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HomeMy WebLinkAbout2021-09-15 e-packet@6:00Wednesday, September 15, 2021 6:00 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA Special City Council Special Meeting Agenda HYBRID IN-PERSON/VIRTUAL MEETING September 15, 2021Special City Council Special Meeting Agenda HYBRID IN-PERSON/VIRTUAL MEETING NOTICE The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City staff may participate via Teleconference. Pursuant to Ralph M. Brown Act, Government Code Section 54953, all votes shall be by roll call due to council members participating by teleconference. This meeting will be conducted pursuant to the provisions of the Governor ’s Executive Orders N-29-20, N-63-20 and N-08-21 allowing for deviation of Teleconference Rules required by the Brown Act & pursuant to the order of San Mateo County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of South San Francisco will hold the meeting through a hybrid of in -person attendance with the City Council, designated staff, and limited members of the public at the City Council Chambers and through the virtual platform, Zoom . In-person attendance by members of the public will be subject to maximum capacity and current health and safety protocols. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 24-hours before the meeting. Accommodations: Individuals who require special assistance of a disability -related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at all-cc@ssf.net, 24-hours before the meeting. Notification in advance of the meeting will enable the City of South San Francisco to make reasonable arrangements to ensure accessibility to the meeting. Page 2 City of South San Francisco Printed on 9/29/2021 September 15, 2021Special City Council Special Meeting Agenda ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/87022528227 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,87022528227# or +13462487799,,87022528227# Join by Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 346 248 7799 or +1 669 900 6833 or 833 548 0276 (Toll Free) Webinar ID: 870 2252 8227 How to observe the Meeting (no public comment): 1) Local cable channel: Astound, Channel 26 or Comcast, Channel 27 2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council How to submit written Public Comment before the City Council Meeting: Use the eComment portal by clicking on the following link: https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. How to provide Public Comment during the City Council Meeting: 1) By Phone: (669) 900-6833. Webinar ID is 870 2252 8227. Click *9 to raise a hand to speak. Click *6 to unmute when called. By One tap mobile: US: +16699006833,,87022528227# or +13462487799,,87022528227# 2) Online at: https://ssf-net.zoom.us/j/87022528227 a. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. b. When the Clerk calls for the item on which you wish to speak, click on "raise hand." Speakers will be notified shortly before they are called to speak. c. When called, please limit your remarks to the time limit allotted. IN-PERSON: Please complete a Digital Speaker Card located at the entrance to the Council Chamber ’s. Be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. Page 3 City of South San Francisco Printed on 9/29/2021 September 15, 2021Special City Council Special Meeting Agenda Call to Order. Roll Call. Agenda Review. PUBLIC COMMENTS - Comments are limited to items on the Special Meeting Agenda. ADMINISTRATIVE BUSINESS Study session regarding renter protection measures for residential tenants in South San Francisco. (Nell Selander, Deputy Director, Economic & Community Development Department) 1. Study Session regarding proposed Community Equity and Safety Advisory Board. (Amy Ferguson, Management Fellow) 2. Report regarding a Study Session on assessing a new Business License Tax fee structure. (Heather Enders, Management Analyst II) 3. Study session regarding Article 34 of the California Constitution’s voter approval requirement for the City to develop, construct, or acquire certain types of “low rent housing projects.” (Sky Woodruff, City Attorney) 4. Adjournment. Page 4 City of South San Francisco Printed on 9/29/2021 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-632 Agenda Date:9/15/2021 Version:1 Item #:1. Study session regarding renter protection measures for residential tenants in South San Francisco.(Nell Selander, Deputy Director, Economic & Community Development Department) RECOMMENDATION Staff recommends that the City Council provide direction on the proposed rental protection measures described in this report. BACKGROUND Executive Summary In 2019,City Council held study sessions to address displacement of South San Francisco residential tenants. Staff introduced various types of renter protection policies for Council’s consideration and direction.At the time,other Bay Area cities,including San Mateo and Redwood City,were also exploring new tenant protection measures to mitigate housing displacement in their communities. Given changes to State law since our last study session,the impact of COVID-19 on our renter population,and recent Council requests,staff has prepared this study session on renter protections.Specifically,this study session will cover rental registries, mediation, and rental assistance. Past City Council Discussions & Actions Below is a summary of Council’s recent renter protection efforts and related State laws that were adopted. ·First Study Session,January 9,2010.Staff provided an overview of existing programs in other cities,including minimum lease terms,rent review boards and/or mediation,relocation assistance,and voluntary rent programs.After discussing the different options available,the Council directed staff to provide additional information on minimum lease terms,relocation assistance,and enhanced notification for rent increases. ·Second Study Session,July 22,2019.Staff presented more information on minimum lease terms, relocation assistance,and enhanced notification for rent increases.Council requested more information on mediation and anti-rent gouging. ·Local Legislation,July 24,2019.City Council approved relocation assistance for tenants who are displaced due to code violations caused by unsafe living conditions. ·State Legislation,Assembly Bill (AB)1482,October 8,2019.Prior to the pandemic,the state and local municipalities focused on passing housing legislation addressing the housing crisis,which had been exacerbated in recent years by wildfires.Prompted by price gouging in California’s overheated housing market,the state passed AB 1482,the Tenant Protection Act of 2019.This legislation marked a significant policy change in residential rental housing,limiting residential rent increases statewide to no more than 5%plus consumer price index (CPI)and requiring just cause for evictions.Most single- City of South San Francisco Printed on 9/10/2021Page 1 of 5 powered by Legistar™ File #:21-632 Agenda Date:9/15/2021 Version:1 Item #:1. family homes are exempted from the legislation. ·Local Legislation,November 25,2019.In anticipation of the implementation of AB 1482 and to prevent evictions between the Bill’s signing and effective date,City Council adopted an Urgency Ordinance prohibiting evictions without just cause and establish the same rental protections in AB 1482 until it went into effect on January 1, 2020. ·AB 1482 goes into effect, January 1, 2020. ·COVID-19 rental protections,March 17,2020 to September 30,2021.The COVID-19 pandemic created more instability and disruption in the housing market.Its effects halted business operations and economic activity,in turn impacting renters,homeowners,and landlords.The County and state adopted eviction moratoria to protect renters from evictions due to COVID.The COVID-19 Tenant Relief Act, AB 832,protects tenants statewide affected by the pandemic through September 30,2021 and is discussed in greater detail below.Also discussed below are the rental assistance dollars appropriated by the City and made available through the state to assist those unable to pay past due rent as a result of the pandemic. Demographic Information Since 2019,the demographics of the City have not drastically changed.In South San Francisco,61%of our 67,408 residents are homeowners and 39%are renters.Thirty seven percent of renter households live in attached or detached single family homes,15%in developments with two to four units,47%in developments with five or more units, and just 1% in mobile homes, RVs, or boats. According to rentcafe.com,in July 2019,the average rent for a one-bedroom apartment in South San Francisco was $2,883,5%percent increase from the prior year.In August 2021,rentcafe.com reported an average rent of $2,717, an 11% decrease from 2020. Despite the dip in rental rates,affordability challenges persist.For a household to comfortably afford a one- bedroom apartment in South San Francisco,the household must earn at least $97,800.The median household income in South San Francisco is $105,459. Over half of renter households are rent burdened,meaning they spend more than 30%of their household income on rent.The most rent burdened residents are very low-income (earning less than $91,350 for a family of four) and extremely low-income (earning less than $54,800 for a family of four). Expiring Eviction Moratorium & Companion Rental Assistance On June 28,2021,the Governor signed AB 832 extending residential eviction protections related to COVID-19 through September 30,2021.The new law doubles the cash assistance for rent relief to $5.2 billion dollars to cover 100 percent of past due and future rent (March 2020 through March 2022).AB 832 also allows tenants to access the rent relief program directly even if landlords choose not to participate. A protection that lawmakers set up as part of AB 832 is a provision that bans landlords from evicting tenants before they get a chance to apply for rent relief through March 2022.Additionally,the legislation prevents municipalities from enacting local eviction moratoria until after the state’s protections expire on April 1, 2022. Inextricably linked to the statewide eviction moratorium is the rental assistance available through Housing is Key,the state-run COVID rental assistance program.As of August 25,2021,there were 95 Housing is Key City of South San Francisco Printed on 9/10/2021Page 2 of 5 powered by Legistar™ File #:21-632 Agenda Date:9/15/2021 Version:1 Item #:1. Key,the state-run COVID rental assistance program.As of August 25,2021,there were 95 Housing is Key applications in progress for South San Francisco households.In addition to these applications in progress,there were 339 active applications totaling more than $4 million.Active cases have submitted applications that are in review but have not yet been awarded funds.By comparison,just 91 South San Francisco households have been awarded $1.5 million in assistance.What this data demonstrates is the process remains slow but is resulting in award of funds to South San Francisco households to pay past due and future rent payments. DISCUSSION To follow-up on the renter protection study sessions held in 2019 and the more recent housing study session held in April 2021,staff is presenting information on potential renter protection measures and actions the Council may want to consider.These include consideration of a rental registry,mediation,and providing additional funding for rental assistance. Rental Registry Recently,rental registries have become a more commonly used tool for rent-stabilized cities to enforce city ordinances and gather information on rental units.South San Francisco is not a rent-stabilized city,nor is a rent stabilization ordinance being proposed or considered.In the context of rent-stabilized jurisdictions,a registry allows a city to collect data from landlords so that it can fine or enforce city codes,such as allowable annual rent increases. Beyond code enforcement,cities have implemented registries to collect data on rental conditions in their jurisdictions. Some of the information gathered by cities include: ·property owner information, ·number of units owned in the city, ·number of bedrooms and bathrooms, ·history of capital improvements, ·rental history, tenant history, and ·and occupancy status. The information gathered varies city to city,but in general,the data also provides cities with vacancy rates and information on rate of turnover.Ultimately,though,for rental registries to be effective,there must be a high percentage of landlords registered in the program. Staff spoke to several small to medium sized Bay Area cities that recently adopted rental registries.For each,it took roughly 9 to 12 months to develop their programs.Staff in these cities implemented their registries in tandem with a rent stabilization program,except for El Cerrito.El Cerrito developed an Affordable Housing Strategy,and the establishment of a rental registry was one component of this specific strategy and was not accompanied by rent stabilization.These cities also already required most (if not all)landlords to have a business license prior to implementing a rental registry,so they were building on an existing list of landlords. South San Francisco does not currently require all landlords of rental properties to obtain a business license. In addition,cities that have registries employ 1.5 to 6 staff members dedicated to developing,maintaining the registry,and enforcing the rent ordinance.Registration fees and fines generally offset the cost of the program, which cost roughly $1 million to $2 million to implement with approximately 40% going toward legal fees. Given current administrative housing workload and other City housing priorities,existing staff could not accommodate designing a rental registry program and implementing it in a timely manner.If Council would like to move forward with designing and implementing a program,staff would return to Council with a project City of South San Francisco Printed on 9/10/2021Page 3 of 5 powered by Legistar™ File #:21-632 Agenda Date:9/15/2021 Version:1 Item #:1. like to move forward with designing and implementing a program,staff would return to Council with a project plan and request for a budget appropriation to begin the program. Mediation Rental dispute resolution,or mediation,provides an opportunity for tenants and landlords to discuss issues related to rent increases with a neutral third party.The goals of rent mediation generally are preventing unreasonable rent increases and displacement,and promoting community accountability.Mediation programs attempt to achieve these goals through a non-binding mediation process rather than legally binding regulatory requirements.Mediation programs generally tend to be more permissive in establishing acceptable rent increases. Staff explored two mediation models -mandatory and voluntary.San Rafael has a mandatory mediation program that only tenants can initiate upon a rent increase of 5%or more in a 12-month period.It was established in 2019 and applies to all rental units.It is administered by Marin County’s Consumer Protection Unit at no cost to the initiating tenant.Conversely,Palo Alto has a voluntary program that can be initiated by tenants,property owners,and property managers to resolve disputes regarding rent increases,repairs,deposits, and maintenance.The program was established in 2001 and applies to properties with two or more units.It is administered by the Palo Alto Mediation Program at no cost to the initiating party. If Council is interested in pursuing a local mandatory or voluntary mediation program,staff would proceed to program design and then procurement of a qualified third party to administer the program.It is likely that such a contract would cost roughly $35,000 to $70,000 annually. Rental Assistance In April 2020,in response to the COVID-19 pandemic,City Council appropriated funds for rental assistance from the City’s Housing Successor Fund (Fund 241).Since then,YMCA has administered the City’s local funds and has worked with South San Francisco households to apply for the state’s Housing is Key program, which provides households with rental arrears going back to March of 2020. For FY19-20 and FY20-21,South San Francisco committed $500,000 to rental assistance from Fund 241,with $80,000 remaining.The County committed over $20 million county-wide,much of which was provided by CARES and ARPA and is available to South San Francisco renters through YMCA and Housing is Key. For FY21-22,the City has executed an agreement for $215,000 in State Permanent Local Housing Allocation (PLHA)funding.This will allow the city to pay for future rental payments for tenants who know they will be missing future rent,but cannot be used for past due rent.The City can also appropriate an additional $250,000 from Fund 241 for past due rental assistance if Council desires. According to the YMCA,the City’s rental assistance administrator,over 30%of South San Francisco rental assistance applications are from households in sublease arrangements.These vulnerable renters are the most likely to get displaced because they are not often afforded the protections of renters on a lease.The City’s funds have not been used to support sublease rental assistance in the past because there is risk the funds,once paid and despite the City and YMCA’s best efforts, could be used for purposes other than paying the landlord. Despite these risks,there is considerable need among households in subleases and so staff is seeking Council’s direction on whether or not it would be comfortable appropriating funds for rental assistance and prioritizing subleasing arrangements. City of South San Francisco Printed on 9/10/2021Page 4 of 5 powered by Legistar™ File #:21-632 Agenda Date:9/15/2021 Version:1 Item #:1. FISCAL IMPACT There is no fiscal impact associated with receiving this report.Depending on Council direction,there could be impacts to the General Fund and/or Housing Funds as described above. RELATIONSHIP TO STRATEGIC PLAN Renter protection measures address the following Strategic Plan area:Strategic Plan Priority Area 2 Quality of Life, Initiative 2.3 - Promote a balanced mix of housing options in South San Francisco. CONCLUSION Staff recommends that the City Council provide direction on the rental protection measures described above. City of South San Francisco Printed on 9/10/2021Page 5 of 5 powered by Legistar™ Renter Protections Study Session South San Francisco City Council September 15, 2021 Government Code Section 54957.5 SB 343 Agenda: 9/15/2021 SP CC Item #1 Background Past Discussions & Legislation January 9, 2019 Presentation of min lease terms, relocation assistance, and enhanced notification; received direction. July 22, 2019 Council adopts a red tag ordinance. July 24, 2019 State AB 1482 signed into law establishing statewide rent cap and just cause eviction protections. October 8, 2019 Council adopts an urgency ordinance immediately implementing many of the AB 1482 provisions. November 25, 2019 September 15, 20213 Overview of programs in other cities; received Council direction. AB 1482 goes into effect. January 1, 2020 Host of pandemic-related legislation and financial assistance goes into effect. March 17, 2020 –September 30, 2021 Resident Profile 4 September 15, 2021 South San Francisco Population: 67,402 individuals 21,330 households Homeowners, 61% Renters, 39% Own v. Rent Resident Profile 5 September 15, 2021 37% 15% 47% 1% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% Single family home 2-4 Unit 5+ Unit Mobile Home, Boat, RV Rental Unit Types Occupied by Renters in SSF SSF Rent Profile Average 1-Bedroom Rents Rent Burden 2019 •$2,883 •5% increase from prior year 2021 •$2,717 •11% decrease from prior year More than half of renter households are rent burdened, spending more than half of their income on rent September 15, 20216 Expiring State Eviction Moratorium State AB 832 expires September 30, 2021 100% back rent and future rent for impacted, income-qualifying households Renters can access funds without landlords participating Bans landlords from evicting tenants before they are able to apply for the rent relief, through March 2022 Local jurisdictions may not enact local eviction moratoria until after April 1, 2022 September 15, 20217 State Rental Assistance As of August 25, 2021: 95 applications in progress by SSF households 339 active applications totaling more than $4 million in requested assistance 91 households have been awarded $1.5 million in assistance TO ACCESS THESE FUNDS, GO TO HOUSINGISKEY.COM September 15, 20218 Renter Protections Rent registries allow cities to collect data, such as: Property owner information Property information, such as numbers of bedrooms and bathrooms History of capital improvements Rental/tenant history Rental rates Occupancy status September 15, 202110 Rental Registry Normally, rental registries are coupled with rent stabilization legislation and are part of a jurisdiction’s enforcement mechanism. El Cerrito is an exception to this rule –they have a stand-alone rental registry that is an extension of their business license process. September 15, 202111 Rental Registry Rental Registry Implementation could cost $1 million+ including launching and scaling the program: At least 1.5 FTE dedicated to work on the effort City Attorney time New database and monitoring system, or adaptation of existing one Fully designing the program and launching it would take roughly 6-9 months. Once launched, it would likely take 2- 3 years before program is fully-scaled to include most landlords. September 15, 202112 Mediation Mediation, or rental dispute resolution, provides landlords and tenants the opportunity to discuss issues and reach mutual resolution under the guidance of a neutral third party. Generally, there are two models –mandatory and voluntary. September 15, 202113 Mediation Voluntary Programs Mandatory Programs Example: Palo Alto Tenants, property owners, and property managers can initiate Reasons to initiate include rent increases, repairs, deposits, and maintenance issues Applies to properties with 2+ units Example: San Rafael Tenants can initiate upon rent increase of 5%+ Applies to all rental units September 15, 202114 Mediation Programs are generally offered free to participants. Implementation would involve issuing an RFQ or RFP to solicit a mediation services, which would likely cost $35,000 to $70,000 annually. September 15, 202115 Rental Assistance Council has appropriated $500,000 over the past two fiscal years and is set to receive an additional $215,000 from the State shortly. $80,000 remaining to pay back rent $215,000 may be used to pay future months of rent September 15, 202116 Rental Assistance YMCA estimates 30% of rental assistance applications are from households in sublease arrangements. We have not served these households in the past, unless the landlord acknowledges the renter’s presence and provides the YMCA/City with a W9 While there are risks associated with providing rental assistance to master tenants on behalf of a sublease tenant household, staff believe it is worth considering at this point given the vulnerability of these households and lack of other assistance for them. September 15, 202117 Next Steps Receive feedback from Council tonight on: Rental registry Mediation Rental assistance Proceed with program design and implementation, as directed. September 15, 202118 Agenda Item 1. 21-632 Study session regarding renter protection measures for residential tenants in South San Francisco. (Nell Selander, Deputy Director, Economic & Community Development Department) Legislation Text SB 343 Item - 1. Renter Protections Study Session.pdf 4 Public Comments Ethan Mizzi at September 15, 2021 at 2:47pm PDT Support Good evening Mayor Addiego and members of the Council. We are a City made up roughly 40% of tenants, tenants who's rent can arbitrarily go up every year irregardless on if the unit they're living in has had any upgrade or upkeep while property owners only have to worry about paying for their mortgage if they still have one and the meager and vastly deflated prop 13 increase on property taxes. we must protect our renters, they are part of this community and must be treated as such. we need a comprehensive rental registry so we can have all the data full scope of increases in rent and how many residents of this city are forced to leave every year due to rent increases. we need actual bare minimum rental protections like just cause protections and a rent stabilization ordinance. those are the barest of bare minimums. it isn't much of a burden on a landlord to ask them to fill out a form once a year, especially if it means the city has more data that we can use to better govern our city in a more equitable way that doesn't unjustly disadvantage some just because they aren't land owners. Thank you for your time. Guest User at September 15, 2021 at 12:19pm PDT Support California's affordability crisis has worsened as local governments have chosen to deregulate the housing market and allow developers and landlords to take advantage of renters. Modest programs like the renters’ rebate have been slashed, while property owners continue to get subsidies. Government agencies routinely fail to enforce tenant protection laws. South San Francisco needs to give renters more political power so that they can advocate for a safe and decent place to call home, without having to shell out more than half their paycheck and work multiple jobs just to make ends meet. Please consider creating a Renter's Board so that there is a permanent entity that can hold landlords accountable. Without this, the information in a database will not be acted upon. We also desperately need a city-level rent stabilization and rent control program. Wages have stagnated in the last decades, while the cost of living has skyrocketed. Renters need protection against unreasonable rent increases that are often arbitrary in nature and have nothing to do with the condition of the house/apartment they are living in. This should include mobile homes as well. We can look to other towns in the county that have done more to protect renters and follow their lead. Roderick Bovee at September 15, 2021 at 8:19am PDT Support Because South San Francisco has underproduced housing for decades, our renters are being displaced. Council should pass just-cause eviction protections, tenant buyout protections, and rent and demolition controls to prevent this. At an absolute bare minimum, Council should also support a rental registry so we can fully understand the scope of the problems renters face. If a landlord has time to cash a multi thousand dollar check, they have time to e-submit a form with a few details about their investment once a year. Guest User at September 15, 2021 at 7:55am PDT Oppose As a responsible landlords who has not and does not gouge their tenants, we are against the proposed registry and mediation process. The cost of these programs will overburden landlords who will have to bear the cost of such programs through licensing or taxation. For those of us who are already fair to our tenants and have already been limited in how much we can increase rents, such legislation will overburden us. Tenants are already protected as to rent increases by State legislation. A registry or mediation will not enhance anything. It will only further burden landlords. If we the responsible landlords exit the business, the sale of our properties would only negatively impact tenants because new owners will have to be profitable. They will have to make the maximum rent increases every single year. Finally, you need to consider that landlords are already further burdened but the skyrocketing costs of materials and labor. Buildings require maintenance! Our costs are rising at a rate more than 5% per year. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. Study Session regarding proposed Community Equity and Safety Advisory Board.(Amy Ferguson, Management Fellow) RECOMMENDATION City Staff request feedback from City Council on whether to pursue the establishment of a Community Equity and Safety Advisory Board and,if so,the composition and role of such a board.If directed to move forward, City Staff will take direction from City Council,revise and finalize a proposal to create a new advisory board and return to City Council at a future meeting for further debate and possible City Council action. BACKGROUND/DISCUSSION The death of George Floyd on May 25,2020 sparked nationwide protests demanding heightened police accountability and also brought to the surface long-simmering issues of racial and social equity.The rallying cry for reform has led to many communities making a long overdue examination of policies and practices and advancing positive change.The South San Francisco Commission on Racial and Social Equity recently concluded a yearlong,transformational process to learn about and recommend how to further equity in City programs and practices.A Community Equity and Safety Advisory Board,focused on public safety departments but also City government more broadly,is central to these efforts.An Equity and Safety Advisory Board can recommend changes to policies and procedures across City departments and continue to engage community vision while furthering equitable practices in South San Francisco. Many cities large and small have some type of police oversight or advisory agency,varying in duties and responsibilities.Oversight agencies can address complaints of inequitable treatment and overreach by police,as well as align civilian priorities with police departments.Note some of the most far-reaching oversight agencies were not voluntarily established,but imposed by the federal government due to chronic and deeply imbedded systemic failures within certain police departments.A survey of civilian oversight agencies for the 100 most populous cities found that 16%were advisory,38%review,21%investigative,with only 7%audit.Cities with larger populations are more likely to have bodies with investigative and review oversight capacity.Smaller or less populated cities have review or advisory models that provide only oversight.In the advisory model,board members may review and make recommendations on policy and operational strategies. Community Safety Advisory Boards are multi-stakeholder bodies designed to facilitate communication strategies that improve public confidence in police,promote and ensure transparency,foster accountability,and aim to eliminate obstacles to citizen complaints and input.Advisory Boards can provide high-level policy recommendations to a Police Department.Most Advisory Boards’oversight responsibilities are limited to making recommendations,supporting community outreach,and supporting engagement focused on relationship -building. Community Safety Advisory Boards are highly influential in identifying and highlighting systemic racism within public safety practices and procedures.They typically have the authority and ability to utilize community voices not only to address concerns regarding law enforcement but also other public safety arenas that impact quality of life and safeguard against disaster,crime,and other threats or danger to civilian protections.Advisory Boards’advice and recommendations promote the opportunity for education within andCity of South San Francisco Printed on 9/10/2021Page 1 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. protections.Advisory Boards’advice and recommendations promote the opportunity for education within and between local departments responsible for the safety of the public and the community.The scope can extend beyond a police department to a review of all powers exercised by a city viewed through a racial and social equity lens,including emergency management,fire departments,first responders,code enforcement, transportation,etc.Community Safety Advisory Boards serve as positive advisory groups and liaisons to the community by providing a safe space for addressing difficult issues of racial and social equity. Role of Community Safety Advisory Boards Varies Across the United States there are a wide range of community advisory boards tasked with making recommendations to local departments regarding education,health care,policing,and social services.Many are stand-alone while others work in tandem across local departments with varying composition,functions, purpose,and jurisdiction/decision-making authority.A primary role of a Community Safety Advisory Board is to advise and provide recommendation to the chief of police regarding community issues that impact safety, security and the quality of life by proactively seeking the advice and counsel of diverse groups of community members.Community Safety Advisory Boards prompt opportunities to listen,provide transparency and initiate constructive dialogue on policy, procedure, and protocols within law enforcement. Advisory boards can be useful in assisting law enforcement agencies with conducting research,providing skilled volunteer services,and supporting community outreach efforts.Community Safety Advisory Boards are partnerships or collaborations between the community and law enforcement agencies with a primary focus on crime reduction,solution building,receiving citizen complaints,and disaster preparedness.Community Safety Advisory Boards do not investigate claims of police misconduct and have little to no authority in making administrative change (hiring or firing)within police departments.Particularly,law enforcement advisory commissions,boards,or committees have been established to enhance community policing,increase public awareness,strengthen police-community collaborations to build trust between police and the community,and to receive and review citizen complaints. The following discussion explores models and challenges to police oversight bodies. This discussion includes: •Limits of California Law on Forming Police Oversight Bodies •Limitations to Forming a Community Safety Advisory Board Imposed by Public Employee Labor Relations •Oversight Models •Barriers to Police Oversight •Other National, State and Local Initiatives •Proposed Model in South San Francisco The first step in understanding how to create a police oversight body/Advisory Board in South San Francisco is to understand what can and cannot be done legally under California law.The input below from Sky Woodruff, City Attorney,and Leah Lockhart,Human Resources Director,sets the stage for what is possible in South San Francisco. Limits of California Law on Forming Police Oversight Bodies (Sky Woodruff, City Attorney) When considering options for South San Francisco,it is vitally important to have a clear understanding of the limitations on forming a police oversight body imposed by California state law.There are four primary constraints on the scope of the powers of a potential community safety advisory body,largely stemming from City of South San Francisco Printed on 9/10/2021Page 2 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. constraints on the scope of the powers of a potential community safety advisory body,largely stemming from different aspects of California law: 1.South San Francisco is organized as a General Law City.It only has the powers granted to it under State law.Most cities that have well known community safety advisory bodies are Charter Cities,and as such have greater power to shape and empower a police oversight body. 2.As a General Law City,South San Francisco operates under the City Manager form of government. Most California cities,including South San Francisco,have adopted a "City Manager form of government"(also called the “Council-Manager form of government”).The powers of the City Council and the City Manager are separate.Control over most aspects of the administration of the City and its employees is assigned to the City Manager.Under that form of government,the City Manager appoints all subordinate employees,including the Chief of Police.That means that hiring,firing,and discipline of the Police Chief is a power expressly assigned to the City Manager under State law. 3.State law expressly assigns control over the police department to the Police Chief.“Control”includes the power to hire,fire,and discipline police officers,and to adopt administrative policies,procedures,and practices. 4.State law treats public employee personnel records as private and confidential.Investigations of allegations of public employee misconduct are confidential personnel records.Police personnel records have heightened protections,with some recently adopted exceptions.The City Council does not have the authority to access the personnel files of City employees.The City Council cannot delegate a power to an advisory body that it does not possess,meaning that a Community Safety Advisory Board in South San Francisco cannot access personnel files, and are subject to the same confidentiality limitations as the City Council has. In terms of the role of the City Manager,Government Code section 34851 specifically authorizes cities to establish a City Manager form of government.It allows a city to adopt an ordinance creating the position of City Manager.The City Manager is the City's chief executive and the head of all City staff.The policy behind the City Manager form of government is based on the principle of separation of powers,which ensures that the council and manager can perform their duties without unnecessary interference between one another."More importantly,the separation of powers provides staff with direction regarding to whom they are accountable. This helps to avoid situations where a staff member employee feels that he or she has six bosses -the city manager and the five members of council." As discussed above,the City Council has implemented a City Manager form of government and expressly enumerated specific powers and duties of the City Manager in Municipal Code section 2.36.040, including: “(b)To appoint,discipline and dismiss all appointed officers and employees of the city,excepting the members of council-appointed boards and commissions and the city attorney; . . . (d) To make such rules and regulations as deemed necessary for the administration of affairs of the city; (k)To make investigations into the affairs of the city and each department and division thereof . . .; (l)To investigate all complaints in relation to all matters concerning the administration of the government of the city ” Additionally,the City Council has adopted section 2.36.050 of the Municipal Code,which expressly limits the City of South San Francisco Printed on 9/10/2021Page 3 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. Additionally,the City Council has adopted section 2.36.050 of the Municipal Code,which expressly limits the City Council’s role in the administration of the City. It states: “Neither the city council nor any of its members shall interfere with the execution by the city manager of the city manager’s powers and duties or directly or indirectly order the appointment or removal,by the city manager or by any of the department heads,of any person to any position in the city service.Except for the purpose of inquiry,the city council and its members shall deal with the administrative service solely through the city manager,and neither the council nor any member thereof shall give orders to any subordinate of the city manager,either publicly or privately.The city manager shall take orders and instructions from the city council only when it is sitting in a lawfully held meeting.” Of particular relevance to a potential Advisory Board,the City Council has made explicit that it does not have the power to hire or fire (and thus to discipline)any City employee.The City Council cannot assign to an advisory body a power that it does not possess. State law includes an additional limitation on the City Council’s ability to control the police department,and thus on the City Council’s ability to assign any aspect of control over the police department to another body such as an Advisory Board.Government Code section 38630 states that “[t]he police department of a city is under the control of the chief of police.”The City Council cannot create a community safety advisory body that exerts “control”over the police department,as such a body would conflict with section 38630.Control includes any actions related to discipline,or requiring the implementing of policies,procedures,or practices.Under the City Manager form of government and as implemented by the City Council,the Police Chief is under the control of the City Manager.Consequently,the City Manager’s power over the administration of the City also applies to the Police Chief and the police department.Some aspects of the operation of the department are under the control of the Police Chief because of State requirements related to policing practices,policies,and procedures. The final State law limitation on the potential scope of a police oversight body stems from the privacy rights of public employees generally,and the particular protections for police officers.A citizen complaint regarding the conduct of a police officer relates to an alleged violation of State law or the City’s administrative policies.An investigation of such a complaint (except for criminal law violations)is a personnel matter.State law provides substantial protections for police personnel records. Under the Police Officers’Bill of Rights (“POBR”),police personnel records are “confidential and shall not be disclosed in any criminal or civil proceeding.”As confidential records,they can only be disclosed to those who are expressly authorized to receive them.They may be disclosed to a criminal Grand Jury,District Attorney,or Attorney General as part of an authorized investigation.They may also be disclosed pursuant to a court order after a judge has determined that they are relevant to a particular case,often called a “Pitchess motion.”State law was reformed in 2019 to make some records disclosable to the public. Because of the general confidentiality of documents and investigative reports related to alleged police misconduct,those records are generally only accessible by City employees and investigators who are authorized to view the records.As discussed above,under the City Manager form of government and the provision of State law that assigns control over the police department to the Chief of Police,members of the City Council are not authorized to see confidential personnel records,including records related to an investigation of alleged police misconduct.Because the City Council does not have the power to see those confidential records itself, it cannot authorize a community safety advisory body to view them either. City of South San Francisco Printed on 9/10/2021Page 4 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. As a consequence of those intertwined provisions of State law,any investigatory role for an Advisory Board is limited.Recognizing those limits,the Commission’s final recommendation to the Council did not include an investigatory role for the Advisory Board.Instead,they recommended that the Advisory Board’s roles include receiving complaints from the public that will be investigated by outside investigators retained by the Human Resources Director or City Attorney.The Police Chief would necessarily have input on the investigation and ultimately be responsible for any disciplinary action.The Commission also recommended that the Advisory Board make statistical information about complaints filed available to the public and educate the public about the methods available to make complaints.If the City Council were interested in exploring an advisory body with a limited investigatory role,the City Attorney’s Office would need to undertake additional research to define the contours of how such a program would work to ensure the protection of confidential information and adherence to state law.In any such system,the Advisory Board members might be able to receive a report about alleged misconduct,but the report could not include confidential information,and the members of the Advisory Board would not be able to receive or review confidential information.Additionally,the Advisory Board would be limited to making recommendations and would not itself be able to take any action based on the report. Limitations to Forming a Community Safety Advisory Board Imposed by Public Employee Labor Relations (Leah Lockhart, Human Resources Director) Labor relations with public employee unions in local government agencies are governed by the Meyers-Milias- Brown Act (“MMBA”).Among the central requirements of the MMBA is that agencies must “meet and confer in good faith”with public employee unions over wages,hours,and terms and conditions of employment.“Meet and confer in good faith”means meeting to discuss proposals with the goal of reaching an agreement, considering and evaluating all proposals,and allowing enough time to meet to discuss the proposals in order to work towards agreement.Evidence of “good faith bargaining”generally includes,but is not limited to,making movement on proposals and counterproposals that reflect an attempt to reach agreement,avoiding “regressive bargaining”(withdrawing prior offers),and allowing sufficient time and frequency of meetings to occur prior to declaring an impasse.Bargaining agreements are generally contained in Memorandum of Understanding (“MOU”),however,meet and confer may still be required for other changes to policies or procedures,or programs, to be implemented by the City. Mandatory subjects of bargaining include wages,hours,and terms and conditions of employment.These categories are interpreted broadly,including any changes that could negatively affect such areas.“Terms and conditions of employment”include a broad range of subjects,including but not limited to safety,job requirements,employment policies and work rules,and disciplinary procedures.The City is required to meet and confer over changes to rules,policies,and practices insofar as they concern a change for employees that is a mandatory subject of bargaining.Under the MMBA,the City is required to provide reasonable written notice of such changes and the opportunity to meet and confer prior to implementing the change. The MMBA excludes consideration of the merits,necessity,or organization of work from the scope of mandatory bargaining,which are generally referred to as “management rights.”However,to the extent that changes to services or the organization have an effect on wages,hours,or terms and conditions of employment, the City is still required to meet and confer over the effects of such decisions.A common effect that decisions may have is a reduction in the workforce.The City has the right to implement a reduction in the workforce, however,the City must meet and confer with the union over how such changes are implemented.This may include order of layoff,transfer rights,rehire rights,separation benefits,timing and content of notices,and City of South San Francisco Printed on 9/10/2021Page 5 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. include order of layoff,transfer rights,rehire rights,separation benefits,timing and content of notices,and other factors associated with employment changes.Bargaining may also include impacts to the remaining workforce due to reduced staffing levels. In the event that the City and the Union are unable to reach agreement during meet and confer,either party may declare impasse.At this stage,the City would issue a “last best and final offer.”Either party may request mediation from the State Mediation office,but this is not required.The next stage in the process is a fact- finding panel.This involves a panel including one panelist appointed by the City,one by the union,and one by the State Mediation Office. The fact-finding panel hears evidence on both sides and issues a non-binding recommendation to the City Council.Council may implement the recommendations, or may impose the terms contained in the City’s last, best and final offer. In terms of enforcement of the MMBA,either the City or a Union may bring a charge of an unfair labor practice (violation of the MMBA) before the State Public Employee Relations Board (“PERB”).Charges of unfair labor practices involving peace officer associations are not within the jurisdiction of PERB, but disputes of this nature are typically brought before an Administrative Law Judge. Labor Relations -Disciplinary Actions and Appeals:While most private employment in California is at- will,federal,state and local government employees (except where explicitly exempted)have due process protections for their employment and income.This means that disciplinary action involving termination or loss of pay must be for “good cause,”and employees have a right to advance notice and a pre-disciplinary hearing prior to the implementation of discipline.In South San Francisco,in accordance with our Personnel Rules and Regulations,the Department Head issues the proposed discipline in consultation with the Human Resources Director,and the Assistant City Manager serves as the pre-disciplinary hearing officer.The purpose of the hearing is to determine whether good cause exists for discipline,which includes but is not limited to factors such as the nature of the violation,employment history (including history of prior violations or lack thereof), the degree to which the employee was put on notice of the policy,any mitigating factors or circumstances,and consistency of penalty among similarly situated employees. Under the City’s Personnel Rules and Regulations,Employee-Employer Relations Resolution,and Union MOUs,employees also have the right to post-disciplinary appeals.The Police Association MOU contains an appeal process as follows:For discipline involving less than 40 hours of suspension or wage loss,the discipline may be appealed to the City Manager,and the final step is an appeal to the City’s Personnel Board.For discipline involving more than 40 hours (up to termination),the appeal is advanced to the City manager, followed by binding arbitration. In binding arbitration,an arbitrator is mutually selected by the parties or assigned by the California State and Mediation office. The decision of the arbitrator is final and binding. In addition to MOU provisions,the Police Officer’s Bill of Rights Act (POBR)stipulates procedural requirements for investigating disciplinary cases,timelines and process for issuing discipline,and administrative appeal rights.The City retains the right to select an investigator and determine the method of investigation;however,procedural rules must be followed.Therefore,it is important that the City assigns an investigator that is familiar with POBR requirements. Labor Relations -Grievance Procedures:Under the Police Association MOU,binding arbitration is also the final step to resolve grievances,brought by an employee or the union,alleging that the City has violated the terms of an MOU.Prior to advancing to arbitration,the grievance is reviewed by the Police Chief,followed by City of South San Francisco Printed on 9/10/2021Page 6 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. terms of an MOU.Prior to advancing to arbitration,the grievance is reviewed by the Police Chief,followed by the City Manager. Labor Relations -Implications for a Community Safety Advisory Board:The City’s duty to meet and confer on anything that affects wages,hours and working conditions complicates any role for an Advisory Board in making recommendations regarding changes to Police policies.When negotiating an MOU,the City Council works through a negotiator (who may be the Human Resources Director or a consultant hired for this purpose)and provides direction on bargaining parameters in closed session.If an Advisory Board’s scope includes recommendations impacting an MOU,or wages,hours or working conditions,including processes for investigations and appeals of discipline or termination by police officers--the Advisory Board would have to make those recommendations to the City Council well in advance of the beginning of any bargaining.The City Council would then decide whether to incorporate the recommendation into direction to the labor negotiator. Given the time-intensive process of negotiations,it would likely not be feasible to have both Council and Advisory Board review proposals at each stage of the process.In addition,this may create confusion over which body has authority to provide direction to the negotiator on various types of proposals. As noted in the discussion above from the City Attorney,any investigatory role for a community safety advisory body would be limited because of State law and the processes described in this section,and the City Attorney’s Office would need to undertake additional research to define the contours of how such a program would work to ensure the protection of confidential information. With respect to disciplinary appeals,inclusion of an Advisory Board hearing in this process must be negotiated with the union and agreed to during MOU negotiations. A copy of the South San Francisco Police Department’s policy concerning investigations of alleged police misconduct is attached. Labor Relations - Legal and Policy Resources Meyers-Milias-Brown Act (MMBA) Gov. Code § 3500 et. seq. Police Officers Bill of Rights Act (POBR) Government Code § 3300, et seq Employee-Employer Relations Resolution City of SSF Municipal Code City Personnel Rules and Regulations (Approved by City Council Resolution) Police Association MOU - (Approved by City Council Resolution) Review of Types of Police Oversight Agencies and Bodies in the United States With an understanding of the legal limitations imposed by California law,below is a review of the various types of police oversight agencies in the United States.Specific characteristics of oversight bodies include their size, term length,member qualifications and ability to implement disciplinary action.Noting the organizational structure,benchmarks,expert insight in the creation and maintenance of these models aid in the categorization of high, medium, or low capacity of civilian oversight. The National Association for Civilian Oversight of Law Enforcement,(NACOLE)works nationally to build police accountability and public trust.NACOLE is a non-profit organization that brings together individuals and agencies working to establish or improve oversight of police officers in the United States.Established in 1995, NACOLE promotes the following: City of South San Francisco Printed on 9/10/2021Page 7 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. •increase the knowledge and skills of staff members and volunteers who work in oversight; •act as a resource when considering the creation or revitalization of oversight bodies; •identifying best practices as they emerge from the experiences of members; •encouraging networking,communication and information-sharing to counter the isolation inherent in the profession, and; •furnishing information to government officials and community representatives that will support their advocacy of oversight in their states, counties, cities and towns. NACOLE notes the benefits of oversight include;the protection of civil rights,the support of effective policing, greater accountability,building bridges,risk management,and increased confidence in police.A published report in 2018 claims that there are more than 200 oversight boards across the nation but not every jurisdiction has opted to implement an investigatory model.This is important to note in order to understand the recommendation for South San Francisco. Oversight Models Civilian oversight models typically have three categories with clearly identified characteristics,responsibilities, and opportunities for community investment.The oversight models include a scope focused on investigation, review of investigations,and/or a process to auditor-monitor police conduct.There are additional models,such as an advisory model,and agencies that use multiple models as well.All models may strengthen community cohesion,promote transparency,and provide alternative spaces to receive,process,review and respond to citizen complaints.NACOLE recommends selecting an oversight model based on the goals of the community, level of authority granted to implement change,funding,as well as size and community relationships with the police department.As a General Law city,South San Francisco’s police oversight body cannot have investigatory power as Charter Law cities can.An advisory model,however,may be more relevant and applicable to South San Francisco.To ensure broad understanding of all types of models,a few examples of investigatory models are shared below for context, along with a discussion of an advisory model. Investigative Model Investigative oversight models operate independently of police departments and are proven effective in spaces of heightened community distrust of local police departments.These oversight bodies are often assigned to agencies that monitor or contract with outside investigators to address complaints against law enforcement. This type of board or commission has authorization to investigate pre-identified classes of complaints and allegations as set by the establishing body,for example,the City Council.Members/investigators within this model must be trained to identify police policy with supporting evidence in which a complaint or allegation is founded;conduct witness interviews of both civilian and police;gather evidence,prepare investigative reports, and make recommendations of findings based on evidence reviewed.One strength of this model is the use of full-time civilian investigators with highly specialized training,which may reduce bias in investigation into citizen complaints and rebuild trust. Identified weaknesses include cost and opposition from local police departments.Investigative models increase costs to staff whether or not investigators are paid through the police department or oversight board/commission.Though community trust is strengthened through this model there is a high level of resistance from police personnel to partner with non-police investigators and the propensity of community disillusionment due to slow process to make transformational change.It is also likely that the structure of the investigative model to address specific individual complaints may not address larger systemic issues of policing City of South San Francisco Printed on 9/10/2021Page 8 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. and community relations. Review-focused Model The review-focused model allows the community the opportunity to review the quality of completed police internal affairs investigations.Variations of authority are based on the professional attainment of the staff;size of the review agency and the time allotted to review and provide feedback on closed Internal Affairs investigations.In a review-focused model,authority includes the ability to receive and forward complaints to authorized investigators,return cases to internal affairs for further investigation,hear appeals,make recommendations for disposition, discipline, policy or procedure revision. The opportunity for community input into the complaint process and community outreach efforts is considered a strength of review-focused models.Collecting community input and facilitating police-community conversations addresses law enforcement transparency and involves a multi-stakeholder engagement to improve communication strategies and rebuild trust. Auditor/Monitor-Focused Model The auditor/monitor-focused model is an attempt to advance systemic change in police policy and trend analysis and was developed out of opposition to civilian or investigative review boards. Auditor/monitor oversight models may encompass a director of an oversight program to perform ongoing reviews of the overall complaint process.This ongoing engagement includes the complaint intake process (received from multiple avenues to ensure equity and accessibility);classification of complaints (probable misconduct),investigation (interviews and evidence gathering),report (timely,thorough,objective),and analysis (fact-based,need of supervision or training,corrective measures or discipline);and assistance with dispute resolution.The auditor-monitor model provides the most in depth and efficient engagement of community complaints of police conduct.This model is recognized to promote broad organizational change by conducting systematic reviews of police policies,practices or training and making recommendations for improvement and while being less expensive than full investigate agencies,but more expensive than review- focused agencies. Strengths of the auditor/monitor model include their effectiveness in recognizing and identifying gaps in handling complaints,areas of bias in investigations,recommending the necessary tools for capacity building, technical support, and providing training on policy, supervision, and the consistency of fair discipline. Challenges associated with this model include a high level of expertise required to conduct systematic policy evaluations.Additionally,the primary focus on examining broad patterns rather than individual cases may be treated with skepticism by the local community.Data collection is a time-consuming process and the trends that come from the data are often grossly underreported by prioritized and vulnerable populations.This creates a “gap”in the trends as unreported complaints of misconduct are not brought to the attention of the auditor/monitor agency.This concern often results in calls for additional oversight that the model has not accounted for, adding to the systemic maltreatment often experienced by marginalized communities. Advisory Model As a General Law city must keep personnel records and investigations confidential,the previous typical models of investigative,review,and auditor would not be well-suited to South San Francisco.An advisory model is an additional model that has features that would be better-suited to South City.In an advisory model,the oversight body can make recommendations on policy and operational strategies.An advisory board may include City of South San Francisco Printed on 9/10/2021Page 9 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. body can make recommendations on policy and operational strategies.An advisory board may include members of the public and advocate for strategies to improve public safety.Some boards consider part of their task to “reimagine community safety.” The following models provide further examples: Mountain View, CA The Mountain View Public Safety Advisory Board was formed recently to connect community members to the City.The Board makes recommendations to the City Council,City Manager,and the Police Chief.This includes recommendations around community policing and best practices.The Board provides a space for community discussion and liaises between the community and Police Department.The Board is solely advisory and does not investigate complaints. Mountain View’s Advisory Board is also tasked with developing a work plan to be approved by City Council based on 2020 discussions of the Ad-Hoc Council Subcommittee on Race,Equity,and Inclusion.Topics discussed include mental health service calls,demographic data on Police Department contact,community listening sessions, and others. Walnut Creek, CA The Walnut Creek Chief’s Community Advisory Board serves to connect community members to the Chief. The Board receives data,develops community policing strategies,researches best practices,increases public awareness,and ultimately aims to improve transparency for the Police Department and police-community relations.It provides a space for community conversations and relays information to the Chief.The Board functions solely in an advisory capacity and does not review or investigate complaints. Hayward, CA The Hayward Community Advisory Panel also serves to connect the community to the Chief.The Panel may provide a sounding board for the Chief in addition to providing community perspectives,including flagging certain policies or procedures.The panel may look into community policing,educate the community,liaise with the community,and improve public awareness.The entity does not conduct police investigations,review disciplinary actions,or set policy.The Panel serves to strengthen partnerships between the Police Department and the community,including by increasing the Police Department’s “understanding of the perspectives of community members who have not traditionally been engaged or included by the department.” Hybrid Model In response to community demands and with the aim of improving police accountability,oversight systems are often merged with others,serve in conjunction with others,or are redesigned to strengthen capacity of existing oversight models.Though the basic tenet of investigatory power in the typical models is not possible in a General Law city,some of the associated functions,such as reviewing complaints,may be possible in South San Francisco. A few examples of hybrid models with some functions possible in South City are listed below: Anaheim, California In 2014,Anaheim launched a two-year pilot program regarding civilian police oversight.The City created the Public Safety Board in response to protests and civilian unrest that erupted following two fatal officer-involved City of South San Francisco Printed on 9/10/2021Page 10 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. Public Safety Board in response to protests and civilian unrest that erupted following two fatal officer-involved shooting incidents.In 2018,the City formally established the new Police Review Board.According to its website,the Board receives “real-time input on major police incidents,”reviews current and proposed police department policies,and reports statistics on officer-involved shootings,uses of force,and complaints. Anaheim also employs the Los Angeles-based Office of Independent Review as an external auditor for its police department. Sacramento, California Civilian oversight was initiated in Sacramento in 1999 with the creation of the Office of Public Safety Accountability,which tracks and monitors serious police-misconduct investigations.In 2016,the City added the Community Police Review Commission to its oversight structure.The new entity was created to review and recommend police department policies and practices and to “monitor the implementation,evaluation,and sustainability of city policing initiatives and programs. Buffalo, New York In 2017,facing increasing community concerns regarding the conduct of Buffalo police officers,the City agreed to form a community advisory board.At that time,the Buffalo Police Department was overseen by the Buffalo Common Council’s Police Oversight Committee.In May 2018,the Buffalo Common Council unanimously adopted a resolution that created the Community Advisory Board,made up of eleven residents,to make recommendations to the Common Council and the Buffalo Police Department.The Board conducts public meetings to hear community concerns and reports its findings and recommendations to the Common Council’s Police Oversight Committee.The Community Advisory Board complements the oversight provided by the Police Oversight Committee. Details of other oversight agencies are attached in Appendix A.Additional models not covered include adjudicative, appeals, and supervisory models. Barriers to Police Oversight Civilian oversight is most successful with full participation and adequate resource investment.Barriers to effective oversight and accountability include the interdependence and close-knit relationships between police commissions and police departments.“Police policing the police,”has been identified to lack true checks and balances on misconduct and poor policing practices.Lack of resources contribute to unequal distribution of power and responsibility to maintain community safety and ensure accountability. Additional barriers include: •oversight teams that are not independent from police; •police and police union-imposed restrictions on what information oversight teams’ access and release; •politicians compromising rather than sufficiently empowering oversight teams; •municipalities inadequately funding oversight teams so they cannot perform the full range of oversight necessary; •municipalities inadequately funding and supporting oversight teams to ensure that members are perceived as lacking professionalism or expertise; •communities lack the expertise of evaluation and review processes; •lack of diverse selection of evaluators,investigators,auditors to support the racial and equitable change City of South San Francisco Printed on 9/10/2021Page 11 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. •lack of diverse selection of evaluators,investigators,auditors to support the racial and equitable change in oversight, and •civilian oversight authority is subject to organized labor protections and city law provisions on boards and commissions An ill equipped and untrained oversight body is positioned to fail.Most effective oversight models are independent from police departments making their recommendations more trusted from the community. Strength in authority or capacity does not necessarily attest to a more effective body.The effectiveness of civilian oversight is difficult to measure as no oversight model is the same.However,with true metrics in place to monitor the number of complaints addressed,the time needed to address them,and the level of engagement civilian review agencies have in administrative policy and practices,communities can be aided in the achievement of a level of law enforcement accountability and reductions in police misconduct. Other National, State and Local Initiatives Outside of a community forming its own oversight agency,there are legislative and advocacy efforts to influence and/or direct the activities and policies surrounding public safety.National and state laws have been implemented to address law enforcement conduct.A few of these are included for context on the national policing landscape, and examples include the following: •Banning chokeholds: Assembly Bill -1196 Peace Officers: Use of Force •Investigation of use of force: Assembly Bill 1506 Peace Officers: Use of Force National laws in discussion include 1.George Floyd Justice in Policing Act of 2021-passed the House March 3,2021 awaiting on the vote of the Senate Fact Sheet: George Floyd Justice in Policing Act of 2020 •comprehensive package to address police accountability,end racial profiling,support a culture shift related to law enforcement that empowers communities and works to build trust 2.Justice for Breonna Taylor Act (S.3955)introduced June 11,2020 read in the Senate and referred to Committee on the Judiciary : •Prohibits no-knock warrants •Unanimously passed by Louisville, Kentucky metro council •Other states are adopting South San Francisco Police Department (SSFPD)had also adopted the Eight Can’t Wait framework and fully complies with seven of the eight policy changes;while partially complying to one.SSFPD is consistent with and aligned with state and national requirements and also participates in ongoing training which includes but is not limited to: •Bias- Based Policing - Remaining Fair & Impartial •Crisis Intervention •Defensive Tactics •Domestic Violence •First Aid/CPR •Racial Profiling & Cultural Awareness •Sexual Harassment •Strategic and Tactical Communication •Use of Force - Decision Making Simulators City of South San Francisco Printed on 9/10/2021Page 12 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. •Use of Force - Totality of the Circumstances •Workplace Violence Proposed Model for South San Francisco: Considering the various police oversight models around the country,and the legal limitations placed on South San Francisco as a General Law city,a hybrid advisory community safety board is recommended for South San Francisco.The proposed name is the Community Equity and Safety Advisory Board or VOICES -Vision of Inclusive Community Equity and Safety.Though without investigatory or audit power,the board could have some functions of a review board in that it can review and forward complaints. Focusing on a holistic approach to community safety which includes housing,education,social services and policing,the Equity and Safety Advisory Board aims to provide comprehensive overview of policies and procedures throughout South San Francisco.The Equity and Safety Advisory Board may achieve not only transparency and accountability but also a reduction in fear associated with law enforcement,while offering enhanced safety nets that support communities previously harmed by isolation and systemic injustice.The Equity and Safety Advisory Board also seeks to build trust and bolster community participation and decision making. The Equity and Safety Advisory Board will use an equity lens to reduce disparities in public safety and promote fair treatment.This will include investment in arenas that promote and create safe,healthy,and thriving communities, as well as strengthening partnerships that aid in crime reduction. The Equity and Safety Advisory Board will implement data collection and track progress using measures that are meaningful to the community.It will provide a safe space for residents to raise issues of racial and/or social equity which impact all areas of our city,including public safety,and will provide an environment for making recommendations for change.Final decision-making authority remains with the City Manager,City Council, and/or Police Chief depending on the nature of the policy change or procedure requested. The Equity and Safety Advisory Board would function with an emphasis on promoting racial and social equity in South San Francisco with authority to do the following: •Make recommendations which are publicly available,that will assist in identifying areas to improve equity, diversity and inclusion in all areas, including public safety; •Initiate and lead courageous and honest conversations that increase employee and community awareness and accountability to issues of race, privilege and inequity; •Act as a liaison between the community,law enforcement,City Council,and other Boards and Commissions; •Promote and adhere to transparency models and periodically share its efforts externally to encourage equity and inclusion among the community and officials; •Keep the Police Chief apprised of the community’s need for police services,and assist in informing the community’s need for police services, disaster preparedness, and function and role of the SSFPD; •Review policies and practices,and advocate for early intervention strategies that minimize involvement of youth in the criminal justice system; •Promote positive police-community relations in an effort to provide better services and expectations from the community and police; •Receive and forward complaints regarding police personnel for alleged misconduct,designing an City of South San Francisco Printed on 9/10/2021Page 13 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. •Receive and forward complaints regarding police personnel for alleged misconduct,designing an alternative way for members of the public to make a complaint.The resulting investigation would be conducted by an outside investigator retained by Human Resources or the City Attorney’s Office. The complaint and investigation process would be designed to respect the rights of both complainants and the officer who is the subject of the complaint.It would also and maintain consistency with applicable State and Federal law,the General City Law framework,and Bargaining Agreements between the unions representing police officers and the City; •Receive,collect,and publish data on police interactions and other aspects of public safety and equity, including data on types of complaints,though these will be aggregated so as to not show confidential information; •Recommend appropriate changes of public safety policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency,efficiency and justice in the provision of community public safety services; •Work within national,state and local law,and collective bargaining agreements to build a collaborative process to maintain community safety and equity; •Provide intentional and effective community outreach to stay apprised of community concerns, and; Establish rules of conduct,bylaws,etc.with a racial and social equity lens.Composition of the South San Francisco Community Equity Safety Advisory Board: •Refer to the South San Francisco Commission on Racial and Social Equity Action Plan for specific guidance and recommended criteria for the selection of advisory board members •Volunteer advisory board with nine members plus one alternate,with staggered four-year teams, appointed by the City Council following the standard model used for other South San Francisco Boards and Commissions; or •Alternatively,each Councilmember appoint one advisory board member from their respective district, with the remaining four members and the alternate appointed by the City Council following the standard model used for other South San Francisco Boards and Commissions •Board members must be residents of South San Francisco; •If City Council decides to follow the model of each Councilmember appointing a member from his or her district,the appointing Councilmember will retain the option of replacing the appointed board member without cause at any time; •Alternatively,members may be removed by a Council vote for any or no reason,as applies to other Boards and as may be updated in the Municipal Code •Applications, interviews and appointments are conducted when vacancies occur; •City Council is encouraged to consider appointment of members that represent or demonstrate knowledge of the experiences of limited-English speakers,people who are unhoused,and/or people living with mental illness and/or substance use disorders.Council is also encouraged to consider a diverse membership along race,gender,sexuality,age,national origin,and other characteristics,and to include diverse communities such as those that have been impacted by the justice system (e.g., people who have been arrested,youth whose parents were incarcerated),faith communities,and small business owners.If possible,it would be ideal to include at least one member with some level of expertise in law and/or labor relations. CONCLUSION The formation of a Community Equity and Safety Advisory Board can further the goals of the South San Francisco Commission on Racial and Social Equity,providing a community forum to address issues of public City of South San Francisco Printed on 9/10/2021Page 14 of 15 powered by Legistar™ File #:21-640 Agenda Date:9/15/2021 Version:1 Item #:2. Francisco Commission on Racial and Social Equity,providing a community forum to address issues of public safety and a permanent body to continue the work of the Commission in the arena of racial and social equity. Considering the limitations imposed by California law,and tailoring an Advisory Board model to meet the needs in South San Francisco,the formation of a formal,permanent advisory body addressing public safety and equity concerns is recommended,to be named the Community Equity and Safety Advisory Board or Vision of Inclusive Community Equity and Safety - VOICES. City Staff request feedback from City Council on whether to pursue the establishment of an equity and safety advisory board and,if so,the composition and role of such a board.If directed to move forward,City Staff will take direction from City Council,revise and finalize a proposal to create a new advisory board and return to City Council at a future meeting for further consideration and possible City Council action. City of South San Francisco Printed on 9/10/2021Page 15 of 15 powered by Legistar™ 1 September 15, 2021 SSF VOICES: SSF Vision of Inclusive Community Equity and Safety 2 Agenda Share CRSE Context Share Main Recommendation Review Limits of California Law on Forming Police Oversight Bodies Review Limitations Imposed by Public Employee Labor Relations Provide Overview of Existing Models Review the Advisory Board Model Make Recommendations for SSF Recommended Responsibilities Recommended Composition of a Board 3 SSF Commission on Racial and Social Equity The CRSE developed a Final Report and Action Plan Main components: 1 -DEI staff position 2 -Criminal justice system CWCRT Equity Advisory Board Community engagement 3 -Target resources Promotores Community Resource Center Housing insecurity Educational resources 4 -Land use planning Equity Board is: •Central to Action Plan •Able to further equity across City 4 Advisory powers + complaint review Focuses on a holistic approach to community safety which includes housing, education, social services and policing Recommendation for SSF: Hybrid Advisory Board Commissioners have expressed support for a SSF Community Equity & Safety Advisory Board that will: Review data on equity and public safety Make recommendations Receive citizen complaints regarding law enforcement misconduct Foster community trust Address institutional and structural racism 5 •SSF is organized as a General Law City, which means it only has the powers granted to it under State law. •State law expressly assigns control over the police department to the Police Chief. •State law treats public employee personnel records as private and confidential. Under state law, police personnel records have heightened protections. General Law City Overview Voters City Council City Manager City Administration Department Heads and Staff 6 Per State law and Municipal Code, the City Manager has authority over: •Hiring, firing, and discipline for all City employees •Policies and procedures for the administration of the City Per State law and case law: •Police Chief has authority over policies and procedures for some aspects of policing •Police officer personnel records—including investigation reports—are required to be confidential General Law City: Roles + Responsibilities An Advisory Board can: Review and recommend changes to policies and procedures Gather community input on policies and procedures to inform their recommendations 7 Public Employees: Labor Relations Meyers-Milias-Brown Act (“MMBA”)”: Requires public agencies to “meet and confer in good faith” over wages, hours, and terms and conditions of employment with represented labor groups. Does not require the agencies to bargain over the “merits, necessity or organization of work.” However, agencies have the duty to bargain over the effects of such decisions on the represented workforce, including any policy decisions. An Advisory Board can identify policies and procedures to consider in the bargaining process 8 Public Employees: Discipline + Appeals Process “Due process” rights for employment and income Disciplinary action involving termination or loss of pay must be for “good cause” or “just cause”. Entitlement to a pre-disciplinary hearing and post-disciplinary appeals process. Police Officer’s Bill of Rights requires an administrative appeals process for punitive action. Final step of the appeal process includes the Personnel Board or Binding Arbitration An Advisory Board can educate community about complaint process, receive complaints, refer complaints to investigation process, and track trends around complaints 9 Recap: What’s possible? An oversight body in SSF can: Review and recommend changes to policies and procedures in all areas Can look at policy in the bargaining process Gather community input on policies and procedures to inform their recommendations Field and refer complaints, track trends around complaints, educate community about complaint process 10 Questions for SSF HR or City Attorney? Overview of Existing Models 12 Police Oversight Models Investigative Review-focused Auditor/Monitor-focused Advisory Hybrid Common Types of Accountability + Oversight Bodies 13 Summary of Police Oversight Models •Operate independently of police departments •Address complaints against law enforcement •Has authorization to investigate certain complaints •Atlanta, GA •Chicago, IL •Long Beach, CA •Review the quality of completed police internal affairs investigations •Receive and forward complaints •Hear appeals •Make recommendations for discipline, policy or procedure revision •Baltimore, MD •San Diego, CA •Las Vegas, NV •Perform ongoing reviews of complaint process •Promote organizational change by conducting systematic review of police policies, practices, or trainings •Fresno, CA •County of Los Angeles •Wichita, KS Investigative Review Auditor/Monitor 14 •Provide recommendations regarding community issues •Seek input from diverse groups of community members •Collaborate between the community, community safety departments, law enforcement agencies •Conduct research •Provide skilled volunteer services •Focus on solution building, receiving citizen complaints, crime reduction, and disaster preparedness Community Safety Advisory Boards Places with Community Safety Advisory Boards •Mountain View •Walnut Creek •Hayward 15 Examples: Advisory Board Walnut Creek, CA •Solely advisory •Collects data •Resource for the Chief, formation of strategies and transparency Mountain View, CA •Proposing a work plan for City Council •Provides community informed input and recommendations on public safety Hayward, CA •Sounding board and feedback to Chief of Police •Strengthens relationship with community 16 Examples: Hybrid Board National City, CA •Members appointed by mayor and residents •Provides forum for citizens to voice their concerns about police conduct and practices, receive and review complaints regarding the police department Portland, OR •Members are public officials •Provides community input to the Equity and Inclusion Office, advises on the Racial Equity Plan Anaheim, CA •Provides real-time input on major police incidents •Review current and proposed police department policies •Reports statistics on officer-involved shootings, use of force, complaints 17 Why this recommendation? •Based on a review of research •Based on the legal and HR specific considerations in SSF •Advisory Board + complaint review Recommendation for SSF: Hybrid Advisory Board Goals for Advisory Board in SSF •Make recommendations to policy and procedures •Enhance safety nets that support communities previously harmed by isolation and systemic injustice •Achieve transparency and accountability •Bolster community participation and decision making •Build trust 18 Role: Liaison between the community, community safety departments, City Council, and commissions Initiate and lead conversations to increase employee and community awareness related to race + inequities Provide effective community outreach, host community forums and listening sessions, stay apprised of community concerns Inform the community of public safety services and promote positive police-community relations Keep the Police Chief apprised of community’s needs for police services, disaster preparedness, and assist in informing the community about the function and role of SSFPD Review and publish data on racial and social disparities, utilization of health and social services, public safety, police complaints, and other equity information Recommended Responsibilities (1 of 2) 19 Role: Make recommendations related to equity and community safety Make recommendations to improve equity, diversity, and inclusion in all areas and related to public safety, including through changes of public safety policies and procedures Review policies and practices and advocate for early intervention strategies that minimize involvement of youth in criminal justice system Establish rules of conduct, bylaws, etc. with a racial and social equity lens Design an alternative way through which community members may submit complaints about alleged misconduct Recommended Responsibilities (2 of 2) 20 Volunteer advisory board 9 members and 1 alternate member Members appointed by City Council One per district, 4 at large Or by standard model, where Council appoints all 9 Council will be able to replace an appointee at any time Four-year terms Recommended Composition for SSF Community Safety + Equity Advisory Board 21 Recommended Composition for SSF Community Safety + Equity Advisory Board Board should reflect SSF’s demographics Members must be residents of SSF The body is encouraged to have a diverse membership Consider: •Limited-English speakers •People who are unhoused •People living with mental illness and/or substance use disorders •Justice-impacted individuals •Members of faith communities •Small business owners •People with expertise in law and/or public administration 22 Questions? Appendix A: A. Community Safety Advisory Board models 1. Walnut Creek, California: Chief's Community Advisory Board Population: 70,812 Composition:  The Chief’s Community Advisory Board (CAB) is established under the direction of the Chief of Police.  The Board will be comprised of 10-15 stakeholders, featuring a diverse cross-section of active community members throughout the City of Walnut Creek. These members will represent a range of interests and experience, such as business owners, education, non- profits, public relations, faith community, youth representation, and more.  Members must be Walnut Creek residents or Walnut Creek business owners and are selected from the pool of applicants by the Chief of Police, a community representative and the City’s Communications and Outreach Manager. Members are chosen to serve on the board for their professionalism, integrity and commitment to their community.  The term for board members is limited to two years to allow for greater participation by all interested parties.  Extensions for sitting on the board will be considered on an individual basis at the discretion of the Chief of Police. Members may be removed prior to the end of their term at the discretion of the Chief of Police Primary function  The Board is created to act as a resource for the Chief in the formation of strategies, development of community policing concepts, increasing public awareness, furthering engagement and transparency efforts and identifying best practices. The Board is intended to provide a forum for discussions concerning community issues and the goal is to have a broad spectrum of viewpoints represented. The Walnut Creek Police Department is committed to community engagement and providing exceptional and transparent police services.  The committee will be provided with an annual summary of statistics such the number of police uses of force, the number of police pursuits, crime rates, and the number of citizen complaints received.  The CAB meets on the third Thursday of every month, currently in a virtual setting. It is expected that each board member will contribute and provide input on the topics the board and Chief of Police deem appropriate and timely. Capacity  The CAB acts solely in an advisory capacity and will be driven by the active participation, creativity and vision of its members. It will not receive or review complaints initiated against personnel of the Walnut Creek Police Department, nor play any role in civil or criminal litigation.  Although the CAB is expected to be proactive, it will not have power or authority to investigate, review or otherwise participate in matters involving specific police personnel or specific police- related incidents. Purpose:  To carry out its purpose, the Board will address issues associated with police-community relations, the improvement of the Walnut Creek Police Department’s operations, and public safety issues in order to further enhance the quality of life in our community. The CAB will act as a sounding board for the Chief regarding community needs and concerns, keep the Chief apprised of the community’s need for police services, and assist in informing the community at large about the function and role of the Walnut Creek Police Department. The Board will focus on contemporary challenges that impact the community and its Police Department. Examples of topics include, but are not limited to, the following: Use of Force Mental Health Response Criminal activity and trends Transparency Homelessness Technology. Media: Mental health issue shouldn’t be a death sentence https://www.sfchronicle.com/bayarea/article/Family-of-mentally-ill-man-shot-dead-by-Walnut- 15579414.php 2. Mountain View, California: Public Safety Advisory Board Population: 81,656 Composition:  The City of Mountain View Public Safety Advisory Board was established in 2020. The PSAB includes up to seven members.  Appointments to the first PSAB will include three positions serving 2-year terms expiring in 2023 and four positions serving 4-year terms expiring in 2025. Subsequent appointments to the PSAB will all be for 4-year terms.  To bring diverse representation to the PSAB, the City Council strives to appoint members from different neighborhoods, of varying ages, races, professions and cultures.  The PSAB will have a staff liaison and receive support from both the City Manager’s Office and Police Department.  Melvin Gaines, Principal Management Analyst from the City Manager’s Office, serves as the lead staff liaison. The lead liaison is responsible for developing the agenda and overseeing the information and recommendations presented to the PSAB. Captain Michael Canfield serves as a support liaison from the Police Department. Primary function:  Advise and make recommendations to the City Council, City Manager and Police Chief on public safety matters.  The PSAB will review topics discussed at the Ad-Hoc Council Subcommittee on Race, Equity, and Inclusion meetings in 2020 and propose a work plan for City Council approval. Potential work plan items include review of MVPD contact data demographics, exploration of alternative responses to mental health related calls for service, and review of community input from the Human Relations Commissions 2020 community listening forums on local policing, MVPD x Partnering for the Future participants and other sources. Capacity:  The Public Safety Advisory Board serves solely in an advisory capacity. Purpose:  Providing the City Council, City Manager and Police Chief with community informed input and recommendations on public safety matters  Serving as a forum for public discussion of public safety matters, including community policing concepts, furthering MVPD engagement and transparency efforts, and identifying best practices   Acting as a liaison between the community and Police Department  Resource: City of Mountain View Race, Equity and Inclusion Action Plan Media: Mountain View’s Commitment On Race, Equity And Inclusion https://patch.com/california/mountainview/mountain-views-commitment-race-equity-inclusion 3. Hayward, California: Hayward Police Department Community Advisory Panel Population: 158, 089 Composition:  Members of the Community Advisory Panel (C.A.P.) are selected from a pool of Hayward community members recommended by members of the City Council. At its inception, each City Council Member will recommend two to three community members for consideration.  Members will be selected following the approval of a majority of the Chief of Police, the City Manager, and the Mayor.  The Chief of Police, City Manager, and Mayor will hold equal stakes in the decision- making process and no one member will be able to override another.  The Chief of Police, City Manager, and Mayor may involve additional staff, City commissioners, or other City officials in the selection process but will retain their decision-making power.  The C. A. P. will be led by the Chief of Police or his/her chosen Chairperson. Members will serve a renewable two-year term. At its inception, half of the original members will serve an initial two- year term and half will serve an initial one-year term. This is solely to establish rotating terms.  Panel members may serve a maximum of three (3) terms. The number of panel members selected to represent the community shall be at least eight (8) and a maximum of twelve (12). Primary function:  The C.A.P. was created to provide the Chief of Police and Hayward Police Department with direct community input and provide community members with direct access to the Chief about perceived issues related to the department, the formation of strategies and concepts around community policing, increase public awareness and provide neutral, third-party insight that supports a productive and inclusive exchange of ideas to be considered in the department’s decision-making process.  Acting as a sounding board for the Chief of Police regarding community needs and concerns; as well as provide community feedback about proposed police programs and priorities.  Assisting in educating the community at large about the function and role of the Hayward Police Department.  Connecting with community members, particularly persons or communities who may be reluctant to approach the department on their own, to better understand the needs of the community and how the Hayward Police Department can support meeting those needs.  Advising the Chief of Police directly about the public perception or perceived image of the Hayward Police Department or any specific aspect of it. Capacity:  The scope of the panel does not include participation in departmental disciplinary actions, legal issues, ongoing criminal or internal investigations, or active critical incidents. The panel does not make or dictate department policy and is not a policy-making body  Purpose:  The purpose of the C.A.P. is to strengthen the relationship between HPD and Hayward community members by creating a structured and intentional vehicle for dialogue between community members and the Hayward Police Department. In strengthening this relationship, HPD aims to advance the following ideals:  Ensure that the Chief and HPD personnel receive timely information and feedback about community concerns, crime, policing practices, and policies directly from community members that will be incorporated into the decision-making process;  Build stronger partnerships between the department and the Hayward community to reduce crime and improve safety for all community members; and   Develop a pathway for increasing HPD’s understanding of the perspectives of community members who have not traditionally been engaged or included by the department and including those perspectives in policy development. Resource: Hayward Police Department Community Advisory Panel Roles and Responsibilities Media: Hayward police shooting: Body cam footage released B. Investigative Model Cities 1. Atlanta, Georgia: The Atlanta Citizen Review Board (ACRB) Population: 6 million +, Metropolitan area Composition:  ACRB Appointment Structure (Code Section: 2-2202)  One (1) member shall be appointed by the Mayor   One (1) member shall be appointed by the City Council   One (1) member shall be appointed by the President of Council with previous experience as a law enforcement professional.  One (1) member shall be appointed by Neighborhood Planning Unit (NPU) Group A – F   One (1) member shall be appointed by NPU Group G – L  One (1) member shall be appointed by NPU Group M – R   One (1) member shall be appointed by NPU Group S – Z  One (1) member shall be appointed from the Gate City Bar Association   One (1) member shall be appointed from the Atlanta Bar Association   One (1) member shall be appointed by the League of Women Voters   One (1) member shall be appointed by the Atlanta Business League   *Note: The members of the ACRB may make recommendations to the Mayor, President of Council and Council members of prospective members to be appointed by the Board.  ACRB Composition of Board (Code Section: 2-2203)  For the purpose of section 2-2202(A)(4), experience as a law enforcement professional shall include experience as a police officer, criminal investigator, special agent or managerial or supervisory employee who exercised substantial policy discretion on law enforcement matters in a federal, state or local law enforcement agency, other than experience as an attorney in a prosecutorial agency.  Other selected shall have skills and experience in areas relevant to the work of the Board. Areas that should be represented are: civil rights work and litigation; community and business leadership; and relevant academic expertise.  No member of the Board shall hold any other public office or hold employment with the City of Atlanta  The chair of the Board will be elected by the Board from among its members. At the first meeting of the Board it shall, by majority vote of all of its members, adopt rules governing the conduct of its meetings, proceedings and other procedural matters.  To enable the Board to conduct its work, the Board is authorized to hire its own Director and appropriate investigative and clerical staff. Additional staff support to the Board shall be provided by the Office of the Mayor, the City Attorney, the Department and Corrections upon the request of the Board. Primary function:  “The Atlanta Citizen Review Board investigates and mediates cases of alleged police misconduct by sworn officers of the Atlanta Police Department (APD) and the Atlanta Department of Corrections (ADC).”  An explanation of the ACRB’s complaint procedures shall be made to all police and corrections officers in a general order to be included in the manual of rules and procedures of a law enforcement unit and be included in the training program for new corrections and police officers.  Each member of the ACRB receives training on the issues of abusive language, false imprisonment, harassment, use of excessive force, serious bodily injury, death which is alleged to be the result of the actions of an employee of the Department of Corrections or Police. Capacity:  The Board shall advise the Mayor, the President of Council, Council members and the Chief of Police and the Chief of Corrections on policies and actions of the Police and Corrections Department with the purpose of improving the ability of police personnel to carry out their duties and to improve the relationship between the Department, Corrections and the community.  The Board shall have the power to conduct investigations and public hearings.  The Board shall have full discretion to select appropriate individual incidents to review and broader issues to study which may be of concern to the community, the Police and Corrections; provided, however, that the Board shall, to the best extent possible, minimize duplication of effort between the Board and any other existing agencies which have jurisdiction over the same matter. The Mayor, the President of Council, Council members and the Chiefs of Police and Corrections, and other responsible officials shall ensure that all such agencies cooperate to the greatest extent possible in the performance of their respective activities, studies and operations.  The Board may initiate studies upon request to the Board by any member of the public or the Police Department and the Department of Corrections or at the Board’s own discretion. The Board may review specific complaints or incidents of misconduct against individual police officers; including those involving language related to race, ethnicity, religion, gender, sexual orientation or disability.  In order to accomplish its goals as set forth above, the Board shall, have full access to relevant Police Department and Corrections personnel for interview and to relevant documents.  All employees of Atlanta City government are hereby directed to fully cooperate with the Board by promptly producing documents, records, files and any other information that the Board may request. In addition, employees on request of the Board, shall be available to meet with and be available to meet with and be interviewed by, the Board or its representatives and/or to testify before the Board. Purpose:  This impartial body of citizens serves to help ensure the highest level of equality under the law for all people by providing a voice to citizens of the Atlanta community at large. Resource: (Ordinance and bylaws attached) https://acrbgov.org/service/ordinance-bylaws/ Media: Executive Director for The Atlanta Citizen Review Board Calls for More Community Involvement How police killing of Rayshard Brooks could empower Atlanta’s Citizen Review Board. 2. Chicago, Illinois: Civilian Office of Police Accountability Population: 9.5 Million, Metro Area Composition:  COPA is comprised of a diverse staff with many years of investigative and legal experience.  COPA’s Chief Administrator is required to be an experienced attorney in criminal, civil rights, labor law, corporate and/or governmental investigations.  As of October 31, 2019, there are 145 budgeted positions (COPA Team )  All investigators (60) completed a weeks-long training program called COPA Academy, which provides our investigative and legal staff training on investigative processes, practices and principles. The hands-on-training is taught by subject matter experts and COPA senior leadership, and covers a variety of subjects, including implicit bias, complaint intake, procedural justice, investigative strategies and tactics, and legal concepts. Primary function:  COPA receives complaints from residents and individual police officers, as well as incident notifications from the Chicago Police Department (CPD). Some of these complaints fall within COPA’s jurisdiction, whereas others fall within CPD’s Bureau of Internal Affair’s (BIA) jurisdiction. These complaints are sorted and classified based on which investigative body has jurisdiction over the matter Capacity: On October 5, 2016, the Chicago City Council passed an ordinance to establish the COPA, which replaced the Independent Police Review Authority as the civilian oversight agency of the Chicago Police Department. Under the direction of the Chief Administrator, COPA is directly responsible for:  conducting investigations into allegations of the use of excessive force, domestic violence, verbal abuse, coercion, improper search or seizure, and unlawful denial of access to counsel.  investigating all incidents, including those in which no allegation of misconduct is made, involving an officer’s discharge of a firearm, an officer’s discharge of a stun gun or taser in a manner that results in death or serious bodily injury, where a person has died or sustained serious bodily injury while in police custody, and all incidents of an “officer- involved death.”  COPA also has the power to investigate patterns and practices of misconduct in any form. Effective April 13, 2018 - based on information obtained through such investigations, to make policy recommendations to improve the Chicago Police Department and thereby reduce incidents of police misconduct within its jurisdiction with integrity, transparency, independence, and timeliness. Purpose:  It is COPA’s vision to contribute to the public safety of all Chicagoans by promoting quality and fair policing and police accountability. COPA performs the intake function for all allegations of misconduct made against members of the Chicago Police Department. The goal of every COPA investigation is to determine whether allegations of misconduct are well-founded, applying a preponderance of the evidence standard; to identify and address patterns of police misconduct; Civilian Office of Police Accountability Rules and Regulations.  COPA strives to conduct investigations with the highest level of integrity and independence in order to make findings based on a thorough review of the evidence and accurate legal analysis, without regard for political influence Resource: COPA Investigative Procedures COPA Ordinance in Relation to Police Oversight Media: Appeals court tosses $44.7 million verdict by off duty Chicago cop 3. Long Beach, California: The Citizen Police Complaint Commission Population: 463, 218 Composition:  The Citizen Police Complaint Commission shall be composed of eleven (11) members who are broadly representative of the racial, ethnic, religious, labor, business, age, gender, sexual orientation, and disabled members of the general public, and who reside in the City of Long Beach.  Each member shall be appointed by the Mayor, subject to confirmation by the City Council.  There shall be one Commission member appointed to represent each of the nine City Council districts, and two members appointed at large.  Each member of the City Council shall nominate an individual to the Mayor to represent each respective Council district.  The term of each member of the Commission shall be for two years; provided, however, that of the eleven members first appointed after the effective date of the Article, a drawing will be held at the first meeting to determine who serves for two years and three years; six shall serve for three years, and five shall serve for two years. No person shall serve more than two full terms. Serving any portion of an unexpired term shall not be counted as service of one term.  The City Manager shall appoint an Independent Investigator, as needed, who shall serve at the pleasure of the City Manager. The investigator shall have the authority to receive, administer and investigate, at the direction of the Commission, allegations of police misconduct, with emphasis on excessive force, false arrest and complaints with racial or sexual overtones. The investigator shall thereafter report the results of said investigations to the Commission.  The office of the investigator shall be located outside of the Public Safety Building. Primary function:  Established April 10, 1990 through a City Charter amendment with authority to receive, administer and investigate, through an Independent Investigator, allegations of police misconduct with emphasis on excessive force, false arrest, and complaints with racial or sexual overtones   The Citizen Police Complaint Commission (CPCC) is one of six chartered commissions established to provide feedback and input to the City Manager, Mayor, and City Council on specified matters.  To receive, and in its discretion to administer and investigate, through the Independent Investigator, allegations of police misconduct, with emphasis on excessive force, false arrest, and complaints with racial or sexual overtones.  To conduct a hearing into allegations of police misconduct, when such hearing, in the discretion of the Commission, will facilitate the fact-finding process   To subpoena and require the attendance of witnesses, and the production of books and papers pertinent to the investigation and to administer oaths to such witnesses to the extent permissible by law.  To thereafter make recommendations concerning allegations of misconduct to the City Manager, who shall have final disciplinary authority.  To recommend to the City Council the provision of such staff as is necessary to carry out its powers and duties under this Article. Upon authorization by the City Council the City Manager shall select staff members, who shall serve at the pleasure of the City Manager.  The Commission shall advise the City Manager of the performance of said staff, and the City Manager shall thereafter take such steps as he deems necessary to assure their satisfactory performance. Capacity:  The CPCC investigates allegations of police misconduct and reviews the service provided by members of the Long Beach Police Department   The Commission cannot, however, recommend discipline or penalty. While the Commission does not set policy, its findings have resulted in policies being changed or clarified to best serve the community.  The CPCC is neither an advocate for the complainant nor for the police personnel. Their findings can result in the accused personnel being disciplined, trained or exonerated. Purpose:  To establish guidelines for the receipt and processing of allegations of police employee misconduct  Commissioners provide a valuable insight into the community’s perception of and experience with members of the Long Beach Police Department. Resource: Long Beach City Charter and Bylaws Media: Long Beach Police Commission to Access Officer Statements C. Review Model Cities 1. Baltimore, Maryland: Civilian Review Board, (CRB) Population: Metro area 2.3 Million Composition:  Board members are composed of a member of the public from each of the nine police districts in Baltimore City.  Members of the Board are selected by the Mayor and subject to the advice and consent of the City Council.  On the Commission as nonvoting members, are one representative of the Fraternal Order of Police, one representative of the Vanguard Justice Society, the Baltimore City Police Commissioner or the Commissioner's designee, one representative of the American Civil Liberties Union of Maryland (ACLU), and one representative of the Baltimore City Branch of the National Association for the Advancement of Colored People (NAACP). Primary function  The Civilian Review Board of Baltimore City is an independent agency in the city through which members of the public can issue a complaint against officers of various law enforcement units. The Civilian Review Board takes complaints that allege the use of excessive force, abusive language, harassment, false arrest, and false imprisonment.  The law enforcement units that the Civilian Review Board handles complaints for are: the Baltimore City Police Department, the Baltimore City School Police, the Baltimore City Sheriff's Office, the Baltimore Environmental Police, the Police Force of the Baltimore City Community College, and the Police Force of Morgan State. The Civilian Review Board also reviews Police Department Procedures and makes recommendations to the Commissioner. Capacity:  The Civilian Review Board is also empowered to review policies of a law enforcement agency and make recommendations.  The Civilian Review Board of Baltimore City is the only independent City agency authorized to investigate complaints of police misconduct Purpose:  Civilian Review Board is established as a permanent independent agency through which members of the community can lodge complaints regarding abusive language, false arrest, false imprisonment, harassment, or excessive force by police officers of a law enforcement unit. Resource: Baltimore City Civilian Review Board Bylaws Baltimore City Civilian Review Board Statement, 2020 Media CRB Enabling Statute Misconduct complaints against police drop 40% 2. San Diego, California Citizens’ Law Enforcement Review Board (CLERB) Population: 3.2 million, Metro area Composition:  The Review Board is composed of eleven volunteers from the County's five Supervisory Districts.  Members are not affiliated with the Sheriff's Department, Probation Department, or the County of San Diego.  Review Board members are nominated by the County's Chief Administrative Officer and appointed by the Board of Supervisors.  The Review Board currently is supported by three County employees: an executive officer, an investigator, and an administrative assistant. Primary function:  Prepare reports, including at least the Sheriff or the Chief Probation Officer as recipients, on the results of any investigations conducted by CLERB in respect to the activities of peace officers or custodial officers, including recommendations relating to any trends in regard to employees involved in Complaints.  Prepare an annual report to the Board of Supervisors, the Chief Administrative Officer, the Sheriff and the Chief Probation Officer summarizing the activities and recommendations of CLERB including the tracking and identification of trends in respect to all Complaints received and investigated during the reporting period and present the annual report to the Board of Supervisors within 60 days of its adoption by CLERB.  The Review Board also investigates deaths that arise out of, or in connection with, the actions of these peace officers, regardless of whether a complaint is filed. The Review Board makes advisory findings on complaints and recommendations for policy and procedure changes to the Sheriff, Chief Probation Officer, and the Board of Supervisors.  The focus of the Review Board is fact-finding, not advocacy for complainants or peace officers. The Review Board also publishes meeting agendas, minutes, summary and statistical reports and provides "early warning reports" to the Sheriff and Chief Probation Officer. Capacity:  CLERB shall have authority to receive, review, investigate, and report on Complaints filed against peace officers or custodial officers employed by the County in the Sheriff’s Department or the Probation Department that allege: (a) Use of excessive force; (b) Discrimination or sexual harassment in respect to members of the public; (c) The improper discharge of firearms; (d) Illegal search or seizure; (e) False arrest; (f) False reporting: (g)Criminal conduct; and/or (h) Misconduct.  CLERB shall have jurisdiction in respect to all Complaints arising out of incidents occurring on or after November 7, 1990. Notwithstanding the foregoing, CLERB shall not have jurisdiction to take any action in respect to Complaints received more than one year after the date of the incident giving rise to the Complaint, except that if the person filing the Complaint was incarcerated or physically or mentally incapacitated from filing a Complaint following the incident giving rise to the Complaint, the time duration of such incarceration or incapacity shall not be counted in determining whether the one year period for filing the Complaint has expired.  CLERB shall have authority to review, investigate, and report on the following categories of incidents, regardless of whether a Complaint has been filed: (a) The death of any individual arising out of or in connection with actions of peace officers or custodial officers employed by the County in the Sheriff’s Department or the Probation Department, arising out of the performance of official duties. CLERB shall have jurisdiction in respect to all deaths of individuals coming within the provisions of this subsection occurring on or after November 7, 1990.  The Review Board’s decisions on complaints and any related recommendations are advisory and non-binding. This means the Review Board does not have authority to compel the Sheriff’s Department or the Probation Department to adopt its decisions, act on policy recommendations, or impose discipline on a deputy or probation officer for a sustained misconduct finding.  CLERB is not established to determine criminal guilt or innocence. Purpose:  To increase public confidence in government and the accountability of law enforcement by conducting impartial and independent investigations of citizen complaints of misconduct concerning Sheriff's Deputies and Probation Officers employed by the County of San Diego.  The County's Charter Section 606 charges the Review Board with receiving, reviewing, and investigating complaints about the conduct of peace officers performing their duties while employed by the Sheriff's Department or the Probation Department. Resource: San Diego City Charter CLERB Rules and Regulations Media Review board reverses an earlier decision 3. Las Vegas, Nevada Citizen Review Board, (CRB) Population: 2.2 million, Metro area Composition:  In response to the 1997 fatal shooting of Daniel Mendoza by off duty Metro police officers, minority communities from the city joined in efforts to establish an independent citizen police review board with subpoena power and the authority to recommend sanctions for officer misconduct.  Panel members will be randomly selected by the director, who shall notify the members of their selection. No more than one former peace officer may be selected to serve on any panel.  Members must reside within unincorporated Clark County or the City of Las Vegas to qualify for appointment to the Board; may not be an elected official or a current or former employee of the LVMPD.  Participation in a mandatory training that is required for all new members including over forty hours of classes, ride-a-longs and jail tours.  If a panel member is selected but is unavailable to serve, the director shall randomly select another member until the panel is filled.  Eligible review board members who decline appointments to serve on a panel or who fail to attend meetings of a panel are subject to removal from the review board pursuant to the provisions of Section 2.62.040(k).  The CRB is composed of twenty-five citizens who are appointed by two members of the Las Vegas City Council and two members of the Clark County Board of County Commissioners. Primary function:  L.V.M.P.D. Citizen Review Board is to serve as an independent civilian oversight agency to review complaints of misconduct against Metro peace officers and to review internal investigations done by the L.V.M.P.D. Capacity  The Review Board shall have jurisdiction to receive and review all citizen complaints or requests for review of an internal investigation concerning peace officers employed by the Metropolitan Police Department. Purpose:  The Citizen Review Board was established for the purpose of providing civilian review of the investigations of alleged police misconduct of peace officers employed by the Las Vegas Metropolitan Police Department. The Board reviews complaints of misconduct filed by citizens, and makes recommendations to the sheriff for discipline, as well as, advising on departmental policies and practices. The goal of the Board is to ensure the integrity of investigations of police misconduct and to enhance community confidence in METRO. Resource: Complaint Process Flow Chart Media: Back log of complaints D. Auditor Model Cities 1. Fresno, California: Office of Independent Review Population: 777,000, Metro area Composition:  Independent Police Reviewer for the Office of Independent Review, which provides a neutral, third-party review of police policies, procedures, strategies, and internal investigations.  The Independent Auditor is tasked with the establishment and implementation of an inspection process for the FPD, focusing primarily on individual units and their adherence to the policy manual of the FPD. The Independent Auditor examines each unit for compliance, rates of compliance and advises the department on any issues. Primary function:  OIR analyzes complaints filed by citizens with the Police Department Internal Affairs Division to ensure they have been investigated fairly and thoroughly.  The OIR also provides an objective analysis of individual units within the police department to ensure compliance with policy and procedure, best practices and the law. This includes recommendations on findings to increase thoroughness, quality and accuracy of each police unit reviewed. Capacity:  Each OIR audit will focus on evaluating the adequacy, thoroughness, quality, and accuracy of the Police Department’s investigation report. The OIR also reviews Police Department Inquiry and Complaint logs, identifies and monitors trends within the Police Department, provides guidance to police officers and police managers when requested; and serves as an informational resource for the community. Purpose:  The Office of Independent Review (OIR) works to strengthen community trust in the Fresno Police Department by providing neutral, third-party review of police policies, procedures, strategies, and internal investigations.  OIR works independently of the Fresno Police Department (part of the City Manager’s Office), and provides the City’s leaders and the public with objective analysis of policing data, actions, and outcomes.  The work of the OIR is guided by the following principles: Independence, Fairness, Integrity and Honesty, Transparency, Participation of Stakeholders, Acceptance, Cooperation and Access, Obedience to Legal Constraints Resource: Office of Independent Review Quarterly Report Media Excessive force case 2. Los Angeles County, California: The Los Angeles County Civilian Oversight Commission Population: 10 million Composition:  The Commission is comprised of nine members representing the Board, with four members of the Commission recommended by community and other affiliated groups.  Each shall be a resident of the County of Los Angeles.  Five members shall be appointed by the Board, one nominated by each Supervisorial District.  The following individuals cannot serve as members of the Commission; (a) A current employee of the County of Los Angeles; (b) A current employee of any law enforcement agency, including a police or prosecutorial agency for a government entity, or any individual who has been an employee of such an agency within the previous year.  Each member shall serve for a three-year term. No member may serve on the Commission for more than two full consecutive terms unless such limitation is waived by the Board of Supervisors. The term for all members shall begin on July 1st and end on June 30th. However, the first term of all members who are the initial appointees to the Commission, shall be deemed to commence on the date their appointment is approved by the Board of Supervisors and will end on June 30th of a succeeding year  Each commission member must successfully complete a comprehensive training and orientation program within six months of appointment. Failure to complete the training may result in disqualification.  The training program shall be robust and cover constitutional policing including such topics as use of force, firearms, custody, mental health issues, juvenile justice and patrol.  Each commission member shall actively participate in the ongoing training program. Primary function  The cornerstone of the Commission’s work is community engagement and such engagement is encouraged and valued. Capacity:  Review, analyze, and where appropriate solicit input, and make recommendations to the Board of Supervisors and the Sheriff on the Sheriff's Department's operational policies and procedures that affect the community or make recommendations to create additional operational policies and procedures affecting the community and request a response from the Sheriff   Investigate through the Office of Inspector General (OIG), or through its own staff, analyze, solicit input and make recommendations to the Board of Supervisors and the Sheriff on systemic Sheriff - related issues or complaints affecting the community.  Review policy recommendations made by outside entities at the request of the Board of Supervisors or the Sheriff or recommendations made in other reports that in the judgment of the Commission merit its analysis, and report to the Board of Supervisors or the Sheriff whether or not the recommendation(s) should be implemented by the Board of Supervisors or the Sheriff or, if the recommendation(s) is being implemented, the status of implementation.  Only at the request of the Board of Supervisors and/or the Sheriff, serve, either collectively or through one or more of its members, as the monitor of the implementation of settlement provisions in litigated matters.  Function as a liaison, or at the request of the Board of Supervisors, the Sheriff, and/or community groups or organizations involved, serve as a mediator to help resolve ongoing disputes between the Sheriff's Department and members of the community, or organizations within the County of Los Angeles  Obtain community input and feedback on specific incidents involving the use of force, detention conditions, or other civil rights concerns regarding the Sheriff's Department, convey to the Board of Supervisors and the Sheriff community complaints, concerns or positive feedback received by the Commission, and where appropriate, make recommendations  Commendations or complaints concerning the L.A. County Sheriff’s Department will be handled by the Office of the Inspector General. Purpose:  The purpose of the Commission is to improve public transparency and accountability with respect to the Los Angeles County Sheriff's Department, by providing robust opportunities for community engagement, ongoing analysis and oversight of the department's policies, practices, procedures, and advice to the Board of Supervisors, the Sheriff's Department and the public.  Four community members shall be appointed by the Board upon recommendation by the Executive Officer of the Board of Supervisors, in consultation with County Counsel. Subsequent appointments shall follow a process set forth in the Commission's Handbook. Resource: County of Los Angeles Ordinance: Sheriff Civilian Oversight Commission COC Meetings and Agendas Media Atty. Gen. investigation, Sheriff accused of blocking commission investigations 3. Wichita, Kansas: Wichita Citizen’s Review Board Population: 389,000 Composition:  There are no more than thirteen (13) members who serve on the board. The thirteen members are appointed by the City Manager;  Be at least eighteen (18) years of age;  Be a resident of the City of Wichita;  Not be employed by the City of Wichita or be the immediate family member of an employee of the City of Wichita;  Not be a member of or the immediate family member of any member of the Wichita City Council;  Be a citizen of the United States;  Have no pending criminal charges in any local, state, or federal jurisdiction or court of law;  May not currently be on probation, parole, or participating in a diversion or deferred judgment agreement for any misdemeanor conviction for the following offenses:  Is not registered as a sex offender with any state, county, or local government;  May not have been convicted of a felony or a misdemeanor domestic violence offense as defined by Section 1.06.010 of the Code of the City of Wichita or the statutes of the State of Kansas;  Is not an elected local, state, or federal public official or a candidate for any such office;  Is not a party or representative of a party making a claim against the City of Wichita for any action or inaction of an employee of the City of Wichita;  Not a present law enforcement officer or the immediate family member of any such law enforcement officer;  Once appointed: Submit to a criminal background check  Be enrolled in the Wichita Police Department's Citizens' Police Academy within the third available academy session beginning after his or her appointment;  Complete racial profiling training presented by the Kansas Attorney General within six (6) months of appointment;  Participate in KOMA/KORA training provided by the City of Wichita within a reasonable time after appointment.  Sign a confidentiality agreement that information reviewed and discussed regarding the post discipline review of a Professional Standards investigation will be kept confidential and not be disclosed to the public. (Ord. No. 50-603, § 6, 10-17-17; Ord. No. 50-912, § 2, 1-8-19) Primary function:  The Wichita Citizen's Review Board assists the Wichita Police Department with community outreach and advises the Police Department about community concerns;  The Board also will conduct reviews of post discipline findings of the Professional Standards Bureau in alleged officer misconduct matters upon the request of the Chief of Police. Capacity:  The Board may review, at the request of the Chief of Police or the Board, cases of misconduct of Wichita Police Department personnel investigated by Professional Standards Bureau;  Only cases which are post discipline may be reviewed. Review shall not be heard until all pending case(s) and any applicable appeals, grievances or other review of the incident have been concluded. A request by the Board to review post discipline findings must be made no later than one year from the date the discipline was imposed or completion of the investigation by Professional Standards;  Review of post discipline or administrative matters heard by the Board shall be considered to be the review of personnel matters. Disciplinary action is a confidential personnel matter and will not be revealed to the public. Pursuant to K.S.A 75-4319(b)(1), the review of these matters will not be open to the public;  The Board shall establish all necessary procedures to implement the review of post discipline matters brought before them. Including within these procedures will be notification to applicable police personnel involved in the review in accordance with the Police Department Procedure Manual;  All police reports, videos, interviews or other investigative files submitted to the Board for review shall have the personal identifiers of all involved citizens, witnesses and officers redacted;  The Board's review will be for the purpose of reviewing any applicable administrative regulations and advising the Chief of Police on practices and training relevant to issues or concerns uncovered as part of the investigation;  All deliberations and recommendations of the Board will be confidential;  The Chief of Police, Professional Standards Bureau, City Manager and any involved personnel will be notified in writing of the Board's decision;  Members of the Board shall serve a term of four years. In order to establish staggered terms, appointments shall begin January 1, 2018 and will include five members for a four- year term, four members for a three-year term, and four members for a two-year term. Thereafter, all members shall be appointed for a four-year term. No member shall serve more than two consecutive terms. Purpose:  The Board serves to aid in policy development, education and communications related to racial and other biased-based policing. Resource Wichita, Kansas Citizen's Review Board Ordinance Media Questions and controversy Wichita police will soon have citizen review E. Additional Examples Hybrid City Models 1. National City, CA The National City Community and Police Relations Commission Population: 61,638 Composition:  The Commission shall be comprised of eight individuals appointed by the Mayor with the approval of the City Council.  Of the eight members, seven shall be voting members, and one shall be non-voting members. Of the seven voting members, five shall be residents of the City of National City.  The non-voting members shall be a member of the National City Police Officers’ Association.  The terms of the members shall be for three years.  The community and police relations commission shall annually elect its chair from among the appointed members and, subject to the provisions of law, may create and fill such other offices as it deems necessary.  The city council shall provide such staff assistance to the commission as the council deems appropriate. Primary function:  The commission will provide a forum for citizens to voice their concerns about police conduct, practices, and policies;  Examine police practices and policies as they pertain to conduct issues; and   Identify opportunities to ameliorate adversity between the National City Police Department and citizen complainants. Capacity:  The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services;  Determine the order of business for the conduct of its meetings, and hold regular meetings once every three months, and such special meetings as are necessary on call of the chair or a majority of the members of the commission after at least twenty-four hours' notice in writing has been served upon the members;  Receive and monitor or investigate citizen complaints regarding police conduct, but without interfering with the administration of the police department;  Request and receive supplemental information from the police department regarding citizen complaints and such other matters as the commission may request.  Allow parties the opportunity to mediate their disputes;  Make recommendations to the city council regarding additional duties that the commission may perform;  Make an annual report of its activities, findings and recommendations to the city council.  Advise on police department operations, and make recommendations on police policy issues;  Conduct investigations and hold public hearings. The commission has the power to examine witnesses under oath and compel their attendance or production of evidence by subpoena issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served, and refusal of a person to attend or testify in answer to such a subpoena shall subject the person to prosecution in the same manner as set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the commission shall have the power to administer oaths to witnesses;  Keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. Purpose:  The National City Community and Police Relations Commission serves as an independent, unbiased and impartial Commission that is readily available to the public. It is a Commission for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns and comments about police conduct, practices and policies and improves communication between residents and the National City Police Department;  It is the intent of the mayor and city council that because of the commission's actions, the relations between the citizens of this city and the police department will improve, and positive communications and cooperation between the police department and the community will be facilitated. Resource: National City Ordinance National City Bylaws Media: Man dies after police use taser 2. Portland, Oregon: Portland Police Bureau Equity and Inclusion Office Population: 645,291 Composition:  The members of advisory bodies are public officials. They must become familiar with rules and responsibilities described at the “Oregon Government Ethics Law- A Guide for Public Officials” (Oregon Government Ethics Commission);  The Board will comprise 11 seats; six seats for one year; and five seats for two years;  Members must be skilled at communicating effectively in the moment and knowledgeable when it comes to the communities most identified with i.e. connected to community wants, needs and able to give voice to community desires;  Members may serve any number of terms not to exceed eight years of total consecutive service. Completion of an unexpired term does not apply toward the eight-year cumulative;  At the completion of each term, regardless of term length, incumbents are required to complete notice of intent to continue to serve and discuss mutual benefits of continuing on the Body with the designated bureau staff liaison. Primary function  The body exists to provide community input on both the special projects worked on by the Equity and Inclusion Office (EIO) as well as advising on EIO’s progress on the Racial Equity Plan more generally;  Its members are expected to give advice around how EIO can best advocate for vulnerable communities including but not limited to communities of color, people with disabilities, the LGBTQ+ community and individuals experiencing homelessness.  The committee initiates and champions courageous conversations that increase employee awareness and sensitivity to issues of race, privilege and inequity;  The committee will create transparency, the committee will periodically share its efforts externally to promote equity and inclusion among the community and officials;  The Body shall meet at least five times each year and as otherwise necessary to conduct is business. Meetings shall be conducted in accordance with the operating procedures specified herein. Capacity  It will not receive or review complaints initiated against personnel of the Portland Police Department, nor play any role in civil or criminal litigation. Purpose:  To carry out its purpose, this committee is charged with holding PPB accountable for achieving the objectives of our REP. To achieve this purpose, members are requested to assist with the following tasks and other things that organically develop from these tasks:  Provide EIO level feedback on the REP implementation and rollout to include but not limited to the willingness and ability to: connect EIO with stakeholders in the community, hold EIO accountable for plan benchmarks serve as a thinking partner for EIO  Media: Portland committee recommends new department to promote racial equity 3. San Francisco, California: Police Commission Population: 882,519 Composition:  The Chief’s Community Advisory Board (CAB) is established under the direction of the Chief of Police.  The Board will comprise seven members; four of the commissioners are the Mayor’s choice and the remaining three are the Board of Supervisor’s choice.  Commissioners have a term of four years with the vote taking place in April.  Commission members receive a $100 per month stipend. Primary function  The mission of the Police Commission is to set policy for the Police Department and to conduct disciplinary hearings on charges of police misconduct filed by the Chief of Police or Director of the Office of Citizen Complaints, impose discipline in such cases as warranted, and hear police officers’ appeals from discipline imposed by the Chief of Police.  The Police Commission regular meeting shall be held at 5:30p.m. every Wednesday of the month in Room 400 at the San Francisco City Hall. Capacity  The Commission appoints and regulates Patrol Special Officers and may suspend or dismiss Patrol Special Officers after a hearing on charges filed.  The Commission’s powers are limited to just policy and cannot interfere with day to day operations. Purpose:  The mission of the Police Commission is to set policy for the Police Department and to conduct disciplinary hearings on charges of police misconduct gilded by the Chief of Police or Director of the Office of Citizen Complaints, impose discipline in such cases as warranted, and hear police officers’ appeals from discipline imposed by Chief of Police. Media: SF Police Commission rejects police budget and layoffs. Will it matter? Damali Taylor the vice President of the San Francisco Police Commission Resigns San Francisco Police Commission votes to put Black Lives Matter signs in every police station Gaps in SFPD discipline ‘alarming’ to Police Commission City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-578 Agenda Date:9/15/2021 Version:1 Item #:3. Report regarding a Study Session on assessing a new Business License Tax fee structure.(Heather Enders, Management Analyst II) RECOMMENDATION Staff recommends that City Council receive a Study Session on assessing a new Business License Tax and provide feedback on implementing proposed changes. BACKGROUND/DISCUSSION All businesses conducting business within the city limits of South San Francisco are required to obtain a business license.Annual business license fees are collected by the City’s Finance Department and are due by January 31st of the calendar year.The purpose of business license taxes is to raise revenue for general municipal purposes.Since 1976,the City of South San Francisco has required that all persons operating or doing business within the city limits of South San Francisco obtain a business license and pay the applicable tax per the Municipal Code,including businesses that operate from home.Chapter Six (6)of the Municipal Code outlines business license tax,which is charged by the type of business conducted.Chapter Six (6)of the Municipal Code was last updated in 2008 and has not been modified since then,other than to increase the tax rates based upon the annual consumer price index factor (CPI-W). When the current form of the City’s business license model was approved,it did not anticipate the changing business landscape of South San Francisco,nor the rise of the “gig”economy,making the current per-employee based assessment of business license tax outdated and less relevant.City staff is unable to audit businesses and relies on a business’self-reporting to validate the number of employees.With the shift in South San Francisco’s economy,there have been considerable changes to the business community with the rise of biotech companies and the vast number of construction companies operating within City limits since the business license tax was first enacted.In 2008,the City placed a maximum “cap”on the business license tax,which has increased only based upon the annual consumer price index factor (CPI-W).The business license tax cap for 2021 is $132,883.25. DISCUSSION Given the outdated business license model,staff issued a request for proposal on December 1,2020,for a business license consultant to help the City modernize its approach to business license taxes.City Council authorized the City Manager to engage Matrix Consulting Group (“Matrix”)in January of 2021 for the business license tax study. Over the past several months,Matrix met with City staff to evaluate the business license tax data and to understand existing methodologies used in calculating the business license tax.Matrix conducted a comparative survey comparing the City’s current approach with other local jurisdictions. City of South San Francisco Printed on 9/10/2021Page 1 of 8 powered by Legistar™ File #:21-578 Agenda Date:9/15/2021 Version:1 Item #:3. In 2020,the City collected $1.7 million in business taxes from 2,993 registered businesses.Matrix found that about one-third of licensed businesses were located outside of the City. Almost 65% of businesses in the City have two or fewer employees. Size Category Number of Business es 0 15 1 1,617 2 305 3 – 5 351 6 – 10 260 11 – 25 240 26 – 50 102 51 – 100 44 101 – 250 23 251 – 999 7 1000+ 1 Unspecified 28 Total 2,993 The majority of the City’s business license tax revenue comes from six categories of businesses.Professional services produced the greatest overall revenue,while cannabis delivery businesses produced the most on a per- business basis. Business Type Count Tot al Revenue PROFESSIONAL OR SEMI PROF SERVICES 379 $611,243 MANUFACTURING INDUSTRIES 69 $189,443 BUSINESS SERVICES 450 $139,757 CANNABIS DELIVERY 2 $129,077 SUB CONTRACTOR CLASS C 573 $116,367 WHOLESALE SALES AND DISTRIBUTOR 226 $101,922 GENERAL CONTRACTOR CLASS A OR B 357 $88,899 PERSONAL SERVICES 308 $69,109 RETAIL EATING OR DRINKING PLACE 144 $58,743 RETAIL GENERAL MERCHANDISE 149 $49,943 ALL OTHERS 336 $172,497 TOTAL 2,993 $1,727,000 City of South San Francisco Printed on 9/10/2021Page 2 of 8 powered by Legistar™ File #:21-578 Agenda Date:9/15/2021 Version:1 Item #:3. Business Type Count Tot al Revenue PROFESSIONAL OR SEMI PROF SERVICES 379 $611,243 MANUFACTURING INDUSTRIES 69 $189,443 BUSINESS SERVICES 450 $139,757 CANNABIS DELIVERY 2 $129,077 SUB CONTRACTOR CLASS C 573 $116,367 WHOLESALE SALES AND DISTRIBUTOR 226 $101,922 GENERAL CONTRACTOR CLASS A OR B 357 $88,899 PERSONAL SERVICES 308 $69,109 RETAIL EATING OR DRINKING PLACE 144 $58,743 RETAIL GENERAL MERCHANDISE 149 $49,943 ALL OTHERS 336 $172,497 TOTAL 2,993 $1,727,000 Another important consideration revolves around the way that the City handles contractors and subcontractors. Contractors and subcontractors accounted for 930 businesses in total,equivalent to about 31%of all registered businesses.The following table shows the count of general contractor and subcontractor licensed businesses by business license fee amount (2018-2020): BLT Fee 2018 2019 2020 % of Total $0 - $99 22 30 12 1.29% $100 - $199 327 311 385 41.40% $200 - $299 94 187 395 42.47% $300 - $499 130 116 135 14.52% $500 - $999 0 7 3 0.32% $1000 - $2499 1 0 0 0.00% Total 574 651 930 100% Approximately 84%of general contractors and subcontractors paid a rate between $100 and $300.This is representative of the base rate that is charged to the subcontractors.In 2021 the base rate for a general contractor is $199.25 and subcontractor is $165.75.When assessing a minimum rate for all businesses,the City should also consider reviewing the minimum tax rate for contractors and subcontractors.In consideration for potential future business license tax structures,different base rates have been used to illustrate the impacts this might have.The City’s current methodology is consistent with San Bruno,San Mateo,and Redwood City.San Mateo currently charges $100 for general contractors and $40 for subcontractors,Redwood City charges $70 for both,and San Bruno charges $75 for both.The City’s current fees are higher than the surrounding jurisdictions. The City received approximately $205,000 in revenue from contractors and subcontractors.Since the City recorded about $909 million in work value for permitted projects over the last fiscal year,with about $42 million in permitting fees assessed, this $205,000 equates to 0.02% of work value and 0.49% of permit fees. Based upon the comparative survey,the following table shows the estimated business license revenue and the revenue as a percentage of the general fund.The responses have been sorted based upon greatest to least City of South San Francisco Printed on 9/10/2021Page 3 of 8 powered by Legistar™ File #:21-578 Agenda Date:9/15/2021 Version:1 Item #:3. revenue as a percentage of the general fund.The responses have been sorted based upon greatest to least revenue. City FY 2020 Business license Revenue Estimate FY 2020 Revenue as % of General Fund FY 2020 Revenue per Business Berkeley $19,584,000 9.9% $1,503 San Leandro $6,500,000 5.6% $594 San Mateo $5,939,518 4.5% $814 Daly City $5,798,000 6.6% $757 Redwood City $3,061,509 1.9% $356 San Bruno $1,908,000 4.0% $667 Menlo Park $1,778,000 2.5% $324 Sunnyvale $1,749,343 1.0% $233 South San Francisco $1,727,000 1.5% $577 Santa Clara $959,500 0.4% $75 Burlingame $865,000 1.3% $111 Millbrae $350,000 1.1% $106 Vacaville $295,668 0.3% $58 Average (Excl. SSF) $4,065,712 3.3% $467 Based upon the jurisdictions surveyed,excluding large metropolitan cities such as Oakland,San Francisco,and San Jose,the highest proportion of general fund for business license tax revenue is Berkeley (9.9%),and the lowest proportion at 0.3%is Vacaville.The City’s current revenue of $1.7 million is approximately $2.3 million below the regional average of $4.1 million and its 1.5%of the general fund is also below the regional average of 3.3%. In evaluating the 2020 revenue estimated per business,the City of Berkeley also has the largest revenue per business at approximately $1,503 per business.The City’s current average revenue per business of $577 is in line with San Leandro’s $594 per business and slightly above the average of the $467 included in the region. Matrix collected and analyzed the State Economic Development Department (EDD)data on businesses within the City of South San Francisco.This data has many uses,one of which is comparing it to the City’s own licensed business inventory for 2020 to determine the degree to which the City is capturing the businesses operating within its jurisdiction,and how much business license tax revenue might be realized from licensing currently unlicensed businesses. Matrix determined that there are nearly 400 businesses in the EDD database which are not licensed in the City’s records.The City is likely to recover close to $450,000 in business license tax revenue by locating and licensing the missing businesses shown in the EDD data set.The classifications used by the EDD follow the North American Industry Classification System (NAICS)codes,while the City’s data is classified by business license subtype.Matrix recommends the City streamline its ordinance to eliminate references to outdated City of South San Francisco Printed on 9/10/2021Page 4 of 8 powered by Legistar™ File #:21-578 Agenda Date:9/15/2021 Version:1 Item #:3. license subtype.Matrix recommends the City streamline its ordinance to eliminate references to outdated business types and group them together into a larger business license category.The City should also strive to make its business license categories match the NAICS codes, for ease of tracking and auditing. Business Category # of EDD Firms # of SSF Firms Difference Business Services 162 381 -219 Construction/Contractors 204 122 82 Manufacturing 115 68 47 Warehousing and Transportation/Freight 189 145 44 Arts, Entertainment, and Recreation 17 13 4 Hotels and Accommodations 30 35 -5 Food Services and Drinking Places 166 148 18 Repair and Maintenance 70 77 -7 Professional, Scientific, and Technical Services 259 337 -78 Retail and Trade 174 176 -2 Personal and Social Assistance 737 281 456 Wholesale Sales and Distribution 0 212 -212 Administrative and Support and Waste Management and Remediation 119 0 119 Ambulance and Nursing Care 135 0 135 Educational Services 19 0 19 Agriculture, Forestry, Fishing and Hunting 3 0 3 Charter Busses, Taxis, Limousine 0 4 -4 Misc. Other (Fortune Tellers, Massage, Security Guards, Trailer Parks) 0 4 -4 Total 2399 2003 396 The following points address key considerations related to recommendations made by Matrix,specific to the City of South San Francisco. Recommendations: 1.The City should use a per-employee basis to assess most business license taxes. 2.The City should consider a different business license tax assessment structure for contractors and subcontractors. 3.The City should consider a different business license tax assessment structure for businesses outside the City limits. 4.The City should streamline its ordinance to eliminate references to outdated business types and group them together into a larger business license category. 5.The City should strive to make its business license categories match the NAICS codes. ANALYSIS There are several possible business tax rate methodologies to consider.Flat rate-based fees are assessed based on the business type regardless of its size /revenue.Per-employee based fees are assessed based on the business’number of employees.Millbrae,Oakland,Redwood City,San Bruno,San Jose,San Leandro,San Mateo,Santa Clara,and Sunnyvale are all examples of cities which base their business license rates on a per- City of South San Francisco Printed on 9/10/2021Page 5 of 8 powered by Legistar™ File #:21-578 Agenda Date:9/15/2021 Version:1 Item #:3. Mateo,Santa Clara,and Sunnyvale are all examples of cities which base their business license rates on a per- employee basis.Gross receipts-based fees are based on a percentage amount of the business’gross receipts for the year is assessed.Daly City,Millbrae,Oakland,Redwood City,San Bruno,San Francisco,San Leandro,San Mateo are examples of cities which base their business license rates on a gross-receipts basis.Per-unit based fees are assessed based on the number of units or vehicles owned by a business,or their square footage or total rooms.Business costs base fees are based on a percentage of payroll or the cost of operations.Attachment 1 describes the various fee types in greater detail. A number of scenarios for a revised business license tax assessment methodology were identified by Matrix for City Council consideration.Each of the options suggested eliminates the maximum fee,or the cap,implements a per employee base fee and adopts business license categories that matches the NAICS codes used by the EDD.The least progressive option (#1)offers no change to the base rate and maintains the $20 per-employee rate.The most progressive option (#5)offers a base rate of $150 and a per-employee rate of $30.The per- employee rates are all stacked,so the first four staff are $20 per-employee and increase successively to $100 per employee for any staff beyond the 1,000th employee.Staff would like to direct the Council’s attention to comparing the baseline fees to options #1 and #4 in more detail, below. Option Category Total Projected Revenue Projected Revenue Increase Average Tax Per Firm Baseline * $1,649,720 $0 $551.19 Option #1 - No Change, Missing Businesses + No Max Fee $2,145,952 $496,232 $633.77 Option #2 - Double current per employee rate + Cont / Subcontract ($500) + No Max Fee $3,056,024 $1,406,303 $902.55 Option #3 - Progressive Tax Rate ($20 - $100 per empl) + Cont / Subcontract ($750) + No Max Fee $3,831,039 $2,181,319 $1,131.44 Option #4 - Progressive Tax Rate ($25 - $100 per empl) + Cont / Subcontract ($750) + No Max Fee $3,974,966 $2,325,246 $1,173.94 Option #5 - Progressive Tax Rate (Base Fee - $150; $30 -$150 per empl) + Cont / Subcontract ($1,000) + No Max Fee $4,870,298 $3,220,578 $1,438.36 *The model’s revenue is calculated based upon the City’s existing fee schedule and employee count and therefore does not match total revenue received because it does not include miscellaneous charges such as delinquencies.The actual revenue received in 2020 was $1,727,000 (or $577 average per business)and the calculated revenue used in the model is $1,649,720 (or $551 average per business). Baseline/Current State In evaluating the 2020 revenue estimated per business in comparable cities,the City of Berkeley has the largest revenue per business at approximately $1,503 per business.The City’s current average revenue per business of City of South San Francisco Printed on 9/10/2021Page 6 of 8 powered by Legistar™ File #:21-578 Agenda Date:9/15/2021 Version:1 Item #:3. $551 is in line with San Leandro’s $594 per business and above the average of the $467 included in the region. Baseline: Current Business License Structure Revenue Current: $1,649,720 # of Firms 2,993 Avg Tax per Business $551 Option #1 Under this option,the City would maintain the existing business license tax rates but eliminate the cap that is in place that limits the amount of a business license tax.The currently unregistered businesses (as identified from the EDD data)have been included into the revenue estimates under the assumption that they become registered and pay the required fee. Option 1: No Change in Fee Structure - Capture Missing Businesses Only & Remove CAP Projected Revenue 2,145,952$ Projected Revenue Increase 418,952$ # of Firms 3,386 Avg Tax per Business 634$ Option #4 The following table shows the base rates and per employee rates of business license tax for businesses of various size categories under a scenario with a minimum tax of $100,a progressive per employee rate ranging from $25 to $100 per employee based on business size,elimination of the maximum business license tax rate, and establishing a contractor and subcontractor rate of $750. Option 4: Progressive Tax Rate (starting $25 per employee) & General / Subcontractor Rate - No Max Revenue Current Businesses 3,259,827$ Revenue Missing Businesses 715,139$ Total Projected Revenue $ 3,974,966 Projected Revenue Increase 2,325,246$ # of Firms 3,386 Avg Tax per Business 1,174 RECOMENDATION Staff is recommending Option #4 because it modernizes the business license tax and positions the City to capitalize on development growth in the future.By implementing a per employee based fee,the City could adopt business license categories that matches the NAICS codes used by the EDD for ease of tracking and auditing.The per employee rate is graduated meaning employers with less employees would pay less.The impact to small businesses is minor increasing by $5 per employee.However,the new business tax structure City of South San Francisco Printed on 9/10/2021Page 7 of 8 powered by Legistar™ File #:21-578 Agenda Date:9/15/2021 Version:1 Item #:3. impact to small businesses is minor increasing by $5 per employee.However,the new business tax structure would primarily impact large employers by charging $25 to $100 per employee based on business size and the elimination of the maximum fee cap.Contractors and subcontractors would be charged $750 to better align the work value of permitted projects within the City. City leadership met with one of the largest employers in the City to receive initial feedback on the proposed changes.Initial feedback was positive on the rate proposed for a large business.Should City Council direct staff to continue working on a possible revision to the business license tax,City Staff will meet with leadership of the Chamber of Commerce,and host additional community outreach meetings with businesses to get their feedback on the proposed business license tax. FISCAL IMPACT Under Option #4 revenue from businesses within the City is projected at $3,974,966,an increase of $2,325,246 from the baseline scenario of $1,649,720.The average tax per business would be approximately $1,174 (currently the average rate is $577).Based upon the jurisdictions surveyed,excluding large metropolitan cities such as Oakland,San Francisco,and San Jose,the highest proportion of general fund for business license tax revenue is Berkeley (9.9%),and the lowest proportion at 0.3%is Vacaville.The City’s baseline revenue of $1.6 million is approximately $2.5 million below the regional average of $4.1 million and its 1.5% of general fund is also below the regional average of 3.3%. RELATIONSHIP TO STRATEGIC PLAN The City’s business license tax program revenue supports Priority Area 3, Financial Stability. CONCLUSION Staff is looking for feedback from City Council on the options presented in the attached report.If Council would like to move forward with an update to the business license tax,it would need to go to voters on the June 2022 ballot. A simple majority of voters would be required to approve the business license tax update. Attachments: 1.Business license Tax Program Initial Assessment - report by Matrix Consulting Group City of South San Francisco Printed on 9/10/2021Page 8 of 8 powered by Legistar™ Business License Tax Program Initial Assessment SOUTH SAN FRANCISCO, CALIFORNIA September 9, 2021 Attachment 1 Table of Contents Section Page 1. Background and Considerations for Business License Tax Assessment 1 2. Comparison With State EDD Data and Potential Unrealized Revenue 11 3. Potential Future BLT Scenarios 16 Appendix A – Current State Description 22 Appendix B – Comparative Survey 36 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 1 1. Background and Considerations for Business License Tax Assessment All businesses conducting business within the city limits of South San Francisco, including businesses that operate from home, are required to obtain a business license. Annual business license fees are collected by the City’s Finance Department and are due by January 31 of the calendar year. A business license must be obtained for every new business that is located within the City or doing business within the city limits, and every active business within the City must renew their business licenses every year. All business licenses are due for renewal on January 1st of each year. The ordinance governing business licenses can be found in Title 6 of the Municipal Code. It outlines the scope and administration of the program, along with the fee schedule for business licenses of various types issued by the City. Most types of businesses have their business license tax assessed on a per-employee basis, with a few categories assessed using other methods; these are discussed later. 1. Summary of 2020 Business License Program The following tables summarize key figures illustrating the scope of the City’s business license tax program in 2020. 1.1 About Two-Thirds of Licensed Businesses Are Located Inside the City. The following table shows the number of licensed businesses in 2020 and whether they are located inside or outside the City. Location Number of Businesses Inside SSF 2,004 Outside SSF 987 Unspecified 2 Total 2,993 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 2 1.2 Almost 65% of Businesses in the City Have 2 or Fewer Employees. The following table shows the number of licensed businesses in 2020 by employee size category. Since employee count is the method used to calculate business license tax for most business types, these figures are highly correlated to BLT revenue. Size Category Number of Businesses 0 15 1 1,617 2 305 3 - 5 351 6 - 10 260 11 - 25 240 26 - 50 102 51 - 100 44 101 - 250 23 251 - 999 7 1000+ 1 Unspecified 28 Total 2,993 1.3 The Majority of the City’s Business License Tax Revenue Comes from 6 Categories of Businesses. The following table shows the ten business categories which produce the most business license tax revenue. Professional services produce the greatest overall revenue, while cannabis delivery businesses produce the most on a per-business basis. Business Type Count Total Revenue PROFESSIONAL OR SEMI PROF SERVICES 379 $611,243 MANUFACTURING INDUSTRIES 69 $189,443 BUSINESS SERVICES 450 $139,757 CANNABIS DELIVERY 2 $129,077 SUB CONTRACTOR CLASS C 573 $116,367 WHOLESALE SALES AND DISTRIBUTOR 226 $101,922 GENERAL CONTRACTOR CLASS A OR B 357 $88,899 PERSONAL SERVICES 308 $69,109 RETAIL EATING OR DRINKING PLACE 144 $58,743 RETAIL GENERAL MERCHANDISE 149 $49,943 ALL OTHERS 336 $172,497 TOTAL 2,993 $1,727,000 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 3 Larger businesses provide the bulk of business license tax revenue; the top category alone (Professional Services) accounts for more than a third of total BLT revenue, while the top six categories together account for 75% of the total business tax revenue. Some of these categories have hundreds of businesses, and others have fewer, showing that per-business revenue varies widely by category. 2. Possible Bases for Business Tax Rates The following table discusses various business license tax methodologies, examples of comparable cities where they are used, the impact on specific types of businesses, and variations which can be considered during program development. Tax Basis Examples Uses Variations Flat Rate A dollar amount is assessed based on the business type regardless of its size / revenue. Burlingame, Redwood City, San Bruno, San Leandro, San Mateo May be used for all business types, but more often for contractors or specific industries like auto lots, pawn shops, card readers, etc. Different rates may be used for different business types. Per Employee A dollar amount is assessed based on the business’ number of employees. Millbrae, Oakland, Redwood City, San Bruno, San Jose, San Leandro, San Mateo, Santa Clara, Sunnyvale Used in some cases for all business types, or for specific categories like retail, professional and administrative services, sales, manufacturing, or transportation. A cap may be used, and a graduated rate may be used to apply a different fee to the first employee than to the 100th one. Different rates may be used for different business types. Gross Receipts A percentage amount of the business’ gross receipts for the year is assessed. Daly City, Millbrae, Oakland, Redwood City, San Bruno, San Francisco, San Leandro, San Mateo Used in many cases for all business types, or as a default for businesses not assessed using another basis. Can also be used for specific types like contractors, tow lots, firearms dealers, etc. A cap may be used, and a progressive rate may be applied to taxing gross receipts. A minimum gross receipts amount may also be used. Different rates may be used for different business types. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 4 Tax Basis Examples Uses Variations Per Unit A dollar amount is assessed based on the number of units or vehicles owned by a business, or their square footage or total rooms. Millbrae, Oakland, Redwood City, San Bruno, San Jose, San Leandro, Santa Clara, Sunnyvale Typically used for rental properties, hotel rooms, and businesses like taxi or limo companies which use a fleet of vehicles. A cap may be used, and a graduated rate may be used to apply a different fee to the first unit than to the 100th one. Business Costs Percentage of payroll or the cost of operations Millbrae Can be used for companies with large financial footprint but comparatively few employees or receipts, such as startups or research and development firms. A cap or a minimum may be applied, and a progressive rate can be used. Different rates may be used for different business types. Per Day Businesses are charged a flat rate for each day they operate. Redwood City, San Leandro Usually used for temporary business ventures like carnivals, pumpkin patches, auctioneers, and outdoor markets. Different rates may be used based on size of space used, or for different business types. Hybrid A business may be assessed based on a weighted average or the “greater of” multiple methodologies. Millbrae, Sunnyvale Can be used to assess business categories which may vary widely in other assessment bases, ensure capture of appropriate tax rate. There are a variety of tax rate bases that can be used, and are used by many of South San Francisco’s peers, to assess business license taxes. Some of the tax rate bases are specific to the types of businesses, such as carnivals being charged per day, or hotels being charged per unit, whereas others are more overarching – flat rate, number of employees, or gross receipts. 2. Advantages and Disadvantages for Different Tax Rate Bases The following table shows by tax basis, the key advantages and disadvantages (from the City’s perspective) for the methodologies outlined in the prior subsection: Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 5 Tax Basis Advantages Disadvantages Flat Rate Easy to administer, requires little to no gathering of data. Inflexible and does not reflect the varying size or scope of businesses. Per Employee Reflects varying business sizes and rates can be capped or molded to specific parameters (i.e., lower rates for smaller businesses (less employees). Requires companies to self-report employee count, which would then require auditing using data from State Employment Development Department (EDD). Does not accurately reflect businesses with comparatively small employee counts or large numbers of contract staff. Gross Receipts Reflects varying business sizes and rates can be capped or molded to specific parameters (i.e., identifying small businesses based upon revenue generated). Requires companies to self-report gross receipts, and submit tax filings, which would then require auditing and verification using the tax filing information. Does not accurately reflect businesses like startups with large footprint but small revenues. Per Unit Reflects a metric which is specific to, and accurately captures the scope of, particular business types. Requires companies to self-report unit counts. Auditing may be difficult as a result Business Costs Accurately captures the scope of certain business types which may not be reflected in their gross receipts or employee counts. Requires self-reporting of business expenses, which would then require auditing and verification using tax filings. Hybrid Ensures a more complete capture of business size and scope for license tax purposes. More complicated to administer, requires collection of multiple data types. All of the different tax rate bases have key advantages and disadvantages. For ease of administration, the flat fee is the simplest, but all other bases would require the City to conduct auditing (in-house or outsourced) to ensure that the tax rate basis is being reported accurately. Additionally, with per employee and gross receipts there can be further nuances regarding if it is referencing only employees located within the city or total employees or similarly gross receipts generated within the city or overall gross receipts. Ultimately, a per-employee business license tax will provide the most utility to the City. It corresponds with the size of businesses and their use of City services, it can be adjusted Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 6 to be more progressive or regressive, or capped or molded to specific parameters, and it can be audited with payroll tax filings or data from the State EDD. For this reason, a per- employee basis for business license tax has been used in future projections later in this report. Recommendation: The City should use a per-employee basis to assess most business license taxes. 3. Other Considerations Based on Current Business Environment The following points address key considerations related to establishing a BLT methodology specific to the City of South San Francisco. 3.1 Minimum Business License Tax One important factor in determining the City’s approach to business license taxes is the establishment of a minimum business tax. Businesses which have few employees, small revenue, or are otherwise considered small by the metrics chosen would still be required to pay a minimum fee. The following table shows the count of licenses businesses by Business License Fee Amount (2018-2020) excluding general contractors and subcontractors 1: BLT Fee 2018 2019 2020 % of Total (2020) $0 - $99 29 27 39 1.89% $100 - $199 534 526 714 34.61% $200 - $299 376 410 628 30.44% $300 - $499 293 326 312 15.12% $500 - $999 152 172 185 8.97% $1000 - $2499 99 112 107 5.19% $2500 - $4999 32 31 44 2.13% $5000 - $9999 15 22 20 0.97% $10000 - $24999 5 12 7 0.34% $25000 - $49999 1 1 4 0.19% $50000 - $99999 1 2 0.10% $100000 - $249999 1 1 1 0.05% Total 1,537 1,641 2,063 100.0% 1 General Contractors and Subcontractors typically play a flat rate and were excluded so as to not skew the results to a lower minimum threshold. This allows the City to better understand the minimum fees paid by non-flat fee businesses. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 7 Approximately two-thirds (67%) of businesses paid less than $299. Of the 39 businesses who paid less than $100, only 7 were charged any amount, with the remaining 32 businesses considered exempt. Based upon the City’s current rate, the minimum fee that any business would typically pay would be $99.75; with the exception of $66.50 for bowling alleys and temporary vendors. Therefore, the City’s current minimum rate is less than $100. Increasing the City’s minimum tax rate would impact approximately 1,870 out of 2,993 (62% of the businesses). • A minimum tax rate of $150 would represent an increase over 2020 rates for just 85 businesses (excluding contractors, subcontractors, and exempt businesses) or just under 3% of all registered businesses. This minimum has been used as the base rate in one option later in this report. • A minimum tax rate of $200 would represent an increase over 2020 rates for 721 businesses (excluding contractors, subcontractors, and exempt businesses) or about 24% of all registered businesses. Establishing a minimum tax rate would enable the City to establish a minimum threshold that it is comfortable charging all businesses including small businesses. Based upon the comparative survey conducted, the minimum threshold in nearby jurisdictions varies from $15 (Santa Clara) to a high of $205 (San Jose). 3.2 Small Businesses Many of the City’s businesses are also have a very small number of employees. The following table shows based upon ranges of employees (excluding general contractors and subcontractors 2), the 2020 businesses licenses, and the associated revenue collected for those businesses. Employees 2020 Count 2020 Revenue 1 816 $201,767 2 285 $107,488 3 - 5 327 $192,048 6 - 10 244 $121,450 11 - 25 221 $200,366 26 - 50 98 $152,208 2 Similar to the business license fee charged, general contractors and subcontractors were excluded from small business calculation as they generally do not have to report their number of employees and the information may not accurately represent the number of employees. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 8 Employees 2020 Count 2020 Revenue 51 - 100 43 $140,689 101 - 250 21 $166,780 251 - 999 7 $104,926 1000+ 1 $132,939 Total 2,063 $1,520,661 The following points highlight key information from this table: • 1,101 (54%) of the City’s registered businesses (excluding general contractors and subcontractors) have just 1 or 2 employees, and these account for 20% of business license tax revenue. • 1,672 (81%) of registered businesses (excluding general contractors and subcontractors) have 10 or fewer employees, and these account for 41% of revenue. These factors should be considered in establishing a new rate structure. The knowledge that most businesses in the City have less than 2 employees can help shape the approach to per-employee taxes or the use of other assessment methodologies. 3.3 Contractors, Subcontractors, and Businesses Outside the City Another important consideration revolves around the way that the City will handle contractors and subcontractors. Contractors and subcontractors accounted for 930 businesses in total, equivalent to about 31% of all registered businesses. The following table shows the count of general contractor and subcontractor licensed businesses by Business License Fee Amount (2018-2020): BLT Fee 2018 2019 2020 % of Total $0 - $99 22 30 12 1.29% $100 - $199 327 311 385 41.40% $200 - $299 94 187 395 42.47% $300 - $499 130 116 135 14.52% $500 - $999 7 3 0.32% $1000 - $2499 1 Total 574 651 930 100% Approximately 84% of general contractors and subcontractors paid a rate between $100 and $300. This is representative of the base rate that is charged to the subcontractors. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 9 In 2021 the base rate for a general contractor is $199.25 and subcontractor is $165.75. When assessing a minimum rate for all businesses, the City should also consider reviewing the minimum tax rate for contractors and subcontractors. In projections for potential future BLT structures later in this document, different base rates have been used to illustrate the impacts this might have. The City’s current methodology is consistent with San Bruno, San Mateo, and Redwood City. San Mateo currently charges $100 for general contractors and $40, Redwood City charges $70 for both, and San Bruno charges $75. The City’s current fees are higher than the surrounding jurisdictions. The City received approximately $205,000 in revenue from contractors and subcontractors. Since the City recorded about $909 million in work value for permitted projects over the last fiscal year, with about $42 million in permitting fees assessed, this $205,000 equates to .02% of work value and .49% of permit fees. Recommendation: The City should consider a different business license tax assessment structure for contractors and subcontractors. 4. Business License Revenue The last major consideration for South San Francisco is overall revenue goal. The following table shows based upon the comparative survey the estimated business license revenue and that revenue as portion of the general fund. City FY 2020 Business License Revenue Estimate FY 2020 Revenue as % of General Fund FY 2020 Revenue per Business Berkeley $19,584,000 9.9% $1,503 San Leandro $6,500,000 5.6% $594 San Mateo $5,939,518 4.5% $814 Daly City $5,798,000 6.6% $757 Redwood City $3,061,509 1.9% $356 San Bruno $1,908,000 4.0% $667 Menlo Park $1,778,000 2.5% $324 Sunnyvale $1,749,343 1.0% $233 South San Francisco $1,727,000 1.5% $577 Santa Clara $959,500 0.4% $75 Burlingame $865,000 1.3% $111 Millbrae $350,000 1.1% $106 Vacaville $295,668 0.3% $58 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 10 City FY 2020 Business License Revenue Estimate FY 2020 Revenue as % of General Fund FY 2020 Revenue per Business Average (Excl. SSF) $4,065,712 3.3% $467 Based upon the jurisdictions surveyed, excluding large metropolitan cities such as Oakland, San Francisco, and San Jose, the highest proportion of general fund for business license tax revenue is Berkeley (9.9%), and the lowest proportion at 0.3% is Vacaville. The City’s current revenue of $1.7 million is approximately $2.3 million below the regional average of $4.1 million and its 1.5% is also below the regional average of 3.3%. In evaluating the FY2020 Revenue estimated per business, the City of Berkeley also has the largest revenue per business at approximately $1,503 per business. The City’s current average revenue per business of $577 is in line with San Leandro’s $594 per business and above the average of the $467 included in the region. The potential future business license tax assessment structures outlined later in this document are analyzed for their total impact on revenue, and the model developed by the project team is designed to project the impact of various per-employee BLT methodologies on revenue. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 11 2. Comparison With State EDD Data and Potential Unrealized Revenue As part of the project team’s analysis, the project team collected State Economic Development Department (EDD) data on businesses within the City of South San Francisco. This data has many uses, one of which is comparing it to the City’s own licensed business inventory for 2020 to determine the degree to which the City is capturing the businesses operating within its jurisdiction, and how much BLT revenue might be realized from licensing currently unlicensed businesses. 1. Findings of Comparison with EDD Data The City’s data for businesses located within the City in 2020 was compared to those from the State EDD. The classifications used by the EDD follow the North American Industry Classification System (NAICS) codes, while the City’s data is classified by business license subtype. The number of firms within each classification were reconciled to the degree possible in order to determine, within each type of business, how many firms were in each data set. The following table summarizes these results. Business Category # of EDD Firms # of SSF Firms Difference Business Services 162 381 -219 Construction/Contractors 204 122 82 Manufacturing 115 68 47 Warehousing and Transportation/Freight 189 145 44 Arts, Entertainment, and Recreation 17 13 4 Hotels and Accommodations 30 35 -5 Food Services and Drinking Places 166 148 18 Repair and Maintenance 70 77 -7 Professional, Scientific, and Technical Services 259 337 -78 Retail and Trade 174 176 -2 Personal and Social Assistance 737 281 456 Wholesale Sales and Distribution 0 212 -212 Administrative and Support and Waste Management and Remediation 119 0 119 Ambulance and Nursing Care 135 0 135 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 12 Business Category # of EDD Firms # of SSF Firms Difference Educational Services 19 0 19 Agriculture, Forestry, Fishing and Hunting 3 0 3 Charter Busses, Taxis, Limousine 0 4 -4 Misc. Other (Fortune Tellers, Massage, Security Guards, Trailer Parks) 0 4 -4 Total 2399 2003 396 In total, there are nearly 400 businesses in the EDD database which are not licensed in the City’s records, suggesting that the City may be able to recover BLT revenue by licensing and taxing those businesses. The following chart illustrates: Comparison of State EDD and City of SSF Licensed Business Inventory (2020) 0 100 200 300 400 500 600 700 800 Business Services Construction/Contractors Manufacturing Warehousing and Transportation/Freight Arts, Entertainment, and Recreation Hotels and Accommodations Food Services and Drinking Places Repair and Maintenance Professional, Scientific, and Technical… Retail and Trade Personal and Social Assistance Wholesale Sales and Distribution Administrative and Support and Waste… Ambulance and Nursing Care Educational Services Agriculture, Forestry, Fishing and Hunting Charter Busses, Taxis, Limousine Misc. Other (Fortune Tellers, Massage,… State EDD City of SSF Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 13 It is important to note that the City classifies businesses very differently from the EDD’s NAICS codes, and there were several City classifications with no NAICS equivalent, and vice versa. For example, there is no NAICS “wholesale” classification to match with the City’s wholesale classification. This means that in many cases, the number of firms recorded for one database or the other is zero, when in reality they may simply be categorized in another classification. Finding: There are nearly 400 businesses in the EDD database which are not licensed in the City’s records. 2. Potential for Recovery of Unrealized Revenue Both the City’s data and the State EDD data show the number of businesses within each classification, by size category. This, along with knowing the average BLT revenue that the City received from businesses in each size category, allows a rough calculation of the missing revenue which could be realized by licensing and taxing those businesses. The following table shows this: Size Category Approx. Revenue Loss 0-4 -$72,858 5-9 -$27,423 10-19 $7,472 20-49 -$28,418 50-99 -$37,622 100-249 -$276,992 250-499 $8,395 500-999 -$25,192 Total -$452,637 The City is likely to recover close to $450,000 in business license tax revenue by locating and licensing the missing businesses shown in the EDD data set. Finding: The City is likely to recover close to $450,000 in business license tax revenue by locating and licensing the missing businesses shown in the EDD data set. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 14 3. Ordinance and Business Category Streamlining An evaluation of the business license tax ordinance and the data maintained by the City reveals some opportunities for alignment. The classifications of business licenses do not all match the various classifications of businesses in the ordinance. For example: • The ordinance describes coin-operated machines, but the closest license category is “Miscellaneous Vending Machines”. • The ordinance describes junk collectors and recyclers, but the closest license category is “Scrap and Waste Materials”. • The ordinance describes mediums, but the closest license category is “Fortune Teller”. Additionally, many categories described in the ordinance have only a handful of licensed businesses. The following table shows categories from the ordinance which appear to have 5 or fewer licensed businesses in the category as of 2020. Business Classification Number Auctioneer 0 Cannabis Businesses 2 Coin Operated Machines 5 Commercial Parking Facility 1 Junk Collector or Recycler 2 Medium 1 Pawnbroker 1 Peddler or Solicitor 0 Peddler – Single Perishable Product 0 Peddler – Catering Truck 0 Peddler – All Others 0 Public Utilities 2 Bowling Alley 1 Circus/Carnival/Exhibition 0 Temporary Vendors 0 Transportation of Persons 4 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 15 Additionally, a review of the comparison with the NAICS codes used by the EDD shows that the classifications used in the City are very different. This makes it difficult to audit the City’s business license inventory against the State’s data, which is important for determining the degree to which BLT revenue is being captured, as well as for potentially auditing individual businesses. Many jurisdictions who have not updated their business license tax ordinances and rates recently have similar types of business categories in their ordinances. For example, the City of Mountain View, which updated their tax ordinance in 2019, does not reference any specific types of businesses in their ordinance. Rather the ordinance focuses on key provisions such as the collection of taxes, enforcement, tax rate, increases, etc. The City should streamline its ordinance to eliminate references to outdated business types and group them together into a larger business license category. The City should also strive to make its business license categories match the NAICS codes, for ease of tracking and auditing. Recommendation: The City should streamline its ordinance to eliminate references to outdated business types and group them together into a larger business license category. Recommendation: The City should strive to make its business license categories match the NAICS codes. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 16 3. Potential Future BLT Scenarios The following section outlines a number of scenarios for a revised business license tax assessment methodology, the reasoning behind each, and their likely impacts. The project team has developed a model which can show the impacts on revenue for various business types and sizes based on the assessment criteria selected. This model uses the City’s business license data 3 (which has actual employee counts) to make projections with supplemental revenue included that represents the missing businesses identified from the EDD data to accurately reflect the total revenue the City should be receiving by licensing all businesses within the City, exclusive of additional revenue from businesses outside the City. The following table summarizes the criteria of each scenario and provides an explanation for the illustrative value of each. Base Per Employee Fee Maximum Fee? Notes 1 $99.75 No change in base rate from present rates. Maintains $20/per employee. Eliminates the maximum fee for a business license. Revenue estimate of unregistered businesses included in projections. 2 $100 Per employee rate increased from $20 to $40 per employee, $500 registration fee for contractors / subcontractors, No maximum Fee Revenue estimate of unregistered businesses included in projections. 3 $100 Progressive per employee rate ranges from $20 to $100. Contractor / subcontractor fee at $750 No maximum fee Revenue estimate of unregistered businesses included in projections. 4 $100 Progressive per employee rate ranges from $25 to $100. Contractor / subcontractor fee at $750 No maximum fee Revenue estimate of unregistered businesses included in projections. 5 $150 Progressive per employee rate ranges from $30 to $150. Contractor / subcontractor fee at $1,000 No maximum fee Revenue estimate of unregistered businesses included in projections. 3 The model’s revenue is calculated based upon the City’s existing fee schedule and employee count and therefore does not match total revenue received because it does not include miscellaneous charges such as delinquencies. The actual revenue received in 2020 was $1,727,000 (or $577 average per business) and the calculated revenue used in the model is $1,649,720 (or $551 average per business). Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 17 The subsections below show a more detailed explanation of criteria for each scenario, the likely overall impact on revenue for businesses within the City, and the impact for particular types of businesses compared to peer cities. 1. Option 1 – Eliminate Maximum Business License Tax. Under this option, the City would maintain the existing business license tax rates but eliminate the cap that is in place that limits the amount of a business license tax. The currently unregistered businesses (as identified from the EDD data) have been included into the revenue estimates under the assumption that they become registered and pay the required fee. BLT Revenue Impact: Under this scenario, BLT revenue from businesses within the City is projected at $2,145,952, an increase of $496,232 or 30% from the current level of $1,649,720. The average tax per business would be approximately $634 (currently the average rate is $551). 2. Option 2 – Eliminate Maximum Business License Tax and increase per employee rate from $20 per employee to $40 per employee and implement a $500 per contractor fee. Under this option, the City would increase the per employee tax rate from $20 to $40 and eliminate the cap that is in place that limits the amount of a business license tax. The currently unregistered businesses (as identified from the EDD data) have been included into the revenue estimates under the assumption that they become registered and pay the required fee. BLT Revenue Impact: Under this scenario, BLT revenue from businesses within the City is projected at $3,056,024, an increase of $1,406,303 from the current level of $1,649,720 or an 85% increase in revenue. The average tax per business would be approximately $903 (currently the average rate is $551). 3. Option 3 – Eliminate Maximum Business License Tax and implement a progressively increasing per employee rate ($20 – $100) based upon business size and establish contractor fee at $750. The following table shows the base rates and per employee rates of business license tax for businesses of various size categories under a scenario with a minimum tax of $100, a progressive per employee rate ranging from $20 to $100 per employee based on Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 18 business size, elimination of the maximum business license tax rate, and establishing a contractor rate of $750. Range of Employees Base Rate Per Employee Rate 0-4 $100 $20 5-9 $180 $25 10-19 $305 $35 20-49 $655 $45 50-99 $2,005 $55 100-249 $4,755 $65 250-499 $14,505 $75 500-999 $33,255 $90 1000+ $78,255 $100 BLT Revenue Impact: Under this scenario, BLT revenue from businesses within the City is projected at $3,831,039, an increase of $2,181,319 or 132% from the current level of $1,649,720. The average tax per business would be approximately $1,131 (currently the average rate is $551). 4. Option 4 – Eliminate Maximum Business License Tax and implement a progressively increasing per employee rate ($25 - $100) based upon business size and establish contractor fee at $750. The following table shows the base rates and per employee rates of business license tax for businesses of various size categories under a scenario with a minimum tax of $100, a progressive per employee rate ranging from $25 to $100 per employee based on business size, elimination of the maximum business license tax rate, and establishing a contractor rate of $750. Range of Employees Base Rate Per Employee Rate 0-4 $100 $25 5-9 $200 $30 10-19 $350 $45 20-49 $800 $50 50-99 $2,300 $60 100-249 $5,300 $75 250-499 $16,550 $80 500-999 $36,550 $90 1000+ $81,550 $100 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 19 BLT Revenue Impact: Under this scenario, BLT revenue from businesses within the City is projected at $3,974,966, an increase of $2,325,246 or 141% from the current level of $1,649,720. The average tax per business would be approximately $1,174 (currently the average rate is $551). 5. Option 5 – Eliminate Maximum Business License Tax and implement a progressively increasing per employee rate ($30 - $150) based upon business size and establish contractor fee at $1,000 The following table shows the base rates and per employee rates of business license tax for businesses of various size categories under a scenario with a minimum tax of $150, a progressive per employee rate ranging from $30 to $150 per employee based on business size, elimination of the maximum business license tax rate, and establishing a contractor rate of $1,000. Range of Employees Base Rate Per Employee Rate 0-4 $150 $30 5-9 $270 $35 10-19 $445 $50 20-49 $945 $60 50-99 $2,745 $75 100-249 $6,495 $80 250-499 $18,495 $90 500-999 $40,995 $100 1000+ $90,995 $150 BLT Revenue Impact: Under this scenario, BLT revenue from businesses within the City is projected at $4,870,298, an increase of $3,220,578 or 195% from the current level of $1,649,720. The average tax per business would be approximately $1,438 (currently the average rate is $551). 6. Summary of Revenue Generation Under Various Options. The following table summarizes the revenue generation potential under the options just discussed: Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 20 Option Category Total Projected Revenue Projected Revenue Increase Average Tax Per Firm Baseline $1,649,720 $0 $551.19 Option #1 - No Change, Missing Businesses + No Max Fee $2,145,952 $496,232 $633.77 Option #2 - Double current per employee rate + Cont / Subcontract ($500) + No Max Fee $3,056,024 $1,406,303 $902.55 Option #3 - Progressive Tax Rate ($20- $100 per empl) + Cont / Subcontract ($750) + No Max Fee $3,831,039 $2,181,319 $1,131.44 Option #4 - Progressive Tax Rate ($25- $100 per empl) + Cont / Subcontract ($750) + No Max Fee $3,974,966 $2,325,246 $1,173.94 Option #5 - Progressive Tax Rate (Base Fee - $150; $30-$150 per empl) + Cont / Subcontract ($1,000) + No Max Fee $4,870,298 $3,220,578 $1,438.36 7. Potential Impacts on Top 20 Business License Holders. The following table summarizes the impact on the twenty businesses that pay the most in business license taxes under the scenarios modeled. Company Number of Employees Current Tax Revenue Option 1 Option 2 Option 3 Option 4 Option 5 GENENTECH, INC 8632 $132,883 $172,744 $345,384 $841,459 $844,754 $1,235,799 LIFE TECHNOLOGIES CORPORATION 622 $12,544 $12,544 $24,984 $44,239 $47,534 $53,199 AMAZON.COM SERVICES, LLC 392 $7,944 $7,944 $15,784 $25,159 $27,914 $31,279 COSTCO WHOLESALE #475 322 $6,544 $6,544 $12,984 $19,909 $22,314 $24,979 AMAZON.COM SERVICES LLC 314 $6,384 $6,384 $12,664 $19,309 $21,674 $24,259 COSTCO WHOLESALE #422 290 $5,904 $5,904 $11,704 $17,509 $19,754 $22,099 SEE'S CANDIES INC 206 $4,224 $4,224 $8,344 $11,649 $13,254 $14,979 SBM MANAGEMENT SERVICES LP 204 $4,184 $4,184 $8,264 $11,519 $13,104 $14,819 OROWEAT/ENTENMANN'S 186 $3,824 $3,824 $7,544 $10,349 $11,754 $13,379 ACTELION PHARMACEUTICALS US, INC 184 $3,784 $3,784 $7,464 $10,219 $11,604 $13,219 RINAT LABORATORIES 157 $3,244 $3,244 $6,384 $8,464 $9,579 $11,059 ACERTA PHARMA LLC 150 $3,104 $3,104 $6,104 $8,009 $9,054 $10,499 UNIVERSAL PROTECTION SERVICES LP DBA ALL 150 $3,104 $3,104 $6,104 $8,009 $9,054 $10,499 TWO FIFTY 143 $2,964 $2,964 $5,824 $7,554 $8,529 $9,939 SAFEWAY INC #3116 129 $2,684 $2,684 $5,264 $6,644 $7,479 $8,819 MONOGRAM BIOSCIENCES INC. 128 $2,664 $2,664 $5,224 $6,579 $7,404 $8,739 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 21 Company Number of Employees Current Tax Revenue Option 1 Option 2 Option 3 Option 4 Option 5 RIGEL PHARMACEUTICALS, INC. 127 $2,644 $2,644 $5,184 $6,514 $7,329 $8,659 SUCCESSFACTORS, INC. 114 $2,384 $2,384 $4,664 $5,669 $6,354 $7,619 ABBVIE STEMCENTRX LLC 110 $2,304 $2,304 $4,504 $5,409 $6,054 $7,299 COSTCO BUSINESS CENTER #654 99 $2,084 $2,084 $4,064 $4,704 $5,244 $6,424 TOTAL $215,395 $255,255 $508,440 $1,078,875 $1,109,740 $1,537,565 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 22 Appendix A – Current State Description The current state assessment outlines the existing business license tax assessment program in the City of South San Francisco. The information contained in this document has been developed by reviewing and analyzing program data and interviews of City staff involved in the administration of the program. The primary objective of the current state assessment is to document the existing business license program, its statutory basis in the municipal code, the revenue trends over the last three years associated with business license taxes, and an assessment of the number and types of businesses who have acquired business tax licenses over the last three years. This effort enables us to confirm our understanding of these important facts and compare recommendations subsequently developed to the current state to demonstrate the impact of the proposed changes. 1. Business License Tax Overview All businesses operating or doing business within the city limits of South San Francisco, including businesses that operate from home, are required to obtain a business license. Annual business license fees are collected by the City’s Finance Department and are due by January 31 of the calendar year. The City’s current business license program is managed in-house by a single staff position (Accounting Assistant), with support from an external vendor for online business license processing and printing (eTRAKiT). There are two distinct processes that exist for the business license process - new and renewal licenses. The following subsections discuss each of these distinct processes. 1.1 New Businesses For every new business that is located within the City or doing business within the city limits, a business license must be obtained. In order to obtain a business license, the business must submit a completed business license application, proof of business name registration, payment of business license taxes. Additionally, depending upon the type of business, there might be other requirements such as disability access, home occupation permit, proof of state license, and environmental health reports. The most complex component of this process is for the City to calculate the business license taxes associated with the new business. The Accounting Assistant must review Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 23 the initial information submitted regarding the type of business to determine the appropriate business category and calculate the fee. Fees are established for each specific business type category and may be based upon a flat rate, the number of employees, or the business’ gross receipts. The business license application can be submitted via email, mail or in-person. Due to COVID-19 restrictions, currently all new business license applications are only being accepted via email or mail. If a business is located within the City of South San Francisco, it needs to receive site clearance from the Planning Division and the Fire Department (other city divisions / departments may also require review / approval depending on the type of business). Businesses can check the status of their business license application on the City’s eTRAKiT website by logging into the website and seeing their business license application linked or through the “license category” option by searching based upon their business license number. There is currently a 4 - 6 week timeframe established within which the business license must be issued. If a business is not physically located in the City, the Finance department reviews the applicant’s information and ensures all appropriate licensing fees have been paid and then issues the business license. There is no review required from the City’s Planning Division or other City departments and Finance is responsible for the entire process. 1.2 Business License Renewal Every active business within the City must renew their business licenses every year. All business licenses are due for renewal on January 1st of each year. All payments must be made by January 31st. If payments are not paid when due, a 10% penalty is added on the thirtieth day after the due date and an additional 15% penalty is added on the sixtieth day after the due date. All business license renewal notices are mailed out in December and businesses have the ability to renew business licenses in person, online or via mail. Due to COVID-19 restrictions, currently all business license renewals have been extended to March 31st, 2021 and are only able to be conducted online or via mail. If conducting business license renewals online, the business must develop a log-in to the city’s eTRAKiT system and go into licenses, find their license, and make the payment. The renewal notices mailed by the City provide detailed instructions on how to remit the annual license payment online. The notices also provide information indicating that if there are any changes to the business (such as number of employees or professionals, change in gross receipts, or a change in the services being provided), the business should Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 24 contact the City so that the information can be updated to ensure either an accurate business license classification or that the amount calculated is correct. 1.3 Business License Changes Business license changes, such as transfer of ownership or change of address, must be communicated to the City with a new business license application. The City’s municipal code specifies that all business licenses are non-transferable. There is a $10 fee for processing the change of information in the system. However, depending upon the change submitted there may be a need for additional verification. For example, if there is a location / address change, the business may need site clearance at the new address before the business license can be reissued. 2. Business License Tax Ordinance The ordinance governing business licenses can be found in Title 6 of the Municipal Code. Due to the size of the ordinance, a full copy has not been included in this document. In general, the ordinance covers the following: • The scope and purpose of the business licensing program is to raise municipal revenues for the general fund. • There are no specifically identified local exemptions in the code, other than those made on a case-by-case basis for either physical or economic disability and for non-profits recognized by the IRS and the State of California. Additionally, the ordinance specifically exempts individuals or entities conducting business that are exempt due to statutes of the United States or the state of California. • The enforcement and collection of business license taxes are the responsibility of the collector and any designated positions. • The classification of businesses is the responsibility of the collector. The business has the right to appeal not only the classification but any fees calculated associated with that classification to the City Manager. The City Manager is the final authority on the appeal of the business license decision. • There is a general business license rate that is applicable to all businesses not specifically identified in the ordinance, as well as a maximum rate that can be charged to all businesses. The maximum rate is identified in the business license Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 25 rate schedule every year and is only applicable to certain business categories. The maximum rate for 2021 is $132,883.25. • All business licenses are effective January 1st of each calendar year. Businesses that apply for a license during the year have their license prorated quarterly. • All business license rates, including the maximum fee, are increased annually based upon the CPI-W (or relatable cost factor if that is discontinued). The CPI-W is calculated as the difference between June of each year. • Any excess payments are refunded based upon written request to the collector. • Penalties are imposed for late payment of the business license fee. These penalties start at 10% on the 30th day and additional 15% on the 60th day (2 months). The Collector has the authority to waive penalties and extend due dates (30 days at a time). • All new business licenses require specific information to be provided such as scope of the business services provided, business owner information, and site clearance as required by city departments. • Any changes in business activity, number of employees, or other factors should be provided to the city upon renewals. • No business license can be issued if there are delinquent payments on other licenses. • Specific provisions and language regarding the scope of each type of regulated business in the city and the tax rate assigned to that business. As the points indicate, Title 6 of the Municipal Code is fairly comprehensive and includes a significant amount of detail regarding covered businesses, business license procedures, and provisions regarding how the annual licensing fees are calculated and administered. The code was last updated in 2008 and has not been modified since then, other than to increase the tax rates based upon the annual increase factor (CPI-W). Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 26 3. Current Businesses Subject to a Business License Tax and Fee Schedule The following table summarizes the 2021 fee schedule for business licenses of various types issued by the City. Business Classification 2021 Tax Rates/Fees Auctioneer $132.50 per auction day Business and Personal Services Manufacturer Warehousing Wholesale/Retail Sales Distributor and Other Services Repair and Other Services $99.75 per year + $20.00 per employee (including owner), up to $132,883.25 total. Cannabis Businesses 1-5% of gross receipts depending upon type of cannabis business 1-2.5% of gross receipts for testing operations 1-4% of gross receipts for cultivating operations 1-3% of gross receipts for distributing operations 1-5% of gross receipts for manufacturing and delivery operations 1-5% of gross receipts for all other cannabis businesses Coin Operated Machines 1% of gross receipts Commercial Parking Facility 8% of gross receipts Construction Contractor “A” or “B” $199.25 annually Subcontractor or “C” Contractor $165.75 annually Junk Collector or Recycler Higher of $266 or 4% gross receipts, due in quarterly payments Medium $664.75 annually Pawnbroker $266 annually Peddler or Solicitor $99.75 + $20.00 per employee/owner + $332.25 per vehicle used Peddler – Single Perishable Product $186.50 annually Peddler – Catering Truck $372.50 per vehicle annually Peddler – All Others $372.50 annually plus $13.50 per day in excess of 2 persons Professional/Semi-professional $199.25 + $199.25 for each additional associate, partner or member of the professional corporation Public Utilities $6,644.50 annually Bowling Alley $66.50 per alley annually Circus or similar exhibition Carnival or similar event $664.75 for 1st day + $132.50 per additional day Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 27 Business Classification 2021 Tax Rates/Fees Motion Pictures 4 - Other Recreation/Entertainment Businesses $132.50 Hotels, Motels, or Apartment House Trailer and Mobile Home Parks $99.75 + $7.00 per unit/space annually (occupied or vacant) Temporary Vendors $66.50 per day Transportation of Persons $332.25 per vehicle + $20.00 per employee annually Other Fees Changes made to License $10 State Mandated Fee $4 Database Fee $27 Alarm Registration Fee $25 Fees assessed for first time applicants are pro-rated by the quarter of the year. All business licenses are valid for the current calendar year and expire December 31st of each year per the municipal code. 4. Current Business License Holder Demographics The following table shows the count and percentage of licensed businesses inside and outside the City over the last three years. Count and Percentage of Licensed Businesses Inside and Outside the City (2018 – 2020) 2018 2019 2020 Count % Count % Count % Inside SSF 1,498 71.0% 1,604 70.0% 2,004 67.0% Outside SSF 610 28.9% 685 29.9% 987 33.0% Unspecified 1 - 1 - 2 - Total 2,109 2,290 2,993 As this table shows, the number of businesses inside and outside the City have grown dramatically in the last three years. The percentage of businesses outside the City has outpaced those within the City, taking about 4% of the share of total licensed businesses (from 29% to 33%) between 2018 and 2020. 4 The Motion Pictures category used to have a business license fee. With the most recent update, the business license fee has been removed from the code and only filming permits are required. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 28 The following table shows the count and percentage of licensed businesses over the last three years by classification. Count and Percentage of Licensed Businesses by Classification (2018 – 2020) 2018 2019 2020 Count % Count % Count % Cannabis 2 - 2 - 2 - Commercial 1,238 58.7% 1,296 56.6% 1,614 53.9% Home 263 12.5% 312 13.6% 393 13.1% Other 606 28.7% 680 29.7% 984 32.9% Total 2,109 2,290 2,993 The number of commercial businesses has grown more slowly than the other categories, particularly the “Other” category. Home businesses have remained at about 12 - 13% of all licensed businesses. The following table shows the count of licensed businesses over the last three years, by the size of the business license fee. Count of Licensed Businesses by Business License Fee Amount (2018 – 2020) BLT Fee 2018 2019 2020 % of Total (2020) $0 - $99 51 57 51 1.7% $100 - $199 861 837 1099 36.7% $200 - $299 470 597 1023 34.2% $300 - $499 423 442 447 14.9% $500 - $999 152 179 188 6.3% $1000 - $2499 100 112 107 3.6% $2500 - $4999 32 31 44 1.5% $5000 - $9999 15 22 20 0.7% $10000 - $24999 5 12 7 0.2% $25000 - $49999 1 1 4 0.1% $50000 - $99999 1 2 0.1% $100000 - $249999 1 1 1 0.0% Total 2,111 2,292 2,993 100.0% More than 70% of businesses pay between $100 - $299 and another 15% pay between $300 - $499 per year. Overall, 87.5% of businesses last year had a BLT fee less than $500. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 29 The following table shows the count of licensed businesses over the last three years by subtype. Count of Licensed Businesses by Subtype (2018 – 2020) Business Subtype 2018 2019 2020 Total Growth % of Total Growth AMBULANCE SERVICE 1 2 2 1 0.1% BUSINESS SERVICES 325 358 450 125 14.1% CATERING AND LUNCH WAGONS 6 5 6 0 0.0% CHARTER BUS COMPANIES - 1 1 1 0.1% COMMERCIAL PARKING FACILITY 1 1 1 0 0.0% DANCE HALLS AND BALLROOMS 3 2 4 1 0.1% CANNABIS DELIVERY 2 2 2 0 0.0% DIRECT SELLING ORGANIZATION 1 1 1 0 0.0% FORTUNE TELLERS - - 1 1 0.1% FREIGHT FORWARDING SERVICES 37 37 53 16 1.8% GENERAL CONTRACTOR CLASS A OR B 208 235 357 149 16.9% HOTELS 13 13 19 6 0.7% MANUFACTURING INDUSTRIES 58 57 69 11 1.2% MASSAGE PARLORS OR STEAMBATHS - - 1 1 0.1% MISCELLANEOUS VENDING MACHINES 5 5 5 0 0.0% MOTELS AND MOTOR HOTELS 6 10 10 4 0.5% MOVING VAN OR TRUCKS 2 2 2 0 0.0% PAWNBROKER 1 1 1 0 0.0% PERSONAL SERVICES 226 248 308 82 9.3% PROFESSIONAL OR SEMI PROF SERVICES 242 293 379 137 15.5% PUBLIC UTILITY 2 2 2 0 0.0% RECREATION BOWLING ALLEYS - 1 1 1 0.1% RECREATION GYM OR ATHLETIC CLUBS 5 4 8 3 0.3% REPAIR SERVICE 63 68 78 15 1.7% RETAIL AUTO OR MARINE OR AIRCRAFT 22 21 26 4 0.5% RETAIL EATING OR DRINKING PLACE 120 115 144 24 2.7% RETAIL GENERAL MERCHANDISE 122 121 149 27 3.1% ROOMING AND BOARDING HOUSES 3 4 6 3 0.3% SCRAP AND WASTE MATERIALS 1 2 2 1 0.1% SECURITY GUARD SERVICES 6 4 6 0 0.0% SUB CONTRACTOR CLASS C 366 416 573 207 23.4% TAXICAB TRANS. AND LIMO SERVICE 3 4 4 1 0.1% TRAILER CTS AND MOBILE HOME PARK - 1 1 1 0.1% TRUCKING 15 14 19 4 0.5% WAREHOUSING AND STORAGE 55 51 76 21 2.4% WHOLESALE SALES AND DISTRIBUTOR 189 189 226 37 4.2% TOTAL 2,109 2,290 2,993 884 100.0% Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 30 Over the last three years, there has been an increase of 884 new businesses licensed by the City of South San Francisco which is equivalent to a 41.9% increase. The business subtypes accounting for the greatest proportions of growth are: subcontractors (23.4%), general contractors (16.9%), professional services (15.5%), and business services (14.1%). These four categories account for 69.9% (618) of the new businesses licensed over the last three years. The following table shows the number of licensed businesses over the last three years by employee count. Number of Licensed Businesses by Employee Count and Location (2018 – 2020) Employee Count 2018 2019 2020 Change 18 - 20 % Change 18 - 20 % of Total (2020) Inside SSF 0 0 0 1 1 - 0.05% 1 576 638 786 210 36.5% 39.22% 2 202 218 263 61 30.2% 13.12% 3 - 5 240 253 317 77 32.1% 15.82% 6 - 10 183 174 240 57 31.1% 11.98% 11 - 25 173 191 229 56 32.4% 11.43% 26 - 50 65 68 94 29 44.6% 4.69% 51 - 100 38 38 43 5 13.2% 2.15% 101 - 250 16 18 19 3 18.8% 0.95% 251 - 999 3 4 7 4 133.3% 0.35% 1000+ 1 1 1 0 0.0% 0.05% Unspecified 3 3 4 1 33.3% 0.20% Subtotal 1,500 1,606 2,004 504 33.6% 100.00% Outside SSF 0 11 9 14 3 27.3% 1.42% 1 502 568 831 329 65.5% 84.02% 2 32 32 42 10 31.3% 4.25% 3 - 5 25 28 34 9 36.0% 3.44% 6 - 10 15 14 20 5 33.3% 2.02% 11 - 25 9 8 11 2 22.2% 1.11% 26 - 50 7 8 8 1 14.3% 0.81% 51 - 100 1 1 1 0 0.0% 0.10% 101 - 250 2 3 4 2 100.0% 0.40% 251 - 999 0 0 0 0 - 0.00% 1000+ 0 0 0 0 - 0.00% Unspecified 7 15 24 17 242.9% 2.43% Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 31 Employee Count 2018 2019 2020 Change 18 - 20 % Change 18 - 20 % of Total (2020) Subtotal 611 686 989 378 61.9% 100.00% All Businesses 0 11 9 15 4 36.4% 0.50% 1 1,078 1,206 1,617 539 50.0% 54.03% 2 234 250 305 71 30.3% 10.19% 3 - 5 265 281 351 86 32.5% 11.73% 6 - 10 198 188 260 62 31.3% 8.69% 11 - 25 182 199 240 58 31.9% 8.02% 26 - 50 72 76 102 30 41.7% 3.41% 51 - 100 39 39 44 5 12.8% 1.47% 101 - 250 18 21 23 5 27.8% 0.77% 251 - 999 3 4 7 4 133.3% 0.23% 1000+ 1 1 1 0 0.0% 0.03% Unspecified 10 18 28 18 180.0% 0.94% Total 2,111 2,292 2,993 882 41.8% 100.00% Businesses with a single employee account for more than 54% of all licensed businesses and 76.45% of all licensed business have 5 or fewer employees. Businesses with only 1 employee are the largest size category of businesses (39%) within the City and represent 84% of licensed businesses located outside of South San Francisco. Over the last three years, employees with 1 employee represented 539 of the 882 new businesses (61%) licensed by the City. The businesses grouped in the “Unspecified” category do not have a count of employees listed in the data provided by the City. These businesses paid an average of $212.55 in 2020 business license tax and all fall into one of four subtype categories, as shown in the following table: Licensed Businesses with an Unspecified Number of Employees (2020) Subtype Count SUB CONTRACTOR CLASS C 6620 17 GENERAL CONTRACTOR CLASS A OR B 6610 8 PERSONAL SERVICES 6200 2 PROFESSIONAL OR SEMI PROF SERVICES 6500 1 TOTAL 28 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 32 5. Business License Tax Revenues The following table shows the amount and percentage of business license tax revenue from sources inside and outside the City over the last three years. Total and Percentage of Businesses License Tax Fees Inside and Outside the City (2018 – 2020) 2018 2019 2020 Change 18 - 20 Revenue % Revenue % Revenue % Revenue % Change Inside SSF $1,074,681 87.2% $1,207,467 87.6% $1,491,114 86.3% $416,433 39% Outside SSF $157,590 12.8% $170,390 12.4% $235,464 13.6% $77,873 49% Unspecified $194 - $204 - $422 - $228 - Total $1,232,465 100% $1,378,062 100% $1,727,000 100% $494,535 100% Business license tax revenue has increased over the last three years by nearly $500,000. The percentage of revenue derived from businesses inside and outside the City have both grown with businesses outside the City somewhat outpacing those inside the City. Businesses outside the City accounted for 13.6% of revenue in 2020, compared to the 12.8% of revenue accounted for by these businesses in 2018. Businesses inside the City accounted for 86.3% of revenue in 2020, a slight decrease from the 87.2% of revenue they produced for in 2018. The following table shows the amount and percentage of business license tax revenue from different business classifications over the last three years. Total and Percentage of Businesses License Tax Assessed by Classification (2018 – 2020) 2018 2019 2020 Change 18 - 20 Revenue % Revenue % Revenue % Revenue % Change Cannabis $16,440 1.3% $9,726 0.7% $129,077 7.5% $112,637 685% Commercial $1,016,957 82.5% $1,133,311 82.2% $1,299,438 75.2% $282,481 28% Home $46,370 3.8% $61,012 4.4% $70,921 4.1% $24,551 53% Other $152,698 12.4% $174,013 12.6% $227,563 13.2% $74,865 49% Total $1,232,465 100% $1,378,062 100% $1,727,000 100% $494,535 100% Revenue from all classifications increased, but the commercial classification grew more slowly than the other classifications, while the cannabis delivery businesses produced significant growth. Cannabis delivery businesses accounted for 7.5% of revenue in 2020, compared to just 1.3% of revenue accounted for by these businesses in 2018. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 33 Commercial businesses accounted for 75.2% of revenue in 2020, a decrease from the 82.5% of revenue they produced for in 2018. Home-based businesses and those classified as “other” each stayed fairly steady. The following table shows the amount of business license tax revenue from different business subtypes over the last three years. Businesses License Tax Assessed By Subtype (2018 – 2020) Business Type 2018 2019 2020 Total Growth % of Total Growth AMBULANCE SERVICE $651 $1,809 $1,122 $472 0.1% BUSINESS SERVICES $127,032 $142,615 $139,757 $12,725 2.6% CATERING AND LUNCH WAGONS $2,188 $2,284 $2,523 $335 0.1% CHARTER BUS COMPANIES - $741 $383 $383 0.1% COMMERCIAL PARKING FACILITY $44 $57 $57 $13 0.0% DANCE HALLS AND BALLROOMS $2,731 $323 $566 -$2,166 -0.4% CANNABIS DELIVERY $16,440 $9,726 $129,077 $112,637 22.8% DIRECT SELLING ORGANIZATION $372 $384 $394 $22 0.0% FORTUNE TELLERS - - $747 $747 0.2% FREIGHT FORWARDING SERVICES $17,736 $19,090 $21,573 $3,837 0.8% GENERAL CONTRACTOR CLASS A OR B $49,853 $55,783 $88,899 $39,046 7.9% HOTELS $18,851 $12,703 $20,797 $1,946 0.4% MANUFACTURING INDUSTRIES $302,676 $183,222 $189,443 -$113,233 -22.9% MASSAGE PARLORS OR STEAMBATHS - - $186 $186 0.0% MISCELLANEOUS VENDING MACHINES $12,125 $8,811 $8,227 -$3,897 -0.8% MOTELS AND MOTOR HOTELS $3,128 $9,291 $5,601 $2,473 0.5% MOVING VAN OR TRUCKS $667 $546 $391 -$277 -0.1% PAWNBROKER $154 $1,415 $322 $169 0.0% PERSONAL SERVICES $55,507 $68,541 $69,109 $13,602 2.8% PROFESSIONAL OR SEMI PROF SVCS $247,865 $444,418 $611,243 $363,378 73.5% PUBLIC UTILITY $21,823 $13,082 $13,401 -$8,422 -1.7% RECREATION BOWLING ALLEYS - $552 $1,251 $1,251 0.3% RECREATION GYM OR ATHLETIC CLUBS $1,173 $730 $1,663 $490 0.1% REPAIR SERVICE $20,635 $18,390 $20,400 -$235 0.0% RETAIL AUTO OR MARINE OR AIRCRAFT $7,165 $7,744 $8,038 $873 0.2% RETAIL EATING OR DRINKING PLACE $55,898 $60,608 $58,743 $2,844 0.6% RETAIL GENERAL MERCHANDISE $46,524 $50,861 $49,943 $3,419 0.7% ROOMING AND BOARDING HOUSES $3,579 $3,879 $3,718 $139 0.0% SCRAP AND WASTE MATERIALS $298 $837 $599 $302 0.1% Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 34 Business Type 2018 2019 2020 Total Growth % of Total Growth SECURITY GUARD SERVICES $4,957 $4,998 $4,845 -$112 0.0% SUB CONTRACTOR CLASS C $75,709 $85,558 $116,367 $40,658 8.2% TAXICAB TRANS. AND LIMO SERVICE $2,052 $18,118 $8,741 $6,689 1.4% TRAILER CTS AND MOBILE HOME PARK - $5,546 $2,830 $2,830 0.6% TRUCKING $12,369 $7,933 $5,617 -$6,751 -1.4% WAREHOUSING AND STORAGE $19,187 $26,642 $38,504 $19,317 3.9% WHOLESALE SALES AND DISTRIBUTOR $98,177 $99,327 $101,922 $3,745 0.8% Unspecified $4,900 $11,500 - - - Total $1,232,465 $1,378,062 $1,727,000 $494,535 The majority of revenue is derived from a few business subtypes. Professional services and cannabis delivery have accounted for the greatest proportion of BLT growth over the past three years. Notably, there are only two cannabis delivery businesses, which together paid $129,000 in fees for 2020. Other major business subtypes, meanwhile, such as wholesalers, manufacturing, and business services, have produced fairly flat or declining BLT revenues. The following table shows the 10 subtypes which accounted for the most revenue collectively in 2020. Business Type Count Total Revenue PROFESSIONAL OR SEMI PROF SERVICES 379 $611,243 MANUFACTURING INDUSTRIES 69 $189,443 BUSINESS SERVICES 450 $139,757 CANNABIS DELIVERY 2 $129,077 SUB CONTRACTOR CLASS C 573 $116,367 WHOLESALE SALES AND DISTRIBUTOR 226 $101,922 GENERAL CONTRACTOR CLASS A OR B 357 $88,899 PERSONAL SERVICES 308 $69,109 RETAIL EATING OR DRINKING PLACE 144 $58,743 RETAIL GENERAL MERCHANDISE 149 $49,943 These top 10 revenue-generating business subtypes collectively accounted for 90% of the City’s business license tax revenue in 2020. The following table shows the amount of business license tax revenue from businesses over the last three years by employee count. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 35 Businesses License Tax Assessed from Businesses Inside and Outside the City by Employee Count (2018 – 2020) Employee Count 2018 2019 2020 Avg Fee (2020) % of Total (2020) Inside SSF 0 $ - $ - $ - $0 0.0% 1 $157,241 $191,573 $188,555 $239 10.9% 2 $66,499 $66,258 $101,337 $385 5.9% 3-5 $77,163 $94,933 $188,567 $595 10.9% 6-10 $81,580 $97,043 $120,889 $504 7.0% 11-25 $137,438 $186,299 $203,275 $888 11.8% 26-50 $95,600 $140,621 $150,266 $1,599 8.7% 51-100 $97,203 $100,804 $140,689 $3,272 8.1% 101-250 $88,828 $113,957 $159,496 $8,395 9.2% 251-999 $23,902 $84,642 $104,926 $14,989 6.1% 1000+ $248,715 $130,825 $132,939 $132,939 7.7% Unspecified $705 $719 $596 $149 0.0% Subtotal (Inside SSF) $1,074,875 $1,207,672 $1,491,536 $744 100% Outside SSF 0 $2,355 $1,511 $3,161 $226 1.3% 1 $122,442 $132,372 $188,502 $227 80.1% 2 $7,592 $9,055 $10,884 $259 4.6% 3-5 $6,735 $9,279 $9,228 $271 3.9% 6-10 $7,840 $3,979 $4,544 $227 1.9% 11-25 $2,180 $2,261 $2,575 $234 1.1% 26-50 $3,728 $5,187 $3,414 $427 1.4% 51-100 $318 $167 $173 $173 0.1% 101-250 $3,027 $3,311 $7,627 $1,907 3.2% Unspecified $1,373 $3,268 $5,355 $223 2.3% Subtotal (Outside SSF) $157,590 $170,390 $235,464 $239 100% All Businesses 0 $ 2,355 $ 1,511 $ 3,161 $211 0.2% 1 $ 279,683 $ 323,945 $ 377,058 $233 21.8% 2 $ 74,091 $ 75,313 $ 112,221 $368 6.5% 3-5 $ 83,898 $ 104,212 $ 197,795 $564 11.5% 6-10 $ 89,421 $ 101,022 $ 125,433 $482 7.3% 11-25 $ 139,618 $ 188,559 $ 205,849 $858 11.9% 26-50 $ 99,328 $ 145,807 $ 153,680 $1,507 8.9% 51-100 $ 97,521 $ 100,971 $ 140,863 $3,201 8.2% 101-250 $ 91,855 $ 117,268 $ 167,123 $7,266 9.7% 251-999 $23,902 $84,642 $104,926 $14,989 6.1% 1000+ $248,715 $130,825 $132,939 $132,939 7.7% Unspecified $705 $719 $596 $213 0.3% Total $1,074,875 $1,207,672 $1,491,536 $577 100% Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 36 Business license revenues inside the City are generally evenly spread among businesses of different sizes, with larger businesses fewer in number but paying a larger average fee. The correlation between business size and business license fee does not correlate as well on businesses located outside the City of South San Francisco. Most of these businesses have a single employee or of a type that have a flat fee (rather than a per employee rate); as such, businesses located outside the City tend to pay an average of $200 - $300 in license tax regardless of their size. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 37 Appendix B – Comparative Survey To gain insight into the prevailing practices for administering business license tax programs, the project team conducted a comparative survey of other Bay Area communities. The survey was designed to develop an understanding of common practices and provisions, as well as revenue metrics, from peer agencies doing similar work in other cities. The agencies asked to participate were determined by the team with the input of the City, and survey contacts were made in March and August of 2021. 1. Comparable Communities and Basic Demographics The following table presents the list of cities surveyed, as well as their population and the number of licensed businesses they reported in response to the survey. City Population San Jose 1,021,786 San Francisco 881,549 Boston (MA) 692,600 Oakland 433,044 Sunnyvale 152,770 Santa Clara 127,721 Berkeley 121,363 Daly City 106,677 San Mateo 104,333 Vacaville 100,670 San Leandro 90,025 Redwood City 85,784 South San Francisco 67,781 San Bruno 43,083 Menlo Park 34,698 Burlingame 30,576 Millbrae 22,625 South San Francisco sits in the lower half of surveyed cities by population. Four cities have smaller populations, and twelve have larger populations. The following table shows the number of licensed business reported for each surveyed city. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 38 City Licensed Businesses Businesses per 1,000 Population San Francisco 104,333 118 Oakland 70,000 162 San Jose 58,000 57 Boston (MA) 25,000 36 Berkeley 13,029 107 Santa Clara 12,751 100 San Leandro 10,938 121 Redwood City 8,610 100 Daly City 7,900 74 Burlingame 7,800 255 Sunnyvale 7,500 49 San Mateo 7,300 70 Menlo Park 5,480 158 Vacaville 5,093 51 Millbrae 3,300 146 South San Francisco 2,993 44 San Bruno 2,862 66 Average 21,660 109 Only one city reported fewer licensed businesses than South San Francisco, while 14 others reported more. South San Francisco has fewer licensed businesses per 1,000 residents (44) than any other city surveyed except for Boston, which conducts business registrations differently from the California cities included. The next closest California city was Sunnyvale at 49 licensed businesses per 1,000 population. This suggests that South San Francisco may not be capturing businesses in its license database with the same degree of consistency that other cities are. 2. BLT Ordinance and Major Program Elements The first section of the survey addresses the business license tax ordinance in each City and compares their characteristics. Initial information about the ordinance and use of funding is shown in the following table. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 39 City Date of Ordinance Use of Funds Tax Basis Annual Escalator Berkeley Adopted: 1977 Revised: 2018 General Fund Primarily gross receipts None Boston (MA) Adopted: 1976 Revised: 2019 General Fund Primarily flat fee, some gross sales None Burlingame Adopted: 1978 Revised: 2020 General Fund Flat fee None Daly City Adopted: 1993 Revised: 2020 General Fund Gross receipts None Menlo Park Adopted: 1975 Revised: 1978 General Fund Primarily gross receipts, some per employee None Millbrae Adopted: 1976 Revised: 1994 General Fund Gross receipts plus per-employee and square foot charges None Oakland Adopted: 2007 Revised: 2017 General Fund Primarily gross receipts None Redwood City Adopted: 1990 Revised: 2017 General Fund Primarily per employee, some per- unit or flat fees CPI San Bruno Adopted: 1983 Revised: 2019 General Fund Primarily gross receipts, some per employee or square foot None San Francisco Adopted: 2011 Revised: 2020 General Fund Gross receipts CPI San Jose Adopted: 2016 Revised: 2021 General Fund Primarily per employee, some per unit or square foot CPI San Leandro Adopted: 1998 Revised: 2020 General Fund Primarily per employee, some square footage or flat fees CPI San Mateo Adopted: 1971 Revised: 2021 General Fund Primarily gross receipts None Santa Clara Adopted: 2000 Revised: 2017 General Fund Primarily per employee None Sunnyvale Adopted: 1968 Revised: 2020 General Fund Per employee or rental unit CPI Vacaville Adopted: 1977 Revised: 2000 General Fund Primarily per employee, some per- unit CPI – if triggered South San Francisco Adopted: 1976 Revised: 2020 General Fund Varies by business type CPI Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 40 Like most cities, South San Francisco’s ordinance has been recently revised but principally only to address the rates applied for the coming year, not for major program modifications. All comparable cities surveyed are using the business license taxes for general fund support. Of the 12 cities surveyed, five use CPI to annually adjust business license tax rates and another (Vacaville) provides that option when CPI has increased by 10% since the last update but does not automatically trigger it. The basis for assessing taxes is different from city to city. Two cities use a flat fee, and seven use gross receipts as the primary assessment methodology. Three cities use a per- employee tax, three others use a blend of per-employee and per-unit or square footage, and one city uses both a gross receipts and per-employee basis. A more detailed outline of the provisions in each city’s business license tax ordinance is shown below. City Summary of Ordinance Provisions Berkeley Minimums: $26 for home-based and nonprofits, $77 for rental property, $51 for all others Gross Receipts: • Retail and Automotive, Wholesale, Administrative Headquarters: $1.20 per $1,000 gross receipts • Business, Personal Repair, Contractors, Private Franchised Haulers/Recycling: $1.80 per $1,000 gross receipts • Groceries: $0.6 per $1,000 gross receipts • Misc. Business: $2.40 per $1,000 gross receipts • Professional/Semi-professional: $3.60 per $1,000 gross receipts • Recreation and Entertainment: $4.50 per $1,000 gross receipts • Property Rental: - $10.81 per $1,000 gross receipts under 5 units - $28.80 per $1,000 gross receipts 5 or more units • Cannabis: - $25 per $1,000 gross receipts medical - $50 per $1,000 gross receipts non-medical • Professional Sports: $100 per $1,000 gross receipts • Firearms Dealers, Private Rubbish Haulers: $150 per $1,000 gross receipts • Manufacturing: $1.20 per $1,000 value added • Taxis: $215 per vehicle • Handbills & Peddlers: - $309 and $258 respectively - $206 or $168 for hand-made peddler wares Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 41 City Summary of Ordinance Provisions Boston (MA) • $65 to obtain business certificate, additional $35 if outside City. Renewed every 4 years. • Various other flat fees due to individual commissions for different business types; very numerous, such that the code has them in alphabetized sections. Examples: - Advertising permit: $50/month from Commissioner of Public Works - License to manufacture or deal in alcohol: $3 from the Board of Health and Hospitals - License to sell ammunition: $225 from the Police Commissioner - Assembly Permit: $160 - $6,500 depending on size, from Fire Chief - Auction License: $50 from Police Commissioner - Auctioneer’s License: $100 for resident, or $10/day with minimum of $50 for non-resident, from Police Commissioner - Automatic Amusement Device License: $140 from Licensing Board - Automobile Wrecking Yard Permit: $750 from Fire Chief - Bakery Permit: $100 from Dept. of Public Health - Bath/Spa Permit: $200 from Board of Health and Hospitals - Manufacturing of bottles or beverages: $400 from Board of Health and Hospitals - Bowling Alley Permit: $40 + $20/lane from Licensing Board - Bowling Alley Refinishing Permit: $130 from Fire Chief - Mechanic’s License: $50 + various renewal fees from Board of Examiners - Building Materials Yard Permit: $750 from Fire Chief - Cemetery: $500 from Mayor and Council - Club License: $100 from Licensing Board - Dancing School License: $100 from Mayor’s Office - Day Care License: $5 from Board of Health and Hospitals Burlingame • Flat fee based on which quarter the business was started. - Q1: $100 - Q2: $75 - Q3: $50 - Q4: $25 Daly City • Assessment for all businesses types is 1.1% of total gross receipts, with a minimum fee of $110. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 42 City Summary of Ordinance Provisions Menlo Park Greatest of gross receipts or, if applicable, another methodology. • Gross receipts schedule: - $0-$25k = $50 - $25-50k = $75 - $50-$75 = $100 - $100-$200 = $160 - ...etc up to: - $1-$2mil = $750 - $250 per $1mil thereafter - Capped at $8,000 • Admin offices or warehouses: - 1-5 employees = $50 - 6-15 employees = $200 - 16-25 employees = $350 - ...etc up to - 201+ employees = $1,250 • Peddlers/Solicitors: $300/year or $20/day • Home Occupation < $7,500 in gross receipts: $93 one-time fee plus $25 annually Millbrae • Retail and Services: $64, plus $4.25 per employee, plus application of gross receipts schedule (above $750,000 annual revenue). • Rental Property - Residential: $64, plus $5.30 per unit. • R&D: $64, plus $0.32 per $1000 cost of operations. • Gross Receipts are applied in addition to the base fee and the per employee charge as follows: - Over $750,000 and under $5,000,000 = .03% of gross receipts. - Over $5,000,000 and under $10,000,000 = .025% of gross receipts. - Over $10,000,000 = .02% of gross receipts. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 43 City Summary of Ordinance Provisions Oakland • Most industries: gross receipts - Business and personal, contractors, hotels, real estate development or rehabbers: $60 + .18% of gross receipts above $33,335 - Cannabis: .12% of gross receipts above defined amount which varies depending on business classification - Groceries: $60 + .06% of gross receipts above $100,000 - Professional: $60 + .36% of gross receipts above $16,600 - Residential rentals: 1.395% of gross receipts - Commercial/industrial rentals: 1.395% of gross receipts, some exemptions - Recreation / entertainment: $60 + .45% of gross receipts above $13,335 - Public Utilities: $60 + .1% of gross receipts above $60,000 - Administrative headquarters, retail, manufacturers, wholesalers, and all others: $60 + .12% of gross receipts above $50,000 • Transportation: per employee - First person: $72 - Next 19 people: $18/employee - Next 80 people: $9/employee - Next 100 people: $7.50/employee - All others: $4.50/employee • Taxi/Limo/Ambulance - $75 per ambulance or limousine - $180 per taxicab Redwood City • Most industries (default): $70 plus $46 per full-time employee and $23 per part-time employee. • Real Estate Broker: $70 plus $48 per salesperson or employee • Residential property rental: $70 plus $26 per unit • Non-residential property rental: $70 plus $26 per 1,000 square feet • Contractors with less than $50,000 gross receipts: $47 flat • Dance halls, vehicle wreckers, junk collection, pawnbrokers, commercial advertising, fortune tellers, Christmas tree lots: $698 flat • Maximum tax for any business is $5,798 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 44 City Summary of Ordinance Provisions San Bruno • General tax rate based on gross receipts for most business types: - Less than $75,000 = $75 - $75,000 - $100,000 = $100 - Up to $500,000 = $110 + $5.25 per $5,000 - Up to $1,000,000 = $530 + $4.00 per $5,000 - Up to $5,000,000 = $930 + $2.75 per $5,000 - Over $5,000,000 = $3,130 + $1.65 per $5,000 • Manufacturing and central administrative offices: based on employee count and square footage. Employee Count - 1-10 = $7.50 per employee - 11-25 = $75 + $5 per employee over 10 - 26-50 = $195 + $4 per employee over 25 - 51+ = $350 + $3 per employee over 50 Square Footage - Under 1,000 square feet = $150 - 1,000 to 2,499 square feet = $250 - 2,500 to 4,999 square feet = $350 - 5,000 to 9,999 square feet = $550 - 10,000 or more square feet = $850 • Apartments: $50 + $1 per room • Commercial property: $50 + $10/1,000 sq. ft. • Vehicle vendors: $75/year • Nonresident contractors: $75/year San Francisco • Gross receipts tax based on business type. - Brackets range from gross receipts of $0 - $100,000 (in which Schedule A pays $103, Schedule B pays $86), up to a bracket of $2 million or greater (in which Schedule A pays $40,261, Schedule B pays $34,510). - Schedule A: default schedule, includes every business function not listed in Schedule B. - Schedule B: businesses consisting solely of the business activities of Certain Services (e.g. Repair/Maintenance, Personal/Laundry, Civic Orgs), Retail Trade, and/or Wholesale Trade). Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 45 City Summary of Ordinance Provisions San Jose • Default rate is based on employee count, unless stated otherwise. - Base tax (1 - 2) employees = $203.85. - Higher staffing numbers increases the per-employee cost based on brackets; 3 - 35, 36 - 100, 101 - 500, 501+. - Highest cost per employee is $65.45. • Fees specific to businesses: - Residential Rental: Same base tax, similar fee structure, but uses property units instead. Caps at 501+ rental units, same maximum tax. - Commercial Rental: Same base tax. Flat incremental tax of $0.0272 per square foot. Same maximum tax. - Mobile Home Parks: Same base tax for 1 - 2 lots. Incremental tax of $10.60 per unit for 3 or more lots. Same maximum tax. - Water Meter Connections: Same base tax, flat tax of $1.09 per connection. • Tax cannot exceed $163,745. San Leandro • Base tax either $732.70 (for automobile wrecking, commercial advertising, tree lots and pumpkin patches, dance halls, pawn shops, secondhand shops, and fortune tellers) or $146.20 (all others). • Additional tax charged depending on type of business. - Manufacturing, retail, peddlers, utilities, local wholesale/distribution, and miscellaneous: $43.90 per employee - Contractors, recreation, and “services”: $87.90 per employee - Professional: $110 per employee - Warehouses and general wholesale/distribution: $114.10 per 1,000 square feet - Nonresidential property rental: $21.90 per 1,000 square feet - Residential property rental: $13.20 per unit - Towing and coin-operated devices: $1.30 per $1,000 of gross receipts - Firearms dealer: $4.40 per $100 of gross receipts from concealable weapons sold to private individuals or entities - Parking lot: $100 per $1,000 of gross receipts - Waste disposal: $1.97 per ton - Carnival: $263.50 per day - Merchant: $45.40 per week Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 46 City Summary of Ordinance Provisions San Mateo • Most professions and retailers taxed by gross receipts according to established schedule: - Under $30,000 = $25 - $30,000 to $40,000 = $30 - $40,000 to $45,000 = $38 - $45,000 to $50,000 = $46 - $50,000 to $55,000 = $54 - $55,000 to $65,000 = $62 - $65,000 to $70,000 = $70 - $70,000 to $75,000 = $78 - $75,000 to $80,000 = $86 - $80,000 to $85,000 = $94 - $85,000 to $90,000 = $102 - $90,000 to $95,000 = $110 - $95,000 to $100,000 = $115 - Over $100,000 = $115 + $2.85 per additional $5,000 • Real estate brokers: $50 + $5 per associate • Automotive: various flat taxes depending on type of business • Contractors: $100 general, $40 other/subcontractors • Hotels: $30 + $2.50 per room Santa Clara • Most businesses taxes based on number of employees, with a minimum of $15 and a maximum of $500. Business classification determines the number of employees at which the maximum is reached. - Professional: $500 maximum reached at 56 employees. - Manufacturing: $500 maximum reached at 401 employees. - Commercial/Industrial and miscellaneous: $500 maximum reached at 101 employees. • Residential rentals: $3 per unit • Theaters: $23 to $45 depending on size • Taxis: $15 per vehicle • Various others according to schedule (see appendix) • Businesses outside the city: $45 flat tax and $23 per vehicle Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 47 City Summary of Ordinance Provisions Sunnyvale • Business license tax based on number of employees or rental units, whichever count is higher. • Employee count - First employee = $30 - 2-5 employees = $50 - 6+ employees = $50 per 5 employees - Maximum $9,500 • Rental unit count - First unit = $30 - 2-5 units = $50 - 6+ units = $50 per 5 employees - Maximum $4,250 • All figures 2009 dollars. Initial value ($30 above) now $39.95 in 2020. Vacaville • NAICS Sectors 52, 53, 54, 55, and 62: Fee of $75 + the following: - 2-5 employees: $25/yr - 6-12 employees: $50 - 13-25 employees: $125 - 26-50 employees: $150 - 51-100 employees: $250 - 101+ employees: $25 per 50 staff - Max: $500 per location/branch • Others: Fee of $50 + the following: - 2-5 employees: $25/yr - 6-12 employees: $50 - 13-25 employees: $100 - 26-50 employees: $125 - 51-100 employees: $225 - 101+ employees: $25 per 50 staff • If $1k-$2.5k in gross receipts: - $25 for 1 employee - $40 for 2+ - Max: $500 per location/branch • Apartments: $4/unit, max $350 • Hotels: $3/unit, max $350 • Trailer Parks: $2/unit, max $350 • Taxi: $50 + $5/vehicle annually and $10.25 + $1/vehicle quarterly Special rates for bingo, cannabis, vending machines, jukeboxes. South San Francisco Varies depending on business type: Auctioneer $132.50 per auction day Business and Personal Services Manufacturer Warehousing Wholesale/Retail Sales Distributor and Other Services Repair and Other Services $99.75 per year + $20.00 per employee (including owner), up to $132,883.25 total. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 48 City Summary of Ordinance Provisions Cannabis Businesses 1-5% of gross receipts depending upon type of cannabis business 1-2.5% of gross receipts for testing operations 1-4% of gross receipts for cultivating operations 1-3% of gross receipts for distributing operations 1-5% of gross receipts for manufacturing and delivery operations 1-5% of gross receipts for all other cannabis businesses Coin Operated Machines 1% of gross receipts Commercial Parking Facility 8% of gross receipts Construction Contractor “A” or “B” $199.25 annually Subcontractor or “C” Contractor $165.75 annually Junk Collector or Recycler Higher of $266 or 4% gross receipts, due in quarterly payments Medium $664.75 annually Pawnbroker $266 annually Peddler or Solicitor $99.75 + $20.00 per employee/owner + $332.25 per vehicle used Peddler – Single Perishable Product $186.50 annually Peddler – Catering Truck $372.50 per vehicle annually Peddler – All Others $372.50 annually plus $13.50 per day in excess of 2 persons Professional/Semi-professional $199.25 + $199.25 for each additional associate, partner or member of the professional corporation Public Utilities $6,644.50 annually Bowling Alley $66.50 per alley annually Circus or similar exhibition Carnival or similar event $664.75 for 1st day + $132.50 per additional day Other Recreation/Entertainment Businesses $132.50 Hotels, Motels, or Apartment House Trailer and Mobile Home Parks $99.75 + $7.00 per unit/space annually (occupied or vacant) Temporary Vendors $66.50 per day Transportation of Persons $332.25 per vehicle + $20.00 per employee annually Most cities have a business license tax based on either gross receipts or employee count, with per-unit or square footage exceptions carved out for property rentals, along with specific rates for some particular business types. South San Francisco is unique in Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 49 charging a flat rate to contractors while using a per-employee or gross receipts-based rate for other business types. The City of Boston’s model is different from any other city surveyed. The City administers a “business registration” program rather than a business license tax program, using a flat fee structure, and its revenue per business is minimal as a result (a fact which is noted in the relevant financial comparison later in this document). The City does, however, require permits for dozens of specific business types which can be obtained from the respective departments and boards which administer them. Every city surveyed which determines business license taxes on a per-employee basis defines “employees” as only those employees which are located or operating within the city limits. 3. BLT Exemptions and Provisions for Specific Business Types There are some cities which also offer exemptions to businesses in addition to those already exempt from business tax under California law. These exemptions, as well as any special provisions for contractors headquartered outside the city and transportation network companies (TNC’s) like Uber and Lyft, are shown in the following table. Cities not offering any exemptions beyond those required under State law are shown as “Standard”. These standard exemptions include 501(c)3 nonprofit and religious organizations, federally chartered banks, insurers subject to the state gross premiums tax, low-income housing, and license-exempt daycares. City Exemptions Provisions for Contractors Outside the City TNC Provisions Berkeley Nonprofits, warehouses if they serve another related business location in the city, infirm individuals, charitable organizations. Gross receipts apportioned for work done in city, subcontractor payments deductible Drivers not required to get a business license. $0.50 per ride originating in the city, minus $0.25 for shared rides Boston (MA) LLC's, C-Corps, S-Corps, etc. They only register sole proprietorships, franchises, DBA's, etc, not entities governed by the Commonwealth. $35 fee instead of $65 for business certificate Drivers expected to register as independent contractors. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 50 City Exemptions Provisions for Contractors Outside the City TNC Provisions Burlingame Standard Pro-rated based on when work in the City is conducted Drivers expected to become licensed as independent contractors. Daly City Standard No special provisions Drivers expected to become licensed as independent contractors. Menlo Park Owners of less than five hotel, motel or apartment units; Owners of industrial, commercial, professional or other real property held out to others for lease; home day cares; standard other categories. Gross receipts apportioned for work done in city, subcontractor payments deductible Drivers expected to become licensed as independent contractors. Millbrae Standard No special provisions Drivers expected to become licensed as independent contractors. Oakland Businesses grossing < $2,500 in 2010 dollars. Also certain commercial and owner- occupied properties, parking lot operators, and other identified businesses subject to other taxes. No special provisions Drivers expected to become licensed as independent contractors. Redwood City Home occupations less than $1,000, standard other categories. No special provisions Drivers expected to become licensed as independent contractors. San Bruno Auctioneers, people under 16, moving companies. Flat fee of $75/year Drivers expected to become licensed as independent contractors. San Francisco Businesses grossing < $2 million or with no more than 4 rental units. No special provisions Drivers expected to become licensed as independent contractors. 3.25% per ride originating in city Minus 1.5% for shared rides Minus 1.5% for zero- emission rides Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 51 City Exemptions Provisions for Contractors Outside the City TNC Provisions San Jose Farmers market vendors, off- duty police officers, hand- produced wares, senior citizens, and at-home lessons, along with standard categories. Pro-rated based on when work in the City is conducted Drivers expected to become licensed as independent contractors. Must have ground transportation permit to offer airport service. San Leandro Businesses grossing < $5,000 No special provisions Drivers expected to become licensed as independent contractors. San Mateo Standard No special provisions Drivers expected to become licensed as independent contractors. Santa Clara Standard Flat fee of $45/year No licenses issued for rideshare drivers. Sunnyvale Standard No special provisions Drivers expected to become licensed as independent contractors. Vacaville Charities, nonprofits, at-home teachers, minors under 16, any gross receipts under $1k, and peddlers who are blind or veterans, standard others. No special provisions Drivers expected to become licensed as independent contractors. South San Francisco Standard No With the exception of San Francisco, exemptions are typically limited to small businesses such as those showing minimal gross receipts, small private landlords, and home occupations. Individual cities also exempt parking lot operators, business owners under 16 years of age, and veterans or disabled peddlers. Most cities which have separate provisions for businesses outside city limits use a flat fee or pro-rate the business license tax, lightening the tax burden on those businesses. All but two cities surveyed require rideshare drivers to obtain a business license as an independent contractor/sole proprietor. Per the text of California SB 182 from 2017, drivers are required only to obtain a single local business license instead of a license from each local jurisdiction. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 52 4. BLT Program Administration The following section explores how the business license tax program is administered in the cities surveyed. The administration of the program (whether internal or contracted), the approximate number of assigned FTE’s for those internally administered, and the extent of technology use for businesses to apply and renew their license, are shown in the following table. City Administration Assigned FTE’s Application Approach San Jose Internal 10 Electronic Oakland Internal 8 Electronic Daly City Internal 1 Paper Redwood City Internal 1 Electronic Santa Clara Internal 1 Electronic Boston Internal 8 PT Paper Vacaville Internal 4 PT Electronic Berkeley Internal 3 PT Paper Sunnyvale Internal 2 PT Electronic South San Francisco Internal 1 PT Electronic Millbrae Internal 1 PT Paper Menlo Park Internal 1 PT Electronic San Bruno Internal 1 PT Paper Burlingame Internal 1 PT Paper San Leandro Contracted n/a Electronic San Mateo Contracted n/a Electronic San Francisco Internal No Response Electronic Most cities administer their business license tax program internally, using either a single staff member or partial contributions from more than one staff member. In many cities where all business license renewals are due at the same time each year, staffing needs for the function are defined by seasonal workload fluctuation. The majority of cities offer online applications and renewal, requiring no in-person visits or manual paper processes. There are six cities without this ability; they are still using a paper-based process. The following table shows the business license cycle for cities surveyed, the requirements of the renewal process, and the means (if any) by which audits are conducted to ensure accurate information and discourage unlicensed businesses from operating. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 53 City Business License Cycle Renewal Process Auditing Resources Berkeley Annual ending 12/31 Reminders mailed in November, delinquent notices at 30, 60 days Revenue Development division of the Finance Dept conducts audits Boston (MA) Every 4 years on anniversary date Reminders sent 30 days prior, delinquent notices at 30, 60, 90 days Informal, using permit and inspection records Burlingame Annual ending 6/30 Courtesy notices mailed prior to renewal Informal, using permit and inspection records Daly City Annual ending 9/30 Courtesy notices mailed month prior to renewal Require tax documents of gross receipts at renewal Menlo Park Annual ending 12/31 Reminders sent 1 and 2 months ahead of time Informal, using permit and inspection records Millbrae Annual ending 6/30 Courtesy notices mailed month prior, delinquent notices follow. None Oakland Annual ending 3/1 Multiple notices via mail and email prior to renewal City’s audit team conducts separately Redwood City Annual ending 6/30 Bills mailed prior to deadline Outsourced to contractor San Bruno Annual ending 6/30 Courtesy notices mailed month prior, delinquent notices follow. Outsourced to contractor San Francisco Biennial ending 5/31 Bills mailed prior to deadline Internally search for unlicensed businesses and check tax filings San Jose Annual ending on anniversary month Bills mailed prior to deadline Coordination with fire & code inspectors, field audits, and verification of renewal information. San Leandro Annual ending 12/31 Courtesy notices/forms mailed and emailed prior to deadline Selected internal audits of renewal information and applications San Mateo Annual Courtesy notices mailed prior to renewal Outsourced to contractor Santa Clara Annual ending on anniversary Courtesy notices mailed month prior to renewal Informal, using permit and inspection records Sunnyvale Biennial ending 12/31 Courtesy notices mailed and emailed prior to renewal Internally review permit and inspection records Vacaville Annual ending 4/30 Reminders sent 60 days ahead of time Informal, using permit and inspection records South San Francisco Annual ending 12/31 Courtesy notices mailed month prior Informal, check financial times notices of new businesses Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 54 South San Francisco, like most cities, has an annual cycle and mails courtesy notices the month prior to the renewal deadline each year. Unlike some other cities, however, there is no program in place to audit business licenses; instead this is conducted informally by reviewing notices of new businesses and checking to see if they are registered with the City. The majority of others in the survey either contract compliance work out (3 cities), audit businesses internally on a formal (4 cities) or informal (5 cities) basis, delegate auditing to another department or division (2 cities), or coordinate with fire and code enforcement inspectors (1 city) to prevent unlicensed businesses. 5. BLT Revenue Comparison The following table shows the reported revenues from business license taxes for each city in FY18 – FY21, either from their budget or from their survey response (with the response taking priority). Responses are sorted according to FY2020 estimated revenue. City FY 2018 Actual FY 2019 Actual FY 2020 Estimate FY 2021 Adopted San Francisco 5 $899,142,553 $919,551,504 $833,931,202 $668,100,000 Oakland $86,107,189 $86,622,000 $99,673,792 $103,221,291 San Jose $74,902,578 $70,200,000 $70,900,000 Berkeley $19,878,912 $19,848,803 $19,584,000 $19,975,680 San Leandro $6,505,780 $6,644,000 $6,500,000 $6,400,000 San Mateo $6,628,331 $5,939,518 $5,968,611 Daly City $4,690,146 $4,928,602 $5,798,000 $5,917,200 Redwood City $2,697,321 $3,061,509 $2,861,657 San Bruno $2,563,854 $2,176,473 $1,908,000 $1,780,910 Menlo Park $1,735,000 $1,778,000 $1,600,000 Sunnyvale $1,837,527 $1,952,881 $1,749,343 $1,914,476 South San Francisco 6 $1,232,465 $1,378,062 $1,727,000 $1,595,015 Santa Clara $898,990 $915,000 $959,500 $969,095 Burlingame $1,039,154 $865,000 $730,000 Millbrae $366,040 $465,778 $350,000 $340,000 Vacaville $286,994 $286,920 $295,668 $295,668 Boston (MA)7 $404,905 $406,960 $256,260 $255,960 5 The payroll tax was eliminated in 2020 through Prop F, with gross receipts tax becoming the primary source of business license taxes effective January 2021. 6 Figures from actual data provided by City, with exception of FY2021 which is from the adopted budget. 7 Because Boston runs a registration program rather than a business license tax program, its revenue is minimal and it cannot truly be considered comparable to South San Francisco. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 55 The following table shows, for comparison purposes, the total General Fund revenue of each city from FY19 – FY21. City FY 2019 Actual FY 2020 Estimate FY 2021 Adopted San Francisco $4,855,272,000 $5,678,691,000 $5,231,593,000 Boston (MA) $3,371,150,000 $3,493,540,000 $3,612,460,000 San Jose $1,289,145,017 $1,087,661,634 $1,042,445,727 Oakland $601,272,730 $651,012,857 $675,810,691 Santa Clara $236,016,927 $249,885,658 $255,804,650 Berkeley $208,462,620 $197,008,883 $201,732,998 Sunnyvale $185,522,514 $174,783,103 $163,880,428 Redwood City $161,084,468 $162,139,459 $149,035,341 San Mateo $139,872,195 $132,144,900 $126,495,889 San Leandro $135,254,970 $116,866,845 $118,045,460 South San Francisco $109,068,054 $112,621,224 $114,394,508 Vacaville $111,864,000 $111,225,000 $107,960,000 Daly City $85,785,145 $90,292,870 $90,292,8708 Menlo Park $66,770,000 $70,610,000 $56,567,125 Burlingame $84,537,352 $69,165,100 $61,428,400 San Bruno $47,762,265 $47,522,730 $48,761,458 Millbrae $32,470,239 $32,139,687 $29,873,319 Based on these figures and the total count of businesses, the following table shows each city sorted by per-license revenue in FY2020, as well as each city’s business license tax as a percentage of all general fund revenues in that year. City Licensed Businesses FY 2020 Revenue per Business FY 2020 Revenue as % of General Fund San Francisco 9 104,333 $7,993 14.7% Berkeley 13,029 $1,503 9.9% Oakland 70,000 $1,424 15.3% San Jose 58,000 $1,210 6.5% San Mateo 7,300 $814 4.5% Daly City 7,900 $757 6.6% San Bruno 2,862 $667 4.0% San Leandro 10,938 $594 5.6% South San Francisco 2,993 $577 1.5% 8 Rollover budget used in Daly City for FY21 due to pandemic, see link. 9 San Francisco’s projected BLT revenue in 2021 represents a 20% decrease from 2020. Accordingly, the expected per-business revenue would fall to $6,404, and BLT revenue as a percentage of the General Fund would fall to 11.8%. Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 56 City Licensed Businesses FY 2020 Revenue per Business FY 2020 Revenue as % of General Fund Redwood City 8,610 $356 1.9% Menlo Park 5,480 $324 2.5% Sunnyvale 7,500 $233 1.0% Burlingame 7,800 $111 1.3% Millbrae 3,300 $106 1.1% Santa Clara 12,751 $75 0.4% Vacaville 5,093 $58 0.3% Boston (MA) 10 25,000 $10 0.0% Average (All Cities Surveyed) 21,660 $1,082 5.0% Average (Minus Major Cities) 7,714 $467 3.3% The per-license revenue, as well as the percentage of GF revenue accounted for by business license taxes, vary widely from city to city, reflecting differences in philosophy and approach. South San Francisco tends to fall near the middle of this range. At $577, the City’s per-license revenue sits just slightly below the median ($594) of the 15 California cities with available data, while the 1.5% of general fund revenue received from business license taxes in South San Francisco is lower than 10 of 15 California cities. 10 Because Boston runs a registration program rather than a business license tax program, its revenue is minimal. The revenue from business registrations as a percentage of the general fund is 0.007% Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 57 Appendix – Fee Schedules For cities with a published schedule of fees available online, those schedules have been collected and attached below for reference. Berkeley Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 58 Burlingame Menlo Park Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 59 Oakland Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 60 Redwood City San Bruno Gross Receipts Annual Tax Less than $75,000 $75.00 $75,000 or more, but less than $100,000 $100.00 Over $100,000 $110.00, plus $5.25 for each additional $5,000 or fraction thereof up to $500,000 Over $500,000 $530.00, plus $4.00 for each additional $5,000 or fraction thereof up to $1,000,000 Over $1,000,000 $930.00, plus $2.75 for each additional $5,000 or fraction thereof up to $5,000,000 Over $5,000,000 $3,130.00, plus $1.65 for each additional $5,000 or fraction thereof Area of Place of Business Occupied Annual Tax 999 square feet or less $150.00 Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 61 1,000—2,499 square feet $250.00 2,500—4,999 square feet $350.00 5,000—9,999 square feet $550.00 10,000 square feet or more $850.00 Number of Employees Additional Annual Tax 1—10 $7.50 per employee 11—25 $75.00, plus $5.00 for each employee in excess of 10 26—50 $195.00, plus $4.00 for each employee in excess of 25 51 or more $350.00, plus $3.00 for each employee in excess of 50 San Francisco (2019) Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 62 San Jose San Leandro Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 63 San Mateo Gross Receipts Tax Under $30,000 $25.00 $30,001—$40,000 $30.00 $40,001—$45,000 $38.00 $45,001—$50,000 $46.00 $50,001—$55,000 $54.00 $55,001—$65,000 $62.00 $65,001—$70,000 $70.00 $70,001—$75,000 $78.00 $75,001—$80,000 $86.00 $80,001—$85,000 $94.00 $85,001—$90,000 $102.00 $90,001—$95,000 $110.00 $95,001-$100,000 $115.00 Over $100,000, $115.00 plus $2.85 for each $5,000 or fraction thereof, thereafter. Santa Clara Business License Tax Assessment South San Francisco, CA Matrix Consulting Group 64 Vacaville City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-713 Agenda Date:9/15/2021 Version:1 Item #:4. Study session regarding Article 34 of the California Constitution’s voter approval requirement for the City to develop, construct, or acquire certain types of “low rent housing projects.”(Sky Woodruff, City Attorney) RECOMMENDATION It is recommended that the City Council receive the following report regarding Article 34 of the California Constitution’s voter approval requirement for the City to develop,construct,or acquire certain types of “low rent housing projects”, and provide direction to staff. BACKGROUND/DISCUSSION Historical Context and Scope Article XXXIV (Article 34)of the California Constitution requires South San Francisco voter approval before any federal,state or local public entity can develop,construct or acquire certain types of low rent housing projects in the City.Article 34 was approved in 1950 via Proposition 10 by the voters,and was implemented by statute in 1976 under Health & Safety Code section 37000 et seq. Under the statute,“low rent housing project”means any urban or rural dwellings,apartments or other living accommodations for low income residents,financed in whole or in part by the federal,state,or local government.This includes supplying labor,guaranteeing payment of liens,or other forms of financing.These projects may not be developed,constructed,or acquired by a city until the project is approved by the majority of the voters. Typically,cities that have sought voter approval for low rent housing projects have crafted the ballot measures to approve a specified number of units, rather than proposing that voters authorize specific projects. There are some statutory exemptions that exclude certain types of projects from Article 34 requirements,and specify that certain public entity actions are not considered as developing,constructing,or acquiring a low rent housing project. I. Projects Exempt from Article 34 The statute exempts eight (8)types of developments from the voter approval requirement.These exemptions were most recently amended on July 19, 2021 in response to the COVID-19 pandemic. 1)Privately owned housing subject to property taxes or, if exempt, either: (a) fully reimburses the taxing entities; or (b) is exempt under certain sections of the Revenue and Taxation Code available to non- profit housing developments; and not more than 49 percent of the units are required by the public entity to be occupied low-income persons; 2)Privately owned housing not exempt from property taxes by reason of any public ownership, and is not City of South San Francisco Printed on 9/10/2021Page 1 of 3 powered by Legistar™ File #:21-713 Agenda Date:9/15/2021 Version:1 Item #:4. financed with direct long-term financing from a public entity; 3)Units intended for owner-occupancy, which may include a limited equity housing cooperative, cooperative or condominiums; 4)Privately owned, newly constructed one-to-four family dwellings not located on adjoining sites; 5)Existing dwelling units leased by the public entity from a private owner; 6)Rehabilitation, reconstruction, improvement or addition to, or replacement of an existing low-rent housing project or a project previously or currently occupied by lower income households; 7)Acquisition, rehabilitation, reconstruction or improvement of a rental housing development which was subject to a federal or state public entity contract for assistance to provide affordable housing for low- income households and maintains, or enters into, a contract for federal or state public entity assistance for the same purpose; and 8)Acquisition, rehabilitation, reconstruction, alterations work or new construction of lodging facilities or dwelling units using any of the following sources of funds: a.CARES Act funds b.ARPA funds c.Funds Appropriated pursuant to various provisions of the Health and Safety Code relating to affordable housing preservation, loans and grants to qualified rental housing developments, and multifamily housing programs. II. Public Entity Actions Exempt from Article 34 The California Supreme Court has held that if a public entity is sufficiently involved in a privately owned project (i.e.provides funds conditioned upon review and approval of plans,financing,operation and maintenance and occupancy),this project may be treated as a “co-development”and Article 34 likely will be triggered under that concept. However,the public entity is still able take certain actions with respect to housing projects that would not be considered as the public entity developing,constructing,or acquiring the project.These actions are statutorily exempt from Article 34 requirements. Prime examples of these exempt actions include: ·Providing financing (secured by deed or other instrument) to a private owner of existing housing; ·Acquiring a previously publicly-funded development to temporarily protect its security, with the intent to transfer ownership so that the public entity will not be the owner of a low-rent housing project. ·Acquiring or improving land which is anticipated to be sold, ground leased, or otherwise transferred to a private owner prior to its development as a low-rent housing project, provided that the land and improvements are not exempt from property tax due to public ownership for a five-year period or longer, or if exempt, the taxing entities are fully reimbursed. City of South San Francisco Printed on 9/10/2021Page 2 of 3 powered by Legistar™ File #:21-713 Agenda Date:9/15/2021 Version:1 Item #:4. ·Leasing existing privately owned dwelling units, provided that the lease or sublease do not result in property tax reduction for the units. ·Providing assistance to private owner or occupant of existing housing units to provide sanitary, safe, and decent housing environment at affordable rent level. Additional exemptions are set forth under Health and Safety Code Section 37001.5. Article 34 Voter Approval Process The City Council may submit a ballot measure for voters to approve the City developing,constructing or acquiring low rent housing.Although this question has not been fully settled by the courts or statute,it appears that the voters could probably also bring an Article 34 initiative given that the California Constitution gives voters broad initiative power.As mentioned above,typically the public entity would be the one seeking approval from its voters,and would do so for a certain amount of low income housing units and not a specific development or project. CONCLUSION It is recommended that the Council receive the foregoing report and provide direction to staff. City of South San Francisco Printed on 9/10/2021Page 3 of 3 powered by Legistar™