. BC will evaluate process capacities using projected flows and loads. Findings from this task will help establish the baseline conditions for the BC:SWEET modeling.

BC will produce a TM to document the flows and loads and capacity evaluation for the solids.

Task 4.2 Deliverables:
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• One Draft and Final Flows and Loads and Capacity Evaluation TM (electronic word and PDF)
Task 4.2 Assumptions:
• City will provide three (3) years of historical data including solids production, wastewater influent concentrations and population growth projections. • City will provide three (3) years of historical data for both before and after operation including thickening performance, digester performance, biogas production, natural gas utilization, dewatering performance, and biosolids production. • City will provide three (3) years of monitoring data, including fecal coliform, volatile solids, time, biogas content, temperature, total nitrogen, ammonia, total phosphorus, and heavy metals.
• Information provided to BC by the City will not be reviewed by BC for quality or accuracy and will be used as provided.
• City will provide unit process information and equipment sizing in the form of specifications, drawings, or photos.
• BC will begin this task after biological nutrient removal project is in operation for a minimum of 2 months. City will provide the data listed above. • City will provide a consolidated set of comments 10 business days after submittal of the draft TM for review.

Task 4.3 Capacity Evaluation
Using the developed current and projected flows and loads established in Task 4.2, BC will evaluate the following and consider if or when additional capacity is needed:
• Capacity of the existing solids treatment units, including primary and secondary sludge pumping capacity, digesters, sludge thickening, and sludge dewatering. • Digester gas production, boiler capacity, and capacity of flares. Air permit limitations will also be reviewed.

BC will present the results from Tasks 4.2 and 4.3 in a workshop. The workshop will review the flows and loads and capacity evaluations following delivery of the draft TM from Task 4.2.

Deliverables:
• Workshop agenda, presentation materials and meeting minutes (Electronic Word and PDF)
Task 4.3 Assumptions:
• Information provided to BC by the City will not be reviewed by BC for quality or accuracy and will be used as provided.
• Capacity evaluation of process piping such as digester gas, digested sludge or hot water, is not included.
• Travel time and other direct costs are included in the budget. • Workshops is assumed to be up to 2-hours duration each with hybrid virtual and inperson attendance for up to four (4) BC staff. City PM will be responsible to invite the required City staff attendees.
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Task 4.4 Alternatives Development TM
BC will develop alternatives for the City’s anaerobic digestion system and biogas utilization, which may include a combination of the following:
• Improvements recommended to maintain reliability and operability of the digestion system and correct damage and deficiencies observed in Task 3. • Digester mixer replacement alternatives that are supported by the manufacturer. • Co-Digestion Improvements – As determined by this project’s Market Assessment (Task

4.4.1), BC will determine the feasibility of feedstock-receiving infrastructure. • Upgrading biogas to renewable natural gas (RNG) and injecting back into the Pacific Gas and Electric (PG&E) natural gas grid.
• Utilizing treated biogas to feed the WWTP’s heating and offset natural gas demands. • Internal Combustion Engines.
• Microturbines.
• Biosolids processing improvements to achieve Class A product:
- Thermal hydrolysis process
- Thermal drying
- Thermophilic digestion
The following subtasks (4.4.1 to 4.4.3) describe BC’s approach to document the technical feasibility and risks of implementation (or non-implementation) for the alternatives developed.

The findings from Tasks 4.4.1 to 4.4.3 will be documented in a TM summarizing the anaerobic digestion and biogas utilization alternatives, market assessment, regulatory and permitting requirements, and economic benefits/impacts.

Task 4.4 Deliverables:
• One draft and Final Alternatives Development TM summarizing Tasks 4.4.1 to 4.4.3 (Electronic Word and PDF)
Task 4.4 Assumptions:
• City and BC will finalize and document the alternatives (up to 8 biosolids and up to 3 biogas) selected in a workshop using in final meeting minutes. Draft meeting minutes will be presented to the City, and final meeting minutes will incorporate comments from the City.
• City review comments will be coordinated and compiled in MS Word or Excel and provided within 10 business days after receipt of submittal. City will resolve any conflicting review comments.
• BC will update previously conducted biosolids end use market surveys conducted in the area within the past year. Services do not include new outreach to service providers. • BC will not conduct outreach to potential fats, oils and grease (FOG) or food waste haulers to identify available feedstock volumes. Characterization of feedstock (such as %VS, % TS, COD) will be based on industry experience.

Task 4.4.1 Market Assessment
BC will perform a market assessment for biogas and digester co-digestion feedstocks. The analysis will include:
• Evaluating biogas value as electricity, heat, and RNG, taking into account technology efficiency
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• The feasibility of implementing a food waste/organic slurry/fats, oil and grease receiving program and potential quantities of materials based on available digester capacity.

Additional biogas generated will be considered as part of the biogas utilization alternatives economic assessment (Task 4.4.4)
• Review regulations applicable to potential end uses for biosolids alternatives and current regulatory trends. The review will document regulatory changes and impacts on current and future solids handling practices, including key dates for regulatory compliance, enforcement, and critical decisions for potential changes to City’s biosolids handling practices.

BC will present the current state of the end use market in the region leveraging previously conducted market surveys conducted in the area. The findings of this effort will be presented in a workshop (budgeted in Task 1.3) prior to conducting the screening and alternatives analysis. BC will conduct a review of the commercial market for biosolids products. The review will include:
• Renewable Energy Credits (REC), Renewable Identification Numbers, and carbon offsets, as they relate to renewable energy production, including considerations for Western Renewable Energy Generation Information System (WREGIS) and the REC marketplace
• Identification of beneficial biosolids use goals, opportunities, and demand for Class A biosolids.
• Evaluation of current and projected future regional competition for Class A and Class B biosolids markets. The benefits of a Class A biosolids product will be documented.

Task 4.4.2 Regulatory and Permitting Assessment
BC will conduct a review of regulations applicable to potential end uses for biosolids alternatives and current regulatory trends. The review will document regulatory changes and impacts on current and future solids handling practices, including key dates for regulatory compliance, enforcement, and critical decisions for potential changes to City’s biosolids handling practices. BC will determine potential permits and regulations associated with the improvement alternatives, including:
• Bay Area Air Quality Management District exhaust emissions requirements for up to three (3) biogas utilization and new co-digestion facility. • California Department of Food and Agriculture inedible kitchen grease for co-digestion program.
• Evolving regulations, particularly regulatory impacts related to organic waste diversion from landfills (SB 1383) and possible impacts resulting from per- and poly- fluoroalkyl substances in biosolids will be considered. REC, Renewable Identification Numbers, and carbon offsets, as they relate to renewable energy production, including considerations for WREGIS and the REC marketplace.

Task 4.4.3 Economic Assessment
BC will identify economic costs and benefits of implementing digestion system improvements, co-digestion program, and biogas utilization alternatives. Lifecycle costs will be estimated the alternatives chosen by the City in the Technology Screening Workshop, inclusive of capital cost, ongoing operations and maintenance costs, and avoided costs (electricity, natural gas) or revenues (renewable identification numbers, RNG). BC will estimate capital costs of projects 248 of 585
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based on other similar recent projects and adjusted for escalation. BC will identify possible grants, credits, and loans available from federal, state, and local programs such as the Inflation Reduction Act, Self-Generation Incentive Program, Renewable Fuel Standard, Renewable Electricity Certificates, California Energy Commission and Low Carbon Fuel Standard.

The scope assumes up to eight (8) biosolids alternatives (including co-digestion) and up to three (3) biogas utilization alternatives.

Task 4.4.4 Screening and Evaluation Criteria
BC will work with the City to develop both screening criteria and evaluation criteria. The screening criteria, or fatal flaw criteria, will be used to determine which solids treatment and biogas utilization technologies will be carried forward to the alternatives analysis. The evaluation criteria will include both economic and non-economic criteria will supplement the decision-making process and will be used to rank alternatives.

BC will perform the technology screening and confirm the shortlist of viable options to further evaluate in Task 4.5. The shortlisted alternatives will be confirmed with the City in the Technology Screening Workshop (budgeted in Task 1.3).

The screening evaluation will include:
• Technical overview of each alternative
• Advantages and disadvantages of each alternative
• Reliability considerations, including possible specialized training/expertise required for operation
• O&M considerations
• Regulatory considerations
• Potential to leverage outside funding sources (e.g., grants) • Where appropriate, best-in-class examples of other facilities that use the alternative technology
BC will work with the City to develop evaluation criteria that will be used to rank the shortlisted alternatives in Task 4.5, Alternatives Analysis and Implementation. The preliminary list of non-economic criteria will be developed and presented as part of the Screening and Evaluation Criteria workshop (budgeted in Task 1.3). The City will provide feedback on the relative importance of the criteria and their prioritization in the overall decision-making process. The goal of this workshop is to establish clear evaluation criteria and confirm the methodology with all City stakeholders, which will be used to screen and rank the digestion and biogas alternatives.

Non-economic criteria will consider social and environmental impacts such as odor potential, energy resiliency, air emissions, traffic, consumption of non-renewable resources, offsets of non-renewables through biosolids, residuals or biogas beneficial use, etc. Evaluation criteria may also include operational considerations such as reliability, flexibility, ease of operation, maintenance requirements, regulatory risks, etc.

Task 4.5 Alternatives Analysis and Implementation Plan
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Evaluation Tool (BC:SWEET). The BC:SWEET tool facilitates an integrated and comprehensive approach to biosolids and energy planning that considers capital and O&M costs, from solids processing through final disposition of biosolids, to develop lifecycle costs. It also simplifies “what if” scenario analyses that allows the City to understand tradeoffs of various options easily.

The 20-year NPV analysis will reflect the lifecycle cost of the alternative and include capital, operating and maintenance costs, and revenue or cost savings. Initial alternatives will be ranked using the economic and non-economic evaluation criteria developed in conjunction with the City. The alternatives evaluation will consider alternatives and/or combinations of alternatives with production of Class A and/or Class B biosolids. Regulatory and permitting constraints will be considered during this evaluation. Sensitivity to tipping fees, market conditions, and electricity costs will be assessed, and findings will be presented to the City. BC will provide a recommended alternative or combination of alternatives based on the ranking and screening criteria. Of the alternatives developed, up to three (3) biosolids alternatives and one (1) biogas utilization alternative will be selected for more detailed refinement during the Initial Alternatives Evaluation Workshop.

The three (3) selected solids alternatives and one (1) biogas utilization alternative will then be further developed to identify: facility site layouts, facility needs (including electrical impacts), potential funding opportunities process, capital costs based on vendor budgetary proposals, flow diagrams, impacts on downstream and upstream processes. BC will develop a Planning Level (AACE Class 5) opinion of probable construction costs for the 3 + 1 alternatives and recommended facilities, inclusive of engineering, project management, construction management, construction costs, escalation, and contingencies.

A 10-year phasing and implementation plan for the 3 + 1 alternatives will be developed based on the time- lines and triggers developed under the planning level assumptions. Noneconomic criteria will be applied to differentiate and rank amongst alternatives. The three refined alternatives will be presented in the Refined Alternatives Evaluation Workshop with the City to identify the preferred alternative and plan.

Task 4.5 Deliverables:
• One draft and Final Alternatives Analysis TM (Electronic Word and PDF) Task 4.5 Assumptions:
• BC will use its proprietary BC:SWEET model. A summary of model input and output will be provided in the TM. The model (software) is BC intellectual property and will not be provided to the City This assumption holds for all phases in this scope. • City and BC will finalize and document the alternatives decided for refined alternatives analysis in final meeting minutes. Draft meeting minutes will be presented to the City, and final meeting minutes will incorporate comments from the City then be sent to the City.
• The City will provide a soft cost factor with BC to be applied to the construction cost estimates, contributing to the total project cost.
• NPV will capture 20-year life cycle costs.
• Draft and final TM will be submitted electronically in PDF format. • City review comments will be coordinated and compiled in MS Word or Excel and provided within 10 business days after receipt of submittal. City will resolve any conflicting review comments.
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Task 4.6 Final Report Preparation
BC will develop a capital improvements implementation plan for the selected alternative. This planning roadmap will identify possible CIP projects based on results from the condition assessment and biosolids and biogas alternatives evaluation, include a recommendation for a co-digestion program, funding timelines, and integrate any regulatory and market triggers. BC will lead a workshop to solicit feedback on the draft CIP plan prior to finalization.

BC will provide a final report, which will include the following:
• The vision for biogas utilization and potential energy recovery • The combined technical memoranda produced in Task 4
• An executive summary of all technical memoranda
• CIP roadmap
Task 4.6 Deliverables:
• One draft and Final Biosolids and Biogas Capital Improvements Implementation Plan Report (Electronic Word and PDF)
Task 4.6 Assumptions:
• Draft Report will be submitted to the City ahead of the Workshop. • BC will include TMs from other phases identified in this amendment as attachments to the Capital Improvement Implementation Plan TM. These TM attachments will be referenced, as necessary, to complete the Capital Improvement Implementation Plan TM.
• City review comments will be coordinated and compiled in MS Word or Excel and provided within 10 business days after receipt of submittal. City will resolve any conflicting review comments.
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EXHIBIT B

PROJECT SCHEDULE
The project schedule is approximately 17 months.
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EXHIBIT C

COST SCHEDULE
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EXHIBIT D

INSURANCE REQUIREMENTS

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

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

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

Waiver of Subrogation
Except for professional liability, CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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: 17 Section Name: CONSENT CALENDAR Account Number: 21-4678 File ID: 24-9217 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:

Public Works EV Street Sweeper — Purchase
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve a purchase contract with Terry Equipment, Inc. for the purchase of one new EV Street Sweeper in the amount of $884,403.88; establish a contingency reserve in the amount of $50,000; and authorize the Public Works Director to execute the purchase contract in substantially the form presented.

BACKGROUND:

The Public Works Field Maintenance Division is responsible for 200 miles of City streets, and a critical maintenance function is regular street cleaning. Regular street cleaning creates a safer environment for the community, removes litter, and reduces airborne pollutants and allergens. The City currently operates two diesel-powered street sweepers and conducts regular cleaning of the entire City streets infrastructure on a weekly schedule.

As part of our Green Fleet transition, staff consistently explore electric alternatives during the procurement process and aim to replace vehicles with battery electric or alternative-fueled technologies whenever possible. The Public Works Field Maintenance Division requests to replace one aging diesel street sweeper with a modern battery electric version. This new battery electric sweeper will provide the same level of service currently enjoyed by the San Mateo community, performing these duties with zero emissions while reducing airborne pollutants, allergens, and noise levels.

Through rigorous testing of available models, staff has selected the Global R4 EV Regenerative Air Sweeper. This model outperformed the competition and is the only EV unit in its class to offer a vacuum-style system, which ensures a higher standard of debris, airborne pollutant, and allergen removal. Other Bay Area municipalities and Caltrans have successfully implemented daily street sweeping operations with Global Battery Electric Street Sweepers.

The City has applied for and been awarded a Transportation For Clean Air Grant by the City/County Association of Governments of San Mateo County (C/CAG). On November 18, 2024, City Council will also be recommended to approve acceptance of the Transportation For Clean Air Grant in the amount of $254,293.33 for this Electric Street Sweeper project to support the purchase of the Global R4 EV Street Sweeper.

Staff utilized Sourcewell pricing through Terry Equipment, Inc. for the purchase of the Global R4 EV Street Sweeper.

Through this pricing structure, the City realizes cost savings off manufacturer’s suggested retail price. San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City. Sourcewell is a government organization that solicits, receives, and reviews competitive bids for various specialty equipment, including the Global R4 EV Street Sweeper. Sourcewell has conducted competitive public bids to select vehicle vendors to achieve competitive pricing and has selected Terry Equipment, Inc. The 259 of 585

CITY OF SAN MATEO
City may rely on bids obtained from Sourcewell because it has solicited, received, and reviewed competitive bids for the desired Global R4 EV Street Sweeper through its cooperative purchasing program. Based on the above, staff recommends the purchase of this Global R4 EV Street Sweeper from Terry Equipment, Inc.

A quote of $884,403.88 to procure the EV Street Sweeper is included in the purchase agreement. A contingency reserve is being requested to address any price fluctuations from market instability that may occur between the time the original quote was submitted to the time the contract is executed.

BUDGET IMPACT:

Funding in the amount of $254,293.33 will be provided by a C/CAG awarded Transportation for Clear Air grant accepted and appropriated by Council at the November 18, 2024 Council Meeting. If approved, these grant funds will reduce the City’s cost to $630,110.55. If the acceptance of the grant funding is not approved, the total cost for the City will be $884,403.88. There is sufficient funding in the Solid Waste Fund to cover either cost for the City listed above.

As payment for the sweeper is due upon delivery, which is currently estimated to take 52 weeks, the appropriation from the Solid Waste Fund will be incorporated into the FY 2025-26 Operating budget as part of the budget development process.

ENVIRONMENTAL DETERMINATION:

This purchase is not a project subject to CEQA, because it can be seen with certainty that the purchase and deployment of EV Street Sweepers will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Purchase Contract

CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
APPROVE AN ALTERNATIVE PURCHASING PROCEDURE FOR THE PURCHASE OF ONE (1) NEW GLOBAL R4 EV STREET SWEEPER WITH TERRY EQUIPMENT, INC. IN THE AMOUNT OF $884,403.88 WHEREAS, the City Council is being asked to award a contract for the purchase of one (1) new Global R4 Street Sweeper in the amount of $884,403.88; and
WHEREAS, the Global R4 Street Sweeper with the specifications and capabilities meet the requirements of the City; and
WHEREAS, the City has applied for and received a Transportation For Clean Air Grant awarded by the City/County Association of Governments of San Mateo County (C/CAG) for the procurement of an electric street sweeper; and
WHEREAS, on November 18, 2024 the City Council approved the acceptance of C/CAG award of Transportation For Clean Air Grant in the amount of $254,293.33 for the purchase of one (1) new Global R4 Street Sweeper; and
WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contacts of $100,000 or more; and
WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures when it is in the best interest of the City; and WHEREAS, Sourcewell (formerly NJPA) offers services to make the government procurement process more efficient through cooperative purchasing: and
WHEREAS, use of Sourcewell – Contract #093021-GEP offers competitive pricing for Global R4 Street Sweeper; and
WHEREAS, Terry Equipment, Inc. is the sole authorized dealership in Northern California for the Global R4 Street Sweeper; and
WHEREAS, Terry Equipment, Inc. is agreeable to fulfilling Sourcewell - Contract #093021-GEP for the Global R4 Street Sweeper; and
WHEREAS, based on these circumstances, staff recommends approval of the purchase of one (1) new Global R4 Street Sweeper from Terry Equipment, Inc. because it is in the best interest of the City without standard competitive bid practice.

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

1. The purchase of one (1) new Global R4 Street Sweeper is not a project subject to CEQA because purchase and deployment of an EV Street Sweeper is an activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

2. In accordance with Municipal Code Section 3.60.070(h)(3), the purchase of one (1) new Global R4 Street Sweeper from Terry Equipment, Inc. based on pricing from Sourcewell is in the City’s best interest for these reasons:
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a. The Global R4 Street Sweeper is the sole manufacturer for the Public Works Field Maintenance Division’s desired vehicle; and
b. Sourcewell competitively bid the contracts to provide the listed vehicle and Global R4 Street Sweeper was selected; and
c. The City has obtained competitive pricing for one (1) Global R4 Street Sweeper through Sourcewell – Contract #093021-GEP which will be fulfilled by Terry Equipment, Inc.

3. The procedure utilized by staff to obtain Sourcewell – Contract # 093021-GEP for the purchase of one (1) Global R4 Street Sweeper from Terry Equipment, Inc. is approved in accordance with Municipal Code Section 3.60.070(h)(3).

4. The purchase of one (1) new Global R4 Street Sweeper in the amount of $884,403.88, with a contingency reserve in the amount of $50,000, is approved.

5. The Public Works Director is authorized to execute the purchase contract in substantially the same form on behalf of the City.
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Purchase Contract for Goods Page 1 of 8
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PURCHASE CONTRACT

FOR PURCHASE OF EV STREET SWEEPER
FROM TERRY EQUIPMENT, INC.

This Purchase Contract (“Contract”), made and entered into this day of ___________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and TERRY EQUIPMENT, INC., a Corporation (“VENDOR”).

RECITALS:

A. CITY desires to purchase an EV Street Sweeper as hereinafter described.

B. CITY desires to engage VENDOR to provide these EV Street Sweeper by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - PURCHASE
The goods to be purchased from VENDOR under this Contract are described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation.

This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.

All shipments shall be F.O. B. City of San Mateo Corporation Yard 1961 Pacific Blvd. San Mateo Ca. 94403. Transportation charges shall be shown as a separate item on the invoice.

SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims. The VENDOR’S duty to indemnify shall survive expiration or early termination of this Agreement.
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SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
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SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.

SECTION 18 - MEDIATION
Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.
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The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

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

To CITY: Daniel Heffelfinger,
Fleet Services Supervisor
City of San Mateo
1961 Pacific Blvd.

San Mateo Ca. 94403
To VENDOR: Terry Equipment, Inc.

Attn: Russell Dysard
4 Wayne Court,
Sacramento CA 95829
SECTION 21 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and VENDOR. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and TERRY EQUIPMENT, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Matt Fabry
Public Works Director
Date Russell Dysard
Northern Area Manager
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
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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: 18 Section Name: CONSENT CALENDAR Account Number: 21-4678 File ID: 24-9168 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:

Transportation Fund for Clean Air Grant — Grant Acceptance and Budget Appropriation RECOMMENDATION:

Adopt a Resolution to accept and appropriate City/County Association of Governments of San Mateo County’s Transportation Fund for Clean Air (TFCA) Grant funding in the amount of $254,293.33 to the San Mateo EV Street Sweeper Replacement Project; approve the 2024-2025 TFCA Funding Agreement with the City/County Association of Governments; and authorize the City Manager to execute all required grant documents in substantially the form presented.

BACKGROUND:

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

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

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

On July 15, 2024, City Council approved a resolution to apply for C/CAG’s TFCA Grant program to replace a diesel street sweeper with a battery electric street sweeper, which has an estimated total purchase cost of $884,403.88.

The funds will help fund the replacement of an existing diesel-powered street sweeper with a cleaner, quieter, and PM-10 (pollution reduction) compliant battery electric street sweeper. This change will have a significant positive effect on the environment for the San Mateo community and beyond. It will directly reduce pollution in the forms of carbon dioxide, hydrocarbons, nitrogen oxides, dust, and pollen, while significantly reducing noise pollution from street sweeping/cleaning operations. This initiative aligns with local, regional, and statewide goals to eliminate fossil fuel dependance and transition to alternative fuels (EV) fleet.
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On November 14, 2024, at the Board meeting, C/CAG approved $254,293.33 in grant funding to the City for the purchase of the battery electric street sweeper. To receive the grant funds, the City is required to execute the attached grant agreement that requires, in part, providing the balance of the total cost in local matching funds ($630,110.55). Based on the above, staff recommends that the City Council approve a resolution to accept and appropriate funding awarded by C/CAG to the San Mateo EV Street Sweeper Replacement Project and authorizing the City Manager to execute all necessary grant agreement documents.

BUDGET IMPACT:

Due to the timing of the City’s budget development process and confirmation of the grant award, the San Mateo EV Street Sweeper Replacement Project was not included in the FY 2024-25 Operating Budget. Adoption of this Resolution will authorize the acceptance and appropriation of the $254,293.33 grant award. The necessary City contribution to cover the remaining cost to purchase the EV Sweeper will be appropriated from the fund balance of the Solid Waste Fund in an estimated amount of $630,110.55. Sufficient funding is available in the Solid Waste Fund balance for this appropriation.

Payment for the sweeper is due upon delivery, which is currently estimated to take 52 weeks. Due to the timing of the delivery, the appropriation from the Solid Waste Fund will be incorporated into the FY 2025-26 Operating Budget as part of the budget development process.

ENVIRONMENTAL DETERMINATION:

The acceptance of grant funds, and appropriation of the grant funds to the Solid Waste Fund is not a project subject to CEQA, because it consists of a government fiscal activity that 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
Att 2 – Agreement

CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)

ACCEPTING GRANT FUNDS AND APPROVING AN AGREEMENT FOR TRANSPORTATION FOR CLEAN AIR GRANT

FUNDS WITH THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY IN THE AMOUNT OF $254,293.33 AND APPROPRIATING THE GRANT FUNDS TO THE SOLID WASTE FUND
WHEREAS, the City/County Association of Governments of San Mateo County issued a call for grant applications for a total distribution amount of $1,000,000.00 in Transportation Clean Air Grant Funding; and WHEREAS, the City applied to the City/County Association of Governments of San Mateo County for Transportation Fund for Clean Air Grant Funding for the San Mateo EV Street Sweeper Replacement Project which will replace one of the City’s Diesel Street Sweeper with a Battery Electric Street Sweeper; and WHEREAS, the City/County Association of Governments of San Mateo County has awarded the City a grant in the amount of $254,293.33 for the San Mateo EV Street Sweeper Replacement Project; and WHEREAS, the City is required to enter into an agreement with the City/County Association of Governments of San Mateo County to accept a Transportation Fund for Clean Air Grant award in the amount of $254,293.33 for the San Mateo EV Street Sweeper Replacement Project; and WHEREAS, the City is required to provide the balance of the remaining total project cost in local matching funds estimated in an amount of $630,110.55, which has been identified and available in the Solid Waste Fund; and
WHEREAS, payment for the EV Sweeper is due upon delivery, which is currently estimated to take 52 weeks; and
WHEREAS, staff requests appropriating the matching funds from the Solid Waste Fund through the budget development process for Fiscal Year 2025-26 to align with the timing of delivery and payment; and WHEREAS, based on these circumstances, staff recommends accepting and approving an agreement for the Transportation Fund for Clean Air Grant award with the City/County Association of Governments of San Mateo County in the amount of $254,293.33 and appropriating the grant funds to the Solid Waste Fund for the San Mateo EV Street Sweeper Replacement Project.

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

1. The acceptance of grant funds and appropriation of the grant funds to the Solid Waste Fund is not a project subject to CEQA, because it consists of a government fiscal activity that 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. Acceptance of the Transportation Fund for Clean Air Grant award and an agreement with the City/County Association of Governments of San Mateo County for grant funding in the amount of $254,293.33 is approved.
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3. Appropriation of the grant funding in the amount of $254,293.33 to the Solid Waste Fund for the San Mateo EV Street Sweeper Replacement Project is authorized.

4. The City Manager is authorized to execute all required grant documents in substantially the form presented.
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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: 19 Section Name: OLD BUSINESS Account Number: 10-4661-01 File ID: 24-9281 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:

Wireless Communication Facilities in the Public Right of Way Update - Ordinance Introduction and Policy Approval RECOMMENDATION:

Introduce an Ordinance to amend San Mateo Municipal Code (SMMC) Chapter 17.10 "Wireless Communications Facilities in the Public Right-Of-Way;" and adopt a Resolution approving a City Council Policy establishing procedural and substantive rules for small wireless facilities in the public right-of-way.

BACKGROUND:

Small wireless facilities (SWFs) are those that meet certain Federal Communications Commission (FCC) criteria, namely (1) specified height limits for the support structure on which they are mounted, (2) each antenna is no more than three cubic feet in volume, (3) all other wireless equipment associated with the support structure is no more than 28 cubic feet in volume, (4) the facilities does not require technical registration requirements, (5) the facilities are not located on tribal lands, and (5) the facilities do not result in human exposure to radiofrequency (RF) radiation in excess of applicable safety standards. A discussion of the history of federal and state laws and court decisions applicable to SWFs is included as Attachment 4.

On July 16, 2018, the City adopted San Mateo Municipal Code (SMMC) Chapter 17.10 “Wireless Communications Facilities in the Public Right-of-Way” (Ordinance) that established a process for review and approval of wireless telecommunication sites in the public right-of-way.

After the Ordinance was adopted, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC-18-133 (the Small Cell Order). The Small Cell Order imposed various new requirements on municipalities, which included a “technical feasibility” caveat to local aesthetic authority and a new “shot clock” for SWFs that required approval or denial within 60 days for SWFs proposed on existing structures and within 90 days for SWFs proposed on new support structures.

In 2020, to comply with the Small Cell Order, the City began developing a new Ordinance and associated design standards.

In 2021, the City amended the Ordinance and adopted the Design Standards and Application Requirements (Design Standards) currently in effect.

In 2023, the City received numerous small cell permit applications, several of which were brought to the Sustainability and Infrastructure Commission (SIC) for appeal hearings. Staff started receiving feedback from local community members and the industry about the permit applications and the Ordinance, including requests to amend the Ordinance, Design Standards, and the City’s review process for permit applications.

From January to May 2024, City staff engaged the community and industry to receive input, and on May 6, 2024, City staff provided a presentation to Council at a study session that was focused on the feedback received on the existing Ordinance 288 of 585

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and Design Standards. Staff received direction from City Council regarding possible amendments and revisions to the Ordinance and Design Standards. Furthermore, in response to much of the public feedback, City Council directed staff to consider the City of Encinitas’ wireless Ordinance when drafting revisions.

An update to the City’s Ordinance and Design Standards (Update, included as Attachments 1-3) has been drafted to incorporate City Council direction, community input, industry input (telecom providers with active master license agreements with the City), and staff’s experience to-date processing applications.

THE DRAFT UPDATE:

Based on review and consideration of all input as described above, the City Attorney’s Office (CAO) retained Telecom Law Firm, PC, which drafted the City of Encinitas’ wireless Ordinance, and which recommended various changes to City regulations based on Council direction. The Update is the outcome of close coordination and review between the Public Works Department, attorneys from the CAO and outside counsel, and the City Manager’s Office. It proposes to amend the Ordinance and replace the Design Standards with a City policy regarding small wireless facilities in the public right-of-way (Policy). The Policy is recommended to be effective immediately with adoption of the Resolution. This will allow the City to timely update its standards and requirements, while awaiting the effective date of the Update, which is expected to occur in January 2025. However, only sections of the Policy, which do not conflict with the City’s current Ordinance shall be effective. Although the Policy would be effective immediately, on the implementation front, staff will need to work as aggressively as possible to update the application and corresponding materials based on the new Policy.

Substantial Code revisions include the following:

1. SMMC §17.10.030(d) – Small Wireless Facilities will be reviewed in accordance with the City Policy which replaces the Design Standards and Application Requirements.

2. SMMC §17.10.070(g) – Appeals to be reviewed by a Public Hearing Officer rather than the SIC, and the appeal window has been extended from 5 days to 10 days.

3. SMMC §17.10.080(b) – A Public Hearing Officer will have discretion to modify or amend standard conditions of approvals.

The Design Standards and Application Requirements document has been replaced with a City Policy modeled after the City of Encinitas. New formatting, organization, and standards have been included for easy reference and to remove conflicting standards. In general, the proposed City Policy is more restrictive than the existing Design Standards. The City Policy updates location preferences and designates Restricted Areas to facilitate setbacks from residential neighborhoods and schools. Submittal information and public noticing requirements have been increased. Public Utility Easements are no longer acceptable locations for a SWF. Consistent with federal requirements that the City not prohibit or effectively prohibit telecommunication services, an exception process is incorporated to allow applicants to request exceptions to any standard or requirement within the City Policy, but any exception must be requested upfront.

The Update addresses City Council’s May 6, 2024, direction as follows:

1. Conformance to State Regulations: Comply with state mandated batch-processing rules. • The Policy includes language that complies with batch-processing rules. Policy Section 6(i).

2. Definitions and Clarity: Explore objective design standards to make installations less intrusive. • The Policy includes objective standards such as placement requirements for freestanding poles and definition of minimum heights for antennas installed on existing poles. Policy Sections 10 and 11. • The Policy includes antenna height requirements to not allow placement of an antenna at a building window height elevation. Policy Section 11(h)(4).

3. Appeal Process: Use hearing officers to consider appeals and extend the appeal timeframe from 5 to 10 days. • The Ordinance amendment replaces SIC with Hearing Officers for considering Director Decisions. SMMC §17.10.070(g).
• The Ordinance amendment extends the appeal window from 5 days to 10 days. SMMC §17.10.070(g). • The Ordinance and Policy limit bases for appeals to Director findings. SMMC §17.10.070(g) and Policy 289 of 585

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Section 8(d).

4. Public Notice and Outreach: Make on-site notices of proposed facilities more visible and in more languages. Use informed delivery for mailers.
• The Policy includes increased public noticing requirements for both site postings and mailed notices. Policy Section 7(b & c).
• The Policy includes the requirement that mailed notices utilize informed delivery for proof. Policy Section 7(c).
• The Policy states staff will create and provide required public notice templates in multiple languages.

Policy Section 7(b & c).

5. Objective Standards: Define “technically infeasible,” remove conflicting requirements, and clarify which standards apply to which design cases.
• The Policy defines “technical infeasibility” as a circumstance that is physically impossible. Policy Section 3(gg).
• The Policy has been reviewed to avoid conflicting standards and clarify which standards apply to which design cases. Policy Section 11.

6. Facility Separation: Increase separation requirements while maintaining location flexibility. • The Policy includes a 300-foot separation requirement between SWFs. Policy Section 10(a)(4).

7. Post-Construction: Require applicants to submit annual RF reports for each active facility. • The Policy includes the standard condition for permittees to provide annual RF affirmation reports. Policy Section 9(a)(16).

8. Pole Options: Expand pole options to reduce impacts on the right-of-way, including more discretion to use freestanding poles when warranted.
• The Policy expands existing support structure options to include traffic signal poles. Policy Section 11(n). • The Policy includes criteria to determine when a freestanding pole is preferable to an existing pole. Policy Section 10(g).

9. City Review Processes: Explore options to use third-party experts to assist with technical reviews. • The Ordinance and Policy maintain the authority for the Director to retain independent expert consultants. • Staff has contracted with three on-call consultants to provide expert RF review services. • Staff anticipates contracting with one or more firms to provide all-encompassing SWF review services.

10. Installation Standard: Explore options to reduce the number of meter pedestals in the right-of-way. • The Policy includes a preference for pole-mounted meters, or when a ground-mounted cabinet is required, to incorporate the meter within the same ground-mounted cabinet. Policy Section 11(m).

11. Conformance to Other Regulations: Amend the design guidelines to be consistent with other application requirements.
• The Policy has been written to be consistent with other applicable regulations. Policy Section 11.

12. Application Requirements: Revise application requirements to require all relevant information be submitted as part of the permit application for transparency and to allow staff and the public to better understand the proposal and feasible alternatives.
• The Policy includes a list of application requirements that have been increased and refined to require all information relevant to review for conformance with the Ordinance, Policy, and state and federal laws.

Policy Section 6(b).
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13. Appeal Cost Recovery: Adopt an appeal fee that is minimal or not cost-prohibitive to the public. • Staff proposes adoption of an appeal fee equal to other City appeal fees but less than actual costs incurred.

14. Residential Category: Consolidate the definition of residential. • The Policy considers all types of residential definitions by basing criteria on “residential” land uses, “mixeduse” land uses, and “residential dwelling units” for restrictions. Policy Section 10(a & b).

15. Restrictions Instead of Preferences: Explore language to specifically restrict areas instead of only listing location siting preferences.
• The Policy updates the location preferences with a new order of preference. Policy Section 10(a). • The Policy includes “restricted areas” within the location requirements. Policy Section 10(b).

16. Review the Encinitas Ordinance: Inquire what issues or problems the City of Encinitas has encountered through their wireless Ordinance.
• Staff has contacted the City of Encinitas and confirmed that they have not received any wireless applications since their Ordinance was adopted; therefore, issues or problems with their Ordinance cannot be confirmed.

OCTOBER 2024 SUSTAINABILITY AND INFRASTRUCTURE COMMISSION FEEDBACK On October 23, 2024, staff presented the proposed draft Ordinance and policy to the Sustainability and Infrastructure Commission (Commission). Below is a summary of the Commissions main comments:
• The Commission voted 4-0 in favor of recommending the proposed Ordinance and Policy to City Council. • Commissioners understood the exception process is necessary to comply with federal requirements and will require additional staff time to review associated documentation, but also anticipate the exception review/approval process may be refined over time.
• The Commissioners thought the proposed draft Ordinance and policy was well balanced. • The Commission recommended reorganizing portions of the Policy to minimize potential confusion. • The definition of “technical infeasibility” should include language that considers safety limitations and other law/requirements.

PUBLIC COMMENT SUMMMARY
The City released the proposed draft Ordinance and policy to the public for comment 14-days in advance of the October 23, 2024, Commission meeting. Below is a summary of the comments received before and during the Commission meeting.

Summarized Comments Received Before the Commission Meeting Community Comments Industry Comments
• Want to default all application reviews to
consultants.
• Not in favor of restricted areas and the
exception process.
• Expand the alternative site analysis to 500-feet. • Not in favor of all reviews being done by consultants.
• Want stealthing requirements. • Does not want annual RF affirmation. • Want appeals to remain at the Sustainable and
Infrastructure Commission.
• Does not want shrouding requirement
due to signal interference
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• Not in favor of height limitations, in
particular the language that does not
allow antennas to be installed within a
residential dwelling unit’s window
elevation.

Community Summary: The community thinks the
proposed policy and Ordinance should be more
restrictive.

Industry Summary: The industry thinks the
proposed policy and Ordinance is too restrictive
and burdensome.

Summarized Comments Received During the Commission Meeting A total of 12 public comments were received for the item, with general comments summarized, below:
• The proposed Ordinance and policy would introduce restricted areas and make most of San Mateo off limits which could require exceptions for almost every application being submitted. • Design standards should be expanded to include safety regulations from the California Public Utilities Commission.
• Recommend the City use consultants to review applications. • Stealthing requirements will prevent future modifications. • Increase the amount of photo simulations required.
• Prefer the Commission to review appeals.
• Everyone uses wireless communication technology, and the policy should not be so restrictive to prevent infrastructure growth.
• The proposed 300-feet restriction from residential, daycare and schools seem too restrictive and will increase cost and resources for infrastructure buildout.

As a result of the comments from the Sustainability & Infrastructure Commission, the public, and industry, staff made minor edits to the policy. Substantive changes include the following. • Technical Infeasibility Definition – Included language about other regulations and safety considerations. • Photo Simulations – Expanded photo simulation requirements to include all feasible locations in the alternative site analysis.
• Location Preference and Restricted Sites – Reorganized the sequence so restricted sites are listed before location preferences.

EFFECTIVE DATE OF UPDATED RULES
Proposed Ordinance: consistent with state law, if the City Council introduces and then adopts the proposed Ordinance, it would become effective thirty days later. If introduced this evening, the Ordinance is tentatively scheduled for adoption on December 9, 2024, in which case it would go into effect in January 2025.

Proposed Policy: most of the proposed Policy would go into effect immediately upon adoption of the Resolution. This includes regulations addressing location standards, design standards, preapproved designs, and the exception process.

Additional provisions covering applicability of the Policy, application and review procedures, conditions of approval, and other sections would also become effective right away. Two portions of the Policy governing public notices and decisions would only be effective when the companion Ordinance goes into effect, due to need to modify existing Ordinance provisions that cover the same subject matter. Although the Policy would be effective immediately, on the implementation front, staff will need to work as aggressively as possible to update the application and corresponding materials based on the new Policy.
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CITY OF SAN MATEO
STAFF RECOMMENDATION:

Based on the above, staff recommends that the City Council introduce an Ordinance to amend Chapter 17.10 “Wireless Communication Facilities in the Public Right-of Way” and adopt a Resolution approving a City Council Policy establishing procedural and substantive rules for small wireless facilities in the public right-of-way.

BUDGET IMPACT:

There is no budget impact associated with review of the proposed Ordinance and Policy update.

ENVIRONMENTAL DETERMINATION:

This Ordinance introduction and City Policy adoption by Resolution 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, small cell facilities are categorically exempt from CEQA as they ether are (1) minor alterations of existing facilities, (2) replacements of existing structures where the new structure will be located in the same site and have substantially the same purpose, or (3) construction and location of new small facilities or structures. (CEQA Guidelines Section 15301, 15302, 15303).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Ordinance SMMC 17.10 Wireless Communications Facilities in the Public Right-of-Way Att 2 - Redline of SMMC 17.10 Wireless Communications Facilities in the Public Right-of-Way Att 3 - Resolution Adopting City Council Policy
Att 4 - History of Wireless Small Cell Facilities
Att 5 - Public Comment

STAFF CONTACT
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323
Jason Hallare, Senior Engineer
[email protected]
650-522-7316
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CITY OF SAN MATEO

DRAFT ORDINANCE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER 17.10 (“WIRELESS COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTOF-WAY”), TITLE 17 THE OF SAN MATEO MUNICIPAL CODE WHEREAS, pursuant to the California Constitution, Article XI, section 7; California Government Code Section 37100 and other applicable law, the City Council of the City of San Mateo (“City Council”) may make and enforce within its limits all local, police, sanitary and other ordinances, resolutions and other regulations not in conflict with general laws; and
WHEREAS, the federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B), preserves local government zoning authority as it relates to location and siting of wireless communication facilities, but limits local regulations in three key ways: (1) a local ordinance may not unreasonably discriminate among providers of functionally equivalent services; (2) a local ordinance may not prohibit or effectively prohibit service; and (3) a local ordinance may not regulate based on environmental impacts from radio frequency emissions; and WHEREAS, the federal Telecommunications Act of 1996, 47 U.S.C. § 253 prohibits state and local requirements that prohibit or effectively prohibit any entity’s ability to provide any telecommunication service but preserves the authority of state and local governments to manage the public right-of-way on a nondiscriminatory basis; and
WHEREAS, Section 7901 of the California Public Utilities Code grants telephone corporations the limited right to use the public right-of-way to the extent necessary to provide services to their customers in a manner that does not incommode the public’s use of the public right-of-way; and WHEREAS, Section 7901.1 of the California Public Utilities Code bolsters the rights reserved to California local governments under Section 7901 and affirms local authority to manage, on a nondiscriminatory basis, the time, place and manner in which telephone corporations access the public right-of-way and deploy their facilities; and
WHEREAS, since the enactment of the Telecommunications Act of 1996, significant changes have occurred in federal and state laws that affect local authority over personal wireless service facilities; and WHEREAS, on July 16, 2018, the City Council adopted Ordinance No. 2018-5, which added Chapter 17.10 to the San Mateo Municipal Code and regulated wireless communications facilities in the public right-of-way; and
WHEREAS, on June 21, 2021, the City Council adopted Ordinance No. 2021-18, which amended various provisions in Chapter 17.10 in response to contemporaneous changes in law and technologies, including a new Section 17.10.120 (“Review of Ordinance”) that authorized the City Council to “amend . . . Chapter [17.10] or [the City’s] rules or policies by resolution after a change to the FCC’s regulations or standards, or any applicable state or federal laws”; and
WHEREAS, given the rapid and substantial changes in applicable state laws and FCC regulations since the City Council adopted Ordinance No. 2021-18, the active and effective federal prohibition on reasonable 294 of 585
moratorium ordinances to allow local public agencies to study these changes and develop appropriate responses and the significant adverse consequences for noncompliance with these changes in applicable law, and in response to practical experience processing applications for wireless facilities under the San Mateo Municipal Code, the City Council desires to amend San Mateo Municipal Code Chapter 17.10 by adopting this Ordinance No. 2024-[XXXX] (this “Ordinance”) to allow the City greater flexibility and responsiveness to these federal and state laws in order to preserve the City’s traditional authority to the maximum extent practicable; and WHEREAS, amending San Mateo Municipal Code Chapter 17.10 by adopting this Ordinance will allow the City Council to quickly and efficiently adopt administrative policies that provide clear procedures for wireless communications facilities bolster the City’s policies and regulations concerning public health, safety and welfare and the aesthetic character of the City; and
WHEREAS, consolidating all its regulations for wireless communications facilities in the public right-ofway into a single policy will tend to make the regulations easier to locate, understand and apply for all stakeholders; and
WHEREAS, amending San Mateo Municipal Code Chapter 17.10 by adopting this Ordinance neither materially limits a person’s ability to provide or receive wireless communications services nor creates unfair competition among wireless telecommunications service providers; and WHEREAS, amending San Mateo Municipal Code Chapter 17.10 by adopting this Ordinance will, to the extent permitted by federal and California state law, protect and promote public health, safety, and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City’s local values, which includes without limitation the aesthetic character of the City, its neighborhoods and community; and WHEREAS, the San Mateo Sustainability and Infrastructure Commission considered the proposed Ordinance at a duly noticed public hearing on October 23, 2024, and by a vote of 4-0 recommended the City Council approve the proposed Ordinance to amend San Mateo Municipal Code Chapter 17.10; and WHEREAS, on November 18, 2024, the City Council conducted a duly noticed public hearing to take public testimony and consider the introduction of this Ordinance to amend San Mateo Municipal Code Chapter

17.10 by adopting this Ordinance.

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

Section 1. Findings. The City Council finds that: (a) the facts set forth in the recitals in this Ordinance are true and correct and hereby incorporated by this reference; (b) the recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Ordinance; (c) the provisions in this Ordinance and San Mateo Municipal Code Chapter 17.10 as amended are consistent with the San Mateo General Plan, the San Mateo Municipal Code and applicable federal and state law; and (d) neither this Ordinance nor San Mateo Municipal Code Chapter 17.10 as amended will be detrimental to the public interest, health, safety, convenience or welfare.

Section 2. Section 17.10.020 of the San Mateo Municipal Code is amended as follows:
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17.10.020 General Definitions
The abbreviations, phrases, terms and words used in this Chapter will have the meanings assigned to them in this Section unless context indicates otherwise. Undefined phrases, terms or words in this Section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this Section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.
(a) Base Station means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(1), as may be amended. (b) City Council means the City Council of the City of San Mateo. (c) Collocation means the same as defined by the FCC in 47 C.F.R. § 1.60002(g), as may be amended. (d) CPUC means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. (e) Design Standards and Application Requirements means the aesthetic and design standards and the wireless permit application requirements for wireless facilities adopted by the Director of Public Works, consistent with this Chapter.
(f) Director means the Director of Public Works of the City of San Mateo, or the Director's designee. (g) FCC means the Federal Communications Commission or its duly appointed successor agency. (h) FCC Shot Clock means the reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time. (i) Wireless Permit means the permit issued by the Department of Public Works for any work required in the public right-of-way for the installation or in support or otherwise related to a wireless facility, consistent with the Design Standards and Application Requirements and City Council Policy. (j) Personal Wireless Services means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
(k) Personal Wireless Service Facilities means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services. (l) Pole License or City Pole License means the license that the department of public works may issue for any wireless facility installation on a City-owned pole located within the public right of way, consistent with the requirements of this Chapter.
(m) Public right-of-way or City right-of-way means any public street, public way, public alley, or public place and the space on, above or below it, and all extensions thereof, and additions thereto, under the ownership or control of the city of San Mateo and in its jurisdiction. 296 of 585
(n) RF means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range or otherwise within applicable legal exposure standards and limits. (o) Section 6409 means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub.

L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended. (p) Small Cell Wireless Facility(ies) means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended.
(q) Temporary Wireless Facilities means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis (r) Tower means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(9), as may be amended. (s) Transmission equipment means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(8), as may be amended.
(t) Wireless means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
(u) City Council Policy means a policy adopted by resolution pursuant to this Chapter which authorizes the City Council to adopt procedural and substantive rules for small wireless facilities deployment with the City of San Mateo.

Section 3. Section 17.10.030 of the San Mateo Municipal Code is amended as follows:

17.10.030 Applicability
(a) Applicable Wireless Facilities. The provisions in this Chapter shall be applied to all wireless facilities, including, without limitation, all new facilities and existing facilities, within the City's public rights-of-way, including small cell wireless facilities, and all applications to construct, install, operate, collocate, modify, reconstruct, relocate or otherwise deploy wireless facilities within the City's public rights-of-way, including Section 6409 requests, except as may be expressly provided otherwise in this Chapter. (b) Exempt Wireless Facilities. Notwithstanding Section 17.10.030(a), the provisions in this Chapter will not be applicable to: (1) wireless facilities not proposed or currently located in the public right-of-way; (2) wireless facilities owned and operated by the City for public purposes; (3) amateur radio facilities; and (4) wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.
(c) Special Provisions for Section 6409 Approvals. Notwithstanding Section 17.10.030(a), all requests for approval to collocate, replace, or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way and submitted pursuant to Section 6409 will be reviewed under the general wireless permit application procedures provided in this Chapter, as well as the special Section 6409 provisions provided in Section 17.10.110 and the Design Standards and Application Requirements. 297 of 585
(d) Special Provisions for Small Wireless Facilities. Notwithstanding Section 17.10.030(a), all small wireless facilities within the City’s public rights-of-way are subject to a permit as specified in a City Council Policy, which may be adopted, amended and/or repealed by a resolution of the City Council. All small wireless facilities within the City’s public rights-of-way shall comply with the City Council’s Policy. If a City Council Policy regulating small wireless facilities within the City’s rights-of-way is not adopted, or is otherwise repealed after adoption and not replaced, an application for a small wireless facility within the City’s public rights-of-way shall be processed pursuant to the provisions in this Chapter.

Section 4. Subsection (a) of Section 17.10.040 of the San Mateo Municipal Code is amended as follows:

Section 5. Section 17.10.050 of the San Mateo Municipal Code is amended as follows:

17.10.050 Application Process and Requirements
(a) Permit Application Form. The applicant shall submit a complete, duly executed wireless permit application in a form approved by the City, which may be updated from time to time by the Director. (b) Generally Applicable Design Standards and Application Requirements. All new wireless facilities and collocations, modifications or other changes to existing wireless facilities must conform to the City's Design Standards and Application Requirements, which may be updated from time to time by the Director to be necessary or appropriate to process any application governed under this Chapter, as authorized by the city council.
(c) City Council Policy. All new wireless facilities, or other changes to existing wireless facilities must comply with the City Policy, which may be adopted and updated by City Council resolution. (d) Procedures for a Duly Filed Application. Any application for a wireless permit will not be considered duly filed or complete unless submitted in accordance with any and all written rules and policies the City may adopt consistent with this Chapter, including but not limited to the Design Standards and Application Requirements and City Council Policy.
(e) Notice. Within three (3) calendar days of submitting an application for a wireless permit, the applicant shall provide written notice by U.S. mail informed delivery to all property owners and residents within a 500' radius of the proposed project site. In addition, the notice shall be posted in a minimum of three (3) locations near the project site. The content of the notice shall be in a form approved by the city and include information as specified in the Design Standards and Application Requirements and City Council Policy, including but not limited to: 1) a general description of the proposed improvements and other equipment to be constructed or installed, and proposed site location; 2) applicant's contact information for property owners and 298 of 585
residents to submit comments regarding the project and the timeline to do so; 3) city's webpage to access and be notified of decisions on applications; and 4) right to appeal a decision and timeline to do so.

Notices shall be in English and in other languages as deemed appropriate by the city. The applicant shall provide documentation of satisfaction of the notification requirement to the City prior to approval of the wireless permit.
(f) Additional Procedures. The City Council authorizes the Director to establish any other forms and procedures relating to the implementation of this Chapter.

Section 6. Section 17.10.070 of the San Mateo Municipal Code is amended as follows:

17.10.070 Decisions, Decision Notices, Limited Exceptions, Protests, Appeals (a) Decisions. The Director shall approve, conditionally approve, or deny a complete application for a wireless permit. A wireless permit shall be acted on within all processing timelines required by the FCC shot clocks, applicable state or federal laws, or other applicable timelines. (b) Required Findings for Approval. The Director may approve or conditionally approve an application for a wireless permit submitted under this Chapter when the Director finds all of the following:
(1) the applicant and the proposed wireless facility comply with all applicable requirements of this Chapter, the City Council Policy, and the City Design Standards and Application Requirements; and (2) the application is deemed complete by the Director; and (3) the proposed wireless facility complies with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation, the California Building Standards Code or any local building codes; the Americans with Disabilities Act, and all applicable health and safety requirements, including Public Utilities Commission General Order 95, (and as these rules may be amended or superseded); General Plan and any applicable specific plan; the San Mateo Municipal Code; and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project; and (4) the applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions. (c) Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this Chapter is intended to limit the Director's ability to conditionally approve or deny without prejudice any application governed under this Chapter as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the General Plan and any specific plan, the San Mateo Municipal Code and/or this Section. (d) Limited Exceptions for Personal Wireless Service Facilities. In the event that an applicant claims that strict compliance with this Chapter and the Design Standards and Application Requirements would effectively prohibit the applicant's ability to provide personal wireless services, the Director may grant a limited exception 299 of 585
from such requirements in accordance with the required findings provided in the Design Standards and Application Requirements.
(e) Decision Notices to the Applicant. After the director acts on an application, and within the timeframe provided in the Design Standards and Application Requirements or before the FCC Shot Clock expires (whichever occurs first), the Director or designee shall send a written notice to the applicant. In the event that the Director denies the application (with or without prejudice), the written notice to the applicant must contain: (1) the reasons for the decision and (2) instructions for how and when to file an appeal. (f) Decision Notice to Public. The decision on an application along with the appeal process, shall be posted on the city's webpage on the same date as the decision is made. Notices to property owners and residents within 500' of the project site shall be sent within the timeframe provided in the Design Standards and Application Requirements.
(g) Appeals. The applicant or any person who is a property owner or resident within 500' of the project site may appeal any decision by the Director to approve or deny an application for a wireless permit. Appeals must be filed with the City Clerk within ten calendar days following the Director's decision. Payment of the appeal hearing fee pursuant to the City’s Adopted Comprehensive Fee Schedule must be made prior to the scheduling of the appeal hearing. The appeal for hearing before a hearing officer shall be set at the next available date, or otherwise within a time frame needed to comply with all applicable state or federal laws.

Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that comply with all applicable FCC regulations, or as provided in the City Council Policy. The hearing officer shall review the appeal de novo, with the appellant having the burden of proof to establish the basis for seeking a reversal of the Director's decision, and issue a decision at the hearing. The hearing officer’s decision shall be final and not subject to any further administrative appeals.

Section 7. Section 17.10.080 of the San Mateo Municipal Code is amended as follows:

17.10.080 Standard Conditions of Approval
(a) Standard Conditions. All wireless facilities, whether approved by the Director or deemed approved or deemed granted by law shall be automatically subject to all standard conditions of approval as provided in the City Council Policy and/or the Design Standards and Application Requirements. (b) Modifications to Standard Conditions. The Director (or the hearing officer on appeal) shall have discretion to modify or amend any standard conditions of approval on a case-by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the San Mateo Municipal Code and/or this Chapter.

Section 8. Section 17.10.090 of the San Mateo Municipal Code is amended as follows:

17.10.090 Revocation; Abandonment
(a) Revocation. Any wireless permit, or other authorized use of the public right-of-way granted under this Chapter may be revoked or modified for cause in accordance with the provisions of this Section. 300 of 585
(1) Revocation proceedings may be initiated by the Director. (2) Action. The Director shall act on the proposed revocation after the time for any appeal has lapsed.
(3) Required Findings. The Director may revoke or modify the permit, City pole license, or right to use, if it makes any of the findings provided in the Design Standards and Application Requirements. (4) Notice of Action. The Director shall issue a written determination of revocation and mail the determination to the permittee within the timeframe provided in the Design Standards and Application Requirements.
(5) A permittee whose permit or right has been revoked may have the revocation reviewed, upon written appeal to the Director as set forth in this Chapter. (b) Abandonment. Wireless facilities no longer used to provide service shall be removed by the last known owner of record of such facility, at the sole cost of said owner and to the satisfaction of the City.

Section 9. Section 17.10.120 of the San Mateo Municipal Code is amended as follows:

17.10.120 Review of Ordinance
Wireless communications technology is currently subject to rapid change. Innovations may render the need for specific sections of this Chapter to be reviewed and revised. The City Council may amend this Chapter by ordinance or its rules and policies by resolution after a change to the FCC's regulations or standards, or any applicable state or federal laws.

Section 10. Section 17.10.130 of the San Mateo Municipal Code is repealed.

Section 11. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3), this action is exempt from CEQA review, in that it can be seen with certainty that there is no possibility that this ordinance amendment may have a significant effect on the environment.

Section 12. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 13. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 14. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption. 301 of 585
Chapter 17.10

WIRELESS COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY

17.10.010 Purpose and Intent
(a) The City of San Mateo intends this Chapter 17.10 to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation, and removal within the City's public right-of-way, consistent with and to the extent permitted under federal and California state law.

Pursuant to 47 U.S.C. 332(c)(7), the City may not regulate the placement, construction, and modification of wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions. To the extent permitted by federal law, the standards and procedures contained in this Chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City's local values, which include without limitation, the aesthetic character of the City, its neighborhoods and community. This Chapter is also intended to reflect and promote the community interest by (1) ensuring that the balance between public and private interest is maintained on a case-by-case basis; (2) protecting the City's visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (3) protecting and preserving the City's environmental resources; and (4) promoting access to high-quality, advanced wireless services for the City's residents, businesses and visitors.
(b) This Chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with existing or future FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California law.

17.10.020 General Definitions
The abbreviations, phrases, terms and words used in this Chapter will have the meanings assigned to them in this Section unless context indicates otherwise. Undefined phrases, terms or words in this Section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this Section 302 of 585
conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.
(a) Base Station means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(1), as may be amended.
(b) City Council means the City Council of the City of San Mateo. (c) Collocation means the same as defined by the FCC in 47 C.F.R. § 1.60002(g), as may be amended.
(d) CPUC means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. (e) Design Standards and Application Requirements means the aesthetic and design standards and the wireless permit application requirements for wireless facilities adopted by the Director of Public Works, consistent with this Chapter. (f) Director means the Director of Public Works of the City of San Mateo, or the Director's designee.
(g) FCC means the Federal Communications Commission or its duly appointed successor agency.
(h) FCC Shot Clock means the reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time.
(i) Wireless Permit means the permit issued by the Department of Public Works for any work required in the public right-of-way for the installation or in support or otherwise related to a wireless facility, consistent with the Design Standards and Application Requirements and City Council Policy. adopted by the Director of Public Works consistent with this Chapter. (j) Personal Wireless Services means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. (k) Personal Wireless Service Facilities means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.
(l) Pole License or City Pole License means the license that the department of public works may issue for any wireless facility installation on a City-owned pole located within the public right of way, consistent with the requirements of this Chapter. 303 of 585
(m) Public right-of-way or City right-of-way means any public street, public way, public alley, or public place and the space on, above or below it, and all extensions thereof, and additions thereto, under the ownership or control of the city of San Mateo and in its jurisdiction. (n) RF means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range or otherwise within applicable legal exposure standards and limits.
(o) Section 6409 means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.
(p) Small Cell Wireless Facility(ies) means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended.
(q) Temporary Wireless Facilities means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis (r) Tower means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(9), as may be amended.
(s) Transmission equipment means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(8), as may be amended.
(t) Wireless means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum. (t)(u) City Council Policy means a policy adopted by resolution pursuant to this Chapter which authorizes the City Council to adopt procedural and substantive rules for small wireless facilities deployment with the City of San Mateo.

17.10.030(a), all requests for approval to collocate, replace, or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way and submitted pursuant to Section 6409 will be reviewed under the general wireless permit application procedures provided in this Chapter, as well as the special Section 6409 provisions provided in Section 17.10.110 and the Design Standards and Application Requirements. (c)(d) Special Provisions for Small Wireless Facilities. Notwithstanding Section

17.10.030(a), all small wireless facilities within the City’s public rights-of-way are subject to a permit as specified in a City Council Ppolicy, which may be adopted, amended and/or repealed by a resolution of the City Council. All small wireless facilities within the City’s public rights-ofway shall comply with the City Council’s Ppolicy. If a City Council Ppolicy regulating small wireless facilities within the City’s rights-of-way is not adopted, or is otherwise repealed after adoption and not replaced, an application for a small wireless facility within the City’s public rights-of-way shall be processed pursuant to the provisions in this Chapter.

17.10.040 Required Approvals
(a) Wireless Permit. A wireless permit, subject to the City's prior review and approval in accordance with the procedures in this Chapter, the City Council Policy, and the City's Design Standards and Application Requirements, is required for any applicant seeking to construct, install, modify, maintain or engage in an activity relating to a wireless facility in, on, under, or above the public right-of-way prior to conducting any work related to such wireless facility. (b) City Pole License. Before any wireless facility is installed on a City owned pole located within the public right-of-way, wireless communications providers shall obtain a City pole license by entering into a master license agreement with the City in a form as approved by the City attorney, for the use of a City pole in a specified license area, and pay a license fee subject to the City's fee schedule. Any applicant seeking a master license agreement shall additionally pay a master license agreement administrative fee subject to the City's fee schedule to reimburse the City for reasonable costs in connection with its preparation, review of, and action upon the request for such an agreement. The applicant seeking a City pole license must also apply for and obtain a wireless permit.
(c) Other Permits and Regulatory Approvals. In addition to any permit or approval required under this Chapter, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any other permits and/or approvals issued by other City departments or divisions. Furthermore, any permit or approval granted under this Chapter or deemed to be granted or approved by law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or approvals. (d) Fees. All required fees, security instruments, and cash deposits related to the wireless permit, the City pole license, and other required permits and approvals consistent with this Chapter must be paid in full or be satisfied in order for a wireless permit or a City pole 305 of 585
license to be issued by the City. In addition, City may seek reimbursement of the actual reasonable costs related to licensing, permitting, and administering wireless facilities in the public right-of-way as set by the City Council. Failure to comply with this provision shall be a basis to deny, revoke, or terminate the wireless permit, the City pole license or other applicable permit.

In addition, the notice shall be posted in a minimum of three (3) locations near the project site.

The content of the notice shall be in a form approved by the city and include information as specified in the Design Standards and Application Requirements and City Council Policy, including but not limited to: 1) a general description of the proposed improvements and other equipment to be constructed or installed, and proposed site location; 2) applicant's contact information for property owners and residents to submit comments regarding the project and the timeline to do so; 3) city's webpage to access and be notified of decisions on applications; and 4) right to appeal a decision and timeline to do so.

Notices shall be in English and in other languages as deemed appropriate by the city.

The applicant shall provide documentation of satisfaction of the notification requirement to the City prior to approval of the wireless permit.
(e)(f) Additional Procedures. The City Council authorizes the Director to establish any other forms and procedures relating to the implementation of this Chapter. 306 of 585

17.10.060 Peer and Independent Consultant Review
(a) Authorization. The City Council authorizes the Director, in the Director's discretion, to select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues satisfactory to the Director in connection with any permit application.
(b) Scope. The Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, as further provided in the Design Standards and Application Requirements.
(c) Consultant Fees; Deposit. In the event that the Director elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the reasonable costs in connection with the services provided as detailed in the Design Standards and Application Requirements. The City shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices.

17.10.070 Decisions, Decision Notices, Limited Exceptions, Protests, Appeals (a) Decisions. The Director shall approve, conditionally approve, or deny a complete application for a wireless permit. A wireless permit shall be acted on within all processing timelines required by the FCC shot clocks, applicable state or federal laws, or other applicable timelines.
(b) Required Findings for Approval. The Director may approve or conditionally approve an application for a wireless permit submitted under this Chapter when the Director finds all of the following:
(1) the applicant and the proposed wireless facility comply with all applicable requirements of this Chapter, the City Council Policy, and the City Design Standards and Application Requirements; and
(2) the application is deemed complete by the Director; and (3) the proposed wireless facility complies with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation, the California Building Standards Code or any local building codes; the Americans with Disabilities Act, and all applicable health and safety requirements, including Public Utilities Commission General Order 95, (and as these rules may be amended or superseded); General Plan and any applicable specific plan; the San Mateo Municipal Code; and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project; and 307 of 585
(4) the applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions.
(c) Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this Chapter is intended to limit the Director's ability to conditionally approve or deny without prejudice any application governed under this Chapter as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the General Plan and any specific plan, the San Mateo Municipal Code and/or this Section.
(d) Limited Exceptions for Personal Wireless Service Facilities. In the event that an applicant claims that strict compliance with this Chapter and the Design Standards and Application Requirements would effectively prohibit the applicant's ability to provide personal wireless services, the Director may grant a limited exception from such requirements in accordance with the required findings provided in the Design Standards and Application Requirements.
(e) Decision Notices to the Applicant. After the director acts on an application, and within the timeframe provided in the Design Standards and Application Requirements or before the FCC Shot Clock expires (whichever occurs first), the Director or designee shall send a written notice to the applicant. In the event that the Director denies the application (with or without prejudice), the written notice to the applicant must contain: (1) the reasons for the decision and (2) instructions for how and when to file an appeal.
(f) Decision Notice to Public. The decision on an application along with the appeal process, shall be posted on the city's webpage on the same date as the decision is made.

Notices to property owners and residents within 500' of the project site shall be sent within the timeframe provided in the Design Standards and Application Requirements. (g) Appeals. The applicant or any person who is a property owner or resident within 500' of the project site may appeal any decision by the Director to approve or deny an application for a wireless permit. Appeals must be filed with the Secretary of the Sustainability and Infrastructure Commission City Clerk within five ten calendar days following the Director's decision. Payment of the appeal hearing fee pursuant to the City’s Adopted Comprehensive Fee Schedule must be made prior to the scheduling of the appeal hearing. The Secretary shall set the appeal for hearing on the agenda for the next regular or special meeting of the Sustainability and Infrastructure Commissionbefore a hearing officer shall be set at the next available date, or otherwise within a time frame needed to comply with all applicable state or federal laws.

Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that comply with all applicable FCC regulations, or as provided in the City Council Policy. The Sustainability and Infrastructure Commissionhearing officer shall review the appeal de novo, with the appellant having the burden of proof to establish the basis for seeking a reversal of the Director's decision, and issue a decision at the 308 of 585
hearing. The decision of the Sustainability and Infrastructure Commissionhearing officer’s decision shall be final and not subject to any further administrative appeals.

17.10.080 Standard Conditions of Approval
(a) Standard Conditions. All wireless facilities, whether approved by the Director or deemed approved or deemed granted by law shall be automatically subject to all standard conditions of approval as provided in the City Council Policy and/or Appendix C of the Design Standards and Application Requirements.
(b) Modifications to Standard Conditions. The Director (or the Sustainability and Infrastructure Commissionhearing officer on appeal) shall have discretion to modify or amend any standard conditions of approval on a case-by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the San Mateo Municipal Code and/or this Chapter.

17.10.090 Revocation; Abandonment
(a) Revocation. Any wireless permit, City pole license, or other authorized use of the public right-of-way granted under this Chapter may be revoked or modified for cause in accordance with the provisions of this Section.
(1) Revocation proceedings may be initiated by the Director. (2) Action. The Director shall act on the proposed revocation after the time for any appeal has lapsed.
(3) Required Findings. The Director may revoke or modify the permit, City pole license, or right to use, if it makes any of the findings provided in the Design Standards and Application Requirements.
(4) Notice of Action. The Director shall issue a written determination of revocation and mail the determination to the permittee within the timeframe provided in the Design Standards and Application Requirements.
(5) A permittee whose permit or right has been revoked may have the revocation reviewed, upon written appeal to the Sustainability and Infrastructure Commission Director as set forth in this Chapter.
(b) Abandonment. Wireless facilities no longer used to provide service shall be removed by the last known owner of record of such facility, at the sole cost of said owner and to the satisfaction of the City.
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17.10.100 Temporary Wireless Facilities
Temporary wireless facilities may be placed and operated within the City without a wireless permit only when a duly authorized federal, state, county or City official determines an emergency exists within a region that includes the City in whole or in part. The applicant must still obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation other any other permits and/or approvals issued by other City departments or divisions. Any temporary wireless facilities placed pursuant to this Section must be removed within thirty calendar days after the date the emergency is lifted by a duly authorized federal, state, county or City official. Any person or entity that places temporary wireless facilities pursuant to this Section must send a written notice that identifies the site location and person responsible for its operation to the Director as soon as reasonably practicable.

17.10.110 Special Provisions for Section 6409 Approvals (a) Applicability. This Section applies to all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public rights-of-way submitted pursuant to Section 6409. For all such requests, the applicant shall seek a wireless permit under Section 17.10.040(a), and except for the notice requirements in Section 17.10.050(d), comply with all other requirements in this Chapter and any special Section 6409 requirements as provided in the Design Standards and Application Requirements. (b) Additional Section 6409 Definitions. In addition to the definitions in Section

17.10.020, the abbreviations, phrases, terms and words used in this Section will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this Section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this Section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.
(1) Eligible Support Structure means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended.
(2) Existing means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(5), as may be amended.
(3) Section 6409 request means all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public rights-of-way submitted pursuant to Section 6409. (4) Substantial change or Substantially change means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended. (c) Required Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way 310 of 585
submitted with a written request for approval under Section 6409 as indicated in the application form, shall require approval of a wireless permit under the general standards and procedures of this Chapter, unless specified otherwise or excepted, as well as any additional Section 6409 special provisions as provided in this Section and the Design Standards and Application Requirements.
(d) Additional Required Findings for Section 6409 Request Approval. The city staff may approve or conditionally approve a wireless permit application for a Section 6409 request when the city staff finds that the proposed project meets the approval requirements in this Chapter and the Design Standards and Application Requirements, as well as the following additional required findings:
(1) involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station;
(2) does not substantially change the physical dimensions of the existing wireless tower or base station; and
(3) remains in compliance with all applicable FCC RF standards. (4) Criteria for Denial without Prejudice. Notwithstanding any other provision in this Chapter, and consistent with all applicable federal laws and regulations, the city staff may deny without prejudice any application for a Section 6409 request when the city staff finds that the proposed project:
(A) does not meet the findings required in Section 17.10.110(d); (B) involves the replacement of the entire eligible support structure; or (C) violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety. (e) Appeals. Any applicant may appeal the city staff's written decision to deny without prejudice an application for Section 6409 request to the Director of Public Works within five (5) calendar days of the notice of decision. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within five calendar days from the city staff's written decision and must state in plain terms the grounds for reversal and the facts that support those grounds. The Director of Public Works shall be the appellate authority for all appeals from the city staff's written decision to deny without prejudice an application for section 6409 approval.

The Public Works Director shall review the application de novo; provided, however, that the Public Works Director's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Section and any other applicable laws. The Director of Public Works shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.
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17.10.130 SPECIAL PROVISIONS FOR SECTION 6409 APPROVALS. (a) Applicability. This Section applies to all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public rights-of-way submitted pursuant to Section 6409. However, the applicant may voluntarily elect to seek a major or minor wireless permit under Section 17.10.030. (b) Additional Section 6409 Definitions. In addition to the definitions in Section

1.40001(b)(4), as may be amended.
(4) "site" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended.
(5) "substantial change" means the same as defined by the FCC in 47 C.F.R. §

1.40001(b)(7), as may be amended.
(c) Required Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way submitted with a written request for approval under Section 6409 shall require an administrative approval in such form determined by the Director consistent with all valid and enforceable terms and conditions of the underlying permit or other prior regulatory authorization for the tower or base station (each amendment a "section 6409 approval"). Each section 6409 approval shall be subject to the Director's approval, conditional approval or denial without prejudice pursuant to the standards and procedures in this Section. However, the applicant may voluntarily elect to 312 of 585
seek a major or minor wireless permit subject to the general standards and procedures in this Chapter.
(d) Decisions; Appeals.
(1) Administrative Review. The approval authority shall administratively review a complete and duly filed application for a section 6409 approval, and may act on such application without prior notice or a public hearing.
(2) Decision Notices. Within five days after the approval authority acts on an application for a section 6409 approval or before the FCC Shot Clock expires (whichever occurs first), the approval authority shall send a written notice to the applicant. In the event that the approval authority denies the application, the written notice to the applicant must contain: (1) the reasons for the decision; (2) a statement that denial will be without prejudice; and (3) instructions for how and when to file an appeal. (3) Required Findings for Approval. The approval authority may approve or conditionally approve any application for a section 6409 approval when the approval authority finds that the proposed project:
(A) involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; (B) does not substantially change the physical dimensions of the existing wireless tower or base station; and
(C) remains in compliance with all applicable FCC RF standards. (4) Criteria for Denial without Prejudice. Notwithstanding any other provision in this Chapter, and consistent with all applicable federal laws and regulations, the approval authority may deny without prejudice any application for a section 6409 approval when the approval authority finds that the proposed project:
(A) does not meet the findings required in Section 17.10.130(d)(3); (B) involves the replacement of the entire support structure; or (C) violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety. (5) Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this Section is intended to limit the approval authority's authority to conditionally approve an application for a section 6409 approval to protect and promote the public health and safety.
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(6)(1) Appeals. Any applicant may appeal the approval authority's written decision to deny without prejudice an application for section 6409 approval. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within ten calendar days from the approval authority's written decision and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall be the appellate authority for all appeals from the approval authority's written decision to deny without prejudice an application for section 6409 approval. The City Manager shall review the application de novo; provided, however, that the City Manager's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Section and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.
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2024
Wireless Ordinance and
Policy Update
Public Works Department
Jay Yu P.E., Engineering Manager
City Council
11/18/2024
1 490 of 585
TABLE OF CONTENTS 2 of 42
I. Background
II. May 2024 City Council Direction
III. October 2024 SIC Feedback and Comments
IV. Summary of Changes
V. Compared to Encinitas
VI. Public Comments
VII. Staff Recommendation
VIII. Next Steps
IX. Questions
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Staff Recommendation 3 of 42
 Public & industry input obtained
 City Council direction received in May 2024
 SIC recommends (4-0) to move the
proposed Ordinance and Policy to City
Council

STAFF RECOMMENDS CITY COUNCIL

1. Adopt a resolution approving a City Policy establishing procedural and substantive rules for “small wireless facilities” in the public right-of-way; • Effective immediately Sections 2–6, 9-13

2. Introduce the proposed ordinance amending SMMC Chapter 17.10 “Wireless Communications Facilities in the Public Right-of-Way” • Adoption 12/9/2024 • Ordinance and Full Policy Effective 30 days after adoption  Ordinance & Policy Updates proposed
 These updates are defensible and
responsive
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4 of 42
I. BACKGROUND
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Ordinance History 5 of 42
2018
First application
for small cell
received
2019
FCC 18-133
“Small Cell Order”
2020
Development of
Wireless Small Cell
Design Standards
and Ordinance
(Update)
2021
Adoption of New
Design Standards
and Ordinance
Nov 18, 2024
City Council
Meeting
1st Reading
2018
Adopted first
Wireless
Ordinance
(17.10)
2021 - Jan 2024
Large influx of wireless
small cell applications
• Internal Process
• Industry Standards
• Constructability
• Community Feedback
May 6, 2024
City Council
Study Session
Oct 23, 2024
SIC SS
Proposed
Draft
Ordinance
and Policy
Dec 9, 2024
Ordinance
Adoption
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Update Approach 6 of 42
Community City Industry
2024 Updated
Wireless Small Cell and Design
Standard and Ordinance
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Community Feedback Outreach 7 of 42
+ +
Community Meetings Email Letters
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Summary of Community Feedback (June 23 – April 24) 8 of 42 Restrictions on Residential Land-Uses
Gap In Coverage
Appeal Process
City Internal Review Process
Public Notices and Outreach
Definitions and Clarity
Post Construction
Required Facility Separation
Pole Options
Conformance to Other Regulations
Technical Installation Standards
Application Requirements
MORE

RESTRICTIVE
LESS
RESTRICTIVE Community Industry NEUTRAL
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9 of 42
II. MAY 2024 City Council Direction
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May 2024 Council Study Session – Direction (I) 10 of 42 Definitions and Clarity
Conformance to State Regulations
Appeal Process
Objective Standards
Public Notices and Outreach
Facility Separation
Pole Options
Post-Construction

TOPIC COUNCIL DIRECTION
Explore objective design standards for less intrusive installations Comply with state-mandated batch processing rules
Use hearing officers for appeal arbiter and extend appeal window Define “technically infeasible,” remove conflicting requirements, and clarify design cases
Make notices more visible and multilingual and use informed delivery Increase separation requirements while maintaining flexibility Expand pole options and include discretion to use freestanding poles Require applicants to submit annual RF compliance
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May 2024 Council Study Session – Direction (II) 11 of 42 Installation Standard
City Review Process
Conformance to Other Regulations
Appeal Cost Recovery
Application Requirements
Residential Category
Review City of Encinitas Ordinance
Restrictions Instead of Preferences

TOPIC COUNCIL DIRECTION
Explore options to reduce number of meter pedestals in ROW Explore options to use third-party experts
Amend the design guidelines to be consistent with other requirements
Adopt an appeal fee that is minimal and not cost-prohibitive Revise application requirements to require all relevant information upfront
Consolidate the definition of residential
Inquire what issues the City of Encinitas has encountered Explore restricted areas instead of only site preferences 500 of 585
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III. OCTOBER 2024

SUMMARY OF SIC FEEDBACK
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• Commission voted 4-0 in favor of recommending the proposed ordinance and Policy to City Council
• Understands the exception process is necessary to comply with federal requirements and will require additional staff time to review associated documents.
• The proposed draft ordinance and policy is well balanced • Recommend reorganizing portions of the Policy to minimize potential confusion
• Expand the definition of “technically infeasible” to include safety limitations and other law/requirements.

Oct 2024 – SIC Summary 502 of 585
14 of 42
IV. SUMMARY OF CHANGES
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15 of 42
Cannot adopt
regulation that
“effectively prohibits”
providers from
providing service.
47 USC § 332 (c)(7)(B)(i)(II)
Things to Remember
The City can require
and ensure compliance
with FCC’s limits on RF
emissions.
47 USC 332 (c)(7)(B)(iv)
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SUBSTANTIAL REVISIONS – NEW PROPOSED 16 of 42

NEW PROPOSED
Specific Submittal Hours
Designated days for submittal
Antenna Height
Window, minimum 18’
Pre-Approved Designs
City Policy
for new Small Cells in ROW
Batching Allowed (AB965)
Appeal Fees
$565 appeal fee
Annual RF Compliance
Setbacks “Restricted Sites”
300ft, Residential dwelling unit,
daycare, & school
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Setbacks 17 of 42

1. Any location within a residential or mixed-use zone

2. Any location within 300 feet from a residential dwelling unit

3. Any location within 300 feet from a daycare facility or school structure

4. Any location within a Very High Fire Hazard Severity Zone 300-ft Setback 300-ft Setback Any Zone
• Applicants may request an Exception to install within Restricted Sites • Exceptions shall demonstrate “effective prohibition” to be granted • Granted Exceptions may result in SWFs within Restricted Sites setbacks SETBACKS “RESTRICTED SITES”
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Application Submittals 18 of 42
 Mon-Tues (non-holiday) @ 9am-4pm
 Specifies when applications are
submitted to staff
 Allows staff consistency on when to
expect applications and when
response is due
 Applicants may submit up to 50
projects within the same application
 Projects must be substantially similar
to be batched

SPECIFIC SUBMITTAL HOURS BATCH APPLICATION
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Antenna Heights 19 of 42
 Min Height = 18-ft
 Cannot be same elevation as
nearest building windows
Min = 18-ft
Not at window elev
Buildings within 50-ft
Antenna Height
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Appeal Fees 20 of 42
 Processing & prep = $1,164
 Hearing Costs = $ 668
 Total PW staff cost = $1,832
 Does not account for CAO
 Per Matrix study 2023-24
SWF Appeal Costs
 Proposed Fee = $565
 Cost Recovery = 30%
 Master Fee Schedule FY24-25
 City Clerk = $565
 Code Enf. = $565
 Planning = $565
Other City Appeal Fees

APPEAL FEES
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New Policies 21 of 42
 Requires PW Director adoption
 Only for Preferred Locations:
• No noticing requirements
• Only Applicant may appeal
 Annual affirmation from qualified
RF-engineer
 Submitted every January
Pre-Approved Designs Annual RF Compliance
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SUBSTANTIAL REVISIONS 22 of 42 - CHANGES (PART 1 of 3)

EXISTING
Location Preferences
Zoning only
Frontage PUEs
Does allow
Preferred Structure
Existing poles
Public Notice
“Spam” mail & letter-size

PROPOSED
Location Preferences
Street, zoning, & clearances
Frontage PUEs
Not allowed
Preferred Structure
Farthest from residential
Public Notice
Postcard mailer & poster notice
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Public Notice 23 of 42
 Currently, letter size prints taped to
proposed pole and nearby poles
 Site Posted Notices will be printed
large poster-style on A-Frames

SITE NOTICE
 Currently, basic envelope
 “looks like spam mail”
 New standard is a postcard mailer
 USPS Informed Delivery required

MAILED NOTICE
Public Notice
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Location Preferences 24 of 42
 Based on zoning land use

CURRENT LOCATION PREFERENCES
 Based on street class, zoning, &
clearance to residential/other antennas

PROPOSED LOCATION PREFERENCES
Location Preferences
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Location Preferences 25 of 42

1. Manufacturing

2. Transportation Corridor or TOD

3. Executive

4. Central Business

5. Commercial

6. Agricultural & Open Space

7. Shoreline

8. Residential Multi-Family

9. Residential Single Family
CURRENT LOCATION PREFERENCES PROPOSED LOCATION PREFERENCES MOST to LEAST Preferred “Preferred Locations”

1. Non-res/mixed-use zone along arterial

2. Non-res/mixed-use zone along collector

3. Non-res/mixed-use zone along local

4. Within 300-ft of another SWF

5. Within 300-ft of res/mixed-use zone*

6. Res/mixed-use zone along arterial*

7. Res/mixed-use zone along collector*

8. Res/mixed-use zone along local*
*These tiers fall under “Restricted Sites”

CURRENT LOCATION PREFERENCES PROPOSED LOCATION PREFERENCES 514 of 585
SUBSTANTIAL REVISIONS 26 of 42 - CHANGES (PART 2 of 3)

EXISTING
Mounting Preference
“Top of pole” only
Alt Sites Analysis
500-ft,
Render only for proposed site
Director Findings
4 broad findings
Existing Pole Options
Utility & streetlights

PROPOSED
Mounting Preference
Top -> Pole -> Side
Alt Sites Analysis
300-ft,
Render for all feasible sites
Director Findings
9 specific findings
Existing Pole Options
Utility, streetlights, & signals
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Mounting Preferences 27 of 42
Pole-Top Pole-Mount Side-Arm
Mounting Preference
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Director Findings 28 of 42

1. Applicant and SWF comply with SMMC 17.10 and
Design Standards and App Requirements

2. Application deemed complete by Director

3. Application complies with all applicable federal,
state, and local laws

4. Application demonstrates compliance with FCC
rules for RF emissions

CURRENT REQUIRED FINDINGS

1. Project qualifies as “small wireless facility” as defined by FCC

2. Application meets all design requirements of Muni Code and City Policy (complies with all applicable federal, state, and local laws)

3. Project in Preferred Locations, most-preferred location, or granted exception

4. Project on most preferred structure or granted exception

5. Project not on a prohibited structure

6. Applicant has demonstrated it can obtain service
connections and provides plans showing proposed
service connection route

7. Applicant demonstrates compliance with FCC rules for RF emissions

8. All required public notice has been given

9. Applicant has paid all fees/deposits or enrolled in
quarterly billing

CURRENT REQUIRED FINDINGS PROPOSED REQUIRED FINDINGS PROPOSED REQUIRED FINDINGS 517 of 585
SUBSTANTIAL REVISIONS 29 of 42 - CHANGES PART (3 of 3)

EXISTING
Appeal Window
5-days
Appeal Authority
Sustainability & Infrastructure
Appeal Basis
Anything not RF related
Build-Out Period
1yr w/ (1) optional 1yr extension

PROPOSED
Appeal Window
10-days
Appeal Authority
Hearing Officer
Appeal Basis
Limited to Director Findings
Build-Out Period
1yr w/(1) optional 6mo
extension
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V. COMPARED TO ENCINITAS
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Compared to Encinitas – SAME (Part 1 of 2) 31 of 42
Voluntary Meetings
“Technically Infeasible”
Email Notifications
Section 6409 not in Policy
City of
Encinitas
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Compared to Encinitas – SAME (Part 2 of 2) 32 of 42
Annual RF affirmation
Pre-Approved Designs
Exceptions Process
1 Year Buildout Period
City of
Encinitas
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Compared to Encinitas – DIFFERENCES (Part 1 or 2) 33 of 42 Batched Applications
Up to 50 projects
Submittal Notices
Applicant mails notice
Appeals
10-day, Hearing Officer
Application Submittals
Email Submittal Window
Batched Applications
Up to 5 projects
Submittal Notices
Encinitas mails notice
Appeals
7-day, City Council
Application Submittals
In-Person Appointment
City of
Encinitas
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Compared to Encinitas – DIFFERENCES (Part 2 of 2) 34 of 42 Coverage & Capacity
Required
Fire Department Review
No
Antenna Height
Min height, not window elev
Restricted Sites
300-ft to Res/Day/School
Coverage & Capacity
Not Required
Fire Department Review
Yes - Encinitas FD
Antenna Height
Max 5-ft over support
Restricted Sites
500-ft R/D/S, coastal, historic
City of
Encinitas
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35 of 42
VI. PUBLIC COMMENTS
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General Public Comment Summary 36 of 42
Community Industry
Not in favor of restricted areas and exception
process
Not in favor of all reviews being done by
consultants
Does not want RF Annual Affirmation
Summary: The industry thinks our
policy and ordinance is too restrictive
and burdensome.

Location and design standards are too restrictive
and may lead to reduction in small cell
investments in San Mateo
Not in favor of height restrictions (i.e., Window)
Want to default all reviews to consultants
Expand ASA to 500 feet. More public input on
location selection
Want “stealthing” design requirements
Appeals to remain at SIC
Summary: The community thinks the
proposed policy and ordinance
should be more restrictive.

Want the new policy and ordinance applied ASAP
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37 of 42
VII. STAFF RECOMMENDATION
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Staff Recommendation 38 of 42
 Public & industry input obtained
 City Council direction received in May 2024
 SIC recommends (4-0) to move the
proposed Ordinance and Policy to City
Council

STAFF RECOMMENDS CITY COUNCIL

Senior Engineer
Public Works
Katherine Sheehan, P.E.

Deputy Director
Public Works
Matt Fabry, P.E.

Director
Public Works
Prasanna Rasiah
City Attorney
City Attorney Office
Tripp May
Managing Partner
Telecom Law Firm
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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: 20 Section Name: OLD BUSINESS Account Number: 10-6143 File ID: 24-9221 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: November 18, 2024
SUBJECT:

Senior Advisory Commission – Ordinance Introduction
RECOMMENDATION:

Introduce an Ordinance to amend San Mateo Municipal Code Chapter 2.29 “Senior Citizens Commission” to change its name to “Senior Advisory Commission” and make other miscellaneous revisions.

BACKGROUND:

On September 16, 2024, the City Council directed staff to update the San Mateo Municipal Code Chapter 2.29 to change the name of the Senior Citizens Commission to the Senior Advisory Commission. The commission was formed in 1986, and the code has not been amended since it was adopted. As such, the code has some outdated information that is being updated. Under section 2.29.010, Organization, reference to the previous Senior Advisory Council has been removed, as it does not exist anymore. Section 2.29.020, Meetings, has been updated to reflect the meeting schedule which is the second Monday of every other month at 4 PM. In section 2.29.030, Powers-Duties, reference to the implementation of the Adopted Master Plan for Senior Services has also been eliminated, as implementation of this plan has been completed.

BUDGET IMPACT:

There is no budget impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

This Ordinance introduction 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 Ordinance
Att 2 – Proposed Ordinance – Track Changes

STAFF CONTACT
Joanne Magrini, Director, Parks and Recreation
[email protected]
650-522-7404
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CITY OF SAN MATEO

DRAFT ORDINANCE
An Ordinance Amending San Mateo Municipal Code Chapter 2.29 WHEREAS, on September 16, 2024, the City Council directed staff to update San Mateo Municipal Code Chapter 2.29 to change the name of the Senior Citizens Commission to the Senior Advisory Commission; and WHEREAS, the commission was formed in 1986, and the code has not been amended since it was adopted; and
WHEREAS, under section 2.29.010, Organization, reference to the previous Senior Advisory Council has been removed, as it does not exist anymore; and
WHEREAS, Section 2.29.020, Meetings, has been updated to reflect the meeting schedule which is the second Monday of every other month at 4 PM; and
WHEREAS, in section 2.29.030, Powers-Duties, reference to the implementation of the Adopted Master Plan for Senior Services is deleted, as implementation of this plan has been completed.

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

Section 1. Section 2.29.010 of the San Mateo Municipal Code is amended as follows:

2.29.010 Organization.

The senior advisory commission of the City shall consist of no more than five members appointed by the Council. Members shall be persons who display an interest in and appreciation of senior affairs.

Each member of the senior advisory commission shall serve at the pleasure of the Council and for a term of four years or until the appointment of a successor, except that the initial terms of the first members appointed shall be determined by lot at their first meeting so that each year at least one term will expire.

Thereafter, all appointments shall be for a term of four years.

Section 2. Section 2.29.020 of the San Mateo Municipal Code is amended as follows:

2.29.020 Meetings.

Regular meetings will take place on the second Monday of every other month at 4 PM.

Section 3. Section 2.29.030 of the San Mateo Municipal Code is amended as follows:

2.29.030 Powers – Duties.

It shall be the objective of the senior advisory commission, as an advisory body to the Council, to encourage, foster, and facilitate programs for the enhancement of all matters relating to the social, economic, and personal well-being of the senior population.
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The Commission shall recommend to the Council the establishment and funding of programs and services for seniors within the City and review and make recommendations to the Council regarding any senior center operated by the City.

The Commission shall possess other such powers and duties as may be prescribed from time to time by resolution of the City Council.

Section 4. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15378(b)(5), this action is an administrative activity that will not result in direct or indirect physical changes in the environment.

Section 5. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 6. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 7. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption. 534 of 585

2.29.010 ORGANIZATION.

The senior citizens advisory commission of the City shall consist of no more than five members appointed by the Council. The President of the Senior Advisory Council, or designee, shall be an ex-officio member of the Senior Citizens Commission without the right to vote.

Members shall be persons who display an interest in and appreciation of senior affairs.

Each member of the senior citizens advisory commission shall serve at the pleasure of the Council and for a term of four years or until the appointment of a successor, except that the initial terms of the first members appointed shall be determined by lot at their first meeting so that each year at least one term will expire. Thereafter, all appointments shall be for a term of four years.

2.29.020 MEETINGS.

The commission shall meet within one month of its formation and establish itself by electing a chairperson and vice chairperson to serve at the pleasure of the board. The board may adopt reasonable rules and regulations for the conduct of its business. A regular time and place of meetings shall be established and adhered to in the manner of holding public meetings for legislative bodies in the state.Regular meetings will take place on the second Monday of every other month at 4 PM.

2.29.030 POWERS—DUTIES.

It shall be the objective of the senior citizens advisory commission, as an advisory body to the Council, to encourage, foster, and facilitate programs for the enhancement of all matters relating to the social, economic, and personal well beingwell-being of the senior population.

The Commission shall recommend to the Council the establishment and funding of programs and services for seniors citizens within the City and review and make recommendations to the Council regarding any senior citizen center operated by the City.

Further, the Commission shall periodically review the efforts being made towards implementing the recommendations set forth in the Adopted Master Plan for Senior Services and shall be charged with keeping said plan current.

The Commission shall possess other such powers and duties as may be prescribed from time to time by resolution of the City Council.
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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: 21 Section Name: OLD BUSINESS Account Number: 10-4679 File ID: 24-9315 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 18, 2024
SUBJECT:

Wet Weather Preparations - Update
RECOMMENDATION:

Receive an update on the City’s wet weather preparations and storm response activities.

BACKGROUND:

Staff has previously updated Council on wet weather preparation activities at the August 21, 2023, September 6, 2023, November 6, 2023, February 20, 2024, and September 3, 2024, Council meetings. The following sections update Council on recent preparatory actions and storm response activities, as well as additional actions staff have been implementing that have not been covered in previous presentations. For more information on past efforts related to the actions below, refer to the agenda reports for previous presentations. Note that the categorization and lettering/numbering of the following items correlates to how they were originally presented at the August 21, 2023, meeting. Items with updates are shown in bold for ease of review.

Immediate-Term Actions (No Additional Resources Required) A. Additional Marina Lagoon Pump Station pump vibration analysis at summer lagoon levels a. This action is complete.

B. Develop Marina Lagoon Alternatives Analysis for Pumping Below 95 feet a. Staff met with Ad-hoc Lagoon Committee on November 7, 2024, to further discuss alternatives for pumping below 95’ for a dock maintenance period and potential additional flood storage capacity.

C. Install debris rack at 4000 Pacific Boulevard Pump Station a. This action is complete.

D. Provide data on City’s website for Marina Lagoon levels and pumps running a. This action is complete.

E. Implement additional safety systems for trash rack cleaning at Marina Lagoon Pump Station a. This action is complete.

F. Develop a Request for Proposals (RFP) to update the 2004 Storm Drain Master Plan and develop a prioritized implementation strategy
a. This action is complete.

G. Inspect and clean all City-owned trash capture devices a. This is an annual action item scheduled to be completed as routine maintenance throughout the year.

All downtown devices have been completed as of October 30th. Large trash capture devices at Coyote Point, Dore, and Polar Avenue are scheduled to be completed by mid-November.

H. Inspect and clean all City-owned trash racks
a. This is an annual action item. Trash racks are scheduled to be cleaned in advance of anticipated storms 536 of 585

CITY OF SAN MATEO
and monitored/cleaned before and after all significant storm events. Large trash racks at 42nd, Hillsdale, 31st Avenue PS, Marina Lagoon are regularly cleaned. The remaining trash racks will be inspected and completed by mid-November.

I. Inspect and clean all storm pump station wet wells
a. This is an annual action item. Wet wells are scheduled to be cleaned in advance of the wet season and after all significant storm events. All wet wells will be inspected and cleaned by mid-November.

J. Prepare traffic control/closures and stage materials for roads with known flooding concerns a. This is an annual action item. Materials, including water walls and signs, are staged in key locations. A mobile trailer containing road closure materials/signage is ready for deployment, as needed.

K. Coordinate with Office of Emergency Services (OES) on wet weather planning and training a. This action is ongoing.

L. Work with community on Marina Lagoon Pump Station Standard Operating Procedures a. This action is complete.

M. Establish a Marina Lagoon Resident Flood Watch communication program a. This action is ongoing.

N. Coordinate improved public outreach and messaging on emergency preparations a. This action is ongoing. The City will continue to share safety messaging and emergency preparedness actions via City digital and print communication platforms. Staff are also working with OES on notification procedures in the event of an emergency and encourage residents to sign up for SMC Alerts and Nixle.

Immediate-Term Actions

1. Perform maintenance on all five (5) diesel engines, upgrade wiring, programming, and alarms, and purchase a spare pump lubricator system at Marina Lagoon Pump Station a. Engine maintenance is nearly complete. All five engines have been fully rehabilitated. A minor oil leak on one of the engines has been assessed and repairs are anticipated by the end of November. The engine is fully functional but will need additional oil during operation until repairs are complete.

2. Deploy up to four (4) sandbag stations throughout the City for upcoming rainy season, with focus on areas with history of flooding, and coordinate with community volunteers for filling bags, monitoring stations a. Staff has (3) locations: 1) the Anchor Road parking lot near the Bay Trail; 2) the parking lot at the City’s Corporation Yard; and 3) the parking lot of Beresford Park. Staff tried to secure a 4th location in the North Central neighborhood at the National Guard facility or San Mateo/Foster City School District facilities but have not gotten support from either entity.

3. Inspect and clean all catch basins before rainy season and recurring cleaning at hot spots throughout rainy season
a. This is now an annual maintenance action and ongoing. Two (2) maintenance staff, funded through the Stormwater Fee, are providing full-time M-F cleaning of catch basin. Additional crews for after hours and weekend shifts are being scheduled ahead wet-weather and anticipating fall leaf-drop impacts.

Short-Term Actions

4. Localized lagoon maintenance dredging under existing permit a. This action is ongoing. Staff selected a consultant, Moffatt & Nichol, to prepare final design packages for anticipated construction in Summer 2025. Review of lagoon bathymetric data has been completed and preparation of a Sampling and Analysis Plan (SAP) is underway.

5. Localized, small-scale drainage improvements
a. This action is complete. Five (5) locations have been repaired this season. Additional funding through the Stormwater Fee is being allocated to perform investigations on other locations next season.

6. Camera monitoring of priority creeks/trash racks
a. This action is ongoing. Procurement of cameras is complete, and installation is being scheduled at 4 locations by end of December.

7. LiDAR aerial survey (Ground surface, creeks, and lagoon bathymetric) 537 of 585

CITY OF SAN MATEO
a. This action is complete.

Mid-Term Actions

8. Storm Drain Master Plan update
a. This action is ongoing. Current tasks include evaluation of field data, initial storm model development and condition assessments of pump station components.

9. Marina Lagoon Dredging: Design, environmental, and permitting a. This action is ongoing. On October 31, 2024, staff hosted a boat tour of the Lagoon for staff members from the Army Corps of Engineers (ACOE) and the offices of Congressmember Mullin, Senator Padilla, Senator Becker, and Assemblymember Papan. The Mayor, Deputy Mayor, and Councilmember Hedges also attended portions of the tour. Follow-up meetings are being scheduled to discuss the best options for partnering with the ACOE on future large-scale dredging efforts. Staff will evaluate allocating funds to initiate design and permitting activities for Fiscal Year 25-26 pending discussions with the ACOE. Staff will also continue working with the City’s federal legislative advocate to pursue an earmark funding allocation.

Additional Activities
 Staff met with OneShoreline on September 17 and October 8, 2024 to discuss the Community Rating System, a voluntary program of the Federal Emergency Management Agency (FEMA) that provides tiered rate reduction benefits for flood insurance policies as agencies implement increased flood control management measures.

Staff will continue evaluating participation options for the City as a way to reduce the financial burden on property owners remaining in FEMA flood hazard zones within the City limits.  Staff met with the Marina Lagoon ad-hoc committee to discuss various issues, including the alternatives analysis for safely pumping the Lagoon below 95’, preliminary design information for planned spot dredging efforts at the creek mouths, Marina Lagoon wet weather preparatory efforts, including improvements at the Marina Lagoon Pump Station, and to answer community questions.

BUDGET IMPACT:

There is no budget impact associated with this informational update.

ENVIRONMENTAL DETERMINATION:

This informational update to City Council relating to the City’s wet weather preparations and storm response activities is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Matt Fabry, Public Works Director
[email protected]
650 522-7309
538 of 585

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: 22 Section Name: NEW BUSINESS Account Number: 10-2011 File ID: 24-9313 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Finance Department
MEETING DATE: November 18, 2024
SUBJECT:

City Manager, City Attorney, Department Head and Deputy Director Compensation Plan - Amendment RECOMMENDATION:

Adopt a Resolution to amend the Compensation Plan to: 1) increase salary ranges for City Attorney, City Manager, Department Heads, and Deputy Directors 2) increase executive leave to 80 hours for Department Heads and 3) adjust the deferred compensation and retirement health savings account (RHSA) language for the City Manager, City Attorney, Department Heads and Deputy Directors.

BACKGROUND:

The City Council determines the salary and benefits compensation for employees. The Department Heads and Deputy Directors are not represented by a bargaining group, and their salary ranges are determined by the City Council. The Department Heads are in at-will positions and serve at the pleasure of the City Manager. The Deputy Director classifications are in the competitive service as defined by Municipal Code Chapter 2.57.

The majority of Department Heads and Deputy Directors last received increases to their salary ranges on March 5, 2023.

The proposed Resolution recommends a 3 percent increase effective November 24, 2024 to the salary ranges for department heads and deputy directors, with a 5.9 percent increase for the Director of Information Technology classification, and a 2 percent increase for the Deputy Director of Finance classification since both were found to be behind the market median in the most recent total compensation survey. The proposed Resolution also provides for a 3 percent increase effective November 23, 2025, and a 3 percent increase effective November 22, 2026, for all Department Heads and Deputy Directors. The updated Resolution also gives the City Attorney and City Manager a 3 percent cost of living adjustment (COLA), the same amount at the same time as the unrepresented Department Heads, as outlined in their respective employment agreements dated February 5, 2024, and June 20, 2023.

In addition, the proposed Resolution increases the executive leave accrued by Department Heads from forty-eight (48) hours to eighty (80) hours starting the first full pay period following approval of the compensation plan. The Resolution also updates the deferred compensation and retirement health savings account (RHSA) language in the Compensation Plan to adjust how discretionary leaves are distributed upon separation from the City for the City Manager, City Attorney, and Misc. Department Heads. All other proposed changes to the Compensation Plan are clean up to outdated language.

Pursuant to City Charter Section 4.02, the City Council provides for the compensation of all officers and employees and salaries shall be fixed by Resolution. Title 2 of the California Code of Regulations (CCR), Section 570.5, requires the City Council to adopt a full salary schedule, as a standalone document detailing the rates of pay for each City classification, and to maintain this salary schedule as a publicly available document for at least five years. The California Public Employees’ Retirement System (CALPERS) uses this salary schedule to determine the “compensation earnable” when calculating the monthly pension an individual will receive when they retire. “Compensation earnable” is defined by the Public Employees’ 539 of 585

CITY OF SAN MATEO
Retirement Law (PERL) Government Code Sections 20636, and 20636.1 as pay rate and special compensation as defined in the statutes.

BUDGET IMPACT:

There is no budgetary impact due to the compensation adjustments for department heads and deputy directors. The adopted FY 2024-25 budget assumed 3 percent salary range increases, and the additional proposed equity adjustments can be accommodated within existing departmental budget appropriations.

ENVIRONMENTAL DETERMINATION:

This plan 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 – City Manager, City Attorney, Department Head, Deputy Director Compensation Plan Att 2 - Track Changes Exhibit A - City Manager, City Attorney, Department Head, Deputy Director Compensation Plan

STAFF CONTACT
Abby Veeser, Deputy Director
[email protected]
(650) 522-7102
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CITY OF SAN MATEO
RESOLUTION NO. ___ (2024)

APPROVING AMENDMENTS TO THE CITY ATTONEY, CITY MANAGER, DEPARTMENT HEAD, AND DEPUTY

DIRECTOR COMPENSATION PLAN
WHEREAS, the Department Heads and Deputy Directors are not represented by a bargaining group, and compensation is determined by the City Council; and, WHEREAS, executive positions consist of the at-will heads of city departments who serve at the pleasure of the City Manager; and,
WHEREAS, Deputy Director classifications are in the competitive service as defined by Municipal Code Chapter 2.57; and,
WHEREAS, a consolidated compensation plan specific to the City Attorney, City Manager, Department Heads, and Deputy Directors has been set forth in a resolution; and, WHEREAS, the Adopted FY 24-25 Budget assumed three percent (3%) salary increases for City Attorney, City Manager, Department Heads, and Deputy Directors as set forth in the resolution; and WHEREAS, the total compensation survey recommends a five and nine tenths percent (5.9%) increase to the Director of Information Technology salary range effective November 24, 2024; and, WHEREAS, the total compensation survey recommends a two percent (2.0%) increase to the Deputy Director of Finance salary range effective November 24, 2024; and, WHEREAS, the resolution results in no significant budget impact in fiscal year 2024-25; and, WHEREAS, the City recommends an additional thirty-two (32) hours of executive leave for Department Heads, bringing their total accruals to eighty (80) hours, based on the hours they work outside regular hours.

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

1. This City Council action 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 Consolidated City Attorney, City Manager, Department Head, and Deputy Director Compensation Plan, for the City Attorney, City Manager, Department Head, and Deputy Director classifications, are approved as follows:

Salary: 3.0 percent increase for Department Heads and Deputy Directors effective 541 of 585
November 24, 2024. 3 percent COLA increase for the City Attorney and City Manager per their respective agreements effective November 24, 2024.

Executive Leave: Department Heads shall accrue eighty (80) hours per year of executive leave, on a pay period basis, effective November 24, 2024.

Deferred Compensation: An update to the deferred compensation and retirement health savings account (RHSA) language of the Compensation Plan as outlined in Exhibit A.

3. The amendments to the Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan, for the Director of Information Technology and the Deputy Director of Finance classifications, are approved as follows:

Salary Increases effective November 24, 2024:

5.9 percent increase for Director of Information Technology 2 percent increase for Deputy Director of Finance

4. The Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan, including the salaries set forth in Exhibit A, Attachment 1 attached hereto are approved.
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EXHIBIT A

CONSOLIDATED CITY MANAGER, CITY ATTORNEY, DEPARTMENT HEAD AND DEPUTY DIRECTOR

COMPENSATION PLAN
SALARY
Successful employee performance is a key factor in determining compensation.

Salaries have been established for the City Manager and the City Attorney. The current amounts are listed in Attachment 1.

A three-step salary range has been established for each Department Head and Deputy Director classification. The proposed salary ranges with three percent (3%) increases, and a five and nine tenths precent (5.9%) increase for the Director of Information Technology classification and a two percent (2%) increase for the Deputy Director of Finance are listed in Attachment 1. Effective November 23, 2025, the proposed salary ranges will receive three percent (3%) increases. Effective November 22, 2026, the proposed salary ranges will receive three percent (3%) increases. Salary placement is based upon performance review and experience.

The City Manager is authorized to offer unrepresented management employees or potential unrepresented management employees, on a case by case basis, additional fringe benefits incentives, not to exceed 10% of the position’s base salary.

TEMPORARY UPGRADE PAY
In the event the City Manager determines that it is necessary to assign a Department Head or Deputy Director to perform all of the duties of a higher paid classification for two or more consecutive workweeks, he/she shall receive payment for the higher classification for the entire duration of the assignment. The City Manager shall set the salary within the established salary range. Except with the approval of the City Manager, a temporary upgrade assignment shall not continue for longer than one year.

When an employee performs a significant portion but not all of the duties of a higher paid classification, the employee may petition the City Manager for a differential in pay of up to 10%, to be determined by duties assigned for this work out of class.

EMERGENCY WORK
In the event a City Council declared emergency necessitates the devotion of excessive working time by certain management employees in order to maintain essential public services, the City Manager may authorize overtime on a case-by-case basis. Such authorization shall terminate upon cessation of the City Council declared emergency.

PERSONAL TRAINING
Department Heads and Deputy Directors are encouraged to attend instructional programs, conferences and seminars as available in the department’s budget. If the cost to attend exceeds $2,000, attendance must be pre-approved by the City Manager. 543 of 585

LEAVE ACCRUALS
Employees shall accrue vacation leave, sick leave and holiday leave on a pro-rata basis in proportion to regular hours on the payroll. Credit shall not be received for time off without pay. Vacation leave, sick leave, and holiday credits shall accrue from date of appointment.

Absences of less than four hours shall not be deducted from leave balances. Employees are expected to work a minimum of 40 hours per week, with schedules that may vary from day to day based on workplace needs.

HOLIDAYS
The holidays to be observed are as follows:

A. New Year's Day, January 1st
B. Martin Luther King's Birthday, 3rd Monday in January C. President's Day, 3rd Monday in February
D. Memorial Day, last Monday in May
E. Juneteenth, June 19th
F. Independence Day, July 4th
G. Labor Day, 1st Monday in September
H. Veteran's Day, November 11
I. Thanksgiving Day, 4th Thursday in November
J. The day after Thanksgiving
K. Christmas Day, December 25th
L. Every day approved by the City Council as a public holiday, public fast, or a day of mourning M. Three (3) floating holidays to be taken on working days mutually agreeable to the employee and the department. Employees shall accrue twelve (12) hours of floating holiday time during the first full pay period in January and July each year.

If a holiday falls on Sunday, the following Monday shall be observed. If a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. If a holiday falls on one’s regularly scheduled day off, holiday time shall be granted.

In the event holidays fall while an employee is on vacation leave, such holidays shall not be charged as vacation leave.

Employees have a forty (40) hour maximum holiday accumulation.

Realizing that not all Safety Department Heads and Safety Deputy Directors are able to take holidays when they fall, as determined by the City Manager, such managers shall be compensated by being placed on a bi-weekly holiday factor. Holiday leave shall never accumulate to more than eighty (80) hours. Effective with the pay period starting December 29, 2019, such managers shall be compensated by receiving holiday-in-lieu pay at the rate of 5.0% of base pay each pay period. 544 of 585

VACATION
Vacations are essential to the employee's welfare and they are granted by the City to allow employees relaxation and rest from their duties. It is the policy of the City not to allow the excess accumulation of vacation leave. All full-time employees shall be entitled to vacation leave with pay as provided below after completion of continuous service with the City. The time at which an employee may take vacation shall take into consideration the needs of the City.

Employees shall accrue a vacation allowance at the rate of 20 days per year for the first 12 years of service, 22.5 days per year for 13 through 23 years of service, and 25 days per year at the beginning of 24 years of service. The above allowances shall be pro-rated for employees beginning employment or leaving employment with the City during a biweekly pay period.

The City Manager is authorized to provide at-will department heads with vacation accrual based upon the number of years of prior service with public entity employers. The City Manager and City Attorney are provided with this benefit.

The City Manager can provide new Department Heads and Deputy Directors with a balance of up to 80 hours of vacation leave upon hire. The City Manager and City Attorney are provided with this benefit.

Department Heads and Deputy Directors may not accrue more than two times (2x) their vacation leave.

Employees who leave employment shall be paid the straight-time salary equivalent in a lump sum for all accrued vacation leave earned. Such compensation for prorated vacation of separated employees shall be paid by adding or deducting from his or her final paycheck.

VACATION SELL BACK
An employee may make an irrevocable election to sell back to the City eighty (80) hours of accumulated vacation at the employee’s established rate of pay per calendar year. At the time of election, the
employee must already have taken a minimum of two (2) weeks’ vacation in the preceding twelve (12) months.

Requests must be received by Payroll no later than December 31 for the following year elections. No employee can elect to sell back more than their annual vacation accrual. Elected hours not requested for distribution (sell back) by December 1 will be automatically distributed in the next pay period (sell back cannot be more than the hours available at time of distribution).

EXECUTIVE LEAVE
Department Heads shall accrue eighty (80) hours per year of executive leave and Deputy Directors shall accrue forty-eight (48) hours per year of executive leave, on a pay period basis. Executive leave for both shall have a maximum balance of eighty (80) hours. Department Heads and Deputy Directors may sell back up to forty (40) hours per calendar year, following the procedures outlined 545 of 585
in ‘VACATION SELL BACK’.

A Department Head may recommend to the City Manager that an additional amount of executive leave 546 of 585
be authorized for a Deputy Director, up to an additional forty (40) hours. This additional leave may be granted based on excessive hours, the value of the extraordinary effort, and the performance of the employee. The City Manager has full discretion in deciding whether to grant additional leave. In the event that the additional hours take the employee over the eighty (80) hour maximum, they must sell back any hours above the maximum accumulation allowable.

SICK LEAVE
The purpose of sick leave is to continue the compensation of employees who must remain off their jobs because of illness or disability. Such sick leave is a privilege which employees can exercise in the event of his/her bona fide illness or disability or in the event their presence away from work is essential because of illness, death or disability of their immediate family.

For full-time employees, leave shall be accrued at the rate of 3.7 hours for each biweekly pay period (12 days per year). Unused sick leave shall be accumulated. Any employee who is on paid leave shall continue to earn sick leave. An employee who is on leave without pay shall not accrue sick leave. Sick leave shall accrue during an absence due to a work-related disability.

The City Manager can provide new Department Heads and Deputy Directors with up to 80 hours of sick leave upon hire. The City Manager and City Attorney are provided with this benefit.

A Department Head is responsible for determining that only bona fide personal or family sick leave is taken, consistent with standards established by the City. This may include the submission of a doctor’s certificate with prior notice.

Protected Sick Leave
Protected sick leave may be taken and if taken, shall be charged to sick leave, vacation, holiday, or executive leave for the following reasons:
o The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee.
o The diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee’s family member.
o An employee who is a victim of domestic violence, sexual assault, or stalking.

Employee family member means parent, spouse, domestic partner, son, daughter, domestic partner’s child, sibling, stepchildren, mother-in-law, father-in-law, grandparents and grandchildren.

Not more than six (6) days of such protected sick leave shall be granted in any one (1) calendar year.

However, if extenuating circumstances exist in the opinion of the City Manager, a reasonable extension of the six (6) day limit may be granted. Any additional leave so granted shall be charged against the worker's sick leave accumulation.

Family Care Leave
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In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible workers for up to 12 weeks per rolling 12-month period. The City-wide policy will adhere to applicable Federal and State laws.

Bereavement
In the event of a death in the immediate family, employees may take accrued sick leave of up to three (3) days (two (2) shifts for 56-hour employees), or up to five (5) days at the discretion of the City Manager. Bereavement Leave shall be tracked separately from Protected Sick Leave. In this context, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of his/her death, stepchild, mother, father, stepmother, stepfather, mother-in- law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

Sick Leave Payout
Upon service or disability retirement, employees shall be paid fifty (50%) of their accrued sick leave up to a maximum of four hundred eighty (480) hours payment; see “DEFERRED COMPENSATION AND RETIREMENT HEALTH SAVINGS ACCOUNT (RHSA)” section for more details. No payments of sick leave shall be due or owed to anyone who is terminated by the City.

DISABILITY LEAVE
The purpose of this Section is to continue the compensation of employees who must remain off their jobs as a result of disability occasioned or injury received as a result of the discharge of their duties as employees of the City. The Department Head is responsible for determining that only bona fide disability leave is taken.

For each disability, employees shall be allowed disability leave up to and including sixty (60) working days. Such disability leave shall be at full pay, less the amount paid by Workers' Compensation.

Disability in excess of that provided in this Section shall be compensated for only under the provisions of the Workers' Compensation Act of the State of California If the sixty (60) working days is exhausted, additional time off may be charged to sick leave with the following exception; employees shall not be charged sick leave for that portion of their salary for which temporary disability payments are received under the State Worker's Compensation Law.

Additional compensation may be awarded by Resolution of the City Council to employees disabled or injured in line of duty, if recommended by the City Manager.

JURY LEAVE
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee notifies their Department Head immediately of the notice of jury duty. 548 of 585

MILITARY LEAVE
Military leave shall be granted by the City in accordance with the provisions of State and Federal laws.

LEAVE OF ABSENCE WITHOUT PAY
Regardless of the combination of paid and unpaid leave used, a leave of absence shall not exceed twelve
(12) months in duration, unless otherwise required by law.

Leaves of absence may be granted in cases of illness; in cases of personal emergencies, including childbirth; for education and training; or when such absences would not be contrary to the best interests of the City. Any request for leave of absence shall be made in writing for review and approval by the City Manager.

LONG TERM DISABILITY INSURANCE
The City shall provide long-term disability insurance providing for a sixty (60) day elimination period, subject to prior exhaustion of accrued sick leave or other applicable benefits, and payment of a monthly benefit equivalent to sixty-six and two-thirds percent (66 ⅔%) of full basic monthly salary less any deductible benefits.

SOCIAL SECURITY
Social Security for miscellaneous employees is paid equally by the City and the employee at 6.2% on the Social Security Wage Base. Safety employees hired on or after April 1, 1986 pay 1.45% as the Medicare cost of Social Security.

RETIREMENT
Retirement benefits shall be compensated for under applicable legislation pertaining to the California Public Employees’ Retirement System (CalPERS). The City currently provides the following retirement benefits:

Safety
o 3% @ 50 Formula with Single Highest Year Final Compensation for safety employees hired before December 9, 2012.
o 3% @ 55 Formula with highest average annual pensionable compensation earned during 36 consecutive months of service for “classic” members hired on or after December 9, 2012.
o 2.7% @ 57 Formula with highest average annual pensionable compensation earned during 36 consecutive months of service for “new” members hired on or after January 1, 2013.
o 1959 Survivor Benefit Level 4
o COLA 2% in retirement
o Death Benefit (DB) Continues (spouse continues to get DB after remarriage) o Pre-Retirement Option 2 DB (If retirement eligible employee dies prior to retirement, spouse can elect to get ongoing retirement benefits)
o Military Service Buyback
o Retired Death Benefit (DB) $500
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o Prior Service Credit
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o Peace Corps: VISTA Buyback
Classic members with the 3% @ 50 Formula or 3% @ 55 Formula pay 50% of the total normal cost rate. The contributions toward employer rate will be pre-tax under 414(h)2. New members of PERS hired after January 1, 2013 with the 2.7% @ 57 Formula pay 50% of the normal cost rate. The contributions toward employer rate will be pre-tax under 414(h)2.

Miscellaneous
o 2% @ 55 Formula with single highest year compensation for “classic members” hired before December 9, 2012
o 2% @ 55 Formula with three-year final compensation for “classic members” hired on or after December 9, 2012
o 2% @ 62 Formula with three-year final compensation for “new members” hired on or after January 1, 2013
o Social Security Coverage
o COLA 2% in retirement
o Death Benefit (DB) Continues (spouse continues to get DB after remarriage) o Pre-Retirement Option 2 DB (If retirement eligible employee dies prior to retirement, spouse can elect to get ongoing retirement benefits)
o Military Service Buyback
o Retired Death Benefit (DB) $500
o Prior Service Credit
o Peace Corps: VISTA Buyback
Classic members with the 2% @ 55 Formula pay 50% of the total normal cost rate. The contributions toward employer rate will be pre-tax under 414(h)2. New members hired after January 1, 2013 with the 2% @ 62 Formula pay 50% of the normal cost rate. The contributions toward employer rate will be pre- tax under 414(h)2.

HEALTH INSURANCE
The City shall make contributions on behalf of employees eligible for Group Medical Coverage under the various plans available to the City in the amounts necessary to a maximum contribution of $160.00 per employee per month. The City's health contribution during part-time employment shall be made on a pro rata basis in accordance to hours on the payroll.

The City shall make available to eligible current and retired employees, benefits equal to the Meyers-Geddes State Employees' Medical and Hospital Care Act.

FLEXIBLE BENEFITS PLAN
All contributions to the flexible benefits plan are contingent upon compliance with state and federal rules and regulations. Benefits shall be taxed as required by law.

The City shall contribute up to $1,797.71 (inclusive of the $160 maximum City contribution towards group medical insurance) per month towards the flexible benefit plan. 551 of 585
On January 1, 2019 and each January during the term of this Agreement, the City’s contribution to the Plan will be increased up 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.

If an employee is eligible for alternative group medical insurance through a spouse or domestic partner’s employer-sponsored medical plan, or through a parent’s insurance, 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 $160.00 per month as taxable income.

LIFE INSURANCE
The City shall provide $50,000 life insurance and $10,000 accidental death and dismemberment insurance without regard to membership in any health plan.

DENTAL INSURANCE
The City shall provide dental care benefits for employees and their dependents including domestic partners. The dental benefits 100/80/80 include a maximum calendar year payment of $3,000 and 50% orthodontic coverage with a $3,500 lifetime maximum.

VISION INSURANCE
Vision Benefits include an annual exam, lenses, and frames with an annual deductible of twenty-five dollars ($25).

MONTHLY AUTO ALLOWANCE OR MILEAGE ALLOWANCE
The City Manager and City Attorney shall receive a $375.00 monthly allowance. With City Manager approval, department heads shall receive a $375.00 monthly auto allowance.

Upon department head recommendation and City Manager approval, certain deputy directors shall receive a $300.00 monthly auto allowance.

Employees that do not receive a monthly auto allowance and must use their private vehicles for official city business shall be reimbursed at the IRS established rate.

UNIFORM ALLOWANCE
The Police Chief and Deputy Police Chief shall receive $36.73 per pay period.

DAMAGE REIMBURSEMENT
Safety employees shall be reimbursed the reasonable value of any personal equipment or clothing damaged or destroyed in discharging duties under stress or strain where normal caution cannot be exercised.
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HOUSING ASSISTANCE
It shall be the policy of the City to assist newly appointed Charter Officers, consisting of the City Manager, City Attorney and Department Heads, to reside within the City of San Mateo by making available, as part of their compensation, a secured loan of City funds to acquire local housing. Said loans shall be made available only upon the following terms and conditions:
o It shall constitute a part of the compensation for said employees’ services, to be evidenced by a separate written agreement entered into at or near the time of initial appointment. o The loan shall not exceed an amount which is equal to four (4) times the appointee’s annual compensation.
o The loan shall be available only upon residential property within the City which is, in fact, the residence of the employee, and shall be due and payable in full upon termination of the employment.
o The loan must be secured to the satisfaction of the City Council, and evidenced by a promissory note secured by a deed of trust, which shall be due and payable in full upon sale or transfer of the property, or upon termination of the employment of the employee borrower, whichever occurs first.
o The interest rate initially charged on the loan shall equal the interest rate received by the City on the investment of all City funds for the most recently concluded calendar year, as calculated and determined by the City Treasurer. The initial interest rate shall remain constant for five years from date of the initial agreement and shall thereafter be adjusted on each fifth anniversary of the agreement to the interest rate received by the City for the then most recently concluded calendar year.

DEFERRED COMPENSATION AND RETIREMENT HEALTH SAVINGS ACCOUNT (RHSA) Employees are eligible to participate in the City-offered 457 deferred compensation plans. All contributions to deferred compensation plans and retirement health savings accounts are contingent upon compliance with state and federal rules and regulations.

Effective November 18, 2024, the RHSA Plan was modified regarding contributions and separation pay to reflect the following:

Safety Department Head:
o 1% City contribution to RHSA
o 100% of eligible sick leave, and 100% of discretionary leave to RHSA upon separation from City Service
Miscellaneous Department Heads hired before January 1, 2013:
o 2% Employee/City match to deferred compensation
o 0.5% City contribution to deferred compensation
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o 100% of eligible sick leave, and 100% of vacation leave, to RHSA upon separation from City Service
City Manager, City Attorney, and Miscellaneous Department Heads hired on or after January 1, 2013:
o 2% Employee / City match to RHSA
o 0.5% City contribution to deferred compensation
o 100% of eligible sick leave to RHSA upon separation from City service Miscellaneous Deputy Directors:
o $50.00 per pay period employee contribution to RHSA
o 2% Employee / City match to deferred compensation
o 0.5% City contribution to deferred compensation
o 100% of eligible sick leave to RHSA upon separation from City service

SEVERANCE
Employees separating from the City shall not be allowed to remain on the payroll after their last day at work. Severance payment shall be provided in a lump-sum for all leave accrual eligible for payout. The intent of this paragraph is to prevent employees from running out vacation and thereafter not returning to work or returning for only a very short time period.

With City Manager approval, Department Heads shall be eligible for severance payment equal to as much as six months of base salary and six months benefits payment or continuation of benefits upon involuntary termination without “just cause”.

PROFESSIONAL DUES
Upon request, the City shall pay a reasonable amount for membership dues for one professional organization for each employee.

PERFORMANCE EVALUATIONS
Employee performance goals are set early in the evaluation year. A mid-year review of the employee’s progress towards completing the performance goals should occur. A written evaluation shall be completed by the supervisor and reviewed with the employee at the end of the evaluation year.
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EMPLOYMENT PROVISIONS SPECIFICALLY FOR DEPUTY DIRECTORS

PROBATIONARY PERIOD
The probationary period is the length of time required for an employee to become proficient in his/her position, and for the Department Head to adequately judge the proficiency. The standard probationary period shall be twelve months, but the Department Head may shorten or lengthen it by up to six months depending on the proven proficiency of the probationer.

LIMITED DURATION POSITION
The City may hire employees in limited duration positions (non-permanent positions) that will not exceed three (3) years for any of the following reasons: (1) where the position is created for a project(s) or work that is expected to be completed within three (3) years; (2) where the position is funded by grant funds of three (3) or less years in duration; or (3) where the position is funded by moneys from capital or enterprise funds that may be unavailable after three (3) years. Employees shall be informed of the duration of the position at the time of employment. At the end of the position’s duration, employment shall terminate and the employee shall not have layoff rights, bumping rights, severance payments or reemployment rights. This provision shall supersede Personnel Rule Sections 1 (13) and
(24). Should an employee who was originally hired to fill a limited duration position be later appointed to a permanent merit position, his/her hire date will be that date that service began in the limited duration position.

CONTINUOUS SERVICE
Continuous service shall mean service in any merit classification since original appointment with the City, excluding any time prior to a break in service. One (1) year of completed continuous service shall include, but not be limited to, all time while the employee is on sick leave and/or vacation leave.

Neither military leave nor leave of absence without pay shall constitute an interruption in computing continuous service. However, leaves of absence without pay of over one month shall not be included when computing length of continuous service for vacation purposes.

LAYOFF
Whenever, in the judgment of the City Council, it becomes necessary to abolish a position(s), including the reduction of work hours over twenty percent (20%) per year, the employee(s) displaced shall be deemed to be laid off (employees may accept an hours reduction in excess of twenty percent (20%) without exercising their layoff rights). The rights of employees affected by the abolishment of positions by the City Council shall be hereafter set forth.

Seniority for purposes of layoff need not be continuous and shall include total accumulated length of service under the following types of appointment:
o Emergency appointment under SMMC 2.57.60(h) or previous SMMC Section 2.57.020 (11). o Regular appointment under SMMC 2.57.080.
o Provisional appointment under SMMC 2.57.070(d).
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o Appointment as City Manager's assistants under SMMC 2.57.060(a) from a position in the classified service.
o Appointment as a Department Head under SMMC 2.57.060(d) from a position in the classified service.
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In the case of ties, seniority shall be determined on the basis of greater hire date seniority, then by random number if necessary.

Seniority for Layoff Purposes
o The least senior employee in the classification from which the position is abolished is to be first laid off. Prior to layoff of regular employees, temporary and/or provisional employees in the same classification will be laid off first. For purposes of initial layoff, seniority means time in the classification in question. Flexibly staffed positions will be considered a single classification for layoff purposes.
o For the purposes of Bumping Rights, seniority is defined as seniority within the classification and seniority in a directly related higher classification; i.e., a classification that is within the promotional line and has a higher salary.

Bumping Rights
Employees laid off may elect to be reassigned to a formerly held classification in any Unit held by an employee with less seniority as defined in 22.2, provided the following conditions are met:
o The formerly held classification exists and has positions allocated and budgeted. Formerly held position includes successor classification if determined by the City to exist. A successor classification exists where the Personnel Board has changed the title of a position or included new duties in the same titled classification, provided that a competitive test was not thereafter given for the retitled or re-dutied classification.
o The employee has the ability to perform the essential functions of the formerly held classification. Qualifications may be tested by the City as described in the current job description.
o If the employee has more than one formerly held City classification, they shall bump to the classification most recently held; the employee may bump into another formerly held classification if no position is available in the "most recently held" classification.

Mutually Agreed Upon Transfer
The City and an employee who has been laid off or bumped may agree to an appointment to a classification that has a vacant position without the need for competitive testing. The following conditions shall apply:
o The City may test the ability of the employee for the position prior to City's decision on whether it will mutually agree to the transfer;
o The appointment shall be subordinate to the bumping rights of other employees and may not be used to prevent another employee from having access to the vacant position if permitted by the bumping provisions.

Severance Package
In the event there is not a less senior, formerly held position for the employee to access through layoff or bumping, the employee will be provided a severance package equal to two (2) weeks of pay for each complete year of service, to a maximum of six (6) months’ worth of pay. The City shall make arrangements to provide employees laid off with job search assistance for forty-five (45) days following
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the effective date of layoff. Job search assistance shall include job and career counseling, resume preparation, and job search assistance at City expense.

Salary in Event of Change Due to Layoff
An employee's rate of compensation in the event of position change resulting from layoff shall be the salary step in the classification to which the employee is laid off which is closest to the base salary received immediately prior to layoff.

Notice of Layoff
The City will notice the employee to be laid off and the employees who will be impacted by bumping by registered mail or hand delivery. Affected employee organizations shall be noticed concurrently by registered mail. The notice shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been provided to the Human Resources Department by the employee. After notice to the employee and employee organizations, the names of employees to whom layoff notices have been sent will be posted at the Human Resources Department in City Hall. The notice shall state the layoff action to be taken, the options available to the employee, reemployment rights, and layoff procedures. Employees shall have ten (10) calendar days to inform the Human Resources Department in writing of the decisions on options stated in the notice. In the event that the employee fails to state their decision, the City shall select an option and City's decision shall not be subject to appeal. The City shall select an option that retains employment with the City if such option exists. The failure to receive notice shall not be grounds to set aside actions taken.

Effective Date of Layoff
Thirty (30) calendar days after notice is mailed to the employee, unless a later effective date is stated in the notice. An appeal shall not modify the effective date, provided, however, that where an appeal is successful and the layoff is nullified the employee shall be provided salary and benefits as if there was not a layoff.

The appeal shall be heard by the City Manager/designee within ten (10) calendar days of filing the appeal. A decision will be rendered within ten (10) calendar days of the hearing. Notice will be given by first class mail to the employee and the Association. A further appeal to the Personnel Board may be filed within five (5) calendar days of mailing by filing a written appeal with the Human Resources Office stating the basis for the appeal. The hearing will be held within ten (10) calendar days of the filing of the appeal or as soon thereafter as a quorum of the Board may be gathered and a decision rendered within five (5) calendar days of the hearing.

Recall and Reinstatement
Employees shall be entitled to recall rights to the position from which they were laid off or bumped 558 of 585
for a
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period of two (2) consecutive years from the effective date of layoff or bumping. The effective date of layoff or bumping shall be the employee's last day of work in the classification from which they were laid off or bumped.

When a vacancy occurs in a job classification, laid off or bumped employees eligible to return to that job classification shall be recalled in the inverse order of bump or layoff. Permanent employees who were laid off or bumped are eligible to return to the job classification in which permanent status was held.

Employees reinstated under this Section shall not be subject to a new probationary period.

Probationary employees who did not have permanent status at the time of layoff shall be required to serve the remainder of any probationary period upon recall.

When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been furnished by the laid off/bumped employee. To expedite recall, more than one employee may be notified of an opening.

The employee shall have fourteen (14) calendar days to reply to City from the date of mailing of the recall notice. If employees fail to respond within fourteen (14) calendar days of notice to the City, they shall lose all recall rights. It is the responsibility of the employee who has been laid off to keep the City informed of their address and telephone number. The City has no responsibility to attempt to trace an employee if notice of reinstatement is not delivered by the Post Office.

Employees reinstated after layoff shall be treated as though they have been on leave of absence without pay in computing salary, vacation, sick leave and other benefits. The right to reinstatement is contingent upon the ability of the employee to perform the essential functions of the position to which the employee is being returned.

REEMPLOYMENT
Any permanent employee, separated from a position through resignation and without fault of delinquency on their part, upon recommendation of the reemploying Department Head may be reemployed to the former position, or to another position in the same class, within two (2) years, provided there is an authorized vacancy and the employee meets the requirements for employment. Reemployed employees shall be subject to a probationary period, and upon the recommendation of the reemploying Department Head, may receive credit for former employment in the determination of the amount of vacation allowance, sick leave, other benefits and their salary step.

DISCIPLINARY ACTION
Employees who are safety personnel covered by the Police Officers’ Bill of Rights (POBR) shall continue to have those rights afforded them.

The term "disciplinary action" shall include the following actions which may be taken by a Department Head:
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A. Letter of Reprimand (for employees covered by the POBR only) 561 of 585
B. Suspension without pay up to thirty (30) calendar days; C. Salary reduction;
D. Demotion; or
E. Dismissal
A reduction in hours or a change in schedule, scheduling for workload reasons, a change in work assignment, layoff, letter of reprimand, and performance evaluations shall not be considered as discipline (unless otherwise noted above).

Whenever a disciplinary action is proposed to be taken against a deputy director, he/she shall be notified in writing of the proposed disciplinary action at least five (5) working days in advance of the pre- disciplinary (“Skelly”) hearing. “Working days” is defined as days on which City Hall is open for business. Such written notification shall include a statement of the proposed disciplinary action to be taken; 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 employee so he/she can understand said charges; a statement indicating the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies; and a statement describing any actions taken against the employee in the past.

Whenever disciplinary action is taken against a deputy director, he/she shall be notified in writing of the action taken. Such written notification shall include a statement of the disciplinary action taken; 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 employee so he/she can understand said charges; a statement indicating the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies; a statement describing any actions taken against the employee in the past; and a statement advising the employee that the written notice is to be placed in his/her official personnel file and that he/she has a right to appeal to the Personnel Board. A Department Head may impose discipline immediately.

APPEAL OF DISCIPLINARY ACTION
A deputy director can appeal the receipt of disciplinary action to the Personnel Board by delivering a written notice of appeal to the Human Resources Department within ten (10) working days of the date the written notice of disciplinary action was served upon him/her. In the event the deputy director fails to deliver a notice of appeal to the Human Resources Department within said ten (10) working day period, the disciplinary action shall become final, and the Deputy Director shall have no further right to appeal.

The written notice of appeal filed with the Human Resources Department shall not be required to be in any particular format; however, it shall contain at least the following information:

1. The name and address of the deputy director;

2. The date of the disciplinary action and a statement to the effect that the deputy director appeals the disciplinary action; and

3. The notice of appeal shall be dated and signed by the deputy director or by his/her representative.
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When the Human Resources Department receives a notice of appeal which complies with the requirements set forth herein, the Human Resources Director shall schedule the matter for hearing.

For a Letter of Reprimand (for employees covered by the POBR only), the hearing is with the Department Head or his/her designee. For suspension without pay, in-grade salary reduction, demotion, or dismissal, the hearing is scheduled at the next available regular meeting of the Personnel Board at least fifteen (15) working days after receipt of the notice of appeal.

For Letters of Reprimand issued to employees covered by the POBR, the Department Head or his/her designee shall render a final decision concerning the appeal following the hearing, within ten (10) days after the matter is submitted. The decision of the Department Head or his/her designee shall be final and conclusive. For suspension without pay, in-grade salary reduction, demotion, or dismissal, the Personnel Board shall render written findings and recommendations and final decisions concerning the appeal within ten (10) working days after the matter is submitted.

The decision of the Personnel Board shall be final and conclusive unless determined otherwise by a court of competent jurisdiction.

Safety shoes shall be defined by a classification’s standard or by the employee’s department head. 563 of 585
Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan ATTACHMENT 1
City Manager and City Attorney
The salary for City Manager was effective November 24, 2024 based on City Council action taken on November 18, 2024. The salary for City Attorney was effective November 24, 2024 based on City Council action taken on November 18, 2024.

TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL
CITY MANAGER $167.38 $13,390.00 $29,011.67 $348,140.00
CITY ATTORNEY $141.13 $11,290.38 $24,462.50 $293,550.00 Salary is based on a 40-hour work week.

Department Heads
Effective November 24, 2024, the City Manager shall establish salaries for department heads for their respective positions at a step within the monthly ranges indicated below.

JOB

CODE TITLE

STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
1260

ASST CITY

MANAGER
STEP 1 127.02 10,161.71 22,017.03 264,204.37
STEP 2 133.37 10,669.79 23,117.88 277,414.59
STEP 3 140.04 11,203.28 24,273.78 291,285.32
1140

CHIEF OF
POLICE
STEP 1 145.53 11,642.44 25,225.30 302,703.62
STEP 2 152.81 12,224.57 26,486.55 317,838.69
STEP 3 160.44 12,835.80 27,810.89 333,730.59
1230 CITY CLERK STEP 1 96.71 7,736.45 16,762.30 201,147.63 STEP 2 101.54 8,123.27 17,600.42 211,205.01
STEP 3 106.62 8,529.43 18,480.44 221,765.27
1210
CITY

LIBRARIAN
STEP 1 109.08 8,726.33 18,907.05 226,884.61
STEP 2 114.53 9,162.65 19,852.40 238,228.84
STEP 3 120.26 9,620.78 20,845.02 250,140.29
1160

DIR COMM

DEVELOPMENT
STEP 1 109.20 8,735.72 18,927.40 227,128.85
STEP 2 114.66 9,172.51 19,873.77 238,485.29
STEP 3 120.39 9,631.14 20,867.46 250,409.55
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JOB

CODE TITLE

STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
1270

DIR INFO

TECHNOLOGY
STEP 1 112.65 9,012.19 19,526.41 234,316.90
STEP 2 118.28 9,462.80 20,502.73 246,032.75
STEP 3 124.20 9,935.94 21,527.87 258,334.39
1250

DIR PARKS &

RECREATION
STEP 1 109.20 8,735.72 18,927.40 227,128.85
STEP 2 114.66 9,172.51 19,873.77 238,485.29
STEP 3 120.39 9,631.14 20,867.46 250,409.55
1120

DIR PUBLIC
WORKS
STEP 1 115.30 9,224.23 19,985.82 239,829.86
STEP 2 121.07 9,685.44 20,985.11 251,821.35
STEP 3 127.12 10,169.71 22,034.37 264,412.42
1220

FINANCE

DIRECTOR
STEP 1 115.04 9,203.31 19,940.50 239,286.02
STEP 2 120.79 9,663.47 20,937.53 251,250.32
STEP 3 126.83 10,146.65 21,984.40 263,812.84

DIR HUMAN
1180 RESOURCES STEP 1 110.10 8,807.95 19,083.88 229,006.60 STEP 2 115.61 9,248.34 20,038.06 240,456.81
STEP 3 121.39 9,710.76 21,039.97 252,479.77
Salary is based on a 40-hour work week.

Deputy Directors
The Department Head, with City Manager concurrence, has the authority to fix compensation for his/her respective Deputy Director(s) in the same manner the City Manager establishes salary for department heads. A deputy director who disagrees with his/her placement within the range may discuss it with the City Manager.

Effective November 24, 2024, the deputy directors of city departments shall receive monthly salaries for their respective positions at a step within the monthly ranges indicated below.

JOB

CODE TITLE

STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
DEPUTY
CITY STEP 1 82.52 6,601.35 14,302.92 171,635.04
2237 LIBRARIAN
STEP 2 86.64 6,931.42 15,018.07 180,216.79
STEP 3 90.97 7,277.99 15,768.97 189,227.63
DEPUTY
CDD STEP 1 94.95 7,596.28 16,458.61 197,503.29
2135 DIRECTOR
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STEP 2 99.70 7,976.09 17,281.54 207,378.45
STEP 3 104.69 8,374.90 18,145.61 217,747.37
JOB

CODE TITLE

STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
2271
DEPUTY

DIRECTOR

PARKS &
REC
STEP 1
STEP 2
STEP 3

90.9495.4910

0.27 7,275.47
7,639.258,021.21
15,763.5216,551.701
7,379.28
189,162.26
198,620.38
208,551.40

DEP DIR
PUBLIC STEP 1 93.67 7,493.83 16,236.63 194,839.58
2117 WORKS
STEP 2 98.36 7,868.52 17,048.46 204,581.56
STEP 3 103.27 8,261.95 17,900.89 214,810.64
DEPUTY
POLICE STEP 1 117.82 9,425.59 20,422.12 245,065.43
2545 CHIEF
STEP 2 123.71 9,896.87 21,443.22 257,318.70
STEP 3 129.90 10,391.72 22,515.39 270,184.64
DEPUTY
DIRECTOR STEP 1 93.87 7,509.90 16,271.45 195,257.42
2029 OF FINANCE
STEP 2 98.57 7,885.40 17,085.02 205,020.29
STEP 3 103.50 8,279.67 17,939.27 215,271.30
Salary is based on a 40-hour work week.
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EXHIBIT A

CONSOLIDATED CITY MANAGER, CITY ATTORNEY, DEPARTMENT HEAD AND DEPUTY DIRECTOR

COMPENSATION PLAN
SALARY
Successful employee performance is a key factor in determining compensation.

Salaries have been established for the City Manager and the City Attorney. The current amounts are listed in Attachment 1.

A three-step salary range has been established for each Department Head and Deputy Director classification. The proposed salary ranges with three percent (3%) increases, and a five and nine tenths precent (5.9%) increase for the Police Chief Director of Information Technology classification with a twelve percent (12.0%) increase, and a two percent (2%) increase for the Deputy Director of Finance Human Resources Director classification with a three and a half percent (3.5%) increase are listed in Attachment 1. Effective November 23, 2025, the proposed salary ranges will receive three percent (3%) increases. Effective November 22, 2026, the proposed salary ranges will receive three percent (3%) increases. Salary placement is based upon performance review and experience.

HOLIDAYS
The holidays to be observed are as follows:

In the event holidays fall while an employee is on vacation leave, such holidays shall not be charged as vacation leave.

Employees have a forty (40) hour maximum holiday accumulation.

The City Manager can provide new Department Heads and Deputy Directors with a balance of up to 80 hours of vacation leave upon hire. The City Manager and City Attorney are provided with this benefit.

Department Heads and Deputy Directors may not accrue more than two times (2x) their vacation leave.

VACATION SELL BACK
An employee may make an irrevocable election to sell back to the City eighty (80) hours of accumulated vacation at the employee’s established rate of pay per calendar year. At the time of election, the employee must already have taken a minimum of two (2) weeks’ vacation in the preceding twelve (12) months.

A Department Head may recommend to the City Manager that an additional amount of executive leave 569 of 585
be authorized for a Deputy Director, up to an additional forty (40) hours. This additional leave may be granted based on excessive hours, the value of the extraordinary effort, and the performance of the employee. The City Manager has full discretion in deciding whether to grant additional leave. In the event that the additional hours take the employee over the eighty (80) hour maximum, they must sell back any hours above the maximum accumulation allowable.

The City Manager can provide new Department Heads and Deputy Directors with up to 80 hours of sick leave upon hire. The City Manager and City Attorney are provided with this benefit.

Employee family member means parent, spouse, domestic partner, son, daughter, domestic partner’s child, sibling, stepchildren, mother-in-law, father-in-law, grandparents and grandchildren.

Not more than six (6) days of such protected sick leave shall be granted in any one (1) calendar year.

Family Care Leave
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In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible workers for up to 12 weeks per rolling 12-month period. The City-wide policy will adhere to applicable Federal and State laws.

Bereavement
In the event of a death in the immediate family, employees may take accrued sick leave of up to three (3) days (two (2) shifts for 56-hour employees), or up to five (5) days at the discretion of the City Manager. Bereavement Leave shall be tracked separately from Protected Sick Leave. In this context, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of his/her death, stepchild, mother, father, stepmother, stepfather, mother-inlaw, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

Additional compensation may be awarded by Resolution of the City Council to employees disabled or injured in line of duty, if recommended by the City Manager.

MILITARY LEAVE
Military leave shall be granted by the City in accordance with the provisions of State and Federal laws.

LEAVE OF ABSENCE WITHOUT PAY
Regardless of the combination of paid and unpaid leave used, a leave of absence shall not exceed twelve (12) months in duration, unless otherwise required by law.

Safety
o 3% @ 50 Formula with Single Highest Year Final Compensation for safety employees hired before December 9, 2012.
o 3% @ 55 Formula with highest average annual pensionable compensation earned during 36 consecutive months of service for “classic” members hired on or after December 9, 2012. o 2.7% @ 57 Formula with highest average annual pensionable compensation earned during 36 consecutive months of service for “new” members hired on or after January 1, 2013. o 1959 Survivor Benefit Level 4
o COLA 2% in retirement
o Death Benefit (DB) Continues (spouse continues to get DB after remarriage) o Pre-Retirement Option 2 DB (If retirement eligible employee dies prior to retirement, spouse can elect to get ongoing retirement benefits)
o Military Service Buyback
o Retired Death Benefit (DB) $500
o Prior Service Credit
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o Peace Corps: VISTA Buyback
Classic members with the 3% @ 50 Formula or 3% @ 55 Formula pay 50% of the total normal cost rate.

The contributions toward employer rate will be pre-tax under 414(h)2. New members of PERS hired after January 1, 2013 with the 2.7% @ 57 Formula pay 50% of the normal cost rate. The contributions toward employer rate will be pre-tax under 414(h)2.

The City shall make available to eligible current and retired employees, benefits equal to the Meyers-Geddes State Employees' Medical and Hospital Care Act.

FLEXIBLE BENEFITS PLAN
All contributions to the flexible benefits plan are contingent upon compliance with state and federal rules and regulations. Benefits shall be taxed as required by law.

The City shall contribute up to $1,797.71 (inclusive of the $160 maximum City contribution towards group medical insurance) per month towards the flexible benefit plan. 573 of 585
On January 1, 2019 and each January during the term of this Agreement, the City’s contribution to the Plan will be increased up 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.

LIFE INSURANCE
The City shall provide $50,000 life insurance and $10,000 accidental death and dismemberment insurance without regard to membership in any health plan.

VISION INSURANCE
Vision Benefits include an annual exam, lenses, and frames with an annual deductible of twenty-five dollars ($25).

Upon department head recommendation and City Manager approval, certain deputy directors shall receive a $300.00 monthly auto allowance.

Employees that do not receive a monthly auto allowance and must use their private vehicles for official city business shall be reimbursed at the IRS established rate.

UNIFORM ALLOWANCE
The Police Chief and Deputy Police Chief shall receive $36.73 per pay period.

HOUSING ASSISTANCE
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It shall be the policy of the City to assist newly appointed Charter Officers, consisting of the City Manager, City Attorney and Department Heads, to reside within the City of San Mateo by making available, as part of their compensation, a secured loan of City funds to acquire local housing. Said loans shall be made available only upon the following terms and conditions:
o It shall constitute a part of the compensation for said employees’ services, to be evidenced by a separate written agreement entered into at or near the time of initial appointment. o The loan shall not exceed an amount which is equal to four (4) times the appointee’s annual compensation.
o The loan shall be available only upon residential property within the City which is, in fact, the residence of the employee, and shall be due and payable in full upon termination of the employment.
o The loan must be secured to the satisfaction of the City Council, and evidenced by a promissory note secured by a deed of trust, which shall be due and payable in full upon sale or transfer of the property, or upon termination of the employment of the employee borrower, whichever occurs first.
o The interest rate initially charged on the loan shall equal the interest rate received by the City on the investment of all City funds for the most recently concluded calendar year, as calculated and determined by the City Treasurer. The initial interest rate shall remain constant for five years from date of the initial agreement and shall thereafter be adjusted on each fifth anniversary of the agreement to the interest rate received by the City for the then most recently concluded calendar year.

Effective November 18, 2024September 10, 2017, the RHSA Plan was modified regarding contributions and separation pay to reflect the following:

Safety Department Heads hired by the City before June 1, 2000:
o 1% City contribution to deferred compensation
o No leave balances to RHSA upon separation from City Service Safety Department Heads hired by the City on or after June 1, 2000:
o 1% City contribution to RHSA
o 100% of eligible sick leave, and 100% of discretionary leave to RHSA upon separation from City Service
Miscellaneous Department Heads hired before January 1, 20131977:
o 2% Employee/City match to deferred compensation
o 0.5% City contribution to deferred compensation
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o 100% of eligible sick leave, and 10050% of vacationdiscretionary leave, to RHSA upon separation from City Service
City Manager, City Attorney, and Miscellaneous Department Heads hired on or after January 1, 20131977:
o 2% Employee / City match to RHSA
o 0.5% City contribution to deferred compensation
o 100% of eligible sick leave, and 100% of vacation leave, to RHSA upon separation from City service Safety Deputy Directors:
o 2% Employee contribution to RHSA
o 1% City contribution to deferred compensation
o 100% of eligible sick leave, and 100% of vacation leave, to RHSA upon separation from City Service Miscellaneous Deputy Directors:
o $50.00 per pay period employee contribution to RHSA
o 2% Employee / City match to deferred compensation
o 0.5% City contribution to deferred compensation
o 100% of eligible sick leave to RHSA upon separation from City service

PROFESSIONAL DUES
Upon request, the City shall pay a reasonable amount for membership dues for one professional organization for each employee.

EMPLOYMENT PROVISIONS SPECIFICALLY FOR DEPUTY DIRECTORS

PROBATIONARY PERIOD
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The probationary period is the length of time required for an employee to become proficient in his/her position, and for the Department Head to adequately judge the proficiency. The standard probationary period shall be twelve months, but the Department Head may shorten or lengthen it by up to six months depending on the proven proficiency of the probationer.

LIMITED DURATION POSITION
The City may hire employees in limited duration positions (non-permanent positions) that will not exceed three (3) years for any of the following reasons: (1) where the position is created for a project(s) or work that is expected to be completed within three (3) years; (2) where the position is funded by grant funds of three (3) or less years in duration; or (3) where the position is funded by moneys from capital or enterprise funds that may be unavailable after three (3) years. Employees shall be informed of the duration of the position at the time of employment. At the end of the position’s duration, employment shall terminate and the employee shall not have layoff rights, bumping rights, severance payments or reemployment rights. This provision shall supersede Personnel Rule Sections 1 (13) and (24). Should an employee who was originally hired to fill a limited duration position be later appointed to a permanent merit position, his/her hire date will be that date that service began in the limited duration position.

Seniority for purposes of layoff need not be continuous and shall include total accumulated length of service under the following types of appointment:
o Emergency appointment under SMMC 2.57.60(h) or previous SMMC Section 2.57.020 (11). o Regular appointment under SMMC 2.57.080.
o Provisional appointment under SMMC 2.57.070(d).
o Appointment as City Manager's assistants under SMMC 2.57.060(a) from a position in the classified service.
o Appointment as a Department Head under SMMC 2.57.060(d) from a position in the classified service.
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In the case of ties, seniority shall be determined on the basis of greater hire date seniority, then by random number if necessary.

Qualifications may be tested by the City as described in the current job description. o If the employee has more than one formerly held City classification, they shall bump to the classification most recently held; the employee may bump into another formerly held classification if no position is available in the "most recently held" classification.

Severance Package
In the event there is not a less senior, formerly held position for the employee to access through layoff or bumping, the employee will be provided a severance package equal to two (2) weeks of pay for each complete year of service, to a maximum of six (6) months’ worth of pay. The City shall make arrangements to provide employees laid off with job search assistance for forty-five (45) days following 578 of 585
the effective date of layoff. Job search assistance shall include job and career counseling, resume preparation, and job search assistance at City expense.

Appeal of Layoff
An employee may not appeal the decision to lay off his/her position, but may appeal the order of layoff, the bumping provisions (except the test or results of a test of qualifications), and the seniority computation by filing a written appeal with the Human Resources Department stating the basis of the appeal. An appeal must be filed within fourteen (14) calendar days of mailing of notice. The appeal shall be heard by the City Manager/designee within ten (10) calendar days of filing the appeal. A decision will be rendered within ten (10) calendar days of the hearing. Notice will be given by first class mail to the employee and the Association. A further appeal to the Personnel Board may be filed within five (5) calendar days of mailing by filing a written appeal with the Human Resources Office stating the basis for the appeal. The hearing will be held within ten (10) calendar days of the filing of the appeal or as soon thereafter as a quorum of the Board may be gathered and a decision rendered within five (5) calendar days of the hearing.

Recall and Reinstatement
Employees shall be entitled to recall rights to the position from which they were laid off or bumped for a 579 of 585
period of two (2) consecutive years from the effective date of layoff or bumping. The effective date of layoff or bumping shall be the employee's last day of work in the classification from which they were laid off or bumped.

Employees reinstated under this Section shall not be subject to a new probationary period.

Probationary employees who did not have permanent status at the time of layoff shall be required to serve the remainder of any probationary period upon recall.

Reemployed employees shall be subject to a probationary period, and upon the recommendation of the reemploying Department Head, may receive credit for former employment in the determination of the amount of vacation allowance, sick leave, other benefits and their salary step.

DISCIPLINARY ACTION
Employees who are safety personnel covered by the Police Officers’ Bill of Rights (POBR) shall continue to have those rights afforded them.

The term "disciplinary action" shall include the following actions which may be taken by a Department Head:

A. Letter of Reprimand (for employees covered by the POBR only) 580 of 585
B. Suspension without pay up to thirty (30) calendar days; C. Salary reduction;
D. Demotion; or
E. Dismissal
A reduction in hours or a change in schedule, scheduling for workload reasons, a change in work assignment, layoff, letter of reprimand, and performance evaluations shall not be considered as discipline (unless otherwise noted above).

Such written notification shall include a statement of the proposed disciplinary action to be taken; 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 employee so he/she can understand said charges; a statement indicating the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies; and a statement describing any actions taken against the employee in the past.

The written notice of appeal filed with the Human Resources Department shall not be required to be in any particular format; however, it shall contain at least the following information:

1. The name and address of the deputy director;

2. The date of the disciplinary action and a statement to the effect that the deputy director appeals the disciplinary action; and

3. The notice of appeal shall be dated and signed by the deputy director or by his/her representative. 581 of 585
When the Human Resources Department receives a notice of appeal which complies with the requirements set forth herein, the Human Resources Director shall schedule the matter for hearing. For a Letter of Reprimand (for employees covered by the POBR only), the hearing is with the Department Head or his/her designee. For suspension without pay, in-grade salary reduction, demotion, or dismissal, the hearing is scheduled at the next available regular meeting of the Personnel Board at least fifteen (15) working days after receipt of the notice of appeal.

SAFETY SHOES
The City shall provide a reimbursement of up to $200.00 every two years for one (1) pair of safety shoes for classifications approved for reimbursement by the department head as deemed necessary. Said reimbursement shall be paid against official receipts for safety shoe expenditures. Safety shoes shall be defined by a classification’s standard or by the employee’s department head. 582 of 585
Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan ATTACHMENT 1
City Manager and City Attorney
The salary for City Manager was effective November 24, 2024August 21, 2023 based on City Council action taken on June 20, 2023November 18, 2024. The salary for City Attorney was effective November 24, 2024February 4, 2024 based on City Council action taken on February 5, 2024November 18, 2024.

TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL
CITY MANAGER $167.38162.50 $13,390.0013,000.00 $29,011.6728,166.67 $348,140.00338,000.00 CITY ATTORNEY $141.13137.02 $11,290.3810,961.54 $24,462.5023,750.00 $293,550.00285,000.00 Salary is based on a 40-hour work week.

Department Heads
Effective April 28, 2024November 24, 2024, the City Manager shall establish salaries for department heads for their respective positions at a step within the monthly ranges indicated below.

JOB

CODE TITLE

STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
1260

ASST CITY

MANAGER
STEP 1 127.02123.32 10,161.719,865.73 22,017.0321,375.76 264,204.37256,509.10 STEP 2 133.37129.49 10,669.7910,359.02 23,117.8822,444.55 277,414.59269,334.56 STEP 3 140.04135.96 11,203.2810,876.97 24,273.7823,566.77 291,285.32282,801.28 1140

CHIEF OF
POLICE
STEP 1 145.53141.29 11,642.4411,303.34 25,225.3024,490.58 302,703.62293,887.01 STEP 2 152.81148.36 12,224.5711,868.51 26,486.5525,715.10 317,838.69308,581.25 STEP 3 160.44155.77 12,835.8012,461.94 27,810.8927,000.86 333,730.59324,010.28 1230 CITY CLERK STEP 1 96.7193.89 7,736.457,511.11 16,762.3016,274.08 201,147.63195,288.96 STEP 2 101.5498.58 8,123.277,886.67 17,600.4217,087.78 211,205.01205,053.41 STEP 3 106.62103.51 8,529.438,281.00 18,480.4417,942.17 221,765.27215,306.08 1210
CITY

LIBRARIAN
STEP 1 109.08105.90 8,726.338,472.17 18,907.0518,356.36 226,884.61220,276.32 STEP 2 114.53111.20 9,162.658,895.77 19,852.4019,274.18 238,228.84231,290.14 STEP 3 120.26116.76 9,620.789,340.56 20,845.0220,237.89 250,140.29242,854.65 1160

DIR COMM

DEVELOPMENT
STEP 1 109.20106.02 8,735.728,481.29 18,927.4018,376.12 227,128.85220,513.44 STEP 2 114.66111.32 9,172.518,905.35 19,873.7719,294.93 238,485.29231,539.12 STEP 3 120.39116.88 9,631.149,350.62 20,867.4620,259.67 250,409.55243,116.07 583 of 585
JOB

CODE TITLE

STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
1270

DIR INFO

TECHNOLOGY
STEP 1 112.65106.38 9,012.198,510.09 19,526.4118,438.53 234,316.90221,262.42 STEP 2 118.28111.69 9,462.808,935.60 20,502.7319,360.46 246,032.75232,325.54 STEP 3 124.20117.28 9,935.949,382.38 21,527.8720,328.48 258,334.39243,941.82 1250

DIR PARKS &

RECREATION
STEP 1 109.20106.02 8,735.728,481.29 18,927.4018,376.12 227,128.85220,513.44 STEP 2 114.66111.32 9,172.518,905.35 19,873.7719,294.93 238,485.29231,539.12 STEP 3 120.39116.88 9,631.149,350.62 20,867.4620,259.67 250,409.55243,116.07 1120

DIR PUBLIC
WORKS
STEP 1 115.30111.94 9,224.238,955.56 19,985.8219,403.71 239,829.86232,844.52 STEP 2 121.07117.54 9,685.449,403.34 20,985.1120,373.89 251,821.35244,486.75 STEP 3 127.12123.42 10,169.719,873.50 22,034.3721,392.59 264,412.42256,711.09 1220

FINANCE

DIRECTOR
STEP 1 115.04111.69 9,203.318,935.25 19,940.5019,359.71 239,286.02232,316.52 STEP 2 120.79117.28 9,663.479,382.01 20,937.5320,327.70 251,250.32243,932.35 STEP 3 126.83123.14 10,146.659,851.11 21,984.4021,344.08 263,812.84256,128.97

DIR HUMAN
1180 RESOURCES STEP 1 110.10106.89 8,807.958,551.41 19,083.8818,528.04 229,006.60222,336.50 STEP 2 115.61112.24 9,248.348,978.97 20,038.0619,454.43 240,456.81233,453.21 STEP 3 121.39117.85 9,710.769,427.92 21,039.9720,427.16 252,479.77245,125.99 Salary is based on a 40-hour work week.

Effective March 5, 2023November 24, 2024, the deputy directors of city departments shall receive monthly salaries for their respective positions at a step within the monthly ranges indicated below.

JOB

CODE TITLE

STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
DEPUTY
CITY STEP 1 82.5280.11 6,601.356,409.08 14,302.9213,886.33 171,635.04166,635.96 2237 LIBRARIAN
STEP 2 86.6484.12 6,931.426,729.53 15,018.0714,580.65 180,216.79174,967.76 STEP 3 90.9788.33 7,277.997,066.01 15,768.9715,309.68 189,227.63183,716.15 DEPUTY
CDD STEP 1 94.9592.19 7,596.287,375.03 16,458.6115,979.23 197,503.29191,750.76 2135 DIRECTOR
STEP 2 99.7096.80 7,976.097,743.78 17,281.5416,778.19 207,378.45201,338.30 STEP 3 104.69101.64 8,374.908,130.97 18,145.6117,617.10 217,747.37211,405.22 584 of 585
JOB

CODE TITLE

STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
2271
DEPUTY

DIRECTOR

PARKS &
REC
STEP 1
STEP 2
STEP 3

90.9488.29

95.4992.71
100.2797.34
7,275.477,063.56
7,639.257,416.74
8,021.217,787.58
15,763.5215,304.39
16,551.7016,069.61
17,379.2816,873.09
189,162.26183,652.68
198,620.38192,835.32
208,551.40202,477.08

DEP DIR
PUBLIC STEP 1 93.6790.94 7,493.837,275.56 16,236.6315,763.72 194,839.58189,164.64 2117 WORKS
STEP 2 98.3695.49 7,868.527,639.34 17,048.4616,551.91 204,581.56198,622.88 STEP 3 103.27100.27 8,261.958,021.31 17,900.8917,379.50 214,810.64208,554.02 DEPUTY
POLICE STEP 1 117.82114.39 9,425.599,151.06 20,422.1219,827.30 245,065.43237,927.60 2545 CHIEF
STEP 2 123.71120.11 9,896.879,608.61 21,443.2220,818.67 257,318.70249,823.98 STEP 3 129.90126.11 10,391.7210,089.05 22,515.3921,859.60 270,184.64262,315.18 DEPUTY
DIRECTOR STEP 1 93.8792.03 7,509.907,362.65 16,271.4515,952.40 195,257.42191,428.84 2029 OF FINANCE
STEP 2 98.5796.63 7,885.407,730.78 17,085.0216,750.02 205,020.29201,000.28 STEP 3 103.50101.47 8,279.678,117.32 17,939.2717,587.52 215,271.30211,050.30 Salary is based on a 40-hour work week.
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San Mateo City CouncilNovember 18, 2024

San Mateo City Council
November 18, 2024