CITY COUNCIL AGENDA REGULAR MEETING CITY OF HALF MOON BAY TUESDAY, OCTOBER 03, :00 PM

Transcription

1 CITY COUNCIL AGENDA REGULAR MEETING CITY OF HALF MOON BAY TUESDAY, OCTOBER 03, 2017 Adcock Community/Senior Center Debbie Ruddock, Mayor 535 Kelly Avenue Deborah Penrose, Vice Mayor Half Moon Bay, California Adam Eisen, Councilmember Rick Kowalczyk, Councilmember Harvey Rarback, Councilmember 7:00 PM This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration. Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk. Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec ) Information may be obtained by calling In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk s Office at A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR ADA Title II). MEETING WILL CONCLUDE BY 11:00 PM UNLESS OTHERWISE EXTENDED BY COUNCIL VOTE 1

2 CONVENE REGULAR MEETING ROLL CALL / PLEDGE OF ALLEGIANCE PROCLAMATIONS AND PRESENTATIONS MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE REPORT OUT FROM RECENT CLOSED SESSION MEETINGS CITY MANAGER UPDATES TO COUNCIL POPLAR BEACH UPDATE GRANTS WRITING UPDATE PUBLIC FORUM 1. CONSENT CALENDAR 1.A WAIVE SECOND READING OF RESOLUTIONS AND ORDINANCES 1.B ADJUSTMENTS TO THE PARKS AND RECREATION USER FEES SCHEDULE SECOND READING STAFF REPORT RESOLUTION 1.C TREASURER S REPORT FOR THE QUARTER ENDING JUNE 30, 2017 STAFF REPORT ATTACHMENT 1 1.D PURCHASE OF PG&E RULE 20A CREDITS FROM CITY OF SONORA STAFF REPORT RESOLUTION 1.E GRAND JURY REPORT - LAW ENFORCEMENT AND USE OF SURVEILLANCE TECHNOLOGY STAFF REPORT RESOLUTION ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 2

3 2. ORDINANCES AND PUBLIC HEARINGS 3. RESOLUTIONS AND STAFF REPORTS 3.A MAIN STREET BRIDGE REHABILITATION PROJECT STAFF REPORT RESOLUTION 3.B POTENTIAL MAIN STREET PEDESTRIAN AND BICYCLE BRIDGE STAFF REPORT ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS CITY COUNCIL REPORTS ADJOURNMENT 3

4 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY For meeting of: October 3, 2017 AGENDA REPORT TO: VIA: FROM: Honorable Mayor and City Council Magda Gonzalez, City Manager Matthew Chidester, Deputy City Manager Danielle Sanderson, Senior Management Analyst TITLE: ADJUSTMENTS TO THE PARKS AND RECREATION USER FEES SCHEDULE SECOND READING RECOMMENDATION: Waive second reading and adopt a resolution authorizing adjustments to the City of Half Moon Bay Parks and Recreation User Fees Schedule for Fiscal Year FISCAL IMPACT: The proposed schedule, if adopted, decreases rates for private use of City owned recreational facilities by non profit entities. All other fees remain as previously adopted. The City does not currently have long term data on revenues for the rental of recreation facilities. However, it is estimated that revenues will decrease as a result of reduced rates. STRATEGIC ELEMENT: This action supports the Fiscal Sustainability and Inclusive Governance Elements of the Strategic Plan. BACKGROUND: On May 16, 2017, the City Council adopted the Half Moon Bay Parks and Recreation User Fees Schedule for Fiscal Year , including fees for the private use of City owned recreation facilities (User Fees). The basis for the adopted User Fees were the published 2017 fees from the prior recreation services contractor, the Boys and Girls Club. Following adoption of the User Fees, the City was informed that for many of the non profits that were regular users of City facilities, rates had increased significantly. Further investigation revealed that these non profits had not been charged the published rates, but rather discounted and inconsistent rates. The disparity between the previously charged rates and the City s adopted rates made it prohibitive for some non profits to continue to utilize City facilities. Page 1 of 2 Agenda Item # 1.B. 4

5 At the September 5, 2017 City Council meeting, City staff made a presentation to provide background on the history of recreation services and user fees in Half Moon Bay, details on the transition to in house recreation services, concerns expressed by the public, and current practices. After a lengthy discussion, the City Council directed staff to reduce the already discounted non profit rates for rental of City owned recreation facilities, eliminate cleaning fees and security deposits for non profit weekday rentals, and reduce security deposits for nonprofit evening and weekend rentals. The City Council also affirmed the City s minimum insurance requirement of $2 million in general liability for all facility rentals, as recommended by the City s insurance pool provider, the Association of Bay Area Governments (ABAG). At the September 19, 2017 City Council meeting, staff presented the revised fee schedule for Council consideration and adoption. A Public Hearing was held, and after discussion, the Council adjusted the proposed weekend and evening rates for non profits. All other proposed changes were accepted. DISCUSSION: The attached Half Moon Bay Parks and Recreation User Fees Schedule for FY has been modified to reflect the direction provided by the Council on September 5 and September 19. The non profit weekday rates for facility rentals have been decreased by approximately 50 percent from previously adopted rates, and the non profit after hours and weekend rates are equal to double the new non profit weekday rates. Adjustments have been made to the cleaning fee and security deposit requirements for non profit rentals. All other user fees remain as approved on May 16, The City hopes that these adjustments to the rates and requirements allow more non profits to utilize the City s facilities to provide important services and cultural and social activities for the benefit of the community, specifically, seniors and individuals with low to moderate incomes. Staff recommends adoption of the revised fees, which will be implemented immediately. For non profit organizations who have pre paid for events following implementation of the new fees, staff will adjust the rates and offer refunds where necessary. ATTACHMENT: Resolution authorizing adjustments to the Parks and Recreation User Fees Schedule for Fiscal Year Page 2 of 2 Agenda Item # 1.B. 5

6 Resolution No. C 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING ADJUSTMENTS TO THE CITY OF HALF MOON BAY PARKS AND RECREATION USER FEES SCHEDULE FOR FISCAL YEAR WHEREAS, in July 2017, the City created a Recreation Services Division, as the contract for the previous recreation services provider had expired on June 30, 2017; and WHEREAS, the City Council previously adopted the Parks and Recreation User Fees Schedule for Fiscal Year , including fees for the private use of City owned recreation facilities; and WHEREAS, following adoption of the User Fees, the City was informed that for many of the non profits that were regular users of City facilities, rates had increased significantly, and it was revealed that these non profits had not previously been charged the published rates, but rather discounted and inconsistent rates; and WHEREAS, on September 5 and September 19, 2017, City staff made presentations to the City Council and a Public Hearing was held regarding recreation services in Half Moon Bay; and WHEREAS, the City Council instructed staff to develop a revised Parks and Recreation User Fees Schedule with further reduced rates for non profits to rent City owned recreation facilities; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby adopts the modified Parks and Recreation User Fees Schedule (Exhibit A) for Fiscal Year ***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 3 rd day of October, 2017 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers: ATTEST: Jessica Blair, City Clerk APPROVED: Debbie Ruddock, Mayor 6

7 CITY OF HALF MOON BAY RECREATION FACILITY RENTAL FEE SCHEDULE Capacity Grand Oak Room Dining: 200 Auditorium: 400 Oak Room Dining: 120 Auditorium: 240 Manzanita Room Dining: 80 Auditorium: 160 Tree Rooms Dining: 20 Auditorium: 80 Day Rooms Meeting Space only Sun Room Meeting Space only Train Depot Meeting Space only Smith Field #3 N/A Week Day Rate (9am 5pm) $60 per hour $40 per hour $25 per hour $20 per hour $20 per hour $20 per hour $30 per hour $20 per hour or $55 per hour w/lights Weekend/ Week Day Rate (after 5pm) $125 per hour $100 per hour $60 per hour $35 per hour $35 per hour $35 per hour $35 per hour $20 per hour or $55 per hour w/lights Non Profit Week Day Rate (9am 5pm) $25 per hour $15 per hour $10 per hour $10 per hour $10 per hour $10 per hour $10 per hour $20 per hour or $55 per hour w/lights Non Profit Weekend Rate/Week Day (after 5pm) $50 per hour $30 per hour $20 per hour $20 per hour $20 per hour $20 per hour $20 per hour $20 per hour or $55 per hour w/ lights Standard Security Deposit Non Profit Weekend Security Deposit Cleaning Fee (Waived for Non Profit weekday rentals) $500 $300 $200 $100 $100 $100 $100 N/A $300 $200 $100 $100 $100 $100 $100 N/A $168 $168 $168 $168 $168 $168 $168 N/A 7

8 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY For meeting of: October 3, 2017 AGENDA REPORT TO: VIA: FROM: Honorable Mayor and City Council Magda Gonzalez, City Manager Yulia Carter, Finance Director / City Treasurer TITLE: TREASURER S REPORT FOR THE QUARTER ENDING JUNE 30, 2017 RECOMMENDATION: By motion, accept the Treasurer s Report for the quarter ending June 30, FISCAL IMPACT: The City s cash and investment portfolio, at fair market value, as of June 30, 2017 is $60,721,202, of which $7,992,322 is placed with the State Controller s Local Agency Investment Fund (LAIF), $39,893,466 is placed with the San Mateo County Treasurer s Investment Pool, $10,545,855 is U.S. government backed securities, $2,287,865 is in operating accounts, $694 is in Money Market Accounts and $1,000 is in petty cash. The investment placed with LAIF includes $749,907 of Bond Funds. The City s investment portfolio increased by $942,962 this reporting quarter compared to last quarter. The increase is primarily attributable the timing of the receipt of certain revenues, including property taxes and franchise fees. The average yield on investments in this quarter is.79% which increased from the previous quarter. The Treasurer s Report (Attachment 1) includes detail of cash and investments which were held by institutions. In accordance with Government Code Section et seq., the City s Treasurer is to provide the City Council with a report on investments on a quarterly basis. As shown in the Treasurer s Report (Attachment 1), the City s investments are in external investment pools listed at cost, as well as its fair value, not amortized cost, in compliance with Governmental Accounting Standard Statement 31. The City s investment practices strictly follow Government Code Section et seq., the City s investment policy, and a prudent person s rule. STRATEGIC ELEMENT: This recommendation supports the Fiscal Sustainability and Inclusive Governance Elements of the Strategic Plan. Page 1 of 2 Agenda Item # 1.C. 8

9 ATTACHMENT: Treasurer s Report for the quarter ending June 30, 2017 Page 2 of 2 Agenda Item # 1.C. 9

10 10

11 11

12 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY For meeting of: October 3, 2017 AGENDA REPORT TO: VIA: FROM: Honorable Mayor and City Council Magda Gonzalez, City Manager John Doughty, Public Works Director Brian Lee, PE, Senior Project Manager TITLE: PURCHASE OF PG&E RULE 20A CREDITS FROM CITY OF SONORA RECOMMENDATION: 1. Authorize staff to negotiate and execute an agreement with the City of Sonora for purchase and transfer of $400,000 Of PG&E Rule 20A Work Credits at a cost of $200,000 to supplement PG&E Rule 20A credits for the Correas Street Underground Utility District (UUD ). 2. Amend the FY Budget to transfer $200,000 from the unappropriated balance of the General Fund to the General Capital Fund (F25) and appropriate the same amount in the General Capital Fund Correas Street Underground project ( ) to secure necessary funding level to complete the project. FISCAL IMPACT: The City has accrued $910,044 in Rule 20A credits. Based upon new estimates from PG&E, an additional $400,000 in Rule 20A credits is needed to complete the project. Staff is requesting appropriation of $200,000 of the unappropriated General Fund reserve to cover the cost of the purchase of credits. BACKGROUND: On June 21, 2016, the City Council formed the Correas Street Underground Utility District (UUD ). The purpose of the district is to place overhead utilities (electrical, cable tv, phone, and internet) underground on the 600 block of Correas Street and the adjoining Purissima Street under the California Public Utilities Commission Rule 20A and Rule 32 programs. At the time of district formation, the City had $418,425 in PG&E Rule 20A credits on hand. In June 2016, the City Council authorized and approved purchase of $437,189 in credits from Foster City. In July 2017, an additional $54,430 was purchased from Foster City; resulting in a total of $910,044 in Rule 20A credits. Page 1 of 3 Agenda Item # 1.D. 12

13 The City hired Bellicci and Associates, to complete the design for substructure work related to the Correas Street UUD project. The project was advertised during spring 2017 with bids opened on June 8, The low bid was submitted by Tennyson Electric at $1,474,121. This bid was higher than the Engineer s Estimate. Staff recommended, and the City Council concurred, that the bid was responsible and responsive given the current bidding environment. At the time of contract award, based upon preliminary PG&E cost estimates (along with negotiated adjustments with the contractor), the amount of remaining credits was considered sufficient. On August 29, 2017, City staff met with PG&E representatives. At this meeting, PG&E provided their updated cost estimate PG&E related costs. This new estimate identified a need for substantially more Rule 20A credits to complete the PG&E portion of the work. DISCUSSION: Rule 20A funds are used both by the City (Tennyson Electric) and PG&E to install and splice conductors, convert electrical panels on buildings, and remove overhead facilities. This work is highly specialized and highly dependent upon a working collaborative between the City and PG&E. Over the last two (2) years the City and PG&E have worked closely to move this underground project forward expeditiously to assure the work seamlessly coincides with street reconstruction and completion of the new Library. The project remains on schedule with both the City s contractor and with PG&E. Remaining on schedule is dependent upon the City providing PG&E evidence of sufficient Rule 20A credits to complete the entire project. As indicated earlier, PG&E provided a cost estimate to the City which would have necessitated an additional approximate $750,000 in Rule 20A credits. Discussion ensued around ways to reduce PG&E costs and ways to improve cost efficiencies between City and PG&E work. Both PG&E and City staff have been working to refine the scope of work and costs associated with the work. The City successfully negotiated a reduction of $162,966 in credits associated with pavement restoration (as a result of utility potholing, it was determined that Correas Street requires reconstruction due to a lack of adequate sub base). Staff met with the City Council Finance Subcommittee on September 5, 2017 to discuss the PG&E estimate and options for addressing the shortfall. The options recommended by the subcommittee included: 1) negotiating with PG&E to reduce their costs (included in this was a request that PG&E share their costs and justify the merit of charging what appears to be excessive amounts for inspection, overhead, and contingency); and 2) pursue purchase / loan of additional credits to complete the project. The Finance Subcommittee acknowledged the opportunity is now to complete this work and that significant funds had already been committed and spent toward completion of the undergrounding project. On September 22, 2017, PG&E provided the City with a revised cost estimate which included reductions of their overhead and contingency costs. This revised estimate resulted in a shortfall Page 2 of 3 Agenda Item # 1.D. 13

14 of $328,515 in Rule20A credits. The City is requesting City Council authorization to purchase $400,000 in credits. The additional $71,485 in credits would provide the City with contingency funding to cover design, oversight and construction. Rule 20A credits not used for the project will be available for future undergrounding projects in the City or could eventually be sold to another jurisdiction should the City no longer need the credits. The City of Sonora has indicated a willingness to sell their credits to the City of Half Moon Bay. Sonora is requesting that the minimum amount of transfer be $400,000 which equates to.50 per dollar of credit. Staff is recommending purchase of $400,000 in Rule 20A credits from the City of Sonora. The City has expended significant funds and efforts to form the UUD, develop construction drawings, bid the project, and commence work to meet project schedules. While staff would have preferred that PG&E cost estimates were lower, we recognize that the current bidding environment is unprecedented and is extremely challenging for all parties. Staff is appreciative that PG&E worked with Staff to reduce their costs. The City has a unique opportunity to improve safety and aesthetics in the Correas Street area. As such, Staff recommends proceeding with the purchase of the Rule 20A credits and completion of the project. ATTACHMENT: Resolution authorizing the City Manager to negotiate and execute an agreement with the City of Sonora Page 3 of 3 Agenda Item # 1.D. 14

15 Resolution No. C 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SONORA AND CITY OF HALF MOON BAY IN PURCHASING RULE 20A WORK CREDITS WHEREAS,, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Rule 20 and Telecommunication Rule 32; and WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric and telecommunication distribution and service facilities will be converted to underground; and WHEREAS, each calendar year Pacific Gas & Electric Company (PG&E) allocates to various municipalities credits for conversion of overhead electric distribution lines and facilities underground, known as Rule 20A allocations; and WHEREAS, the City of Sonora has available Rule 20A Work Credits and has offered the City of Half Moon Bay to purchase annual Rule 20A credits at a cost of $0.50 per $1.00 Rule 20A Work Credits; and WHEREAS, has indicated to the City of Half Moon Bay that the City s Rule 20A Work Credits in the amount of $910,000 are insufficient to cover the total cost for Correas Street UUD project and that additional Rule 20A Work Credits are required to approve funding PG&E s portion of the work; and WHEREAS, PG&E has agreed that the City may borrow against future Work Credits or obtain Work Credits from other jurisdictions sufficient to complete overhead to underground conversion projects; and WHEREAS, upon the recommendation of the Public Works Director, the City Council of the City of Half Moon Bay has determined the need for future Rule 20A Work Credits. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby: 1) approves the MOU as contained in Exhibit "A" to this Resolution with the City of Sonora and purchase PG&E's Rule 20A Work Credits at a cost of $0.50 per $1.00 Rule 20A Work Credits; 2) amends the FY budget to transfer $200,000 from unappropriated fund balance in the General Fund (Fund 01) to the General Capital Fund (Fund 25); and 15

16 3) appropriates $200,000in the General Capital Fund Correas Street UUD ( ) in the FY budget for the purchase of the Rule 20A Work Credits from the City of Sonora. ***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 3 rd day of October, 2017 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers: ATTEST: APPROVED: Jessica Blair, City Clerk Debbie Ruddock, Mayor 16

17 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into the day of, 2017 (Effective Date), by and between the City of Sonora (SONORA) and the City of Half Moon Bay (HMB). SONORA and HMB are sometimes individually referred to herein as Party, and collectively as Parties. RECITALS A. Electric Utilities collect and allocate credits to communities to convert overhead electric facilities to underground electric facilities. These credits are commonly referred to as Rule 20A Funds. The amount of said funds allocated by Pacific Gas and Electric Company (PG&E) to SONORA is hereafter referred to as the CITY Allocation. B. HMB has identified a need for additional Rule 20A Credits for the Correas Street UUD Project and potential future Rule 20A projects. C. On, 2017, the SONORA City Council authorized the SONORA City Administrator (Timothy A. Miller) to enter into this agreement with HMB for the transfer of accrued CITY Allocation. AGREEMENT NOW, THEREFORE, the Parties hereto agree as follows: 1. Recitals. The recitals set forth above ( Recitals ) are true and correct and are hereby incorporated into and made part of this MOU by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 24 of this MOU, Sections 1 through 24 shall prevail. 2. Assignment of Rights. SONORA agrees to assign, for use by HMB, its rights and interests in the CITY Allocation to HMB, and HMB agrees to acquire, for consideration, the CITY Allocation in accordance with the terms of this MOU. This MOU shall be subject to the approval of the Parties, and shall become effective on the date when both such approvals have been obtained (Effective Date). Notwithstanding the foregoing, if this MOU has not become effective as of December 31, 2017, then either Party may terminate this MOU with five (5) business days written notice to the other Party without incurring any liability, costs, or further 17 {CW }

18 obligations to the other party or any third party. Written notice shall be given pursuant to Section 10, Notices. 3. Term. HMB shall purchase the CITY Allocation once on the Effective Date of the agreement, at a purchase price of $0.50 per $1.00 of CITY Allocation Credits. 4. Payment of Acquisition Price. Within thirty (30) business days of the Effective Date, HMB shall make the payment to SONORA in the amount of Two Hundred Thousand Dollars ($200,000.00) for the purchase of Four Hundred Thousand Dollars ($400,000.00) in currently available CITY Allocation credits. The calculated payment amount of Two Hundred Thousand Dollars ($200,000.00) shall be known as the Acquisition Price. Payment shall be made in immediately available funds via check or wire transfer to an account designated by SONORA. The Acquisition Price shall constitute full consideration for the transfer and assignment of the CITY Allocation. 5. Transfer and Assignment of City Allocation. Within five (5) business days of SONORA s receipt of the Acquisition Price from HMB, SONORA shall deliver a written request to PG&E, with a copy to HMB, making a formal request to transfer and assign the CITY Allocation, for which payment was made at a rate of $0.50 for each $1.00 credit, to and for the benefit of HMB. SONORA shall cooperate in good faith with HMB to provide any additional documentation or information that is reasonably requested by PG&E to complete the transfer. In the event that PG&E is unable to complete the transfer, SONORA shall return Acquisition Price to HMB within ten (10) business days of PG&E s notification to SONORA. 6. Representations. HMB acknowledges and agrees that it has conducted its own investigation as to the applicability and transferability of CITY Allocation for use in HMB projects. SONORA has not made any representation or warranty to HMB with respect to same. The actual use of CITY Allocation by HMB shall be subject to the rules and procedures adopted by PG&E, the California Public Utilities Commission and such other conditions or requirements as are set forth in the Public Utilities Code. 7. Indemnification. HMB shall indemnify, defend (with counsel reasonably acceptable to SONORA), and hold harmless SONORA, its elected officials, officers, employees, agents, contractors, and attorneys, from and against any and all demands, claims, actions, causes of action, damages, losses, liabilities, or expenses of any nature whatsoever, including those for reasonable attorney s fees, arising from the use of CITY Allocation in connection with the construction of any HMB project. HMB s 18 {CW }

19 indemnification of SONORA from such claims and demands arising from the use of CITY Allocation shall apply regardless of the merit or outcome of any such claim or suit, and regardless of whether the nature of such claim or suit is administrative, judicial, or legislative. 8. Acknowledgement. HMB acknowledges that it has read Section 7, pertaining to HMB s indemnification of SONORA, and fully understands its terms. HMB acknowledges, knows, and understands that it is signing the MOU freely and voluntarily. 9. Termination for Breach. In the event that either Party is in breach of its obligations as set forth in this MOU, then the non-defaulting Party shall have the right to terminate this MOU on ten (10) business days written notice to the defaulting Party unless the default is cured within the notice period. Upon termination for breach, the non-defaulting Party may exercise any right or remedy which it may have under applicable law. If HMB has paid the Acquisition Price to SONORA and the CITY s Allocation has not been transferred to HMB at the time that this MOU is terminated pursuant to this Section 7, SONORA will, within ten (10) business days of the termination, return that Acquisition Price to HMB. 10. Notices. All notices to be given pursuant to this MOU shall be delivered in person, by registered or certified U.S. mail (return receipt requested), by Federal Express, UPS, or other similar commercial couriers providing overnight delivery, or by facsimile. All notices shall be sent and addressed to the representative of the Party that signs this MOU on behalf of the Party. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, (b) on the date delivered as shown on a receipt issued by an overnight courier, or (c) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at the addresses in this paragraph set forth below: 19 {CW }

20 If to HMB: If to SONORA: City of Half Moon Bay Attn: Magda Gonzalez 501 Main Street Half Moon Bay, CA Phone: (650) Facsimile: ( ) City of Sonora Attn: Timothy A. Miller 94 Washington Street Sonora, CA Phone: (209) Facsimile: ( ) With a Copy to: Churchwell White LLP Attn: Douglas L. White 1414 K Street, Floor 3 Sacramento, CA Phone: (916) Facsimile: ( ) 11. Headings. Headings used in this MOU are for reference purposes only and shall not be considered in construing this MOU. 12. Authority to Enter MOU. Each person executing this MOU on behalf of the Parties represents and warrants that he or she is duly authorized to execute and deliver this MOU on behalf of SONORA or HMB, and that this MOU is binding on SONORA and HMB in accordance with its terms and conditions. 13. Binding Effect. This MOU shall inure to the benefit of and be binding upon the Parties hereto and their representative heirs, successors, and assigns. 14. No Assignment. No Party shall assign or transfer, by operation of law or otherwise, any or all of its rights or obligations under this MOU without the prior written consent of the other Party and formal written modification. 15. No Third-Party Beneficiaries. Nothing contained in this MOU shall be construed to create any rights in third parties and the Parties do not intend to create any such rights. 20 {CW }

21 16. Modification. This MOU may be modified or amended only by a writing duly authorized and executed by SONORA and HMB. 17. Governing Law and Venue. This MOU shall be governed and construed in accordance with the laws of the State of California, and any action brought relating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of San Mateo or Tuolumne unless transferred by court order pursuant to Code of Civil Procedure section Compliance with Applicable Law. Each Party shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 19. Waiver. A waiver by either Party of any breach of any term, covenant, or conditions contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character, unless specifically stated in writing. 20. No Party Deemed to be Draftsman. The terms of this MOU shall be construed in accordance with the meaning of the language used, and shall not be construed for or against either Party by reason of the authorship of the MOU or any other rule of construction which might otherwise apply. 21. Severability. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. 22. Attorney s Fees. In the event of any dispute or legal action arising under this MOU, the prevailing Party shall not be entitled to attorney s fees. 23. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 24. Entire MOU. This MOU contains the entire agreement between the City and HMB relating to the services, rights, obligations, and covenants contained herein and assumed by the Parties respectively. Any prior or other agreements or representations between the City and HMB regarding those matters are null and 21 {CW }

22 void unless expressly set forth in this MOU. No oral understanding or agreement not incorporated in the MOU is binding on any of the Parties. IN WITNESS WHEREOF, SONORA and HMB have executed this contract on the day and year first herein above set forth. [SIGNATURE PAGE FOLLOWS] 22 {CW }

23 CITY OF SONORA Dated: Timothy A. Miller, City Administrator ATTEST: Dated: Marijane Cassinetto, City Clerk APPROVED AS TO FORM Dated:, City Attorney CITY OF HALF MOON BAY Dated: Magda Gonzalez, City Manager ATTEST: Dated: Jessica Blair, City Clerk APPROVED AS TO FORM Dated:, City Attorney {CW }

24 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY For meeting of: October 3, 2017 AGENDA REPORT TO: VIA: FROM: Honorable Mayor and City Council Magda Gonzalez, City Manager Matthew Chidester, Deputy City Manager TITLE: GRAND JURY REPORT, LAW ENFORECEMENT AND USE OF SURVEILANCE TECHNOLOGY RECOMMENDATION: Adopt a resolution approving the City s response to the findings and recommendations from the San Mateo County Grand Jury Report, entitled A Delicate Balance: Privacy v Protection, and authorize the Mayor to sign the response letter on the Council s behalf. FISCAL IMPACT: There is no fiscal impact associated with this action. STRATEGIC ELEMENT: This action supports the Public Safety and Inclusive Governance Elements of the Strategic Plan. BACKGROUND: On July 12, 2017, the San Mateo County Civil Grand Jury issued a report titled A Delicate Balance: Privacy vs. Protection. The report identifies surveillance technology currently being utilized by law enforcement agencies in the County, policies for collecting, managing and storing surveillance data, precautions taken to ensure public awareness, and any forthcoming plans for ordinances related to the purchase and deployment of surveillance technology. The report also makes recommendations for law enforcement agencies to inform the public of their use of surveillance technology, survey the community to better understand the purpose and intent of the surveillance technology, and create ordinances or policies on use of surveillance technology. The City is required to respond to the findings and applicable recommendations by October 10, DISCUSSION: The City of Half Moon Bay contracts with the San Mateo County Sheriff's Office for Law Enforcement Services. The Sheriff s Office performs community outreach and develops policies regarding its use of surveillance technology. The Sheriff s Office has reviewed the findings and Page 1 of 2 Agenda Item # 1.E. 24

25 recommendations in the Grand Jury report and its responses are attached. The City s response acknowledges and attaches the Sheriff s response. The City will continue to work with the Sheriff s Office to ensure the services they provide in Half Moon Bay are appropriate and in the best interest of the community. ATTACHMENTS: 1. Resolution approving the City s response to the findings and recommendations the 2017 Grand Jury Report on Law Enforcement and the use of surveillance technology 2. City of Half Moon Bay Response Letter to the Grand Jury 3. San Mateo County Sheriff s Office Response Letter to the Grand Jury 4. Grand Jury Report Page 2 of 2 Agenda Item # 1.E. 25

26 Resolution No. C 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY APPROVING THE CITY S RESPONSE REGARDING FINDINGS AND RECOMMENDATIONS FROM THE SAN MATEO COUNTY GRAND JURY REPORT, ENTITLED, A DELICATE BALANCE: PRIVACY AND PROTECTION WHEREAS, On July 12th, 2017, the San Mateo County Civil Grand Jury issued a report entitled A Delicate Balance: Privacy and Protection ; WHEREAS, the City of Half Moon Bay contracts with the San Mateo County Sheriff's Office for Police Services, including developing policies relating to law enforcement s use of surveillance technology; WHEREAS, the Sheriff s Office issued a response to the findings and recommendations of the Grand Jury Report; WHEREAS, the City acknowledges the Sheriff s Office response to the findings and recommendations of the Grand Jury Report; and WHEREAS, The City of Half Moon Bay will continue to work with the Sheriff s Office to ensure the services they provide under the contract are appropriate and in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby approves the City s response to the findings and recommendations from the San Mateo County Grand Jury Report entitled A Delicate Balance: Privacy v Protection. ***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 3 rd day of October, 2017 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers: ATTEST: APPROVED: Jessica Blair, City Clerk Debbie Ruddock, Mayor 26

27 CITY OF HALF MOON BAY 501 Main Street Half Moon Bay, CA October 3, 2017 Honorable Leland Davis, III Judge of the Superior Court c/o Charlene Kresevich Hall of Justice 400 County Center, 2 nd Floor Redwood City, CA RE: GRAND JURY REPORT: A DELICATE BALANCE: PRIVACY v. PROTECTION Honorable Judge Davis, As you are aware, the City of Half Moon Bay contracts with the San Mateo County Sheriff s office for law enforcement services. In response to Grand Jury Report, entitled A Delicate Balance: Privacy v. Protection, the Sheriff s Office has provided the attached response. The City of Half Moon Bay is committed to balancing community goals of privacy, transparency, and public safety, as well as complying with this evolving area of state law. We will continue to work closely with the Sheriff s Office inform and educate the community on the use of surveillance tools and the specific recommendations made by the Grand Jury. In closing, the City of Half Moon Bay thanks the Grand Jury for its efforts to strengthen the practices of law enforcement as it relates to informing and receiving input from the public about the use of surveillance tools in local communities. Sincerely, Debbie Ruddock, Mayor City of Half Moon Bay 27

28 28

29 29

30 30

31 31

32 32

33 33

34 34

35 35

36 36

37 37

38 38

39 39

40 40

41 41

42 42

43 43

44 44

45 45

46 46

47 47

48 48

49 49

50 50

51 51

52 52

53 53

54 54

55 55

56 56

57 57

58 58

59 59

60 60

61 61

62 62

63 63

64 64

65 65

66 66

67 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY For meeting of: October 3, 2017 AGENDA REPORT TO: VIA: FROM: Honorable Mayor and City Council Magda Gonzalez, City Manager John Doughty, Public Works Director TITLE: MAIN STREET BRIDGE REHABILITATION PROJECT RECOMMENDATION: Adopt a resolution: 1. Affirming the revised scope of the Main Street Rehabilitation Project to include rehabilitation of the eastern walkway in lieu of a parallel pedestrian / bicycle bridge as recommended by the Main Street Bridge Advisory Committee; 2. Directing the City Manager to request that Caltrans issue the Notice to Proceed (E 76) for Preliminary Engineering and to bring forward the appropriated federal funds to FY 17 18; and 3. Directing staff to formally request that the San Mateo County Transportation Authority redirect the $500,000 grant from the parallel bridge to general bicycle and pedestrian improvements on and adjacent to the Main Street Bridge. FISCAL IMPACT: There is no fiscal impact associated with this action. However, if the SMCTA does not redirect the funding as requested, the City would be required to secure $500,000 elsewhere or through the General Fund. The Capital Improvement Program (CIP) includes sufficient funds to complete coordination with Caltrans as a condition of releasing the E 76 Notice to Proceed for Preliminary Engineering for the project. STRATEGIC ELEMENT: This recommendation supports the following Elements of the Strategic Plan: Infrastructure and Environment, Healthy Communities and Public Safety, and Inclusive Governance. BACKGROUND: The Main Street Bridge is the primary access point to downtown Half Moon Bay from State Route 92. The existing historic bridge is narrow and has no shoulders or space for bicycle lanes. There are two wooden deck walkways bracketed to the bridge on each side that are not Page 1 of 4 Agenda Item # 3.A. 67

68 compliant with the Americans with Disabilities Act (ADA) and are difficult to traverse by both pedestrian and bicyclists. In 2014, Main Street Bridge (also known as the Pilarcitos Creek Bridge) was listed on the National Register of Historic Places. Also in 2014, Half Moon Bay voters passed Measure F, the Main Street Bridge Preservation Act, provides that the Bridge s historical, visual and physical integrity (including appearance and character) shall be preserved intact, and its demolition or physical expansion prohibited unless otherwise approved by the voters. In 2016, the City applied for federal grant funding as part of the Highway Bridge Program (HBP) and was approved for the rehabilitation of the historic Main Street Bridge in the Federal and State Transportation Improvements Program (FTIP/STIP). The funding is scheduled to be in Federal Fiscal Year (FFY) The total project cost is listed as $8.527M with a federal share of $7.549M (88.53 percent) and local match of $978K (11.47 percent). In addition, the San Mateo County Transportation Authority (SMCTA) has allocated $500,000 of Measure A funds from the Pedestrian and Bicycle Program toward the construction of a parallel bicycle / pedestrian bridge directly east of the existing bridge. The parallel bridge is to serve as the bicycle and pedestrian connection as well as an interactive observation area for the historic bridge and Pilarcitos Creek riparian area. The funding was originally intended to be utilized for general pedestrian and bicycle improvements; however, because of delays in funding, the funding was reprogrammed to the parallel bridge. In early 2017, staff made a request to Caltrans Local Assistance, who manages the federallyfunded transportation projects, to advance the funding for the Main Street Bridge to Federal FY to start with the Preliminary Engineering (PE) phase. The PE phase includes design, environmental study, and document preparation (state and federal). In June 2017, Caltrans conducted a Field Survey, the first step in initiating a federal project. Following the study, Caltrans provided an environmental scoping letter as well the requirements to obtain the necessary design exceptions. The design exceptions included several issues such as lack of adequate shoulders, barriers not been crash tested, and misaligned roadway approach on the north side. In addition, Caltrans indicated that construction of a parallel bridge for bicycles and pedestrians must be approved by the Caltrans headquarters if it is to be eligible for reimbursement under the federal grant. On July 27, 2017, the Main Street Bridge Advisory Committee (MSBAC) met and received a presentation on project background and status updates. The Committee agreed with the project plan and recommended the City move forward with the project. In August 2017, Caltrans Local Assistance informed the City that all design exceptions have been approved and they were prepared to conditionally issue the E 76 Notice to Proceed. Page 2 of 4 Agenda Item # 3.A. 68

69 On September 21, 2017, the MSBAC met and members received a status update on the project and provided a recommendation to the City Council. The MSBAC made two distinct recommendations: 1) that the City Council accept the E 76 Notice to Proceed as conditioned by Caltrans; and 2) that the City Council retain the parallel bridge as a separate stand alone project and allocate up to $20,000 to prepare a preliminary engineering study. DISCUSSION: In August, the City was informed by the Caltrans Local Assistance Office that all the requested design exceptions had been approved and that they were prepared to fund the project engineering phase of the Main Street Bridge Rehabilitation Project starting in FFY Caltrans stipulated in the correspondence that, Removal of the existing eastern walkway and construction of the parallel bicycle/pedestrian bridge would not be eligible for federal funding nor as local match for the project. The total project cost is currently estimated at $8.5 million. This amount includes hard costs (construction) and soft costs (engineering, environmental, and project management). Under the funding program, the City is responsible for percent (approximately $1 million) while the federal share is percent, or approximately $7.5 million. Acceptance of the E 76 for Preliminary Engineering would provide up to $1.14 million in Federal funding for engineering and environmental work. As noted above, Caltrans has indicated that the parallel bridge is not considered part of the project and is not eligible for federal funds. Staff and the consultant team do not foresee that Caltrans would deviate from this position. Caltrans has also indicated that should the City proceed with removal of the eastside bridge walkway in conjunction with a separate bridge, the City will be responsible for all costs associated with removal. As such, we are recommending acceptance of the E 76 as conditioned. On June 2, 2016, the SMCTA Board amended their funding agreement with the City to allocate the $500,000 for the Main Street Bridge for the parallel bicycle and pedestrian bridge. This request preserved the funding on the Coastside and provided the City the necessary time to resubmit for federal rehabilitation funds. At present, staff sees three potential options: 1) Formally request that the San Mateo County Transportation Authority re direct the $500,000 grant from the parallel bridge to general bicycle and pedestrian improvements on and adjacent to the Main Street Bridge (and retain funds as part of the City s local match); or 2) Proceed with the parallel bridge as a stand alone project. This would preserve the SMCTA funding consistent with the current funding agreement (City s local match for the Main Street Bridge would rise by $500,000); 3) The City Council could ask the SMCTA Board to consider an optional location for the funds such as the eastside pedestrian bridge at Frenchman s Creek (the funds are Page 3 of 4 Agenda Item # 3.A. 69

70 typically awarded competitively and this request may not be supported as a viable option). In summary, if the City decides to proceed with the construction of the parallel bicycle/pedestrian bridge, the cost of that bridge will be substantially higher. This issue is discussed in greater detail in a separate report included in this agenda packet. Upon acceptance of the E 76, Notice to Proceed with PE Phase, the City is eligible to hire consultants to initiate design, environmental clearance, and right of way activities that are eligible for federal grant reimbursement. The costs of project management will also be eligible for reimbursement. These funds will be available to the City in mid October which is the beginning of the federal fiscal year. No decision regarding proceeding with construction of the project will be made until completion of environmental review. ATTACHMENT: Resolution for the Main Street Bridge Rehabilitation Project Page 4 of 4 Agenda Item # 3.A. 70

71 Resolution No. C 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AFFIRMING THE REVISED SCOPE OF THE MAIN STREET BRIDGE, DIRECTING THE CITY MANAGER TO REQUEST CALTRANS TO ISSUE THE NOTICE TO PROCEED (E 76) FOR PRELIMINARY ENGINEERING, AND DIRECTING STAFF TO FORMALLY REQUEST THAT THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY REDIRECT THE $500,000 GRANT FOR BICYCLE AND PEDESTRIAN IMPROVEMENTS ON AND ADJACENT TO THE MAIN STREET BRIDGE WHEREAS, the Main Street Bridge is the primary access point to downtown Half Moon Bay from State Route 92; and WHEREAS, the existing historic bridge is narrow and has no shoulders or space for bicycle lanes with two wooden deck walkways bracketed to the bridge on each side that are not compliant with the Americans with Disabilities Act (ADA) and are difficult to traverse by both pedestrian and bicyclists; and WHEREAS, in 2016, the City applied for federal grant funding as part of Highway Bridge Program (HBP) and was approved for the rehabilitation of the historic Main Street Bridge in the Federal and State Transportation Improvements Program (FTIP/STIP); and WHEREAS, the San Mateo County Transportation Authority (SMCTA) has allocated $500,000 of Measure A funds from the Pedestrian and Bicycle Program towards the construction of a parallel bicycle / pedestrian bridge directly east of the existing bridge; and WHEREAS, in early 2017, staff made a request to Caltrans Local Assistance which manages the Federal funded transportation projects, to advance the funding for the Main Street Bridge to Federal Fiscal Year to start with the Preliminary Engineering phase; and WHEREAS, in August 2017, Caltrans Local Assistance informed the City that all design exceptions have been approved and stipulated that Removal of the existing eastern walkway and the construction of the parallel bicycle / pedestrian bridge would not be eligible for federal funding nor as local match for the project. ; and WHEREAS, on September 21, 2017, the Main Street Bridge Advisory Committee convened its second meeting where members received a status update on the project and recommended that the City Council proceed with the revised project description which includes elimination of the parallel bridge in favor of retaining the attached walkway. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby: 1) affirms the revised scope of the Main Street Bridge as recommended by the Main Street Bridge Advisory Committee; 2) directs the City Manager to request that Caltrans issue 71

72 the Notice to Proceed (E 76) for Preliminary Engineering and to bring forward the appropriated federal funds to FY ; and 3) directs staff to formally request that the San Mateo County Transportation Authority redirect the $500,000 grant from the parallel bridge to general bicycle and pedestrian improvements on and adjacent to the Main Street Bridge. ***************************************************************** I, the undersigned, hereby certify that the foregoing resolution was duly passed and adopted on the 3rd day of October, 2017 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers: ATTEST: APPROVED: Jessica Blair, City Clerk Debbie Ruddock, Mayor 72

73 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY For meeting of: October 3, 2017 AGENDA REPORT TO: VIA: FROM: Honorable Mayor and City Council Magda Gonzalez, City Manager John Doughty, Public Works Director Ray Razavi, Consulting Traffic and Transportation Engineer TITLE: POTENTIAL MAIN STREET PEDESTRIAN AND BICYCLE BRIDGE RECOMMENDATION: Consider and provide direction regarding the Main Street Bridge Advisory Committee s request that the City Council authorize expenditure of up to $20,000 for a preliminary design study of a pedestrian and bicycle bridge running parallel to the east side of the Main Street Bridge. FISCAL IMPACT: This item is presented for policy discussion and direction. If directed to proceed with the project, staff will return to City Council with a more detailed estimate of the fiscal impact along with a formal amendment of the Capital Improvement Program (CIP). STRATEGIC ELEMENT: This recommendation supports the following elements of the Strategic Plan: Infrastructure and Environment, Healthy Communities and Public Safety, and Inclusive Governance. BACKGROUND: On July 7, 2011, the City received a $500,000 grant from the SMCTA to support bicycle and pedestrian access on a Main Street Bridge. This funding was intended to supplement federal funding for the bridge replacement. In 2014, Half Moon Bay voters passed Measure F, the Main Street Bridge Preservation Act, which provides that the Bridge s historical, visual and physical integrity (including appearance and character) shall be preserved intact, and its demolition or physical expansion prohibited unless otherwise approved by the voters. The federal funding for the replacement bridge expired in On April 21, 2016, the City (following City Council authorization) requested the SMCTA Board of Directors re direct the grant funds to a separate parallel bridge. The intent of this requested action was two fold: 1) Page 1 of 4 Agenda Item # 3.B. 73

74 to preserve the $500,000 as local match to a subsequent federal funded bridge rehabilitation project; and 2) to provide a unique gateway and visual experience for residents and visitors crossing the Pilarcitos Creek via bicycle and foot. On October 18, 2016, the SMCTA Board of Directors amended the existing funding agreement with the City to include a revised scope of work for the $500,000 grant for a pedestrian and bicycle bridge adjacent to the Main Street Bridge. This amended funding agreement requires the City to complete a parallel bridge no later than December 7, In 2016, the City applied for federal grant funding as part of Highway Bridge Program (HBP) and was approved for the rehabilitation of the historic Main Street Bridge in the federal and State Transportation Improvements Program (FTIP/STIP). The funding is allocated to begin in the Federal FY The total project cost is listed as $8.527M with Federal share of $7.549M (88.53%) and local match of $978K (11.47%). The project description included permanent removal of the east side attached walkway and construction of a parallel pedestrian bicycle bridge. In August 2017, Caltrans Local Assistance informed the City that all design exceptions related to the Main Street Bridge had been approved and that they were prepared to issue a Notice to Proceed for Preliminary Engineering (PE). Caltrans; however, stipulated that the advance of funding was conditioned upon Removal of the existing eastern walkway and the parallel bicycle/pedestrian bridge would not be eligible for federal funding nor as local match for the project. On September 21, 2017, the newly re constituted MSBAC convened its second meeting. Six of ten members were present which constituted a quorum. The MSBAC received a status update on the Main Street Bridge project and were informed of Caltrans conditions on the Notice to Proceed (E 76). Staff recommended that MSBAC request the City Council to accept the conditional E 76 and forego the parallel bridge concept. The Committee recommended acceptance of the E 76, as conditioned. The Committee also indicated a desire to continue study on the parallel bridge concept as a stand alone project and to retain an advisory role over this project. DISCUSSION: Staff strongly believes that Caltrans will not support the inclusion of the separate/parallel bridge in the Main Street Bridge Rehabilitation Project. They believe that rehabilitation and ADA improvements of the existing walkways is sufficient. Staff and the consultant team, based on conversations and prior experience, feel strongly that Caltrans will not change their position on this issue. As such, under separate report, staff is recommending that the City accept the E 76 (as conditioned) and proceed to design and environmental review for the Main Street Bridge Rehabilitation Project. The MSBAC unanimously (6 0) supported this action. Page 2 of 4 Agenda Item # 3.B. 74

75 MSBAC is asking the City Council to retain the parallel bridge concept and allow additional study to be completed. The MSBAC is requesting the City Council authorize up to $20,000 for an engineering firm to conduct a preliminary engineering study of the feasibility and cost of the bridge. They further request that the project be a distinct stand alone project in the CIP and that advisory oversight over design be delegated to the MSBAC. Formal delegation would require modification of the By Laws by the City Council at a subsequent meeting. The City has a funding agreement for up to $500,000 in San Mateo County Transportation Authority (SMCTA) grant funds; half of which was designated for soft costs and the other half for construction. SMCTA funds are available for planning level design; however, the SMCTA authorized these funds to ensure construction not for purposes of assessing desirability of the project. Staff originally estimated the cost of the parallel bridge at $750,000 $800,000. This estimate; however, assumed that the environmental review, design and construction of the parallel bridge would be part of the overall Main Street Bridge project and thus benefit from the economies of scale that affords. Those economies of scale benefits would have included reduced/shared design costs, environmental review, project management, construction management and ultimately construction cost. The construction of a parallel bridge will have potential temporary and permanent impacts to the Pilarcitos Creek riparian habitat. These impacts will include removal of riparian vegetation and heritage trees. The City will require separate and distinct environmental analysis, CEQA documents, mitigation costs and agency coordination and permitting from that of the bridge rehabilitation. The cost of potential mitigation is unknown, but could be significant. At minimum, staff envisions the preparation of an Environmental Impact Report (EIR). Certification of an EIR typically takes twelve (12) months to complete once a project is defined. Assuming a clearly defined project by January 1, 2018, this would leave less than twelve (12) months to complete design, obtain permits from agencies, bid the project, award a contract and complete work (based upon December 7, 2019 SMCTA deadline). Beyond the costs of environmental study and clearances, proceeding with a stand alone project will result in significant City costs (design, project management and construction management). While unknown, construction costs will be significantly more than the $250,000 allocated by SMCTA under the funding agreement. A ballpark cost estimate places the cost somewhere in the $1.25 $1.5 million range (exclusive of potential environmental mitigation); all but $500,000 would be locally funded. While all would like to retain and utilize funding previously allocated, the cost of preserving the SMCTA grant may be too high environmentally and financially. CONCLUSION: The decision to conduct a preliminary engineering study is a policy decision of the City Council. Staff understands the interest in the project and in fact shares the interest. However, proceeding with a stand alone project represents an avoidable impact to environment as well as a significant policy shift within the adopted CIP. As discussed with the City Council previously, the CIP is robust, aggressive and frankly includes more projects than our staff and Page 3 of 4 Agenda Item # 3.B. 75

76 consultants have capacity to accommodate. Staff acknowledges that a preliminary study would provide City Council and the community a better estimate of costs and a clearer picture of what the bridge could look like. The City Council will need to determine if the parallel bridge is a priority project. If the parallel bridge is a priority, the City Council will need to direct staff to return in November with a CIP amendment to add the parallel bridge as a new project and to adjust the timing of other capital projects to accommodate. ATTACHMENTS: 1. Letter to SMCTA with parallel bridge diagram 2. Funding Agreement with San Mateo County Transportation Authority 3. First Amendment to the Funding Agreement Page 4 of 4 Agenda Item # 3.B. 76

77 77

78 78

79 79