Agenda packet, regular meeting — San Mateo City Council, April 7, 2025 (part 1 of 2)

CITY OF SAN MATEO
City Council Regular Meeting
April 7, 2025
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Robert Newsom Jr.

Adam Loraine
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

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

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

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

To join via Zoom – click here:

A
pril 7, 2025
To join via telephone: (408) 638-0968
Webinar ID: 899 5911 3394 Passcode: 329165
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 Request and Consideration for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances

CEREMONIAL

1. Dispatcher Appreciation – Proclamation

2. Arab – American Heritage Month – Proclamation

3. National Library Week – Proclamation

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

4. City Council Meeting Minutes – Approval
Approve the special and regular minutes of the City Council meetings of February 18, 2025, March 3, 2025, and March 17, 2025. Approve the minutes of the City Council special meetings of February 22, 2025, March 10, 2025, and March 14, 2025.

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

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5. Boards and Commissions – Establish Annual Appointment Subcommittees Establish Appointment Subcommittees with Mayor Rob Newsom and the Commission Liaison to interview for vacancies on the Community Relations Commission, Library Board, Park and Recreation Commission, Personnel Board, Planning Commission, Senior Advisory Commission, Sustainability and Infrastructure Commission, and Measure S Oversight Committee. Direct staff, as necessary, if Council Members wish to serve on additional Appointment Subcommittees.

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).))

6. Zoning Code Amendments to Implement General Plan Ballot Measure T – Ordinance Adoptions Adopt two Ordinances that amend the San Mateo Municipal Code Title 27, Zoning. to: 1) implement various programs and policies established in San Mateo’s 2023-2031 Housing Element, and 2) implement General Plan 2040 Ballot Measure T, approved by voters on November 5, 2024; and find that the Ordinances are exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With a Community Plan, General Plan, or Zoning).

CEQA:The Environmental Impact Report (EIR) for General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040. On March 18, 2024, the City Council certified the EIR. In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15183, the zoning amendment to modify housing development provisions and development standards (“Project”) is exempt from further environmental review because the Project, which generally allows for more housing types to be permitted uses in specific zoning districts and remove regulatory barriers from the zoning code, is consistent with the anticipated land uses under the land use designations adopted as part of General Plan 2040 for which an EIR was certified

7. Peninsula Heights North Phase, 2800, and 2988 Campus Drive – Agreement Adopt a Resolution to approve the final map and the subdivision improvement agreement for the Peninsula Heights North Phase subdivision located at 2800 and 2988 Campus Drive and authorize the Public Works Director to execute the agreement in substantially the form presented.

CEQA: This action is not a project subject to CEQA, because approval of the final map and the subdivision improvement agreement is a ministerial act and falls within the scope of the project approvals and CEQA findings previously made by the Planning Commission. The environmental impacts of the proposed public improvements were analyzed in the mitigated negative declaration that was prepared for the Project. (CEQA Guidelines Section 15268).

8. E 41st Place & Pacific Boulevard Trash Capture Project – Agreement Approve an agreement with GSW Construction, Inc. for the E 41st Place and Pacific Boulevard Trash Capture project in the amount of $257,240; establish a contingency reserve in the amount of $51,400; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

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

9. On-Site Fueling Station Replacement and Canopy Addition – Purchase and Construction Contracts

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Adopt a Resolution approving an alternative purchasing procedure for a purchase contract with Petroleum Marketing Equipment for fueling equipment and a tank for the On-Site Fueling Station Replacement and Canopy Addition Project in the amount of $125,606.39, and establish a contingency reserve of $13,000 for the purchase contract; approve a construction contract with Armer Norman & Associates, Inc. in the amount of $978,988.00, and establish a contingency reserve in the amount of $150,000.00; and authorize the Public Works Director to execute the purchase contract and construction contract in substantially the forms presented and issue change orders as allowed by the contract documents and within the contingency reserves.

CEQA: This project is categorically exempt from CEQA, because it consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and involves no expansion of capacity. (CEQA Guidelines Section 15302.)

10. Citywide Small Trash Capture Project – Contingency Reserve Increase Approve a contingency reserve increase in the amount of $325,000 for the construction agreement with United Storm Water, Inc. for the Citywide Small Trash Capture Project, revising the original contingency reserve from $105,000 to $430,000; and authorize the Public Works Director to issue change orders within the contingency amount.

11. Marina Lagoon Vegetation and Water Quality Management — Agreement Approve a three-year agreement with Waterworks Industries, Inc. for Marina Lagoon Vegetation and Water Quality Management in the amount of $1,552,009, with two one-year options to extend, for a total potential amount not to exceed $2,662,963; approve a contingency reserve in the amount of $80,000; and authorize the Public Works Director to execute the agreement in substantially the form presented, to execute each optional one-year extension to the agreement, and sign change orders within the contingency reserve.

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

12. Gateway Park Pedestrian Bridge Replacement Project – Bid Rejection Adopt a Resolution to reject all bids received for the Gateway Park Pedestrian Bridge Replacement Project.

CEQA: This action by the City Council to reject all bids for the Gateway Park Pedestrian Bridge Replacement Project is not a project subject to CEQA, because CEQA does not apply to projects which are rejected or disapproved. (CEQA Guidelines Section 15270).

13. Enterprise Resource Planning Support Service – Agreement Approve a new Statement of Work to the master services agreement with Collaborative Solutions, LLC for Enterprise Resource Planning Support Service (ERP) post-production support services in the amount of $242,000 and authorize the City Manager to approve the Statement of Work in substantially the form presented.

CEQA: The Collaborative Solutions new Statement of Work 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

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environment. (CEQA Guidelines Section 15378(b)(5).)

14. Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Contract Change Order Approve Contract Change Order No. 8 to the Agreement with Herc Rentals, Inc. for a temporary emergency standby generator to support the Dale Ave Pump Station Upgrade project in an amount not to exceed $66,944.28, increasing the total agreement amount to $781,731.99; increase the contingency reserve by $22,350; extend the Agreement term to April 30, 2025; and authorize the Public Works Director to execute the change order in substantially the form presented and issue change orders within the contingency amount.

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

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

15. Consulting Recruitment Services – Change Order
Approve Change Order No. 1 to the agreement with It's Personnel Consulting for the purpose of professional recruitment services in the amount of $100,000.00 for a new agreement total of $150,000.00; and authorize the City Manager to execute the Change Order in substantially the form presented.

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

16. Mobile Parking Revenue Collection – Amendment
Approve Amendment No. 1 to the agreement with PayByPhone US, Inc. for mobile parking payment services in the amount of $65,000 for a new agreement total of $150,000; and authorize the Public Works Director to execute the amendment in substantially the form presented.

CEQA: This City Council action is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that approval of an amendment to the Agreement with PaybyPhone to provide mobile parking payment services may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

17. San Mateo Public Library Foundation Operating Lease – Amendment Approve an Amendment to the Property Lease and Operating Agreement with the San Mateo Public Library Foundation to extend the lease for an additional year commencing retroactively on April 1, 2025, through March 31, 2026; and authorize its execution by the City Librarian.

CEQA: This lease 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).)

18. SEIU Local 521, Maintenance, Side Letter of Agreement Regarding Salary Increase – Adoption Adopt a Resolution to amend the SEIU Local 521, Maintenance Memorandum of Understanding to implement additional equity salary adjustments.

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

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19. San Mateo Management Employees’ Association – Memorandum of Understanding Amendments Adopt a Resolution to amend the Memorandum of Understanding (“MOU”) between the City of San Mateo (“City”) and the San Mateo Management Employees’ Association (“SMMEA”) for a term through April 22, 2028.

CEQA: This tentative Agreement is not subject to CEQA because it will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

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

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

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

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

20. Fiscal Year 2025-26 Comprehensive Fee Schedule — Approval Adopt a Resolution to approve the revisions to the proposed fiscal year 2025-26 Comprehensive Fee Schedule.

CEQA: This Comprehensive Fee Schedule update for fiscal year 2025-26 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).)

21. Status of Vacancies and Recruitment and Retention Efforts (Assembly Bill 2561/Government Code 3502.3) – Public Hearing
Conduct a Public Hearing in accordance with Government Code Section 3502.3 (Assembly Bill 2561) to present the status of vacancies, recruitment, and retentions efforts in advance of the adoption of an annual budget.

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

NEW BUSINESS

22. General Fund Reserve Policy – Review
Review and discuss the General Fund Reserve Policy and provide direction on potential modifications.

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

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

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

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23. Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Housing Action Coalition v. City of San Mateo (San Mateo Superior Court Case No.: 24-CIV-03126)

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
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http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

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

During the meeting
By Zoom:

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

By telephone:

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

In Person:

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

ACCESSIBILITY:

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 25-9814 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 07, 2025
SUBJECT:

City Council Meeting Minutes – Approval
RECOMMENDATION:

Approve the special and regular minutes of the City Council meetings of February 18, 2025, March 3, 2025, and March 17, 2025. Approve the minutes of the City Council special meetings of February 22, 2025, March 10, 2025, and March 14, 2025.

BUDGET IMPACT:

There is no budgetary impact associated with this minutes approval.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Minutes 2025-02-18 Special
Att 2 – Minutes 2025-02-18 Regular
Att 3 – Minutes 2025-02-22 Special
Att 4 – Minutes 2025-03-03 Special
Att 5 – Minutes 2025-03-03 Regular
Att 6 – Minutes 2025-03-10 Special
Att 7 – Minutes 2025-03-14 Special
Att 8 – Minutes 2025-03-17 Special
Att 9 – Minutes 2025-03-17 Regular

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

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City Council Special Meeting Minutes – 2/18/2025 Page 1 6 1
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COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

February 18, 2025
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, Cwirko-Godycki, and Diaz Nash AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:32 p.m. to consider:

1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 One case (Claim of Myers & Sons Construction, LLC)

2. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:

Six cases
Council reconvened at 6:15 p.m.

STUDY SESSION

3. Clean Water Program and Wastewater Treatment Plant Upgrade & Expansion – Update Deryk Daquigan, Deputy Public Works Director, gave an informational update on the Clean Water Program and the Wastewater Treatment Plant Upgrade & Expansion project.

Public Comment: There were no speakers.

Council asked questions and made comments.

Public Works Director Matt Fabry also provided information.

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ADJOURNMENT –The meeting adjourned at 6:55 p.m.

APPROVED BY: SUBMITTED BY:

Rob Newsom, Jr., Mayor Martin McTaggart, City Clerk

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City Council Regular Meeting Minutes – 2/18/2025 Page 1 6 1
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COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
February 18, 2025
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:05 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. Black History Month – Proclamation - Alexis Lewis and Katherine Haysbert NAACP San Mateo Branch, received the proclamation

2. Sojourn to the Past – Presentation - Matthew Earnshaw, Lieutenant, gave the presentation

CONSENT CALENDAR
The following items, 3 through 8, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

Moved: Diaz Nash, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None

3. San Mateo County Transportation Authority Measures A and W - Primary Grant Agreement Adopt a Resolution to authorize the execution of a primary grant agreement with the San Mateo County Transportation Authority for future funding from Measures A and W; and authorize the City Manager to execute the agreement in substantially the form presented.

Enactment: Resolution No. 13 (2025)

4. Legislative Advocacy and Grant Writing Services — Agreement Approve an agreement with California Public Policy Group, Inc. (CPPG) for legislative advocacy and grant writing services in the amount of $115,000; authorize the City Manager to exercise up to two 1-year extensions for up to $115,000 each year, for a total not to exceed amount of $345,000 over three years; and authorize the City Manager to execute the agreement in substantially the form presented.

5. Legal Advertising Services – Bid Rejection
Reject all bids received for the City's Legal Advertising Services.

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6. SEIU Local 521 Non-Merit Part-Time Unit, Memorandum of Understanding — Adoption Approve a Resolution to adopt the Memorandum of Understanding (MOU) with the SEIU Local 521 Non-Merit Part- Time Unit (SEIU NMPT) for a three-year term from October 7, 2024 through June 5, 2027.

Enactment: Resolution No. 14 (2025)

7. San Mateo Police Sergeants’ Association — Memorandum of Understanding Changes Adopt a Resolution to amend the Memorandum of Understanding (MOU) with the San Mateo Police Sergeants’ Association to clarify which premiums are included in the MOU overtime calculations.

Enactment: Resolution No. 15 (2025)

8. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2024 — Approval Accept the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2024.

PUBLIC COMMENT
Dr. Vikash, Jennifer Patchaluk, Michael Lim, Christina Horlitz, Eddy Lee Alvarado, Rick Sakuda spoke in opposed to the proposed Bayside Bus Depot. Seema Patel called for faster implementation of safe streets planning. Tuisina Fifita spoke on behalf of PCRC regarding substance abuse prevention. Kevin Simpson urged safer pedestrian infrastructure Trina Pierce spoke against remarks by a city commissioner; addressed neighborhood equity. Allison McQueen advocated for pedestrian and cyclist safety. Juliano Carlini opposed removal of Humboldt bike lanes; emphasized cycling safety. Laura Wood spoke about the lack of safe streets. Mike Swire commented on need for safer streets, opposes removal of bike lanes, and the lack of parking spaces.Mark Joseph Depaula stated there is a theft ring going on at the strip mall near 92 in the stores Ross, TJ Max, Trader Joes’, ect., and the need for more police not defunding the police.

City Manager Alex Khojikian spoke to some of the comments saying the School District is not pursuing with the bus depot at Bayside School at this time. He commented on the transportation plans for the City and the need to work collaboratively with community members.

Council recessed from 8:05 p.m. to 8:15 p.m.

NEW BUSINESS

9. Enforcement - Citation Authority – Ordinance Introduction Jack Johnson, Waste Management Supervisor, gave the presentation.

Public Comment – there were no speakers.

Council asked questions and made comments.

Motion to Introduce an Ordinance to amend San Mateo Municipal Code Section 1.04.050(a), “Enforcement - Citation Authority”. Motion passed 5-0.

Moved: Fernandez, Seconded: Loraine
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None

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10. Campaign Contribution Limits – Review
Martin McTaggart, City Clerk, gave the presentation on whether the City's campaign contribution limits and campaign rules should be amended, or if no changes should be made; and provided an update on the City's Campaign Finance Dashboard.

Public Comment – Kevin Simpson opposes raising the limit for elections.

Council directed staff to return with an ordinance to adjust contribution limits for individuals and organizations to be aligned at $1,000. Council also requested contribution limits be linked to CPI. Council directed staff to return for further discussion related to campaign sign regulation enforcement and public financing of campaigns.

11. 2024-25 Mid-Year Update and Budget Amendments – Adoption Karen Huang, Finance Director, gave the presentation.

Public Comment – there were no speakers.

Council asked questions and made comments.

Motion to Adopt a Resolution amending the FY 2024-25 General Fund operating budget to reflect the recommended mid-year budget adjustments and receive the FY 2024-25 mid-year budget update. Motion passed 5-0.

Moved: Cwirko-Godycki, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None

Enactment: Resolution No. 16 (2025)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles and noted past and future events. Deputy Mayor Loraine requested Sustainability and Infrastructure be involved in next steps in Humboldt Bike Lanes and Bike Boulevard discussion. This request received a majority approval of the Council. Council Member Fernandez requested legislators and lobbyists to present the City Council on their legislative work plan. A majority of the Council approved this request. Council Member Fernandez requested the City make a donation to the Walk for Mental Health coordinated through the Police Activities League. City Manager Khojikian clarified that the city is reviewing its support model for non-profits and this request and future requests can be folded into this process. Council Member Fernandez proposed writing a letter to the State Office of Historic Preservation, co-authored by Council Members Fernandez and Cwirko-Godycki, in regards to the Baywood district this was proposed for the March 17, 2025 meeting. This request received majority approval of the Council.

ADJOURNMENT –The meeting adjourned at 10:30 p.m.

APPROVED BY: SUBMITTED BY:

Rob Newsom, Jr., Mayor Martin McTaggart, City Clerk

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COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

February 22, 2025
College of San Mateo – College Heights
Conference Room 9:00 AM
Special Meeting

CALL TO ORDER at 9:00 a.m.

Roll Call

The mayor opened the workshop and outlined the purpose of the workshop and called for public comment.

PUBLIC COMMENT
Organized Presentation from Groups: 1) San Mateo Age Friendly Coalition urged staff work jointly with the Coalition assist with County declaration of loneliness as an emergency; 2) San Mateo Climate Action Team commented on urgency for climate action needs; 3) Ethics San Mateo – proposed approaches for addressing enhancing code of conduct.

Individual speakers: Carol Welmany spoke in support of reviewing gas leaf blower use in the City, Max Mautner and Pamela Rittlemyer spoke in support of seeing progress towards pedestrian and bicycle master plan. Karyl Eldridge spoke towards the need for a rental data registry. Brett Stevenson spoke in support of Hillsdale Empowerment Through Action program, Tim Donnelly spoke on developing a pilot program for bike lanes in Humboldt. Michael Ragan spoke in support of Ethics San Mateo proposal, called for the need for a traffic engineering survey and requested neighborhoods be included in planning process. Alan Howe objected to the “apartmentification” of San Mateo. Rick Bonilla spoke in favor of rental registry, in opposition to AB 306 and supported safety for all, clean air and safe streets. Jeff Gilbert spoke in favor of supporting Empower San Mateo. Laura Walsh spoke to the need for a sea rise adaptation plan. Mareva Godfrey spoke to the need for enhanced stormwater infrastructure at the lagoon. Jordan Grimes spoke to the need for tenant protections to address housing crisis concerns.

STUDY SESSION

1. City Council “Blue Sky” Goal Setting Workshop
City Manager Alex Khojikian outlined the process for the day and noted that due to staffing capacity issues and an already robust list, each council member was limited to submitting three priorities and he discussed the City’s emphasis on four key priority areas. Under the guidance of Facilitator Tim Dunkin, the Council first reviewed the 2024-25 Priority list for items that would remain on the list; then reviewed what items should be removed from the list; then moved on to 2025-26 review of department initiatives; then the staff recommended priority list and then the City Council recommendations.

Council recessed from 11:13 am to 11:25 am; then broke for lunch at 12:15 pm and reconvened at 12:30 pm.

ADJOURNMENT –The meeting adjourned at 12:56 p.m.

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APPROVED BY: SUBMITTED BY:

Rob Newsom, Jr., Mayor Martin McTaggart, City Clerk

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COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

March 3, 2025
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, and Diaz Nash Excused: Cwirko-Godycki
AB 2449 Requests and Considerations for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances – there were no requests.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:32 p.m. to consider:

1. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Yumi Maeda, Karen Huang, Abby Veeser and Aracelia Esparza Employee Organizations: SEIU Maintenance
Council reconvened at 5:42 p.m.

STUDY SESSION

2. 2025 Community Survey Results
Christina Horrisberger, Assistant City Manager, gave an informational report about the results of the City's Community Survey, conducted in February 2025 by True North Research.

Public Comment:

Seema Patel: City walkability is a positive, more bike lanes, north central complete streets plan.

Jordan Grimes: Great report card, agree with majority of San Mateans, lucky to live here. Affordable housing biggest challenge. Comment at this venue can be unrepresentative of community at large. Do have flexibility to encourage affordable housing.

Max Mautner: Safer bike infrastructure – inexpensive to live in the City without a car. Saved money.

Mike Swire: Bike safety, plurality support additional bike lanes. Only segment who opposed the removal of bike lanes were residents.

Council asked questions and made comments.

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ADJOURNMENT –The meeting adjourned at 6:41 p.m.

APPROVED BY: SUBMITTED BY:

Rob Newsom, Jr., Mayor Martin McTaggart, City Clerk

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COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
March 3, 2025
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. Mayor’s Quarterly Hero Award – Keith Weber – Maxine Terner accepted the award on behalf of her late husband.

Lisa Vande Voorde, Tom Lease, Diane Whitaker, Laurie Watanuki, Seema Patel, and Jordan Grimes also spoke about Keith Weber.

2. Women’s History Month – Proclamation - Trish Erwin, PhD, Commissioner on San Mateo County Commission on the Status of Women and Clinic Manager for Fair Oaks Health Center and Sequoia Teen Wellness Center accepted the proclamation.

Moved: Loraine, Seconded: Newsom
Ayes: Newsom, Loraine, Fernandez, and Diaz Nash
Noes: None

3. City Council Meeting Minutes – Approval
Approve the special and regular minutes of the City Council meeting of January 21, 2025 and February 3, 2025.

Approve the special minutes of the City Council meeting of February 6, 2025.

4. Enforcement - Citation Authority – Ordinance Adoption Adopt an Ordinance to amend San Mateo Municipal Code Section 1.04.050(a), “Enforcement - Citation Authority”.

5. Official Visit to Sister City Toyonaka, Japan – Approval Receive a formal invitation from Mayor Shigeki Osanai of Toyonaka City to travel to Japan to participate in World Expo 2025 Osaka-Kansai, Japan program to promote the Sister City relationship in July 2025; authorize a written response from Mayor Newsom accepting the invitation; and authorize the City Clerk to all things necessary and proper to coordinate the City's participation in the exchange program.

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6. San Mateo County HOME Consortium Agreement — Amendment Approve a Second Amendment to the Cooperation Agreement of the San Mateo County Home Investment Partnership Consortium to extend the term for Program Years 2026, 2027, and 2028, with automatic renewals every three years, and to add the City of Redwood City to the Home Investment Partnership Consortium and authorize the City Manager to execute the agreement.

7. Emergency Services Council Joint Powers Agreement Amendments – Approval Adopt a Resolution approving the Second Revised and Restated Joint Exercise of Powers Agreement – San Mateo County Operational Area Emergency Services Organization and authorize the City Manager to sign the Agreement.

Enactment: Resolution No. 17 (2025)

8. Annual Sewer Basin Rehabilitation On-Call Professional Design Services — Amendments Approve amendments to two different agreements for on-call professional design services with Harris & Associates, Inc. and Schaaf & Wheeler for various sewer rehabilitation projects to extend the terms of each agreement by one year, at no additional cost; and authorize the Public Works Director to execute the amendments in substantially the form presented and issue project-specific task orders under these agreements.

9. San Mateo City Employees’ Association Side Letter of Agreement Regarding Salary Equity Adjustments - Approval Adopt a Resolution to amend the Memorandum of Understanding (“MOU”) with the San Mateo City Employees’ Association (“SMCEA”) to implement additional salary equity adjustments per the MOU Section 12.2 and appropriate funds.

Enactment: Resolution No. 18 (2025)

PUBLIC COMMENT
Christina Herlitz asked the Council to not give an exemption for school buses and to work with the School District to find alternative sites. Michael Lim, and Laura Wood spoke in opposition to proposed Bayside school bus depot location. Zida Bowers lives in Shoreview and walked on Norfolk Avenue and was hit by a truck and wants safer streets. Vikash opposed to Bayside bus depot and wants signs restored prohibiting vehicle exceeding 5 tons in the neighborhoods. Michael Regan has grave concerns about the scope and size of the Hillsdale Mall development. Jennifer Pacholivic stated that many people protest the Bayside bus depot and to not allow any exemptions or waivers. Trina Pierce asked for help for the citizens of North Central with disabilities and the problems the bike lanes cause.

City Manager Khojikian assured that the School District will need to meet all laws and agreements before establishing a bus stop.

OLD BUSINESS

10. Central Park Playground Improvements Project – Appropriation and Award of Contract King Leong, Project Manager, and Joanne Magrini, Parks & Recreation Director, gave the presentation.

Public Comment – there were no speakers.

Council asked questions and made comments.

Motion to Adopt a Resolution accepting a $10,000 donation from the San Mateo City Parks and Recreation Foundation and authorize an appropriation of the donation for the Central Park Playground Improvements Project (“Project”); award a construction contract to Suarez & Munoz Construction, Inc. for the Project in the amount of

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$8,485,784, with a contingency in the amount of $1,272,868, for a total amount of $9,758,652; and authorize the Parks and Recreation Director to execute the contract, in substantially the form presented and to approve change orders within the contingency amount. Motion passed 4-0.

Moved: Newsom, Seconded: Diaz Nash
Ayes: Newsom, Loraine, Fernandez, and Diaz Nash
Noes: None

Enactment: Resolution No. 19 (2025)

PUBLIC HEARING

11. 2025 Solid Waste Collection Rates - Rate Increase and Appropriation Jack Johnson, Waste Management Supervisor, and Matt Fabry, Public Works Director, gave the presentation.

The Mayor opened public comment.

Public Comment – Gary Germano spoke in opposition to the increase.

The Mayor closed public comment.

Council asked questions and made comments. At the close of the public hearing, the Clerk announced the total number of protests received had not reached the threshold required and the Council was free to take action.

Motion to Adopt a Resolution to establish maximum rates for solid waste, recycling, and organics collection for rate year 2025 and adopt a Resolution to appropriate $400,000 from the Solid Waste Fund unassigned fund balance to remit to Recology by September 30, 2025 to reduce the City’s balancing account deficit. Motion passed 4-0.

Moved: Newsom, Seconded: Loraine
Ayes: Newsom, Loraine, Fernandez, and Diaz Nash
Noes: None

Enactment: Resolution Nos. 20 and 21 (2025)

NEW BUSINESS

12. Boards and Commissions – 2025 Demography Study
Chantal Eaton, Deputy City Clerk, and Martin McTaggart, City Clerk, gave a review of the 2025 Commissioner Demography Study results.

Public Comment – there were no speakers.

The City Council reviewed the 2025 Commissioner Demography Study results and provided direction for ongoing surveying and outreach.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles and noted past and future events.

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ADJOURNMENT – Mayor Newsom requested a moment of silence and adjourned the meeting in memory of Keith Weber.

The meeting adjourned at 10:45 p.m.

APPROVED BY: SUBMITTED BY:

Rob Newsom Jr., Mayor Martin McTaggart, City Clerk

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3 COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

March 10, 2025
Oak Room, San Mateo Main Library
55 West 3rd Avenue 6:30 PM
Special Meeting

CALL TO ORDER at 6:30 p.m.

Roll Call

Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, and Diaz Nash Excused: Council Member Cwirko-Godycki

NEW BUSINESS

1. 2025 State of the City
Mayor Rob Newsom, Jr., delivered the annual State of the City presentation and presented insights into the City’s achievements in 2024 and plans for 2025.

Public Comment: A group presentation was delivered by David Agranovich on behalf of the Bay Meadows Community Neighbors, spoke on parking enforcement concerns.

ADJOURNMENT –The meeting adjourned at 8:15 p.m.

APPROVED BY: SUBMITTED BY:

Rob Newsom, Jr., Mayor Martin McTaggart, City Clerk

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7 COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

March 14, 2025
Dr. Martin Lither King Jr Community Center
725 Monte Diablo Ave 9:00 AM
Special Meeting

CALL TO ORDER at 9:00 a.m.

Roll Call

Present: Mayor Newsom, Deputy Mayor Loraine, Council Members: Fernandez, Cwirko-Godycki, and Diaz Nash

STUDY SESSION

1. City Council Strategic Plan Workshop
City Manager Alex Khojikian outlined the process for the day to engage in a facilitated discussion to begin development of the Strategic Plan. Under the guidance of Facilitator Tim Dunkin, the Council first developed a draft mission statement: “Cultivate a vibrant, safe community through Collaboration, Innovation and sustainability.” The Council then developed draft initiatives: “Economic Development, Climate Resiliency, Transportation, Infrastructure, Healthy Community for All Ages, Land Use, Housing, Organizational Health/Good Governance, Public Safety, and Community Engagement/Communications”. The City Council developed draft priorities: “Climate Resiliency, Infrastructure, Transportation, and Housing”. The City Council directed that a set of values be added to the strategic plan, including those contained within the current General Plan, adding integrity and inclusivity. Council directed staff to return in September 2025 for further review of the draft strategic plan.

Public Comment: Lisa Maley spoke regarding the upcoming Hillsdale Project; Laurie Watanuki spoke on the need to reduce speed limits and require enforcement of oversized vehicle ordinance. Jaylen Wan spoke to the Humboldt Bike Lanes issue and the need to include youth in decision making. Robert Whitehair recommended the Council adopt bold climate initiatives.

Recess Taken at 9:55 am and resumed at 10:05 am, Council broke for lunch at 11:45 am and resumed at 12:05 pm.

ADJOURNMENT –The meeting adjourned at 12:28 p.m.

APPROVED BY: SUBMITTED BY:

Rob Newsom, Jr., Mayor Martin McTaggart, City Clerk

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COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

March 17, 2025
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session at 5:32 p.m. to consider:

1. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 5495.9 One case (Claim of Alicia Petrakis)

2. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Three cases)

3. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One case)

4. Conference with Labor Negotiators (Government Code Section 54957.6) City designated representatives: Aracelia Esparza, Abby Veeser, Stacey Cue, IEDA, and Employee Organization: San Mateo Management Employees’ Association
Council reconvened at 6:07 p.m.

NEW BUSINESS

5. Letter to California Office of Historic Preservation – Approval Council Member Diaz Nash recused herself from the discussion.

Council Members Fernandez and Cwirko-Godycki gave the presentation.

Public Comment:

In Person:

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Zen Simou, Shawn Fahrenbruch, Jay Kuhre, Dan Foster, Frank Elliot, Rich Hedges, and Jordan Grimes spoke in opposition to Baywood becoming historic district and in support of the draft letter.

Richard Delaney, Lisa Vande Voorde, Tom Lease, Taso Zografos, Laurie Watanuki, Laurie Hietter, Randy Hietter, Connie Wiess, Michael Weinhauer spoke in support of the historic designation and in opposition to the proposed letter
Council asked questions and made comments.

Council Members Cwirko-Godycki and Fernandez were open to change from 18 months to 14 months. Council Member Loraine voted to approve.

Motion to Consider and take action on a proposed letter drafted by Council Members Fernandez and Cwirko- Godycki requesting a deferral of further review of the Baywood District historic nomination. Motion carries 4-0.

Moved: Fernandez, Seconded: Newsom
Ayes: Newsom, Loraine, Fernandez, and Cwirko-Godycki
Noes: None
ADJOURNMENT –The meeting adjourned at 6:55 p.m.

APPROVED BY: SUBMITTED BY:

Rob Newsom Jr., Mayor Martin McTaggart, City Clerk

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COUNCIL MEMBERS
Rob Newsom Jr., Mayor
Adam Loraine, Deputy Mayor
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
March 17, 2025
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.

Pledge of Allegiance
Roll Call

CEREMONIAL

1. Multiple Sclerosis (MS) Awareness Month – Proclamation - Linda Glassel, National Multiple Sclerosis Society President, Northern California Chapter, received the proclamation

CONSENT CALENDAR
The following items, 2 through 8, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

Moved: Cwirko-Godycki, Seconded: Diaz Nash
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None

2. City Council 2025 Regular Meeting Calendar — Adoption Approve an amendment to the City Council Regular Meeting schedule for the calendar year 2025.

3. Sister City Policy – Adoption
Adopt a Resolution to approve the Sister City Policy to provide guidelines to ensure that Sister City relationships are both effective and financially independent from the City, while also outlining the responsibilities of the City and the San Mateo Sister City Association in support of these efforts.

Enactment: Resolution No. 22 (2025)

4. City Clerk’s Office — Assistant to the City Clerk Position Reallocation Adopt a Resolution to approve the reallocation of the Assistant to the City Clerk position from per diem to part-time merit.

Enactment: Resolution No. 23 (2025)

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5. Citywide Small Trash Capture Project — Amendment
Approve Amendment No. 4 to the agreement with Schaaf and Wheeler Consulting Civil Engineers for design professional services in an amount not to exceed $67,280, for a new agreement amount of $207,760; extend the term of the agreement to July 1st, 2026; and authorize the Public Works Director to execute the amendment in substantially the form presented and any future amendments within the contingency amount.

6. Central Park Playground Improvements Project - Contract Adopt a Resolution to approve an alternative purchasing procedure for awarding a contract for construction with Public Restroom Company, Inc. (Contractor) for a prefabricated, turnkey restroom building, including installation, for the Central Park Playground Improvements Project in the amount of $824,568. Authorize a contingency of $82,457, for a total amount not to exceed $907,025. Authorize the Parks & Recreation Director to execute the contract in substantially the form presented, approve change orders within the contingency amount, and amend the contract to name the construction manager once selected.

Enactment: Resolution No. 24 (2025)

7. AB 481 Annual Military Equipment Report — Approval
Approve the Annual Military Equipment Report per California State Assembly Bill No. 481.

8. 385 2nd Ave – Lease Agreement Renewal
Approve a one-year lease and one-year option at 385 2nd Avenue in the Main Street Garage with Dagoberto Vasquez and Anavela Vasquez for a term beginning April 1, 2025, with and an initial base rent of $1,374.00 monthly; and authorize the City Manager to execute the lease in substantially the form presented.

9. Metropolitan Transportation Commission Transit-Oriented Communities Policy Grant – Agreement Adopt a Resolution to accept grant funds in the amount of $610,000 from the Metropolitan Transportation Commission (MTC) for the Comprehensive Zoning Code Update; approve the Master Funding Agreement; and authorize the City Manager to execute the Master Funding Agreement with MTC in substantially the form presented.

Enactment: Resolution No. 25 (2025)

10. 4th and Railroad Parking Lot, Bespoke Development – Exclusive Negotiation Agreement Extension Adopt a Resolution to approve Amendment No. 2 to the agreement with DTSM Housing LLC for exclusive negotiations related to the public-private partnership development project, commonly known as Bespoke, located partially on City owned property at 4th and Railroad, for a one-time extension of six (6) months from April 14, 2025, to October 14, 2025, approve the proposed schedule of performance, and authorize the City Manager to execute this amendment.

Enactment: Resolution No. 26 (2025)

PUBLIC COMMENT
Michael Sevilla expressed concern about the VIP reservation system at Poplar Creek Golf Course. Christelle Mondejar asked for more flexible parking policies in Bay Meadows, noting issues for families, caregivers, and visitors. Kathy Qian reported that her nanny couldn’t come during rain due to a lack of parking and asked the Mayor to visit Bay Meadows.

Mike Swire urged the Council to oppose the 101–92 Direct Connector Project due to its negative impact on Fiesta Gardens. Kiran Ghodgaonkar criticized the lack of public engagement on Bay Meadows parking changes and called for immediate suspension of enforcement. Ed Hwong described challenges with Caltrain access and limited parking for multi- car households in Bay Meadows. Raph Tse advocated for workers impacted by parking enforcement and described hardship faced by restaurant employees receiving multiple tickets. Maneesh emphasized the need for engagement and

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stated that residents were seeking solutions rather than making demands. Mihir Patel requested a two-week meeting window to resolve Bay Meadows parking issues and shared personal difficulty balancing work-from-home and caregiver parking needs.

NEW BUSINESS

11. 2024 Annual Progress Reports: Housing Element, General Plan, and Housing Successor Agency - Approval Rachel Horst, Housing Manager, and Steve Golden, Principal Planner, gave the presentation.

Public Comment – Jeremy Levine urged the City to expedite entitlement and permitting processes to better achieve housing goals.

Council asked questions and made comments.

Motion to Approve the Annual Progress Reports and direct the City Manager to submit the 2024 General Plan Annual Progress Report to the California Office of Policy and Research; the 2024 Housing Element Annual Progress Report to the California Department of Housing and Community Development; and the 2024 Housing Successor Agency Annual Report to the California Department of Finance. Motion passed 5-0.

Moved: Loraine, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None

PUBLIC HEARING

12. General Plan 2040 Land Use Map Amendments - Adoption Council Member Cwirko-Godycki recused herself from the item.

Somer Smith, AICP, Senior Planner, gave the presentation.

The Mayor opened public comment.

Public Comment – there were no speakers.

The Mayor closed public comment.

Council asked questions and made comments.

Motion to Adopt a Resolution amending the General Plan land use designation at 1770 S. Amphlett Blvd. Motion passed 4-0.

Moved: Loraine, Seconded: Newsom
Ayes: Newsom, Loraine, Fernandez, and Diaz Nash
Noes: None
Recused: Cwirko-Godycki

Enactment: Resolution No. 27 (2025)
Motion to Adopt a Resolution amending the General Plan land use designations at 12 specified locations, where both resolutions will amend the General Plan 2040 Land Use Map. Motion passed 5-0.

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Moved: Cwirko-Godycki, Seconded: Diaz Nash
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None

Enactment: Resolution No. 28 (2025)
Council recessed from 8:47 p.m. to 8:57 p.m.

13. Housing Element and General Plan Ballot Measure T Implementation – Zoning Code Amendments – Ordinance Introductions
Steve Golden, Principal Planner, and Zachary Dahl, Director, Community Development, gave the presentation.

The Mayor opened public comment.

Public Comment: Ken Abreu supported the Planning Commission’s recommendation to increase the administrative approval threshold to 150 units and urged the City to complete zoning updates within 6 months to accelerate housing production. Jeremy Levine praised the ordinances as thoughtful and emphasized that streamlining ministerial approvals and fast-tracking the comprehensive zoning code update would help city staff focus on major priorities and better manage the housing workload.

The Mayor closed public comment.

Council asked questions and made comments.

A majority of Council agreed to amend the mid-range adjustment of administrative approval threshold to 99 units.

Motion to Introduce two Ordinances that amend the San Mateo Municipal Code Title 27, Zoning to: 1) implement various programs and policies established in San Mateo’s 2023-2031 Housing Element. Motion passed 5-0.

Moved: Loraine, Seconded: Fernandez
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None
and 2) implement General Plan 2040 Ballot Measure T, approved by voters on November 5, 2024; and find that the Ordinances are exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With a Community Plan, General Plan, or Zoning). Motion passed 5-0.

Moved: Cwirko-Godycki, Seconded: Diaz Nash
Ayes: Newsom, Loraine, Fernandez, Cwirko-Godycki, and Diaz Nash Noes: None

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles and noted past and future events.

ADJOURNMENT –The meeting adjourned at 9:58 p.m.

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APPROVED BY: SUBMITTED BY:

Rob Newsom, Jr., Mayor Martin McTaggart, City Clerk

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 25-9793 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 07, 2025
SUBJECT:

Boards and Commissions – Establish Annual Appointment Subcommittees RECOMMENDATION:

Establish Appointment Subcommittees with Mayor Rob Newsom and the Commission Liaison to interview for vacancies on the Community Relations Commission, Library Board, Park and Recreation Commission, Personnel Board, Planning Commission, Senior Advisory Commission, Sustainability and Infrastructure Commission, and Measure S Oversight Committee. Direct staff, as necessary, if Council Members wish to serve on additional Appointment Subcommittees.

BACKGROUND:

Council adopted Rules and Procedures provide direction for the selection and appointment process for Boards and Commission members. The City Clerk’s Office oversees this process by notifying commissioners with terms that are scheduled to expire, verifying interest in continuing to serve, and coordination of the necessary recruitments, including outreach and engagement with the community. Rules and Procedures provide that the default is for currently serving commissioners to be interviewed for reappointment. Alternatively, an automatic reappointment can occur with a majority vote of the Council due to outstanding performance or other factors. On March 3, 2025, the City Council directed staff to require all currently serving commissioners who are interested in continuing to serve to reapply and reinterview for an additional term. As such, this action item is specifically to provide the Council with an opportunity to form Appointment Subcommittees for all vacancies occurring within the calendar year 2025.

Per the City Council Rules and Procedures, the City Council appoints an Appointment Subcommittee for each board or commission vacancy, generally comprised of the Mayor (or designee) and the Council liaison to that commission. If the Mayor is the Council liaison to that commission, the Deputy Mayor fulfills this role. The Rules and Procedures also allow the other Council Members to participate as a member of the Appointment Subcommittee. As each Appointment Subcommittee meeting is publicly noticed, and to ensure that the meeting is appropriately noticed, this is the opportunity for Council Members to add their names as a participant to any Appointment Subcommittee, by noting after the reading of the consent calendar that they want to be added to any Appointment Subcommittee being scheduled.

As such the default Appointment Subcommittees are established as follows:

Board, Commission, or Committee Appointment Subcommittee Number of Vacancies Community Relations Commission Mayor Newsom and Deputy Mayor Loraine
One (1) Full-Term (4 Year)
Library Board Mayor Newsom and Council Member
Diaz Nash
Two (2) Full-Term (4 Year)
Park and Recreation Commission Mayor Newsom and Deputy Mayor Loraine
Two (2) Full-Term (4 Year)

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CITY OF SAN MATEO
Personnel Board Mayor Newsom and Council Member
Cwirko-Godycki
Two (2) Full-Term (4 Year)
Planning Commission Mayor Newsom and Deputy Mayor
Loraine
Two (2) Full-Term (4 Year)
Senior Advisory Commission Mayor Newsom and Council Member Fernandez
One (1) Full-Term (4 Year)
One (1) Partial-Term (Through
June 10, 2026)
Sustainability and Infrastructure
Commission
Mayor Newsom and Deputy Mayor
Loraine
One (1) Full-Term (4 Year)
Measure S Oversight Committee Mayor Newsom and Council Member Cwirko-Godycki
One (1) Full-Term (4 Year)
One (1) Partial-Term (Through
June 10, 2027)

After the City Clerk reads the consent calendar at the Regular Meeting on April 7, 2025, the Mayor will provide an opportunity for Council Members to select additional Appointment Subcommittees to be included in.

The application process for scheduled and unscheduled vacancies began on March 20th and will remain open until May 2nd with interviews scheduled throughout May, and the objective to bring appointment recommendation to the full Council at the June 2nd, 2025 Regular Meeting.
2025 Outreach and Recruitment Success Plan:

On February 18, 2025 Regular Council Meeting, the City Clerk’s Office presented to the City Council the 2025 Demography Study. The survey revealed continued disparities in representation of the wider San Mateo community on Boards, Commissions, and Committee. Staff received further direction from the City Council on opportunities to bolster outreach and recruitment efforts. This direction, coupled with further research into best practices among city clerk’s offices within the state, and the City’s Diversity, Equity, and Inclusion Strategic Framework, helped further develop San Mateo’s Outreach and Recruitment Success Plan.

BUDGET IMPACT:

There is no budgetary impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Boards and Commissions List

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

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Updated 03/21/2025
Boards, Commissions & Committees List

Term
Date
Appt’d
Term
Expires Term
Date
Appt’d
Term
Expires

COMMUNITY RELATIONS COMMISSION (650) 522-7220
Meeting: 3rd Wednesday, 7:00 p.m. City Hall (Room C)

1 Sheri Boles, Chair 07-19-21 06-10-26
1 Meghan Crowell 06-10-21 06-10-25
0 Jennifer Kim 06-17-24 06-10-26
2 Jerold Nugent 06-10-20 06-10-28
1 Alli Fitzgerald, Vice Chair 01-17-23 06-10-28

PLANNING COMMISSION (650) 522-7212
Meeting: 2nd & 4th Tuesdays, 7:00 p.m. Council Chambers

2 John Ebneter 06-01-15 06-10-25
1 Adam Nugent, Vice Chair 07-19-21 06-10-25
1 Seema Patel, Chair 06-10-21 06-10-26
2 Margaret Williams 07-15-19 06-10-27
1 Adam Klafter 06-17-24 06-10-28

LIBRARY BOARD (650) 522-7802
Meeting: 4th Monday, 5:30 p.m. Main Library Cedar Rm.

1 Richard Wysong 06-10-23 06-10-27
0 Sheila Canzian, President 04-17-23 06-10-25
1 Wendy McCall, Vice President 04-17-23 06-10-28
1 Austin Volz 01-03-22 06-10-26
0 Annie Tsai 06-17-24 06-10-25

SENIOR ADVISORY COMMISSION (650) 522-7400
Meeting: 2nd Monday, every other month beginning in January 4:00 p.m. San Mateo Senior Center

0 Thomas Lease, Chair 04-17-23 06-10-25
0 Anna Cwirko-Godycki 02-05-24 06-10-27
1 Karl Lorenz 06-10-24 06-10-28
2 Ellen Wang, Vice Chair 07-20-20 06-10-28
Vacant 06-10-26

PARK AND RECREATION COMMISSION (650) 522-7400
Meeting: 1st Wednesday, 7:00 p.m. City Hall (Room C)

1 Sarah Fields, Chair 06-10-21 06-10-25
0 Regina Trapp 10-16-23 06-10-27
1 Sandra Kiapi 06-10-23 06-10-27
0 Peter Wicher, Vice Chair 10-16-23 06-10-26
0 Sabrina Ocampo 07-15-24 06-10-25
1 Thomas Jacob Jelniker, (YC) 10-21-24 11-06-25
Vacant (YC)

SUSTAINABILITY & INFRASTRUCTURE (650) 522-7153

COMMISSION
Meeting: 2nd Wednesday, 7:00 p.m. Council Chambers

1 Kimi Narita, Chair 04-05-21 06-10-27
1 Sigalle Michael, Vice Chair 08-15-22 06-10-26
1 Edward “Rich” Kranz 06-17-24 06-10-28
2 Clifford S. Robbins 08-06-18 06-10-26
1 Susan Rowinski, Chair 08-06-18 06-10-25

PERSONNEL BOARD (650) 522-7260
Meeting: 3rd Tuesday, 7:00 p.m. City Hall (Room C)

1 Debra Kaiser, Chair 06-10-21 06-10-25
1 Caiti Busch, Vice Chair 06-10-21 06-10-25
2 Gayle Murphy 07-20-15 06-10-26
1 Elizabeth DeWinter 06-10-23 06-10-27
2 Tony Villanueva 01-19-21 06-10-28
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7476
Meets twice a month, Coordinator: Rachel Torda and Kaite McGuee

Youth from the following schools represent the voice of San Mateo teens: Aragon – Hillsdale – Serra – San Mateo

MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358

1 Tolifili Fa 10-07-24 10-07-26

0 = appointed to unscheduled opening, eligible to serve a first full term 1 = in first term currently
2 = in second (final) term currently
YC = Youth Commissioner

Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, pl ease contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.

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Term
Date
Appt’d
Term
Expires

MEASURE S OVERSIGHT COMMITTEE (650) 522-7040
Meeting: 3rd Tuesday of the 2nd month of the quarter (February, May, August, November) at 6:00 p.m. City Hall (Room C)

1 Sandy Shepler 04-17-23 06-10-28
0 Karen Moen 04-17-23 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
0 William Yang, Chair 04-17-23 06-10-26
1 Nick Atkeson, Vice Chair 06-10-23 06-10-27

CIVIC ARTS COMMITTEE (650) 522-7164
Meeting: 2nd Monday, every other month beginning in January, 4:00 p.m. City Hall (Room C)

Robert Gooyer, Vice Chair
Seema Patel
Ginger Slonaker
Stephen Tabler, Chair
Dianne Whitaker

INVESTMENT ADVISORY COMMITTEE (650) 522-7100
Meeting: 3rd Thursday of Jan/Apr/Jul/Oct at 3:30 p.m., City Hall (Room C)

Jeff Adams
Michael Carney
Chris deLong
Margaret Taylor, Chair

Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.

/s/ MARTIN MCTAGGART, CITY CLERK

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 25-3112 File ID: 25-9806 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: April 07, 2025
SUBJECT:

Zoning Code Amendments to Implement General Plan Ballot Measure T — Ordinance Adoptions RECOMMENDATION:

Adopt two Ordinances that amend the San Mateo Municipal Code Title 27, Zoning. to: 1) implement various programs and policies established in San Mateo’s 2023-2031 Housing Element, and 2) implement General Plan 2040 Ballot Measure T, approved by voters on November 5, 2024; and find that the Ordinances are exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent With a Community Plan, General Plan, or Zoning).

BACKGROUND:

On March 17, 2025, the City Council introduced two Ordinances to amend Title 27 (Zoning) of the San Mateo Municipal Code to: 1) implement various programs and policies established in San Mateo’s 2023–2031 Housing Element, and 2) implement General Plan 2040 Ballot Measure T, approved by voters on November 5, 2024. The City Council also found that the Ordinances are exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). The proposed Ordinances are attached. If adopted, the Ordinances will become effective 30 days after adoption.

BUDGET IMPACT:

The Zoning Code Amendments to implement the Housing Element and General Plan are fully funded in the Community Development Department’s annual operating budget, utilizing the Advanced Planning Fund, and do not impact the City’s General Fund.

ENVIRONMENTAL DETERMINATION:

The Environmental Impact Report (EIR) for General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040. On March 18, 2024, the City Council certified the EIR.

In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15183, the zoning amendment to modify housing development provisions and development standards (“Project”) is exempt from further environmental review because the Project, which generally allows for more housing types to be permitted uses in specific zoning districts and remove regulatory barriers from the zoning code, is consistent with the anticipated land uses under the land use designations adopted as part of General Plan 2040 for which an EIR was certified. There are no specific proposed changes to residential development densities, and it is consistent with the development densities established by General Plan 2040.

The Project is also consistent with the implementation policies of the adopted and certified Housing Element and pursuant to certain mandates in state law.

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CITY OF SAN MATEO
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Applying Section 15183, there are no project specific effects that are peculiar to the project; there are no project specific impacts that the General Plan EIR failed to analyze as significant effects; there are no potentially significant off-site and cumulative impacts that the EIR failed to evaluate; there is no substantial new information which results in more severe impacts than anticipated by the EIR; and projects will be required to comply with mitigation measures contained in the EIR.

Furthermore, any future development of sites where these code amendments would apply would be evaluated as a potential “Project” under CEQA and if necessary, be further assessed for their potential environmental impacts prior to City entitlement.

NOTICE PROVIDED
All meeting noticing requirements were met, including the publishing of a public notice in a newspaper of general circulation at least 20 days in advance of the public meeting in compliance with Assembly Bill (AB) 2904 and Government Code Section 65854.

ATTACHMENTS
Att 1 – Draft Ordinance – Zoning Code Amendments to Implement Housing Element Policies Att 2 – Draft Ordinance – Zoning Code Amendments to Implement General Plan Ballot Measure T

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

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6 CITY OF SAN MATEO

DRAFT ORDINANCE
Amending Several Chapters of Title 27, Zoning, of the San Mateo Municipal Code to Implement the 2023-2031 San Mateo Housing Element (Sixth Housing Cycle)
WHEREAS, the State Housing Element Law (Government Code Section 65580 et seq.) requires that the City Council adopt a Housing Element for the 2023-2031 period to accommodate the City of San Mateo (“City”) regional housing need allocation (RHNA) of 7,015 housing units; and WHEREAS, on May 20, 2024, the City Council adopted a resolution to adopt the revised Housing Element of the General Plan for the period of 2023-2031 (Housing Element); and WHEREAS, under Housing Element Goal 1 – Production and the Policies H1.7, H1.13, H1.14, H1.15, and H1.16, the City commits to reviewing and amending the City’s Zoning Code to increase affordable housing production, update standards to support housing production, and address special needs groups and supportive housing requirements; and
WHEREAS, under Housing Element Goal 3 – Protection, the City commits to facilitating and supporting protection of current residents to prevent displacement. Policy H3.7 requires the City to evaluate opportunities for expanding homeless shelters; and
WHEREAS, the Environmental Impact Report (EIR) for the San Mateo General Plan 2040 analyzed new residential development of up to 19,764 new housing units and growth around the City through 2040; and WHEREAS, on March 18, 2024, at a duly noticed public hearing, the City Council certified the EIR for the San Mateo General Plan 2040, pursuant to the California Environmental Quality Act of 1970, together with related State implementation guidelines promulgated thereunder (CEQA); and WHEREAS, on February 11, 2025, the Planning Commission held a duly noticed public hearing, received all written and oral public comments, and recommended that the City Council approve the proposed ordinance to amend several Chapters of Title 27, Zoning, of the San Mateo Municipal Code to Implement the 2023-2031 San Mateo Housing Element (Sixth Housing Cycle), except for the 50-unit threshold for Zoning Administrator approval of housing development projects consistent with the City’s Objective Design Standards, where the Commission instead recommended a threshold of 150 units, or, in the alternative, no threshold at all for such projects.

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

Section 1. Legislative Findings. At a duly noticed public hearing on March 17, 2025, the City Council of the City of San Mateo reviewed and considered the accompanying staff report and attachments thereto, the exemption from environmental review, together with comments received during the public review process, and hereby finds and determines that the proposed ordinance is consistent with the adopted General Plan in that it supports the development of housing and achieves the General Plan’s stated goals and policies.

Section 2. Section 27.04.130 of the San Mateo Municipal Code is amended as follows:

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6 27.04.130 COMMUNITY CARE FACILITY.

A "community care facility" means any place or building which is maintained and operated to provide 24-hour non-medical residential care, or day care services for children, adults, or both, limited to the following:
(a) Residential Care Facility. A residential care facility means a family home, group home, residential care facility for the elderly, foster home, intermediate care facility or similar facility, for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual;
(b) Day Care Center. A day care facility means any facility which provides non-medical care to persons (adults and/or children) in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis; (c) Family Day Care Home. A family day care home means a facility which provides care, protection, and supervision of no more than 14 children in the caregiver's own home, for periods of less than 24 hours per day, while the parents or guardians are away.

Section 3. Section 27.04.165 of the San Mateo Municipal Code is amended as follows:

27.04.165 DWELLING.
"Dwelling" means a building or portion thereof, designed or used exclusively for residential occupancy, including a one-family dwelling unit, an accessory dwelling unit, a junior accessory dwelling unit, a two-family dwelling unit, a multiple-family dwelling unit, or a single room occupancy but does not include a hotel, motel, boarding or lodging houses or other lodging facilities, or a vessel or boat, or a house trailer. (a) "Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, is accessory to the primary residential dwelling unit or units, and includes permanent provisions for living, sleeping, eating, cooking facilities and sanitation on the same parcel as the primary residential dwelling unit. (b) "Studio unit" means a dwelling unit consisting of one principal room used for living and sleeping purposes, plus cooking facilities, and a bathroom.
(c) "Junior accessory dwelling unit" means an additional, independent living unit constructed within the walls of a proposed or legally existing single-family residence, including attached garages. (d) "Multiple-family dwelling" means a building or portion thereof, designed or altered for occupancy by three or more families living independently of each other. (e) "One-family dwelling" means a building containing one cooking facility only and designed exclusively for use and occupancy by one family, including the provision of interior access to all bedrooms, and may include a junior accessory dwelling unit within the principal dwelling.

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6 (f) “Primary residential dwelling unit” means a building or separate portion thereof designated and/or customarily used as a residence by not more than one family and typically situated on a parcel or lot on which no other primary dwelling is located. Each dwelling unit within a multiple-family or two-family dwelling is also considered a primary residential dwelling unit (does not apply to junior accessories dwelling units or attached accessory dwelling units). The primary residential dwelling unit shall be larger, in terms of floor area, than any other residential unit situated on the same parcel or lot. (g) “Single Room Occupancy” (SRO) means housing composed of individual efficiency dwelling units, where each unit has a minimum floor area of 150 square feet and a maximum size of 500 square feet. To qualify as an SRO development, no more than 10% of the units in a development may contain individual kitchens and bathrooms. Any unit not developed with an individual kitchen or bathroom must have access to common areas containing kitchen and bathroom facilities. SROs must be leased for a minimum of 30 consecutive days and also include apartment hotels. SROs are not required to provide any residential care or supportive services. (h) "Two-family dwelling" means a building(s) designed or altered to provide attached (duplex) or detached dwelling units for occupancy by two families living independently of each other.

Section 4. Section 27.04.170 of the San Mateo Municipal Code is amended as follows:

27.04.170 DWELLING UNIT
"Dwelling unit" means one or more rooms in a structure which are arranged or designed for use by one family, which includes provisions for living, sleeping, eating, cooking and sanitation, and if located on multiple levels/stories, the unit provides interior connections from a common living area (including but not limited to a living room, family room, dining room, kitchen, or other common living areas as determined by the Zoning Administrator).

Section 5. Section 27.04.177 of the San Mateo Municipal Code is amended as follows:

27.04.177 EMERGENCY SHELTER.
"Emergency shelter" means overnight emergency housing typically operated by a governmental or nonprofit agency. It serves as the principal shelter of the inhabitants for a temporary period and may include services like food, sanitation, laundry, health and childcare, transportation, and social services. Emergency shelters include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

Emergency shelters are subject to the following: (a) The shelter must maintain a documented management plan that outlines strategies for staff training, community outreach, security measures, resident intake, and, when relevant, programs like job training or counseling; (b) each emergency shelter is restricted to a maximum of one hundred (100) beds, serving no more than one hundred (100) people at one time; (c) individuals or families may reside at the shelter for up to 180 days consecutively, except when longer stays are part of ongoing training or rehabilitation efforts outlined in the management plan; (d) the shelter may provide one or more common facilities, such as central cooking and dining rooms, recreation rooms, counseling centers, childcare centers, or other support services, exclusively for residents; (e) the shelter must have designated staff

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6 on-premises during all operational hours;(f) no more than one (1) emergency shelter shall be allowed within a radius of three hundred (300) feet from another such facility, measured from the nearest property lines; (g) the interior on-site waiting and intake area must be at least two hundred (200) square feet; and (h) minimum on-site parking requirement of two off-street parking spaces plus one additional off-street parking space for each 10 beds and one additional parking space per each employee on site.

Section 6. Section 27.04.222 of the San Mateo Municipal Code is added to Chapter 27.04 as follows:

27.04.222 GROUP HOME
“Group home” means a one-family dwelling providing 24-hour residential care for a wide variety of persons with special needs, including but not limited to licensed group homes, unlicensed group homes, and recovery residences or sober living homes. Residents may share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities.

Section 7. Section 27.04.250 of the San Mateo Municipal Code is repealed.

Section 8. Section 27.04.306 of the San Mateo Municipal Code is added to Chapter 27.04 as follows:

27.04.306 LOW-BARRIER NAVIGATION CENTER
“Low-barrier navigation center” means a temporary shelter that provides services for individuals experiencing homelessness, as defined by California Government Code Section 65660. Low-barrier navigation centers are subject to the following: (a) It offers services to connect people to permanent housing through a services plan that identifies services staffing; (b) It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals; (c) It complies with Welfare and Institutions Code Section 8255 et seq; and (d) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Section 9. Section 27.04.308 of the San Mateo Municipal Code is added to Chapter 27.04 as follows:

27.04.308 MANUFACTURED HOME
(a) "Manufactured home" shall mean a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty (40) feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling installed on a permanent foundation when connected to the required utilities, and the plumbing, heating, air conditioning, and electrical systems are contained within the structure. "Manufactured home" shall also include any structure which meets all the requirements of this subsection except the size requirements and to which the manufacturer voluntarily has filed a certification and complies with the standards established by the Health and

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6 Safety Code. "Manufactured home" shall also include a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974. "Manufactured home" shall include only those structures that contain two or less dwelling units, and that conform to the applicable requirements of the laws of the State of California or United States.

Section 10. Section 27.04.313.1 of the San Mateo Municipal Code is added to Chapter 27.04 as follows:

27.04.313.1 MOBILEHOME PARK
“Mobilehome park” means any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes, mobilehomes, or recreational vehicles used for human habitation as defined in Section 18214 of the Health and Safety Code, as amended from time to time. The rent paid for a manufactured home, a mobilehome, or a recreational vehicle shall be deemed to include rent for the lot it occupies. “Mobilehome park” also means a mobilehome development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code, and intended for use and sale as a mobilehome condominium or cooperative park, or as a mobilehome planned unit development.

Section 11. Section 27.04.203 of the San Mateo Municipal Code is added to Chapter 27.04 as follows:

27.04.203 FOUNDATION
“Permanent foundation" shall mean assembly of materials constructed below, or partially below grade, not intended to be removed from its installation site, which is designed to support a manufactured home structure and engineered to resist the imposition of external natural forces, as defined by the Health and Safety Code or the Building Code, whichever is more restrictive.

Section 12. Section 27.04.467 of the San Mateo Municipal Code is added to Chapter 27.04 as follows:

27.04.467 SUPPORTIVE HOUSING
(a) “Supportive Housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing shall only be subject to those restrictions that apply to other residential dwellings of the same type in the same zone
(b) “Target Population” means persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code as may be amended from time to time.

Section 13. Section 27.04.486 of the San Mateo Municipal Code is added to Chapter 27.04 as follows:

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6 27.04.486 TRANSITIONAL HOUSING
“Transitional housing” and “transitional housing development” means buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing shall only be subject to those restrictions that apply to other residential dwellings of the same type in the same zone.

Section 14. Subsection (h)(1)(A) of Section 27.06.020 of the San Mateo Municipal Code is amended as follows:

27.06.020 ZONING ADMINISTRATOR - POWERS AND DUTIES.

The Zoning Administrator shall enforce the provisions of this Title, and shall:
(h) Have the authority to review and approve, conditionally approve, or disapprove the following types of projects, provided that the projects do not result in any significant impacts pursuant to the California Environmental Quality Act (CEQA), subject to public notice and to appeal of the final action to the Planning Commission:
(1) Site plan and architectural review for projects that incorporate:
(A) Up to ninety-nine (99) residential dwelling units that meet objective design standards as adopted by resolution of the City Council; or Section 15. Subsection (a)(3)(A) of Section 27.06.040 of the San Mateo Municipal Code is amended as follows:

27.06.040 PLANNING COMMISSION—JURISDICTION.
(a) The Commission shall review and take final action, subject to appeal to the Council, upon all applications for:
(3) Site plan and architectural review for projects that incorporate:
(A) One hundred (100) or more residential dwelling units that meet objective design standards as adopted by resolution of the City Council; or Section 16. Chapter 27.17 of the San Mateo Municipal Code is repealed.

Section 17. Section 27.18.020 of the San Mateo Municipal Code is amended as follows:

27.18.020 PERMITTED USES.

The following uses are permitted:
(a) One-family detached dwellings, including manufactured homes on permanent foundations;

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6 (b) Accessory dwelling units and junior accessory dwelling units subject to the provisions of Chapter

27.19;
(c) Accessory uses and structures;
(d) Detached accessory structures containing no more than two (2) plumbing fixtures or waste lines; (e) Home occupations, subject to provisions of Section 27.16.040; (f) Community care facilities as follows:
(1) Unlicensed group homes subject to the objective development standards that apply to other residential uses of the same type in the same zone;
(2) Licensed residential care facilities including group homes with six (6) or fewer residents, in addition to the caregiver's family, subject to the objective development standards that apply to other residential uses of the same type in the same zone. Certain licensed group homes shall be subject to separation requirements pursuant to Health and Safety Code Section 1267.9, as amended from time to time; and
(3) Family day care for fourteen (14) or fewer occupants, in addition to the caregiver's family, when managed in the caregiver's residence and in accordance with State law. (g) Temporary buildings for construction purposes for a period not to exceed the duration of such construction;
(h) Transitional housing and supportive housing subject to the objective development standards that apply to other residential uses of the same type in the same zone.

Section 18. Section 27.18.030 of the San Mateo Municipal Code is amended as follows:

27.18.030 SPECIAL USES.

The following uses may also be allowed if a special use permit is approved:
(a) Detached accessory structures, other than accessory dwelling units, containing more than two (2) plumbing fixtures or waste lines;
(b) Swimming pools, hot tubs and spas located in required front yard or street side yard; (c) Cemeteries, mausoleums, and columbaria, subject to the provisions of the Section 27.18.120; (d) Churches, convents, parish houses, and monasteries, including as a permitted accessory use emergency shelters subject to the requirements in a residential zone; (e) Community services including but not limited to libraries, parks, playgrounds, and community centers;

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6 (f) Group homes that provide licensed services to seven (7) or more residents without disabilities, in addition to the caregiver's family, subject to the objective development standards that apply to other residential uses of the same type in the same zone. Certain licensed group homes shall be subject to separation requirements pursuant to Health and Safety Code Section 1267.9; (g) Public and private educational facilities;
(h) Day care centers when located within a public or quasi-public structure such as a school, recreation center, church, temple or similar facility;
(i) Philanthropic and eleemosynary uses;
(j) Public utility facilities; and
(k) Temporary real estate sales offices for a period not to exceed the duration of the construction and sale of homes within the subdivision wherein the sales office is to be located.

Section 19. Section 27.20.010 of the San Mateo Municipal Code is amended as follows:

27.20.010 PERMITTED USES.

No building or land in the R2 district shall be used and no building shall be hereafter erected, structurally altered or enlarged, unless otherwise provided in this title, except for the following:
(a) Any use permitted in the R1 districts, subject to the same regulations and exceptions; (b) Two family dwellings;
(c) Accessory uses which are necessary to the above-mentioned buildings and uses.

Section 20. Section 27.20.020 of the San Mateo Municipal Code is amended as follows:

27.20.020 SPECIAL USES.
(a) Special uses in the R2 districts shall be any special uses permitted in the R1 district, subject to the same regulations and exceptions;
(b) Mobilehome parks.

Section 21. Section 27.22.010 of the San Mateo Municipal Code is amended as follows:

27.22.010 PERMITTED USES.

Use of buildings or land in this district and buildings hereafter erected, structurally altered or enlarged, shall be limited to the following:
(a) Any use permitted in the R1 and R2 districts;

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6 (b) Multiple family dwellings, as defined in this title; (c) One family row dwellings, as defined in this title; (d) Supportive housing in compliance with Government Code Sections 65650 - 65656, shall be considered a use by-right use. “Use by right” shall have the same meaning as defined in Government Code Section 65583.2(i). Supportive housing shall also be in compliance with Section 27.94.020 By-Right Residential Use Requirements and subject only to those objective development standards and policies that apply to other multifamily development within the same zone.
(e) Accessory uses which are necessary to the above-mentioned buildings and uses.

Section 22. Section 27.22.020 of the San Mateo Municipal Code is amended as follows:

27.22.020 SPECIAL USES.

Unless otherwise provided, the following uses may be allowed if a special use permit is approved:
(a) Any special use permitted in the R1 and R2 districts; (b) Bed and breakfast inns;
(c) Boarding and lodging houses with a five (5) resident limitation; (d) Residential care facility (excluding group homes) with seven (7) or more residents in addition to the caregiver. Certain licensed care facilities shall be subject to separation requirements pursuant to Health and Safety Code Section 1267.9;
(e) Day care centers.

Section 23. Section 27.24.010 of the San Mateo Municipal Code is amended as follows:

27.24.010 PERMITTED USES.

Use of buildings or land in this district and buildings hereafter erected, structurally altered or enlarged, shall be limited to the following:
(a) Any use permitted in the R1, R2, or R3 districts;
(b) Single Room Occupancy Units;
(c) Accessory uses which are necessary to the above-mentioned buildings and uses.

Section 24. Chapter 27.27 of the San Mateo Municipal Code is repealed.

Section 25. Section 27.30.010 of the San Mateo Municipal Code is amended as follows:

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6 27.30.010 PERMITTED USES.

The following uses are permitted provided that the use limitations contained in Section 27.30.025, "Permitted and special uses—Twenty-Fifth Avenue Improvement Area," shall apply to properties in the Twenty- Fifth Avenue Improvement Area and the use limitations contained in Section 27.30.027, "Permitted and special uses—Hillsdale Station Area Plan Active Zone," shall apply to properties in the Hillsdale Station Area Plan Active Zone:
(a) Animal grooming, provided no overnight boarding occurs on the site; (b) Bakeries;
(c) Barber shops and hair salons;
(d) Delicatessens;
(e) Dry cleaners, with customer service areas;
(f) Financial institutions, provided the ground floor area devoted to this use does not exceed 2,500 square feet per establishment;
(g) Health studios and spas;
(h) Laundromats;
(i) Libraries;
(j) Low Barrier Navigation Center above the ground floor in compliance with Government Code Sections 65660-65668 shall be considered a use by-right. “Use by right” shall have the same meaning as defined in subdivision (i) of Section 65583.2. Supportive housing shall also be in compliance with Section 27.94.020 By- Right Residential Use Requirements and subject only to those objective development standards and policies that apply to other multifamily development within the same zone. (k) Newspaper publishing;
(l) Offices, provided the ground floor area devoted to this use does not exceed 2,500 square feet per establishment;
(m) Photo processing;
(n) Picture framing;
(o) Real estate establishments;
(p) Residential units above the ground floor, subject to R3 district "Minimum Development Standards" in Section 27.22.040 and affordable housing requirements as adopted by City Council resolution, unless otherwise specified in Chapter 27.29;

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6 (q) Restaurants and accessory outdoor dining areas, without drive-through facilities; (r) Retail uses, such as, but not limited to, the following uses, subject to a maximum of 15,000 square feet of floor area per establishment except for supermarkets and drug stores:
(1) Antique shops,
(2) Apparel sales, tailoring and repair stores,
(3) Drug stores,
(4) Hardware and garden supply stores,
(5) Household furnishings,
(6) Pet shops,
(7) Supermarkets and grocery stores;
(s) Reverse vending machines, subject to regulations established in Chapter 27.69; (t) Schools and day care facilities;
(u) Travel agencies;
(v) Accessory uses to principle uses permitted; and
(w) Other compatible uses as determined by the zoning administrator.

Section 26. Section 27.30.020 of the San Mateo Municipal Code is amended as follows:

27.30.020 SPECIAL USES.

The following uses may also be permitted subject to approval of a special use permit, provided that the use limitations contained in Section 27.30.025, "Permitted and special uses—Twenty-Fifth Avenue Improvement Area," shall apply to properties in the Twenty-Fifth Avenue improvement Area and the use limitations contained in Section 27.30.027, "Permitted and special uses—Hillsdale Station Area Plan Active Zone," shall apply to properties in the Hillsdale Station Area Plan Active Zone:
(a) Accessory buildings containing plumbing;
(b) Alternative financial services subject to the following requirements:
(1) A maximum of four alternative financial services may be located in the City of San Mateo. (2) No alternative financial service may be located within a radius of 1,000 feet from the nearest existing alternative financial service.

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6 (3) Any alternative financial service seeking to begin operations after the effective date of the ordinance codified in this section shall meet the following minimum standards of performance, which shall be included as conditions of approval for such uses:
(A) A lighting plan shall be reviewed and approved by the Police Department and the Building Division for conformance with the City's security ordinance prior to the issuance of building permits.
(B) Storefronts shall have glass or transparent glazing in the windows and doors. No more than 10% of any window or door area shall be covered by signs, banners, or opaque coverings of any kind.
(C) Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. (D) At least one uniformed security guard will be on duty at all times the business is open. The security guard shall patrol the interior and all exterior portions of the property under the control of the owner or operator of the alternative financial service, including, but not limited to, parking lots and any open public spaces such as lobbies. (c) Automobile gasoline service stations;
(d) Boarding, lodging, or rooming houses;
(e) Community care facilities serving seven or more persons in addition to the caregiver. Certain licensed care facilities shall be subject to separation requirements pursuant to Health and Safety Code Section 1267.9 ; (f) Convalescent homes, rest homes, nursing homes, limited to the housing of not more than six persons in addition to the owner or manager, and family;
(g) Drive-through facilities for financial institutions and for pharmacies dispensing only prescriptions or medicinal goods at the drive-through facility. Drive-through facilities for pharmacies shall be subject to the parking requirements for financial institution drive-through uses, as enumerated in Section 27.64.160(7)(a). (h) Fast food establishments without drive-through facilities; (i) Financial institutions, exceeding 2,500 square feet of ground floor area per establishment up to a maximum of 15,000 square feet of floor area;
(j) Offices exceeding 2,500 square feet of ground floor area per establishment up to a maximum of 15,000 square feet of floor area;
(k) Parking facilities, as a principal use;
(l) Public utility and public service uses;
(m) Recreational vehicle storage, subject to regulations established in Section 27.64.267, and only on those parcels designated for such use in Section 27.60.180;

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6 (n) Recycling facilities subject to regulations established in Chapter 27.69; (o) Religious institutions;
(p) Businesses selling or renting firearms as defined by Penal Code Section 12001(b); and (q) Other compatible uses as determined by the zoning administrator subject to the granting of a special use permit.

Section 27. Section 27.32.010 of the San Mateo Municipal Code is amended as follows:

27.32.010 PERMITTED USES.

The following uses are permitted:
(a) Permitted uses in the C1 district;
(b) Art galleries;
(c) Automotive accessory stores, excluding on-site service and repair of vehicles; (d) Boarding, lodging, or rooming houses;
(e) Catering services;
(f) Hotels and motels, including restaurant and meeting rooms; (g) Laundries;
(h) Medical and dental clinics, including laboratories; (i) Offices;
(j) Parking facilities;
(k) Printing, lithographing, or publishing establishments for newspaper, business cards, and other similar uses;
(l) Radio and television broadcasting stations;
(m) Reproduction services;
(n) Residential units, subject to R4 district "Minimum Development Standards" in Section 27.24.040 and affordable housing requirements as adopted by City Council resolution, except as otherwise specified in Chapter

27.29;
(o) Retail uses, including incidental rental and repair;

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6 (p) Emergency Shelters ;
(q) Accessory uses to principle uses permitted; and
(r) Other compatible uses as determined by the zoning administrator.

Section 28. Section 27.32.020 of the San Mateo Municipal Code is amended as follows:

27.32.020 SPECIAL USES.

The following uses may also be permitted, subject to approval of a special use permit:
(a) Special uses permitted in the residential and C1 districts, except increases in floor area ratios; (b) Clubs, lodges, and fraternal organizations;
(c) Commercial recreation uses;
(d) Hospitals;
(e) Mortuaries;
(f) Public transportation facilities and terminals; and other similar uses; (g) Recreational vehicle storage, subject to the provisions of Section 27.64.267 of this Title; (h) Theaters, excluding drive-in theaters; and
(i) Other compatible uses as determined by the zoning administrator subject to the granting of a special permit.

Section 29. Section 27.34.010 of the San Mateo Municipal Code is amended as follows:

27.34.010 PERMITTED USES.

The following uses are permitted:
(a) Permitted uses in the C1 and C2 districts provided that residential uses are subject to R4 district "Minimum Development Standards" in Chapter 27.24 and affordable housing requirements as adopted by City Council resolution, except as otherwise specified in Chapter 27.29; (b) Ambulance service;
(c) Automobile, boat, and truck sales and rental, including service and repair as accessory to the primary sales use, sales may occur on open lot;
(d) Automobile service, parts, and repairs, classified as minor motor vehicle repair in Section 27.04.325;

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6 (e) Car wash and detailing facilities, may not occur on open lot; (f) Laboratories, research, experimental, and testing, provided no production or manufacturing of products occurs on the premises;
(g) Accessory uses to principle uses permitted; and
(h) Other compatible uses as determined by the Zoning Administrator.

Section 30. Section 27.36.010 of the San Mateo Municipal Code is amended as follows:

27.36.010 PERMITTED USES.

The following uses are permitted:
(a) Permitted uses in the C1, C2, and C3 districts, except that residential uses, low barrier navigation centers, office uses on the properties along Palm Avenue between Twentieth and Twenty-fifth Avenues, and emergency shelters are prohibited;
Section 31. Section 27.38.020 of the San Mateo Municipal Code is amended as follows:

27.38.020 PERMITTED USES.

Unless otherwise provided in this title, uses of building or land in this district and buildings hereafter erected, structurally altered or enlarged shall be limited to the following uses:
(a) Any use permitted in the C2 District, except an animal hospital and emergency shelters; provided that the use limitations contained in Section 27.38.110, Required Retail Frontage, shall apply to properties located within the required retail frontage area, as shown in the Downtown Plan. (b) Multiple-family dwellings, when part of a mixed use development, subject to CBD residential development standards and affordable housing requirements as adopted by City Council resolution; (c) Name plates and signs, as classified and regulated in Title 25.

Section 32. Section 27.44.020 of the San Mateo Municipal Code is amended as follows:

27.44.020 PERMITTED USES.

The following uses shall be permitted:
(a) Administrative, executive, and professional offices, provided that the professional offices are limited to those professions listed in Section 5.24.160, and including similar professional occupations, and provided that no office of a veterinarian shall include an animal hospital or kennel. (b) Accessory uses; including, but not limited to:

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6 (1) Sale of personal goods and services, when provided in the principal building, including, but not limited to, the following:
(A) Flower, food, and news vending;
(B) Printing and photocopying;
(C) Travel agencies;
(D) Ticket outlets;
(2) Other services which are customary appurtenant uses. (c) Health and recreation facilities.
(d) Public utility and service uses.
(e) Financial and business offices and related facilities. (f) Research laboratories (experimental and testing), provided no production or manufacturing occurs, and provided that all activities conform with the performance standards established for the M1 district. (g) Residential units, subject to R3 district "Minimum Development Standards" in Section 27.22.040 and affordable housing requirements as adopted by City Council resolution, unless otherwise specified in Chapter

27.29. (h) Restaurants without drive-through facilities. (i) Schools and day care facilities.
(j) Warehousing, storage, and distribution facilities as accessory uses but not exceeding 10,000 square feet per establishment or not more than 60% of gross floor area per establishment. (k) Other compatible uses as determined by the Zoning Administrator.

Section 33. Section 27.44.030 of the San Mateo Municipal Code is amended as follows:

27.44.030 SPECIAL USES.

The following uses may also be permitted subject to approval of a special use permit:
(a) Alternative financial services, subject to the restrictions set forth in Section 27.30.020; (b) Automobile gasoline service station;
(c) Clubs, lodges, and fraternal organizations;
(d) Hotels;

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6 (e) Parking facilities, as a principle use;
(f) Religious institutions; and
(g) Other compatible uses as determined by the Zoning Administrator subject to the granting of a special use permit.

Section 34. Section 27.48.020 of the San Mateo Municipal Code is amended as follows:

27.48.020 PERMITTED USES.

The following uses are permitted:
(a) Permitted uses in the E1 district
Section 35. Section 27.48.030 of the San Mateo Municipal Code is amended as follows:

27.48.030 SPECIAL USES.

Reserved.

Section 36. Section 27.60.020 of the San Mateo Municipal Code is added to Chapter 27.60 as follows:

27.060.020 DEFINITIONS
The following definitions apply to this chapter.
(a) “Farmworker housing” means an agricultural employee housing development that satisfies all of the following:
(1) The agricultural employee housing does not contain dormitory-style housing (2) The development consists of no more than 36 units or spaces designed for use by a single family or household
(3) Except as otherwise provided in subparagraph (2), the agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified pursuant to Government Code Section 17030.10 or operated by a local public housing agency or a multicounty, state, or multistate agency that has been certified as a qualified affordable housing organization (4) An affordability covenant is recorded on the property to ensure the affordability of the proposed agricultural employee housing for agricultural employees for not less than 55 years.

Section 37. Section 27.60.030 of the San Mateo Municipal Code is amended as follows:

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6 27.60.030 PERMITTED USES.

Permitted uses shall be as follows:
(a) All uses commonly classed as agriculture, horticulture or forestry, including crop and tree farming, and nursery operation.
(b) Horse racetracks and related uses, including, but not limited to, veterinary facilities, feed storage facilities, stables, offices, restaurants, sleeping quarters, plant nurseries and equipment storage facilities. (c) One-family detached dwelling and accessory buildings provided the property (or zoning plot) upon which the dwelling is located has as its principal use one of the agricultural uses permitted above. (d) Accessory dwelling units, when a primary dwelling is located on the site. (e) Parks, forest preserves and recreational areas, when publicly owned and operated. (f) Golf courses, regulation size, but not including "par 3" golf courses, commercially operated driving ranges or miniature golf courses; and provided, that no clubhouse or accessory building shall be located nearer than five feet to any dwelling.
(g) Signs, advertising the sale or rental of the property upon which the sign is located. (h) Public utility facilities.
(i) Farmworker housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household.

Section 38. Section 27.60.040 of the San Mateo Municipal Code is amended as follows:

27.60.040 SPECIAL USES.

The following uses may also be permitted if their site locations and proposed development plans are first approved, as provided for in Chapters 27.06 through 27.12, 27.62, 27.74, 27.78 and 27.80:
(a) Mining, dredging, loading, and hauling of sand, shells, salt, dirt, gravel or other aggregate, but not including equipment, buildings or structures for screening, refining, crushing, mixing, washing or storage. (b) Railroad Rights-of-Way and Trackage. Airports or aircraft landing fields. Radio and television towers, commercial.
(c) Filling of lowland with noncombustible material free from refuse and food wastes. (d) Sanitary land fill, when operated or supervised by the City. (e) Kennels, commercial, and animal hospitals.

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6 (f) Public service uses:
(g) Filtration plant, pumping station, and water reservoir; (h) Sewage treatment plant;
(i) Other governmental uses.
(j) Temporary farmworker housing consisting of more than 36 beds in group quarters or more than 12 units or spaces designed for use by a single family or household.

Section 39. Section 27.60.050 of the San Mateo Municipal Code is amended as follows:

27.60.050 CONDITIONS OF USE.

No horses, cattle, or other domestic animals shall be bred, raised, or maintained within 500 feet of any residential district as established in this zoning title.

Section 40. Section 27.60.090 of the San Mateo Municipal Code is amended as follows

27.60.090 SPECIAL USES.

The following uses may also be allowed if a special use permit is approved:
(a) Detached accessory structures, containing more than two plumbing fixtures or waste lines; (b) Swimming pools, hot tubs and spas located in required front yard or street side yard; (c) Cemeteries and mausoleums;
(d) Churches, convents, parish houses, and monasteries; (e) Community services, including, but not limited to, libraries, parks, playgrounds, and community centers;
(f) Public and private educational facilities;
(g) Day care centers serving more than six persons or family day care centers serving more than 14 children;
(h) Philanthropic and eleemosynary uses;
(i) Public utility facilities; and
(j) Temporary real estate sales offices for a period not to exceed the duration of the construction and sale of homes within the subdivision wherein the sales office is to be located.

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6 Section 41. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15183, this zoning amendment to establish a by-right residential overlay district and reclassify parcels with the overlay district ("project") is exempt from further environmental review because the Project which generally allows for more housing types to be permitted uses in specific zoning districts and remove regulatory barriers from the zoning code is consistent with the anticipated land uses under the land use designations for the sites adopted as part of the General Plan 2040 for which an EIR was certified by the City Council on March 18, 2024. Also, there are no specific proposed changes to residential development densities and is consistent with the development density established by the General Plan. The Project is also consistent with the implementation policies of the adopted and certified Housing Element and pursuant to certain mandates in state law. There are no project specific effects that are peculiar to the project or the sites; there are no project specific impacts that the General Plan Update EIR failed to analyze as significant effects; there are no potentially significant off-site and cumulative impacts that the general plan EIR failed to evaluate; and there is no substantial new information which results in more severe impacts than anticipated by the general plan EIR.

Section 42. 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 43. 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 44. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

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4 CITY OF SAN MATEO

DRAFT ORDINANCE
Amending the San Mateo Municipal Code to Implement Measure T WHEREAS, on November 5, 2024, the voters of the City of San Mateo approved Measure T by a vote of 59% (25,271 votes) to 41% (17,283 votes), and on December 9, 2024, the City Council certified the election results. Measure T officially became effective on December 19, 2024, as Ordinance No. 2024-10; and WHEREAS, the Housing Element plans for a total of 10,286 units, over and above the RHNA allocation of 7,015 units for the eight-year planning period of 2023-2031, and the City’s adopted and certified Housing Element does so by allocating these units across the “Sites Inventory” in the Housing Element; and WHEREAS, the approval of Measure T increases the capacity of the Sites Inventory in the Housing Element from 10,286 units to approximately 20,000 units; and WHEREAS, beyond the Sites Inventory, Measure T expands the development capacity within the City by approximately an additional 10,000 units, for an approximate total of over 30,000 units of housing; and WHEREAS, Measure T adds new sites upon which residential development will be allowed, and substantially increases capacity for numerous sites listed in General Plan 2040; and WHEREAS, the effect of Measure T is to substantially enhance the City’s ability to ensure a continuous availability of adequate sites to meet and exceed RHNA goals throughout the Housing Element planning period, including at the very low, low and moderate income levels, within the meaning of Government Code section 65863.

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

Section 1. Section 27.02.170 of the San Mateo Municipal Code is amended as follows:

27.02.170 Consistency with General Plan.

In their review of planning applications, each approval body involved shall consider whether the planning application is in conformance with the San Mateo City General Plan.

Section 2. Section 27.02.170 of the San Mateo Municipal Code is amended as follows:

27.02.220 Consistency With Measure T, General Plan Ballot Measure (November 2024 Election).

The provisions of Ordinance No. 2024-10, approved by the voters on November 5, 2024, as Measure T, and effective on December 19, 2024, allows for the full implementation of the Land Use Element in General Plan 2040. In case of conflict or inconsistency between Title 27 of the Municipal Code (Zoning Code) and the General Plan 2040, the uses, densities, intensities and heights specified in Table LU-1 (Land Use Designations) in the Land Use Element and associated with the Land Use Map shall control.

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4 Section 3. CEQA Findings. The City Council finds that adoption of this Ordinance is exempt from CEQA because, pursuant to (CEQA) Guidelines, section 15061(b)(3), the so-called “common sense” exemption, there is no possibility that the Ordinance will have an effect on the physical environment, in that it incorporates into the Zoning Code the uses, densities, intensities, and heights already adopted by the voters of the City. In addition, any impacts of the Ordinance were reviewed in the Environmental Impact Report prepared on General Plan 2040, and no changes have been made in the uses, densities, intensities, and heights included in General Plan 2040 and incorporated into the Ordinance, nor has any substantial evidence been presented by substantial changes with respect to the circumstances under which the changes are to be undertaken, nor has any new information of substantial importance been identified.

Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

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

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

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 25-9588 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 7, 2025
SUBJECT:

Peninsula Heights North Phase, 2800, and 2988 Campus Drive – Agreement RECOMMENDATION:

Adopt a Resolution to approve the final map and the subdivision improvement agreement for the Peninsula Heights North Phase subdivision located at 2800 and 2988 Campus Drive and authorize the Public Works Director to execute the agreement in substantially the form presented.

BACKGROUND:

The Planning Commission approved the Peninsula Heights subdivision located at 2655, 2755, 2800, and 2988 Campus Drive (Planning Application 2020-012) ("Project”), along with the vesting tentative map, on December 8, 2020. The vesting tentative map and all other associated planning application approvals were extended on May 9, 2022, through Planning Application 2022-019. The Project is phased into the north and south sites. The work associated with the south phase was brought to City Council at the February 6, 2023, meeting. The north phase, located at 2800 and 2988 Campus Drive, is a subdivision creating 30 single-family residential lots and five parcels for a maximum of 104 residential condominium units on an approximately 7.04-acre site. The applicant filed the final map for the north phase with the City Engineer in February 2025, in compliance with the conditions of approval, the Municipal Code, and applicable fee requirements.

The City’s consultant land surveyor has reviewed the final map for compliance with the Subdivision Map Act and the City’s Subdivision Code and recommends the final map for approval. The applicant is requesting that the final map be approved and recorded prior to the completion of the Project’s right-of-way improvements for the north phase. Government Code Section 66462(a) requires the applicant to enter into a subdivision improvement agreement with the City to ensure the completion of the work. The subdivision improvement agreement for the north phase is included as Attachment 2. A reduced copy of the final map is included in Attachment 3. The conditions of approval related to the final map have been satisfied. The Covenants, Conditions, and Restrictions for this project have been reviewed for compliance with the conditions of approval and the San Mateo Municipal Code and were recorded on February 9, 2024.

BUDGET IMPACT:

There is no budgetary impact from this action. Staff and consultant review costs are covered by deposits paid by the applicant.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because approval of the final map and the subdivision improvement agreement is a ministerial act and falls within the scope of the project approvals and CEQA findings previously made by the Planning Commission. The environmental impacts of the proposed public improvements were analyzed in the mitigated negative declaration that was prepared for the Project. (CEQA Guidelines Section 15268).

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

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Subdivision Improvement Agreement
Att 3 - Final Map

STAFF CONTACT
Selena Lau, Associate Engineer
[email protected]
(650) 522-7340
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323

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RESOLUTION NO. (2025)
APPROVING THE FINAL MAP F OR PENINSULA HEIGHTS NORTH PHASE (PA 20-012) AND THE SUBDIVISION IMPROVEMENT AGREEMENT 2800 & 2988 CAMPUS DRIVE WHEREAS, the vesting tentative map for Peninsula Heights located at 2655, 2755, 2800 and 2988 Campus Drive was approved by the Planning Commission on December 8, 2020 through Planning Application 2020-012 (Project);
WHEREAS, the vesting tentative map and all other associated planning application approvals were extended on May 9, 2022, through Planning Application 2022-019, and is currently under review for additional extension for the North site through Planning Application 2024-069; WHEREAS, the Project is phased into the North and South parcels of the Project, with the South phase previously brought to City Council on February 6, 2023; WHEREAS, the Project’s North phase, located at 2800 & 2988 Campus Drive, is a subdivision creating 30 single family residential lots, and 5 parcels for a maximum of 104 residential condominium units on approximately 7.04 acres;
WHEREAS, in accordance with Municipal Code Section 26.52.010, the subdivider submitted a final map for the Project’s North phase for review;
WHEREAS, the City’s mapping consultant reviewed the final map for compliance with the Subdivision Map Act and the City’s Subdivision Code and recommend the final map for approval; WHEREAS, the subdivider has not yet completed the required public improvements for the Project’s North phase;
WHEREAS, the subdivider is entering into a subdivision improvement agreement for the Project’s North phase to guarantee completion of the public improvements per Government Code Section 66462(a); WHEREAS, all conditions of approval related to approval of the final map have been and the Covenants, Conditions & Restrictions (CC&Rs) have been reviewed and was recorded on February 9, 2024.

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

1. WHEREAS, in accordance with CEQA Guidelines Section 15268, this action is not a project subject to CEQA, because approval of the final map and the subdivision improvement agreement is a ministerial act and falls within the scope of the project approvals and CEQA findings previously made by the Planning Commission. The environmental impacts of the proposed public improvements were analyzed in the mitigated negative declaration that was prepared for the Project.

2. The City Council approves the final map entitled “PENINSULA HEIGHTS - NORTH” in accordance with Municipal Code Section 26.52.090 and authorizes recordation of the map and CC&Rs with the County of San Mateo Recorders Office.

3. The City Council accepts the dedicated public easements as shown on the final map.

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3 4. The City Council approves the subdivision improvement agreement and authorizes its execution by the Director of Public Works.

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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
APN(s):______________________
__________________________________________________________________________________

SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into this ______ day of _______________, 2025 by and between the CITY OF SAN MATEO, a municipal corporation of California ("City"), and 2800 CAMPUS POP OWNER, LLC, a Delaware limited liability company, and 2988 CAMPUS POP OWNER, LLC, a Delaware limited liability company (together, "Subdivider").

R E C I T A L S
A. Subdivider is the owner of that certain tract of land, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, located at the property commonly known as 2800 and 2988 Campus Drive in the City of San Mateo, County of San Mateo, State of California (the “Property”).

B. Subdivider’s application for a vesting tentative map was approved by the San Mateo Planning Commission on December 8, 2020, subject to various conditions.

C. Subdivider has presented to City for approval a final subdivision map, dated December 2024 ("Map"), incorporated herein by reference.

D. Subdivider has requested approval of the Map prior to the completion of improvements.

E. The Map designates pedestrian access easements for the City, and Subdivider proposes to dedicate such easements to the City.

F. As a condition precedent to accepting this offer of dedication by Subdivider, City requires various off-site sidewalk improvements and off-site landscape improvements.

G. City desires that Subdivider post bonds to ensure the construction of offsite improvements that are required under Subdivider’s Conditions of Approval, as more specifically described below.

H. City desires to assure that the improvements will be done in a good and workmanlike manner, in accordance with the Conditions of Approval for the Vesting Tentative Tract Map approved by the City on December 8, 2020, City, state and federal standards.

NOW, THEREFORE, in consideration of the approval of the Map, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under the tentative map conditions of approval, the Subdivision Map Act, and the San Mateo Municipal Code, the parties agree as follows:

Space Above This Line Reserved for Recorder’s Use Exempt from Recording Fee Per Government Code Section 27383 and 6103

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1. Performance of Work. Subdivider shall, at its own cost and expense, perform, in a good and workmanlike manner, all of the work and improvements within and without the subdivision, which are shown on the Map or on improvement plans, profiles, and specifications which have been submitted to the City Engineer or may hereafter be so submitted, as finally approved, or which improvements are required as conditions of approval of the subdivision by the City, or are required to be done by any provision of law as a condition of said subdivision (“Required Improvements”). Said Required Improvements include, but are not limited to, curbs, gutters, and sidewalks, grading, signs, pavements, driveway approaches and pedestrian crosswalks, storm and sanitary sewers, underground utilities, signal improvements, street lighting, roadway improvements, roadway markings, landscaping, monuments, and all appurtenant improvements. Said plans and specifications are filed in the Office of the City Engineer, as issued through permit BD-2023-290216.

2. Improvement Cost. The total cost of the Required Improvements is estimated to be $626,000.

3. Standards. All work to be performed hereunder shall be done to the satisfaction of the City Engineer. No work on the Required Improvements shall commence until the plans, profiles, and specifications have been submitted to and approved by the City Engineer. All of the Required Improvements shall be constructed in accordance with the approved plans, profiles, and specifications and Subdivider shall do, or cause to be done, all work and furnish all materials necessary in the opinion of the City Engineer to complete the Required Improvements in accordance with the approved plans, profiles, and specifications, or any changes required by the City Engineer, which in his or her opinion are necessary or required to complete the work. All costs of checking said plans, profiles, and specifications, and of all inspections of the work shall be paid by Subdivider. Any approval under this section does not relieve Subdivider, or its engineers or landscape architects, from liability.

4. Time of Commencement and Completion. Subdivider has already obtained a site development permit for grading or removal of major vegetation in accordance with the San Mateo Municipal Code. Unless otherwise approved by the City, all Required Improvements shall be constructed and approved by the City Engineer within two years and prior to occupancy of any building on the site.

5. Payment of Costs. Without limitation, Subdivider shall pay all costs and expenses related to or arising from the performance of any work to complete the Required Improvements, including, but not limited to, payment for any materials, provisions, and other supplies used in, upon, for, or about said work, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor. Costs and expenses shall also include, but not be limited to, the. costs of any engineering, plans and specifications, city personnel or consultant costs to prepare right of way maps and related documents, construction manager, escrow payments, contract administration, encroachment permits, utility relocation, legal fees, and other services furnished by City in connection with this Agreement.

6. Acceptance by City. The City Engineer shall have the right to reject any and all Required Improvements under this Agreement if they do not conform, in his or her sole judgment, with the

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plans, profiles, and specifications mentioned herein and with the ordinances and standards of the City. Final acceptance of the Required Improvements shall be by the City Council.

7. Guarantee and Maintenance. Notwithstanding the fact that Subdivider's plans, profiles, and specifications, completion of work, and other acts to be performed hereunder are subject to approval by the City, it is understood and agreed that any approval by the City shall in no way relieve Subdivider of satisfactorily performing said work or its obligations hereunder. Subdivider warrants that the plans, profiles, and specifications submitted shall conform at a minimum to the City Standard Drawings and Specifications and to applicable provisions of the San Mateo Municipal Code in effect as of the date of this Agreement, and that they are adequate to accomplish the work in a good and workmanlike manner, and in accordance with sound construction practices.

8. Warranty of Work. Subdivider warrants and guarantees all work performed hereunder and all materials used therein for a period of one year after completion and final acceptance by the City Council.

9. Repair, Replacement or Reconstruction. If within the one year period after the City Engineer accepts the Required Improvements, all or any portion of the work required under this Agreement fails to fulfill the requirements of' this Agreement, then Subdivider, without delay and without cost to the City shall repair, replace or reconstruct the defective or otherwise unsatisfactory part of the work. The repair work, if required, shall be completed to the satisfaction of the City Engineer.

If Subdivider fails to act in accordance with this requirement, or should the exigencies of the situation require repairs or replacements to be made before Subdivider can he notified, City may make the necessary repairs and. replacement or perform the necessary work, and Subdivider shall pay to the City the actual cost of the repairs and replacement.

10. Permits: Compliance with Law. Subdivider will, at Subdivider's expense obtain all necessary permits and licenses for the Required Improvements and give all necessary notices and pay all fees and taxes required by law. In the performance of this Agreement, Subdivider shall comply with all laws, ordinances, regulations, and rules of all governmental agencies with jurisdiction, including, but not limited to, the provisions of the Government Code, the Public Contract Code, and the Labor Code of the State of California. With regard to the Labor Code, Subdivider agrees to comply with, to the extent applicable, all provisions, that may include the wage and hour, prevailing wage, workers compensation and various other labor requirements in Division 2, Part 7, Chapter 1, including Sections 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860, and 1861, which provisions are specifically incorporated by reference as though set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder.

11. Inspection by City. Subdivider shall, at all times, maintain proper facilities and provide safe access for inspection by City to all parts of the work subject to City's acceptance. Subdivider shall pay for all engineering, inspection, and survey services in accordance with San Mateo Municipal Code Section 26.60.010.

12. Reversion to Acreage. Subdivider acknowledges that City, without limiting all other remedies available in law and equity, may initiate proceedings to revert the Property to acreage pursuant to Government Code Section 66499.16 if none of the improvements required to be made

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have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later.

Subdivider shall bear all applicable costs with respect to reversion to acreage if such reversion is completed.

13. Superintendence by Subdivider. Subdivider shall personally supervise the work or have a competent foreman or superintendent on the work site at all times during the course of construction with the authority to act for Subdivider.

14. Bonds Required. The Subdivider shall present to the City surety bonds of a form satisfactory to the City Attorney, issued by a company authorized to issue surety bonds in the State of California, as follows:

A. At the time of signing this Agreement, the following bonds shall be presented:
(1) Faithful Performance (100% of the cost of the Required Improvements) to secure faithful performance of this Agreement by the Subdivider. (2) Labor and Materials (50% of the cost of Required Improvements) to secure payment by the Subdivider of laborers and material engaged pursuant to this Agreement, and further to secure payment as required by the Unemployment Insurance Act.

B. Before the City accepts the improvements, the following bond shall be presented:

Maintenance (10% of cost of the Required Improvements) to secure performance of Paragraph 1 above. This bond shall remain in effect for one (1) year after the date of acceptance by the City Council of the improvements.

15. Alternate Security. In lieu of the bonds required above, alternative security approved by the City Attorney may be substituted.

16. City May Require Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have the Subdivider post additional security, the City may require either an additional cash deposit or a surety bond guaranteeing performance. The condition of the security shall be that if the Subdivider fails to perform its obligation under this Agreement, the City may in the case of a cash bond act for it using the proceeds or in the case of a surety bond require the sureties to perform the obligations of the Agreement.

17. Default and Breach by Subdivider and Remedies of the City.

A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:
(1) Failure to complete the Required Improvements within two years unless an extension is otherwise granted by the City in accordance with Section 25 below. (2) Failure to correct or cure any defect in the Required Improvements during the one- year guarantee and warranty period.

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(3) Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, if not cured or discharged within a period of thirty (30) days.
(4) Commencement of a foreclosure action against the subdivision or any portion thereof, or any conveyance by the Subdivider in lieu of or in avoidance of foreclosure. (5) Failure to perform any obligations under this Agreement within thirty (30) days after receipt of written notice from the City of Subdivider’s failure to perform, or if performance in 30 days is not possible, failure to commence performance and diligently pursue completion thereafter, in accordance with the terms and provisions of this Agreement.

B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement.

C. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default.
1) The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Required Improvements. If the surety, within seven (7) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence performance within five (5) days after notice to the City of its intention to perform, the City may take over the work and prosecute the same to completion, by contract or by other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. 2) Subdivider acknowledges that the estimated total costs and Required Improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Required Improvements, and consequently, City's damages for Subdivider's default shall be measured by the cost of completing the Required Improvements. If the damages incurred by the City in taking over and completing any portion of the Required Improvements exceed the principal amount of the Required Improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.

D. City may, without liability for doing so, take possession of, and utilize in completing the Required Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work.

Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the subdivision owned by the Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on any portion of the Required Improvements following Subdivider's default.

E. Subdivider acknowledges and agrees that, upon approval of the Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Required Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that reversion to

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acreage or rescission of approval of the Subdivision may be a necessary remedy for Subdivider's default to the extent authorized by the Subdivision Map Act.

F. The City’s failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.

G. If City sues to compel Subdivider’s performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Required Improvements, Subdivider agrees to pay all reasonable attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.

18. Hold Harmless. Subdivider will indemnify, defend, and hold City, its elected and appointed officers, agents, and employees harmless from any and all liabilities, obligations, damages, costs, injuries, or claims arising from, or alleged to arise from, the performance of, or nonperformance of, this Agreement.

The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the City reviewed the improvement plans and specifications or accepted the Required Improvements as completed, and including the defense of any suit, action or other proceeding concerning these.

The actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to the Subdivider, contractor, subcontractor, or any officer, agent or employee of one or more of them. The indemnification in this section is not conditioned or dependent on whether or not the City has prepared, supplied, or reviewed any plan(s) or specification(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of the City.

19. Insurance Required. Subdivider shall procure and maintain or shall cause its contractor(s) to procure and maintain for the duration of the contract the insurance set forth in Exhibit B of this Agreement.

20. No Waiver by City. Inspecting of the work or materials, or approval of work or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work or materials, or payments thereof, or any combination of all of these acts shall not relieve Subdivider of its obligation to fulfill this Agreement; nor is the city by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.

21. Liability. Neither the City nor any of its officers, agents, or employees shall be liable to Subdivider, its contractor, subcontractors, officers, agents, or employees, for any error or omission, or any obligation whatsoever, arising out of or in connection with any work to be performed under this Agreement. The City, its elected or appointed officers, agents, and employees shall not be liable to the Subdivider or to any person, firm or corporation whatsoever, for any error or omission, or any obligation or liability whatsoever, arising out of or in connection with any work to be performed under this Agreement.

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22. Use and Maintenance of Improvements. Subdivider agrees that the use of any and all of the Required Improvements, for any person and by any person, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by City. Subdivider agrees to assume all maintenance responsibilities for the Required Improvements until final acceptance by City.

23. Title to Improvements. Title to and ownership of all Required Improvements shall vest in City for the Required Improvements.

24. Final Inspection, Certification and Acceptance. All of the Required Improvements must be completed prior to the final inspection. Notice in writing, requesting final inspection, shall be submitted to the City Engineer at least five days prior to the anticipated date of final inspection.

Upon the Subdivider’s satisfactory completion of the Required Improvements, the City Engineer shall certify that the Required Improvements have been satisfactorily completed, shall recommend acceptance of the Required Improvements by the City Council, and shall place the matter on the next available City Council agenda.

25. Time of Essence. Time is of the essence in this Agreement. The Required Improvements shall be completed within two years of the date of this Agreement. The City Engineer may extend the time for completion of Required Improvements hereunder, upon good cause being shown by the Subdivider. Any extension must be documented in an amendment to this Agreement. Any such extension may be granted without notice to the Subdivider's surety and any extension so granted shall not relieve surety's liability on the bonds.

26. Assignment of Contract. Neither this Agreement, nor any part of it, is assignable by Subdivider without the written consent of the City, not to be unreasonably withheld or delayed.

27. Subdivider Not Agent of City. Neither Subdivider nor its agents or contractors are agents of City in connection with the performance of Subdivider's obligations under this Agreement.

28. Notices. All notices required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. A party or the surety may change the address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

A. Notices to the City shall be addressed as follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
B. Notices to the Subdivider shall be addressed as follows:

2800 Campus POP Owner, LLC
2988 Campus POP Owner, LLC
c/o Harvest Properties, Inc
180 Grand Avenue, Suite 1400
Oakland, California 94610
Attention: Preston O’Connell & Tyler Issadore

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Phone: (510) 594-2050

C. Notices for the Subdivider's surety shall be sent to:

USI Insurance Services, LLC
1383 N. McDowell Blvd
Ste 170
Petaluma, CA 94954
Attn: Cathy Ronchelli-Pinney
Phone: (707) 779-1029

29. Heirs, Successors and Assigns. This Agreement shall be binding upon and inure, to the benefit of the heirs, successors and assigns of the parties.

30. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties.

31. Agreement Attaches to the Land and Recordation. This Agreement pertains to and runs with the real property described in Exhibit A. This Agreement binds the successors in interest of each of the parties to it until all the subdivision improvements have been completed and certified complete by the City of San Mateo. The City shall cause this Agreement to be recorded with the County Recorder and a copy will be provided to Subdivider.

32. Severability Clause. If any portion of this Agreement is adjudged invalid, its remaining provisions are not affected.

[SIGNATURES ON FOLLOWING PAGE]

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NON-CITY SIGNATURES TO BE NOTARIZED

IN WITNESS WHEREOF, CITY and SUBDIVIDER have executed this Agreement the day and year first above written.

“City”

CITY OF SAN MATEO

By:

Name: Matt Fabry
Its: Director of Public Works
“Subdivider”
2800 CAMPUS POP OWNER, LLC, a Delaware
limited liability company

By:

Name:

Its:

2988 CAMPUS POP OWNER, LLC, a Delaware
limited liability company

By:

Name:

Its:

APPROVED AS TO FORM

Mazarin Vakharia, Assistant City Attorney

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA |
COUNTY OF SAN MATEO |

On ________________________, before me, __________________________________, the undersigned Notary Public, personally appeared _____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signed by: ___________________________________
Notary Public, State of California

◊______________________________________________________________________________◊

ADDITIONAL OPTIONAL INFORMATION

INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e., certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. ● State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. ● Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed.
● The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). ● Print the name(s) of document signer(s) who personally appear at the time of notarization. ● Indicate the correct singular or plural forms by crossing off incorrect forms (i.e., he/she/they, is/are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ● The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form.
● Signature of the notary public must match the signature on file with the office of the county clerk.
♣ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.
♣ Indicate title or type of attached document, number of pages and date. ♣ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e., CEO, CFO, Secretary).
●Securely attach this document to the signed document

DESCRIPTION OF THE ATTACHED DOCUMENT
__________________________________________
(Title or description of attached document)

__________________________________________
(Title or description of attached document continued)

Number of Pages _____
Document Date __________
__________________________________________
(Additional information) CAPACITY CLAIMED BY THE SIGNER Individual (a)
Corporate Officer
(Title)
Partner(a)
Attorney-in-Fact
Trustee(s)
Other

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Exhibit A

DESCRIPTION OF PROPERTY

Real property in the City of San Mateo, County of San Mateo, State of California, described as follows:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN MATEO

IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:
2800 CAMPUS DRIVE PARCEL:

LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “PENINSULA OFFICE PARK, CITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIA”, FILED IN THE OFFICE OF

THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON OCTOBER 2, 1972 IN BOOK 78 OF MAPS AT PAGES 32 AND 33.
2988 CAMPUS DRIVE PARCEL:

LOT 1, AS SHOWN ON THAT CERTAIN MAP ENTITLED “PENINSULA OFFICE PARK, CITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIA”, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON OCTOBER 2, 1972 IN BOOK 78 OF MAPS AT PAGES 32 AND 33.

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Exhibit B

Insurance Requirements

City of San Mateo Insurance Requirements

CITY OF SAN MATEO

DEPARTMENT OF PUBLIC WORKS
330 West 20th Avenue
San Mateo, CA 94403
(650) 522-7300
(650) 522-7301 fax
_______________________________________________________________________________

Subdivider shall procure and maintain or shall cause its contractor(s) to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Subdivider, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.

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

Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non -owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.

Workers’ Compensation insurance 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.

Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

Self Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, the Subdivider shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Subdivider shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by

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either the named insured or Entity.

Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Subdivider 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 Subdivider’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Subdivider pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

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

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

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

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

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

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

Best rating of no less than A:VII if admitted in the State of California.

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

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copies of all required insurance policies, including endorsements required by these specifications, at any time.

Waiver of Subrogation
Subdivider hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Subdivider by virtue of the payment of any loss. Subdivider agrees to obtain any endorsement that may be necessary to affect 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.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subdivider, its employees, agents, and subcontractors.

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

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

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 25-9680 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 07, 2025
SUBJECT:

E 41st Place & Pacific Boulevard Trash Capture Project - Agreement RECOMMENDATION:

Approve an agreement with GSW Construction, Inc. for the E 41st Place and Pacific Boulevard Trash Capture project in the amount of $257,240; establish a contingency reserve in the amount of $51,400; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract documents and within the contingency amount.

BACKGROUND:

The E 41st Place and Pacific Boulevard Trash Capture project (Project) will install a trash capture device within an existing concrete channel located south of E 41st Place on Pacific Boulevard. The Project will support the City’s compliance with a San Francisco Bay Regional Water Quality Control Board’s (RWQCB) Municipal Regional Stormwater Permit (Permit). The Permit requires the City to reduce trash and litter discharge by 100 percent, relative to 2009 baseline values, by June 30, 2025.

In 2023, the City awarded the professional design services for the Project to Schaaf & Wheeler Consulting Civil Engineers (Schaaf & Wheeler). Schaaf & Wheeler subsequently prepared a bid package for construction of a trash capture device.

The engineer’s estimate which accompanied the bid package was $365,000.

The City advertised the project on January 23, 2025 and received and opened eight (8) bids on February 18, 2025. CEAU Co. DBA Castillon Company submitted the lowest bid to construct the project for a total price of $225,907; however, the bid package submitted by CEAU Co. DBA Castillon Company was determined to be not responsive. Subsequent review of the remaining bids showed that the next lowest bidder with a complete bid package was GSW Construction, Inc., with a total price of $257,240 to construct the project. Staff has determined GSW Construction, Inc. Is the lowest responsive, responsible bidder and recommends that GSW Construction, Inc. be awarded the Agreement. The bids received are listed below in order of increasing bid amount.

Contractor Grand Total Bid Amount
CEAU Co. DBA Castillon Company $225,907.00
GSW Construction, Inc. $257,240.00
W.R. Forde Associates, Inc. $273,121.00
Selway Construction $297,000.00
Golden Bay Construction, Inc. $345,480.00
Central Pacific Construction $347,970.40
Corcus Construction, Inc. $362,300.00

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CITY OF SAN MATEO
CF Contracting, Inc. $398,800.00

Staff believes there is moderate likelihood that unforeseen issues will arise during construction due to the requirement to divert water during construction and the limited work area. Accordingly, staff recommends a 20 percent contingency be established to address the moderate likelihood of unforeseen issues arising.

BUDGET IMPACT:

There are sufficient funds in the 41st Ave/Pacific Blvd Trash Capture project (#46C007) to fund this work in the amount of $257,240 and to establish a contingency reserve of $51,400.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement

STAFF CONTACT
Charlie Evans, Assistant Engineer
[email protected]
650-522-7320
James Yang, Acting Senior Engineer
[email protected]
650-522-7575

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AGREEMENT WITH GSW Construction, Inc.

FOR PUBLIC IMPROVEMENT
FOR
41ST PL & PACIFIC BLVD TRASH CAPTURE DEVICE PROJECT
CITY PROJECT NO. 46C007
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and GSW Construction, Inc., a corporation, with offices at 101 The Embarcadero, Suite 123, San Francisco, CA, 94105 (hereinafter called "Contractor"), entered into this day of ____________________.

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

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:
41st PL & PACIFIC BLVD TRASH CAPTURE DEVICE PROJECT
CITY PROJECT NO. 46C007

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of two hundred fifty seven thousand two hundred forty dollars ($257,240 in full payment for the work set forth above.

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

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendum Number 1 issued to the Contract Book, the APWA-AGC Standard Specifications for Public Works Construction, 2015 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

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

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

The precedence of the remaining contract documents will be as specified in the Contract Book.

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

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

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

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

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

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understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.

Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided: 1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any

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payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives.

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

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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and GSW Construction, Inc. 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 Jeffrey Ward
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney

CITY OF SAN MATEO
Date
Attachments:

Exhibit A: Insurance Requirements

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

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

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

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

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

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

5.Surety Bonds as described below.

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

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

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

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

Other Insurance Provisions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

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

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO APPROVE A PURCHASE

CONTRACT FOR THE PURCHASE OF AN ABOVEGROUND FUEL TANK AND FUELING EQUIPMENT WITH PETROLEUM MARKETING EQUIPMENT IN THE TOTAL AMOUNT OF $125,606.39 WHEREAS, the State Water Resources Control Board requires that the two 10,000-gallon underground storage tanks (USTs) located at the City’s Corporation Yard be taken out of operation by December 31, 2025 to reduce the chances of soil contamination as a result of not having secondary containment; and WHEREAS, the On-Site Fueling Station Replacement and Canopy Addition Project (Project) proposes to replace the USTs with an aboveground storage fuel tank (AST) and associated fueling appurtenances; and WHEREAS, due to the urgency of this project and the anticipated several-month lead time of the AST and fueling equipment, City Council is being asked to approve the purchase of the tank and fueling equipment using an alternative purchasing procedure per Municipal Code Section 3.60.070(h)(3); and WHEREAS, Municipal Code Section 3.60.070(h)(3) provides that the City may use any purchasing procedures approved by the City Council if the Council makes a finding concurrent with the award that the procedures are in the best interest of the City for that particular agreement.

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

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

2. In accordance with Municipal Code Section 3.60.070(h)(3), the purchase of an above ground fuel tank and fueling equipment from Petroleum Marketing Equipment $125,606.39 separate of the construction agreement and based on competitive quotes is in the City’s best interest due to:
a. The state’s upcoming deadline of December 31, 2025 to take the existing USTs out of operation by December 31, 2025.
b. The extensive procurement lead times for the aboveground fuel tank and fuel equipment. c. The potential hardship on the City in fueling gas-powered vehicles and equipment if the new aboveground fuel tank and fueling equipment is not in operation by December 31, 2025.

3. The purchase contract of an aboveground fuel tank and fueling equipment with Petroleum Marketing Equipment in an amount of $125,606.39 is approved.

4. A contingency amount of $13,000 is approved.

5. The Public Works Director is authorized to execute the purchase contract in substantially the form presented on behalf of the City and issue change orders within the contingency amount.

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PURCHASE CONTRACT

FOR ABOVE GROUND FUEL TANK AND FUELING EQUIPMENT

FROM PETROLEUM MARKETING EQUIMENT
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 PETROLEUM MARKETING EQUIMENT, a CORPORATION (“VENDOR”).

RECITALS:

A. CITY desires to purchase an above ground fuel tank and certain miscellaneous fueling equipment per attached quote (Exhibit A) hereinafter described.

B. CITY desires to engage VENDOR to provide this above ground fuel tank and fueling equipment components 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, 1949 Pacific Boulevard, 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.

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 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: Sydney Chow – Associate Engineer
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To VENDOR: PETROLEUM MARKETING EQUIPMENT
Attn: Don Petroni – President
232 COMMERCIAL STREET
SAN JOSE, CA 95122
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 PETROLEUM MARKETING EQUIPMENT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Matt Fabry
Public Works Director
Date Petroleum Marketing Equipment
Don Petroni
President
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date

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Exhibit A

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CITY OF SAN MATEO
ATTACHMENT 3

CONTRACT
This Public Works contract (“Contract”) is entered into by and between the City of San Mateo (“City”) and Armer Norman & Associates, Inc. (“Contractor”), for work on the On-Site Fueling Station Replacement and Canopy Addition Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Sealed Proposals, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On April 7, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of the Contract Book and all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions, also known as Supplementary General Conditions;

2.9 Project Plans and Specifications, also known as Project Plans and/or Technical Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents.

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $978,988 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 50 working days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions and Section

1.3(c) of the Supplementary General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $3,500 per day, pursuant to Section 8-1.10A of the 2018 Caltrans Standard Specifications, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

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7.Labor Code and City Minimum Wage Compliance. 7.1General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.7.3DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.7.4Minimum Wage. Bidder agrees to comply with the City’s minimum wage ordinance as codified in San Mateo Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator. Contractor and its Subcontractors are required to pay the higher of the currently applicable state prevailing wage rates or City minimum wage.8.Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.10.Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.11.Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:City:City of San MateoPublic Works Department330 West 20th Ave.San Mateo, CA 94403Phone: (650)522-7300Attn: Stephanie Piñon, Senior EngineerEmail: [email protected]:Armer Norman & Associates, Inc.2600 Williams Street, San Leandro CA 94577

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Phone: (925)671-9200Attn: Brett NormanEmail: [email protected] Provisions.12.1Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.12.2Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.12.3Governing Law and Venue. This Contract will be governed by California law and venue will be in the San Mateo County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of San Mateo County, California.12.4Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.12.5Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.12.6Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.12.7Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.12.8Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.[Signatures are on the following page.]

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 25-9726 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 07, 2025
SUBJECT:

On-Site Fueling Station Replacement and Canopy Addition – Purchase and Construction Contracts RECOMMENDATION:

BACKGROUND:

There are two 10,000-gallon underground storage tanks (USTs) located at the City’s Corporation Yard (1949 Pacific Blvd.) that store and distribute unleaded gasoline to 168 City vehicles and 10 pieces of equipment. The USTs are single-walled and were installed in 1967. The State Water Resources Control Board requires that these types of tanks be taken out of operation by December 31, 2025, to reduce the chances of soil contamination as a result of not having secondary containment. The On-Site Fueling Station Replacement and Canopy Addition Project (Project) proposes to install one 10,000-gallon aboveground storage tank (AST) and associated fueling appurtenances, including dispensers, fuel management system, bollards, canopy, and monitoring systems, then to remove and dispose two existing 10,000-gallon USTs and associated fueling system and appurtenances. The cavity will be backfilled with clean fill and the surface will be restored.

In 2023, the City awarded the professional design services for the Project to Robertson Engineering, Inc. (Robertson).

Robertson subsequently prepared a bid package for the Project. The engineer’s estimates were $150,000 and $825,000 for the tank/fueling equipment purchase and construction, respectively.

Purchase Contract with Petroleum Marketing Equipment
Originally, the procurement of the AST and fueling equipment was anticipated to be a part of the construction contract.

Due to the urgency of this Project and the anticipated several-month lead times of the AST and fueling equipment, staff recommends purchasing the equipment separately. If the contractor procures the materials, it will add several months to the Project schedule potentially pushing the completion date past the state UST closure deadline of December 31, 2025.

This would cause the City extreme hardship in fueling gas-powered vehicles and equipment as the existing USTs would be red-tagged and not allowed to be operated.

Pursuant to San Mateo Municipal Code Section 3.60.070(h)(3), the City may use any purchasing procedure approved by the City Council if the City Council makes a finding concurrent with the award of the contract that the procedures are in

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the best interest of the City. Here, the solicitation of direct quotes, rather than a formal bid process, is in the best interest of the City because it significantly reduces the lead time needed prior to constructing the project and putting the new AST fueling station into service so that the City can meet the December 31, 2025 UST closure deadline.

On January 28, 2025, the City solicited quotes to procure the AST and fueling equipment from three vendors: Northwest Pump, Shields Harper & Co., and Petroleum Marketing Equipment. Quotes were due on February 20, 2025, and a total of two (2) quotes were received. The quotes received are listed below in order of increasing amounts.

Contractor Total Bid Amount
Petroleum Marketing Equipment $125,606.39
Shields Harper & Co. $145,609.17
After review of quotes, staff recommends purchasing equipment from Petroleum Marketing Equipment, Inc.

Agreement with Armer Norman & Associates, Inc.

The project was advertised on January 30, 2025, and a total of four (4) bids were received and opened on February 27, 2025. The bids received are listed below in order of increasing bid amount.

Contractor Total Bid Amount
Armer Norman & Associates, Inc. $978,988
GEMS Environmental Services, Inc. $1,100,089
CIC $1,153,086
Savidge Construction, Inc. $1,462,120

After review of bid documents, staff determined that Armer Norman & Associates, Inc. is the lowest responsive, responsible bidder. Therefore, staff recommends Armer Norman & Associates, Inc. be awarded this construction contract.

Based on the above, staff recommends for the City Council to adopt a Resolution approving an alternative purchasing procedure for a purchase contract with Petroleum Marketing Equipment in the amount of $125,606.39, and establish a contingency reserve of $13,000, and to approve a construction contract with Armer Norman & Associates, Inc. in the amount of $978,988.00, and establish a contingency reserve in the amount of $150,000.00.

BUDGET IMPACT:

There are sufficient funds in the Corp Yard Underground Tank Replacement project (Project No. 46f013) to fund these agreements with Armer Norman & Associates, Inc. and Petroleum Marketing Equipment in the amounts of $978,988.00 and $125,606.39, respectively, and to establish contingency reserves of $150,000 and $13,000, respectively, for a total of $1,267,594.39.

ENVIRONMENTAL DETERMINATION:

This project is categorically exempt from CEQA, because it consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and involves no expansion of capacity. (CEQA Guidelines Section 15302.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Purchase Contract (Petroleum Marketing Equipment)

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Att 3 – Construction Contract (Armer Norman & Associates, Inc.)

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

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 25-9747 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 07, 2025
SUBJECT:

Citywide Small Trash Capture Project – Contingency Reserve Increase RECOMMENDATION:

Approve a contingency reserve increase in the amount of $325,000 for the construction agreement with United Storm Water, Inc. for the Citywide Small Trash Capture Project, revising the original contingency reserve from $105,000 to $430,000; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The San Francisco Bay Regional Water Quality Control Board (Regional Board) has mandated the City reduce trash discharged to the San Francisco Bay through the City’s storm drain system based on a 2009 baseline trash generation rate.

The permit requires a 100 percent reduction in trash, relative to the 2009 baseline values, by June 30, 2025.

The Citywide Small Trash Capture Project (Project), currently under construction via a construction agreement with United Storm Water, Inc., will result in the City achieving approximately 90 percent reduction in trash discharge by installing around 370 small trash capture devices within the storm drainage system. The remaining 10 percent trash reduction will be achieved through a combination of a separate large capture device at 41st Ave/Pacific Blvd and approximately 85 additional small trash capture devices. The construction contract for the large capture device is presented separately for Council consideration on this same April 7, 2025, meeting agenda.

Due to the upcoming State deadline and the similarity in scope, it is in the City’s best interest to have United Storm Water, Inc. install the 85 additional small trash capture devices under the existing agreement to prevent delays. The existing contract was originally awarded to the lowest responsive, responsible bidder through a formal sealed bid process, and the scope of work is identical to the original contract. In addition, United Storm Water, Inc. has agreed to keep the same unit pricing for the additional devices. Failure to comply with trash reduction targets can result in enforcement actions or fines from the Regional Water Quality Control Board. Based on these considerations, staff recommends for Council to authorize additional contingency funds for the Project.

To date, approximately $1,742 of the original $105,000 contingency reserve has been used to issue negotiated change orders. To mitigate risks associated with potential delays, streamline procurements, and to provide flexibility for staff to negotiate and execute contract change orders in a timely manner, staff recommends increasing the contingency reserve by $325,000, for a new total of $430,000 to address the anticipated change order(s) necessary to complete the project.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Small Trash Capture Project (46C001) project budget to fund this contingency increase.

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ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Charlie Evans, Assistant Engineer
[email protected]
650-522-7320
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315

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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-4677 File ID: 25-9748 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 07, 2025
SUBJECT:

Marina Lagoon Vegetation and Water Quality Management — Agreement RECOMMENDATION:

Approve a three-year agreement with Waterworks Industries, Inc. for Marina Lagoon Vegetation and Water Quality Management in the amount of $1,552,009, with two one-year options to extend, for a total potential amount not to exceed $2,662,963; approve a contingency reserve in the amount of $80,000; and authorize the Public Works Director to execute the agreement in substantially the form presented, to execute each optional one-year extension to the agreement, and sign change orders within the contingency reserve.

BACKGROUND:

The City uses professional services to provide vegetation control and water quality management of the Marina Lagoon.

The work includes control of nuisance plant growth, monitoring, and reporting and relies on the professional expertise of the consultant to formulate an effective control strategy compliant with water quality regulations. The aquatic nuisance growth season typically extends from April through September each year with winter storm clean-up requiring additional work. Waterworks Industries (Waterworks) has provided these services for the past 5 years. The agreement with Waterworks for the management of the Marina Lagoon expired February 5, 2025.

A Request for Proposals (RFP) was issued on January 9, 2025. In addition to the published notice, the RFP was posted on the City website and provided to interested parties. The RFP required each consultant to provide a detailed plan for management of the lagoon including an integrated control strategy (i.e., chemical and mechanical control methods), personnel and machinery dedicated to the plan, monitoring and reporting tasks, and a cost for the proposed control plan.

Staff received and reviewed proposals from 1) Solitude Lake Management and 2) Waterworks. Based on professional experience, proposal quality, demonstration of technical knowledge, and robustness of the proposed work plan, staff recommends awarding the agreement to Waterworks. Additionally, Waterworks’ proposal anticipated the regulatory requirement for a new aquatic pesticide permit in 2026, demonstrating a proactive understanding of lagoon vegetation management permitting.

BUDGET IMPACT:

Sufficient funding for Year 1 of this agreement is budgeted in the adopted Marina Lagoon program operating budget. The agreement includes a three-year term with two optional one-year extensions. The first year of the agreement term is $500,828, with subsequent years of the agreement eligible for an annual CPI increase of 3 percent, beginning in Year 2.

The annual cost breakdown is as follows:

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Year 1 $500,828
Year 2 $519,853 (includes a one-time $4,000 cost for a new permit) Year 3 $531,328
Year 4 $547,268 (optional extension)
Year 5 $563,686 (optional extension)
Total: $2,662,963
A contingency reserve in the amount of $80,000 is recommended to address any unforeseen costs. Sufficient funding for both Year 1 of the agreement and the $80,000 contingency is budgeted in the adopted Marina Lagoon program operating budget. Subsequent operating budgets will be proposed commensurate with future year costs.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement

STAFF CONTACT
Sven Edlund, Regulatory Compliance Manager
[email protected]
650-522-7296

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9 AGREEMENT WITH WATERWORKS INDUSTRIES, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

MARINA LAGOON VEGETATION AND WATER QUALITY MANAGEMENT
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 WATERWORKS INDUSTRIES, INC. a Corporation (“CONSULTANT”), whose address is 930 Shiloh Rd. Bldg 38, Ste. D, Windsor, CA 95492.

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 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.

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.

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.

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9 SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of this Agreement and be completed March 31, 2028, with up to two (2) optional one-year extensions by the CITY.

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 fee in an amount not to exceed $1,552,009, with a total potential agreement in the amount of of $2,662,963 if both of the two (2) optional one-year extensions are exercised, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

Rates stated in Exhibit B are eligible for an annual consumer price index (CPI) increase of 3% beginning with Year 2 as follows: Year 1 = $500,828, Year 2 = $519,853, Year 3 = $531,328, Year 4 = $547,268, and Year 5 = $563,686. Note: Year 2 includes a one-time cost of $4,000 not subject to the CPI increase.

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.

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9 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.

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

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 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.

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

SECTION 16 - 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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9 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: Matt Fabry
City of San Mateo
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Waterworks Industries, Inc.

Attn: Rich Carnation
930 Shiloh Rd. Bldg 38, Ste. D
Windsor, CA 95492
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.

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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9 IN WITNESS WHEREOF, CITY OF SAN MATEO and WATERWORKS INDUSTRIES, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director Public Works
Date Rich Carnation
Its Authorized Agent
President
Date

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

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

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9 EXHIBIT A

SCOPE OF SERVICES
Waterworks Industries, Inc. using subcontractor Blankinship, a Bowman Company, (“the Contractor”), will be responsible for water quality monitoring and regulatory compliance with the California State Water Resources Control Board (SWRCB) Aquatic Weed National Pollutant Discharge Elimination System Permit (“Permit”) and the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement No. 1600-2013-0268-R3 for Routine Maintenance Activities (“Agreement”) for the City of San Mateo (“City”) as described below.

Routine Inspection and Ambient Monitoring

The Contractor will perform regular surveys and inspections of the lagoon at a minimum of once per week from April 1st – September 30th in which the entire lagoon will be surveyed for aquatic weed and algae growth using either aquatic plant mapping software and/or physical grab samples.

The Contractor will perform more frequent inspections and monitoring contingent upon the duration and intensity of nuisance growth in the lagoon. Visual inspections of water quality and indicators of pollution (oil sheen, color, scum, etc.) will be performed during these inspections and will be recorded on weekly monitoring and service forms.

During the scheduled weekly visits, the Contractor will inspect the entire lagoon for trash and debris in the water and along the banks. All trash will be removed using hand labor and approved equipment. If larger debris is present in the lagoon the Contractor will utilize their boat mounted crane or mobilize a multipurpose aquatic vessels for the removal. Material that is removed from the lagoon will be sorted and recycled into the appropriate recycling class at the designated staging and offloading area.

Mechanical Control Methods

If the Contractor identifies that an area has reached the threshold sparse (0-25% cover), moderate (>25-50% cover), dense (>50-75% cover), or very dense (>75-100% cover), for needing mechanical aquatic weed control they will notify the City of San Mateo and advise which mechanical control method should be used such as harvesting including how many harvesters will be needed.

If the City of San Mateo approves the recommended mechanical control with harvesters, the Contractor will provide skilled staff and state of the art equipment which features Tier 4 and 4i diesel engines to comply with current EPA and California emissions requirements as well as utilization of Bioflo, a Hydraulic fluid specifically classified as an environmentally acceptable lubricant (EAL) per the EPA’s 2013 US Vessel General Permit (VGP) for use in hydraulic systems for equipment that operates on water system.

The Contractor will provide all other materials required to perform work safely and in a timely manner, pursuant to local, state and federal laws, and in accordance with the City’s Aquatic Pesticides Application Plan (APAP) and CDFW Agreement. If mechanical harvesting does occur on the lagoon it is understood that the aquatic vegetation as well as any floating material collected

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9 at public beaches, private dock areas, and along shorelines can be stockpiled in a location designated by the City of San Mateo so that it can dry out and then be hauled off for disposal. If the City of San Mateo elects to haul off the wet and heavier material straight to the transfer station, the Contractor will provide the equipment to perform that option.

As required by the CDFW Agreement and described below, pre-harvesting nesting bird surveys will occur if harvesting occurs during the nesting bird season. Survey results will be reported to CDFW prior to initiation of harvesting in case any active nest buffer areas are needed. The Contractor will keep daily records of any mechanical work performed on the lagoon to help the City document the types, quantities, and locations of the various mechanical control methods employed.

CDFW Agreement Support

The Contractor will provide a qualified biologist and/or biological monitor on an as-needed basis to conduct nesting bird surveys and establish protective buffer areas around active nests to minimize impacts of project activities to nesting birds found in and around Marina Lagoon.

Nesting bird surveys will be conducted no more than 15 days prior to commencement of aquatic vegetation harvesting during the nesting bird season. Per the City’s CDFW Agreement, nesting bird season is defined as March 15 to August 30 for small bird species, and February 15 to September 15 for raptors.

The Contractor will consult with CDFW and United States Fish and Wildlife Service, as appropriate, if active nests are encountered in areas that may be affected by project activities.

Active nest buffers consistent with Section 2.22 of the Agreement will be established and nests will be monitored until project activities are complete or the young have fledged.

Aquatic Herbicide And Algaecide Treatments

Following routine lagoon inspections, the Contractor will notify the City of San Mateo of the need for a widgeon grass or algae treatment.

Following approval and proper public notice, the Contractor will perform imazamox treatments in designated areas as soon as the widgeon grass reaches a threshold of eight (8”) to twelve (12”) inches off the lagoon bottom in the spring. It is anticipated that a second treatment in late May to June will be necessary to meet management objectives. For the rest of the season, the Contractor would determine if aquatic weeds and or algae are reaching threshold levels that would trigger harvesting or an additional aquatic herbicide application. If this threshold is met, the Contractor will notify the City of San Mateo of the need for a treatment. Following approval and proper public notice these treatments would be performed.

Algae growth will be evaluated weekly. Reports of undesirable algae or vegetation from residents to the City will be investigated by the Contractor. If the density of algae is at or above a threshold impacting the beneficial uses of the lagoon, a treatment will be considered. Following approval and proper public notice, algae would be treated with products containing the active ingredients Sodium Carbonate Peroxyhydrate, Hydrogen Dioxide and/or Peroxyacetic Acid.

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9 Regulatory Compliance

The Contractor will use one application vessels based on the size and location of the treatment needed. The Contractor will fill out the designated forms to keep records of all treatments performed on the lagoon which will be used for record keeping and Permit compliance.

Kickoff and Planning Meeting

At least 15 days prior to the first use of aquatic herbicides in a calendar year, the City must notify potentially affected public agencies with a statement of the intent to apply algaecides and/or aquatic herbicides. Prior to the aquatic weed control season, the Contractor will assist the City with public notification requirements. This includes, but is not limited to, identifying potentially affected public agencies and providing guidance on which herbicides to identify in the notice, the purpose of their use, the time period and locations of expected use, and water use restrictions and/or precautions for the use of those materials.

The Contractor will meet with representatives from the City to discuss the applications planned for the Permit year and what changes, if any, are made to how algae and/or aquatic vegetation will be managed.

Sample Collection and Analysis

Based on the City’s APAP and NOI and historic application data, the Contractor will collect and submit for analysis appropriate surface water samples collected before (Pre-Application), during (Application) and after the application (Post-Application) according to Permit requirements. Pre- Application samples will be taken up to 24 hours before the start of treatment from within the treatment area. For full-lagoon applications, application samples will only be taken if water is leaving the system and will be collected from the receiving water near the point of discharge. For partial-lagoon applications, application samples will be taken directly outside of the treatment area. Post-application samples will be taken up to 7 days after the application has been deemed complete and will be collected from within the treatment area.

To avoid cross-contamination, different intermediate sampling containers will be used for each sample collected and any equipment that makes contact with a water body during sampling will be cleaned using a phosphate-free detergent product (e.g. Liquinox). Should there be any copper treatments, copper samples taken for the purpose of analyzing dissolved copper would be field filtered using a 0.45 micron luer lock filter before being preserved in nitric acid. During or shortly after sample collection, the Contractor will perform necessary field chemistry analysis (pH, electrical conductivity (EC), dissolved oxygen (DO) and turbidity) and submit properly preserved and labeled samples under chain of custody procedures to a qualified analytical laboratory for chemical analysis.

The Contractor will ensure that water quality monitoring instruments are regularly serviced, maintained, calibrated, and verified against calibration standards to measure all the Permit- required parameters accurately and precisely. The Contractor will maintain a log of all calibration results and archive those records for a minimum of three years. The Contractor’s staff will be trained in the use and maintenance of these instruments and be able to identify measurement errors

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9 and troubleshoot equipment in the field. Evidence of training records will be provided to the City upon request. When in the field, the Contractor will carry spare parts and replacements as a redundancy to reduce the possibility of missing a field measurement.

When conducting water tests the Contractor will use a variety of sampling equipment, including long-arm sampling poles, Van Dorn collectors, and peristaltic pumps that allow collection of samples from sites with difficult access. Additionally, the Contractor may need to deploy kayaks and/or a motorized boat to collect water samples from Marina Lagoon. The Contractor’s staff will be trained in clean sampling techniques and proper sampling handling to minimize the chance of inadvertent contamination. Evidence of training records will be provided to the City upon request.

The Contractor will recommend herbicide applications (number of applications and type of aquatic pesticide) to manage vegetation in the Marina Lagoon. Herbicide applications, including, but not limited to, types of chemicals used and sampling frequency, will be made in conformance with Permit requirements.

Field and Analytical Laboratory Data Compilation, Review, and Reporting

The Contractor will collect and manage data originating from the Contractor’s herbicide applications, sampling personnel, and analytical laboratory reports.

As described in the City’s APAP, several time-specific reporting requirements exist in the event of noncompliance with the permit. The Contractor will perform a timely review of applicable data and documentation and inform you of a potential or actual non-compliance circumstances, if any.

If a potential or actual noncompliance circumstance arises, the Contractor will contact the City as soon as possible to discuss options and reporting. As needed, the Contractor will prepare and complete Twenty-Four-Hour Reports and/or Five Day Written Reports to determine potential non- compliance situations, and will use the following Receiving Water Limitations as a reference:

Analyte
Receiving Water Limitation
(“speed limit” in ug/L) Notes
Diquat 20 MUN beneficial use, not applicable to
Marina Lagoon
Imazamox None USEPA Reduced Risk Pesticide, no RWL
Hydrogen Dioxide & Peroxyacetic
Acid None
Sodium Carbonate Peroxyhydrate None
Dissolved oxygen must be maintained
above 5.0 mg/L

Herbicide Application Information Collection, Review, and Annual Report Preparation

Based on the activity from the above tasks, the Contractor will compile analytical laboratory, field observation, and herbicide application data and prepare the required tables and text for the City’s draft annual report. After the City’s review of the draft report and incorporation of edits, the Contractor will submit a final annual report to the SWRCB and Regional Water Quality Control Board (RWQCB) on the City’s behalf.

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9 Permit Negotiation

The current iteration of the permit became active on
December 1, 2013, and was set to expire on November 30, 2018 but was administratively continued. Consequently,
the 2013 permit is still active and enforceable. SWRCB
staff is in the process of drafting a new permit now and anticipate sharing a draft for public comment in late 2025.

The Contractor will support the City in permit negotiations with the SWRCB.

NOI and APAP Preparation for Submittal for Coverage
under the Permit (Anticipated in 2026)

To obtain coverage under the new permit, the Contractor will review the City’s existing information relative to the Permit requirements and draft a Notice of Intent (NOI) and Aquatic Pesticide Application Plan (APAP) for coverage under the pending new Permit. After City staff has reviewed the documents, the Contractor will submit the NOI and APAP to the SWRCB.

Project Equipment

A minimum of one harvester will be dedicated to Marina Lagoon at all times for the duration of the nuisance growth season. This unit shall be on shore and ready to launch at all times for the duration of the plant growth season.

The Contractor’s maximum response time for mobilization of harvesting, rotovation, transport, spray and shoreline support equipment will be 48 hours.

If any equipment listed below goes out of working order, the Contractor will replace it within twenty-four (24) hours to ensure continual service, particularly during the high plant growth period.

All equipment will have proper identification and licensing required by law and will be cleaned, drained and dried to ensure no invasive species are being introduced into the lagoon.

Beach Maintenance

The Contractor will provide weekly cleaning and maintenance of the sand beaches of Lakeshore and Aquatic Parks and understands that the goal of this cleaning will be to reduce the presence of coliform bacteria by preventing the accumulation of algae and debris and other material that can harbor these pathogens.

Cleanup Events

The Contractor will provide all equipment, staff, and experience to mobilize and address post- storm or non-routine cleanup events as requested to remove debris and litter. This will include inspecting and removing litter and debris collected at the trash boom downstream from Laurel Creek.

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9 Communication and Coordination
The Contractor will be in regular contact with City of San Mateo staff to ensure that the City is always aware and up to date on work being performed on the lagoon. The Contractor will also be available and in contact with other City service providers and the public in connection with the lagoon and any work being performed that has the potential to involve or impact them.

The Contractor will be on call 24 hours a day and will have at least one person available at all times.

If requested, the Contractor will make public appearances to City, Homeowners Association, and residents group meetings to inform and answer questions regarding the Lagoon and its management.

Phone calls from residents are at no additional cost, provided the residents are referred from City of San Mateo staff.

Complaint Resolution Protocol

If there is dissatisfaction from the Marina Lagoon residents or the staff at the City of San Mateo with regards to the Contractor’s performance of the Lagoon Management Services, the City will notify the Contractor by phone. The Contractor will respond back immediately to City of San Mateo staff by phone, as well as with an email confirmation of this dissatisfaction, noting the resolution programs to be implemented.

Project Schedule

*Month April May June July August September
Monitoring and inspection visits 4 4 5 4 4 5
Water Quality Monitoring X X X X X X
Aquatic Weed and Algae Treatments X X X X X X
Trash and Debris Removal X X X X X X

a. April 2 – Provide a copy of pest control recommendations. b. Daily – Complete daily work reports for inspections, physical activities and chemical treatments, that clearly describes areas where work was conducted, types and amounts of aquatic pesticide(s) used at each application event, types and extent of physical activities conducted and amount and types of debris removed, and water quality observations. c. Weekly – Each Monday during plant nuisance season, report on budget status, general observations on nuisance growth, and the tentative action plan for the remainder of the week. d. Monthly, by the 10th – Provide copies of daily work reports for the previous month, and provide a summary of the number of treatments, and types and quantities of pesticides applied using the DPR monthly summary pesticide use report.
e. September 30 – In not more than 2 pages, provide a description of the season’s work, including a discussion of what worked and what did not, and suggest recommendations for the next season. f. Prepare the annual report for the Regional Water Quality Control Board (RWQCB) describing the pesticide monitoring program and its findings.

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9 EXHIBIT B

FEE RATES

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9 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.

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).

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.

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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.

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.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 25-9753 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 07, 2025
SUBJECT:

Gateway Park Pedestrian Bridge Replacement Project – Bid Rejection RECOMMENDATION:

Adopt a Resolution to reject all bids received for the Gateway Park Pedestrian Bridge Replacement Project.

BACKGROUND:

The Gateway Park Pedestrian Bridge, located in the City’s Gateway Park was constructed in 1990 and is 35 years old.

Gateway Park serves the downtown and North Central communities as it is located at the corner of 2nd Avenue and S.

Grant Street. The pedestrian bridge consists of steel tube trusses, spanning over 75 feet over San Mateo Creek with concrete footings on either end. Preliminary inspections and evaluation of the steel superstructure of the bridge have indicated signs of deterioration and corrosion, further demonstrating that the bridge requires replacement. To address this, City staff developed the Gateway Park Pedestrian Bridge Replacement Project (Project) to replace the bridge structure and address Americans with Disabilities Act (ADA) compliance issues at the bridge approaches.

Biggs Cardosa Associates, Inc. (BCA) was awarded an agreement in March 2024 to design the Project and completed design in January 2025. The design included an additive bid item to galvanize the bridge in addition to a three-layer paint system.

The Engineer’s estimate for the base bid was $420,000 and $34,000 for the additive bid item for a total estimate of $454,000.

In accordance with Municipal Code Section 3.60.030, a competitive public process was used to obtain bids for the Project.

A notice inviting sealed proposals was issued to advertise the Project on January 9, 2025. On the February 6, 2025, bid opening date, six (6) bids were received. Per the requirements specified in the Contract Book, bids were compared based on the total bid amount, which includes the Base Bid plus Additive Bid Item A.

Contractor Base Bid Amount Additive Bid Item A Total Bid Amount Globe Engineering Development $428,100.00 $30,000.00 $458,100.00 Corcus Construction $486,225.00 ($15,650.00) $470,575.00 GSW Construction, Inc. $455,210.00 $25,600.00 $480,810.00 Central Pacific Engineering $597,170.00 $45,000.00 $642,170.00 WR Forde Associates, Inc. $627,100.00 $30,000.00 $657,100.00 Valentine Corporation $633,639.00 $34,000.00 $667,369.00 Prior to bidding the Project, BCA reached out to bridge manufacturers to determine the current lead time in procuring a prefabricated steel truss bridge of this size. At the time, the Project team determined a conservative lead time of 20 weeks and that there would be sufficient time to onboard a contractor, prepare and review submittals/shop drawings, and

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fabricate/deliver/install the bridge within the calendar year’s in-water work window of May 27 to October 31 stipulated by the Project’s Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW). This work window is to minimize adverse impacts to sensitive species near San Mateo Creek.

Upon receiving bids, staff reached out to the lowest bidder’s bridge manufacturer to confirm current fabrication lead times. Unfortunately, lead times have increased, and the bridge manufacturer indicated it would take approximately 23-31 weeks for bridge delivery to the Project site. An additional four to six weeks of time would be required for City review of the submittals and shop drawings to verify what is being installed matches the approved plans, design criteria, and Project specifications. Therefore, the estimated bridge delivery is anticipated in December, which would result in the City being out of compliance with the required work window from its CDFW permit.

Therefore, due to schedule constraints, staff recommends rejecting all bids pursuant to San Mateo Municipal Code section

3.60.040(a)(4). City staff will readvertise the Project in Summer 2025 to allow for adequate time for bridge procurement, and the project will start construction in Summer 2026 to complete installation of the bridge within CDFW’s required work window.

BUDGET IMPACT:

While there is no direct budget impact for the rejection of bids, rebidding the project in the future may result in increased project costs, especially relative to concerns for federal action on tariffs, such as in regard to steel. Staff anticipates this could increase direct costs for the bridge by approximately $50,000.

ENVIRONMENTAL DETERMINATION:

This action by the City Council to reject all bids for the Gateway Park Pedestrian Bridge Replacement Project is not a project subject to CEQA, because CEQA does not apply to projects which are rejected or disapproved. (CEQA Guidelines Section 15270).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution

STAFF CONTACT
Karen Cornejo, Assistant Engineer
[email protected]
(650) 522-7576
Stephanie Piñon, Senior Engineer
[email protected]
650-522-7315

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8 CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

REJECTING ALL BIDS FOR THEGATEWAY PARK PEDESTRIAN BRIDGE REPLACEMENT PROJECT WHEREAS, work began on the design phase of the Gateway Park Pedestrian Bridge Replacement Project (Project) in March 2024, which includes replacement of the pedestrian bridge structure and addresses American with Disabilities Act compliance issues at the bridge approaches; and WHEREAS, the City advertised the Project on January 9, 2025 in accordance with Section 3.60.040 of the Municipal Code; and
WHEREAS, on the February 6, 2025 bid opening date, six (6) bids were received; and WHEREAS, the Project cannot move forward this calendar year due to current bridge procurement lead times and environmental in-water work window deadlines; and WHEREAS, pursuant to San Mateo Municipal Code section 3.60.040(a)(4), the City Council, at its discretion, may reject all bids received; and
WHEREAS, staff recommends for the City Council to reject all bids which will allow the City to readvertise the Project in Summer 2025 to meet the procurement lead times and environmental in-water work window deadlines.

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

1. This council action is not a project subject to CEQA, because CEQA does not apply to projects which are rejected or disapproved. The proposed action is to reject all bids and readvertise the Project in Summer 2025. If a lowest responsive, responsible bidder is determined in Summer 2025, then the Project will be subject to future Council consideration and CEQA review. (CEQA Guidelines Section 15270.)

2. In accordance with the provisions of San Mateo Municipal Code Section 3.60.040(a)(4), all bids for the Gateway Park Pedestrian Bridge Replacement Project are rejected.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 10-2011 File ID: 25-9761 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Finance Department
MEETING DATE: April 07, 2025
SUBJECT:

Enterprise Resource Planning Support Service - Agreement RECOMMENDATION:

Approve a new Statement of Work to the master services agreement with Collaborative Solutions, LLC for Enterprise Resource Planning Support Service (ERP) post-production support services in the amount of $242,000 and authorize the City Manager to approve the Statement of Work in substantially the form presented.

BACKGROUND:

In February 2022, the City Council awarded a contract to Collaborative Solutions, LLC in the amount of $2,527,160 as part of the enterprise resource planning (ERP) system replacement project. Collaborative Solutions, LLC is now known as Cognizant. Following the approval of the original agreement, the City Council has approved several change orders for implementation services as part of the Cognizant master services agreement. This was due to delays with the testing stage, staff and consultant turnover, time needed to address the complex human resources and payroll calculations needed for City and San Mateo Consolidated Fire employees, and the Project re-planning activities. The City Council approved the last implementation change order for Cognizant, Change Order No. 8, at the January 21, 2025, City Council meeting which brought the total contract with Cognizant to $4,739,292.

The Workday ERP supports the City’s core administrative functions of Human Capital Management (HCM), Payroll, and Core Financials. The ERP implementation has occurred in phases. Phase 1 covered Core Financials, began in March 2022, and went live on November 1, 2022. Phase 2 began in October 2022 and covers HCM and Payroll. The Plan, Architect, Configure, Test, and Deployment Stages of Phase 2 have now been completed, and the City and San Mateo Consolidated Fire went live on March 16, 2024.

At this time, City staff recommends adding a new Statement of Work to the contract with Cognizant to provide post- production support (Lean-On Support Services). With the deployment stage of Workday complete, the implementation support phase will come to an end on April 11, 2025. A new Statement of Work with Cognizant will allow the City to access the resources of the Cognizant consultants on an hourly basis to help troubleshoot and fix any post-production issues with HCM, Payroll and Core Financials. This allows City staff to have direct access to support from the same consultants that helped configure the system. The contract also allows for continued knowledge transfer on Workday functionality to City staff with the goal of reducing the City’s reliance on Cognizant’s support services. The master services agreement with Cognizant allows for this new Statement of Work which will cost $242,000 over two years and will bring the overall Cognizant contract to $4,981,292.

BUDGET IMPACT:

There is no fiscal impact to adding this new Statement of Work. The Finance Department budgeted for the first year of Workday post-production support in their FY 24-25 operating budget. The cost for the second year of the contract will be

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included in the FY 25-26 operating budget for the Finance Department.

ENVIRONMENTAL DETERMINATION:

The Collaborative Solutions new Statement of Work 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 – Statement of Work - Workday Lean-On Support Services

STAFF CONTACT
Abby Veeser, Deputy Director of Finance
[email protected]
(650) 522-7102

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This SOW is proprietary and confidential to Collaborative Solutions, LLC. 1 Preparation Date: March 4, 2025
Statement of Work
Workday Lean-On Services Support
Prepared For:

City of San Mateo

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City of San Mateo and Collaborative Solutions, LLC Statement of Work April 21, 2025 This SOW is proprietary and confidential to Collaborative Solutions, LLC. 2

STATEMENT OF WORK
FOR

WORKDAY LEAN-ON SERVICES SUPPORT
This Statement of Work (“SOW”) is made effective on the 21st day of April 2025 (the “SOW Effective Date”) by and between City of San Mateo, a municipal corporation (“Client”), having its principal place of business at 330 West 20th Avenue, San Mateo, CA 94403 and Collaborative Solutions, LLC, a limited liability company (“CSLLC”), an Affiliate of Cognizant Worldwide Limited (“Cognizant”), having its principal place of business at 300 Frank W Burr Boulevard, Suite 36, 6th Floor, Teaneck, NJ 07666 for Services scheduled to begin on April 21, 2025 (“Start Date”) and expected to end on April 30, 2027.

This SOW, together with the Agreement, sets out the terms pursuant to which CSLLC will provide certain Services, as further described below. This SOW is being entered into in connection with and subject to the terms and conditions contained in the Master Services Agreement by and between Cognizant and Client dated as of February 1, 2022 (the “Agreement”). All capitalized terms used herein that are not otherwise defined shall have the same meaning as ascribed to such terms in the Agreement.

1.0 Scope of Work (“Scope”) for Consulting Services

1.1 Functionality Scope: Workday On-Demand Services Support CSLLC will provide support or advisory Services for both planned and unplanned tasks, such as those representative activities listed in the table below, on behalf of Client and covering the generally available Workday functionality license.

Activity Functionality Scope/Support Activity Detail
Workday Support and
Troubleshooting
Assistance with support activities may include, but is not limited to, troubleshooting issues, guidance and other day-to-day activities including assisting the team with support requests.

New Functionality Review CSLLC reviews new features and functions not yet implemented. CSLLC assists with new functionality reviews, which may include, but are not limited to, support and guidance for making decisions regarding the implementation of new functionality, such as employee/manager self-service, benefits, performance, and absence management.

CSLLC can also provide sample testing scenarios, if available, or can help support Client in creating new sample test
scenarios on an as-requested basis.

Reporting and Integrations Based on Client requirements, CSLLC may provide technical support including integrations, custom reporting, and business form layouts via the Business Intelligence Reporting Tools (BIRT) framework. Integration assistance may include the configuration and supports the testing of Workday packaged integrations and the development of Client integrations.

Workday Solution Optimization CSLLC is able to help improve the utilization of Client’s Workday solution, as well as Client’s experience. Such
optimization may include, but is not limited to, updating business processes, revising organization structures, or modifying rules for Workday security, business process, and organization for the full Workday platform.

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City of San Mateo and Collaborative Solutions, LLC Statement of Work April 21, 2025 This SOW is proprietary and confidential to Collaborative Solutions, LLC. 3 Activity Functionality Scope/Support Activity Detail
Knowledge Transfer (“KT”) As agreed to by Client and CSLLC, CSLLC on-demand support may include KT pertaining to the resolution of an issue and providing insight on how Client may troubleshoot similar issues in the future and advisory support including guidance on new feature sets, impact considerations, and solution guidance.

Organizational Change &
Training Post-Production
Services
CSLLC offers in-Production Workday customers services
related to organizational change management,
communications, and training. If requested this can be a part of the Lean-On Service.

1.2 Enhanced Managed Services
Managed Services are included for all CSLLC Continuous Value Services (“CVS”) clients.

Enhanced Managed Services will be provided to Client and is supported by a Workday certified Engagement Manager.

Managed Services (All CVS clients) Enhanced Managed Services •Service delivery project management
•Access to full platform squad consulting team
•Access and use of cloud-based ticketing
system
•Proactive periodic Workday communications
•Periodic “one-to-many” webinars
•Metric reporting
•Ticket and escalation management
•Change Orders
•New/existing project scoping needs
•Monthly status call
•Workday certified Engagement Manager
•High touch personalized engagement
mutually defined with Client
•Biweekly status meetings
•Quarterly initiative check-ins
•Semi-annual account reviews
•Collaboration on projects
•Ongoing leadership oversight
•Partnership for future initiatives and road-
mapping
•Biweekly financial reporting

2.0 Support Process

2.1 Ticketing System
Client’s primary contacts will submit all service requests via CSLLC’s ticketing system which will enable involvement by CSLLC support personnel for resolution.

Requests will be managed depending upon the type as outlined below.

2.2 Issue Resolution Support for Existing Configuration: As issue requests are received, CSLLC will:
a. Provide Tier Zero (0), Tier One (1) & Two (2) support, which will be provided by CSLLC’s Global Delivery Center (“GDC”) located in India and Manila, Philippines.

Tier Three (3) and Tier Four (4) support will be provided either regionally in Europe, the Middle East and Africa (EMEA), North America, and Asia-Pacific (APAC) or by CSLLC’s GDC located in India and Manila, Philippines on an as needed basis.

Appendix A provides details on the Tier support levels.

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City of San Mateo and Collaborative Solutions, LLC Statement of Work April 21, 2025 This SOW is proprietary and confidential to Collaborative Solutions, LLC. 4 b. Acknowledge the request within twenty-four (24) hours of Client’s normal business hours. Definition of normal business hours will be mutually agreed upon between Client and the CSLLC Engagement Manager (“CSLLC EM”). If Severity One (1) emergency assistance is needed, Client will log a case with Workday. Examples of emergency assistance include a system down issue or business critical function such as payroll not processing correctly. In non-emergency cases where urgent assistance is required, Client will submit a request via the ticketing system indicating the nature of the urgent request and contact the CSLLC EM. The CSLLC EM will work with Client to outline a plan of action to address the urgent issue in a timely manner. This may involve after hours support for Tier Three (3) or Tier Four (4) support, if mutually agreed upon between both Parties. Support ticket requests initiated outside of standard hours of operation (i.e., Saturday and Sunday) will receive an initial response when the window of standard hours of operation becomes available.
c. Request details on the configuration impacted, if not already provided. d. Within forty-eight (48) hours of standard issue requests, determine a plan of action to support resolution of the issue.
e. Review configuration changes required with Client and request Client’s approval to apply fix.
f. If Client submits a request for assistance outside of the CSLLC ticketing system via any communication mechanism such as email, voice mail, text, or instant message, CSLLC is not subject to standard response times.

2.3 New Configuration Enhancement Requests: As new modification requests are received, CSLLC will:
a. Receive the modification request in the ticketing system. b. Gather information on the requirements and systems involved. c. Estimate the Scope of effort.
d. Request approval from Client, through ticketing system, to begin work via the ticket. •If level of effort is expected to exhaust available hours or is estimated to take more than forty (40) hours, a separate Change Order or SOW may be prepared.
•The CSLLC EM will request resource(s) upon signature of the Change Order and can take up to ten (10) business days from date of signature. Schedule the work with Client as determined between Client’s project manager and the CSLLC EM.
e. Complete configuration and Unit Testing.
f. Provide the change for User Acceptance Testing in Client’s Sandbox or Implementation tenant. CSLLC can assist with providing testing guidance, if requested.

3.0 Services and Responsibilities
This section identifies the Services to be performed by CSLLC and the responsibilities of Client.

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City of San Mateo and Collaborative Solutions, LLC Statement of Work April 21, 2025 This SOW is proprietary and confidential to Collaborative Solutions, LLC. 5 Stage CSLLC Services Client Responsibilities
Support Services •Manage the work plan for support
requests as identified in Section

1.1 •Update the Client roadmap for
planned support needs
•Participate in project status
meeting in a time agreed upon by
the CSLLC EM and Client
•Conduct weekly workstream
meetings between CSLLC
functional/technical consultants
and Subject Matter Experts
(“SMEs”), on an as-needed basis
•Provide KT documents, on an as-
requested basis
•Prepare, reconcile, and provide
financial summaries to Client
•Support Client’s project manager
with issue resolution, and
additional resourcing requests for
unplanned needs
•Provide engagement artifacts
•Providing guidance in developing
high level deployment plan(s), as
requested
•Provide sign-off documents, as
required for support requests
•Manage the tenant management strategy
•Inform CSLLC of changes to the tenant
management strategy
•Inform CSLLC of tenant refreshes two (2)
weeks prior to scheduled date
•Provide input to the work plan
•Provide input into the Client roadmap
•Participate in weekly project and
workstream meetings
•Provide SMEs for support requests
•Provide requirements for any support
request
•Review and sign off on initial functional or
technical design changes
•Define and document test plan and test
scenarios (End-to-End, User Acceptance
and Regression)
•Create/maintain defect tracking log
•Execution of all test scenarios (End-to-
End, User Acceptance and Regression)
•Manage and sign off on all test results
(End-to-End, User Acceptance and
Regression)
•Conduct Sandbox and Production
migrations of configuration, unless
requested in writing in advance per
Section 2.2
•Conduct change management
•Sign off on any support request

4.0 Project Schedule

5.0 Assumptions & Dependencies
The Services, labor estimates, and Pricing presented in this SOW are dependent on the following assumptions being true:
a. Client timely completes each item listed as a Client responsibility in Section 3.0. b. Client will provide applicable SMEs in Client’s business processes, functional leads, and technical lead resources with whom to collaborate during the engagement. c. Client will have the necessary project and executive management support to review and make timely decisions as well as coordinate the activities of this project with other Client projects which may be occurring simultaneously.

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City of San Mateo and Collaborative Solutions, LLC Statement of Work April 21, 2025 This SOW is proprietary and confidential to Collaborative Solutions, LLC. 6 d. Services will be provided during the normal business hours agreed upon between Client and the CSLLC EM and will be as closely aligned to Client’s time zone as possible. Off-hours support can be provided and pre-scheduled in advance.
e. CSLLC resources will provide their own laptops.
f. Unless otherwise agreed by CSLLC’s internal security organization, the Client shall use CSLLC’s secure transfer site for the secure exchange of sensitive employee data with the CSLLC support personnel. Client will agree to limit use for data conversion or production support purposes only for the duration of the activities required. CSLLC will inactivate the secure transfer site within thirty (30) days after the support activities are completed. Client will not use CSLLC’s site for the transmission of any integration files for third-party vendors. CSLLC is not responsible for back up, archiving, or maintenance of files stored on the secure transfer site. In the event CSLLC utilizes its internal “Daytona” tool for data conversion (“Daytona”), Daytona and all of its components must be installed on the CSLLC secure cloud server and utilized solely within CSLLC’s secure transfer site. Further, Daytona IP addresses must be added to the tenant whitelist. Daytona uses its own implementer account that must be excluded from multi-factor authentication. g. If needed, CSLLC can provide Client access to its SharePoint site to maintain non-sensitive project artifact data for project or engagement support activities only. The CSLLC EM will provide access to assigned project team members employed by CSLLC. h. If a data migration requires iLoad support by CSLLC, Client agrees that a tenant lockout will be performed.
i. Client will provide CSLLC consultants with implementer access in Production, Sandbox, and Implementation tenants in a timely manner. Any Client delays will impact issue resolution times as identified in Section 2.2.
j. Client will be solely responsible for testing and any Move-to-Production activities, which shall include configuration, business processes, data, reports and integrations. Client will provide written acceptance of test results to CSLLC prior to any Move-to-Production. k. In the event CSLLC is required to assist Client with Move-to-Production activities, Client will provide written approval if CSLLC’s assistance is required during Client’s Move-to- Production activities. Upon completion of Move-to-Production activities, Client will verify Production results and shall be solely responsible for Production accuracy. Client shall provide written acceptance to CSLLC after such Move-to-Production activities have been completed.
l. Client is responsible for providing timely responses to case(s) which have the status “Waiting on Client” and/or “Waiting on Third-Party.” If there is no response from Client on “Waiting on Client” and/or “Waiting on Third-Party” case(s) within the ticketing system for more than thirty (30) calendar days, such case(s) will be closed.

6.0 Term and Termination
a. SOW shall commence on the Start Date identified above and shall continue through April 30, 2027 (the “Term”), unless terminated sooner pursuant to the Agreement. Upon termination of this SOW, Client shall pay to CSLLC all amounts due and payable hereunder.

Any unused hours will be forfeited.

7.0 Pricing

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City of San Mateo and Collaborative Solutions, LLC Statement of Work April 21, 2025 This SOW is proprietary and confidential to Collaborative Solutions, LLC. 7 Year One (1): April 21, 2025 through April 30, 2026
Year Two (2): May 1, 2026 through April 30, 2027
Grand Total
Lean-On Service Subscription
a. The Enhanced Managed Services are applied in conjunction with the Consulting Services of this SOW. If additional Consulting Services are requested pursuant to the Change Order process, Enhanced Managed Services will also be included. b. Flexibility exists to use hours for resource needs not listed above in the pricing matrix. This includes requests for new resources or an increase in resource hours. c. Hours will roll over from quarter to quarter.

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City of San Mateo and Collaborative Solutions, LLC Statement of Work April 21, 2025 This SOW is proprietary and confidential to Collaborative Solutions, LLC. 8 • Unused hours at the end of Year One (1) (April 30, 2026), must be used within the first quarter of Year Two (2) (July 31, 2026).
• Unused hours at the end of Year Two (2) (April 30, 2027), must be used within the first quarter of any mutually agreed upon renewal term. d. Any Services provided beyond the Scope of this SOW must be approved by Client pursuant to a Change Order.
e. CSLLC will assign Client to a team support model comprised of CSLLC cross-functional and technical consultants with a built-in redundancy/backup. The team will support the areas outlined in this SOW.
f. Billing will occur prior to the start of each period for the hours indicated for each service period.
g. In the event Client exceeds the quarterly bucket of hours, CSLLC will promptly issue the following quarter’s invoice upon the overage, which shall be due and payable in accordance with the Agreement. Client can use the hours associated with the following quarter once the invoice is issued.
h. If Client exceeds the annual estimated fees associated in the pricing tables set forth herein, CSLLC will prepare a Change Order.
i. Any and all fees associated with Client’s e-invoicing, portal, or payment solution will be the responsibility of Client without dispute. CSLLC will provide all necessary documents or invoices to confirm the fees, if such fees are incurred. j. Invoices will be emailed to the following address: [email protected] Any other mailed correspondence will be delivered as follows:

City of San Mateo
Attention: Karen Huang, Finance Director
330 West 20th Avenue
San Mateo, CA 94403
k. Client will provide to CSLLC the Purchase Order Number (“PO#”) created in connection with this SOW promptly following signature by the Parties and a copy of the PO# will be sent to [email protected].

8.0 Expenses
It is expected Services will be provided primarily on a remote basis. If travel is required, all reasonable travel expenses incurred by CSLLC related to the performance of the Services defined herein, shall be invoiced to Client. All such travel will comply with CSLLC’s Travel and Expense Policy, which shall be made available to Client upon request. All fees or penalties incurred due to cancellations or changes of travel at Client’s request shall be invoiced to Client.

9.0 Signatures
IN WITNESS WHEREOF, the Parties have duly executed this SOW by their respective authorized representatives as of the SOW Effective Date.

Collaborative Solutions, LLC City of San Mateo

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City of San Mateo and Collaborative Solutions, LLC Statement of Work April 21, 2025 This SOW is proprietary and confidential to Collaborative Solutions, LLC. 9 Authorized Signature Authorized Signature
Name Name
Job Title Job Title
Date Date

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City of San Mateo and Collaborative Solutions, LLC Statement of Work April 21, 2025 This SOW is proprietary and confidential to Collaborative Solutions, LLC. 10 Appendix A – Support Levels and Location
Note: The location of support using CSLLC's GDC or Global Squad will be determined by the level of complexity of the issue based upon the assessment of the CSLLC consultant in charge of triaging and servicing the ticket regardless of Tier level.

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CITY OF SAN MATEO
5 4
2 9

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: 72-4674 File ID: 25-9762 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 07, 2025
SUBJECT:

Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Contract Change Order RECOMMENDATION:

Approve Contract Change Order No. 8 to the Agreement with Herc Rentals, Inc. for a temporary emergency standby generator to support the Dale Ave Pump Station Upgrade project in an amount not to exceed $66,944.28, increasing the total agreement amount to $781,731.99; increase the contingency reserve by $22,350; extend the Agreement term to April 30, 2025; and authorize the Public Works Director to execute the change order in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Basins 2 & 3 Collection System Improvements (Basins 2 & 3) is a Clean Water Program project that increases capacity and improves flow management to prevent sanitary sewer overflows in several areas throughout the City, including one at Dale Avenue Pump Station (DAPS). The DAPS Upgrade project included refurbishment of force mains, pump station equipment upgrades, and replacement of the existing emergency standby generator.

In October 2019, City Council awarded an agreement to Anvil Builders, Inc. (Anvil) to construct the DAPS Upgrade project.

Anvil’s scope of work is nearly complete; however, there is still ongoing work associated with installation of a permanent emergency standby generator. The emergency standby generator at DAPS is critical, providing backup power for the pumps and facility during power failures. DAPS is the City’s largest sewer pump station, with a significant portion of overall wastewater flow routed through the station. Due to Bay Area Air Quality Management District requirements to comply with the latest air quality emission standards, installation of new pollution abatement equipment for the generator is required. While installing the new generator and pollution abatement equipment, a temporary standby generator is required to ensure continuous power capability at the station.

In August 2022, City Council approved a $222,090.41 agreement with Herc Rentals, Inc. (Herc) to provide a temporary standby generator required to support the DAPS Upgrade Project throughout the remainder of Anvil’s efforts to install the permanent emergency standby generator. The Council also approved establishing a $110,046 contingency reserve in case of unforeseen conditions or delays. At the time of the agreement approval, the new permanent emergency generator was expected to be installed by the end of Summer 2023.

In July 2023, the Public Works Director utilized the contingency reserve to execute Contract Change Order No. 1, adding $107,170.16 to the agreement. This change order addressed additional costs not accounted for in the original quote and agreement, such as utilizing longer cables to relocate the temporary generator from the public right of way onto the DAPS site. Residential property owners adjacent to the DAPS site raised a concern that storing the temporary generator in the public right of way impacted residential parking, so the temporary generator was relocated onto the DAPS property to address this concern.

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CITY OF SAN MATEO
5 4
2 9
In August 2023, City Council approved Contract Change Order No. 2 to increase the total agreement value by $107,216.64, to extend contract end date to January 2024 and approved an additional contingency reserve of $80,000. In February 2024, the Public Works Director utilized the contingency reserve to execute Contract Change Order No. 3 to extend the use of the temporary generator through April 2024 and increase the agreement value by $80,081.32.

In April 2024, City Council approved Contract Change Order No. 4 to increase the total agreement value by $66,565.48 and approved an increase in the contingency reserve of $45,000. In August 2024, the Public Works Director utilized the contingency reserve to execute Contract Change Order No. 5 to extend the use of the temporary generator through September 2024 and increase the agreement value by $43,887.90.

In September 2024, City Council approved Contract Change Order No. 6 to increase the total agreement value by $43,887.90 to extend the contract end date to November 2024 and approved a $45,000 increase to the contingency reserve. In December 2024, the Public Works Director utilized the continency reserve to execute Contract Change Order No. 7 to extend the use of the temporary generator through January 2025 and to increase the total agreement value by $43,887.90.

There have been continued challenges in completing installation of the permanent generator at DAPS due to continued supply chain delays and completion of seismic design updates that have extended the anticipated completion date to the end of March 2025. The permanent generator and ancillary pollution abatement equipment delivery was delayed due to vendor and weather issues. The permanent generator assembly was delivered in early February. Staff were negotiating credits with Herc to cover the extended costs of the temporary generator while the permanent generator was being installed to potentially avoid another contract change order. However, the vendor preferred to finalize the credit at the end of the rental term. Installation delays require the temporary generator to stay in place much longer than expected.

Even though the permanent generator is now installed, manufacturers’ representatives must be scheduled to test the specialized equipment before it can go into service. This created a further delay. This requires issuing Contract Change Order No. 8 to further extend the use of the temporary generator through end of April 2025. As a result, a total increase of $66,944.28 to the temporary generator agreement with Herc is required for February, March and to have the temporary generator available through the end of April 2025, when the start-up testing of the new permanent generator is expected to be complete.

Based on the above, staff recommends approval of Contract Change Order No. 8 to increase the value of the agreement by $66,944.28, for a revised total agreement amount of $781,731.99, and to extend the Agreement term not to exceed April 30, 2025. Staff also recommends adding $22,350 to the contingency reserve in case of any unforeseen delays associated with start-up testing and putting the new permanent generator into operation. The final testing and startup could be delayed due to manufacturers’ schedules.

To potentially reduce the payments below the requested increase amounts, staff are coordinating with the contractor to identify potential opportunities to commission the permanent generator and demobilize the temporary generator as soon as possible. In addition, staff are continuing to negotiate potential credits with Herc.

BUDGET IMPACT:

Sufficient funds are available in the Basins 2 and 3 Collection System Improvements Project (46s003) to fund this contract change order and the additional contingency.

ENVIRONMENTAL DETERMINATION:

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

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

ATTACHMENTS
Att 1 – Contract Change Order No. 8

STAFF CONTACT
Thomas W. Williams, Engineering Manager
[email protected]
(650) 522-7307

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https://cityofsanmateoorg-my.sharepoint.com/personal/twilliams_cityofsanmateo_org/Documents/Projects/DAPS Lift Stations/DAPS Herc Rentals CCO 8_202503 14.doc

CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER # 8
P
ROJECT: Temporary Standby Generator for Dale Ave Pump Station Upgrade TO
: Herc Rentals, Inc.

CONTRACT CHANGE ORDER NO. 8 Page 1 of 1
PO/SCON No. PO-0000378 Date 4/7/2025
Fund 590 Capital Projects Fund
Cost Center Wastewater Treatment Plant
Spend Category Other Contractual Services
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

DES

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

T
he Original Agreement for renting of the 1000 kW temporary emergency standby generator at Dale Avenue Pump Station (DAPS) was signed with HercRentals on October 10, 2022. This rental agreement was for a period from September 16, 2022 through June 16, 2023.

Subsequently, CCO No. 1 was issued on August 7, 2023 for the supply of additional length of cables associated with relocation of the generator and for extending the rental period from June 16 through September 2023. Subsequent CCO No. 2 issued on August 29, 2023 extended the generator rental period through January 2024, CCO No. 3 issued on February 16, 2024 extended the rental period through April 31, 2024, CCO No. 4 issued on May 31, 2024 extended the rental period through July 31, 2024 and CCO No. 5 issued on August 19, 2024 extended the rental period through September 30, 2024, CCO No. 6 issued on September 23, 2024 extended the rental period through November 30, 2024, CCO No. 7 issued on December 2, 2024 further extended the rental period through January 31, 2025.

T
his Contract Change Order includes an extension of the temporary 1000 kW emergency standby generator rental for additional three (3) months from February 1, 2025 through April 30, 2025. The cost of this change order is $66,944.28 as per the attached quotes from HercRentals.

T
otal cost of change not to exceed: $66,944.28
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

B
y reason of this proposed change, extension of time through March 31, 2025 will be allowed.

Date Ac
cepted:

C
ontractor: Herc Rentals, Inc.

B
y:

T
itle:

D
ISTRIBUTION: Purchasing, City Clerk, Contractor, Construction Manager, Project Analyst, Project File

STATEMENT OF ACCOUNT
O
riginal Contract Price $ 222,090.41
Previous Change Orders $4 92,697.30
Total to date $714,787.71
This Change Order $66,944.28
Re
vised Contract Price $ 781,731.99
D
ate Approved:

By
:

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

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Branch #: 9705
Date: 1/22/2025 Quote Valid until: 2/28/2025
Address 7727 Oakport St, Oakland CA 94621 Sales Rep:Keith Jones 407 Office Phone 510-633-2040 Rep Email: [email protected] Phone 415-238-1429
Name:City of San Mateo Job NameCity of San Mateo 1 MG Gen extension 10/1/24 -11/30/20242/1/2025 2/28/2025 Acct #: Quote #
Address: Address:

ContactMakrand Pendse Contact:

Phone: (925) 998-5753
Fax: Additional
Contact &
Email:[email protected] Delivery Info.

PO No/Job No PO - 0000378 Job Scope or Project Comments Delivery DateONSITE NOW PO EXTENSION Feb 1 Through Feb 28 2025 Job Start
Job End
Pickup Date
Qty Description
Day Week 4 Week

1 1000 KW Generator $2,160.00$5,568.00 $16,500.00 $16,500.00 56 Cables $13.00 $20.00 $60.00 $3,360.00
24 Male and Female pigtails NO CHARGE NO CHARGE

Sub Total $19,860.00
Estimated Delivery if done by HERC Truck Estimated Delivery Freight ON SITE NOW Estimated Pickup Freight if done by HERC truck Estimated Pickup Freight By accepting our rental Protection plan, ProRPP, Herc Rentals will waive 100% of the repair orRental Protection Plan N NA replacement cost for damaged or stolen gear. Some exclusions apply, Contract your branch or seeTechnician Required N NA ProRPP at https://www.hercrentals.com/us/programs/rental-protection-plan.htmlEmissions Surcharge 1.98% $393.29 Property Tax Recovery 0.75% $148.95
Estimated Sales Taxes 9.63% $1,912.52
Estimated Total $22,314.76
Equipment Rental Quote / Order
Estimated
Total
Herc ProSolutions thanks you for the opportunity to provide the attached quotation.

Please contact us if you should have any additional equipment needs or questions.

Customer Information Job Site Information
Rental Terms
Copy of San Mateo 1000 KW Gen extension Feb 1 2025 to Feb 28 2025

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Standard Terms and Conditions
Shift Rates:
· Diesel Engine Powered equipment is priced as Single Shift unless otherwise noted. 1st Shift- 0-8 hours per day/ up to 40 hrs. per week/ up to 160 hrs. per month 2nd Shift- 9-16 hours per day/ 41-80 hrs. per week/ 161-320 hrs. per month – rate x 1.5 3rd Shift (unlimited hours per day/ week/ month)- rate x 2 Maintenance:
· By renting this equipment, renter agrees to pay the maintenance surcharge for every hour the unit is run.

It is assumed the diesel engine powered equipment is being run 160 hours per month during the rental period.

The final invoice will be adjusted to reflect the actual hours used.

Fuel:
· Diesel Engine Driven Pumps will be delivered with Fuel Tanks full and should be returned full. · Generators 480kw and above will be delivered with fuel tanks 25% full. These tanks must be returned with no more fuel then delivered due to possible weight restrictions and DOT laws. · Additional Fuel Cubes with 110% liquid containment are available to supplement the standard 24 hours runtime capacity on each unit.
· Onsite fuel deliveries can be arranged through Herc Rentals for an additional fee. · Refueling at Herc Rentals upon return will be invoiced at published rate.

Labor:
· Labor for set-up and tear down not included.
· Requested labor for set-up and tear down can be provided for an additional fee. Electrical connections to equipment other than owned by Herc are to be outsourced by the customer.

Labor during business hours- $150./hr.; afterhours $225./hr.; Holidays $500./hr. · Onsite per diem if required will be invoiced as additional $200. per night per employee. · Final electrical connection by a licensed electrician unless otherwise specified above.

Freight:
· In house freight services will be billed at $135. per hour during normal business hours plus any wait time. · Outside freight services will be billed on a cost plus bases during normal business hours plus any wait time. · Offloading and loading upon return by others. Equipment dimensions and weight rating available if requested.

Terms:
· Quotations valid for 30 days
· Equipment availability is subject to prior rental or sale unless PO is accepted prior to delivery. · Taxes, fuel fees, environmental fees, delivery are estimates · All permits, license fees, and compliance with city and state codes are the responsibility of the customer. · There is an Emissions and Environmental Surcharge of 1.98% applied to the rental charge of motorized equipment on each invoice. The Emissions and Environmental Surcharge is to help offset the costs of the new industry emissions standards and environmental laws and regulations at the federal, state and local government level. This surcharge includes environmental costs and expenses previously charged as part of the Environmental Recovery Fee.

Insurance and Pro Rental Protection Plan (ProRPP)
· The customer is responsible for insuring the equipment and all accessories for full replacement value while in customer’s possession. The Certificate of Insurance (COI) naming Herc Rentals as additional insured must be on file at least 3 business days prior to delivery.
· Herc Rental offers a Pro Rental Protection Plan (ProRPP) for an additional fee of 15% of rental charges.

ProRPP will waive 100 percent of repair /replacement cost or damaged or stolen gear.

When you return damaged or provide a police report for stolen gear, Herc Rentals will cover the damage or replacement cost. Some exclusion apply contact your local Herc Rentals office for details or see link https://www.hercrentals.com/us/programs/rental-protection-plan.html Please sign and return accepting terms and rates above for your application.

Print Name/Title Signature Date
P.O. Number/Job Number
Copy of San Mateo 1000 KW Gen extension Feb 1 2025 to Feb 28 2025

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Branch #: 9705
Date: 1/22/2025 Quote Valid until: 3/31/2025
Address 7727 Oakport St, Oakland CA 94621 Sales Rep:Keith Jones 407 Office Phone 510-633-2040 Rep Email: [email protected] Phone 415-238-1429
Name:City of San Mateo Job NameCity of San Mateo 1 MG Gen extension 10/1/24 -11/30/20243/1/2025 3/31/2025 Acct #: Quote #
Address: Address:

ContactMakrand Pendse Contact:

Phone: (925) 998-5753
Fax: Additional
Contact &
Email:[email protected] Delivery Info.

PO No/Job No PO - 0000378 Job Scope or Project Comments Delivery DateONSITE NOW PO EXTENSION March 1 Through March 31 2025 Job Start
Job End
Pickup Date
Qty Description
Day Week 4 Week

1 1000 KW Generator $2,160.00$5,568.00 $16,500.00 $16,500.00 56 Cables $13.00 $20.00 $60.00 $3,360.00
24 Male and Female pigtails NO CHARGE NO CHARGE

Please contact us if you should have any additional equipment needs or questions.

Customer Information Job Site Information
Rental Terms
Copy of San Mateo 1000 KW Gen extension March 1 to March 31 2025

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Standard Terms and Conditions
Shift Rates:
· Diesel Engine Powered equipment is priced as Single Shift unless otherwise noted. 1 st Shift - 0-8 hours per day/ up to 40 hrs. per week/ up to 160 hrs. per month 2 nd Shift - 9-16 hours per day/ 41-80 hrs. per week/ 161-320 hrs. per month – rate x 1.5 3 rd Shift (unlimited hours per day/ week/ month)- rate x 2 Maintenance:
· By renting this equipment, renter agrees to pay the maintenance surcharge for every hour the unit is run.

It is assumed the diesel engine powered equipment is being run 160 hours per month during the rental period.

The final invoice will be adjusted to reflect the actual hours used.

ProRPP will waive 100 percent of repair /replacement cost or damaged or stolen gear.

Print Name/Title Signature Date
P.O. Number/Job Number
Copy of San Mateo 1000 KW Gen extension March 1 to March 31 2025

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Branch #: 9705
Date: 1/22/2025 Quote Valid until: 3/31/2025
Address 7727 Oakport St, Oakland CA 94621 Sales Rep:Keith Jones 407 Office Phone 510-633-2040 Rep Email: [email protected] Phone 415-238-1429
Name:City of San Mateo Job NameCity of San Mateo 1 MG Gen extension 10/1/24 -11/30/20244/1/2025 4/30/2025 Acct #: Quote #
Address: Address:

ContactMakrand Pendse Contact:

Phone: (925) 998-5753
Fax: Additional
Contact &
Email:[email protected] Delivery Info.

PO No/Job No PO - 0000378 Job Scope or Project Comments Delivery DateONSITE NOW PO EXTENSION April 1 2025 Through April 30 2025 Job Start
Job End
Pickup Date
Qty Description
Day Week 4 Week

1 1000 KW Generator $2,160.00$5,568.00 $16,500.00 $16,500.00 56 Cables $13.00 $20.00 $60.00 $3,360.00
24 Male and Female pigtails NO CHARGE NO CHARGE

Please contact us if you should have any additional equipment needs or questions.

Customer Information Job Site Information
Rental Terms
Copy of San Mateo 1000 KW Gen extension April 1 to April 30 2025

162 of 316

It is assumed the diesel engine powered equipment is being run 160 hours per month during the rental period.

The final invoice will be adjusted to reflect the actual hours used.

ProRPP will waive 100 percent of repair /replacement cost or damaged or stolen gear.

Print Name/Title Signature Date
P.O. Number/Job Number
Copy of San Mateo 1000 KW Gen extension April 1 to April 30 2025

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CITY OF SAN MATEO
1 1
7 3
0 CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 25-9778 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: April 7, 2025
SUBJECT:

Consulting Recruitment Services – Change Order
RECOMMENDATION:

Approve Change Order No. 1 to the agreement with It's Personnel Consulting for the purpose of professional recruitment services in the amount of $100,000.00 for a new agreement total of $150,000.00; and authorize the City Manager to execute the Change Order in substantially the form presented.

BACKGROUND:

The City of San Mateo’s agreement with It’s Personnel Consulting effective October 23, 2024 through June 30, 2025 to conduct professional recruitment services to fill critical vacancies has an original Purchase Order (PO) amount of $50,000.00. In 2024, with It’s Personnel’s recruitment efforts, the City filled 140 vacant positions. As of the beginning of the current fiscal year, It’s Personnel has conducted 24 recruitments while the HR recruitment staff participate in Workday implementation. HR is requesting to increase the PO amount with It’s Personnel to conduct professional and timely city- wide recruitment services by $100,000.00 for a total contract of $150,000.00 through June 30, 2025. HR will begin the RFP process prior to June 30, 2025, to obtain the best value when retaining professional recruitment services.

BUDGET IMPACT:

The recruitment services conducted by It’s Personnel Consulting are paid for by the recruiting department and there is sufficient funding within the department budgets to cover the additional costs.

ENVIRONMENTAL DETERMINATION:

This change order 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 – Change Order No. 1

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

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S:\City Forms and Templates \Finance (Business Services) \Purchasing \MASTER Change Order Form.doc Department:

PROJECT
P.O. #

CITY OF

SAN MATEO, CALIFORNIA
Contract Change Order No
Distribution: Purchasing Division,
Department File, Contractor.

To Date: _______
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price, and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

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

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

Accepted, Date
Contractor
By
Title

STATEMENT OF ACCOUNT
Original Contract Price . . . . . . . . . . . . . . . $ Previous Change Orders . . . . . . . . . . . . . .$
Total to date . . . . . . . . . . . . . . . . . . $
This Change Order . . . . . . . . . . . . . . . . . . $ Revised Contract Price . . . . . . . . . . . . . . . .$ Approved By
Department
SCON
-0000859
It's Personnel
1545 Broadway, #305
San Francisco, CA 94109
Senior HR Analyst
Lourdes Coles
50,000.00
4/7/2025
It's Personnel provides professional recruiting services to the City of San Mateo in order to fill critical vacant positions. Their services are paid for by the recruiting department.

The Agreement Amendment increases SCON-000859 contract amount by an additional $100,000.00 to cover recruitment services through June 30, 2025. 100,000.00
150,000.00

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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: 16 Section Name: CONSENT CALENDAR Account Number: 14-4682 File ID: 25-9779 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: April 07, 2025
SUBJECT:

Mobile Parking Revenue Collection Amendment – Approval
RECOMMENDATION:

Approve Amendment No. 1 to the agreement with PayByPhone US, Inc. for mobile parking payment services in the amount of $65,000 for a new agreement total of $150,000; and authorize the Public Works Director to execute the amendment in substantially the form presented.

BACKGROUND:

The PayByPhone system was first implemented in 2016 and allows patrons the ability to pay for public parking via their smartphone. Due to turnover, staff inadvertently allowed the prior agreement with PayByPhone to expire at the end of July 2024. In March 2025, to continue mobile payment services and expedite payment for services since expiration of the agreement, the City executed a new two-year agreement with PayByPhone US, Inc. (PayByPhone) in the amount of $85,000.

The agreement was intended to pay for outstanding PayByPhone invoices from August to November 2024 as well as unforeseen miscellaneous fees (i.e., new location numbers, sign fabrication). However, due to a lengthy negotiation process, the City incurred additional outstanding invoices from December 2024 through March 2025. There are insufficient funds in the existing agreement to pay for the outstanding invoices from December 2024 to March 2025.

City staff recommends increasing the agreement amount by $65,000 for a new total agreement amount of $150,000. The added funds will be used to pay the outstanding invoices from December 2024 to March 2025 and unforeseen miscellaneous fees. The new agreement includes a revised process under which PayByPhone receives all parking revenue remitted via mobile payments. PayByPhone then remits to the City the balance of parking revenue minus PayByPhone's costs, thereby eliminating the monthly process of invoicing the City for payment of fees. As such, the proposed amendment provides sufficient funding to cover all outstanding invoices and fees, and additional funding is not required for the remainder of the agreement timeframe. Staff recommends Council approve proposed Amendment No. 1.

BUDGET IMPACT:

There are sufficient funds from the Transportation operating budget to fund this amendment.

ENVIRONMENTAL DETERMINATION:

This City Council action is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that approval of an amendment to the Agreement with PaybyPhone to provide mobile parking payment services may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

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CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 1

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

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Contract Amendment Page 1 of 2
CAO Approved June 2024
1 1
6 7
2 AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
PAYBYPHONE US INC. FOR

MOBILE COMMERCE SERVICES FOR DOWNTOWN PARKING
($85,000 [Original Amount] / $65,000 [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 PAYBYPHONE US INC. ("CONTRACTOR").

WHEREAS, on March 11, 2025, CITY and CONTRACTOR entered into an Agreement for mobile commerce services for downtown parking (“Agreement”); and WHEREAS, City and Contractor wish to amend the Agreement to increase the not-to-exceed amount of this Agreement in the amount of $65,000, for a new total not-to-exceed amount of $150,000.

NOW, THEREFORE, the Parties agree as follows:

1. Section 5.1 – “Pricing and Payment” of the Agreement is amended to read:
“The City agrees to pay the fees, as outlined in Exhibit B, in a total amount not to exceed $150,000 or higher amount if approved in a written amendment to the Agreement signed by both parties. For clarity, the Transaction Fee shall not be included in the total amount stipulated above. Unless the City notifies the Contractor that the total amount has been reached, Contractor is entitled to collect fees for all services. All amounts payable hereunder are exclusive of any and all taxes, including taxes applicable on fees paid by the consumer, and City is responsible for payment of such taxes. All prices are stated, and City shall pay, in US dollars.

Payment is due within 30 days of invoicing. Upon 30 days written notice to the City, PayByPhone may, acting reasonably, increase any fees outlined in Exhibit B, not more often than once in a calendar year, to adjust for inflation and any increase in the cost of PayByPhone providing the services to City.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]

168 of 316

Contract Amendment Page 2 of 2
CAO Approved June 2024
1 1
6 7
2 IN WITNESS WHEREOF, CITY OF SAN MATEO and CONTRACTOR have executed this Amendment No. 1 on ___________________.

CITY OF SAN MATEO CONTRACTOR
Alex Khojikian
City Manager
Date Teresa Trussell
Its Authorized Agent
President (PayByPhone US Inc.)
Date

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

169 of 316

CITY OF SAN MATEO
5 4
4 2

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 17 Section Name: CONSENT CALENDAR Account Number: 10-6661 File ID: 25-9785 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Library Department
MEETING DATE: April 07, 2025
SUBJECT:

San Mateo Public Library Foundation Operating Lease – Amendment RECOMMENDATION:

Approve an Amendment to the Property Lease and Operating Agreement with the San Mateo Public Library Foundation to extend the lease for an additional year commencing retroactively on April 1, 2025, through March 31, 2026; and authorize its execution by the City Librarian.

BACKGROUND:

The San Mateo Public Library Foundation (SMPLF) leases office space in the Main Library to accommodate Foundation employees who perform fund development duties in support of the Library Foundation's mission. The Commercial Property Lease Agreement and Operating Agreement between the City of San Mateo and San Mateo Public Library Foundation was signed on December 14, 2007. Subsequent lease extensions through March 31, 2025, have been approved by the City Council. This Amendment represents a one-year extension of the lease agreement retroactive on April 1, through March 31, 2026.

In FY 2024-25, the Library Foundation awarded $130,000 for support of programs and collections. The successful 2024 and 2025 fundraising events made it possible for the Library's cultural committees to provide cultural and educational events to the public as well as enhance the Library's general collection.

BUDGET IMPACT:

In consideration of the financial support the SMPF fulfills on behalf of the San Mateo Public Library, the rental amount of the lease will continue to be set at the nominal rate of $12 per annum.

ENVIRONMENTAL DETERMINATION:

This lease 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 – Lease Agreement

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CITY OF SAN MATEO
5 4
4 2

STAFF CONTACT
Marcia Mendonca, Senior Management Analyst
[email protected]
6505227805
Rukshana Singh, City Librarian
[email protected]
(650) 522-7804

171 of 316

Contract Amendment Page 1 of 2
CAO Approved June 2024
1 1
6 7
0 AMENDMENT OF THE COMMERCIAL PROPERTY LEASE

AGREEMENT AND OPERATING AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

THE SAN MATEO PUBLIC LIBRARY FOUNDATION
($12.00)
This Amendment is made and entered into this day of April 7, 2025, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and the SAN MATEO PUBLIC LIBRARY FOUNDATION, a California non-profit corporation ("FOUNDATION").

WHEREAS, City and Foundation wish to amend the Agreement effective retroactively on April 1, 2025 to extend the lease of office space for one year of this Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. Paragraph 1 of the Agreement is amended to read:
“The term of this Lease shall be extended through March 31, 2026, unless terminated pursuant to Paragraph 20.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]

172 of 316

Contract Amendment Page 2 of 2
CAO Approved June 2024
1 1
6 7
0 IN WITNESS WHEREOF, CITY OF SAN MATEO and SAN MATEO PUBLIC LIBRARY FOUNDATION have executed this Amendment on ___________________.

CITY OF SAN MATEO CONTRACTOR
Rukshana Singh
City Librarian
Date Jeanne Back
Its Authorized Agent
Co-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)
Bahar Abdollahi
Assistant City Attorney
Date Alexandra Gillen
Co-President
Date

173 of 316

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: 19-9811 File ID: 25-9802 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: April 07, 2025
SUBJECT:

SEIU Local 521, Maintenance, Side Letter of Agreement Regarding Salary Increase - Adoption RECOMMENDATION:

Adopt a Resolution to amend the SEIU Local 521, Maintenance Memorandum of Understanding to implement additional equity salary adjustments.

BACKGROUND:

During contract negotiations with SEIU Local 521, Maintenance (“SEIU”), an agreement was made to meet and confer regarding the findings of a total compensation survey and potential additional equity adjustments for the following classifications: 1. Custodian, 2. Tree Maintenance Specialist and 3. Traffic and Lighting Technician.

In the fall of 2024, SEIU exercised its right under Section 31.3 to request a classification and compensation review of the following three classifications 1. Maintenance Planner, 2. Instrument Control Technician and 3. Wastewater Treatment Plant Electrical Technician based on sustained recruitment or retention difficulties.

Based on the findings of the total compensation surveys, the City and SEIU agreed via a Side letter of Agreement to the following equity salary increase effective the first full pay period following Council adoption:
•Traffic and Lighting Technician- 0.25 percent,
•Custodian- 2.46 percent,
•Maintenance Planner- 11.16 percent,
•Instrument Control Technician- 11.16 percent,
•Wastewater Treatment Plant Electrical Technician- 11.16 percent BUDGET IMPACT:

The additional compensation will result in an annual increase of approximately $112,000, with $4,200 in the General Fund, $101,400 in the Sewer Fund, and $6,400 in the Fleet and Facilities Fund.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

174 of 316

CITY OF SAN MATEO

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Letter of Understanding

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY O
F SAN MATEO AND THE SEIU MAINTENANCE LOCAL 521
WHER
EAS, the SEIU Maintenance Local 521 (SEIU Maintenance or Unit) and the City have negotiated changes to the Memorandum of Understanding (MOU) for the Association; and WH
EREAS, the amendments are related to salary equity adjustments; and WH
EREAS, the parties have met and conferred, and have signed a Side Letter of Agreement to amend the Unit’s MOU.

NOW,

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

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

2. The amendments to the Memorandum of Understanding for the SEIU Maintenance, set forth in the Side Letter of Agreement attached as Exhibit A, are approved and summarized as follows:

Equity adjustments: The Side Letter of Agreement was created to provide additional compensation to the Traffic and Lighting Technician: 0.25%, Custodian: 2.46%, Maintenance Planner: 11.16%, Instrument Control Technician: 11.16% and the Wastewater Treatment Plant Electrical Technician:

11.16%.

2. The additional compensation will result in an annual increase of approximately $112,000, with $4,200 in the General Fund, $101,4000 in the Sewer Fund, and $6,400 in the Fleet and Facilities 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: 19 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 25-9822 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: April 7, 2025
SUBJECT:

San Mateo Management Employees’ Association – Memorandum of Understanding Amendments RECOMMENDATION:

Adopt a Resolution to amend the Memorandum of Understanding (“MOU”) between the City of San Mateo (“City”) and the San Mateo Management Employees’ Association (“SMMEA”) for a term through April 22, 2028.

BACKGROUND:

SMMEA represents a total of 115 management employees. The MOU contract with this bargaining unit expires on April 12, 2025.

On February 4, 2025, the City initiated contract negotiations with SMMEA. Consistent with the direction provided by the City Council, negotiators for the City and the bargaining unit reached a tentative agreement on March 28, 2025. The membership has ratified the proposed changes to their MOU. This agreement includes the following:

Compensation Effective April 13, 2025- three percent (3%) cost-of-living adjustments (COLA), an across-the- board two percent (2%) equity adjustment, and additional equity adjustments for the following classifications:
•Community Services Section Manager
•Waste Water Treatment Plant Maintenance Superintendent •Waste Water Treatment Plant Manager
•Waste Water Treatment Plant Operations Superintendent
•Waste Water Treatment Plant Shift Supervisor
Effective April 12, 2026- three percent (3%) COLA and an across-the-board one percent (1%) equity adjustment.

Effective April 11, 2027- three percent (3%) COLA.

Professional
Dues
Reimburse employees for the cost of one professional license or certification required for their job classification in addition to the membership dues for one professional organization.

Safety Shoe
Allowance
Increase reimbursement from $200 to $250 for one pair of safety shoes every two years and add additional classifications.

Trade Shifts Provide non-exempt Dispatch Supervisors the ability to trade shifts amongst themselves.

Retirement
Health Savings
Account (RHSA)
Align the provisions related to this section with the annual side letter the association submits to the City each calendar year. The side letter clarifies how leave balances will be contributed to an employee’s RHSA upon retirement each year.

Other There are language changes to update, clarify, and/or comply with federal and state laws.

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CITY OF SAN MATEO
BUDGET IMPACT:

The FY 2024-25 adopted operating budget included the cost-of-living adjustment (COLA). The negotiated equity adjustments for FY 2024-25 do result in an annual budget impact of approximately $480,000, with $278,000 to the General Fund, $57,000 to the Construction Service Fund, $110,000 to the Sewer Fund, and the remaining $35,000 split among various other funds. The FY 24-25 operating budgets can absorb the increases for this year due to vacancies and the increases will be budgeted in the FY 25-26 budget.

ENVIRONMENTAL DETERMINATION:

This tentative Agreement is not subject to CEQA because it will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Tentative Agreement

STAFF CONTACT
Aracelia G. Esparza, Human Resources Director
[email protected]
650.522.7260

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN MATEO AND THE SAN MATEO MANGEMENT EMPLOYEES’ ASSOCIATION WHEREAS, the amendments are related to salary, term, other pays and miscellaneous language changes relating to departmental operations, and language clarity for the unit; and WHEREAS, the parties have negotiated in good faith, and have reached tentative agreement to amend the San Mateo Management Employees’ Association (“SMMEA”) MOU; and WHEREAS, the SMMEA membership has ratified the Tentative Agreement; and

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

1. This Tentative Agreement is not subject to CEQA because it will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

2. The amendments to the Memorandum of Understanding for the SMMEA, set forth in the Tentative Agreements attached as Exhibit A.

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Exhibit A
Summary of Tentative Agreements:

Compensation: Effective April 13, 2025- three percent {3%) cost-of-living adjustments {COLA), an across-the-board two percent {2%) equity adjustment, and additional equity adjustments for the following classifications:
• Community Services Section Manager
Waste Water Treatment Plant Maintenance Superintendent
Waste Water Treatment Plant Manager
•
•
• Waste Water Treatment Plant Operations Superintendent Waste Water Treatment Plant Shift Supervisor• '
Effective April 12, 2026- three percent {3%) COLA and an across-the- board one percent {1%) equity adjustment.

Effective April 11, 2027- three percent (3%) COLA.

Professional Dues: Reimburse employees for the cost of one professional license or certification required for their job classification in addition to the membership dues for one professional organization.

Increase reimbursement from $200 to $250 for one pair of safety shoes every two years, and add additional classifications.

Provide non-exempt Dispatch Supervisors the ability to trade shifts amongst themselves.

Safety Shoe
Allowance
Trade Shifts
Retirement Health
Savings Account
(RHSA)
Align the provisions related to this section with the annual side letter the association submits to the City each calendar year. The side letter language changes annually, so this clarifies how leave balances will be contributed to an employee's RHSA upon retirement each year.

There are language changes to update, clarify, and/or comply withOther federal and state laws.

All Tentative Agreements will follow on the next page.

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Docusign Envelope ID: 607B6B7D-D319-45D7-BD36-B3A6AFD3AD12

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN
SAN MATEO MANAGEMENT EMPLOYEES’ASSOCIATION
AND

THE CITY OF SAN MATEO
SMMEA PROPOSAL #2 COMPENSATION INCREASES

TENTATIVE AGREEMENTS
MARCH 28, 2025
MOU SECTION: 7.4 Compensation Increases During the Term of this Agreement LANGUAGE:

7.4 Compensation Increases During the Term of this Agreement Effective April 13, 2025, or the first full pay period following Council adoption of this agreement, whichever is later, the Unit will receive an across-the-board cost-of-living increase of three percent (3.0%).

Effective April 13, 2025, or the first full pay period following Council adoption of this agreement, whichever is later, the Unit will receive an across-the-board equity increase of two percent (2.0%).

In addition, the following equity adjustments will be made effective April 13, 2025, or the first full pay period following Council adoption:

Classification Equity Adjustment

8.45%

2.44%

5.14%

2.44%
Community Services Section Manager
Waste Water Treatment Plant Maintenance Superintendent
Waste Water Treatment Plant Manager
Waste Water Treatment Plant Operations Superintendent
Waste Water Treatment Plant Shift Supervisor 2.44%
Effective April 12, 2026, the Unit will receive an across the board increase of three percent (3.0%).

Effective April 12, 2026, the Unit will receive an across-the-board equity increase of one percent (1.0%).

Effective April 11, 2027, the Unit will receive an across the board increase of three percent (3.0%). 1 of 2

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Docusign Envelope ID: 607B6B7D-D319-45D7-BD36-B3A6AFD3AD12 For the SMMEA: For the City:
_________ _______
Kevin Kobayashi Stacey Cue, IEDA
4/2/2025 4/2/2025
Date: __________ Date:____________
2 of 2

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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SAN MATEO MANAGEMENT ASSOCIATION
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #4

TENTATIVE AGREEMENT
March 28, 2025
MOU SECTION: Section 6 Temporary Upgrade Pay and Work Out of Class Pay Intent: Clarify that Temporary Upgrade Pay (TUP) and Work Out of Class (WOC) Pay must be a minimum of one (1) pay period. Update language to ensure compliance with CalPERS and Public Employees’ Retirement Law (PERL).

Clarify the difference between TUP and WOC.

LANGUAGE:

6.0 SPECIAL PAY

6.2 Temporary Upgrade Acting Pay (AP)
In the event a Department Head determines that it is necessary to assign an employee to perform all of the duties of a higher paid classification, he/she the employee shall receive the rate of pay be entitled to payment for the higher classification. If an AP assignment is in a different bargaining unit, the employee will retain the benefits of their actual position. for the entire duration of the assignment. Such rate of pay shall be at least five percent (5%) higher than the employee's current rate of pay except that if circumstances warrant, the City Manager may authorize a different salary in the established salary range.

In the event the City Manager appoints an employee in a Department Head temporary upgrade AP assignment, the employee shall be paid a salary for the entire duration of the assignment which is the average of the established salary for the Department Head and the employee's current salary, except that if circumstances warrant, the City Manager may authorize a different salary in the established salary range. No additional differential ls shall be paid in addition during such period in a Department Head temporary upgrade AP assignment.

AP assignments shall be no less than one (1) full pay period. An employee working less than one (1) full pay-period may receive differential pay for working out of their existing classification as defined by Section 6.3 Differential Pay.

Except with the approval of the City Manager, a temporary upgrade assignment shall not continue for longer than one year.

In the event that the Department Head or the City Manager decides to assign all the duties of a vacant Department Head or Division Head position to a "Management Team," the cost of City Proposal #4 1 of 3

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paying one of the management employees temporary upgrade pay to fill the vacancy will be split between the members of the "Management Team" and be paid as a work out of class differential (not temporary upgrade pay) for the duration of the assignment.

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

TUP assignments shall be no longer than six (6) months in duration, unless an extension has been approved by the City Manager. The total TUP duration with an approved extension shall not exceed one (1) year.

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

6.2.B. Work Out of Class
Work Out of Class (WOC) appointments shall only be made for vacant positions during active recruitment. Gov. Code Section 20480 of the Public Employees’ Retirement Law (PERL) defined an “out-of-class appointment” to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a "vacant position" refers to a position that is vacant during active recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee' s leave of absence (see “Temporary Upgrade Pay” above).

For the purposes of this section, “active recruitment” is defined as the period of time commencing with the execution of the approved recruitment timeline.

WOC assignments shall be no longer than six (6) months in duration per fiscal year.

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

6.3 Work Out of Class Differential Pay (DP)
If an employee performs a significant portion but not all of the duties of a higher paid classification for a minimum of one (1) shift, the employee may, upon department head approval, qualify for a differential pay (DP) to be determined by duties and level of complexity assigned.

When an employee performs a significant portion but not all of the duties of a higher paid classification, the employee may petition their department head for approval to receive a differential in pay to be determined by duties assigned for this work out of class.

City Proposal #4 2 of 3

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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: PUBLIC HEARING Account Number: 10-2021 File ID: 25-9783 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Finance Department
MEETING DATE: April 07, 2025
SUBJECT:

Fiscal Year 2025-26 Comprehensive Fee Schedule — Approval RECOMMENDATION:

Adopt a Resolution to approve the revisions to the proposed fiscal year 2025-26 Comprehensive Fee Schedule.

BACKGROUND:

Section 3.64.010 of the San Mateo Municipal Code requires the City Manager to submit the City’s fee schedule to the City Council for approval prior to submittal of the annual budget. It is the City's policy and practice to increase fees annually by Consumer Price Index (CPI) for the San Francisco Bay Area. The proposed increases reflect the City's increase in materials and maintenance costs incurred in providing services. The City uses the CPI from the previous October, which is the most recent data available at the beginning of the review process (CPI for 2025-26 is 2.4% from November 2023 to October 2024). Certain fees are adjusted using other formulas including the San Francisco, CA Construction Cost Index (CCI) which was -0.8% this year. Other adjustments to fees are made periodically as deemed necessary to reflect actual staff costs, market alignments, or to comply with policy. The proposed fee adjustments are based on the annual CPI increase, a periodic adjustment, or are the result of detailed analyses of the cost for providing specific programs/activities. Parks and Recreation fees were reviewed by the Park and Recreation Commission at its February 5, 2025 meeting. Library fees were reviewed by the Library Board at its February 24, 2025, meeting. All fees will become effective July 1, 2025, except where otherwise noted. Sewer service charges are set separately by ordinance and are not part of this fee revision process.

Tables summarizing the new fees and various fee changes including those in excess of CPI are provided in Attachment 4.

BUDGET IMPACT:

The changes to fees, including new fees, for fiscal year 2025-26 are estimated to have no additional impact on the 2025-26 budget.

ENVIRONMENTAL DETERMINATION:

This Comprehensive Fee Schedule update for fiscal year 2025-26 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. In accordance with Government Code sections 66018 and 6062a, notice of the fee increases was published twice, beginning 10 days in advance of the public hearing. Prior to the meeting, City staff made the data available for the public, indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied, and the receiving fund of the fee revenue.

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CITY OF SAN MATEO

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Proposed Comprehensive Fee Schedule FY 2025-26
Att 3 - Redline Proposed Comprehensive Fee Schedule FY 2025-26 Att 4 - Tables Summarizing Changes

STAFF CONTACT
Karley Toffey, Senior Management Analyst
[email protected]
(650) 522-7106
Karen Huang, Finance Director
[email protected]
(650) 522-7110

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CITY OF SAN MATEO
RESOLUTION NO. ___ (2025)
ESTABLISHING A COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2025-2026 WHEREAS, the City reviews its Comprehensive Fee Schedule on an annual basis; and WHEREAS, it is the City’s policy and practice to establish service fees sufficient to recover its costs, including inflation, based on increases to the Consumer Price Index, the Construction Cost Index, and to eliminate or reduce fees that are obsolete, no longer applicable to services provided, or succeeded by state or county agencies; and
WHEREAS, the increase to the Consumer Price Index from November 2023 to October 2024 is 2.4% and the Construction Cost Index is -0.8% from March 2024 – February 2025 and will be reflected in the fiscal year 2024-2025 budget; and
WHEREAS, fee increases in excess of the 2.4% CPI factor are appropriate, when based on increases in the City’s actual costs or market analyses, as follows:
•Park In-Lieu/Park Impact Fees
•Various Golf Fees
•Vehicle Releases – Impounded/Stored Vehicles
•Police Outside Detail Rates
•Public EV Charging Stations
WHEREAS, exceptions to reliance on the Consumer Price Index include the Wastewater Capacity Charge, Transportation Improvement Fees, and Commercial Linkage Fees, which are based on the cost of construction, and annual adjustments are therefore made in accordance with the San Francisco, CA Construction Cost Index; and
WHEREAS, in accordance with Government Code section 66016, the Council held a public hearing to consider these fee increases on April 7, 2025; and
WHEREAS, in accordance with Government Code section 66019, at least ten days prior to the public hearing, the City made data available to the public supporting the need for fee increases.

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

1. The approval of a Comprehensive Fee Schedule 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 impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

2. The fees included in the Comprehensive Fee Schedule are approved.

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6 2
2 7

3. All fees shall become effective July 1, 2025, except where otherwise noted.

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Proposed
Comprehensive Fee Schedule
July 1, 2025 - June 30, 2026

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CITY OF SAN MATEO

COMPREHENSIVE FEE SCHEDULE
Table of Contents
Parks & Recreation…………………………………………………………….........…8.1
Police……………………………………………………………………….…….....…9.1
Library……………………………………………………………………………........7.1
City Clerk's……………………………………………………………………….....1.1
Community Development
Building…………………...…………..……..…...………………..…....2.1
Code Enforcement………………………………………...………….....3.1
Planning………………...…………..………..…...……………...….…..4.1
Finance…………………………………………...………………………...……....….5.1
Information Technology………………………………………………………….....…6.1
Effective July 1, 2020, customers using credit/debit cards to pay for services will be charged a service fee payable to the City's merchant service provider at the rate of 2.6%+ in addition to the cost of services. The credit card service fee will be reflected as a separate transaction on your credit card statement. As an alternative, checks and money orders are acceptable by mail or cash, check, e-check and money orders in person at City facilities.

Public Works…………………………………………………………………............10.1
Penalties & Interest……………………………………………………………...…....11.1 Impact, In-lieu, and Linkage Fees…………………………………………....…...…..12.1

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UNIT FEE
I. ELECTION DOCUMENT COPIES Per Page $0.10
II. PHOTOCOPIES Per Page $0.15
III. OUTSIDE SERVICES
Reproductions not performed by City (maps, photos, etc.). Per Reproduction Actual Costs IV. CERTIFICATIONS Each $1.50
V. APPEALS to the City Council of a decision by the Planning Commission, Community Relations Commission, Sustainability and Infrastructure Commission, or Hearing Officer. Each Appeal $565.00 VI. INITIATIVE FILING FEE Each $200.00

CITY CLERK

DESCRIPTION OF SERVICES

Page 1 ends

San Mateo City CouncilApril 7, 2025

San Mateo City Council
April 7, 2025