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2019-12-11 e-packet@7:00
Wednesday, December 11, 2019 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council Regular Meeting Agenda December 11, 2019City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RICHARD GARBARINO, Mayor MARK ADDIEGO, Vice Mayor MARK NAGALES, Councilman BUENAFLOR NICOLAS, Councilwoman KARYL MATSUMOTO, Councilwoman FRANK RISSO, City Treasurer ROSA GOVEA ACOSTA, City Clerk MIKE FUTRELL, City Manager SKY WOODRUFF, City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 2 City of South San Francisco Printed on 1/27/2020 December 11, 2019City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PUBLIC COMMENTS For those wishing to address the City Council on any Agenda or non-agendized item, please complete a Speaker Card located at the entrance to the Council Chamber’s and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. 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. COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meetings of October 9, 2019, October 22, 2019 and October 23, 2019. 1. Motion to adopt the 2019 Sewer System Management Plan (SSMP) (Eunejune Kim, Director of Public Works/City Engineer) 2. Report regarding approval of a Joint Exercise of Powers Agreement between the City of South San Francisco and the Parking Authority of the City of South San Francisco, creating the City of South San Francisco Public Facilities Financing Authority (Janet Salisbury, Director of Finance) 3. Resolution of the City of South San Francisco Authorizing the Execution and Delivery of a Joint Exercise of Powers Agreement By and Between the City of South San Francisco and the Parking Authority of the City of South San Francisco 3a. Page 3 City of South San Francisco Printed on 1/27/2020 December 11, 2019City Council Regular Meeting Agenda Report regarding an Ordinance repealing and replacing Chapters 15.06, 15.08, 15.10, 15.12, 15.14, 15.16, 15.20, 15.22, 15.24, 15.26, 15.32, 15.34 and 15.36 of the South San Francisco Municipal Code pertaining to building regulations in their entirety, and adopting by reference and amending the 2019 Editions of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Green Building Standards, Existing Building, Referenced Standards Codes, and the International Property Maintenance Code. (Phillip Perry, Building Official) 4. An ordinance repealing and replacing Chapters 15.06 (California Administrative Code), 15.08 (California Building Code), 15.10 (Uniform Housing Code), 15.12 (California Plumbing Code), 15.14 (California Residential Code), 15.16 (California Mechanical Code), 15.20 (California Electrical Code), 15.22 ( California Green Building Standards Code), 15.24 (California Fire Code), 15.26 (California Energy Code), 15.32 (California Historical Building Code), 15.34 (California Existing Building Code), and 15.36 (California Referenced Standards Code) of the South San Francisco Municipal Code in order to adopt by reference and amend provisions of the 2019 Edition of the California Building Standards Code, California Code of Regulations, Title 24, parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12. 4a. Report regarding adoption of an Ordinance approving a Development Agreement with SSF PUC Housing Partners, LLC for the development of City-owned parcels at 1051 Mission Road (APNs 093-312-050 and 093-312-060). (Michael Lappen, Economic Development Coordinator) 5. Ordinance approving a Development Agreement with SSF Housing Partners LLC, for the development of City-owned parcels at 1051 Mission Road (APNs 093-312-050 and 093-312-060). 5a. ADMINISTRATIVE BUSINESS Report regarding a resolution approving and authorizing the City Manager to execute a funding agreement with City/County Association of Governments of San Mateo County (C/CAG) to accept up to $360,000 for the Smart Corridor Expansion Project (Project No. tr2002) design phase; approving budget amendment 20.026 which would amend the Fiscal Year 2019/20 Capital Improvement Program to fund the Smart Corridors Expansion Project; and approving and authorizing the City Manager to execute a consulting services agreement with Kimley-Horn and Associates to perform design services for the Smart Corridors Expansion Project (Project No. tr2002) in an amount not to exceed $280,000 for a total design budget of $360,000. (Bianca Liu, Senior Engineer) 6. Page 4 City of South San Francisco Printed on 1/27/2020 December 11, 2019City Council Regular Meeting Agenda Resolution approving and authorizing the City Manager to execute a funding agreement with City/County Association of Governments of San Mateo County (C/CAG) to accept up to $360,000 for the Smart Corridor Expansion Project (Project No. tr2002) design phase; approving budget amendment 20.026 which would amend the Fiscal Year 2019/20 Capital Improvement Program to fund the Smart Corridors Expansion Project; and approving and authorizing the City Manager to execute a consulting services agreement with Kimley-Horn and Associates to perform design services for the Smart Corridors Expansion Project (Project No. tr2002) in an amount not to exceed $280,000 for a total design budget of $360,000. 6a. Kilroy Oyster Point Construction Project Quarterly Report Q3 2019 (July 2019 - October 2019) (Eunejune Kim, Public Works Director, Kilroy/Cummings Representatives) 7. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Discussion and consideration of San Mateo County City Selection Committee vacancies. (Richard Garbarino, Mayor) 8. C/CAG Committee Vacancies for Elected Officials. (Richard Garbarino, Mayor)9. CLOSED SESSION Conference with Labor Negotiators: (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mike Futrell, City Manager; Sharon Ranals, Assistant City Manager Unrepresented employee: Director of Parks and Recreation 10. Conference with Real Property Negotiators: (Pursuant to Government Code Section 54956.8) Properties: 616 and 700 Linden Avenue (APN: 012-174-300 and 012-145-370) City Negotiators: Nell Selander and Deanna Talavera Negotiating Parties: City of South San Francisco and SC Properties Under Negotiation: Review of Price and Terms 11. ADJOURMENT Page 5 City of South San Francisco Printed on 1/27/2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-987 Agenda Date:12/11/2019 Version:1 Item #:1. Motion to approve the Minutes for the meetings of October 9, 2019, October 22, 2019 and October 23, 2019. City of South San Francisco Printed on 1/27/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-861 Agenda Date:12/11/2019 Version:1 Item #:2. Motion to adopt the 2019 Sewer System Management Plan (SSMP)(Eunejune Kim,Director of Public Works/City Engineer) RECOMMENDATION It is recommended that City Council adopt by motion the 2019 Sewer System Management Plan to be in compliance with the State Water Quality Control Board and General Waste Discharge Requirements. BACKGROUND/DISCUSSION The Sewer System Management Plan (SSMP)is required under Waste Discharge Requirements (WDR)Order No.R3-2006-0003 DWQ,adopted by State Water Resources Control Board (SWRCB)and Order No.WQ 2013-0058-EXEC for Statewide General Waste Discharge Requirements and Sanitary Systems.The WDR stipulates that permitted agencies such as the City of South San Francisco must develop and implement an SSMP in order to reduce Sanitary Sewer Overflows (SSO).Additionally,the SSMP provides for the implementation of measures to ensure efficient and effective response to overflows,and source control measures to minimize the introduction of grease and oils, and other materials that may cause blockages. The SWRCB developed this WDR to promote uniformity in the management of California’s collection system that will benefit water quality and prolong the life of sanitary sewer systems. The State Water Resources Control Board (SWRCB)may regulate sanitary sewer overflows based on authority in the Federal Clean Water Act (EPA 2002)and the Porter-Cologne Water Quality Control Act,Section 13263 (California Water Code of Regulation 2006). City Council adopted the current Sewer Management Plan in 2014.This revised 2019 document meets all requirements for the State Water Control Board and statewide general Waste Discharge. The WDR,under Section D.13.x,states that SSMP program audits must occur bi-annually (minimum)and that a report must be prepared and kept on file.Additionally,the WDR requires the SSMP to be presented and certified by the City of South San Francisco’s City Council every five years.The Sanitary Sewer Management Plan is a living document and is updated and amended as required. FISCAL IMPACT Sufficient funding for implementation of the SSMP exists within the current operating budget.There is no additional fiscal impact to the City’s wastewater collection budget. City of South San Francisco Printed on 1/27/2020Page 1 of 2 powered by Legistar™ File #:19-861 Agenda Date:12/11/2019 Version:1 Item #:2. RELATIONSHIP TO STRATEGIC PLAN The SSMP supports the quality of life for South San Francisco residents by ensuring proper operation and management of the City’s sewer system, thereby protecting the public health and the environment. CONCLUSION Staff recommends that the City Council,by motion,adopt the attached Sanitary Sewer Management Plan to maintain compliance with SWRBC requirements.This plan guides the City’s program to maintain the sanitary sewer collection and conveyance system with the goal of minimizing the occurrence of sanitary sewer overflows. Attachments: 1)2019 Sanitary Sewer Management Plan (SSMP) City of South San Francisco Printed on 1/27/2020Page 2 of 2 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO SEWER SYSTEM MANAGEMENT PLAN (SSMP) November 2019 (Revised) Prepared by B.T.C.- Batis Training and Consulting 172 Randall Ave., Vacaville, CA. 95687 Revised by City of South San Francisco and Larry Walker Associates, Inc. Page intentionally left blank to facilitate double-sided printing i City of South San Francisco Sewer System Management Plan (SSMP) TABLE OF CONTENTS SECTION ………………………………………………………………………………………. PAGE Introduction ………………………………………………………………………………………. 1 System Overview ………………………………………………………………………………... 1 SSMP Background ……………………………………………………………………………… 1 Map of the City of South San Francisco Wastewater System ……………………………. 2 SSMP Development Plan and Implementation Schedule …………………………………... 2 Appendix A – Submitted SSMP Development Forms …………………………………......... 3 Element I – Goals ............................................................................................................ 4 I.1 SSMP Goals ………………………………………………………………………………….. 4 Element II – Organization .................................................................................................. 5 2.1 District Organization ……………………………………………………………………....... 5 Public Works Department Organization Structure …………………………………………… 5 2.2 Description of General Responsibilities of Public Works Personnel …………………... 6 Element III – Regulatory Requirements for Legal Authority ……………………………. 9 RWQCB Requirements …………………………………………………………………………. 9 SWRCB Requirements ………………………………………………………………………….. 9 Water Quality Control Ordinances ……………………………………… 9 Element IV – Measures and Activities ………………………………………………………. 10 4.1 Collection System Map ……………………………………………………………………… 10 4.2 Resources and Budget ……………………………………………………………………… 10 4.3 Prioritized Preventive Maintenance/Schedule Inspections/Condition Assessment …… 10 City of South San Francisco Sewer Cleaning Matrix …………………………………………. 13 City of South San Francisco Preventive Maintenance Scheduling Flow Chart ……………. 14 Element V – Design and Construction Standards ………………………………………… 18 5.1 Standard Drawings…………………………………………………………………………… 18 5.2 Standard Development Condition for Sanitary Sewer Improvements 18 5.3 Inspection and Rehabilitation of Private Sewer Laterals 18 D-1 Precast Manhole …………………………………………………………………………….. 19 SS-1 Sewer Laterals ……………………………………………………………………………… 20 SS-1 Sewer Lateral Cleanout ……………………………………………………………………. 21 SS-3 Sewer Lateral Replacement at Crossing ………………………………………………… 22 Element VI – Overflow Emergency Response Plan ………………………………………. 23 Sewer Overflow/Backup Response Summary …………………………………………………. 26 Receiving a Sewage Overflow/Backup Report ………………………………………………… 27 Element VII – Fats, Oils, and Grease Control Program …………………………………… 28 7.1 Introduction ……………………………………………………………………………………. 29 7.2 Legal Framework ……………………………………………………………………………… 29 7.3 Administrative Controls ………………………………………………………………………. 29 7.4 Inspection and Monitoring ……………………………………………………………………. 30 7.5 Outreach and Education ……………………………………………………………………… 31 7.6 Determination of Program Effectiveness……………………………………………………. 31 7.7 Elements of Progressive Enforcement Actions …………………………………………… 32 7.8 Administrative Citations ………………………………………………………………………. 34 FOG Pollution Prevention Activities ……………………………………………………………… 35 ii City of South San Francisco Sewer System Management Plan (SSMP) TABLE OF CONTENTS SECTION …………………………………………………………………………………… PAGE Element VIII – System Evaluation and Capacity Assurance Plan ........................... 36 Sewer Flows …………………………………………………………………………………. 36 Dry Weather Conditions ……………………………………………………………………. 36 Wet Weather Conditions …………………………………………………………………… 36 Future Flow Conditions …………………………………………………………………….. 37 Sewer System Evaluation …………………………………………………………………. 37 Capital Improvement Program ……………………………………………………………. 37 Element IX – Monitoring, Measurement and Program Modification ……………... 39 Monitoring Tracking Sheet ………………………………………………………………… 40 Performance Measures (2014-2018)…………………………………………………….. 41 Example of City GIS Mapping with 2013 SSO’s ………………………………………… 42 Element X – SSMP Program Audits …………………………………………………… 43 10.1 Regulatory for SSMP Audits ………………………………………………………… 43 10.2 The City of South San Francisco Audit Discussion ………………………………. 43 Audit Format ………………………………………………………………………………… 44 Element XI – Communication Program ……………………………………………….. 49 11.1 State WDR”s ………………………………………………………………………….. 49 11.2 Communication Program ……………………………………………………………. 49 Attachments: City of San Francisco Overflow Emergency Response Plan Minutes from September 2014 City Council approving the SSMP on Consent Calendar 1 City of South San Francisco Sewer System Management Plan Introduction System Overview The City of South San Francisco, California occupies the valley formed by the San Bruno Mountains on the north and the Coast Range on the west. Most of the valley faces the San Francisco Bay offering sweeping vistas from higher elevations and a definite sense of identification with the Bay. The site for South San Francisco, “The Industrial City,” was originally selected for the establishment of stockyards and as a marketplace for cattle. It was incorporated in 1908. Other industries followed over the years and the City has become a well-balanced community of industrial and residential areas. With approximately 2,250 acres of land devoted to manufacturing, wholesaling, transportation facilities, and utilities, the City is home to more than 3,200 firms and businesses. South San Francisco offers its 67,000 citizens’ fine residential areas, mild winters, dry/cool summers, and a variety of recreational activities with many local parks, swimming pools, and marinas. The City of South San Francisco maintains all of its Sewer/Storm system facilities and infrastructures. Secondary wastewater treatment is provided for the Cities of South San Francisco, San Bruno, and Colma along with the dechlorination treatment of chlorinated effluent for the cities of Burlingame, Millbrae, and the San Francisco International Airport prior to discharging the treated wastewater into San Francisco Bay. SSMP Regulatory Background This Sewer System Management Plan (SSMP) is required under the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (referred to as Statewide WDR or WDR) Order No. 2006-0003-DWQ, adopted by State Water Resources Control Board (SWRCB) in 2006 and subsequently amended in 2013 by Order No. WQ 2013-0058-EXEC. The WDR stipulates that the permitted, must develop and implement a Management Plan in order to reduce Sanitary Sewer Overflows (SSOs). Additionally, the Management Plan provides for the implementation of measures to ensure efficient and effective response to overflows, and source control measures to minimize the introduction of grease and oils, and other materials that may cause blockages. The SWRCB developed the WDR to promote uniformity in the management of California’s collection system management that will benefit water quality and prolong the life of sanitary sewer systems. The SWRCB may regulate sanitary sewer overflows based on authority in the Federal Clean Water Act (EPA 2002) and the Porter-Cologne Water Quality Control Act, Section 13263 (California Water Code of Regulation 2006. The WDR under Section D.13.x states that SSMP program audits must occur bi-annually (minimum) and that a report must be prepared and kept on file. In addition, the SSMP must be updated every 5 years. Compliance with the Statewide WDR means the components of this plan, must be presented and certified by the City of South San Francisco’s City Council. The City’s SSMP was approved by the City Council in August 2008 and re-certified September 2014. The respective City Council resolutions are attached. The SSMP is a living document, intended to be routinely updated and amended as required, for best management of the Collection System. 2 Figure 1 - Location map showing City of South San Francisco Wastewater System The SSMP includes 11 elements, as follows: I. SSMP Goals II. Organization III. Legal Authority IV. Measures and Activities V. Design and Construction Standards VI. Overflow Emergency Response Plan VII. Fats, Oils, and Grease Control Program VIII. System Evaluation and Capacity Assurance Plan IX. Monitoring, Measurement, and Program Modifications X. SSMP Program Audits XI. Communication Program SSMP Development Plan and Implementation Schedule The City of South San Francisco’s SSMP Development Plan and Implementation Schedule was designed to address each mandated element of the SSMP and in accordance with the specified deadlines required in the WDRs. The SSMP Development forms have been submitted accordingly to meet WDR deadlines (See table below). 3 Submitted SSMP Development Forms Form Name Form Type Completion Date Notification Form to Indicate Receipt of Letter Requiring the Development of an SSMP SSMP Form A *First Submitted 8/31/05 *Revised June 2014 First Set of SSMP Elements Goals Organization Emergency Response Plan FOG Control Program SSMP Form B-1 * First Submitted 8/31/06 *Revised June 2014 Second Set of SSMP Elements Legal Authority Measures & Activities Design & Construction Standards SSMP Form B-2 * First Submitted 8/30/07 *Revised June 2014 Third Set of SSMP Elements Capacity Management Monitoring, Measurement, and Program Modifications SSMP Audits SSMP Form B-3 * First Submitted 8/27/08 *Revised June 2014 4 Element I – Goals The purpose of the SSMP is to provide a plan and schedule to manage, operate, and maintain all parts of the sanitary sewer system. The primary objective of this Plan is to eliminate sanitary sewer overflows. The City has developed goals to reduce the frequency of sanitary sewer overflows and mitigate any SSOs that occur. The City seeks to provide high quality and cost-effective wastewater collection for its constituents by meeting these goals. The City of South San Francisco is committed to providing the resources necessary to maintain the sewer collection system and to implement this SSMP. 1.1 SSMP Goals The following goals are herewith established by this SSMP: Properly manage and operate the City facilities to minimize SSOs. Implement regular, proactive maintenance of the system to remove roots, debris, and fats, oils and grease in areas prone to blockages that may cause sewer backups or SSOs. Provide adequate capacity to convey peak wastewater flows. Protect public health and safety. Perform all activities in accordance with established safety policies and practices. Protection of the bay waters and tributaries within the City’s service area. Retain qualified employees who are well trained and certified in Collection System Maintenance. Uphold City’s standards and specifications on newly constructed public and private sewers. Preserve the City’s capital investment in the sanitary sewer system to assure maximum system service life. 5 Element II – Organization The intent of this section of the SSMP is to identify City staff responsible for implementing this SSMP, responding to SSO events, and meeting the SSO reporting requirements. This section also includes the designation of the Authorized Representative to meet SWRCB and WDR requirements for completing and certifying spill reports. 2.1 City Organization The City of South San Francisco is governed by a five (5) member City Council elected at large. Under the general direction of the City Manager the daily management of the sewer system is carried out by the Public Works Director/City Engineer and Public Works Program Manager who oversees the Public Works staff. Figure 1a below illustrates the City’s organizational structure. Figure 1a – Public Works Department Organization Structure 6 2.2 Description of General Responsibilities of Public Works Personnel Director of Public Works/Engineer The Director of Public Works/Engineer is responsible for comprehensively planning, organizing, staffing, directing, controlling, reviewing and evaluating the activities of the department including streets, and fleet maintenance, as well as construction inspection, and water quality control plant operations; and does related work as assigned. The Director of Public Works is also a Legal Responsible Official (LRO). Under administrative direction, the City Engineer plans, directs, and manages the engineering division in connection with engineering design, construction, inspection, parking and traffic operations of public works projects and the Capital Improvement Program. The Public Works/City Engineer also a Legally Responsible Official. Deputy Director of Public Works Deputy Director of Public Works uses operational decision making in the direction and coordination of assigned divisions within the Public Works Department; coordinates assigned division activities with other divisions and departments; develops and implements policies, goals and objectives and ensures compliance with applicable laws, ordinances and regulations. The Deputy Director is also a Legally Responsible Official. Public Works Program Manager The Program Manager of Public Works manages the activities and programs of the Public Works divisions; plans, organizes, and reviews the efficiency of the Wastewater Collection System and Public Works Maintenance functions; and does related work as required. The Program Manager of Public Works is also a Legally Responsible Official. Administrative Assistant (I/II) The Administrative Assistant provides varied, complex, and confidential office administrative and secretarial support to a department head and related management, professional, and supervisory staff; the classification also provides office administrative support to the City Manager’s Office; and does related work as required. Management Analyst II The Management Analyst II provides administrative, program, project, and budgetary support to a department; plans, develops, and carries out specific programmatic responsibilities related to the department to which assigned; analyzes departmental practices and procedures and makes recommendations for administrative and operational improvements; represents the department and the City in variety of meetings and presentations; and performs other duties assigned. Senior Civil Engineer The Senior Civil Engineer performs advanced professional engineering assignments on a wide range of municipal projects of a complex nature, including civil, sanitary, traffic, and other municipal public works, maintenance, and construction projects; serves as project manager on a variety of projects; supervises staff performing design, inspection, and surveying duties; and assists in the administration and supervision of the division. The Senior Civil Engineer is also a Legally Responsible Official. Associate Civil Engineer Under general direction, the Associate Civil Engineer performs difficult professional engineering work in the design and construction of public works, including sanitary, traffic, and mechanical projects; leads and trains lower-level engineering staff on assigned projects; and does related work as required. 7 Public Works Inspector The Public Works Inspector inspects and participates in all phases of construction projects to ensure conformance with approved plans, specifications and departmental regulations; maintain records and prepares reports pertaining to projects inspected; and performs other related duties as assigned. Maintenance Supervisor Maintenance Supervisor performs responsible professional and technical work in promoting, organizing, and supervising a comprehensive maintenance program within Public Works; organizes, schedules, and supervises the work of employees engaged in work; and does related work as assigned. The Maintenance Supervisor is also a Legally Responsible Official. Lead Public Works Maintenance Worker The Lead Public Works Maintenance Worker leads a crew and personally performs a variety of semiskilled and skilled tasks involved in the construction, maintenance, and repair of streets, sewers, storm drains, and related public works installations; participates in the more complex public works construction and repair work. The Lead Public Works Maintenance Worker is also a Data Submitter. Senior Public Works Maintenance Worker The Senior Public Works Maintenance Worker performs a variety of semi-skilled and skilled tasks in the construction, maintenance, and repair of streets, sewer mains, drainage structures, and related public infrastructure; operates light and moderately heavy power-driven equipment; leads and assists a small crew in carrying out assigned duties. The Senior Public Works Maintenance Worker is also a Data Submitter. Public Works Maintenance Worker The Public Works Maintenance Worker performs unskilled and semi-skilled tasks in the maintenance and construction of streets, sewers, storm drains, related public works installations; may provide limited direction to less experienced employees or to temporary and seasonal workers. The Public Works Maintenance Worker is also a Data Submitter. Equipment Operator The Equipment Operator operates a variety of construction and power-driven equipment including, but not limited to, graders, loaders, rollers, bobcats, water wagons, and backhoes; and performs related duties as assigned. The Equipment Operator is also a Data Submitter. WQCP Plant Superintendent This classification has full supervisory responsibility for lift/or pump stations and Water Quality Plant (WQCP) maintenance. The classification has full administrative and fiscal responsibility for specific programs and/or projects; The incumbent performs professional level activities and the considerable latitude for independent decisions making in choosing methods of developing and implementing approved procedures. The WQCP Plant Supervisor is also a Legally Responsible Official. Lead Plant Mechanic The Lead Plant Mechanic organizes, leads, and personally assists a crew in performing a variety of semi-skilled and skilled mechanical maintenance and repair on a water quality control plant and pump station equipment and facilities. 8 Plant Mechanic (I/II) The Plant Mechanic performs a variety of semi-skilled and skilled mechanical maintenance and repair work on water quality control plant and pumping station equipment and facilities; and performs related work as required. Environmental Compliance Supervisor This classification is distinguished from all other technical level classifications through its responsibility for the supervision of treatment plant environmental compliance programs. Environmental Compliance Inspector (I/II) The Environmental Compliance Inspectors performs technical tasks in the inspection of industrial and commercial discharges to the sewer system for compliance with applicable laws and ordinances; performs chemical analyses, and coordinates the testing of individual waste samples with laboratory. 9 Element III – Regulatory Requirements for Legal Authority The requirements for the Legal Authority of the SSMP are summarized below: Regional Water Quality Control Board (RWQCB) Requirements The City must demonstrate that it has the legal authority (through ordinances, service agreements, and other binding procedures) to control infiltration and inflow (I/I) from satellite collection systems and private service laterals; require proper design, construction, installation, testing, and inspection of new and rehabilitated sewers and laterals; and enforce violations of ordinances. The SSMP should describe specific applicable legal mechanisms, with citations indicating the names and code numbers of ordinances. If legal authority does not currently exist for a required element, the SSMP should indicate a schedule of activities to obtain the proper legal authority. State Water Resources Board (SWRCB) Requirements The City must demonstrate, through collection system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: a) Prevent illicit discharges into its wastewater collection system (examples may include infiltration and inflow (I/I), storm water, chemical dumping, unauthorized debris and cut roots, etc.)’ b) Require that sewers and connections be properly designed and constructed; c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and e) Enforce any violation of its sewer ordinances. Water Quality Control Ordinance Chapters 14.14 and 14.08 City Municipal Code Chapter 14.14 Sewer Lateral Construction, Maintenance and Inspection ensures that the operation and maintenance of the city’s sewer system in a reliable and serviceable condition; eliminates or minimizes sanitary sewer overflows by eliminating or minimizing stoppages and reducing sources of inflow and infiltration into the city’s sewer system, complies with applicable legal requirements pertaining to the city’s sewer system, and protects the public health and safety by establishing and providing a mechanism for enforcing performance standards for private sewer laterals that connect or are connected to a public sewer main. Further, City Municipal Code Chapter 14.08 Water Quality Control sets forth uniform requirements for direct and indirect contributors into the city sewer system and enables the City to comply with all applicable State of California laws (Water Code Section 1300 et seq.) and federal laws required by the Clean Water Act of 1977 (33 U.S.C. Section 1251 et sew.) and the General Pretreatment Regulations (40 CRF, Part 403). The full text of the Municipal Code is available at http://qcode.us/codes/southsanfrancisco/. 10 Element IV- Measures and Activities Operations and Maintenance This section of the SSMP discusses the City’s operations, maintenance and other related measures and activities. 4.1 Collection System Map The City has developed an up-to-date GIS database and maps of its wastewater collection system. The majority of the existing wastewater collection system has been mapped and data collection for asset management. Maps of the wastewater service areas and collection systems are shown in Figure 1 of this document. The City has field map books as well as maps of the sewer and storm drain systems in Geographic Information System (GIS) electronic format. The field maps are based on information collected in the field that, once reviewed by the Program Manager for approval, is forwarded to the Information System (IT) Specialist for updating City’s GIS files. The sewer system GIS contains collection system data, including pipe upstream and downstream manholes, pipe diameter, pipe material, pipe length, pipe slope, and location (street or easement). The GIS database files were originally created from field data collections, as-built drawings, and a Computerized Maintenance Management System (CMMS) utilizing Cityworks software to manage both physical infrastructure and land-focused asset management. Our CMMS tracks maintenance activities, service request, work orders, SSOs history, sewer line cleaning, sewer line and manhole spot repairs, sewer line Closed Circuit Television (CCTV) inspections, gravity and force main infrastructure, sewer line rehabilitation and replacement projects, GIS, and Micro Soft Applications (Excel, Work, Access). In addition, pump station condition assessments and repair projects and all operations and maintenance are managed with MP2 Maintenance Software and Microsoft Applications. Pump station attributes and Standard Operating Procedures (SOPs) are housed in the City’s GIS mapping system and monitoring is performed by SCADA (Supervisory Control and Data Acquisition System). When errors are discovered on the maps, the error is noted on a printed copy of the Field book map page and a work order is generated. Pages with errors are reported to the Public Works Program Manager and all updates are made to the GIS and field map books. 4.2 Resources and Budget The City of South San Francisco funds sewer system services, including operations, maintenance, and capital projects, through a sewer enterprise fund. This fund is structured as follows; 1. Non-Major Governmental Funds: East of 101 Sewer Impact Fee Fund – Accounts for fees paid by developers used to fund capital expenditures that improve the sewer infrastructure in the areas where new business development has shown a need for an improved sewer system. 2. Major Government Funds: Capital Improvement Fund – Accounts for revenues and expenditures associated with the acquisition, construction, or improvement of City owned facilities and infrastructure. Funding comes from the General Fund, Special Revenue Funds, grants and fees. 3. Proprietary Funds: Sewer Enterprise Fund – Accounts for user charges supporting the operation, maintenance, and capital renovation of the wastewater collection and treatment system. The City co-owns and operates a regional treatment plant with the City of San Bruno. 4. Non – Major Proprietary Funds: Sewer Capacity Charge Fund – Accounts for revenues paid by users for first time connections to the sewer system or by users who increase their sanitary sewage use through facility expansion. Charges are generally paid when building permits are issued. 4.3 Prioritized Preventive Maintenance/Schedule Inspections/Condition Assessment The collection system for the City of South San Francisco has been maintained on a routine cleaning schedule for all sewer line segments for decades. More recently, with the advent and implementation 11 of new software, those schedules are better defined. During normal daily cleaning operations, staff collects data which is downloaded into our CMMS, Cityworks and then reviewed by the Public Works Program Manager. This CMMS tracks maintenance activities, service requests, work orders, sanitary sewer overflow history, sewer line cleaning, sewer line and manhole spot repairs, sewer line CCTV inspections, gravity and force mains, and sewer line rehabilitation and replacement projects. Segments which are more problematic receive greater attention. Although the City has always maintained quarterly, 6-month, and annual jet cleaning schedules for “Hot Spots”, this system has been improved and refined as described below. Our Hot Spot Cleaning Work Plan (HSCWP) consists of identifying system pipeline problems and incorporating the best methodology to prevent any sanitary sewer overflows. The main purpose of the City’s preventive maintenance sewer cleaning and HSCWP program is maintaining adequate hydraulic capacity of the sewer system. This permits the system to operate at the intended design flow, without restrictions or debris accumulation which could result in a stoppage, sanitary sewer overflow or backup. In addition to enhancing performance of the system, a well-defined preventive and proactive sewer maintenance program has assisted our agency’s asset management program by: • Lowering operation & maintenance costs • Extending the useful life of the gravity sewer system • Lowering repair, rehabilitation, and replacement costs Our sewer cleaning is performed on a regularly scheduled basis. However, unless the cleaning schedule is adjusted to take into account the actual conditions in various parts of the collection system pipelines, routine cleaning can result in over or under maintenance of the system. In our wastewater collection systems, some sections do not require frequent cleaning, while other sections susceptible to blockages may require more frequent cleaning. Our wastewater collection system has preventive maintenance sewer cleaning in place and an HSCWP program based on the actual condition of the sewer line segments and observations made by the cleaning crews during cleaning events. For example, information obtained during CCTV inspections of sewer line segments is used to help identify defects and chronic problem areas in the gravity sewer. Cleaning is either scheduled or unscheduled. Scheduled cleaning is preventive and proactive cleaning since it is done on a preventive basis to remove material prior to a stoppage occurring. Our scheduled maintenance program is based on a calendar time frequency, usually based on historical data. Additional cleaning may be required as-needed in cases where predictive information such as previous history; inspection data; pipe age, material, and slope; or other information indicates a need for more frequent sewer cleaning. This approach tends to minimize the cleaning of an already clean main line. All attributes such as pipe age, pipe material, and stoppages are provided on maps for use as a planning and scheduling tool. As seen in the attached spreadsheets, the quarterly, 6-month and yearly schedules are done at specific locations for the following reasons: Quarterly For lines which have had recent history involving blockages and areas that are susceptible to abuse from commercial lateral lines. In the event of these lines not being cleaned (jetting, rodding, etc.) within every 5 to 6 months, blockages would re-occur. Also included in this group are structural problems awaiting final repair. 6-Month Schedule For lines which have history of blockages due to tree roots and also those that have transitioned from the quarterly schedule that contain low flow lines tending to allow sediment to settle out and that require additional flow. Yearly Schedule For lines which are in transition back to the routine schedule. 12 Unscheduled cleaning is usually the result of a reported stoppage and is therefore reactive. Normally, this type of cleaning is done on an emergency basis to clear a stoppage, restore pipe capacity to full flow, or relieve a sewer surcharging situation that has caused an overflow or a backup into private properties. Sewer line segments in the City’s routine and hot spot cleaning programs are programmed into the Cityworks program. The City uses the Cityworks program to generate sewer cleaning work orders for the cleaning crews. A sample of the type of information is provided as Figure 2 below. Figure 2 – Sample Cityworks Screen Showing City 13 Line segments found to be in need of more frequent cleaning based on observations made by the City’s sewer cleaning crews are scheduled for more frequent cleaning in the year consistent with the need determined by the Program Manager in accordance with the following sewer cleaning matrix. These categories are used as a guide in assessing the maintenance conditions of locations throughout the City. Figure 3 – Sewer Cleaning Matrix CLEAR LIGHT MODERATE HEAVY DEBRIS No observable debris Minor amount of debris *J-1 pass Moderate amounts of debris *J-2 pass *Significant amounts of debris *J-3 pass *CCTV Condition Assessment GREASE No observable grease Minor amounts of grease *J-1 pass Small "chunks" No "logs" *J-2 pass *Big "chunks" or "logs" *J-3 pass *CCTV Condition Assessment *Directed to Environmental Enforcement Inspector ROOTS No observable roots Minor amounts of roots *J-1 pass Thin stringy roots No "clumps" *J-2 pass *Thick roots *Large "clumps" *CCTV Condition Assessment *Chemical Root Control *Repair or replace *CIP review DEBRIS: Structural pipe fragments, soil, rock, etc. No observable materials Specify material (if possible) Minor amounts of material Specify material Moderate amounts of material per line segment Specify material *Significant amounts of material per line segment. *CCTV Condition Assessment *CIP review ACTION Decrease frequency to next lower frequency after 3 consecutive results (e.g. 6 months to 12 months) Continue current maintenance frequency Increase maintenance frequency as necessary (e.g. 6 months to 3 months, or more frequently if necessary) Increase maintenance frequency as necessary (e.g. 6 months to 3 months or more frequently if necessary) 14 CITY OF SOUTH SAN FRANCISCO PREVENTIVE MAINTENANCE SCHEDULING FLOW CHART Decide Frequency and Method Complete Action *CCTV Inspect *FOG Control *Maint. Access *Root Control *Chemical *Repair *Rehabilitate *Replace *CIP Continue Scheduled Maintenance Until Corrective Action complete Review Results and History: *Prior Results *Prior Frequency *Prior SSO’s *Corrective Actions Report Results Clean Sewer And Action Needed? No Set Initial Frequency and Method 15 Changes in cleaning frequency based upon cleaning results shall be as follows: (a) No reduction in cleaning frequency shall be made in a Sewer Line Segment with a previous history of SSOs without the approval of the Public Works Supervisor. (b) Three (3) consecutive results of “clear” will cause the cleaning frequency to be reduced to the next lower cleaning frequency; (c) Results of “moderate” to “heavy” will cause the cleaning frequency to be increased to the next highest frequency, if any, if the Sewer Line Segment is already part of the Hot Spot Cleaning Program. Main Sewer Line Segments shall be added to the Hot Spot Cleaning Program based on the findings from any CCTV Condition Assessment using the City’s system of Defect Codes and Ratings. Any Sewer Line Segments with a condition assessment rating of “Medium” or “Heavy” for roots, grease, or debris will be added to the Hot Spot Cleaning Program. A Sewer Line Segment with a condition assessment rating of “Medium” for roots, grease or debris will be added at a six (6) months cleaning frequency. A Sewer Line Segment with a condition assessment rating of “Heavy” for roots, grease, or debris will be added at a three (3) months cleaning frequency. A quality assurance/quality control program (“QA/QC Program”) is utilized to spot-check the cleaning quality in a minimum of two (2) Sewer Line Segments of the cleaned sewer on a monthly basis using our CCTV to ensure adequate cleaning. If the cleaning is found to be inadequate, the Sewer Line Segment will be re-cleaned within thirty (30) days. If one (1) of the spot-checked Sewer Line Segments requires re-cleaning in any given month, the spot-checking of the system will be increased to five Sewer Line Segments of sewer lines cleaned. Where spot-checking of the system has increased to five Sewer Line Segments no reduction in spot checking will occur until three (3) consecutive months of re-cleaning was required of any of the Sewer Line Segments inspected. If a required inspection frequency increase is prompted by cleaning problems attributed to a single crew, the increased inspection schedule will only apply to that crew. If routine sewer cleaning or hot spot cleaning of a Sewer Line Segment or areas cannot be properly accomplished due to the sewer line’s condition or access limitations, the condition of the segment shall be considered failing, and placed into the Spot Repair Program and replaced/repaired. That segment will be repaired within one hundred twenty (120) days of discovery of the sewer defect, or in the event a permit or permission from a third party is required to repair the Sewer Line Segment, within one hundred twenty (120) days of obtaining the necessary permits or permission. The Sewer Line Segment shall be repaired in a manner sufficient to allow that segment or area to be effectively cleaned. Manhole Inspection As part of the focused and cyclic cleaning programs, City maintenance staff visually inspects manholes for corrosion, debris or damage around the base, cracks or holes, and condition of manhole steps. Manhole inspection data is collected with GPS devices and recorded in our CMMS and GIS mapping system. Pipeline Inspection The Public Works Department owns a mainline CCTV system with mini service lateral camera for performing CCTV inspections. Priority is given to those lines that have had historical problems or have recently backed up. Results of the CCTV inspections are used to determine low, medium, and high areas of concern within the collection system, increase cleaning efforts and develop CIP’s to correct the areas of concern where practical. The City has captured approximately 65% of the system with the goal of completing inspections of the entire systems in the next five years (2024). 16 Investigation of Customer Complaints The City responds to customer complaints about sewer service. Complaints are generally related to sewer stoppages, overflows, or odors. Response is performed by the collection system staff during work hours and the standby worker during after-hours. Response includes assessing the complaint and resolving the problem. The majority of the complaints are related to stoppages. During work hours, a cleaning crew is diverted to remove stoppages. Most of the stoppages occur in laterals. Although crews respond to all stoppage complaints, they are not responsible for clearing stoppages in laterals located on private property. The City’s initial response time goal is 30 minutes. During non- work hours, the City has staff on standby to address complaints. Pump Station Condition Assessments City sewage pump stations are inspected daily (Monday – Friday) for operational capability. All required preventative maintenance activities are scheduled and tracked using eRPortal Computer Maintenance Management System software. Other unscheduled maintenance is tracked using employee generated work orders. All 13 Sewage pump stations are monitored by radio telemetry/SCADA and a phone alarm dialer pager systems with communicates with the City’s Water Quality Control Plant. Pump Stations Data is as follows: Year of Construction - All new information or system changes will be entered into our CMMS as needed/or on the regular basics. Status of Mechanical and Electrical Components - Equipment Status is listed in the Pump Station Inspection Logs and on SCADA Spare Parts Inventory - A Spare Parts Inventory is being generated and will be an ongoing process. Availability of backup power and pumping capabilities - This information is available at each pump station and also noted in the current pump station Standard Operating Procedures (SOP). Wet Well Storage Capacity - Information is on file in current pump station (SOP). Average and Peak Flow - Not all pump stations have flow meters installed - Calculated flow data are taken from motor run hours on pump stations with fixed speed pumps and pump/wet well draw down testing and other methodology for testing pumping effectives. Maintenance and Repair History - Information is available in our CMMS system. All the Preventative Maintenance Work Orders and employee generated work orders activities are tracked and stored in our CMMS. Any known structural defects are noted and scheduled for corrective action. Pump Station Preventive Maintenance/Inspections The City's Pump Stations are inspected daily (Mon - Fri) and continuously monitored at the Water Quality Control Plant via SCADA and a phone alarm dialer pager system. All pumps at each pump station are tested on a routine basis for functionality and pump capacity. Water Quality Control Plant maintenance staff performs daily, weekly, monthly, quarterly, semi-annually, and annually inspections on all pump stations. The City’s maintenance program consists of Preventative Maintenance Work Orders, Employee Generated Repair Work Orders, Daily Inspection Logs, Standby Power Generator Logs, and Motor Run Hour Logs. Pump Stations SOPs are reviewed for accuracy and completeness. Force Mains are periodically tested for capacity using the maximum pumping capabilities of their associated pump stations. Training City field crews are trained on a regular basis on use of the sewer cleaning equipment, methods for flushing the sewer system, work safety, permitting requirements and emergency response procedures. General tailgate safety meetings are held weekly. Updates regarding the sewer system are generally announced at these meetings. The City has staff that holds certifications in the following 17 areas: Pipeline Assessment Certification Program (PACP), NPDES National Inspector Certification, California Water Environmental Association (CWEA) Collection System Maintenance Grade I through IV, Environmental Compliance Inspector Grade I through IV, Mechanical Technologist Grade I through IV and Laboratory Analyst Grade I through 4. The City budgets for training its sewer maintenance staff each year, and the Maintenance Division has an extensive training program and will continue to review its training program to meet the demands of maintaining the sewer system. The City encourages sewer staff to become CWEA- certified providing training opportunities to enable all sewer maintenance staff to become and remain certified is a goal of the City. The City assists with certification by paying for preparation courses, certification exams, and required continuing education. The City also provides training tapes and manuals for employees for both work and home study. As nearly all of the City’s current sewer maintenance staff are certified, the current focus is on continuing education to maintain certification. The City is using numerous outside programs, as well as providing in-house and on-the-job training for sewer maintenance crews. Training programs and resources utilized by the City are listed below: • State Water Resources Control Board • Safety Compliance Management Inc. • CWEA (California Water Environmental Association). • ABAG (Association of Bay Area Governments). • APWA (American Public Works Association). • Maintenance Superintendent Association • Vendor sponsored training • B.T.C. – Batis Training and Consulting • In-house training by Program Manager and lead worker • Safety tailgate meetings by experienced staff or vendors For in-house training the City uses the Operation and Maintenance of Wastewater Collection Systems (Office of Drinking Water Programs, Sacramento, CA). All field training is supervised by an experienced certified operator. New employees and operators work with an experienced senior operator until they can demonstrate competency in each skill set. Though the training listed is mainly for the maintenance crews, occasionally the training sessions are attended by the engineering crews, occasionally the training sessions are attended by the engineering staff as well. 18 Element V – Design and Construction Standards 5.1 Standards for Public Improvements January 2009, City of South San Francisco Drawings. See following pages for drawings of Precast Manhole (Drawing No. D-1), Sewer Laterals (Drawing No. SS-1), Sewer Lateral Cleanout (SS-2), and Sewer Lateral Replacement at Crossing (Drawing No. SS- 3). 5.2 City of South San Francisco Standard Development Conditions Sanitary Services Sanitary Sewer Improvements SANITARY SEWERS A. The on-site sanitary sewer system shall not be dedicated to the City for maintenance. The sanitary sewer facilities within the subdivision shall be repaired and maintained by the Homeowner’s Association. B. The on-site sanitary sewer system shall be designed and installed in accordance with the Uniform Plumbing Code, as amended and adopted by the City, and in accordance with the requirements of the South San Francisco Building Division. SANITARY SEWER IMPROVEMENTS A. New sanitary sewers and manholes shall be installed within public streets in accordance with plans prepared by the sub divider’s civil engineer, as approved by the City Engineer, to accommodate the new sewage flow from the new subdivision and fully improved existing upstream developments (where applicable). B. Each dwelling shall be separately connected to individual private sewer laterals discharging into the proposed public sewer system within a public street or public sewer easement. 5.3 Inspection and Rehabilitation of Private Sewer Lateral In many local jurisdictions, the maintenance of the sewer lateral, up to and including the connection to the sewer main, is the responsibility of the private property owner, while the local jurisdiction is responsible for maintenance of the sewer main. The California Plumbing Code, 2001 Edition, published by the International Association of Plumbing and Mechanical Officials, as modified by the amendments, additions and deletions set forth in this chapter, is adopted by reference as the plumbing code of the City of South San Francisco, and may be cited as such (Ord. 1331 2 (part), 2004). 19 D-1 Precast Manhole 20 SS-1 Sewer Laterals 21 SS-2 Sewer Lateral Cleanout 22 SS-3 Sewer Lateral Replacement at Crossing 23 Element VI – Overflow Emergency Response Plan INTRODUCTION The information included herein is only a brief summary of the City’s Overflow Emergency Response Plan (OERP), a separate document. The OERP was developed in December 2013 and updated November 2019. The full document is included as an attachment to the SSMP. PURPOSE The purpose of OERP is to ensure that City personnel follow established guidelines in responding to, reporting, relieving, cleaning and decontaminating sanitary sewer overflows and backups which may occur within the City service area in order to safeguard public health and the environment. The OERP was updated and revised April 2014 to meet the new SWRCB and WDR requirements. The plan was subsequently updated in November 2019 to organize information relevant to water quality monitoring under one document – the Water Quality Management Plan (see Section 6.8 of the attached OERP). POLICY The City’s employees are required to report all wastewater overflows found and to take the appropriate action to secure the wastewater overflow area, properly report to the appropriate regulatory agencies, relieve the cause of the overflow, and ensure that the affected area is cleaned as soon as possible to minimize health hazards to the public and protect the environment. The City’s goal is to respond to sewer system overflows as soon as possible following notification. The City will follow reporting procedures in regards to sewer spills as set forth by the SWRCB and the San Francisco Regional Water Quality Control Board (SFRWQCB). SEWER BACKUP INTO/ONTO PRIVATE PROPERTY CLAIMS HANDLING POLICY It is the Policy of the City that a claims form shall be offered to anyone wishing to file a claim. The following procedures will be observed for all sewer backup into/onto private property claims: 1. City staff will offer a City claim form where it is possible that the sanitary sewer backup may have resulted from an apparent blockage in the City-owned sewer lines or whenever a City customer requests a claim form. The claim may later be rejected if subsequent investigations into the cause of the loss indicate the City was not at fault. The claim will be processed pursuant to City procedures. 2. It is the responsibility of City staff to gather information regarding the incident and notify the Finance Department or their designee. 3. It is the responsibility of the Finance Department or their designee to review all claims and to oversee the adjustment and administration of the claim to closure. AUTHORITY Health & Safety Code Sections 5410-5416 CA Water Code Section 13271 Fish & Game Code Sections 5650-5656 State Water Resources Control Board Order No. 2006-0003-DWQ Order No. WQ-2013-0058-EXEC DEFINITIONS AS USED IN THIS SANITARY SEWER OVERFLOW & BACKUP RESPONSE PLAN Nuisance - California Water Code section 13050, subdivision (m), defines nuisance as anything which meets all of the following requirements: a. is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. Private Lateral Sewage Discharges – Sewage discharges that are caused by blockages or other problems within a privately owned lateral. 24 Sanitary Sewer Overflow (SSO) - Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include: (i) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system. NOTE: Wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned are not SSOs. SSO Categories - Category 1: Discharge of untreated or partially treated wastewater of any volume resulting from the City’s sanitary sewer system failure or flow condition. • Reach surface water and/or reach a drainage channel tributary to a surface water; or • Reach a Municipal Separate Storm Sewer System (MS4) and are not fully captured and returned to the sanitary sewer system or not otherwise captured and disposed of properly. Any volume of wastewater not recovered from the MS4 is considered to have reached surface water unless the storm drain system discharges to a dedicated storm water groundwater infiltration basin (e.g., infiltration pit, percolation pond). Category 2: Discharges of untreated or partially treated wastewater of 1,000 gallons or greater resulting from the City’s sanitary sewer system failure or flow condition that do not reach surface water, a drainage channel, or a MS4 unless the entire SSO discharged to the storm drain system is fully recovered and disposed of properly. Category 3: All other discharges of untreated or partially treated wastewater resulting from the City’s sanitary sewer system failure or flow condition. Private Lateral Sewage Discharge (PLSD): Discharge of untreated wastewater resulting from blockages or other problems within a privately-owned sewer lateral connected to the City’s sanitary sewer system or from other private sewer assets. PLSDs that the City becomes aware of may be voluntarily reported to the California Integrated Water Quality System (CIWQS) Online SSO Database. Sanitary sewer system Any system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary storage facilities are not considered to be SSOs. Unauthorized discharge Title 23 California Code of Regulations Section 2250 (b) states that an unauthorized discharge is defined to be a discharge, not regulated by waste discharge requirements, of treated, partially treated, or untreated wastewater resulting from the intentional or unintentional diversion of wastewater from a collection, treatment or disposal system. For the purposes of this Plan and in accordance with SFRWQCB letter May 1, 2008 File No. 1210.57 (RS and MC), Unauthorized Discharges shall refer to those that occur at the City wastewater treatment plant facilities. Unauthorized discharges can include such discharges as untreated wastewater, partially treated wastewater, fully treated wastewater to an unauthorized location, oil spills, and spills of hazardous waste. 25 Untreated or partially treated wastewater Any volume of waste discharged from the sanitary sewer system upstream of a wastewater treatment plant headworks. 26 Sewer Crew performs the following: Follow the instructions on the Sanitary Sewer Overflow Packet: - Notify Program Manager or designee of the incident - Relieve blockage and clean impacted areas - Forward the completed Sanitary Sewer Overflow packet to the Program Manager or designee - Program Manager or designee: *Perform required regulatory reporting in accordance with the Regulatory Notification Packet (inside the Sewer Overflow Packet) START HERE: Receive notification of Overflow/ Backup or Unauthorized Discharge Has the overflow impacted private property? NO Is it possible that the overflow/backup is due to a failure in the City-owned/maintained sewer line? YES YES Sewer Crew performs the following: Follow the instructions on the Sanitary Sewer Backup Packet: - Notify Program Manager or designee of the incident - Relieve blockage and clean impacted areas outside the private structure - Provide the Customer the Customer Service Packet - Forward the complete Sanitary Sewer Backup Packet to the Program Manager or designee: - Program Manager or designee: *Perform required regulatory reporting in accordance with the Regulatory Notifications Packet (inside the Sewer Backup Packet). *Notify Finance Department of Incident. Sewer Crew performs the following: Follow the instructions on the Sanitary Sewer Backup Packet: If customer is not home: - Complete Door Hanger and leave on customer’s door If customer is home: 1. Explain to customer that the blockage is in their lateral and that the City does not have the legal authority to maintain or perform work on privately-owned laterals. 2. Recommend to customer they hire a contractor to clear their line. 3. Give customer the Sewer Spill Reference Guide pamphlet. NO Finance Department or Designee performs the following: 1. Review incident reports, claim form and other incident information and forward, as appropriate, to: ABAG Plan Corporation Claims Examiner P.O. Box 2050 Oakland, CA 94604-2050 Telephone: (510) 464-7946 Fax: (510) 464-7989 2. Communicate with claimant as appropriate 3. Communicate with ABAG Plan to adjust and administer the claim to closure. Sewer Overflow / Backup Response Summary 27 Receiving a Sewage Overflow / Backup Report Business Hours Telephone Operator (650) 877-8550 Corp Yard Administration: • Receives Call • Gather caller’s name, address of the problem and call back number • Notifies the Division Lead or the Program Manager Forward request to or contact: On-Call Cell #1: (650) 333-2265 Cell #2 (650) 333-2266 Cell #2: 650.333.2266 On-Call Sewer Crew: Contact customer reporting the problem. A Sewer Crew will be dispatched to the scene and will complete the Sanitary Sewer Overflow Response Packet. 1. Provide Customer with the contact info for the responsible Agency. 2. Then notify the responsible Agency. WHAT TO TELL THE CUSTOMER (See Field Guide for tips) Clearly communicate who will respond, estimated time they will arrive and what area(s) will need to be accessed. Clearly communicate that a blockage in the sewer main line will be promptly cleared, but that the City is not allowed to work on a blockage in the property owner’s/resident’s service lateral line. Use general terms that the caller can understand, and give the caller your name for future reference. Show concern and empathy for the property owner/resident, but do not admit or deny liability. Instruct the caller to turn off any appliances that use water and to shut off any faucets inside the home. Instruct the caller to keep all family members and pets away from the affected area. Instruct the caller to place towels, rags, blankets, etc. between areas that have been affected and areas that have not been affected. Instruct the caller to not remove contaminated items – let the professionals do this. Instruct the caller to turn off their HVAC System. Instruct the caller to move any uncontaminated property away from impacted areas. Is the overflow/backup in the service area? NO YES INSIDE OUTSIDE Is the spill inside the building or outside? Receive notification of Overflow / Backup Non-Business Hours Police Dispatcher (650) 873-3333 28 Element VII- Fats, Oils, and Grease Control Program 7.1 INTRODUCTION THE CITY OF SOUTH SAN FRANCISCO’S FATS, OILS AND GREASE (FOG) PROGRAM (Revision 1: August 1, 2011) Collection Systems: The City of South San Francisco has two separate conveyance systems that transport rainwater runoff to San Francisco Bay and sanitary wastewater to the Water Quality Control Plant for treatment. Storm drains carry storm water and other runoff from streets, commercial centers, industrial sites and open spaces into streams, creeks and ultimately to San Francisco Bay. Any non-storm water materials that enter the storm drains are discharged directly into the creeks and the Bay with minimal treatment, Sanitary sewers convey wastewater discharges from residential, commercial, and industrial sources to the City’s wastewater treatment plant, where a significant portion of the water’s pollutants are removed prior to discharge into San Francisco Bay. Cleaning and Disposal Guidelines: The Food Handling Facilities “Best Management Practices” (BMPs) manual contains detailed guidelines for cleaning equipment and disposal of waste materials. It recommends control measures to prevent the discharge of pollutants into storm drains and sanitary sewers, and provides guidelines for proper disposal of oil and grease, tallow, used cooking oil, and hazardous materials. A checklist is also provided to assist restaurant operators and managers with the implementation of the recommended BMPs. (1) SANITARY SEWER OVERFLOWS Sanitary sewer overflows (SSOs) may be composed of domestic, industrial and/or commercial wastewater, depending on the pattern of land use in the area. High levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen-demanding organic compounds, oil and grease and other pollutants may be present, potentially leading to a public nuisance, particularly when raw, untreated wastewater is discharged to areas with high public exposure, such as streets or surface waters used for drinking, fishing or body contact recreation. Pollution of surface or ground waters may also result from SSOs, threatening public health, adversely affecting aquatic life, and impairing the recreational use and aesthetic enjoyment of surface waters. Major causes of SSOs include grease blockages, root infiltration, sewer line flood damage, manhole structure failures, vandalism, pump station mechanical failures, power outages, excessive storm or ground water inflow/infiltration, debris blockages, sanitary sewer system age, pipe failures, lack of proper operation and maintenance, insufficient capacity, and contractor- caused damages. Many SSOs are preventable with adequate and appropriate facilities, source control measures and proper operation and maintenance of the sanitary sewer system. (2) JUSTIFICATION FOR THE IMPLEMENTATION OF A FOG PROGRAM Over 40% of SSOs in South San Francisco during calendar years 2008 and 2009 resulted from grease blockages, more than from any other single source. Since FOG is a significant component of the wastewater generated by food service establishments (FSEs), they are an obvious target for source control measures to reduce SSOs. The City has had in place a FOG program for FSEs since 1998, and has encouraged the installation and proper maintenance of grease removal devices wherever feasible. As of this document’s initial publication date, a total of 343 FSEs across three cities (South San Francisco, San Bruno and Colma) were included in the program. 79% of those businesses were known to have grease removal devices in operation. Through increased inspection and enforcement, it is the City’s goal to minimize discharges of FOG to the 29 sewer through the implementation of best management practices (BMPs) by FSEs; a corollary reduction in the number of SSOs caused by grease blockages is expected. 7.2 LEGAL FRAMEWORK (1) AUTHORITY The authority to develop, implement, inspect, monitor and enforce provisions of the FOG program in San Bruno and South San Francisco is granted to the staff of the South San Francisco – San Bruno Water Quality Control Plant by Resolution 62-81, dated July 1, 1980. In areas of Colma served by the City of South San Francisco’s water quality control plant, the Superintendent has the authority to administer, implement and enforce the provisions of the FOG program per the City of Colma’s Municipal Code, section 3.08.010. Furthermore, section 3.01.110(a) grants the City of South San Francisco the right to inspect and monitor users of the sewer system. (2) MUNICIPAL CODE Discharges of FOG to the sanitary sewer from all sources in South San Francisco are governed by Municipal Code, which states: “it is unlawful for any person to dispose of any grease, or cause any grease to be disposed, by discharge into any drainage piping, by discharge into any public or private sanitary sewer, by discharge into any storm drainage system, or by discharge to any land, street, public way, river, stream or other waterway” [14.08.210(c)(1)]. The full text of the South San Francisco Municipal Code is available at http://qcode.us/codes/southsanfrancisco/. The City of San Bruno’s Municipal Code prohibits the discharge of “solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease concentration exceeding one hundred mg/l” [100.12.200(2)]. The City of Colma’s Municipal Code states that it is unlawful to discharge “solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease” [3.08.130(b)(2)]. (3) WASTEWATER DISCHARGE PERMIT REQUIREMENT Throughout the service area, FSEs are required to obtain permits to discharge wastewater to the sanitary sewer. Such permits provide a consistent and legally enforceable framework for treatment of wastewater by FSEs. Permits are valid for three years from the date of issue, are non- transferrable, may be revoked or modified by the City, require renewal a minimum of 30 days prior to expiration, and include general discharge prohibitions and specific permit conditions. A nominal fee ($120) is imposed at the time of application. (a) SPECIFIC PERMIT CONDITIONS Specific permit conditions may include one or all of the following: right of access for City personnel, prohibition of washing outdoors where wash water may flow to the storm drain system, right of the City to collect from the facility all costs incurred as a result of a sewage spill caused by the FSE including fines imposed upon the City, requirements for grease interceptor cleaning frequency, requirement that the facility keep a log of grease interceptor maintenance, and the prohibition of dumping large quantities of greasy waste down sewer drains. Additional permit conditions may be imposed at the discretion of City personnel. 7.3 ADMINISTRATIVE CONTROLS The City’s overriding control mechanism is the FOG ordinance, which includes Municipal Code sections 14.08.030, 14.08.210(b) and (c) and 15.12.060 (see appendix A). The administration of the 30 FOG control program involves multiple departments, divisions and programs within the City, though the primary responsibility falls on Water Quality Control Plant Environment Compliance program. A master list of FSEs is maintained by the Environmental Compliance Program; it is used to prioritize inspections, coordinate follow-up and to keep permits current. Business license applications are forwarded from the Finance Department when FSEs move or change ownership. When new development or tenant improvement plans are submitted to the Building Department, Water Quality Control verifies that appropriate grease removal devices are to be installed as a condition of the issuance of a building permit. Water Quality also denies permit approval to projects that include the installation of new garbage disposals. Street Department personnel advise Environmental Compliance Inspectors when SSOs are caused by grease. Municipal Code allows that a business found to be the source of such an SSO may be required to install or upgrade existing grease removal equipment. In the event that a garbage disposal is in use and is suspected to have caused a problem, Water Quality may require its removal. The Environmental Compliance Program is responsible for ensuring that FSEs comply with such requirements. 7.4 INSPECTION AND MONITORING (1) APPLICABILITY Regulated FSEs include food production facilities not covered under the Pretreatment Program, institutional food-service establishments, full-service restaurants, fast food outlets, coffee shops and concessions associated with other businesses where food is prepared. Each is subject to periodic inspection. Whether or not a specific business qualifies as an FSE is ultimately up to the discretion of Environmental Compliance Inspectors. (2) PROGRAM STANDARDS In prior years, inspections were performed on a three-year cycle. Beginning with calendar year 2011, FSEs are inspected every year. Where violations are discovered, remediation is required within 30 days. Violations include failure to implement applicable BMPs, failure to keep records of grease removal device cleaning, utilization of enzymes or emulsifiers in grease removal devices, operating without a valid wastewater discharge permit, and being shown to be the cause of an SSO. (a) Best Management Practices (BMPs) FOR FOG CONTROL • A properly sized grease removal device should be in use. • Grease removal device maintenance should be performed at regular intervals by trained operators and verified by management. • Used cooking oil should be collected for recycling by a licensed hauler. • Dry clean-up methods should be used for dish pre-washing as well as equipment and floor cleaning. • A spill control plan should be in place. Absorbent materials should be available to aid in spill clean-up. • Food grinders should be removed or kept out of service. • Greasy waste should not be poured down any drain. • Mats, filters and floors should be cleaned such that all wash water drains through a grease removal device. • Employees should be trained on FOG handling BMPs. (b) ENFORCEMENT The City of South San Francisco follows a written Enforcement Response Plan when addressing non- compliant FSEs. In case an SSO can be shown to have been caused by an FSE, depending on the severity and the underlying cause of the SSO, the City will, at a minimum send the business owner a warning letter, a Notice of Violation or an Administrative Citation (with or without monetary penalties) describing the cause of the SSO that has been attributed to the FSE, the pertinent parts of the City’s 31 FOG Ordinance, and required remediation methods and corrective actions to comply. An FSE must acknowledge receipt of such a document within 30 days of its postmark. If the City determines that it is more appropriate, a Show Cause Hearing may be conducted or a case may be referred to the City Attorney in lieu of the letter, NOV or citation previously described. 7.5 OUTREACH AND EDUCATION (1) COMMERCIAL AND INDUSTRIAL COMPONENT A significant component of the FOG program involves educating sewer users about the importance of managing grease waste. Food Service Establishments (FSEs) are provided with informational pamphlets upon renewal of their wastewater discharge permits. Multi-lingual BMP posters demonstrating proper grease waste management techniques are distributed during annual inspections. The Environmental Compliance Program maintains a list of grease waste haulers and cooking oil recyclers which is provided to FSEs upon request. In 2011, FOG management pamphlets were distributed to the owners of all commercial and industrial property within South San Francisco with their sewer service charge notifications. The City may, at its discretion promote proper FOG management through partnerships with the Chamber of Commerce and other business organizations. (2) RESIDENTIAL COMPONENT A variety of FOG management outreach materials are available to the general public. Grease scrapers and biodegradable waste containers are distributed to residents at community events and in public buildings throughout the service area, free of charge. These items are printed with FOG-control BMPs for households. Since 2013, the City has advertised a FOG education message at the Tanforan Movie Theater in San Bruno. The ad was re-vamped in 2018; it replaced the previous FOG ad that had been running since 2013. Around the winter holidays, posters and stickers describing proper oil disposal are handed out to retailers of turkey fryers. Multi-lingual door hangers are delivered to large, multi-unit dwellings and residences in areas where grease blockages have occurred. Materials and FOG information are distributed local schools , Farmers Markets, and other community events. The City provides BMPs and other FOG-related information in the FOG section of the City of South San Francisco’s website (www.ssf.net), Facebook, and Twitter. The City is committed to: • Publish an article in the Blue Line Transfer garbage collection service newsletter • Purchase additional at local movie theaters • Perform outreach at community events • Distribute brochures to residential customers • Distribute grease receptacles and grease scrapers • Continue to distribute educational materials to public schools. These residential outreach commitments were initiated in the spring of 2012 and will continue as needed in the future. 7.6 DETERMINATION OF PROGRAM EFFECTIVENESS The City’s annual pollution prevention reports track the percent of SSOs that are caused by FOG. Since 2010, the reports also include information on the number of FSE inspections, the number of grease scrapers distributed, and the pounds of influent FOG per year. The City will continue with this annual evaluation as part of its annual pollution prevention report. The City of South San Francisco shall associate the effectiveness of its FOG program with the number of grease related SSOs in the service area. Upon implementation of all aspects of the enhanced FOG program, the City aims to see a reduction in FOG-related SSOs. 32 7.7 Elements of Progressive Enforcement Actions There are four (4) levels of increasingly significant enforcement action available to the City which are intended to correct non-compliance with a FSE’s discharge permit. Progressive enforcement actions may require increasingly stringent responses to correct repeated or ongoing violations of wastewater discharge permits or other local, state, or federal discharge prohibitions. The four actions include: (1) Verbal Notification (2) Advisory Letter, (3) Notice of Violation, and (4) Civil and Criminal Administrative Actions including Abatement Orders 1. Verbal Notification Verbal notification is used for initial contact with a FSE when appropriate Best Management Practices (BMPs) are not in use, BMP information is not posted in a conspicuous location, grease removal device maintenance records are not available for review, or a facility is operating without a valid wastewater discharge permit for more than thirty (30) days. Re-inspection of a violator by City personnel shall take place within thirty (30) days of verbal notification. Failure to correct violation(s) within that timeframe will result in the issuance of an advisory letter. 2. Advisory Letter Advisory letters shall be mailed by certified mail or hand-delivered to the violator within seven (7) days of the City’s receiving first notice that a violation of a waste discharge permit occurred, or within seven (7) days of a failed re-inspection, as previously described. “Notification” occurs immediately whenever an agent for, or employee of, the City is notified that a violation of a discharge permit or other prohibition of local, state, or federal statute or regulation has occurred. The notification may be verbal, telephone, fax, electronic, letter, report, written document, or other form of communication. Advisory letters are intended to correct violations that are more serious than those listed in section (1), such as any of the following: • conditions observed during the course of an on-site inspection or routine surveillance which may compromise a FSE’s ability to comply with any element of its wastewater discharge permit; • failure to properly maintain grease removal devices; • operation without a valid wastewater discharge permit for more than 60 days; or • any other violation or group of violations that the City deems to be detrimental to the Pollution Prevention Program. Re-inspection of a violator by City personnel shall take place within thirty (30) days of the issuance of an advisory letter. Failure to correct violation(s) within that timeframe will result in the issuance of a notice of violation. 3. Notice of Violation (NOV) When a violation or violations of a FSE’s discharge permit is/are observed or reported, and, in the opinion of trained City personnel there is a potential for harm to life, health, the environment, the collection system, or the wastewater treatment plant, a Notice of Violation shall be issued to the FSE within seven (7) days of the City receiving first notice of said violation(s). “Notification” occurs immediately whenever an agent for, or employee of, the City is notified that a violation of a discharge permit or other prohibition of local, state, or federal statute or regulation has occurred. The notification may be verbal, telephone, fax, electronic, letter, report, written document, or other form of communication. A Notice of Violation may be issued for any of the following reasons: • failure to respond within the required timeframe to lesser enforcement actions; • failure to correct violations as required by lesser enforcement actions; • failure to install a grease removal device when required to do so by the City; or 33 • any other violation or group of violations that the City deems to be detrimental to the Pollution Prevention Program. A. Within forty-five (45) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user. The FSE’s written response shall describe the specific violation(s) which occurred, the cause of the violation(s), all corrective actions taken to prevent any reoccurrence of the violation(s), and the date those corrective actions were/will be taken. B. A review of the FSE’s written response shall be conducted to determine if it is adequate and appropriate. Following the issuance of a Notice of Violation, the receipt of the FSE’s response, and a review of that response the City may inspect the facility if it is deemed necessary. C. Upon receipt of a Notice of Violation, the FSE shall have fifteen days within which to file an appeal of the Notice of Violation. Appeals shall be addressed to the WQCP Superintendent. D. Failure to respond to a Notice of Violation within the specified timeframe may cause the City to initiate civil and criminal actions against the violator. 4. Civil and Criminal Administration Actions A. Abatement Orders Abatement orders shall be issued when lesser enforcement actions have been exhausted, or in the judgment of the WQCP Superintendent there is an immediate danger to life, health, the environment, the collection system or the wastewater treatment plant. Abatement orders shall be issued by the Superintendent, and shall be sent by certified mail or be hand-delivered. Upon receipt of an Abatement Order, a FSE shall have ten (10) days from the date of receipt of the Abatement Order to appeal the enforcement action. All appeals shall be submitted, in writing, to the WQCP Superintendent. B. Administrative Actions When a FSE fails to comply with an Abatement Order within the specified timeframe, civil and criminal penalties may be imposed upon the violator. i. Civil and Criminal Penalties Any user who willfully or negligently fails to comply with any regulation or condition of a discharge permit or permit issued hereunder, shall be subject to both civil and criminal liability. All enforcement and penalty provisions identified in the South San Francisco Municipal Code are in addition to and do not supersede or limit any other civil or criminal remedies. South San Francisco Municipal Code § 14.08.510 and 14.08.530. Potential civil and criminal liability shall be as follows: Civil Liability: Potential civil liability shall include, but not be limited to, declaration of the violation as a public nuisance and strict liability for the sum of ten thousand dollars ($10,000) for each day or portion thereof, as set forth in South San Francisco Municipal Code Section 14.08.530, and abatement proceedings, including the collection of abatement costs, as set forth in South San Francisco Municipal Code Sections 14.08.500, 14.08. 550, and 14.08.560. In addition, a user may be liable up to twenty-five thousand dollars ($25,000) a day for each violation, as set forth in California Government Code Section 54740. South San Francisco Municipal Code § 14.08.530. In lieu of the civil penalties set forth in California Government Code Section 54740, the City may impose administrative penalties in the following amounts, as set forth in California Government Code Section 54740.5: (1) up to three thousand dollars ($3,000) for each day for failing or refusing to timely comply with any compliance schedule established by the City; (2) up to five thousand dollars ($5,000) per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the City; (3) up to ten dollars ($10) per 34 gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the City. Furthermore, the amount of such civil administrative penalties that have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. California Government Code § 54740.5(d)(5). Criminal Liability: Criminal liability shall include, but not be limited to, misdemeanor prosecution under South San Francisco Municipal Code Section 14.08.510. A person shall be guilty of a separate and distinct offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person, and the user shall be punishable accordingly. South San Francisco Municipal Code §§ 1.24.0140, 14.08.510. Injunction - Whenever a discharge of wastewater is in violation of the provisions of this plan or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, an injunction may be sought to restrain the continuance of such discharge. The City may petition the Superior Court for the issuance of a temporary or permanent injunction, or both, as the case may be, restraining the continuance of such discharge. The city may also seek an injunction against nondischarge violation of pretreatment standards or requirements. South San Francisco Municipal Code § 14.08.540. 7.8 Administrative Citations The City reserves the right to issue Administrative Citations in accordance with the City’s Municipal Code, Chapter 8.54.102. Every violation determined to be an infraction is punishable by: (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same ordinance; and (3) a fine not to exceed five hundred dollars for each additional violation of the same ordinance within one year. Every violation determined to be a misdemeanor is punishable by a fine not exceeding $1,000 per day. Administrative citations may be issued at any level of enforcement, though generally fines are issued only in conjunction with notices of violation or administrative actions APPENDIX: FOG OUTREACH MATERIAL 1) Local theatre advertisement 2) Grease scrapers (BAPPG) 3) Grease collection receptacles (City of SSF) 4) Pamphlet: Only You Can Stop the Grease Blob (City of SSF) 5) Pamphlet: Stormwater Pollution Prevention Guidelines for Food Handling Facilities (STOPPP) 6) Poster: No Grease Down the Drain (EBMUD) 7) Door hanger: Grease Goes From the Pan to the Can (City of SSF) 8) Sticker and poster: Avoid Pain in the Drain (BAPPG) FOG Program Implementation A list of all food handling facilities is updated on a regular basis. The following BMPs are recommended for all food-handling facilities: • Each facility must have a sink or other protected area for cleaning floor mats, large equipment, and containers. This area must be connected to the sanitary sewer through a grease interceptor. • New construction must include a covered, enclosed dumpster area which drains to the sanitary sewer through a grease removal unit. The installation of grease removal unit is required in all new restaurants and in tenant improvements of existing restaurants. Installation of a grease removal unit is also required in all new commercial and 35 industrial food-handling facilities and in tenant improvements of existing commercial and industrial food-handling facilities. Figure 4 - FOG Pollution Prevention Activities Source Audiences Message/Program Implementation Plan & Timeline Evaluation Method Food handling facilities Owners/Managers Staff Manage their internal activities to minimize FOG introduction to sanitary sewer and service their facility oil separation device regularly On-going inspections BMP posters placed and used in Food Handling Facilities Increased BMP usage annually and take enforcement when required Food Facilities use BMP poster Residents Homeowner, renters Determine proper FOG BMPs Determine baseline FOG disposal information Distribute door hangers to homeowners that have grease blockages Distribute grease scrapers and BMPs at events, school outreach presentations Track number of grease blockages Track influent FOG to plant from residential areas. Continue with surveys School food service facilities Food services managers Manage internal activities to minimize FOG introduction to sanitary sewer and service oil Identify school food service facilities. Inspect school food service facilities Increase BMP compliance. Use BMP poster 36 Element VIII – System Evaluation and Capacity Assurance Plan This summary presents a brief background of the City’s sewer system, east of Highway 101, the need for this master plan, proposed improvements to mitigate existing capacity deficiencies, and proposed system improvements. A summary of the capital improvement program costs, through the planning horizon year of 2020. The City recognizes the importance of planning, developing, and financing sewer system facilities to provide reliable and enhanced service for existing customers and to serve anticipated land use redevelopment. The City prepared its most recent sewer system master planning study in 2002. The Sewer Master Plan is currently being updated with an expected completion date of June 2021. The 2002 study included the following tasks; • Establish sewer system design and planning criteria. • Evaluate the capacity of the existing sewer collection system using computer hydraulic modeling. • Summarize existing system deficiencies and propose improvements to enhance system reliability. • Recommend improvements needed to service anticipated build out conditions • Develop a Capital Improvement Program with a planning horizon year of 2020. • Prepare a Special Facilities Connection Charge report performed by another Consultant. • Comply with Environmental clearances pertaining to the study area. The City of South San Francisco is located in San Mateo County, approximately 10 miles south of the City of San Francisco, and is bisected by U.S. Highway 101 in a north-south direction. The study area is within the City’s boundaries, east of Highway 101. The San Francisco Bay borders the area to the north and east while the City of San Bruno and the San Francisco International Airport (SFIA) surround the area to the south. In 1999, Carollo Engineers preformed an Infiltration and Inflow Study for the City, west of Highway 101. The study included a small portion of the sewer system east of Highway 101, upstream of the South San Francisco San Bruno Water Quality Control Plant (WQCP). For the purpose of this master plan, this portion of the sewer system was not considered. The City’s sewer collection system master plan identifies the infrastructure necessary to the service developed lands within the study area boundary. Because few vacant lands exist east of Highway 101, the anticipated increase in sewer flows is a result of redevelopment of existing parcels. According to City planning department staff, thirty-two areas are slated for redevelopment during the planning horizon, while the remaining areas within the study areas are intended to maintain their existing land use designation over the next 20 years. DRY WEATHER CONDITIONS During existing dry weather conditions, the average flow and peak hour flows from the study area are 1.5 and 3.4 MGD, respectively. At the 2020 planning horizon year condition, the average and peak hour dry weather flows are anticipated to approach 5.5 and 12.1 MGD, respectively. In January 2009 a sanitary sewer flow monitoring and inflow/infiltration study was performed by V&A Engineering. Data should be updated to reflect 2010-2011 Facility Plan. WET WEATHER CONDITIONS Evaluating the capacity adequacy of the City’s sewer system during wet weather conditions included applying a hypothetical 5-year 24-hour design storm that increased the infiltration and inflow determined by the hydraulic model. Should the design storm occur, the hydraulic model projects existing average and peak hour flows from the study area of 2.5 MGD and 5.5 MGD, respectively. Applying the same storm event during 37 the build out condition results with average and peak hour flows of 6.4 MGD and 14.1 MGD from the study area respectively. These projected wet weather flows assume no mitigation to the current infiltration and inflow rates. FUTURE FLOW CONDITIONS The future average dry weather flows calculated to model the 2020 planning horizon year were determined based on industry projections and calculated flows. Industry projections were provided by several industries east of Highway 101 in response to a survey by City Staff. Thirty-two areas are slated for future redevelopment and will redevelop by changing their land use designation, mostly to Office/Research and Development (ORD), resulting in increased wastewater flow rates. The remaining lands east of Highway 101 are assumed to maintain their existing designation throughout the planning year horizon. SEWER SYSTEM EVALUATION The City’s sewer system was evaluated based on the analysis and design criteria defined in this study. A hydraulic sewer model was assembled and used in evaluating the adequacy of the City’s sewer system. The hydraulic model combines information on the physical characteristics of the sewer system (pipe sizes, pipe slopes, pumps, etc.), and performs calculations to solve a series of mathematical equations to simulate flows in pipes. The average flows east of Highway 101 were estimated by obtaining industrial flow projections, utilizing the 2001 Metered Water Use database, and applying land use coefficient factors. A 5-year 24-hour storm event was used to simulate the wet weather flows. CAPITAL IMPROVEMENT PROGRAM The cost estimates presented in the Capital Improvement Program have been prepared for general master planning purposes and for guidance in project evaluation and implementation. Final costs of projects will depend on actual labor and material costs, competitive market conditions, final project scope, implementation schedule, and other variable factors such as: preliminary alignments generation, investigation of alternative routings, and detailed utility and topography surveys. The plan consists of Short Term Improvements, Intermediate Term, and Long Term Improvements. The 2002 sewer system master plan contains six chapters. The chapters are briefly described below: Chapter 1 – Introduction. This chapter presents the need for this sewer system master plan and the objectives of the study. A list of abbreviations is also provided to assist the reader in understanding the information presented. Chapter 2 – Planning Area Characteristics. This chapter presents a discussion of this study’s planning area characteristics, defining the land use classifications and summarizing the proposed future redevelopment within the study area. Chapter 3 – Planning and Design Criteria. The capacity of the study area’s sanitary sewer system was evaluated based on the analysis and design criteria defined in this chapter. Historical flows at the wastewater treatment facility were reviewed and analyzed to determine daily, monthly and seasonal fluctuations experienced by the sewer system. The developed criteria address the sewer system capacity, acceptable pipe gravity slopes, acceptable depths of flow within pipes, average sewer flow coefficients, and daily and hourly peaking factors. Chapter 4 – Existing System and Hydraulic Model. This chapter presents an overview of the sewer collection system east of Highway 101. The chapter also describes the 38 development and calibration of the City’s Sewer Hydraulic Model. This model was used for identifying existing system deficiencies and for recommending enhancements. Chapter 5 – Sewer System Evaluation and Proposed Improvements. This chapter presents the results of the capacity evaluation of the sewer system. The chapter also presents improvements to mitigate existing system deficiencies and for servicing future growth. These improvements are recommended based on the system’s technical requirements, costs effectiveness, and operational reliability. Chapter 6 – Capital Improvement Program. This chapter presents the recommended Capital Improvement Program (CIP) for the study area’s sewer system. The program is based on the evaluation of the sewer system, and on the recommended projects described in the previous chapters. The CIP has been staged to the planning horizon year of 2020. 39 Element IX – Monitoring, Measurement, and Program Modification 9.1 Monitoring and Measurement Discussion The City tracks several performance measures through key performance indicators and technology such as; CMMS and field and flow studies and tracking logs and annual reports. The tracking information collected includes but is not limited to, number, cause and location of stoppages; number, cause location, and volume of SSOs; stoppage response time; number and reason for customer complaints; and length of pipe cleaned and type of debris found. The City plans to continue tracking all performance measures that are currently tracked. A monitoring tracking sheet is provided as Figure 5 below. In order to monitor the effectiveness of the SSMP, however, the City has selected certain specific parameters that can be documented and compared on an annual basis in a simple format, and are referred to as Performance Measures. These parameters were selected because they are straightforward, quantitative, and focused on results. The 2014 – 2018 performance measure results are listed in Figure 6. Although the parameters may not track everything associated with SSMP implementation changes in these parameters over time will indicate the overall success of the SSMP or, conversely, underlying problems that can then be investigated further. This information can be tracked on the City’s mapping system. An example of the tracking capabilities is provided as Figure 7. 40 Figure 5 – Example Monitoring Tracking Sheet 41 Figure 6 - 2014 - 2018 Performance Measures 42 Figure 7 -Example of City GIS Mapping with 2013 SSOs 43 Element X – SSMP Program Audits 10.1 Regulatory Requirements for SSMP Audits Internal audits are performed on a two year basis to determine relevance and effectiveness of each element of the SSMP. Audits include a review of progress on deficiencies identified in the previous year audit reports. A summary of the audit results and significant findings from the Monitoring, Measurement and Program Modification Section is shared with those directly involved within the City of South San Francisco. When appropriate, the attached Audit Assessment Checklist Form may be used in these assessments. If deficiencies or modification are identified as part of the audit, the SSMP is updated accordingly. A log will be created to document and track progress on recommended program improvements. 10.2 The City of South San Francisco Audit Discussion The City will complete audits of its SSMP every two years, and will prepare a report to be kept on file and include audit with annual report. This audit will include the following: • Review of progress made on development of SSMP elements • Review of monitoring and measurement tracked under Element 9 • Identification of successes of implementing SSMP elements and needed improvements • Description of system improvements during the past two years • Description of system improvements planned for the upcoming two years, with an estimated schedule for implementation. 44 Audit Assessment Checklist Form Auditor: Date Goals Reference: Comments: Yes No Initials Is there a hydro-jetting program in place? Cityworks Work Order System Dose the staff perform routine sanitary sewer lift station checks and maintenance. Cityworks Work Order System Dose the staff respond to service requests in an orderly and timely fashion? Cityworks Work Order System Are Dig-Alert mark outs completed in a timely fashion? Cityworks Work Order System Are easements maintained? Cityworks Work Order System Is the spare parts inventory complete and up - to - date? Collection Staff/Corp. Yard/Warehousing Inventory Are records of activities maintained? Collection Staff/Granite XP/Cityworks CMMS Are televised inspections performed? Collection Staff/Granite XP/Cityworks CMMS Is a method in place to provide updated information for sanitary sewer mapping? Collections/Engineering/I.T. Staff Is a CMMS in place and utilized? Cityworks/Granite XP/G.I.S./CMMS Software As monthly spill/no-spill reports completed on time? Collections Management LRO's/Data Submitters Are monthly reports of Division’s activities maintained? Collection Staff/Management Are emergency contact list complete and up-to- date? H.R. Database/Collection Administrative Staff/Management Is safety training and technical training provided? Collection Management/H.R. Dept. Database Are the goals in the SSMP still appropriate? Collection Management Organization Is an up-to-date organization chart available? SSMP Element II, Appendix A Has the chart been updated in the SSMP? SSMP Element II, Appendix A Does the SSMP clearly state name of the responsible or authorized as described in section J at the Order? SSMP Element II, Section 2.2 45 Audit Assessment Checklist Form Auditor: Date Reference: Comments: Yes No Initials Ensures access for maintenance, inspection or repairs? SSMP Element IV, Section 4.3 Limits the discharge of fats, oil grease and debris? SSMP Element VII Enforces any violation of its sewer ordinances? SSMP Element III Operations and Maintenance Program When was the Sewer System Map last updated? G.I.S/Database Software/I.T. Is the map current for? Citywide - All Departments Gravity Line Segments G.I.S/Database Software/I.T. Force Mains G.I.S/Database Software/I.T. Manholes G.I.S/Database Software/I.T. Pumping Facilities G.I.S/Database Software/Plant Maint. Pressure Pipes G.I.S/Database Software/Plant Maint. Valves G.I.S/Database Software/Plant Maint. Are up-to-date external elements/Information included? G.I.S/Database Software/Management County Stormwater Engineering County Flood Control Engineering Waterways/systems Engineering/Collections Parcels/APN data Engineering/Collections Is routine cleaning of the collection system performed? Collections/Cityworks Software Is the planned cycle for cleaning adhered to? SSMP Element IV, Section 4.3 Is routine televising of the collection system completed? Cityworks/Granite XP Software 46 Audit Assessment Checklist Form Auditor: Date Reference: Comments: Yes No Initials Are system deficiencies identified and prioritized? Cityworks/Granite XP Software Are problem areas targeted for attention? Cityworks/Granite XP Software Is a system of ranking the condition of the pipes Incorporated? PACP/Cityworks/Granite XP Software Are long term and short term Rehab and replacement Plans in place? Collections/Granite XP Software/Eng./Budget Has smoke testing been performed during auditing cycle? Collections Have mark-outs been performed timely? Collections/Inspectors Have training plans been developed for each position? H.R. Dept./Management Have employees attended all required safety training? H.R. Dept./Management Have employees attended all required technical training? H.R. Dept./Management Has inventory list been reviewed and updated? Collections Staff/Management Are critical parts available in the warehouse? Collections Staff/Management Are parts for at least two repairs on each size and type of pipe in the warehouse? Collections Staff/Management Overflow Emergency Response Program Are notification procedures in place? SSO Emergency Response Plan Is SOP current? SSO Emergency Response Plan Has ERP training been performed? SSO Emergency Response Plan Are procedures for traffic and crowd control in place? SSO Emergency Response Plan Is a program in place to contain SSO's? SSO Emergency Response Plan Is a program in place minimizing SSO's? SSO Emergency Response Plan 47 Audit Assessment Checklist Form Auditor: Date Reference: Comments: Yes No Initials Is public outreach taking place? What type? SSMP Element VII, Section 7.5 and Element XI Have FSE Best Management Practices been provided to any customers? SSMP Element III and Element VII Have additional Source Control Measures been Implemented? Why? /why not? SSMP Element III and Element VII Design and Performance Have peak hydraulic capacities been estimated? Collections/Engineering/WQCP Have hydraulic deficiencies been identified? Collections/Engineering/WQCP Have capacities of key system components been documented? Collections/Engineering/WQCP Have peak flows associated with overflow events been identified? Collections/Engineering/WQCP Have short term CIP's been prepared? Collections/Engineering/WQCP Have long term CIP's been prepared? Collections/Engineering/WQCP Monitoring, Measurement, Program Modifications Have reporting mechanisms been developed to support system Improvements? Collections/Engineering/WQCP Are trends of various data maintained? Collections/Engineering/WQCP Are spill locations, frequencies and volumes recorded and evaluated? SSO Emergency Response Plan/GIS Mapping System Are maintenance activities modified and updated? How? Collections/CMMS Software Audit Program When was the last audit performed? By who? Collections Staff/Management Is a written report of the last audit available on file with the City? Collections/PW Office Database Have deficiencies identified in the previous audit been addressed? Collections/PW Office Database Were appropriate corrective steps taken? Collections/PW Office Database 48 Audit Assessment Checklist Form Auditor: Date Reference: Comments: Yes No Initials List any deficiencies identified during this audit below: Audit Team Staff - Prepare specific corrective action steps to address each deficiency identified. Collections/Management and Engineering Prepare formal written report from the results of this audit focusing on the effectiveness of the SSMP, the compliance with the SSMP, identification of any deficiencies and corrective action steps. Retain this report for at least five years. Collections Management Communication Program What public communication regarding the implementation and performance under this SSP has been provided? City Council and Management Are there any Systems tributary or satellite to the city wastewater system? Collections and Engineering 49 Element XI – Communication Program 11.1 State WDRs The City must communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall prove the public the opportunity to provide input to the City as the program is developed and implemented. The City will also create a plan of communication with systems that are tributary and/or satellite to the City’s sanitary sewer system. 11.2 Communication Program The City will communicate on a regular basis with the public on the development. Implementation and performance of the SSMP, using various types of outreach including print media, the intranet, and public hearings. The City may bill stuffers to inform customers of upcoming issues of concerns related to the SSMP (example: upcoming rate changes). The City also maintains a website (www.ssf.net) to inform the public about City activities. The main page of the website (www.ssf.net) provides important announcements, agendas and minutes for City Council meetings and other key information for City residents. The City’s SSMP is available on the website. The SSMP is certified by the City Council at a noticed public meeting. In addition, the City communicates on a regular basis through city-wide outreach programs such as: • Sewer System Management Program (Internet) • Fog Outreach Program • Public and Educational Outreach Programs • City Newsletters and Outreach Printed Materials • Overflow Emergency Response Plan (Internet) • City Council Meeting (Public Comments) • Facebook and Twitter Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Effective Date: Revised Date: Approved by: Signature: Date: Prepared by David Patzer, DKF Solutions Group 707.373.9709 dpatzer@dkfsolutions.com Copyright © 2013 DKF Solutions Group, LLC. All rights reserved. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Table of Contents Overflow Emergency Response Plan Binder SSMP Element 6 6.1 Purpose 6.2 Policy 6.3 Definitions as used in this OERP 6.4 Regulatory Requirements for OERP Element of SSMP 6.5 Goals 6.6 SSO Detection 6.7 SSO Response Procedures 6.8 Water Quality Monitoring Plan 6.9 Recovery and Cleanup 6.10 Public Notification 6.11 Failure Analysis Investigation 6.12 Post SSO Event Debriefing 6.13 Notification, Reporting, Monitoring and Recordkeeping Requirements 6.14 Complaint Records 6.15 Equipment 6.16 SSO Response Training 6.17 Authority Contractor Orientation Extreme Weather/Natural Disaster Planning: High Priority Assets Vendor Contact Information City Resources Contact Information Regulatory Notifications Packet Instructions ....................................................................................................................... Envelope Regulatory Reporting Guide .................................................................................................. RN-1 Category 1 SSO Reporting Checklist ................................................................................... RN-2a Category 2 and 3 SSO Reporting Checklist ........................................................................ RN-2b RWQCB Notification Fax........................................................................................................ RN-3 Sanitary Sewer Backup Packet (BP) Response Instructions............................................................................................ Envelope Label Response Flowchart ............................................................................................................... BP-1 First Responder Form ............................................................................................................. BP-2 Sewer Overflow Report ........................................................................................................... BP-3 Lateral TV Report .................................................................................................................... BP-4 Collection System Failure Analysis Form ............................................................................... BP-5 Claims Submittal Checklist...................................................................................................... BP-6 Customer Service Packet Instructions .......................................................................................................... Envelope Customer Information................................................................................................. CS-1 Sewer Spill Reference Guide .............................................................................. Pamphlet Regulatory Notifications Packet ............................................................... See contents list above Door Hanger .............................................................................................................................. N/A Sewer Spill Reference Guide ........................................................................................... Pamphlet Sanitary Sewer Overflow Packet (OP) Instructions and Chain of Custody ......................................................................... Envelope Label Responding to a Sanitary Sewer Overflow ............................................................................ OP-1 Sewer Overflow Report .......................................................................................................... OP-2 Collection System Failure Analysis Form .............................................................................. OP-3 Regulatory Notifications Packet ............................................................... See contents list above Sewer Spill Reference Guide ........................................................................................... Pamphlet Public Posting ........................................................................................................................... N/A Door Hanger .............................................................................................................................. N/A © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Table of Contents (continued) Field Sampling Kit (FS) Procedures for Sampling Receiving Waters and Posting Warnings after a Sewage Spill ................................................................................................ FS-1 Sample Collection Chain of Custody Record .......................................................................... FS-2 Field Instruments Maintenance and Calibration Log .............................................................. FS-3 Field Guide (FG) Sanitary Sewer Overflow Response Response Flowchart ............................................................................................... FG-1.1 Tactics Guide .......................................................................................................... FG-1.2 Customer Relations Practices Following a Sewer Backup ..................................................... FG-2 Standard Operating Procedures How To Use a Hydroflusher .................................................................................... FG-3.1 How To Use a Continuous Rodder ........................................................................ FG -3.2 Containment Procedures ....................................................................................... FG -3.3 How to Remove a Manhole Cover ......................................................................... FG -3.4 Overflow Volume Estimation Procedures Overview ................................................................................................................ FG-4.1 Eyeball Estimation................................................................................................... FG-4.2 Drop Bucket Estimation .......................................................................................... FG-4.3 Duration and Flow Rate: Photo Comparison. ........................................................ FG-4.4 Upstream Connections ........................................................................................... FG-4.5 Area/Volume: Ponded Sewage. ............................................................................. FG-4.6 Area/Volume: Sewage Contained in Storm Drain System ..................................... FG-4.7 Area/Volume: Contained in a Roadway Gutter ....................................................... FG-4.8 Flow Calculation Worksheet ................................................................................... FG-4.9 Lower Lateral Estimation ...................................................................................... FG-4.10 Lift Station Estimation ........................................................................................... FG-4.11 Duration and Flow Rate: Manhole Overflow Rate Tables— Manhole Cover in Place ........................................................................................ FG-4.12 Duration and Flow Rate: Manhole Overflow Rate Tables— Manhole Cover Removed ..................................................................................... FG-4.13 Duration and Flow Rate: Manhole Overflow Rate Tables— Flow out of Manhole Vent or Pick Hole Post-Event Flow Monitoring Method ..................................................................... FG-4.14 Related Safety Topics Biological Hazards of Wastewater ......................................................................... FG-5.1 Confined Space ....................................................................................................... FG-5.2 Excavation and Trenching ..................................................................................... FG-5.3 Fall Protection ......................................................................................................... FG-5.4 Hearing Conservation ............................................................................................. FG-5.5 Heat Illness ............................................................................................................. FG-5.6 Lockout/Tagout ..................................................................................................... FG-5.7 Personal Protective Equipment .............................................................................. FG-5.8 Pneumatic, Power and Hand Tools ....................................................................... FG-5.9 Traffic Control ........................................................................................................ FG-5.10 Miscellaneous Public Posting Door Hanger Sewer Spill Reference Guide © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 Sanitary Sewer Management Plan Element 6: Sanitary Sewer Overflow Emergency Response Plan 6.1 Purpose The purpose of the Overflow Emergency Response Plan (OERP) is to support an orderly and effective response to Sanitary Sewer Overflows (SSOs). The OERP provides guidelines for City personnel to follow in responding to, cleaning up, and reporting SSOs that may occur within the City’s service area. This OERP satisfies the State Water Resources Control Board (SWRCB) Statewide General Waste Discharge Requirements for Sanitary Sewer Systems Order No. 2006-0003-DWQ (referred to as Statewide WDR or WDR), which require wastewater collection agencies to develop a Sanitary Sewer Management Plan (SSMP). Element VI of the SSMP is the Overflow Emergency Response Plan. In addition, the OERP satisfies SWRCB Order No. WQ 2013-0058-EXEC, which amended the Monitoring and Reporting Program (MRP) requirements in the original WDR. The amended MRP requires that the City develop and implement an SSO Water Quality Monitoring Program (WQMP) to assess impacts from SSOs in which 50,000 gallons or more are spilled to surface water. The WQMP is included in Section 6.8 of the OERP. 6.2 Policy The City’s employees are required to report all wastewater overflows found and to take the appropriate action to secure the wastewater overflow area, properly report to the appropriate regulatory agencies, relieve the cause of the overflow, and ensure that the affected area is cleaned as soon as possible to minimize health hazards to the public and protect the environment. The City’s goal is to respond to sewer system overflows as soon as possible following notification. The City will follow reporting procedures in regards to sewer spills as set forth by the SWRCB and the San Francisco Regional Water Quality Control Board (SFRWQCB) . 6.3 Definitions As Used In This OERP Nuisance - California Water Code section 13050, subdivision (m), defines nuisance as anything that meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. Private Lateral Sewage Discharges – Sewage discharges that are caused by blockages or other problems within a privately owned lateral. Sanitary Sewer Overflow (SSO) - Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include: © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 (i) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system. NOTE: Wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned are not SSOs. SSO Categories - Category 1: Discharge of untreated or partially treated wastewater of any volume resulting from a sanitary sewer system failure or flow condition that either: • Reaches surface water and/or drainage channel tributary to a surface water; or • Reached a Municipal Separate Storm Sewer System (MS4) and was not fully captured and returned to the sanitary sewer system or otherwise captured and disposed of properly. Category 2: Discharge of untreated or partially treated wastewater greater than or equal to 1,000 gallons resulting from a sanitary sewer system failure or flow condition that either: • Does not reach surface water, a drainage channel, or an MS4, or • The entire SSO discharged to the storm drain system was fully recovered and disposed of properly. Category 3: All other discharges of untreated or partially treated wastewater resulting from a sanitary sewer system failure or flow condition. Sanitary sewer system – Any publicly-owned system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary storage facilities are not considered to be SSOs. Untreated or partially treated wastewater – Any volume of waste discharged from the sanitary sewer system upstream of a wastewater treatment plant headworks. 6.4 Regulatory Requirements WDR 2006-0003-DWQ Requirements The collection system agency shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, regional water boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the Monitoring and Reporting Program (MRP). All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 Waste Discharge Requirements or National Pollutant Discharge Elimination System (NPDES) permit requirements. The Sewer System Management Plan should identify the officials who will receive immediate notification; (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain untreated wastewater and prevent discharge of untreated wastewater to Waters of the United States and minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. MRP WQ-2013-0058 EXEC Requirements To comply with subsection D.7(v) of the WDR, the enrollee shall develop and implement an SSO Water Quality Monitoring Program to assess impacts from SSOs to surface waters in which 50,000 gallons or greater are spilled to surface waters. The SSO Water Quality Monitoring Program, shall, at a minimum: 1. Contain protocols for water quality monitoring. 2. Account for spill travel time in the surface water and scenarios where monitoring may not be possible (e.g. safety, access restrictions, etc.). 3. Require water quality analyses for ammonia and bacterial indicators to be performed by an accredited or certified laboratory. 4. Require monitoring instruments and devices used to implement the SSO Water Quality Monitoring Program to be properly maintained and calibrated, including any records to document maintenance and calibration, as necessary, to ensure their continued accuracy. 5. Within 48 hours of the enrollee becoming aware of the SSO, require water quality sampling for, at a minimum, the following constituents: i. Ammonia ii. Appropriate Bacterial indicator(s) per the applicable Basin Plan water quality objective or Regional Board direction which may include total and fecal coliform, enterococcus, and e-coli. 6.5 Goals The City’s goals with respect to responding to SSOs are: • Work safely; • Respond quickly to minimize the volume of the SSO; • Eliminate the cause of the SSO; • Prevent sewage system overflows or leaks from entering the storm drain system or receiving waters to the maximum extent practicable; • Contain the spilled wastewater to the extent feasible; • Minimize public contact with the spilled wastewater; • Assess and mitigate the impact of the SSO; • Meet the regulatory reporting requirements; • Evaluate the causes of failure related to certain SSOs; and • Revise response procedures resulting from the debrief and failure analysis of certain SSOs. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 6.6 SSO Detection The processes that are employed to notify the City of the occurrence of an SSO include: observation by the public, receipt of an alarm, or observation by City staff during the normal course of their work. In the event of any pump failure at a City wastewater lift station, the high level sensor activates the SCADA alarm system and the City is contacted. To prevent overflow, wastewater from the wet well can either be pumped into a vacuum truck for disposal to a nearby sanitary sewer manhole, or bypassed around the station into the sanitary sewer system. 6.6.1 PUBLIC OBSERVATION Public observation is the most common way that the City is notified of blockages and spills. Contact numbers and information for reporting sewer spills and backups are on the City’s website: http://www.ssf.net. The City’s telephone number for reporting sewer problems is (650) 877-8550 during normal work hours, and (650) 873-3333 after hours. Normal Work Hours When a report of a sewer spill or backup is made during normal work hours, Corp Yard Administration receives the call. The service request is then referred to either the Division Lead or the Program Manager who will gather information from the caller and dispatch a Sewer Crew as needed. After Hours After hours call are answered by Police Dispatch and forwarded to the on-call pager/cell phone in the following order: Cell Phone #1: (650) 333-2265 Cell Phone #2: (650) 333-2266 When calls are received, either during normal work hours or after hours, the individual receiving the call will collect the following information: • Time and date of call • Specific location of potential problem • Nature of call • In case of SSO, estimated start time of overflow • Caller’s name and telephone number • Caller’s observation (e.g., odor, duration, location on property, known impacts, indication if surface water impacted, appearance at cleanout or manhole) • Other relevant information The following is an overview of receiving a sewage overflow or backup report: © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 6.6.2 CITY STAFF OBSERVATION City staff conducts periodic inspections of its sewer system facilities as part of their routine activities. Any problems noted with the sewer system facilities are reported to appropriate City staff that, in turn, responds to emergency situations. Work orders are issued to correct non- emergency conditions. 6.6.3 CONTRACTOR OBSERVATION The following procedures are to be followed in the event that a contractor causes or witnesses a Sanitary Sewer Overflow. If the contractor causes or witnesses an SSO they should: 1. Immediately notify the City 2. Protect storm drains 3. Protect the public 4. Provide Information to the City Sewer Crew such as start time, appearance point, suspected cause, weather conditions, etc. 5. Direct ALL media and public relations requests to the Director of Public Works © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 6.7 SSO Response Procedures 6.7.1 Sewer Overflow/Backup Response Summary © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 6.7.2 First Responder Priorities The first responder’s priorities are: • To follow safe work practices. • To respond promptly with the appropriate and necessary equipment. • To contain the spill wherever feasible. • To restore the flow as soon as practicable. • To minimize public access to and/or contact with the spilled sewage. • To promptly notify the Program Manager in event of major SSO. • To return the spilled sewage to the sewer system. • To restore the area to its original condition (or as close as possible). 6.7.3 Safety The first responder is responsible for following safety procedures at all times. Special safety precautions must be observed when performing sewer work. There may be times when City personnel responding to a sewer system event are not familiar with potential safety hazards peculiar to sewer work. In such cases it is appropriate to take the time to discuss safety issues, consider the order of work, and check safety equipment before starting the job. 6.7.4 Initial Response The first responder must respond to the reporting party/problem site and visually check for potential sewer stoppages or overflows. The first responder should: • Note arrival time at the site of the overflow/backup. • Verify the existence of a sewer system spill or backup. • Determine if the overflow or blockage is from a public or private sewer. • Identify and assess the affected area and extent of spill. • Contact caller if time permits. • If the spill is large or in a sensitive area, document conditions upon arrival with photographs. Decide whether to proceed with clearing the blockage to restore the flow or to initiate containment measures. The guidance for this decision is: o Small spills (i.e., spills that are easily contained) – proceed with clearing the blockage. o Moderate or large spill where containment is anticipated to be simple – proceed with the containment measures. o Moderate or large spills where containment is anticipated to be difficult – proceed with clearing the blockage; however, whenever deemed necessary, call for additional assistance and implement containment measures. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 6.7.5 Restore Flow Using the appropriate cleaning equipment, set up downstream of the blockage and hydro-clean upstream from a clear manhole. Attempt to remove the blockage from the system and observe the flows to ensure that the blockage does not recur downstream. If the blockage cannot be cleared within a reasonable time from arrival, or sewer requires construction repairs to restore flow, then initiate containment and/or bypass pumping. If assistance is required, immediately contact other employees, contractors, and equipment suppliers. 6.7.6 Initiate Spill Containment Measures The first responder should attempt to contain as much of the spilled sewage as possible using the following steps: • Determine the immediate destination of the overflowing sewage. • Plug storm drains using air plugs, sandbags, and/or plastic mats to contain the spill, whenever appropriate. If spilled sewage has made contact with the storm drainage system, attempt to contain the spilled sewage by plugging downstream storm drainage facilities. • Contain/direct the spilled sewage using dike/dam or sandbags. • Pump around the blockage/pipe failure/pump station. 6.8 Water Quality Monitoring Plan 6.8.1 Waters of the State The San Francisco Bay and Colma Creek, a Bay tributary, are Waters of the State located in and adjacent to the City’s service areaThese waters may be impacted by sanitary sewer overflows in cases where large spills reach receiving waters. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 6.8.2 Water Quality Monitoring Procedures The Water Quality Monitoring Plan will be implemented immediately upon discovery of any Category 1 SSO of 50,000 gallons or more in order to assess impacts from SSOs to surface waters. Sample Collection Timing The Program Manager will determine when the field crew will be mobilized to sample the receiving water. Sampling must be conducted within 48 hours after initial Category 1 SSO and spill volume notification. The monitoring coordinator will target daylight sampling within the first 24 hours of the SSO notification, but sample timing may be shifted due to safety and logistical issues. Sampling will not be conducted if there are any concerns regarding field crew safety. These concerns may include heavy rain events, which compromise access points through flooding and swift currents. Thunderstorms will also be avoided when lightning is occurring. Sampling will only be conducted if there are at least two members of the field crew team available. Repeat sampling daily from time the spill is known until the results of two consecutive sets of samples indicate the return to the normal level or cessation of monitoring is authorized by the County Environmental Health Department. Sampling Locations The Program Manager is responsible for determining the sampling locations. Ideally, the 5 locations in the figure below will be sampled. This example is provided for illustrative purposes only. Each sampling event is based on the geography, drainage and interference factors (i.e. birds, animals, runoff, etc.) of the area impacted. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 At a minimum, sampling will occur where a) the SSO enters the surface water body, b) 50 feet upstream of the entry point, and c) 10’ downstream of the entry point. Upon arrival at the monitoring sites, the Field Crew will determine the best locations to sample by assessing the hydrology of the receiving water and any safety precautions. The Field Crew should look for locations where the receiving water can easily be entered or sampled mid-channel by a grab pole. The downstream location(s) will be determined from visual monitoring and estimated spill travel time. Further field crew instructions are listed in the Field Sampling Kit Form FS-1. Equipment Preparation The Field Crew maintains a sampling kit with the necessary supplies to conduct a monitoring event. Below is a list the equipment and supplies that are included in the sampling kit. • Cooler w/ice pack • Latex gloves • Safety glasses • 2 ammonia-nitrogen sample bottles (1pt bottle w/H2SO4) • 20 Sample bottle labels • Waterproof Pen (i.e. Sharpie®) • 10 Enterococcus sample bottles (100ml sterilized bottle) © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 • Combination temperature/pH meter • Extra batteries for temperature/pH meter • Chain of Custody form Sampling Containers The Field Crew will be provided with a supply of sampling bottles for at least 3 events. Additional bottles can be provided by the Water Quality Control Plant laboratory as needed. Bottles need to be replaced if they are unused for six months. The table below notes the required bottle types, sample volumes, and preservatives for the required ammonia and enterococcus samples. Constituents to be Analyzed, Sample Volume Required, and Sample Type Constituent Optimum Vol. Min. Vol. Collection Method Bottle Type Preservation Ammonia (NH3) 500 mL 200 mL Direct Fill 500 mL Plastic H2SO4, <6° C Enterococcus 100 mL 100 mL Direct Fill 100 mL Sterile Plastic Na2S2O3, <10°C Field Meter Calibration All field meters will be properly calibrated and maintained by the Field Crew. Calibrations will be performed according to the methods and frequency recommended by the equipment manufacturer. When calibrating the instruments, the Field Crew will document all pertinent information in a Calibration Log (FS-3) included in the Field Sampling Kit and keep it with the rest of the project documentation. Spill Travel Time When the Field Crew arrives at the downstream monitoring site, they will estimate spill travel time by calculating travel time within enclosed storm drains (distance traveled/ initial spill rate) and within open surface waters. Travel time within the open surface waters can be estimated by observing floating debris. 1. The Field Crew members will stand on the edge of the channel, 30 feet apart. 2. The Field Crew member standing upstream will indicate when a large piece of debris passes their point. At this time the Field Crew member standing downstream will start timing. If there isn’t any large debris floating in the surface water, the upstream Field Crew member can use a nearby stick or other buoyant object. 3. Once the same piece of debris passes the downstream Field Crew member, they will stop timing and calculating the velocity (ft/sec) by dividing 30 feet by the number of seconds it took for the debris to travel that length. Sample Collection Methods Sample collection methods will vary depending on the surface water and the safety of the Field Crew. The following instructions should be taken into consideration by Field Crew: © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 • Collect all samples against the direction of the water flow (face upstream) • Collect upstream sample first • Collect samples well away from the bank (preferably where water is visibly flowing) and 6” below the surface • Avoid sampling debris or scum layer from the surface • Avoid disturbing sediment from streambed, and do not include it in the sample bottle • Photograph evidence of water quality impacts (debris, dead fish, etc.) • Remove sample bottle cap immediately before collecting each sample • Do not allow inside of the sample bottle cap to touch anything • Clean, powder-free, nitrile gloves will be worn for all bottle handling • Samples should be placed on ice immediately after sample is collected The direct fill sample collection method is the preferred sampling method, since it does not use an intermediate container. In cases where the direct fill method cannot be used due to accessibility or safety an intermediate bottle and a grab pole can be used. Direct Fill Sample Collection The direct fill sample collection method will be used in cases where the surface water can be entered safely by the Field Crew. Field Crew will wear waders and ensure that the water level and velocity of the surface water are low enough to provide a safe entry and sampling environment. Ammonia and enterococcus sample bottles will be filled by direct submersion to approximately mid-depth as follows. 1. Wade to approximately the area of the water body with the highest flow rate and face upstream. This will most likely be midstream, but can be in a different portion of the stream, depending on the hydrology. 2. Submerge the sample bottle with its cap on to approximately mid-depth at a location of significant flow (avoid stagnant water). Hold the bottle upright under the surface while it is still capped. 3. Open the lid carefully just a little to let water run in. Fill the bottle and screw the cap tightly while the bottle is still underneath the surface. 4. Remove bottle from stream and place on ice. Intermediate Container Sample Collection If the flow, water level and/or access point are deemed unsafe then an intermediate bottle attached to a grab pole will be used for sample collection. A clean, new intermediate bottle will be used for each sampling event and sampling site. Ammonia and bacteriological sample bottles will be filled by intermediate container sample collection as follows: 1. Attach the intermediate bottle to an expandable pole using tape or cable ties and remove lid. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 2. Submerge the intermediate bottle, attached to expandable pole, to approximately mid-depth at a location of significant flow (avoid stagnant water). 3. Remove bottle from water and empty contents downstream. Repeat this twice more, for a total of three rinses. 4. Once the intermediate bottle is properly rinsed, return it to approximately mid-depth at a location of significant flow (avoid stagnant water). 5. Using the intermediate bottle, fill the bacteriological sample container and then the ammonia bottle. Ensure that bottle does not overflow and that the preservative stays in the sample container. 6. After bottle is filled, replace bottle lid, and place on ice. Sample Handling and Custody The Field Crew will ensure that all samples are collected and submitted to the Water Quality Control Plant Laboratory as soon as possible, but no later than the maximum hold times listed below. If timing or logistics prevent a hold time being met, the Field Crew will contact the Program Manager. Constituent Hold Times and Analytical Methods Constituent Analytical Method1 Maximum Hold Times Ammonia (NH3) SM 4500-NH3-G 28 days Enterococcus 9230 D-2007 or Enterolert 8 hours Sample Bottle Labels The Field Crew will label all sample bottles with a waterproof label, which will contain the sample collection date and time, analyte, analysis method, station number and name, and Field Crew names. The the station identification protocols are below. Site Names for Sample Handling Station Number Station Name US-001 Surface Water Upstream ENTRY Surface Water Point of Entry DS-001 Surface Water Downstream DS-XXX1 Surface Water Downstream XXX1 1. Additional downstream monitoring sites will be labeled in sequential order starting from the SSO surface water point of entry. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 Example Sample Bottle Label City of South San Francisco Station Number - ____ Station Name - ____ Analyte – Analysis Method ________________ Date & Time:________ Collected by:__________ Transport All samples will be kept on ice from the time of collection to the time of receipt by laboratory personnel. It is imperative that all samples be analyzed within maximum holding times. Chain of Custody Form Chain-of-Custody Record Form FS-2 (COC) forms will be filled out by the Field Crew for all samples submitted to the laboratories. COCs will contain the following information: • Sampler name • Address (where the results will be sent) • To whom the laboratory results are being sent • Sample collection date and time • Sample location • Analysis method requested • Sample container type • Comments/special instructions • Samples relinquished by (signature, print name, date) • Samples received by (signature, print name, date) 6.8.3 SSO Technical Report The City will submit an SSO Technical Report in the CIWQS Online SSO Database within 45 calendar days of the SSO end date for any SSO in which 50,000 gallons or greater are spilled to surface waters. This report, which does not preclude the Water Boards from requiring more detailed analyses if requested, shall include at a minimum, the following: Causes and Circumstances of the SSO: • Complete and detailed explanation of how and when the SSO was discovered. • Diagram showing the SSO failure point, appearance point(s), and final destination(s). © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 • Detailed description of the methodology employed and available data used to calculate the volume of the SSO and, if applicable, the SSO volume recovered. • Detailed description of the cause(s) of the SSO. • Copies of original field crew records used to document the SSO. • Historical maintenance records for the failure location. City’s Response to SSO: • Chronological narrative description of all actions taken by the City to terminate the spill. • Explanation of how the SSMP Overflow Emergency Response Plan was implemented to respond to and mitigate the SSO. • Final corrective action(s) completed and/or planned to be completed, including a schedule for actions not yet completed. Water Quality Monitoring: • Description of all water quality sampling activities conducted including analytical results and evaluation of the results. • Detailed location map illustrating all water quality sampling points. 6.9 Recovery and Cleanup The recovery and cleanup phase immediately begins when the flow has been restored and the spilled sewage has been contained to the extent possible. The SSO recovery and cleanup procedures are: 6.9.1 Estimate the Volume of Spilled Sewage Use the methods outlined in the SSO Response Field Documentation Form and/or the Field Guide to estimate the volume of the spilled sewage. Wherever possible, document the estimate using photos of the SSO site before and during the recovery operation. 6.9.2 Recovery of Spilled Sewage Vacuum up and/or pump the spilled sewage and discharge it back into the sanitary sewer system. 6.9.3 Clean-up and Disinfection Clean up and disinfection procedures should be implemented to reduce the potential for human health issues and adverse environmental impacts that are associated with an SSO event. The procedures described are for dry weather conditions and should be modified as required for wet weather conditions. Where cleanup is beyond the capabilities of City staff, a cleanup contractor will be used. Private Property City crews are responsible for the cleanup when the property damage is minor in nature and is outside of private building dwellings. In all other cases, affected property owners can call a water damage restoration contractor to complete the cleanup and restoration. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 If the overflow into property is the definite cause of City system failure, the property owner can call out a water damage restoration contractor to complete the cleanup and restoration. In both cases, City claim forms may be issued if requested by the property owners. Hard Surface Areas Collect all signs of sewage solids and sewage-related material either by protected hand or with the use of rakes and brooms. Wash down the affected area with clean water until the water runs clear. Take reasonable steps to contain and vacuum up the wastewater. Allow area to dry. Repeat the process if additional cleaning is required. Landscaped and Unimproved Natural Vegetation Collect all signs of sewage solids and sewage-related material either by protected hand or with the use of rakes and brooms. Wash down the affected area with clean water until the water runs clear. The flushing volume should be approximately three times the estimated volume of the spill. Either contain or vacuum up the wash water so that none is released. Allow the area to dry. Repeat the process if additional cleaning is required. Natural Waterways The Department of Fish and Wildlife will be notified by CalOES as appropriate in the event of: • Fish kill • SSO greater than or equal to 1,000 gallons Fish and Wildlife will provide the professional guidance needed to effectively clean up spills that occur in these sensitive environments. Clean up should proceed quickly in order to minimize negative impact. Sewage causes depletion of dissolved oxygen, which will kill aquatic life. Any water that is used in the cleanup should be de-chlorinated prior to use. Wet Weather Modifications Omit flushing and sampling during heavy storm events (i.e., sheet of rainwater across paved surfaces) with heavy runoff where flushing is not required and sampling would not provide meaningful results. 6.10 Public Notification Signs will be posted and barricades put in place to keep vehicles and pedestrians away from contact with spilled sewage. County Environmental Health instructions and directions regarding placement and language of public warnings will be followed. Additionally, the Program Manager will use his/her best judgment regarding supplemental sign placement in order to protect the public and local environment. Signs will not be removed until directed by County Environmental Health, Program Manager, or designee. Creeks, streams and beaches that have been contaminated as a result of an SSO will be posted at visible access locations until the risk of contamination has subsided to acceptable background bacteria levels. The warning signs, once posted, will be checked every day to ensure that they are still in place. Photographs of sign placement will be taken. In the event that an overflow occurs at night, the location should be inspected first thing the following day. The field crew should look for any signs of sewage solids and sewage-related material that may warrant additional cleanup activities. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 When contact with the local media is deemed necessary, the Director of Public Works will provide the media with all revelvant information. 6.11 Failure Analysis Investigation The objective of the failure analysis investigation is to determine the “root cause” of the SSO and to identify corrective action(s) needed that will reduce or eliminate future potential for the SSO to recur. The investigation should include reviewing all relevant data to determine appropriate corrective action(s) for the line segment. The investigation should include: • Reviewing and completing the Sewer Overflow Report, • Reviewing the incident timeline and other documentation regarding the incident, • Reviewing communications with the reporting party and witness. • Review volume estimate, volume recovered estimate, volume estimation assumptions and associated drawings, • Reviewing available photographs, • Interviewing staff that responded to the spill. • Reviewing past maintenance records, • Reviewing past CCTV records, • Conducting a CCTV inspection to determine the condition of the line segment immediately following the SSO and reviewing the video and logs, • Reviewing any FOG related information or results The product of the failure analysis investigation should be the determination of the root cause and the identification of the corrective actions. The Collection System Failure Analysis Form should be used to document the investigation. 6.12 Post SSO Event Debriefing Every SSO event is an opportunity to evaluate the response and reporting procedures. Each overflow event is unique, with its own elements and challenges including volume, cause, location, terrain, and other parameters. As soon as possible after Category 1 and Category 2 SSO events, all of the participants, from the person who received the call to the last person to leave the site, should meet to review the procedures used and to discuss what worked and where improvements could be made in responding to and mitigating future SSO events. The results of the debriefing should be recorded and tracked to ensure the action items are completed. 6.13 Notification, Reporting, Monitoring and Recordkeeping Requirements In accordance with the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (SSS WDRs), the City of South San Francisco maintains records for each sanitary sewer overflow. Records include: • Documentation of response steps and/or remedial actions © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 • Photographic evidence to document the extent of the SSO, field crew response operations, and site conditions after field crew SSO response operations have been completed. The date, time, location, and direction of photographs taken will be documented. • Documentation of how any estimations of the volume of discharged and/or recovered overflow were calculated ELEMENT REQUIREMENT METHOD NOTIFICATION Within two hours of becoming aware of any Category 1 SSO greater than or equal to 1,000 gallons discharged to surface water or spilled in a location where it probably will be discharged to surface water, the City will notify the California Office of Emergency Services (CalOES) and obtain a notification control number. Call Cal OES at: (800) 852-7550 REPORTING • Category 1 SSO: The City will submit draft report within three business days of becoming aware of the SSO and certify within 15 calendar days of SSO end date. • Category 2 SSO: The City will submit draft report within 3 business days of becoming aware of the SSO and certify within 15 calendar days of the SSO end date. • Category 3 SSO: The City will submit certified report within 30 calendar days of the end of month in which SSO the occurred. • SSO Technical Report: The City will submit within 45 calendar days after the end date of any Category 1 SSO in which 50,000 gallons or greater are spilled to surface waters. • “No Spill” Certification: The City will certify that no SSOs occurred within 30 calendar days of the end of the month or, if reporting quarterly, the quarter in which no SSOs occurred. • Collection System Questionnaire: The City will update and certify every 12 months Enter data into the CIWQS Online SSO Database 1 (http://ciwqs.waterboards.ca.g ov/), certified by the Legally Responsible Official(s)2. All information required by CIWQS will be captured in the Sanitary Sewer Overflow Report. Certified SSO reports may be updated by amending the report or adding an attachment to the SSO report within 120 calendar days after the SSO end date. After 120 days, the State SSO Program Manager must be contacted to request to amend an SSO report along with a justification for why the additional information was not available prior to the end of the 120 days. WATER QUALITY MONITORING The City will conduct water quality sampling within 48 hours after initial SSO notification for Category 1 SSOs in which 50,000 gallons or greater are spilled to surface waters. Water quality results will be uploaded into CIWQS for Category 1 SSOs in which 50,000 gallons or greater are spilled to surface waters. RECORD KEEPING The City will maintain the following records: • SSO event records. • Records documenting Sanitary Sewer Management Plan (SSMP) implementation and changes/updates to the SSMP. • Records to document Water Quality Monitoring for SSOs of 50,000 gallons or greater spilled to surface waters. • Collection system telemetry records if relied upon to document and/or estimate SSO Volume. Self-maintained records shall be available during inspections or upon request. 1 In the event that the CIWQS online SSO database is not available, the General Manager will notify SWRCB by phone and will fax or e-mail all required information to the RWQCB office at (510) 622-2460 in accordance with the time schedules identified above. In such an event, the District will submit the appropriate reports using the CIWQS online SSO database when the database becomes available. A copy of all documents that certify the submittal in fulfillment of this section shall be retained in the SSO file. 2 The City always has at least one LRO. Any change in the LRO(s) including deactivation or a change to contact information, will be submitted to the SWRCB within 30 days of the change by calling (866) 792-4977 or emailing help@ciwqs.waterboards.ca.gov. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 For reporting purposes, if one SSO event of whatever category results in multiple appearance points in a sewer system, a single SSO report is required in CIWQS that includes the GPS coordinates for the location of the SSO appearance point closest to the failure point, blockage or location of the flow condition that cause the SSO, and descriptions of the locations of all other discharge points associated with the single SSO event. 6.14 Complaint Records The City maintains records of all complaints received whether or not they result in sanitary sewer overflows. These complaint records include: • Date, time, and method of notification • Date and time the complainant or informant first noticed the SSO • Narrative description describing the complaint • A statement from the complainant or informant, if they know, of whether or not the potential SSO may have reached waters of the state • Name, address, and contact telephone number of the complainant or informant reporting the potential SSO (if not reported anonymously) • Follow-up return contact information for each complaint received (if not reported anonymously) • Final resolution of the complaint • Work service request information used to document all feasible and remedial actions taken The City’s work orders serve as complaint records. The procedure is as follows: 1. During business hours City Works CMMS takes the call and generates a service request. The Sewer Crew generates a work order, which is forwarded to the Program Manager. 2. After hours the sewer crew generate the work order, which is forwarded to the Program Manager. 3. The Program Manager closes out all work orders. All complaint records will be maintained in City Works for a minimum of five years whether or not they result in an SSO. 6.15 Equipment This section provides a list of specialized equipment that is required to support this Overflow Emergency Response Plan. Closed Circuit Television (CCTV) Inspection Unit – A CCTV Inspection Unit is required to determine the root cause for all SSOs from gravity sewers. • Camera -- A digital or disposable camera is required to record the conditions upon arrival, during clean up, and upon departure. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 • Emergency Response Trucks -- A utility body pickup truck, or open bed is required to store and transport the equipment needed to effectively respond to sewer emergencies. The equipment and tools should include containment and clean up materials. • Portable Generators, Portable Pumps, Piping, and Hoses – Equipment used to bypass pump, divert, or power equipment to mitigate an SSO. • Combination Sewer Cleaning Trucks -- Combination high velocity sewer cleaning trucks with vacuum tanks are required to clear blockages in gravity sewers, vacuum spilled sewage, and wash down the impacted area following the SSO event. The following equipment may be necessary in the event of a sanitary sewer overflow or backup: Equipment Standard Operating Procedure Location 6.16 SSO Response Training This section provides information on the training that is required to support this Overflow Emergency Response Plan. 6.16.1 Initial and Annual Refresher Training All City personnel who may have a role in responding to, reporting, and/or mitigating a sewer system overflow should receive training on the contents of this OERP. All new employees should receive training before they are placed in a position where they may have to respond. Current employees should receive annual refresher training on this plan and the procedures to be followed. Affected employees will receive annual training on the following topics by knowledgeable trainers: • The City’s Overflow Emergency Response Plan • SSO Volume Estimation Techniques • Researching and documenting SSO Start Times • Impacted Surface Waters: Response Procedures • SWRCB Employee Knowledge Expectations © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 • Employee Core Competency Evaluations The City will verify that annual safety training requirements are current for each employee, and that employees are competent in the performance of all core competencies. This will be verified through electronic testing, interviews and observations. The City will address, through additional training/instruction, any identified gaps in required core competencies. Through SWRCB Employee Knowledge Expectations training the employee should be able to answer the following: • Please briefly describe your name and job title. • Please describe for us approximately when you started in this field and how long you have worked for your agency. • Please expand on your current position duties and role in responding in the field to any SSO complaints. • Please describe your SOPs used to respond/mitigate SSOs when they occur. • Describe any training your agency provides or sends you to for conducting spill volume estimates. • We are interested in learning more about how your historical SSO response activities have worked in the field. We understand from discussions with management earlier that you use the OERP from the SSMP. Please elaborate on how you implement and utilize the procedures in the plan. • Historically, before any recent changes, can you please walk us through how you would typically receive and respond to any SSO complaints in the field? • Can you tell us who is responsible for estimating SSO volumes discharged? If it is you, please describe how you go about estimating the SSO volume that you record on the work order/service request forms? • What other information do you collect or record other than what is written on the work order form? • Describe if and when you ever talk with people that call in SSOs (either onsite or via telephone) to further check out when the SSO might have occurred based on what they or others know? If you do this, can you tell us where this information is recorded? • We understand you may be instructed to take pictures of some sewer spills/backups into structures. Other than these SSOs, when else would you typically take any pictures of an SSO? • Please walk us through anything else you’d like to add to help us better understand how your field crews respond and mitigate SSO complaints. 6.16.2 SSO Response Drills Periodic training drills should be held to ensure that employees are up to date on these procedures, equipment is in working order, and the required materials are readily available. The training drills will cover scenarios typically observed during sewer related emergencies (e.g. mainline blockage, mainline failure, force main failure, pump station failure, and lateral blockage). The results and the observations during the drills will be recorded and action items should be tracked to ensure completion. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 6.16.3 SSO Training Record Keeping Records should be kept of all training that is provided in support of this plan. The records for all scheduled training courses and for each overflow emergency response training event and will include date, time, place, content, name of trainer(s), and names of attendees. 6.16.4 Contractors Working On City Sewer Facilities All contractors working on City sewer facilities will be required to develop a project-specific OERP. All contractor personnel will be required to receive training in the contractor’s OERP and to follow that OERP in the event that they cause or observe an SSO. 6.17 Authority • Health & Safety Code Sections 5410-5416 • CA Water Code Section 13271 • Fish & Wildlife Code Sections 5650-5656 • State Water Resources Control Board Order No. 2006-0003-DWQ © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Contractor Orientation The following procedures are to be followed in the event that you cause or witness a Sanitary Sewer Overflow. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 What? Where? Why? How to avoid them and what to do if you don’t A sanitary sewer overflow (SSO) is a discharge of untreated human and industrial waste before it reaches the wastewater treatment facility. SSOs usually occur through manholes, plumbing fixtures and service cleanouts. SSOs are usually caused by grease, debris, root balls, or personal hygiene products blocking the sewer lines, or by unusually high flow volume. …when clearing plugged sewer laterals: Remove root balls, grease blockages and any other debris from the sewer If you can’t prevent root balls, grease or debris from entering the sewer main, call us at (650) 877-8550, so we can work with you to remove the blockage and prevent blockages further downstream Use plenty of water to flush lines. City of South San Francisco Public Works 550 N. Canal, South San Francisco, CA 94080 www.ssf.net Sanitary Sewer Overflows If you cause or witness an SSO, immediately contact: City of South San Francisco (650) 877-8550 …when constructing or repairing sewer laterals: Contact Building Permit Information at (650) 829-6670 for a permit and lateral specifications. Check your work area. Make sure there is no debris left in the sewer line before you backfill. Avoid offset joints, which may make sewer lines vulnerable to root intrusion and grease or debris accumulation. Properly bed your joints and don’t hammer tap. How to prevent SSOs: What? Where? Why? How to avoid them and what to do if you don’t A sanitary sewer overflow (SSO) is a discharge of untreated human and industrial waste before it reaches the wastewater treatment facility. SSOs usually occur through manholes, plumbing fixtures and service cleanouts. SSOs are usually caused by grease, debris, root balls, or personal hygiene products blocking the sewer lines, or by unusually high flow volume. …when clearing plugged sewer laterals: Remove root balls, grease blockages and any other debris from the sewer If you can’t prevent root balls, grease or debris from entering the sewer main, call us at (650) 877-8550, so we can work with you to remove the blockage and prevent blockages further downstream Use plenty of water to flush lines. City of South San Francisco Public Works 550 N. Canal, South San Francisco, CA 94080 www.ssf.net Sanitary Sewer Overflows …when constructing or repairing sewer laterals: Contact Building Permit Information at (650) 829-6670 for a permit and lateral specifications. Check your work area. Make sure there is no debris left in the sewer line before you backfill. Avoid offset joints, which may make sewer lines vulnerable to root intrusion and grease or debris accumulation. Properly bed your joints and don’t hammer tap. How to prevent SSOs: If you cause or witness an SSO, immediately contact: City of South San Francisco (650) 877-8550 © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 Sanitary Sewer Overflows How to avoid them and what to do if you don’t City of South San Francisco Public Works 550 N. Canal South San Francisco, CA 94080 (650) 877-8550 …when constructing or repairing sewer laterals: Contact Building Permit Information at (650) 829- 6670 for a permit and lateral specifications. Check your work area. Make sure there is no debris left in the sewer line before you backfill. Avoid offset joints, which may make sewer lines vulnerable to root intrusion and grease or debris accumulation. Properly bed your joints and don’t hammer tap. What? Where? Why? A sanitary sewer overflow (SSO) is a discharge of untreated human and industrial waste before it reaches the wastewater treatment facility. SSOs usually occur through manholes, plumbing fixtures and service cleanouts. SSOs are usually caused by grease, debris, root balls, or personal hygiene products blocking the sewer lines, or by unusually high flow volume. …when clearing plugged sewer laterals: Remove root balls, grease blockages and any other debris from the sewer If you can’t prevent root balls, grease or debris from entering the sewer main, call us at (650) 877- 8550, so we can work with you to remove the blockage and prevent blockages further downstream Use plenty of water to flush lines. How to prevent SSOs: If you cause or witness an SSO, immediately contact: City of South San Francisco (650) 877-8550 © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Extreme Weather/Natural Disaster Planning: HIGH PRIORITY ASSETS The following assets need to be monitored and inspected prior to, during, and following an extreme weather event or natural disaster: Critical Asset Location Access issues Description of what to monitor and inspect © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Vendor Contact Information Page 1 of 2 The following vendors provide services related to overflow emergency response. Service/Vendor Call: At: Equipment Rental 3 T Equipment (707) 543-8555 Weco Industries, Gordon White (707) 738-4911 Cresco Equipment Rental, Burlingame (650) 347-4660 Sunbelt – Livermore (925) 455-5710 Bayside Equipment Company (650) 368-3955 Backhoe/Excavation Interstate Paving and Grading (650) 952-7333 JMB Construction, Inc. (650) 267-5300 Express Plumbing (650) 343-9477 Pump Repair Peninsula Pump & Equipment, Inc (650) 343-1940 Jim Sedlack Pump Repair Service (415) 467-2150 Environmental/HazMat Clean Harbors of San Jose, LLC (408) 441-0962 PSC (i.e. Newalta) (877) 748-3040 (24hr) (707) 748-3040 (non-emergency) (800) 567-7455 Veolia Environmental (800) 325-2382 (24hr) Clearwater Environmental (800) 499-3676 (24hr) Response/Spills to Waterways NRC Environmental (i.e. Foss) (800) 337-7455 (24hr) (510) 749-1390 Traffic Signals or Street Lights Caltrans (415) 330-6500 (M-F 7am-4pm) (510) 286-6359 (after hours) Cal-West Lighting and Signal Maintenance (24 hrs service) (408) 640-7796 (cell) PG&E (800) 743-5002 Restoration/Remediation Service Master Disaster Restoration (650) 299-9080 Ideal Restoration (800) 379-6881 Olympic Restoration (650) 244-4111 Emergency Service Restoration, Inc. (800) 577-7537 © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Vendor Contact Information Page 2 of 2 Construction Interstate Paving and Grading (650) 952-7333 M Squared Construction (415) 661-6902 Smelly Mel’s Plumbing (800) 508-3724 Preston Pipelines (408) 262-1418 Pacific Liners (707) 446-8222 S.G. Barber Construction, Inc. (650) 591-9851 JMB Construction, Inc. (650) 267-5300 West Valley Construction (650) 364-9464 DRYCO Construction, Inc. (510) 713-6500 or (800) 378-2177 Luciano Construction, Inc. (650) 366-7636 (phone) (650) 520-1251 (cell) Lattin Construction, Dean (650) 592-0311 Manuel Raposo Construction (650) 759-5821 (cell) Spencon Construction, Inc. (925) 984-2581 or (650) 222-0851 Rock/Sand/Concrete Bayside Building Materials (650) 349-5141 Harbor Ready Mix (650) 365-4811 Broadmore Landscape Materials (650) 761-1515 Benedetti Concrete (650) 347-5759 Burch Brothers (650) 345-7919 Pacific Restructuring (510) 440-9494 Trucking Interstate Paving and Grading (650) 952-7333 Gemignani Trucking (650) 333-5962 RIPRAP Langley Hill Quarry (650) 851-0179 © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan City Resources Contact Information Function Contact Telephone Police – Non-Emergency SSF Police Department (650) 877-8900 Police Dispatch – Emergency SSF Police Department (650) 877-8670 Fire – Non-Emergency SSF Fire Department (650) 829-3950 Fire – Emergency SSF Fire Department Technical Support Information Tech. Department (650) 829-3915 Street/Sewer Maintenance SSF Public Works (650) 877-8550 Generator/Fleet Maintenance SSF Public Works (650) 877-8553 Tree/Park Maintenance SSF Parks and Facilities (650) 829-3837 Environmental Compliance Water Quality (650) 877-8555 Engineering Engineering (650) 829-6652 © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 REGULATORY NOTIFICATIONS PACKET © DKF Solutions Group 2013-2012 All rights reserved. Rev. 8-6-12 Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Regulatory Notifications Packet Instructions: 1. Receive call from on-site Sewer Crew reporting a Sanitary Sewer Overflow. 2. Open this packet. 3. Refer to the Regulatory Reporting Guide for instructions. 4. Use the SSO Reporting Checklist (RN-2) for the appropriate category of spill to document that all notifications are made according to the reporting schedule. Contents: Form Page Number Regulatory Reporting Guide ........................................... RN-1 Reporting Checklist ....................................................... RN-2 RWQCB Notification Fax ................................................ RN-3 Print on 6”x9” envelope © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Regulatory Notifications Packet Regulatory Reporting Guide RN-1 Side A Reporting Instructions Deadline See reverse side for definitions of the categories of spills of untreated or partially treated wastewater from publically owned sanitary sewer system Spill from Private Lateral Category 1 Category 2 Category 3 2 hours after awareness of SSO If SSO is greater than or equal to 1,000 gallons, call CalOES at (800) 852-7550. - - - 48 Hours after awareness of SSO If 50,000 gal or more were not recovered, begin water quality sampling and initiate impact assessment - - - 3 Days after awareness of SSO Submit Draft Spill Report in the CIWQS* database Submit Draft Spill Report in the CIWQS* database - - 15 Days after response conclusion Certify Spill Report in CIWQS*. Update as needed until 120 days after SSO end time Certify Spill Report in the CIWQS* database. Update as needed until 120 days after SSO end time - - 30 Days after end of calendar month in which SSO occurred - - Certify Spill Report in the CIWQS* database. Update as needed until 120 days after SSO end time - 45 days after SSO end time If 50,000 gal or more were not recovered, submit SSO Technical Report using CIWQS* - - - * In the event that the CIWQS online SSO database is not available, do the following until the CIWQS online SSO database becomes available: (See contact information on Side B) 1. Make required notifications to the San Francisco Regional Water Quality Control Board (SFRWQCB office) using RN-3, and 2. Notify the State Water Resources Control Board (SWRCB) by phone or email Note: For reporting purposes, if one SSO event results in multiple appearance points, complete one SSO report in the CIWQS SSO Online Database, and report the location of the SSO failure point, blockage or location of the flow condition that caused the SSO, in the CIWQS SSO Online Database, including all the discharge points associated with the SSO event. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Regulatory Notifications Packet Regulatory Reporting Guide RN-1 Side B Definitions of Spill Categories The response crew will complete the SSO Report form in the SSO Packet to document how the category was determined. Category Definition Category 1: Discharge of untreated or partially treated wastewater of any volume resulting from a sanitary sewer system failure or flow condition that either: • Reaches surface water and/or drainage channel tributary to a surface water; or • Reached a Municipal Separate Storm Sewer System (MS4) and was not fully captured and returned to the sanitary sewer system or otherwise captured and disposed of properly. Category 2: Discharge of untreated or partially treated wastewater greater than or equal to 1,000 gallons resulting from a sanitary sewer system failure or flow condition that either: • Does not reach surface water, a drainage channel, or an MS4, or • The entire SSO discharged to the storm drain system was fully recovered and disposed of properly. Category 3: All other discharges of untreated or partially treated wastewater resulting from a sanitary sewer system failure or flow condition Authorized Personnel All City personnel are authorized to perform regulatory reporting. The City’s Legally Responsible Official (LRO) is authorized to electronically sign and certify SSO reports in CIWQS: LRO Name Job Title Telephone Eunejune Kim Director of Public Works (650) 877-8550 Dave Bockhaus Deputy Director (650) 877-8550 Louis Langi Program Manager (650) 877-8550 Brian Schumacker WQCP Plant Superintendent (650) 877-8555 Matt Powleson Maintenance Supervisor (650) 877-8550 © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Regulatory Notifications Packet Category 1 SSO Reporting Checklist RN-2a Use this Checklist for Category 1 SSOs only STEP 1: Receive call from crew. Confirm whether or not they have notified CalOES. If so, complete the information in Step 2. STEP 2: 2-hour Notification If SSO is greater than or equal to 1,000 gallons, notify CalOES within 2 hours of the time the agency was notified of the spill: Notify CalOES at (800) 852-7550: o Date Called: o Time called: : ☐AM ☐PM o CalOES Control number: STEP 3: Within 48-Hours after awareness of SSO Only if 50,000 gallons or more was not recovered, implement Water Quality Monitoring Plan. STEP 4: Within 3 Days after awareness of SSO Submit a Draft Spill Report using the CIWQS online reporting database. STEP 5: Within 15 Days after response conclusion Certify the Spill Report using the CIWQS online reporting database. Updates to the Spill Report may be made for up to 120 days following the conclusion of the SSO Response. STEP 6: Within 45 Days after SSO end time Within 45 days after the conclusion of the SSO Response, submit an SSO Technical Report using the CIWQS online reporting database only if 50,000 gallons or more was spilled to surface waters. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Regulatory Notifications Packet Category 2 & 3 SSO Reporting Checklist RN-2b Use this Checklist for Category 2 and 3 SSOs only STEP 1: Receive call from crew. STEP 2: Submit Draft Spill Report (Category 2 only) Submit a Draft Spill Report using the CIWQS online reporting database within 3 days after awareness of Category 2 SSO. STEP 3: Certify Spill Report Certify the Spill Report using the CIWQS online reporting database: • Category 2 SSO: Within 15 days after the conclusion of the response • Category 3 SSO: Within 30 days after the end of the calendar month in which the SSO occurred Updates to the Spill Report may be made for up to 120 days following the conclusion of the SSO Response. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Regional Water Quality Control Board Notification Fax RN-3 NOTE TO SSF Staff: Only use this form in the event that the CIWQS online SSO database is not available FAX TO: San Francisco Regional Water Quality Control Board Date: Fax Number: (510) 622-2460 # Pages: FROM: City of South San Francisco Telephone: (650) 877-8550 Fax: (650) 877-8665 Address of SSO: City: County: Date/Time: SSO Start Time: SSO Stop Time: Volume of SSO: Volume Recovered: Final Disposition: Affected Water Body: Samples Collected? ☐YES ☐NO Taken to: Crew Members: Agencies Notified Number(s) Contact Time Date CalOES (800) 852-7550 ☐YES ☐NO CIQWS ☐YES ☐NO OTHER: © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 BACKUP PACKET © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Backup Response Flowchart BP-1 Side A © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Backup Response Flowchart BP-1 Side B © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 In the event of a Sewer Backup into a home/business READ THIS FIRST Trigger Contact Immediately Telephone For all backups into/onto private property possibly due to problems in the public sewer Program Manager (650) 877-8550 For restoration/remediation ABAG Plan, Bruce Carey (510) 464-7946 For any media requests Public Works Director (650) 877-8550 City of South San Francisco Sanitary Sewer Overflow and Backup Response Plan 1.Open this envelope. 2.Follow instructions on BP-1 Backup Response Flowchart. 3.If Category 1 SSO greater than or equal to 1,000 gallons, contact CalOES at (800) 852-7550. 4.If the backup appears to be due to a failure in the City-owned sewer line & the customer is home, give them the Customer Service Packet and have them initial this envelope below: Customer acknowledges receipt of Customer Service Packet: _____ If customer is not home, complete the Door Hanger and hang it on the customer’s door. 5.Complete the Chain of Custody record (right) and forward this packet to the Program Manager. Program Manager 1.Open this envelope. Review forms. 2.Complete the Regulatory Notifications Packet 3.Complete the Claims Submittal Checklist (enclosed) 4.Copy all items on the Claims Submittal Checklist for internal archiving and forward the originals to the Finance Department. 5.Debrief using the Collection System Failure Analysis Form. Finance Department Refer to Claims Handling Procedure Summary Print Name Initial Date Time Print Name Initial Date Time Chain of Custody Instructions Sewer Crew © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Packet Table of Contents BP Form Form Number Instructions and Chain of Custody .................................................... envelope label Backup Response Flowchart ............................................................................ BP-1 First Responder Form ...................................................................................... BP-2 Sewer Overflow Report .................................................................................... BP-3 Lateral TV Report ............................................................................................. BP-4 Collection System Failure Analysis Form ......................................................... BP-5 Claims Submittal Checklist ............................................................................... BP-6 Customer Service Packet Instructions ..................................................................................... envelope Customer Information ............................................................................ CS-1 Claim Form ............................................................................................ CS-2 Sewer Spill Reference Guide.......................................................... pamphlet Regulatory Notifications Packet Instructions ..................................................................................... envelope Regulatory Reporting Guide .................................................................. RN-1 Category 1 SSO Reporting Checklist .................................................. RN-2a Category 2 & 3 SSO Reporting Checklist ............................................ RN-2b Door Hanger ........................................................................................................ n/a Sewer Spill Reference Guide .................................................................... pamphlet For pre-assembled packets contact DKF Solutions Group at 707.373.9709 or losscontrol@sbcglobal.net © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Packet First Responder Form BP-2 Side A Fill out this form as completely as possible. Ask customer if you may enter the home. If so, take photos of damaged and undamaged areas. PERSON COMPLETING THIS FORM: PHONE: DATE: TIME: TIME STAFF ARRIVED ON-SITE: DID CUSTOMER CALL CLEANING CONTRACTOR? Yes No If YES, name of contractor: RESIDENT: PROPERTY MANAGERS: OWNER/TENANT: STREET ADDRESS: CITY, STATE AND ZIP: PHONE: STREET ADDRESS: CITY, STATE AND ZIP: PHONE: IS NEAREST UPSTREAM MANHOLE VISIBLY HIGHER THAN THE DRAIN THAT OVERFLOWED? Yes No # OF PEOPLE LIVING AT RESIDENCE: Approximate Age of Home: # of Bathrooms: # of Rooms Affected: Approximate Amount of Spill (gallons): Approximate Time Sewage Has Been Sitting (hrs/days): Numbers of Pictures Taken Digital or Film? Does property have a Property Line Cleanout? YES NO Unknown Does the Customer have a Backwater Prevention Device (BPD)? YES NO Unknown If yes, was the BPD operational at the time of the overflow? YES NO Unknown Have there ever been any previous spills at this location? YES NO Unknown Has the resident had any plumbing work done recently? If YES, please describe: YES NO GO TO SIDE B © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Packet First Responder Form BP-2 Side B SANITARY SEWER LINE BLOCKAGE LOCATION PLEASE CHECK THE BOX THAT DESCRIBES YOUR OBSERVATIONS Customer Cleanout Was: Public Cleanout was: Non - Existent Full Empty Non-Existent Full Empty Recommended Follow-Up Action(s): Place completed form in Sewer Backup Envelope and follow routing instructions Place an X where the blockage occurred Circle the areas where sewage overflowed/backed Affected House Upstream House Property Line Direction of Flow Manhole # Manhole Did sewage go under buildings? ☐ Yes ☐ No ☐ Unsure © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Packet Sanitary Sewer Overflow Report BP-3 Side A INSTRUCTIONS: Complete all items EXCEPT those that are shaded gray Spill Category (check one): Category 1: Discharge of untreated or partially treated wastewater of any volume resulting from a sanitary sewer system failure or flow condition that either (1) Reaches surface water and/or drainage channel tributary to a surface water; OR (2) Reached a Municipal Separate Storm Sewer System (MS4) and was not fully captured and returned to the sanitary sewer system or otherwise captured and disposed of properly. Category 2: Discharge of untreated or partially treated wastewater greater than or equal to 1,000 gallons resulting from a sanitary sewer system failure or flow condition that either (1) Does not reach surface water, a drainage channel, or an MS4, OR (2) The entire SSO discharged to the storm drain system was fully recovered and disposed of properly. Category 3: All other discharges of untreated or partially treated wastewater resulting from a sanitary sewer system failure or flow condition Spill from Private Lateral Describe in detail the basis for choosing the spill category: IMMEDIATE NOTIFICATION: If this is a Category 1 spill greater than or equal to 1,000 gallons, contact CalOES within 2 hours at (800) 852-7550. A. SPILL LOCATION Spill Location Name: Latitude Coordinates *: Longitude Coordinates: Street Name and Number: Nearest Cross Street: City: South San Francisco Zip Code: County: San Mateo Spill Location Description: B. SPILL DESCRIPTION Spill Appearance Point (check one or more): Building/Structure Force Main Gravity Sewer Pump Station Other Sewer System Structure (i.e. cleanout) Manhole- Structure ID#: Other (specify): Did the spill reach a drainage channel and/or surface water? Yes (Category 1) No If the spill reached a storm sewer, was it fully captured and returned to the Sanitary Sewer? Yes No (Category 1) Was this spill from a private lateral? Yes No If YES, name of responsible party: Discharged into: Ocean/ocean beach Waters of the state other than ocean Drainage channel Combined storm drain Separate storm drain Paved surface Unpaved surface Building/structure Street/curb/gutter Other: Provide name(s) of affected drainage channels, beach, etc.:____________________ Total Estimated spill volume (in gallons – 1,000gal or more = Category 1): gallons Est. volume that reached a separate storm drain that flows to a surface water body: gal Recovered: gal Est. volume that reached a drainage channel that flows to a surface water body: gal Recovered: gal Est. volume discharged directly to a surface water body: gal Recovered: gal Est. volume discharged to land: gal Recovered: gal Calculation Methods: Eyeball Photo Comparison Upstream Connections Area/Volume Lower Lateral Other (describe): NOTE: Attach all Spill Volume Estimation documentation including calculations and summary. C. SPILL OCCURRING TIME Estimated spill start date: Estimated spill start time: Date spill reported to sewer crew: Time spill reported to sewer crew: Date sewer crew arrived: Time sewer crew arrived: Who was interviewed to help determine start time? Estimated spill end date: Estimated spill end time: NOTE: Attach detailed start time determination documentation. * If multiple appearance points, use the GPS coordinates for the location of the SSO appearance point closest to the failure point/blockage. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Packet Sanitary Sewer Overflow Report BP-3 Side B D. CAUSE OF SPILL Location of Blockage: Main Lateral Private Lateral Other: SSO cause (check all that apply): Debris/Blockage Flow exceeded capacity Grease Operator error Roots Pipe problem/failure Pump station failure Rainfall exceeded design Vandalism Inflow/infiltration Animal carcass Electrical power failure Bypass Debris from laterals Construction Debris Other (specify): Diameter (in inches) of pipe at point of blockage/spill cause (if applicable): Sewer pipe material at point of blockage/spill cause (if applicable): Estimated age of sewer asset at the point of blockage or failure (if applicable): Description of terrain surrounding point of blockage/spill cause: Flat Mixed Steep E. SPILL RESPONSE Spill response activities (check all that apply): Cleaned up Contained all/portion of spill TV inspection Restored flow Returned all/portion of spill to sanitary sewer Other (specify): Spill response completed (date & time): Visual inspection result of impacted waters (if applicable): Any fish killed? Yes No Any ongoing investigation? Yes No Were health warnings posted? Yes No If yes, provide health warning/beach closure posting/details: Was there a beach closure? Yes No If yes, name of closed beach(es): Were samples of impacted waters collected? Yes No If YES, select the analyses: DO Ammonia Bacteria pH Temperature Other: Recommended corrective actions: (check all that apply and provide detail) Clean line again ASAP: CCTV: Re-CCTV: Additional work: Cleaning schedule change: Cleaning method change: Fog investigation: Repair line segment: Replace line segment: Additional comments: List all agency personnel involved in the response including name, title and their role in the response: Name Title Role F. NOTIFICATION DETAILS CalOES contacted date and time (if applicable): CalOES Control Number (if applicable): Spoke to: G. RECOMMENDED FOLLOW-UP ACTIONS TO PREVENT FUTURE OCCURRENCES CURRENT PM FREQUENCY: DATE OF LAST PM: RECOMMENDED ACTIONS: TV RE-RUN CHANGE CLEANING SCHEDULE REPAIR LINE SEGMENT REPLACE LINE SEGMENT OTHER (describe): NOTES: Place completed form in Sewer Backup Envelope and follow routing instructions. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Packet Lateral TV Report BP-4 PLEASE COMPLETE AS THOROUGHLY AS POSSIBLE PERSON COMPLETING THIS FORM: DATE: PHONE: CAMERA TYPE: LOCATION OF CAMERA ENTRY: LOCATION OF CAMERA STOP: DESCRIBE AREA TV’d: UPSTREAM MANHOLE #: AFFECTED PROPERTY STREET ADDRESS: CITY, STATE AND ZIP: PHONE PLEASE CHECK ALL THAT WERE DISCOVERED – Describe Extent & Location Using Camera Entry Point As Reference: Broken Lateral – Describe: Depth: Roots – Severity: ⃝ Light ⃝ Moderate ⃝ Heavy Grease – Severity: ⃝ Light ⃝ Moderate ⃝ Heavy Sag – Describe: Depth: BPD – Describe: Location: Cleanout – Describe: Location: Joint/Junction – Describe: Depth Grade – Describe: Grit – Severity: ⃝ Light ⃝ Moderate ⃝ Heavy Other – Describe: TIME OF OVERFLOW: TIME BLOCKAGE RELIEVED: TIME LATERAL TV’d: DEPTH OF LATERAL: RECOMMENDED FOLLOW UP WORK ACTIONS: Mark for USA location? ⃝ Yes ⃝ No Lateral Locations Marked in Green Paint? ⃝ Yes ⃝ No SIGNATURE OF EMPLOYEE PERFORMING TV WORK: DATE If applicable, place completed form in Sewer Backup Packet and follow routing instructions. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Collection System Failure Analysis BP-5 To be completed by the Program Manager Incident Report # Prepared By SSO/Backup Information Event Date/Time Address Volume Spilled Volume Recovered Cause Summary of Historical SSOs/Backups/Service Calls/Other Problems Date Cause Date Last Cleaned Crew Records Reviewed By Record Review Date Summary of CCTV Information CCTV Inspection Date Tape Name/Number CCTV Tape Reviewed By CCTV Review Date Observations Recommendations No Changes or Repairs Required Maintenance Equipment Maintenance Frequency Repair (Location and Type) Add to Capital Improvement Rehabilitation/Replacement List: Yes No Supervisor Review Date Superintendent Review Date © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Packet Claims Submittal Checklist BP-6 Program Manager 1. Complete the following information: Title: Name: Phone: Today’s Date: 2. Copy the items listed below and retain for internal archiving purposes. 3. Place the originals back in the Backup Response Envelope and forward envelope with original forms to the Finance Department: Form BP-2 First Responder Form Form BP-3: Sanitary Sewer Overflow Report Form BP-4: Lateral TV Report Form BP-6: Claims Submittal Checklist (this form) All photos taken (hardcopy or electronic) Any other information you feel is important in this claim 4. Go to Regulatory Notifications Packet and make all appropriate notifications. 5. Complete Form BP-5 : Collection System Failure Analysis Finance Department 1. Verify claims packet is complete. 2. Notify ABAG Plan: ABAG Plan Corporation Attn: Bruce Carey, Claims Examiner P.O. Box 2050 Oakland, CA 94604-2050 Telephone: (510) 464-7946 Fax: (510) 464-7989 Print on 6” x 9” envelope © 2004 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Customer Service Packet Contents: Form Form Number Customer Information Letter ...................................................................... CS-1 Claim Form ................................................................................................ CS-2 Sewer Spill Reference Guide ...............................................................pamphlet Instructions: 1. Review the Customer Information letter to determine actions that need to be taken immediately. 2. See the Customer Information letter for information about filing a claim. 3. Review the Sewer Spill Reference Guide pamphlet. If you have any questions contact: Regarding Sewer Issues: City Public Works Department at (650) 877-8550 Regarding Submitting a Claim for Damages: Finance Department (650) 877-8500 Paquete informativo del servicio al cliente Contenido: Formulario Número de formulario Carta informativa para el cliente .......................................................................... CS-1 Formulario de Reclamación ................................................................................. CS-2 Guía de referencia sobre desbordes cloacales .................................................folleto Instrucciones: 1. Analice la carta informativa para el cliente a fin de determinar las medidas que se deben tomar de manera inmediata. 2. Consulte la carta informativa para el cliente a fin de obtener información sobre cómo presentar un reclamo. 3. Analice el folleto de la Guía de referencia sobre desbordes cloacales. En caso de preguntas, comuníquese con: Para temas cloacales: el Departamento de Obras Públicas de la ciudad, llamando al (650) 877-8550 Para presentar un reclamo por daños: el departamento de finanzas, llamando al (650) 877-8500 This packet provided by: __________________________ Phone: _________ © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Packet Customer Information Regarding Sewer Backup Claims CS-1 Dear Property Owner: We recognize that sewer back flow incidents can be stressful. The City has prepared this brief set of instructions to help you minimize the impact of the loss by responding promptly to the situation. The City is not responsible for cleanup charges or damages caused by blockages in the property owner’s sewer line or caused by code violations. At this time, the City is investigating the cause of the loss and does not assume liability for damages. However, if our investigation determines the City is responsible for this incident, the costs you incur for reasonable and necessary cleanup will be included in the settlement of your claim. Regardless of whether you or the City is responsible for the loss, it is up to you to arrange for the repair of your property and to present a claim for consideration. You or the property owner should immediately contact a firm for clean-up of the affected areas. If you do not know of a company to call for service, the following 24-hour emergency restoration companies are available to respond: * Restoration Company Contact Location Complete Drying (650) 591-1599 or (925) 525-7262 San Carlos Restoration Management (510) 315-5400 After Hours/Emergency (800) 400-5058 Hayward Restoration Management (800) 400-5058 San Francisco Peninsula & South Bay Service Master (415) 584-6100 (800) 439-8833 San Carlos Vital Restoration (650) 873-7867 South San Francisco * This list is provided as a resource only and is not to be construed as exclusive, comprehensive or limiting in any way. ABAG does not require or mandate the use of any of the listed firms. Qualified remediation contractors can be found in the Yellow Pages under “Water Damage Restoration” or “Fire & Water Damage Restoration. What you need to do now: • Contact a restoration company for clean up and removal of affected surfaces. • Do not attempt to clean the area yourself, let the company you hire handle this. • Keep people and pets away from the affected area(s). • Turn off heating/air conditioning systems. • Turn off any appliances that use water. • Prevent any material from reaching floor vents to prevent contamination. • Do not remove items from the area –the company you hire will handle these contents. • If you had recent plumbing work, contact your plumber or contractor. • Contact your homeowner’s insurance carrier to report a claim. • File your claim with the City Finance Department at 550 North Canal Street, South San Francisco, CA 94083 (650) 877-8500, as soon as practical. The California Government Code, Sections 900 -960, requires filing a written claim and outlines specific time lines and notice procedures that must be used. • Call the City’s Claims Administrator and provide a number where you can be reached: Association of Bay Area Governments (ABAG), Bruce Carey, Claims Examiner, (510) 464-7946 • The form and contents of a claim are specified by Section 910, et seq. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after accrual of the cause of action; other claims shall be presented within one year (Section 911.2). • Claims are to be presented by delivery or mailing to the Finance Department, South San Francisco, CA (Section 915). • It is suggested that the claimant refer to claims law and be fully advised with respect to the exceptions and further provisions contained therein. Important Legal Notice: For your protection, read carefully, obtain a reliable translation, and/or consult your attorney. Noticia Legal Importante: Para su proteccion lea usted con cuidado debe de obtener una translacion que sea punctual y de confianza o consulte con su abogado. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 Ciudad de South San Francisco Desbordamiento del Plan de Respuesta a Emergencias Paquete informativo de la respuesta ante desbordes Información del cliente sobre reclamos por desbordes cloacales CS-1 Estimado Propietario: Somos conscientes de que los incidentes de alcantarillado de flujo puede ser estresante. La ciudad ha preparado este breve conjunto de instrucciones que le ayudarán a minimizar el impacto de la pérdida por responder rápidamente a la situación. La Ciudad no es responsable de los gastos de limpieza y daños causados por los bloqueos en línea de la alcantarilla del propietario del inmueble o causados por violaciónes de código. En este momento, la Ciudad está investigando la causa de la pérdida y no asume responsabilidad por los daños y perjuicios. Sin embargo, si nuestra investigación determina la Ciudad es responsable de este incidente, los gastos incurridos para la limpieza razonable y necesario se incluirán en la liquidación de su reclamo. Independientemente de si o de la Ciudad es responsable de la pérdida, es a usted para organizar la reparación de su propiedad y que presente una reclamación para su consideración. Usted o el dueño de la propiedad debe inmediatamente ponerse en contacto con una empresa para la limpieza de las zonas afectadas. Si usted no sabe de una empresa de solicitar un servicio, las siguientes 24 horas, empresas de restauración de emergencia están disponibles para responder:* Restoration Company Contact Location Complete Drying (650) 591-1599 or (925) 525-7262 San Carlos Restoration Management (510) 315-5400After Hours/Emergency (800) 400-5058 Hayward Restoration Management (800) 400-5058 San Francisco Peninsula & South Bay Service Master (415) 584-6100 (800) 439-8833 San Carlos Vital Restoration (650) 873-7867 South San Francisco * Esta lista se proporciona como un único recurso. La ciudad no necesita ni aprueba el uso de cualquiera de estas empresas. Esta lista no debe ser interpretado como exclusiva, completa o limitar de ninguna manera. Contratistas calificados se pueden encontrar en las páginas amarillas bajo "Restauración de daños causados agua" o "Fuego y Agua Restauración de daños causados". Sin embargo, asegúrese de contratar a una empresa con experiencia en las copias de seguridad de drenaje y los recursos suficientes para hacer el trabajo rápidamente. Lo que necesita saber en este momento: • Póngase en contacto con una empresa de restauración para la limpieza y eliminación de las superficies afectadas. • No intente limpiar el área, deje que la empresa de contratar a manejar esto. • Mantenga a las personas ya las mascotas alejados de la zona afectada (s). • Apague la calefacción / aire acondicionado. • Apague todos los electrodomésticos que utilicen agua. • Evite que el material alcance respiraderos del piso para evitar la contaminación. • No quitar elementos de la zona-la empresa que se encargará de contratar a estos contenidos. • Si ha tenido el trabajo de plomería reciente, póngase en contacto con un plomero o contratista. • Póngase en contacto con soporte de su seguro de propietario para presentar una reclamación. • Presente su solicitud con el departamento de finanzas 550 North Canal Street, South San Francisco, CA 94083 (650) 877-8500, tan pronto como sea posible. El Código de Gobierno de California, Secciones 900 -960, requiere la presentación de una reclamación por escrito y se esbozan líneas de tiempo específicos y los procedimientos de notificación que deben ser utilizados. • Llame al Administrador de la Ciudad de Reclamaciones y proporcionar un número de teléfono donde se puede llegar: Asociación de Gobiernos del Área de la Bahía (ABAG), Bruce Carey, examinador de reclamaciones, (510) 464-7946 • La forma y el contenido de una reclamación se especifican en la Sección 910, et seq. Una reclamación relativa a una causa de acción por la muerte o de lesión a la persona oa la propiedad personal o de los cultivos se presentarán a más tardar seis meses después de la acumulación de la causa de la acción, otras reclamaciones se presentarán dentro de un año (artículo 911.2) . • Las reclamaciones deben ser presentadas mediante la entrega o envío al al departamento de finanzas, South San Francisco (Sección 915). • Se sugiere que el demandante se refieren a la ley las reclamaciones y estar plenamente informado con respecto a las excepciones y las demás disposiciones contenidas en el mismo. Aviso legal importante: Para su protección, lea atentamente el material, obtenga una traducción confiable y/o hable con su abogado. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Backup Response Packet Claim Form CS-2 [need claim form] © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 OVERFLOW PACKET © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Overflow Emergency Response Plan Overflow Response Flowchart OP-1 Side A © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Overflow Emergency Response Plan Overflow Response Flowchart OP-1 Side B © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 READ THIS FIRST In the event of a Sanitary Sewer Overflow Check here if you believe that fats, oils and/or grease (FOG) caused or contributed to the SSO For any media requests, contact the Director of Public Works at (650) 877-8550 City of South San Francisco Sanitary Sewer Overflow and Backup Response Plan 1st: Open this envelope. 2nd: Follow the instructions on the Overflow Response Flowchart 3rd: If Category 1 SSO greater than or equal to 1,000 gallons, contact CalOES at (800) 852-7550. 4th: Reference the SMART Field Guide as necessary 5th: Complete the Chain of Custody record (right) and forward this packet to the Program Manager. Chain of Custody Instructions Print Name: Initial: Date: Time: 1st: Open this envelope. Review forms. 2nd: Complete the Regulatory Notifications Packet. 3rd: Archive this packet and all other information regarding this overflow incident according to City policy. 4th: Debrief using the Collection System Failure Analysis Form. Print Name: Initial: Date: Time: Sewer Crew Program Manager © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Overflow Response Packet Table of Contents OP Form Form Number Instructions and Chain of Custody .................................................... envelope label Responding to a Sanitary Sewer Overflow ....................................................... OP-1 Sewer Overflow Report .................................................................................... OP-2 Collection System Failure Analysis Report ....................................................... OP-3 Regulatory Notifications Packet Instructions ..................................................................................... envelope Regulatory Reporting Guide .................................................................. RN-1 Category 1 SSO Reporting Checklist .................................................. RN-2a Category 2 & 3 SSO Reporting Checklist ............................................ RN-2b RWQCB Notification Fax ....................................................................... RN-3 Public Posting ..................................................................................................... n/a For pre-assembled packets contact DKF Solutions Group at 707.373.9709 or kpatzer@dkfsolutions.com © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Overflow Response Packet Sanitary Sewer Overflow Report OP-2 Side A INSTRUCTIONS: Complete all items EXCEPT those that are shaded gray Spill Category (check one): Category 1: Discharge of untreated or partially treated wastewater of any volume resulting from a sanitary sewer system failure or flow condition that either (1) Reaches surface water and/or drainage channel tributary to a surface water; OR (2) Reached a Municipal Separate Storm Sewer System (MS4) and was not fully captured and returned to the sanitary sewer system or otherwise captured and disposed of properly. Category 2: Discharge of untreated or partially treated wastewater greater than or equal to 1,000 gallons resulting from a sanitary sewer system failure or flow condition that either (1) Does not reach surface water, a drainage channel, or an MS4, OR (2) The entire SSO discharged to the storm drain system was fully recovered and disposed of properly. Category 3: All other discharges of untreated or partially treated wastewater resulting from a sanitary sewer system failure or flow condition Spill from Private Lateral Describe in detail the basis for choosing the spill category: IMMEDIATE NOTIFICATION: If this is a Category 1 spill greater than or equal to 1,000 gallons, contact CalOES within 2 hours at (800) 852-7550. A. SPILL LOCATION Spill Location Name: Latitude Coordinates *: Longitude Coordinates: Street Name and Number: Nearest Cross Street: City: South San Francisco Zip Code: County: San Mateo Spill Location Description: B. SPILL DESCRIPTION Spill Appearance Point (check one or more): Building/Structure Force Main Gravity Sewer Pump Station Other Sewer System Structure (i.e. cleanout) Manhole- Structure ID#: Other (specify): Did the spill reach a drainage channel and/or surface water? Yes (Category 1) No If the spill reached a storm sewer, was it fully captured and returned to the Sanitary Sewer? Yes No (Category 1) Was this spill from a private lateral? Yes No If YES, name of responsible party: Discharged into: Ocean/ocean beach Waters of the state other than ocean Drainage channel Combined storm drain Separate storm drain Paved surface Unpaved surface Building/structure Street/curb/gutter Other: Provide name(s) of affected drainage channels, beach, etc.: Total Estimated spill volume (in gallons – 1,000gal or more = Category 1): gallons Est. volume that reached a separate storm drain that flows to a surface water body: gal Recovered: gal Est. volume that reached a drainage channel that flows to a surface water body: gal Recovered: gal Est. volume discharged directly to a surface water body: gal Recovered: gal Est. volume discharged to land: gal Recovered: gal Calculation Methods: Eyeball Photo Comparison Upstream Connections Area/Volume Lower Lateral Other (describe): NOTE: Attach all Spill Volume Estimation documentation including calculations and summary. C. SPILL OCCURRING TIME Estimated spill start date: Estimated spill start time: Date spill reported to sewer crew: Time spill reported to sewer crew: Date sewer crew arrived: Time sewer crew arrived: Who was interviewed to help determine start time? Estimated spill end date: Estimated spill end time: NOTE: Attach detailed start time determination documentation. * If multiple appearance points, use the GPS coordinates for the location of the SSO appearance point closest to the failure point/blockage. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Overflow Response Packet Sanitary Sewer Overflow Report OP-2 Side B D. CAUSE OF SPILL Location of Blockage: Main Lateral Private Lateral Other: SSO cause (check all that apply): Debris/Blockage Flow exceeded capacity Grease Operator error Roots Pipe problem/failure Pump station failure Rainfall exceeded design Vandalism Inflow/infiltration Animal carcass Electrical power failure Bypass Debris from laterals Construction Debris Other (specify): Diameter (in inches) of pipe at point of blockage/spill cause (if applicable): Sewer pipe material at point of blockage/spill cause (if applicable): Estimated age of sewer asset at the point of blockage or failure (if applicable): Description of terrain surrounding point of blockage/spill cause: Flat Mixed Steep E. SPILL RESPONSE Spill response activities (check all that apply): Cleaned up Contained all/portion of spill TV inspection Restored flow Returned all/portion of spill to sanitary sewer Other (specify): Spill response completed (date & time): Visual inspection result of impacted waters (if applicable): Any fish killed? Yes No Any ongoing investigation? Yes No Were health warnings posted? Yes No If yes, provide health warning/beach closure posting/details: Was there a beach closure? Yes No If yes, name of closed beach(es): Were samples of impacted waters collected? Yes No If YES, select the analyses: DO Ammonia Bacteria pH Temperature Other: Recommended corrective actions: (check all that apply and provide detail) Clean line again ASAP: CCTV: Re-CCTV: Additional work: Cleaning schedule change: Cleaning method change: Fog investigation: Repair line segment: Replace line segment: Additional comments: List all agency personnel involved in the response including name, title and their role in the response: Name Title Role F. NOTIFICATION DETAILS CalOES contacted date and time (if applicable): CalOES Control Number (if applicable): Spoke to: G. RECOMMENDED FOLLOW-UP ACTIONS TO PREVENT FUTURE OCCURRENCES CURRENT PM FREQUENCY: DATE OF LAST PM: RECOMMENDED ACTIONS: TV RE-RUN CHANGE CLEANING SCHEDULE REPAIR LINE SEGMENT REPLACE LINE SEGMENT OTHER (describe): NOTES: Place completed form in Sewer Backup Envelope and follow routing instructions. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan Sanitary Sewer Overflow Response Collection System Failure Analysis OP-3 To be completed by Program Manager Incident Report # Prepared By SSO/Backup Information Event Date/Time Address Volume Spilled Volume Recovered Cause Summary of Historical SSOs/Backups/Service Calls/Other Problems Date Cause Date Last Cleaned Crew Records Reviewed By Record Review Date Summary of CCTV Information CCTV Inspection Date Tape Name/Number CCTV Tape Reviewed By CCTV Review Date Observations Recommendations No Changes or Repairs Required Maintenance Equipment Maintenance Frequency Repair (Location and Type) Add to Capital Improvement Rehabilitation/Replacement List: Yes No Supervisor Review Date Superintendent Review Date © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 FIELD SAMPLING KIT © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan FIELD SAMPLING KIT Table of Contents FS Form Form Number Procedures for Sampling Receiving Waters and Posting Warnings after a Sewage Spill ......................................................................... FS-1 Sample Collection Chain of Custody Record ................................................... FS-2 Field Instrument Calibration and Maintenance Log .......................................... FS-3 The Field Sample Kit contains: • Cooler w/ice pack • Latex gloves • Safety glasses • 2 ammonia-nitrogen sample bottles (1pt bottle w/H2SO4) • 20 Sample bottle labels • Waterproof Pen (i.e. Sharpie®) • 10 Enterococcus sample bottles (100ml sterilized bottle) • Combination temperature/pH meter • Extra batteries for temperature/pH meter • Chain of Custody form © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 Get Field Sampling Kit Get ice pack from a convenience store and place in cooler Determine point spill entered waterway – photograph this location (include a reference point in the photo) Don the PPE from the Sampling Kit •Collect all samples against the direction of the water flow! (face upstream) •Collect upstream sample first! •Collect samples well away from the bank (preferably where water is visibly flowing) and 6” below the surface •Avoid sampling debris or scum layer from the surface. •Photograph evidence of dead fish! Move 50’ upstream of point where spill entered waterway (reference sample) Take out the temp/pH meter. Calibrate it. Take temperature and pH of the water at that sample location. Record those results on the chain of custody form. Remove the seal from the enterococcus sample container (100ml) just prior to collecting your sample. A chemical has been added to the sample container. Leave the chemical in the bottle and do not rinse. 1.Remove the cap immediately before collecting each sample. 2.Do not allow the inside of the cap to touch anything 3.Holding the bottle in one hand, face upstream and lower the bottle 6” below the water surface. Then sweep the bottle upstream and out of the water. Be careful not to disturb the bottom sediment. Pour a little water out so that bottle is filled to the line. Immediately replace the cap. Open the ammonia-nitrogen sample container and follow collection process above (steps 1-3) to fill to just below the neck of the jar. NOTE: The ammonia-nitrogen sample bottle contains sulfuric acid – LEAVE THE ACID IN THE BOTTLE AND DO NOT ALLOW IT TO TOUCH YOUR SKIN! Label all of the samples with their location and note the date and time collected Place samples in cooler on the ice pack Take a photo of this sample location (include a reference point in the photo) Move at least 10’ downstream of point where spill entered waterway and repeat sampling steps (red boxes) Complete the Chain of Custody form from the Sampling Kit. Immediately contact: The Water Quality Control Plant at (650) 8778555 and inform them that the following samples require processing: Ammonia-Nitrogen and Enterococcus. SAMPLING STEPS Take cooler containing the samples and completed chain of custody to 195 Bel Air Road, SSF. Samples should be taken to the lab within 6 hours of collection time. Post warning signs as directed by the County Environmental Health Department or the Program Manager. (Remove Warning Signs and lift restrictions when authorized by County Environmental Health.) Repeat sampling daily from time the spill is known until the results of two consecutive sets of samples indicate the return to the normal level or cessation of monitoring is authorized by the County Environmental Health Department. City of South San Francisco Overflow Emergency Response Plan FIELD SAMPLING KIT Procedures for Sampling Receiving Waters and Posting Warnings after a Sewage Spill FS-1 Side A © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan FIELD SAMPLING KIT Procedures for Sampling Receiving Waters and Posting Warnings after a Sewage Spill FS-1 Side B NOTE: This example is provided for illustrative purposes only! Base each sampling event on the geography, drainage and interference factors (i.e. birds, animals, runoff, etc.) of the area impacted. © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan FIELD SAMPLING KIT Sample Collection Chain of Custody Record FS-2 Customer Name Hazardous Waste PO# Customer Address Unknown Material WO# Customer Telephone Mail Code CONTRACT LAB INFORMATION Turnaround Requirement Program Name Ship to: Normal (21 days) Rush: Other: Lab Program Coordinator Phone # Ship Date: Sampled By Courier: LIMS# (Issued by Lab) SAMPLE COLLECTION INFORMATION # Containers Matrix* Analysis Requested QA/QC Requirements Date Time Type Sample Location Field pH Field Temp Ammonia Enterococcus Lab Standard Special (see attached) Composite Grab Remarks/Notes Upstream 2 A Entry Point 2 A Downstream 2 A 2 2 2 2 *Matrix: P = Potable Water, W = Wastewater, A = Ambient Water, G = Groundwater, S = Soil, B = Biosolids, I = Industrial, O = Other (specify in remarks) Relinquished Date Time Relinquished to Date Time Transport/Shipping Information USPS UPS FedEx Tracing #: Other: Sample Receiving Documentation Container intact? Yes No Correct container? Yes No Field preserved? Yes No Custody tape intact? Yes No Cooled? Yes No Temp. Blank? Yes No ( °C) Comments: Sample distribution: Lab bench Ice chest Walk-in cooler shelf # Disposal Date: Disposed by: (inits.) C-O-C Distribution Date: By: Lab Admin File Prog/proj Mgr. Lab Prog. Coord. Delivery courier Pick-up courier © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 City of South San Francisco Overflow Emergency Response Plan FIELD SAMPLING KIT Field Instrument Calibration and Maintenance Log FS-3 Calibration and Maintenance Log Instrument Model Type of Calibration or Maintenance Date of Calibration or Maintenance © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 MISC Overflow Emergency Response Plan Public Posting © 2013 DKF Solutions Group, LLC. All rights reserved. Updated by City of South San Francisco and Larry Walker Associates November 2019 Para mas informacion DANGER RAW SEWAGE AVOID CONTACT PELIGRO AGUA CONTAMINADA EVITE TODO CONTACTO City of South San Francisco (650) 877-8550 n Door Hanger On (date) , at (location) , we responded to a reported blockage of the sanitary sewer service to your property. We discovered a blockage in: The sanitary sewer main and cleared the line The City-maintained portion of your sanitary sewer lateral and cleared the line. Your portion of the sanitary sewer lateral, which is your responsibility to maintain. We also found the City’s portion of the lateral and the main to be flowing normally. If you require assistance to clear your portion of the lateral you can look in the Yellow Pages of your telephone book under “Sewer Contractors” or “Plumbing Drains & Sewer Cleaning”. If you plan to hire a contractor we recommend getting estimates from more than one company. City of South San Francisco representative notes: City of South San Francisco Representative: For questions or comments, please call City of South San Francisco Public Works Department (650) 877-8550 City of South San Francisco On (date) , at (location) , we responded to a reported blockage of the sanitary sewer service to your property. We discovered a blockage in: The sanitary sewer main and cleared the line The City-maintained portion of your sanitary sewer lateral and cleared the line. Your portion of the sanitary sewer lateral, which is your responsibility to maintain. We also found the City’s portion of the lateral and the main to be flowing normally. If you require assistance to clear your portion of the lateral you can look in the Yellow Pages of your telephone book under “Sewer Contractors” or “Plumbing Drains & Sewer Cleaning”. If you plan to hire a contractor we recommend getting estimates from more than one company. City of South San Francisco representative notes: City of South San Francisco Representative: For questions or comments, please call City of South San Francisco Public Works Department (650) 877-8550 City of South San Francisco MINUTE S o°`" sky, CITY COUNCIL Qom:,.. tm.G may, H i CITY OF SOUTH SAN FRANCISCO U err = 0 REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, SEPTEMBER 10, 2014 CALL TO ORDER TIME: 7:03 p.m. ROLL CALL PRESENT: Councilmembers Addiego, Gupta and Normandy, Vice Mayor Garbarino and Mayor Matsumoto. ABSENT: None. PLEDGE OF ALLEGIANCE Led by Nikaella Mariano, student Ponderosa Elementary School. AGENDA REVIEW No changes. PRESENTATIONS Certificate of Recognition for Nikaella Mariano of Ponderosa Elementary School, Fourth Grade Winner of "Art Takes a Bus Ride", SamTrans Annual Countywide Student Art Competition. Mayor Matsumoto stated that as a member of the SamTrans Board, she was very pleased to see a South San Francisco student's artwork selected to wrap the SamTrans busses. She displayed a picture of Miss Mariano's artwork provided by Ponderosa Elementary School Principal Dr. Galvan. The Mayor then presented Miss Mariano with a Certificate of Recognition honoring her accomplishment. Miss Mariano received the honor and thanked the Mayor. South San Francisco Website Project Update. (Doug Hollis). Director of Information Technology("IT") Hollis introduced the presentation of the IT Website Project. He stated the collaborative working committee included Councilwoman Normandy and invited her to present the website. Councilwoman Normandy thanked City staff including, Director of IT Hollis, Information Systems Administrator Barrera, Administrative Assistant II Crisafi and former Assistant City Manager Mount, for their work on the Committee. She advised of the website design goals, some of which were as follows: ease of navigation, review of color and background pictures and placement of calendar on the homepage. She then presented slides of the upgraded website and stated the revisions truly achieve a warm and friendly depiction of South San Francisco as a great place to live,raise a family, work and play. Director of IT Hollis thanked Councilwoman Normandy for her work on the Committee. He explained further revisions that were being considered to the upgraded website, including carrying ribbons from the homepage into the Departmental pages. He advised the planned "go live" date was October 13, 2014, and noted much work remained to be done before that time. Councilmembers expressed their pleasure with the upgraded website design. Councilman Gupta suggested inclusion of a"Home button"to facilitate ease of back navigation on the site. He also recommended connection to specialized Biotech webpages. IT Director Hollis thanked Councilman Gupta for his suggestions. PUBLIC COMMENTS None. COUNCIL COMMENTS/REQUESTS Vice Mayor Garbarino requested the meeting be adjourned in honor of James Cornett and Andrew John Uccelli. Councilman Addiego requested that the meeting be adjourned in honor of Carolyn Damonte. He then invited Acting Chief of Police Brosnan to explain the City's procurement of a Mine Resistant Ambush Protected ("MRAP")Vehicle and how the Police Department intended to use it. Acting Chief of Police Brosnan thanked Councilman Addiego for the opportunity and explained MRAP is a military armor protected vehicle for SWAT and tactical operations in the North County. It would be used for personnel and community protection. It had already been used in three (3) incidents involving weapons and in all incidents the suspects were taken into custody without injury to anyone. He advised armored vehicles were not new to the City's fleet and expected the MRAP to enhance the Police Department's operations. Councilman Gupta supported procurement of the vehicle believing it sent the message that the City would not tolerate crime. Mayor Matsumoto secured Council's agreement to forego a response to the Grand Jury Report pertaining to the San Mateo County Harbor District. She also secured Council's consent to resurrect the Harbor District Liaison Subcommittee and volunteered to serve on it. Mayor Matsumoto requested that the meeting be adjourned in honor of Marianne Nicosia. REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2014 MINUTES PAGE 2 CONSENT CALENDAR 1. Motion approving the minutes from the meetings of February 26, 2014, May 28, 2014, July 9, 2014, July 29, 2014, August 13, 2014 and August 20, 2014. 2. Motion confirming payment registers for September 10, 2014. 3. Motion to appoint Alin Lancaster to the San Mateo County Housing and Community Development Committee. (Pat O'Keeffe, Interim Assistant City Manager) 4. Motion to adopt the 2014 Sewer System Management Plan. (James Hardie, Streets Program Manager) 5. Resolution No. 100-2014 approving amendment No. 18 to the Professional Services Agreement with Meyers,Nave, Riback, Silver and Wilson. (Mike Futrell, City Manager) 6. Resolution No. 101-2014 authorizing the City Manager to execute a Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc. of South San Francisco, CA, for the Grand Avenue Library Renovation Project (Project No. pfl 409) in an amount not to exceed $79,760. (Sam Bautista, Principal Engineer) 7. Resolution No. 102-2014 accepting a grant in the amount of $148,000 from the state of California, Office of Traffic Safety(OTS) for the "Selective Traffic Enforcement Program" to pay for personnel overtime, equipment, training expenses, and traffic safety presentations; and amending the Police Department's operating budget for Fiscal Year 2014/2015. (Interim Police Chief Brosnan) 8. Resolution No. 103-2014 approving the Memorandum of Understanding for the International Union of Operating Engineers, Local 39 Unit, dated July 1, 2014 through June 30, 2016. (Mich Mercado, Human Resources Manager) Item 1 —Mayor Matsumoto requested that recognition of Cultural Arts Commissioner Burgess be added to the Minutes of February 26, 2014. She also acknowledged Commissioner Boldenweck for her skill at crafting lovely pieces of jewelry. Item 2—The Mayor queried the length of the time period reflected on the payment registers. Financial Services Manager Lee replied that the extended length reflected the time period encompassed through the cancellation of the August 27, 2014 Regular City Council Meeting. Item 6—Councilman Gupta queried the scope of the project approval and whether it included the total project or solely the design and consulting components. Principal Engineer Bautista explained the scope was limited to the design and consulting components as well as consulting management during construction. Councilman Addiego commented on the well-respected work of Group 4 and indicated he was pleased to see selection of the South San Francisco firm for this project. REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2014 MINUTES PAGE 3 Motion—Vice Mayor Garbarino/Second -Councilman Gupta: to approve the Consent Calendar. Unanimously approved by roll call vote. ADMINISTRATIVE BUSINESS 9. Resolution No. 104-2014 awarding a consulting services agreement to Swinerton Management& Consulting of San Francisco, California for program management services for the City of South San Francisco's Capital Improvement Program ("Program") in an amount not to exceed $1,229,256. (Sam Bautista, Principal Engineer) Principal Engineer Bautista presented the staff report and PowerPoint presentation recommending that Council adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Swinerton Management& Consulting ("Swinerton") for program management services for the City's Capital Improvement Program ("CIP") in an amount not exceed $1,229,256. He advised the Public Works Department is responsible for preparing and delivering all of the City's CIP on a timely basis and within budget. The current CIP totaled $43.7 million, including 9.2 million in newly requested funds and $34.5 million in remaining appropriations from previous years. On June 30, 2014, staff issued a Request for Proposals for Program Management Services. On July 22, 2014, five (5) proposals were received. Staff reviewed the proposals, interviewed management and recommended that Swinerton be awarded the contract. Staff selected Swinerton for its long history of successful work and annual volume as well as its familiarity with South San Francisco due to, among other functions, service as the Measure J Bond Program Manager for the South San Francisco Unified School District (the"SSFUSD"). Accordingly, staff submitted this recommendation based on Swinerton's qualifications, experience, references and understanding of the project. William Nack representing the Building Trades Council appeared before Council to advocate approval of the contract. Based on the Union's prior dealings with Swinerton, he expressed the belief that the firm is professional,honest, and responsive and a good fit for management of the City's CIP. Vice Mayor Garbarino queried the Pump Station Project. Principal Engineer Bautista responded the project related to new piping. Councilman Gupta advised of his support for the basic request and requested clarification on billing for the contracted services. Engineer Bautista advised payment was based on the contracted numbers and the Department would track spending per project. Delays or overruns might change the fee structure and require an amendment to the contract; however, the contract scope included a built-in contingency to accommodate a measure of project delay. Based on experience working with Swinerton while previously serving on the SSFUSD School Board, Councilwoman Normandy expressed support for the firm's selection. Swinerton Representatives Scott Christie, Program Manager and Greg Armendariz, Program Executive, appeared before Council and expressed their firm's enthusiasm for the prospect of performing CIP management services for the City. REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2014 MINUTES PAGE 4 Mayor Matsumoto expressed support for the firm's selection, noting its history of transparent conduct on matters related to the SSFUSD's Measure J funding program administration. Motion — Vice Mayor Garbarino/Second —Councilwoman Normandy: to approve Resolution No. 104-2014. Unanimously approved by roll call vote. 10. Resolution No. 105-2014 accepting $282,034 from New Measure A Local Shuttle Program Category Funds, appropriating $94,011 in Local Measure A Matching Funds for the San Mateo County Shuttle Program, Setting a project budget of $376,045, and awarding an agreement to Parking Company of America Management in an amount not to exceed 302,487 for the Operations of the South San Francisco Community Shuttle. (Justin Lovell, Management Analyst II) Management Analyst II Lovell presented the staff report and a PowerPoint presentation recommending that Council adopt a resolution to accept $282,034 from New Measure A Local Shuttle Program Category Funds and appropriate $94,011 in Local Measure A Matching Funds for the San Mateo County Shuttle Program, set a project budget of$376,045 and award an agreement to Parking Company of America Management ("PCAM") in an amount not to exceed $302,487 for South San Francisco Community Shuttle ("South City Shuttle") Operation Services. On May 9, 2014, the San Mateo County Transportation Authority(the"TA") approved the City's application for the South City Shuttle and later prepared the funding agreement. The funding agreement runs from July 1, 2014 through June 30, 2016 with the opportunity for reapplication. The program is roughly 75% funded through measure A and 25% funded by the City. With acceptance of the funds and the setting of a project budget, the City could immediately begin marketing and outreach in time for an anticipated shuttle start date of November 3, 2014. Analyst Lovell explained the City reached out to several companies offering shuttle operating services. PCAM's proposal came in the lowest, offering services for $302,147 from November 3, 2014 through June 30, 2016. The total budget of$376,045 for operations through June 30, 2016 included the $302,146 PCAM contract amount, a$15,124 Shuttle Operations Contingency, $8424 for SamTrans support services, $31,208 for administration, marketing and outreach performed by City staff and a contingency of$18,802. SamTrans support services would include designing flyers, a mailer, a timetable and addition of information to Google Maps as well as call center support for shuttle comments, requests and updates via the SamTrans number 1-800-660-4287. City staff would manage contracts, report to the TA and perform tasks related to marketing and outreach, including social media. Analyst Lovell narrated slides depicting the proposed shuttle route. He then closed by recommending that Council accept $282,034 from New Measure A Local Shuttle Program Category Funds, appropriate $94,011 in matching Measure A Funds, set a project budget of$376,045 for South City Shuttle Operations through June 30, 2016 and award a Shuttle Operation Services Agreement to PCAM in an amount not to exceed $302,487. Councilwoman Normandy commented the shuttle would provide needed transportation services for students located in certain sections of the City. Councilman Addiego commented on the importance of focusing on improving public transportation options throughout the City. He believed the South City Shuttle would assist City residents. REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2014 MINUTES PAGE 5 Mayor Matsumoto believed the South City Shuttle would address certain cross town transportation needs. Vice Mayor Garbarino stated he was pleased to see this service was coming to fruition as it would serve a population that could not move around the City easily. Councilman Gupta recommended looking at enhancing the City's website to include transportation options. Motion — Mayor Matsumoto/Second —Councilman Addiego: to approve Resolution No. 105-2014. Unanimously approved by roll call vote. LEGISLATIVE BUSINESS 11. Introduction of an Ordinance amending the Municipal Code to: (1) increase the Contract Approval Authority for the City Manager; and (2) Modify the Abbreviated Bid Process for Public Projects to be consistent with the State Public Contracts Code; and Resolution No. 106-2014 establishing City Manager, City Attorney and Risk Manager Approval Authority for settling claims. (Richard Lee, Financial Services Manager) Financial Services Manager Lee presented the staff report and PowerPoint presentation recommending amendments to Chapter 4.04 of the South San Francisco Municipal Code, revising the City's purchasing procedures and contract approval authority, and waiving further reading and adopting a resolution delegating approval authority for settling claims against the City. Manager Lee advised the City's code relating to purchasing procedures and policies related to claim settlement were not keeping pace with practices in comparable cities. In fact, purchasing authority amounts were in the lower range among the larger cities in the County. Accordingly, staff recommended that the contract approval authority for the City Manager be changed to $75,000. With respect to bid procedures, Manager Lee explained the current municipal code refers to specific dollar thresholds which trigger adherence to a particular bid process. Staff recommended amending the code to refer to Public Contract Code Section 22032 thresholds. The recommended Municipal Code amendments clarify and provide consistency to the City's bid procedures. Finally, with respect to claim settlements, Manager Lee explained Council currently approves claims over $35,000, and the Risk Manager approves claims up to $10,000. Staff recommended that Council delegate authority to the City Manager and City Attorney to jointly settle claims against the City for up to $50,000, while the Risk Manager could settle claims up to $20,000. He advised this recommendation was consistent with state law and would streamline the claim settlement process. Councilman Addiego stated that given what is occurring in local cities regarding these practices, he approved of the modifications to promote efficiency. Motion—Vice Mayor Garbarino/Second—Councilman Gupta: to approve Resolution No. 106-2014. Unanimously approved by roll call vote. Motion — Vice Mayor Garbarino/Second —Councilman Gupta: to waive reading and introduce an Ordinance amending the Municipal Code to: (1) increase the contract approval authority for the REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2014 MINUTES PAGE 6 City Manager; and (2) modify the abbreviated bid process for public projects to be consistent with the State Public Contracts Code. Unanimously approved by roll call vote. ITEMS FROM COUNCIL—COMMITTEE REPORTS AND ANNOUNCEMENTS Councilmembers reported on attendance at community meetings and events, including a HOPE Interagency Council Meeting, a Biotech Workforce Education Steering Committee Meeting and the League of California Cities Annual Conference. The Fire Department was commended for its performance in the successful Urban Shield Exercise. Announcements were made regarding upcoming community events, including a hearing related to Biotech Workforce Education at San Francisco State University on September 16, 2014. Specific items for further action and/or consideration were set forth as follows: Councilwoman Normandy advised of the Dignity on Wheels Program for the County's homeless. She presented staff with a brochure that she believed would be useful in the City's outreach efforts. ADJOURNMENT Being no further business, Mayor Matsumoto adjourned the meeting at 8:37 p.m. in honor of James Cornett, Andrew John Uccelli, Carolyn Damonte and Marianne Nicosia. Submitte e by: Appr•ved . I 04. l s a Joy , . elli, I ty Clerk K atsumoto, Mayor City of Sou - an Francisco City of South San Francisco REGULAR CITY COUNCIL MEETING SEPTEMBER 10,2014 MINUTES PAGE 7 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-985 Agenda Date:12/11/2019 Version:1 Item #:3. Report regarding approval of a Joint Exercise of Powers Agreement between the City of South San Francisco and the Parking Authority of the City of South San Francisco,creating the City of South San Francisco Public Facilities Financing Authority (Janet Salisbury, Director of Finance) RECOMMENDATION Staff recommends that the City Council consider adopting a resolution approving the execution of a Joint Exercise of Powers Agreement with the Parking Authority of the City of South San Francisco to create the City of South San Francisco Public Facilities Financing Authority (the “PFFA”). BACKGROUND/DISCUSSION The City intends to obtain financing in 2020 for certain costs of the design and construction of the City’s new main civic center campus project.After consultation with Stradling Yocca Carlson &Rauth,the City’s bond counsel,Sperry Capital Inc.,the City’s municipal advisor,and Stifel Nicolaus &Company,Incorporated,the City’s underwriter for the proposed financing,staff believes that bonds issued through a joint powers authority are likely to provide the City with the lowest costs of borrowing. Each joint powers authority must be comprised of two or more public agencies.On October 9,2019,the City activated the Parking Authority of the City of South San Francisco (the “Parking Authority”)under Streets & Highways Code Section 32500 et seq.to serve as a partner agency with the City in a new joint powers authority to be called the City of South San Francisco Public Facilities Financing Authority. In order to create the PFFA,the City Council and the governing board of the Parking Authority (which consists of the City Councilmembers)will need to approve the execution of the Joint Exercise of Powers Agreement (the “JPA Agreement”). The form of the JPA Agreement is attached hereto as Attachment 1. The JPA Agreement includes the following provisions, among others: 1)The PFFA is authorized to issue bonds under the Joint Exercise of Powers Act (Government Code Section 6500 et seq.).Bonds issued by the PFFA are not obligations of its members (the City and the Parking Authority)or personal obligations of the PFFA governing board,the City Council or the Parking Authority governing board and are solely payable from the revenues that are pledged in connection with the issuance of each series of bonds. 2)The City Council will serve as the PFFA’s governing board,and the City Manager,Director of Finance and City Clerk will serve as the PFFA’s Executive Director,Treasurer and Secretary, respectively. 3)Regular meetings of the PFFA will be held concurrently with regular City Council meetings and City of South San Francisco Printed on 1/27/2020Page 1 of 2 powered by Legistar™ File #:19-985 Agenda Date:12/11/2019 Version:1 Item #:3. 3)Regular meetings of the PFFA will be held concurrently with regular City Council meetings and conducted in accordance with the Brown Act. 4)The PFFA may not be dissolved while its bonds are outstanding. 5)The PFFA’s finances will be audited annually as part of the City audit process and the PFFA’s financial statements may be combined with the City’s financial statements. 6)The PFFA will adopt a Conflict of Interest Code,which may be the City’s conflict of interest code.Staff expects to recommend adoption of the City’s conflict of interest code as the Conflict of Interest Code of the PFFA when the first series of bonds to finance the first phase of the new main civic center campus project are approved in 2020. Staff notes that the governing board of the Parking Authority is also meeting concurrently on this date to consider a resolution to approve the JPA Agreement and thereby establish the PFFA. FISCAL IMPACT There is no significant impact to the City’s general fund associated with the proposed formation of the PFFA. Operating expenses are anticipated to be nominal and staffing for the PFFA would be provided from existing resources of City staff. ATTACHMENTS 1.JPA Agreement City of South San Francisco Printed on 1/27/2020Page 2 of 2 powered by Legistar™ JOINT EXERCISE OF POWERS AGREEMENT by and between CITY OF SOUTH SAN FRANCISCO and PARKING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO creating the CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY dated as of December 1, 2019 TABLE OF CONTENTS Page i Section 1. Definitions ....................................................................................................................... 2 Section 2. Purpose ............................................................................................................................ 3 Section 3. Term ................................................................................................................................ 3 Section 4. The Authority .................................................................................................................. 3 A. Creation of the Authority .................................................................................... 3 B. Governing Board ................................................................................................. 3 C. Meetings of Board ............................................................................................... 3 D. Officers; Duties; Bonds ....................................................................................... 5 Section 5. Powers ............................................................................................................................. 7 Section 6. Termination of Powers .................................................................................................... 7 Section 7. Fiscal Year ....................................................................................................................... 7 Section 8. Disposition of Assets ....................................................................................................... 7 Section 9. Contributions and Advances............................................................................................ 7 Section 10. Bonds ............................................................................................................................... 8 A. Authority To Issue Bonds .................................................................................... 8 B. Bonds Limited Obligations.................................................................................. 8 Section 11. Agreement Not Exclusive ................................................................................................ 8 Section 12. Accounts and Reports ...................................................................................................... 8 A. Audits .................................................................................................................. 9 B. Audit Reports ...................................................................................................... 9 Section 13. Funds ............................................................................................................................... 9 Section 14. Conflict of Interest Code ................................................................................................. 9 Section 15. Breach .............................................................................................................................. 9 Section 16. Notices ............................................................................................................................. 9 Section 17. Withdrawal ...................................................................................................................... 9 Section 18. Effectiveness.................................................................................................................. 10 Section 19. Severability .................................................................................................................... 10 Section 20. Successors; Assignment ................................................................................................ 10 Section 21. Amendment of Agreement ............................................................................................ 10 Section 22. Form of Approvals ........................................................................................................ 10 Section 23. Waiver of Personal Liability ......................................................................................... 10 Section 24. Section Headings ........................................................................................................... 10 Section 25. Miscellaneous ................................................................................................................ 11 JOINT EXERCISE OF POWERS AGREEMENT THIS JOINT EXERCISE OF POWERS AGREEMENT, dated as of December 1, 2019, is entered into by and between the CITY OF SOUTH SAN FRANCISCO (the “City”), a general law city organized and existing under the laws of the State, and the PARKING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO (the “Parking Authority”), a parking authority organized and existing under the laws of the State (each of the City and the Parking Authority, a “Member”). DECLARATION OF PURPOSE A. Chapter 5 of Division 7 of Title 1 of the Government Code authorizes the City and the Parking Authority to create a joint exercise of powers entity which has the power to exercise any powers common to the City and the Parking Authority and to exercise additional powers granted to it under the Act (defined below), including but not limited to the issuance of bonds, (defined under Section 6584(c)(4) of the Act to include certificates of participation), pursuant to Section 6588 thereof. This Agreement creates such an entity, which shall be known as the City of South San Francisco Public Facilities Financing Authority, for the purposes and to exercise the powers described herein. B. Article 4 of the Act (known as the “Marks-Roos Local Bond Pooling Act of 1985,” Government Code Section 6584 et seq.) authorizes and empowers the Authority to issue Bonds (defined below) and to purchase bonds issued by, or to make loans to, the City or the Parking Authority or other public or private entity for financing or providing interim financing for the acquisition, construction, installation and improvement of public facilities and other public capital improvements, working capital, liability and other insurance needs, or projects whenever there are significant public benefits, as determined by the City or the Parking Authority. The Marks-Roos Local Bond Pooling Act of 1985 further authorizes and empowers the Authority to sell Bonds so issued or purchased to public or private purchasers at public or negotiated sale. C. Each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations. D. Each Member is also empowered by law to acquire and dispose of real property for a public purpose. E. The Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement, and to exercise the additional powers granted to it in the Act and any other applicable provisions of the laws of the State of California. F. A public entity established pursuant to the Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein, and to otherwise undertake financing programs under the Act or other applicable provisions of the laws of the State of California to accomplish its public purposes. 2 G. The Members have determined to specifically authorize a public entity authorized pursuant to the Act to issue Bonds (as defined below) pursuant to the Act or other applicable provisions. H. It is the desire of the Members to use a public entity established pursuant to the Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitation Members use of existing or new financial instruments and mechanisms. I. It is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members. TERMS OF AGREEMENT Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall for all purposes of this Agreement have the meanings herein specified. Act. The term “Act” means Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code (Section 6500 et seq.), as amended from time to time. Agreement. The term “Agreement” means this Joint Exercise of Powers Agreement, as it may be amended from time to time, creating the Authority. Authority. The term “Authority” means the City of South San Francisco Public Facilities Financing Authority created by this Agreement. Board. The term “Board” means the governing board of the Authority, which shall be comprised of the City Council of the City as set forth in Section 4.B hereof. Bonds. The term “Bonds” means bonds and any other evidence of indebtedness of the Authority authorized and issued pursuant to the Act, including but not limited to Section 6584(c) thereof. Brown Act. The term “Brown Act” means the Government Code provisions at Section 54950 et seq. governing the notice and agenda requirements for meetings of government agencies in the State and any later amendments, revisions, or successor enactments. City. The term “City” means the City of South San Francisco, a general law city organized and existing under the laws of the State. Fiscal Year. The term “Fiscal Year” has the meaning set forth in Section 7. Government Code. The term “Government Code” means the Government Code of the State. Indenture. The term “Indenture” means each indenture, trust agreement or other such instrument pursuant to which Bonds are issued. Member. The term “Member” or “Members” means the City and/or the Parking Authority, as appropriate. 3 Parking Authority. The term “Parking Authority” means the Parking Authority of the City of South San Francisco, a Parking Authority organized and existing pursuant to the Parking Law of 1949, Streets and Highways Code Section 32500 et seq., and all successor statutes and implementing regulations thereto. State. The term “State” means the State of California. Streets and Highways Code. The term “Streets and Highways Code” means the Streets and Highways Code of the State. Section 2. Purpose. This Agreement is made pursuant to the Act for the purpose of assisting in the financing and refinancing of capital improvement projects of the Members and other activities of the Members as permitted under the Act by exercising the powers referred to in this Agreement. Section 3. Term. This Agreement shall become effective in accordance with Section 18 hereof and shall continue in full force and effect until terminated by a supplemental agreement of the Parking Authority and the City; provided, however, that in no event shall this Agreement terminate while any Bonds or other obligations of the Authority remain outstanding under the terms of any indenture, trust agreement, contract, agreement, lease, sublease or other instrument pursuant to which such Bonds are issued or other obligations are incurred. Section 4. The Authority. A. Creation of the Authority. There is hereby created pursuant to the Act an authority and public entity to be known as the “City of South San Francisco Public Facilities Financing Authority.” As provided in the Act, the Authority shall be a public entity separate from the City and the Parking Authority. The debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the City or the Parking Authority. Within 30 days after the effective date of this Agreement or any amendment hereto, the Authority will cause a notice of this Agreement or amendment to be prepared and filed with the office of the Secretary of State of the State in the manner set forth in Section 6503.5 of the Act. Such notice shall also be filed with the office of the Controller of the State. B. Governing Board. The Authority shall be administered by the Board, which shall consist of the City Council of the City. The term of office as a member of the Board shall terminate when such member of the Board shall cease to hold his or her respective office at the City; and the successor to such officer or director of the City shall become a member of the Board upon assuming such office. C. Meetings of Board. (1) Time and Place. The Board shall hold its regular meetings concurrently with and/or immediately following the regular meetings of the City and the same shall occur consistent with the schedule set by resolution of the City for its regular meetings as to time/place and location. The Board may suspend the holding of regular meetings so long as there is no need for Authority business, and provided that any action taken regarding the sale of Bonds shall occur by resolution placed on a noticed and posted meeting agenda consistent with the requirements 4 for regular meetings under the Brown Act. At all times, each regular meeting of the Authority shall take place pursuant to a 72 hour notice and agenda requirement or as otherwise provided by the Brown Act. The Board may hold special meetings at any time and from time to time in accordance with the Brown Act. A special meeting may be called at any time by the Secretary of the Authority or the Executive Director of the Authority by delivering written notice to each Board member. Such written notice may be dispensed with as to any Board member who at or prior to the time the meeting convenes files with the Secretary of the Authority a written waiver of notice. Such waiver may be given by telegram or telecopy. Such written notice may also be dispensed with as to any member who is actually present at the meeting. Nothing contained in this Agreement shall be construed to prevent the Board from holding closed sessions during a regular or special meeting concerning any matter permitted by law to be considered in a closed session. All public hearings held by the Board shall be held during regular or special meetings of the Board. The Board may adjourn any meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all Board members are absent from any regular meeting or adjourned regular meeting, the Secretary or acting Secretary of the Authority may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this Section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. Any public hearing being held, or any hearing noticed or ordered to be held at any meeting may by order or notice of continuance be continued or re-continued to any subsequent meeting in the same manner and to the same extent set forth herein for the adjournment of the meetings; provided that, if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. The Chair of the Board or the Executive Director of the Authority shall prepare or approve the agenda of all meetings. Business will be conducted according to the agenda, except when determined by the Board as permitted by law. The presiding officer at the meeting shall determine the rules of conduct. (2) Legal Notice. All regular and special meetings of the Board shall be called, noticed, held and conducted subject to the provisions of the Brown Act. 5 (3) Minutes. The Secretary of the Authority shall cause minutes of all meetings of the Board to be kept and shall, as soon as practicable after each meeting, cause a copy of the minutes to be forwarded to each member of the Board. (4) Quorum. A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn meetings from time to time. Any action or decision of the Authority shall be on motion duly approved by a majority of the Board at a lawfully held meeting. D. Officers; Duties; Bonds. (1) The officers of the Authority shall be the Chair, the Vice Chair, the Secretary, the Treasurer and the Executive Director. Such officers may be directors or officers of the City serving ex officio. (A) Chair. The Chair of the Authority shall be the Board member who is the Mayor of the City. The term of office shall be the same as the term of the Mayor of the City. The Chair shall preside at all meetings of the Authority, and shall submit such information and recommendations to the Board as he or she may consider proper concerning the business, policies and affairs of the Authority. (B) Vice Chair. The Vice Chair shall be the Board member who is the Vice Mayor of the City. The term of office shall be the same as the term of the Vice Mayor of the City. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. In case of the resignation or death of the Chair, the Vice Chair shall perform such duties as are imposed on the Chair, until such time as a new Chair is selected or appointed. (C) Secretary. The City Clerk of the City is hereby designated as the Secretary of the Authority. The Secretary shall keep the records of the Authority, shall act as Secretary at the meetings of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. Any duly appointed Deputy City Clerk of the City shall perform the duties of the Secretary as a Deputy Secretary in the absence or incapacity of the Secretary. (D) Treasurer. The Director of Finance of the City is hereby designated as the Treasurer of the Authority. Subject to the applicable provisions of any trust agreement, indenture or resolution providing for a trustee or other fiscal agent, the Treasurer is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and shall file an official bond if so required by the Board of the Authority and, as such, shall have the powers, duties and responsibilities specified in Section 6505.1 of the Act. (E) Executive Director. The City Manager of the City is hereby designated as the Executive Director of the Authority and shall be responsible for execution and supervision of the affairs of the Authority. Except as otherwise authorized by resolution of the Board, the Executive Director or the Executive Director’s designee shall sign all contracts, deeds and other instruments executed by the Authority. In addition, subject to the applicable provisions of any trust agreement, indenture or resolution providing for a trustee or other fiscal agent, the Executive Director is designated as the public officer or person who has charge of, handles, or has access to any 6 property of the Authority, and shall file an official bond if so required by the Board and, as such, shall have the powers, duties and responsibilities specified in Section 6505.1 of the Act. (2) So long as required by Sections 6505 and 6505.5 of the Act, the Treasurer of the Authority shall prepare or cause to be prepared: (a) a special audit as required pursuant to Section 6505 of the Act no less frequently than once in every two-year period during the term of this Agreement; and (b) a report in writing on the first day of July, October, January and April of each year to the Board, the City and the Parking Authority, which report shall describe the amount of money held by the Treasurer of the Authority for the Board, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provides regular reports covering such amounts). (3) The services of the officers shall be without compensation by the Authority unless said officers are otherwise compensated in accordance with Section 4.B. hereinabove or as employees of the City. The City will provide such other administrative services as required by the Authority, and shall not receive economic remuneration from the Authority for the provision of such services. (4) The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. (5) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker’s compensation and other benefits which apply to the activities of officers, agents or employees of the Members when performing their respective functions within the territorial limits of their respective Member shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. (6) None of the officers, agents or employees, if any, directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by any Member or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member. (7) The Members hereby confirm their intent and agree that, as provided in Section 4.A hereof and in the Act, the debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the City or the Parking Authority. (8) In any event, the Authority or the City shall cause all records regarding the Authority’s formation, existence, operations, any Bonds issued by the Authority, obligations incurred by it and proceedings pertaining to its termination to be retained for at least six (6) years following termination of the Authority or final payment of any Bonds issued by the Authority, whichever is later. (9) Confirmation of officers shall be the first order of business at the first meeting of the Authority, regular or special, held in each calendar year. (10) No Board member, officer, agent or employee of the Authority, without prior specific or general authority by a vote of the Board, shall have any power or authority 7 to bind the Authority by any contract, to pledge its credit, or to render it liable for any purpose in any amount. Section 5. Powers. The Authority shall have any and all powers which are common powers of the City and the Parking Authority, and any and all powers separately conferred by law upon the Authority. All such powers, whether common to the Members or separately conferred by law upon the Authority, are specified as powers of the Authority to the extent required by law, except any such powers which are specifically prohibited to the Authority by applicable law. The Authority’s exercise of its powers is subject to the restrictions upon the manner of exercising the powers of the City. The Authority is hereby authorized, in its own name, to do all acts necessary or convenient for the exercise of its powers, including, but not limited to, any or all of the following: to sue and be sued; to make and enter into contracts; to employ agents, consultants, attorneys, accountants, and employees; to acquire, hold or dispose of property, whether real or personal, tangible or intangible, wherever located; and to issue Bonds or otherwise incur debts, liabilities or obligations to the extent authorized by the Act or any other applicable provision of law and to pledge any property or revenues or the rights thereto as security for such Bonds and other indebtedness. Notwithstanding the foregoing, the Authority shall have any additional powers conferred under the Act or under applicable law, insofar as such additional powers may be necessary to accomplish the purposes set forth in Section 2 hereof. Section 6. Termination of Powers. The Authority shall continue to exercise the powers herein conferred upon it until the termination of this Agreement in accordance with Section 3 hereof. Section 7. Fiscal Year. Unless and until changed by resolution of the Board, the Fiscal Year of the Authority shall be the period from July 1 of each year to and including the following June 30, except for the first Fiscal Year, which shall be the period from the date of this Agreement to June 30, 2020. Section 8. Disposition of Assets. Upon termination of this Agreement pursuant to Section 3 hereof, any surplus money in possession of the Authority or on deposit in any fund or account of the Authority shall be returned in proportion to any contributions made as required by Section 6512 of the Act. The Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. After rescission or termination of this Agreement pursuant to Section 3 hereof, all property of the Authority, both real and personal, shall be distributed to the City, subject to Section 9 hereof. Section 9. Contributions and Advances. Contributions or advances of public funds and of personnel, equipment or property may be made to the Authority by the City and the Parking Authority for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance made in respect of a revenue-producing facility shall be made subject to repayment, and shall be repaid, in the manner agreed upon by the City or the Parking Authority, as the case may be, and the Authority at the time of making such advance as provided by Section 6512.1 of the Act. It is mutually understood and agreed that neither the City nor the Parking Authority has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though either 8 may do so. The City or the Parking Authority may allow the use of personnel, equipment or property in lieu of other contributions or advances to the Authority. Section 10. Bonds. A. Authority To Issue Bonds. When authorized by the Act or other applicable provisions of law and by resolution of the Board, the Authority may issue Bonds for the purpose of raising funds for the exercise of any of its powers or to otherwise carry out its purposes under this Agreement. Said Bonds shall have such terms and conditions as are authorized by the Board. Among other things, the Marks-Roos Local Bond Pooling Act of 1985 authorizes the Authority, to execute and deliver or cause to be executed and delivered certificates of participation in a lease or installment sale agreement with any public or private entity. The Authority, at its option, may issue or cause to be issued bonds, rather than certificates of participation, and enter into a loan agreement with any public or private entity. B. Bonds Limited Obligations. The Bonds, including the principal and any purchase price thereof, and the interest and premium, if any, thereon, shall be special obligations of the Authority payable solely from, and secured solely by, the revenues, funds and other assets pledged therefor under the applicable Indenture(s) and shall not constitute a charge against the general credit of the Authority. The Bonds shall not be secured by a legal or equitable pledge of, or lien or charge upon or security interest in, any property of the Authority or any of its income or receipts except the property, income and receipts pledged therefor under the applicable Indenture(s). The Bonds shall not constitute a debt, liability or obligation of the State or any public authority thereof, including the Parking Authority and the City, other than the special obligation of the Authority as described above. Neither the faith and credit nor the taxing power of the State or any public authority thereof, including the Parking Authority and the City, shall be pledged to the payment of the principal or purchase price of, or the premium, if any, or interest on the Bonds, nor shall the State or any public authority or instrumentality thereof, including the Parking Authority and the City, in any manner be obligated to make any appropriation for such payment. The Authority shall have no taxing power. No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any director, officer, agent or employee of the Authority in his or her individual capacity, and no director or officer of the Authority executing a Bond shall be liable personally on such Bond or be subject to any personal liability or accountability by reason of the issuance of such Bond. Section 11. Agreement Not Exclusive. This Agreement shall not be exclusive and shall not be deemed to amend or alter the terms of other agreements between the City and the Parking Authority, except as the terms of this Agreement shall conflict therewith, in which case the terms of this Agreement shall prevail. Section 12. Accounts and Reports. All funds of the Authority shall be strictly accounted for in books of account and financial records maintained by the Authority, including a report of all receipts and disbursements. The Authority shall establish and maintain such funds and accounts as may be required by generally accepted accounting principles and by each Indenture for outstanding Bonds (to the extent that such duties are not assigned to a trustee for owners of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by the City and the Parking Authority and their representatives. 9 The Authority shall require that each Indenture provide that the trustee appointed thereunder shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of such Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out the requirements of this Section. A. Audits. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority in compliance with the requirements of the Act. Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. B. Audit Reports. The Treasurer of the Authority, as soon as practicable after the close of each Fiscal Year, but in any event within the time necessary to comply with the requirements of the Act, shall file a report of the audit performed pursuant to Subsection A of this Section as required by the Act and shall send a copy of such report to public entities and persons in accordance with the requirements of the Act. Section 13. Funds. Subject to the provisions of each Indenture for outstanding Bonds providing for a trustee to receive, have custody of and disburse funds which constitute Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to accounting procedures approved by the Board and shall make the disbursements required by this Agreement or otherwise necessary to carry out the provisions and purposes of this Agreement. Section 14. Conflict of Interest Code. The Authority shall, by resolution, adopt a Conflict of Interest Code to the extent required by law. Such Conflict of Interest Code may be the conflict of interest code of the City. Section 15. Breach. If default shall be made by the City or the Parking Authority in any covenant contained in this Agreement, such default shall not excuse either the City or the Parking Authority from fulfilling its obligations under this Agreement, and the City and the Parking Authority shall continue to be liable for the payment of contributions and the performance of all conditions herein contained. The City and the Parking Authority hereby declare that this Agreement is entered into for the benefit of the Authority created hereby and the City and the Parking Authority hereby grant to the Authority the right to enforce by whatever lawful means the Authority deems appropriate all of the obligations of each of the parties hereunder. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. Section 16. Notices. Notices to the City and the Parking Authority hereunder shall be sufficient if delivered to the Director of Finance of the City. Section 17. Withdrawal. Neither the Parking Authority nor the City may withdraw from this Agreement prior to the end of the term of this Agreement determined in accordance with Section 3. 10 Section 18. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of the Parking Authority and the City when each party has executed a counterpart of this Agreement. Section 19. Severability. Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby. Section 20. Successors; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent expressly provided herein, neither party may assign any right or obligation hereunder without the consent of the other. Section 21. Amendment of Agreement. This Agreement may be amended by supplemental agreement executed by the Members at any time; provided, however, that this Agreement may be terminated only in accordance with Section 3 hereof and, provided further, that such supplemental agreement shall be subject to any restrictions contained in any Bonds or documents related to any Bonds to which the Authority is a party. Section 22. Form of Approvals. Whenever an approval is required in this Agreement, unless the context specifies otherwise, it shall be given: (A) in the case of the Parking Authority, by resolution duly adopted by the Parking Authority Board; (B) in the case of the City, by resolution duly adopted by the City Council of the City; and (C) in the case of the Authority, by resolution duly adopted by the Board. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 23. Waiver of Personal Liability. No Board member, officer or employee of the Authority, the City or the Parking Authority shall be individually or personally liable for any claims, losses, damages, costs, injury and liability of any kind, nature or description arising from the actions of the Authority or the actions undertaken pursuant to this Agreement, and the City shall defend such Board members, officers or employees against any such claims, losses, damages, costs, injury and liability. Without limiting the generality of the foregoing, no Board member, officer or employee of the Authority or of any Member shall be personally liable on any Bonds or be subject to any personal liability or accountability by reason of the issuance of Bonds pursuant to the Act and this Agreement. To the fullest extent permitted by law, the Board shall provide for indemnification by the Authority of any person who is or was a member of the Board, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member of the Board, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in the course and scope of his or her office, employment or Authority. In the case of a criminal proceeding, the Board may provide for indemnification and defense of a member of the Board, or an officer, employee or other agent of the Authority to the extent permitted by law. Section 24. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. 11 Section 25. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Where reference is made to duties to be performed for the Authority by a public official or employee, such duties may be performed by that person’s duly authorized deputy or assistant. Where reference is made to actions to be taken by the Parking Authority or the City, such action may be exercised through the officers, staff or employees of the Parking Authority or the City, as the case may be, in the manner provided by law. This Agreement is made in the State, under the Constitution and laws of the State and is to be construed as a contract made and to be performed in the State. This Agreement is the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof, which supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between the parties relating to the subject matter of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] S-1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, as of the day and year first above written. CITY OF SOUTH SAN FRANCISCO By: Michael Futrell, City Manager Attest: Rosa Govea Acosta, City Clerk Approved as to Form: Sky Woodruff, City Attorney PARKING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO By: Michael Futrell, Executive Director Attest: Rosa Govea Acosta, Secretary Approved as to Form: Sky Woodruff, Authority Counsel City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-986 Agenda Date:12/11/2019 Version:1 Item #:3a. Resolution of the City of South San Francisco Authorizing the Execution and Delivery of a Joint Exercise of Powers Agreement By and Between the City of South San Francisco and the Parking Authority of the City of South San Francisco WHEREAS,the City of South San Francisco,California (the “City”),is a general law city organized and existing under the laws of the State of California; and WHEREAS,the City,acting pursuant to Article I (commencing with Section 6500)of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “JPA Act”)may enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them and,pursuant to Government Code Section 6588,exercise certain additional powers; and WHEREAS,the City and the Parking Authority of the City of South San Francisco (the “Parking Authority”)desire to create and establish the City of South San Francisco Public Facilities Financing Authority (the “Authority”) pursuant to the JPA Act; and WHEREAS,there has been presented at this meeting a proposed form of Joint Exercise of Powers Agreement [Exhibit A],dated as of December 1,2019 (the “Joint Powers Agreement”),by and between the City and the Parking Authority, which Joint Powers Agreement creates and establishes the Authority; and WHEREAS,under California law and the Joint Powers Agreement,the Authority will be a public entity separate and apart from the parties to the Joint Powers Agreement,and the debts,liabilities and obligations of the Authority will not be the debts,liabilities or obligations of the City,the Parking Authority or any representative of the City or the Parking Authority serving on the governing body of the Authority. NOW, THEREFORE, the City of South San Francisco, does hereby resolve as follows: 1.The above recitals and the statements,findings and determinations set forth in the preamble of the Joint Powers Agreement are true and correct. 2.The form of the Joint Powers Agreement on file with the City Clerk is hereby approved.The Mayor, the Vice Mayor or the City Manager or the designee thereof is hereby authorized and directed,on behalf of the City,to execute and deliver the Joint Powers Agreement substantially in the approved form,with such changes as may be recommended by the City Attorney or Stradling Yocca Carlson & Rauth,a Professional Corporation,as Bond Counsel,said execution being conclusive evidence of such approval. 3.The Mayor,the Vice Mayor,the City Clerk or the City Manager or the designee thereof and any other proper officer of the City,acting singly,be and each of them hereby is authorized and directed City of South San Francisco Printed on 1/27/2020Page 1 of 2 powered by Legistar™ File #:19-986 Agenda Date:12/11/2019 Version:1 Item #:3a. other proper officer of the City,acting singly,be and each of them hereby is authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by the Joint Powers Agreement and this resolution.All prior actions of such officers or staff of the City with respect thereto are hereby ratified and approved. 4.This resolution shall take effect immediately upon its passage. ***** City of South San Francisco Printed on 1/27/2020Page 2 of 2 powered by Legistar™ JOINT EXERCISE OF POWERS AGREEMENT by and between CITY OF SOUTH SAN FRANCISCO and PARKING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO creating the CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES FINANCING AUTHORITY dated as of December 1, 2019 EXHIBIT A TABLE OF CONTENTS Page i Section 1. Definitions ....................................................................................................................... 2 Section 2. Purpose ............................................................................................................................ 3 Section 3. Term ................................................................................................................................ 3 Section 4. The Authority .................................................................................................................. 3 A. Creation of the Authority .................................................................................... 3 B. Governing Board ................................................................................................. 3 C. Meetings of Board ............................................................................................... 3 D. Officers; Duties; Bonds ....................................................................................... 5 Section 5. Powers ............................................................................................................................. 7 Section 6. Termination of Powers .................................................................................................... 7 Section 7. Fiscal Year ....................................................................................................................... 7 Section 8. Disposition of Assets ....................................................................................................... 7 Section 9. Contributions and Advances............................................................................................ 7 Section 10. Bonds ............................................................................................................................... 8 A. Authority To Issue Bonds .................................................................................... 8 B. Bonds Limited Obligations.................................................................................. 8 Section 11. Agreement Not Exclusive ................................................................................................ 8 Section 12. Accounts and Reports ...................................................................................................... 8 A. Audits .................................................................................................................. 9 B. Audit Reports ...................................................................................................... 9 Section 13. Funds ............................................................................................................................... 9 Section 14. Conflict of Interest Code ................................................................................................. 9 Section 15. Breach .............................................................................................................................. 9 Section 16. Notices ............................................................................................................................. 9 Section 17. Withdrawal ...................................................................................................................... 9 Section 18. Effectiveness.................................................................................................................. 10 Section 19. Severability .................................................................................................................... 10 Section 20. Successors; Assignment ................................................................................................ 10 Section 21. Amendment of Agreement ............................................................................................ 10 Section 22. Form of Approvals ........................................................................................................ 10 Section 23. Waiver of Personal Liability ......................................................................................... 10 Section 24. Section Headings ........................................................................................................... 10 Section 25. Miscellaneous ................................................................................................................ 11 JOINT EXERCISE OF POWERS AGREEMENT THIS JOINT EXERCISE OF POWERS AGREEMENT, dated as of December 1, 2019, is entered into by and between the CITY OF SOUTH SAN FRANCISCO (the “City”), a general law city organized and existing under the laws of the State, and the PARKING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO (the “Parking Authority”), a parking authority organized and existing under the laws of the State (each of the City and the Parking Authority, a “Member”). DECLARATION OF PURPOSE A. Chapter 5 of Division 7 of Title 1 of the Government Code authorizes the City and the Parking Authority to create a joint exercise of powers entity which has the power to exercise any powers common to the City and the Parking Authority and to exercise additional powers granted to it under the Act (defined below), including but not limited to the issuance of bonds, (defined under Section 6584(c)(4) of the Act to include certificates of participation), pursuant to Section 6588 thereof. This Agreement creates such an entity, which shall be known as the City of South San Francisco Public Facilities Financing Authority, for the purposes and to exercise the powers described herein. B. Article 4 of the Act (known as the “Marks-Roos Local Bond Pooling Act of 1985,” Government Code Section 6584 et seq.) authorizes and empowers the Authority to issue Bonds (defined below) and to purchase bonds issued by, or to make loans to, the City or the Parking Authority or other public or private entity for financing or providing interim financing for the acquisition, construction, installation and improvement of public facilities and other public capital improvements, working capital, liability and other insurance needs, or projects whenever there are significant public benefits, as determined by the City or the Parking Authority. The Marks-Roos Local Bond Pooling Act of 1985 further authorizes and empowers the Authority to sell Bonds so issued or purchased to public or private purchasers at public or negotiated sale. C. Each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations. D. Each Member is also empowered by law to acquire and dispose of real property for a public purpose. E. The Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement, and to exercise the additional powers granted to it in the Act and any other applicable provisions of the laws of the State of California. F. A public entity established pursuant to the Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein, and to otherwise undertake financing programs under the Act or other applicable provisions of the laws of the State of California to accomplish its public purposes. 2 G. The Members have determined to specifically authorize a public entity authorized pursuant to the Act to issue Bonds (as defined below) pursuant to the Act or other applicable provisions. H. It is the desire of the Members to use a public entity established pursuant to the Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitation Members use of existing or new financial instruments and mechanisms. I. It is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members. TERMS OF AGREEMENT Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall for all purposes of this Agreement have the meanings herein specified. Act. The term “Act” means Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code (Section 6500 et seq.), as amended from time to time. Agreement. The term “Agreement” means this Joint Exercise of Powers Agreement, as it may be amended from time to time, creating the Authority. Authority. The term “Authority” means the City of South San Francisco Public Facilities Financing Authority created by this Agreement. Board. The term “Board” means the governing board of the Authority, which shall be comprised of the City Council of the City as set forth in Section 4.B hereof. Bonds. The term “Bonds” means bonds and any other evidence of indebtedness of the Authority authorized and issued pursuant to the Act, including but not limited to Section 6584(c) thereof. Brown Act. The term “Brown Act” means the Government Code provisions at Section 54950 et seq. governing the notice and agenda requirements for meetings of government agencies in the State and any later amendments, revisions, or successor enactments. City. The term “City” means the City of South San Francisco, a general law city organized and existing under the laws of the State. Fiscal Year. The term “Fiscal Year” has the meaning set forth in Section 7. Government Code. The term “Government Code” means the Government Code of the State. Indenture. The term “Indenture” means each indenture, trust agreement or other such instrument pursuant to which Bonds are issued. Member. The term “Member” or “Members” means the City and/or the Parking Authority, as appropriate. 3 Parking Authority. The term “Parking Authority” means the Parking Authority of the City of South San Francisco, a Parking Authority organized and existing pursuant to the Parking Law of 1949, Streets and Highways Code Section 32500 et seq., and all successor statutes and implementing regulations thereto. State. The term “State” means the State of California. Streets and Highways Code. The term “Streets and Highways Code” means the Streets and Highways Code of the State. Section 2. Purpose. This Agreement is made pursuant to the Act for the purpose of assisting in the financing and refinancing of capital improvement projects of the Members and other activities of the Members as permitted under the Act by exercising the powers referred to in this Agreement. Section 3. Term. This Agreement shall become effective in accordance with Section 18 hereof and shall continue in full force and effect until terminated by a supplemental agreement of the Parking Authority and the City; provided, however, that in no event shall this Agreement terminate while any Bonds or other obligations of the Authority remain outstanding under the terms of any indenture, trust agreement, contract, agreement, lease, sublease or other instrument pursuant to which such Bonds are issued or other obligations are incurred. Section 4. The Authority. A. Creation of the Authority. There is hereby created pursuant to the Act an authority and public entity to be known as the “City of South San Francisco Public Facilities Financing Authority.” As provided in the Act, the Authority shall be a public entity separate from the City and the Parking Authority. The debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the City or the Parking Authority. Within 30 days after the effective date of this Agreement or any amendment hereto, the Authority will cause a notice of this Agreement or amendment to be prepared and filed with the office of the Secretary of State of the State in the manner set forth in Section 6503.5 of the Act. Such notice shall also be filed with the office of the Controller of the State. B. Governing Board. The Authority shall be administered by the Board, which shall consist of the City Council of the City. The term of office as a member of the Board shall terminate when such member of the Board shall cease to hold his or her respective office at the City; and the successor to such officer or director of the City shall become a member of the Board upon assuming such office. C. Meetings of Board. (1) Time and Place. The Board shall hold its regular meetings concurrently with and/or immediately following the regular meetings of the City and the same shall occur consistent with the schedule set by resolution of the City for its regular meetings as to time/place and location. The Board may suspend the holding of regular meetings so long as there is no need for Authority business, and provided that any action taken regarding the sale of Bonds shall occur by resolution placed on a noticed and posted meeting agenda consistent with the requirements 4 for regular meetings under the Brown Act. At all times, each regular meeting of the Authority shall take place pursuant to a 72 hour notice and agenda requirement or as otherwise provided by the Brown Act. The Board may hold special meetings at any time and from time to time in accordance with the Brown Act. A special meeting may be called at any time by the Secretary of the Authority or the Executive Director of the Authority by delivering written notice to each Board member. Such written notice may be dispensed with as to any Board member who at or prior to the time the meeting convenes files with the Secretary of the Authority a written waiver of notice. Such waiver may be given by telegram or telecopy. Such written notice may also be dispensed with as to any member who is actually present at the meeting. Nothing contained in this Agreement shall be construed to prevent the Board from holding closed sessions during a regular or special meeting concerning any matter permitted by law to be considered in a closed session. All public hearings held by the Board shall be held during regular or special meetings of the Board. The Board may adjourn any meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all Board members are absent from any regular meeting or adjourned regular meeting, the Secretary or acting Secretary of the Authority may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this Section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. Any public hearing being held, or any hearing noticed or ordered to be held at any meeting may by order or notice of continuance be continued or re-continued to any subsequent meeting in the same manner and to the same extent set forth herein for the adjournment of the meetings; provided that, if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. The Chair of the Board or the Executive Director of the Authority shall prepare or approve the agenda of all meetings. Business will be conducted according to the agenda, except when determined by the Board as permitted by law. The presiding officer at the meeting shall determine the rules of conduct. (2) Legal Notice. All regular and special meetings of the Board shall be called, noticed, held and conducted subject to the provisions of the Brown Act. 5 (3) Minutes. The Secretary of the Authority shall cause minutes of all meetings of the Board to be kept and shall, as soon as practicable after each meeting, cause a copy of the minutes to be forwarded to each member of the Board. (4) Quorum. A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn meetings from time to time. Any action or decision of the Authority shall be on motion duly approved by a majority of the Board at a lawfully held meeting. D. Officers; Duties; Bonds. (1) The officers of the Authority shall be the Chair, the Vice Chair, the Secretary, the Treasurer and the Executive Director. Such officers may be directors or officers of the City serving ex officio. (A) Chair. The Chair of the Authority shall be the Board member who is the Mayor of the City. The term of office shall be the same as the term of the Mayor of the City. The Chair shall preside at all meetings of the Authority, and shall submit such information and recommendations to the Board as he or she may consider proper concerning the business, policies and affairs of the Authority. (B) Vice Chair. The Vice Chair shall be the Board member who is the Vice Mayor of the City. The term of office shall be the same as the term of the Vice Mayor of the City. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. In case of the resignation or death of the Chair, the Vice Chair shall perform such duties as are imposed on the Chair, until such time as a new Chair is selected or appointed. (C) Secretary. The City Clerk of the City is hereby designated as the Secretary of the Authority. The Secretary shall keep the records of the Authority, shall act as Secretary at the meetings of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. Any duly appointed Deputy City Clerk of the City shall perform the duties of the Secretary as a Deputy Secretary in the absence or incapacity of the Secretary. (D) Treasurer. The Director of Finance of the City is hereby designated as the Treasurer of the Authority. Subject to the applicable provisions of any trust agreement, indenture or resolution providing for a trustee or other fiscal agent, the Treasurer is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and shall file an official bond if so required by the Board of the Authority and, as such, shall have the powers, duties and responsibilities specified in Section 6505.1 of the Act. (E) Executive Director. The City Manager of the City is hereby designated as the Executive Director of the Authority and shall be responsible for execution and supervision of the affairs of the Authority. Except as otherwise authorized by resolution of the Board, the Executive Director or the Executive Director’s designee shall sign all contracts, deeds and other instruments executed by the Authority. In addition, subject to the applicable provisions of any trust agreement, indenture or resolution providing for a trustee or other fiscal agent, the Executive Director is designated as the public officer or person who has charge of, handles, or has access to any 6 property of the Authority, and shall file an official bond if so required by the Board and, as such, shall have the powers, duties and responsibilities specified in Section 6505.1 of the Act. (2) So long as required by Sections 6505 and 6505.5 of the Act, the Treasurer of the Authority shall prepare or cause to be prepared: (a) a special audit as required pursuant to Section 6505 of the Act no less frequently than once in every two-year period during the term of this Agreement; and (b) a report in writing on the first day of July, October, January and April of each year to the Board, the City and the Parking Authority, which report shall describe the amount of money held by the Treasurer of the Authority for the Board, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provides regular reports covering such amounts). (3) The services of the officers shall be without compensation by the Authority unless said officers are otherwise compensated in accordance with Section 4.B. hereinabove or as employees of the City. The City will provide such other administrative services as required by the Authority, and shall not receive economic remuneration from the Authority for the provision of such services. (4) The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. (5) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker’s compensation and other benefits which apply to the activities of officers, agents or employees of the Members when performing their respective functions within the territorial limits of their respective Member shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. (6) None of the officers, agents or employees, if any, directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by any Member or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member. (7) The Members hereby confirm their intent and agree that, as provided in Section 4.A hereof and in the Act, the debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of the City or the Parking Authority. (8) In any event, the Authority or the City shall cause all records regarding the Authority’s formation, existence, operations, any Bonds issued by the Authority, obligations incurred by it and proceedings pertaining to its termination to be retained for at least six (6) years following termination of the Authority or final payment of any Bonds issued by the Authority, whichever is later. (9) Confirmation of officers shall be the first order of business at the first meeting of the Authority, regular or special, held in each calendar year. (10) No Board member, officer, agent or employee of the Authority, without prior specific or general authority by a vote of the Board, shall have any power or authority 7 to bind the Authority by any contract, to pledge its credit, or to render it liable for any purpose in any amount. Section 5. Powers. The Authority shall have any and all powers which are common powers of the City and the Parking Authority, and any and all powers separately conferred by law upon the Authority. All such powers, whether common to the Members or separately conferred by law upon the Authority, are specified as powers of the Authority to the extent required by law, except any such powers which are specifically prohibited to the Authority by applicable law. The Authority’s exercise of its powers is subject to the restrictions upon the manner of exercising the powers of the City. The Authority is hereby authorized, in its own name, to do all acts necessary or convenient for the exercise of its powers, including, but not limited to, any or all of the following: to sue and be sued; to make and enter into contracts; to employ agents, consultants, attorneys, accountants, and employees; to acquire, hold or dispose of property, whether real or personal, tangible or intangible, wherever located; and to issue Bonds or otherwise incur debts, liabilities or obligations to the extent authorized by the Act or any other applicable provision of law and to pledge any property or revenues or the rights thereto as security for such Bonds and other indebtedness. Notwithstanding the foregoing, the Authority shall have any additional powers conferred under the Act or under applicable law, insofar as such additional powers may be necessary to accomplish the purposes set forth in Section 2 hereof. Section 6. Termination of Powers. The Authority shall continue to exercise the powers herein conferred upon it until the termination of this Agreement in accordance with Section 3 hereof. Section 7. Fiscal Year. Unless and until changed by resolution of the Board, the Fiscal Year of the Authority shall be the period from July 1 of each year to and including the following June 30, except for the first Fiscal Year, which shall be the period from the date of this Agreement to June 30, 2020. Section 8. Disposition of Assets. Upon termination of this Agreement pursuant to Section 3 hereof, any surplus money in possession of the Authority or on deposit in any fund or account of the Authority shall be returned in proportion to any contributions made as required by Section 6512 of the Act. The Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. After rescission or termination of this Agreement pursuant to Section 3 hereof, all property of the Authority, both real and personal, shall be distributed to the City, subject to Section 9 hereof. Section 9. Contributions and Advances. Contributions or advances of public funds and of personnel, equipment or property may be made to the Authority by the City and the Parking Authority for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance made in respect of a revenue-producing facility shall be made subject to repayment, and shall be repaid, in the manner agreed upon by the City or the Parking Authority, as the case may be, and the Authority at the time of making such advance as provided by Section 6512.1 of the Act. It is mutually understood and agreed that neither the City nor the Parking Authority has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though either 8 may do so. The City or the Parking Authority may allow the use of personnel, equipment or property in lieu of other contributions or advances to the Authority. Section 10. Bonds. A. Authority To Issue Bonds. When authorized by the Act or other applicable provisions of law and by resolution of the Board, the Authority may issue Bonds for the purpose of raising funds for the exercise of any of its powers or to otherwise carry out its purposes under this Agreement. Said Bonds shall have such terms and conditions as are authorized by the Board. Among other things, the Marks-Roos Local Bond Pooling Act of 1985 authorizes the Authority, to execute and deliver or cause to be executed and delivered certificates of participation in a lease or installment sale agreement with any public or private entity. The Authority, at its option, may issue or cause to be issued bonds, rather than certificates of participation, and enter into a loan agreement with any public or private entity. B. Bonds Limited Obligations. The Bonds, including the principal and any purchase price thereof, and the interest and premium, if any, thereon, shall be special obligations of the Authority payable solely from, and secured solely by, the revenues, funds and other assets pledged therefor under the applicable Indenture(s) and shall not constitute a charge against the general credit of the Authority. The Bonds shall not be secured by a legal or equitable pledge of, or lien or charge upon or security interest in, any property of the Authority or any of its income or receipts except the property, income and receipts pledged therefor under the applicable Indenture(s). The Bonds shall not constitute a debt, liability or obligation of the State or any public authority thereof, including the Parking Authority and the City, other than the special obligation of the Authority as described above. Neither the faith and credit nor the taxing power of the State or any public authority thereof, including the Parking Authority and the City, shall be pledged to the payment of the principal or purchase price of, or the premium, if any, or interest on the Bonds, nor shall the State or any public authority or instrumentality thereof, including the Parking Authority and the City, in any manner be obligated to make any appropriation for such payment. The Authority shall have no taxing power. No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any director, officer, agent or employee of the Authority in his or her individual capacity, and no director or officer of the Authority executing a Bond shall be liable personally on such Bond or be subject to any personal liability or accountability by reason of the issuance of such Bond. Section 11. Agreement Not Exclusive. This Agreement shall not be exclusive and shall not be deemed to amend or alter the terms of other agreements between the City and the Parking Authority, except as the terms of this Agreement shall conflict therewith, in which case the terms of this Agreement shall prevail. Section 12. Accounts and Reports. All funds of the Authority shall be strictly accounted for in books of account and financial records maintained by the Authority, including a report of all receipts and disbursements. The Authority shall establish and maintain such funds and accounts as may be required by generally accepted accounting principles and by each Indenture for outstanding Bonds (to the extent that such duties are not assigned to a trustee for owners of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by the City and the Parking Authority and their representatives. 9 The Authority shall require that each Indenture provide that the trustee appointed thereunder shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of such Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out the requirements of this Section. A. Audits. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority in compliance with the requirements of the Act. Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. B. Audit Reports. The Treasurer of the Authority, as soon as practicable after the close of each Fiscal Year, but in any event within the time necessary to comply with the requirements of the Act, shall file a report of the audit performed pursuant to Subsection A of this Section as required by the Act and shall send a copy of such report to public entities and persons in accordance with the requirements of the Act. Section 13. Funds. Subject to the provisions of each Indenture for outstanding Bonds providing for a trustee to receive, have custody of and disburse funds which constitute Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to accounting procedures approved by the Board and shall make the disbursements required by this Agreement or otherwise necessary to carry out the provisions and purposes of this Agreement. Section 14. Conflict of Interest Code. The Authority shall, by resolution, adopt a Conflict of Interest Code to the extent required by law. Such Conflict of Interest Code may be the conflict of interest code of the City. Section 15. Breach. If default shall be made by the City or the Parking Authority in any covenant contained in this Agreement, such default shall not excuse either the City or the Parking Authority from fulfilling its obligations under this Agreement, and the City and the Parking Authority shall continue to be liable for the payment of contributions and the performance of all conditions herein contained. The City and the Parking Authority hereby declare that this Agreement is entered into for the benefit of the Authority created hereby and the City and the Parking Authority hereby grant to the Authority the right to enforce by whatever lawful means the Authority deems appropriate all of the obligations of each of the parties hereunder. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. Section 16. Notices. Notices to the City and the Parking Authority hereunder shall be sufficient if delivered to the Director of Finance of the City. Section 17. Withdrawal. Neither the Parking Authority nor the City may withdraw from this Agreement prior to the end of the term of this Agreement determined in accordance with Section 3. 10 Section 18. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of the Parking Authority and the City when each party has executed a counterpart of this Agreement. Section 19. Severability. Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby. Section 20. Successors; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent expressly provided herein, neither party may assign any right or obligation hereunder without the consent of the other. Section 21. Amendment of Agreement. This Agreement may be amended by supplemental agreement executed by the Members at any time; provided, however, that this Agreement may be terminated only in accordance with Section 3 hereof and, provided further, that such supplemental agreement shall be subject to any restrictions contained in any Bonds or documents related to any Bonds to which the Authority is a party. Section 22. Form of Approvals. Whenever an approval is required in this Agreement, unless the context specifies otherwise, it shall be given: (A) in the case of the Parking Authority, by resolution duly adopted by the Parking Authority Board; (B) in the case of the City, by resolution duly adopted by the City Council of the City; and (C) in the case of the Authority, by resolution duly adopted by the Board. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 23. Waiver of Personal Liability. No Board member, officer or employee of the Authority, the City or the Parking Authority shall be individually or personally liable for any claims, losses, damages, costs, injury and liability of any kind, nature or description arising from the actions of the Authority or the actions undertaken pursuant to this Agreement, and the City shall defend such Board members, officers or employees against any such claims, losses, damages, costs, injury and liability. Without limiting the generality of the foregoing, no Board member, officer or employee of the Authority or of any Member shall be personally liable on any Bonds or be subject to any personal liability or accountability by reason of the issuance of Bonds pursuant to the Act and this Agreement. To the fullest extent permitted by law, the Board shall provide for indemnification by the Authority of any person who is or was a member of the Board, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member of the Board, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in the course and scope of his or her office, employment or Authority. In the case of a criminal proceeding, the Board may provide for indemnification and defense of a member of the Board, or an officer, employee or other agent of the Authority to the extent permitted by law. Section 24. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. 11 Section 25. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Where reference is made to duties to be performed for the Authority by a public official or employee, such duties may be performed by that person’s duly authorized deputy or assistant. Where reference is made to actions to be taken by the Parking Authority or the City, such action may be exercised through the officers, staff or employees of the Parking Authority or the City, as the case may be, in the manner provided by law. This Agreement is made in the State, under the Constitution and laws of the State and is to be construed as a contract made and to be performed in the State. This Agreement is the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof, which supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between the parties relating to the subject matter of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] S-1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, as of the day and year first above written. CITY OF SOUTH SAN FRANCISCO By: Michael Futrell, City Manager Attest: Rosa Govea Acosta, City Clerk Approved as to Form: Sky Woodruff, City Attorney PARKING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO By: Michael Futrell, Executive Director Attest: Rosa Govea Acosta, Secretary Approved as to Form: Sky Woodruff, Authority Counsel City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-965 Agenda Date:12/11/2019 Version:1 Item #:4. Report regarding an Ordinance repealing and replacing Chapters 15.06,15.08,15.10,15.12,15.14,15.16, 15.20,15.22,15.24,15.26,15.32,15.34 and 15.36 of the South San Francisco Municipal Code pertaining to building regulations in their entirety,and adopting by reference and amending the 2019 Editions of the California Administrative,Building,Residential,Electrical,Mechanical,Plumbing,Energy,Historical Building,Fire,Green Building Standards,Existing Building,Referenced Standards Codes,and the International Property Maintenance Code. (Phillip Perry, Building Official) RECOMMENDATION It is recommended that the City Council waive reading and adopt the Ordinance repealing and replacing Chapters 15.06,15.08,15.10,15.12,15,14 15.16,15.20,15.22,15.24,15.26,15.32,15.34 and 15.36 of the South San Francisco Municipal Code.Adding Chapters 15.06,15.08,15.10,15.12,15.14,15.16,15.20,15.22,15.24, 15.26,15.32,15.34,15.36,and Adopting by Reference and Amending the 2019 Editions of the California Administrative,Building,Residential with Appendix K,Electrical,Mechanical,Plumbing,Energy,Historical Building,Fire with Appendices BB,C,and D,Existing Building,Green Building Standards,and Referenced Standards Codes,2019 Editions,respectively,and adopting by reference the International Property Maintenance Code. BACKGROUND/DISCUSSION The Council previously introduced this ordinance at its October 9,2019 meeting to adopt the California Building Standards Code by reference,based on its triennial update,and to make additional amendments based on findings of special local conditions in South San Francisco. (Introduced on 10/9/19; Vote 5-0) CONCLUSION This ordinance is now ready for adoption. City of South San Francisco Printed on 1/27/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. An ordinance repealing and replacing Chapters 15.06 (California Administrative Code), 15.08 (California Building Code), 15.10 (Uniform Housing Code), 15.12 (California Plumbing Code), 15.14 (California Residential Code), 15.16 (California Mechanical Code), 15.20 (California Electrical Code), 15.22 ( California Green Building Standards Code), 15.24 (California Fire Code), 15.26 (California Energy Code), 15.32 (California Historical Building Code), 15.34 (California Existing Building Code), and 15.36 (California Referenced Standards Code) of the South San Francisco Municipal Code in order to adopt by reference and amend provisions of the 2019 Edition of the California Building Standards Code, California Code of Regulations, Title 24, parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12. WHEREAS, the 2019 California Building Standards Code has been amended and adopted by the California Building Standards Commission; and WHEREAS, the City of South San Francisco (“City”) wishes to adopt building and fire code regulations in accordance with law and to use the most updated regulations in the processing of development and fire protection within the City; and WHEREAS, Government Code § 50022.2 authorizes cities to enact ordinances adopting any code by reference; and WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof; and WHEREAS, because of the City’s unique climatic, geologic, and topographic conditions, the City desires to make amendments and additions to the building and fire code regulations, as set forth herein; and WHEREAS, pursuant to California Health and Safety Code sections 18941.5 and 17958, the City Council of the City of South San Francisco hereby finds that the amendments adopted herein are reasonably necessary because of local climatic, geologic and topographic conditions; and WHEREAS, in accordance with Health and Safety Code Section 17958.7, the City Council hereby finds that the findings attached and incorporated as Exhibit A are applicable to the modifications described in this Ordinance; and WHEREAS, prior to the effective date of this Ordinance, the City Clerk shall file a copy of the City of South San Francisco Printed on 1/27/2020Page 1 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. Ordinance, including the findings, with the California Building Standards Commission. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1 Repeal Chapters 15.06,15.08,15.10,15.12,15.14,15.16,15.20,15.24,15.26,15.32,15.34 and 15.36 of the South San Francisco Municipal Code are hereby repealed in their entirety.This repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of this chapter prior to the effective date of this ordinance. SECTION 2 Findings The City Council of the City of South San Francisco finds that in order to best protect the health, safety and welfare of the citizens of the City of South San Francisco, the standards of building within the City must conform to state law except where local climatic, geological, and topographic conditions warrant more restrictive regulations. Therefore, the City Council should adopt the current state building codes, contained in the 2019 California Building Standards Code , and other codes governing the construction and regulation of buildings, structures and fire protection, with the modifications, additions and amendments contained herein. Pursuant to California Health and Safety Code Section 17958.7, the City Council makes the factual findings set forth in “Exhibit A” attached hereto and incorporated herein by reference, and finds that the amendments made in this ordinance to the 2019 California Building Standards Code, codified in the California Code of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12, are reasonably necessary because of the local climatic, geological or topographical conditions described in Exhibit A. SECTION 3 Adoption of the California Building Standards Code SECTION 3.A Adopt Chapter 15.06 - California Administrative Code Chapter 15.06 of the South San Francisco Municipal Code,entitled “California Administrative Code” is hereby added to read as follows: Section 15.06.010 California Administrative Code, 2019 Edition, adopted by reference. The California Administrative Code,2019 Edition,published by the International Code Council,is hereby adopted by reference as the California Administrative Code for building codes of the City of South San Francisco, and may be cited as such. SECTION 3.B Adopt Chapter 15.08 - California Building Code Chapter 15.08 of the South San Francisco Municipal Code,entitled “California Building Code”is hereby added to read as follows: Section 15.08.010 California Building Code Vols. 1 and 2, adopted by reference Section 15.08.020 Amendments, General. City of South San Francisco Printed on 1/27/2020Page 2 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. Section 15.08.030 Concrete Slab Design. Section 15.08.040 Moved Buildings and Temporary Structures. Section 15.08.050 Spark Arresters. Section 15.08.010 California Building Code Vols. 1 and 2, adopted by reference The California Building Code Volumes 1 and 2,2019 Edition,published by the International Code Council,and as modified by the amendments,additions and deletions set forth hereinafter,is hereby adopted by reference as the California Building Code of the City of South San Francisco,and may be cited as such. Section 15.08.020 Amendments, General. Set forth below are the amendments,additions and deletions to the 2019 California Building Code, Volume 1 and 2.Chapter,section and table numbers used herein are those of the California Building Code. Section 15.08.030 Concrete Slab Design. Section 1907.1.2 Slab on Grade is added to read as follows: New concrete slabs supported directly on the ground within the foundation perimeter and used as a finished floor, or as a base for other floor finishes shall meet the following requirements: 1.Steel reinforcement equivalent to no.3 deformed steel bars at 18 inches on center each way placed approximately mid-depth within the concrete slab.Blocks or chairs shall be provided in order to maintain the reinforcement in the center of the slab. Section 15.08.040 Moved Buildings and Temporary Structures. Section 3410.2 Moved Buildings is added to read as follows: Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures.In addition to all other requirements of the building code relative to the moving of buildings and structures,no permit for the moving of a building or structure shall be granted until the applicant has filed with the Chief Building Official the following items: 1.A performance bond in favor of the city,of not less than one thousand dollars ($1,000.00)nor more than one hundred thousand dollars ($100,000.00),as the Chief Building Official may determine,shall be conditioned to require the applicant to strictly comply with all conditions and provisions of this chapter,and of any provision of the municipal code relating to the moving of buildings or structures,and of any order,rule or regulation which may be hereafter passed or adopted by the City Council.The applicant also shall be required to pay any and all damages to any fence,hedge,tree,pavement,sidewalk,street,curb,gas,sewer or water pipe,electric wire or pole supporting the same,or to any public or private property which may result from moving the building or structure; and 2.An undertaking to indemnify,defend and hold harmless the city and its elective officers,agents City of South San Francisco Printed on 1/27/2020Page 3 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. 2.An undertaking to indemnify,defend and hold harmless the city and its elective officers,agents and employees against all liabilities,claims,actions,judgments,cost or any expense which may for any reason arise out of the issuance of said permit or moving of such buildings or structures. All removals made under any permit granted for such moving shall be done over and along only the street or streets designated in such permit,and at the times therein specified,and shall be done in a careful manner to the satisfaction of the Chief Building Official,and the Public Works Director/City Engineer. No person owning or having charge of the removal of any building or structure being moved over any street,shall permit such building or structure to be,or stand,on any street within the limits of any one block for a period of more than twenty-four (24) hours. No person owning or having charge of the removal of any building or structure being moved over any street,shall allow or cause injury to any fence,hedge,tree,pavement,street,sidewalk,curb,gas pipe, water pipe,sewer pipe,electric wire or pole supporting same,or any other public or private property by reason of such removal. Temporary structures such as reviewing stands and other miscellaneous structures,sheds, construction trailers,canopies or fences used for the protection of the public and/or in conjunction with construction work may be erected by special permit from the Chief Building Official for a limited period of time.Such buildings or structures need not comply with the type of construction or fire- resistive time periods required by this code.Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. Section 15.08.050 Spark Arresters. Section 1510.7 Spark Arresters Required is added to read as follows: Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester.The net free area of the spark arrester shall not be less than four times the net free area of the outlet of the chimney.The spark arrester screen shall be heat and corrosion resistant equivalent to 12 gage wire,19-gage galvanized or 24-gage stainless steel.Openings shall not permit the passage of spheres having a diameter larger than ½inch and shall not block the passage of spheres having a diameter of less than 3/8 inch. SECTION 3.C Adopt Chapter 15.10 - International Property Maintenance Code. Chapter 15.10 of the South San Francisco Municipal Code,entitled “International Property Maintenance Code” is hereby added to read as follows: Section 15.10.010 International Property Maintenance Code, 2018 Edition, adopted by reference. Section 15.10.020 Amendments, General. Section 15.10.030 Authority. Section 15.10.040 Violations. Section 15.10.050 Penalties. City of South San Francisco Printed on 1/27/2020Page 4 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. Section 15.10.010 International Property Maintenance Code, adopted by reference. The International Property Maintenance Code,2018 Edition,and published by the International Code Council is hereby adopted by reference as the International Property Maintenance Code of the City of South San Francisco, and may be cited as such. Section 15.10.020 Amendments, General. Set forth below are the additions accompanying the adoption of International Property Maintenance Code, 2019 Edition. Chapter, to the South San Francisco Municipal Code. Section 15.10.030 Authority. The Building Official and the Fire Chief,or the designee of the City Manager are hereby authorized and directed to enforce all provisions of this code.For such purposes the Building Official shall have the powers of a law enforcement officer.In conflicts of interpretation on technical issues the Building Official shall govern. Section 15.10.040 Violations. It shall be unlawful for any person,firm or corporation to erect,construct,enlarge,alter,repair,move, improve,remove,convert or demolish,equip,use,occupy or maintain any building,structure or service equipment or cause or permit the same to be done in violation of provisions of this code.Each day during any portion of which any violation is committed or continued by any person,firm or corporation shall constitute a separate offense and shall be punishable as herein provided. Section 15.10.050 Penalties. Any person, firm or corporation who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by stated or local laws. SECTION 3.D Adopt Chapter 15.12 - California Plumbing Code Chapter 15.12 of the South San Francisco Municipal Code,entitled “California Plumbing Code”is hereby added to read as follows: Section 15.12.010 California Plumbing Code, 2019 Edition, adopted by reference. The California Plumbing Code,2019 Edition,and Appendix I,published by the International Association of Plumbing and Mechanical Officials,is hereby adopted by reference as the California Plumbing Code of the City of South San Francisco, and may be cited as such. SECTION 3.E Adopt Chapter 15.14 - California Residential Code City of South San Francisco Printed on 1/27/2020Page 5 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. Chapter 15.14 of the South San Francisco Municipal Code, entitled “California Residential Code” is hereby added to read as follows: Section 15.14.010 California Residential Code,2019 Edition,adopted by reference. Section 15.14.020 Amendments, General. Section 15.14.030 Concrete Slab Design Section 15.14.040 Moved Buildings and Temporary Structures Section 15.14.050 Spark Arresters Section 15.14.060 Evacuation and Grading Section 15.14.070 Work Hours Section 15.14.080 Amendments to Appendix K Section 15.14.010 California Residential Code Part 2.5, 2019 Edition, adopted by reference. The California Residential Code Part 2.5,2019 Edition,and appendices E,J,and K,published by the International Code Council,and as modified by the amendments,additions and deletions set forth hereinafter,is hereby adopted by reference as the California Residential Code of the City of South San Francisco, and may be cited as such. Section 15.14.020 Amendments, General Set forth below are the amendments,additions and deletions to the 2019 California Residential Code, Part 2.5,2019 Edition.Chapter,section and table numbers used herein are those of the California Residential Code. Section 15.14.030 Concrete Slab Design Section R506.3 Slab on Grade in Conditioned Areas is added to read as follows: New concrete slabs supported directly on the ground and used as a finished floor or as a base for other floor finishes in conditioned rooms shall meet the following requirements: 1.Steel reinforcement equivalent to no.3 deformed steel bars at 18 inches on center each way placed approximately mid-depth within the concrete slab.Blocks or chairs shall be provided in order to maintain the reinforcement in the center of the slab. Section 15.14.040 Moved Buildings and Temporary Structures Section 1.8.10.3 Moved Structures is added to read as follows: Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures.In addition to all other requirements of the building code relative to the moving of buildings and structures,no permit for the moving of a building or structure shall be granted until the applicant has filed with the Chief Building Official: 1.A performance bond in favor of the city,of not less than one thousand dollars ($1,000.00)nor City of South San Francisco Printed on 1/27/2020Page 6 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. 1.A performance bond in favor of the city,of not less than one thousand dollars ($1,000.00)nor more than one hundred thousand dollars ($100,000.00),as the Chief Building Official may determine,shall be conditioned to require the applicant to strictly comply with all conditions and provisions of this chapter,and of any provision of the municipal code relating to the moving of buildings or structures,and of any order,rule or regulation which may be hereafter passed or adopted by the City Council.The applicant also shall be required to pay any and all damages to any fence,hedge,tree,pavement,sidewalk,street,curb,gas,sewer or water pipe,electric wire or pole supporting the same,or to any public or private property which may result from moving the building or structure. 2.An undertaking to indemnify,defend and hold harmless the city and its elective officers,agents and employees against all liabilities,claims,actions,judgments,cost or any expense which may for any reason arise out of the issuance of said permit or moving of such buildings or structures. All removals made under any permit granted for such moving shall be done over and along only the street or streets designated in such permit,and at the times therein specified,and shall be done in a careful manner to the satisfaction of the Chief Building Official,Superintendent of Public Works and the City Engineer. No person owning or having charge of the removal of any building or structure being moved over any street,shall permit such building or structure to be,or stand,on any street within the limits of any one block for a period of more than twenty-four (24) hours. No person owning or having charge of the removal of any building or structure being moved over any street,shall allow or cause injury to any fence,hedge,tree,pavement,street,sidewalk,curb,gas pipe, water pipe,sewer pipe,electric wire or pole supporting same,or any other public or private property by reason of such removal. Section 15.14.050 Spark Arresters Section R907.7 Spark Arresters Required is added to read as follows: Upon completion of a reroofing project,an approved spark arrestor meeting the criteria as set forth in section R1003.9.2 shall be installed on any chimney attached to an appliance or fireplace that burns solid fuel. Section 15.14.060 Excavation and Grading See the California Building Code, Volume 2, 2019 Edition. Section 15.14.070 Work Hours Section 1.8.10.4 Work Hours is added to read as follows: No construction,delivery,servicing or operation of tool and equipment,shall be conducted on weekdays between the hours of 7:00 p.m.and 7:00 a.m.,on Saturdays between the hours of 8:00 p.m. and 9:00 a.m., and on Sundays and holidays between the hours of 6:00 p.m. and 10:00 a.m. City of South San Francisco Printed on 1/27/2020Page 7 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. Section 15.14.080 Amendments to Appendix K Section AK102.1 is amended to read as follows: Section AK102 Air-Borne Sound. Section AK102.1 General: Amended Walls,partitions and floor-ceiling assemblies separating dwelling units from each other or from public or service areas shall have a sound transmission class (STC)of not less than 50 (45 if field tested)for air- borne noise when tested in accordance with ASTM E 90.Penetrations or openings in construction assemblies for piping,electrical devices,recessed cabinets,bathtubs,soffits,or heating,ventilating or exhaust ducts shall be sealed,lined,insulated or otherwise treated to maintain the required ratings.This requirement shall not apply to dwelling unit entrance doors;however,such doors shall be tight fitting to the frame and sill. Section AK103.1 is amended to read as follows: Section AK103 Structural-Borne Sound. Section AK103.1 General: Amended. Floor-ceiling assemblies between dwelling units or between a dwelling unit and a public or service area within the structure shall have an impact insulation class (IIC)rating of not less than 50 (45 if field tested) when tested in accordance with ASTM E 492. SECTION 3.F Adopt Chapter 15.16 - California Mechanical Code Chapter 15.16 of the South San Francisco Municipal Code,entitled “California Mechanical Code”is hereby added to read as follows: Section 15.16.010 California Mechanical Code, 2019 Edition, adopted by reference. The California Mechanical Code,2019 Edition,published by the International Association of Plumbing and Mechanical Officials,is hereby adopted by reference as the California Mechanical Code of the City of South San Francisco, and may be cited as such. SECTION 3.G Adopt Chapter 15.20 - California Electrical Code Chapter 15.20 of the South San Francisco Municipal Code,entitled “California Electrical Code”is hereby added to read as follows: Section 15.20.010 California Electrical Code, 2019 Edition, adopted by reference. The California Electrical Code,2019 Edition,published by the National Fire Protection Association,is hereby adopted by reference as the California Electrical Code of the City of South San Francisco,and City of South San Francisco Printed on 1/27/2020Page 8 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. may be cited as such. SECTION 3.H Adopt Chapter 15.22 - California Green Building Code Chapter 15.22 of the South San Francisco Municipal Code,entitled “California Green Building Code” is hereby added to read as follows: Section 15.22.010 California Green Building Code, 2019 Edition, adopted by reference. The California Green Building Standards Code,2019 Edition,published by the California Building Standards Commission,is hereby adopted by reference as the California Green Building Standards Code 2019 Edition of the City of South San Francisco, and may be cited as such. SECTION 3.I Adopt Chapter 15.24 - California Fire Code Chapter 15.24 of the South San Francisco Municipal Code,entitled “California Fire Code”is hereby added to read as follows Section 15.24.010 California Fire Code, 2019 Edition, adopted by reference. Section 15.24.020 Amendments, General. Section 15.24.030 Operational Permits. Section 15.24.040 Administrative Amendments Section 15.24.010 California Fire Code, 2019 edition, adopted by reference. The California Fire Code 2019 Edition,published by the California Building Standards Commission,as modified by the amendments,additions and deletions set forth hereinafter,is hereby adopted by reference as the California Fire Code 2019 Edition of the City of South San Francisco,and may be cited as such. Section 15.24.020 Amendments, General. Set forth below are the amendments,additions,and deletions to the California Fire Code with Appendices B, C, D, H, and I, 2019 Edition. California Fire Code Section 903.2 is hereby amended to read: 903.2 Where required.Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive. For the purposes of this section,firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1.In other than residential buildings which require the installation of fire sprinkler for all new buildings City of South San Francisco Printed on 1/27/2020Page 9 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. 1.In other than residential buildings which require the installation of fire sprinkler for all new buildings according to the California Building Code,an automatic sprinkler system shall be provided throughout all new buildings and structures greater than 1,000 square feet of building area. 2.Group S-2 or U occupancies used exclusively for vehicle parking and which meet all of the following: a. Noncombustible construction. b. Maximum building area not to exceed 5,000 square feet. c. Structure is open on three (3) or more sides. d.Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with California Building Code 706. 3.An automatic sprinkler system shall be provided throughout existing Group A,B,E,F,L,M,S and U buildings and structures,when additions are made that increase the building area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18. 4. An automatic sprinkler system shall be provided throughout existing Group R-3 occupancies when additions that create an increase in habitable space to more than 3,200 square feet. For purposes of floor area calculations, Group U (attached private garages or similar) occupancies shall not be included in the floor area calculation. 5.Any change in the character of occupancy or in use of any building with a building area equal to or greater than 3,600 square feet which,in the opinion of the fire code official or building official,would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2,shall require the installation of an approved fire automatic fire sprinkler system. 1 Life Safety -Increased occupant load,public assembly areas,public meeting areas,churches,indoor amusement attractions,buildings with complex exiting systems due to increased occupant loads,large schools/day-care facilities, large residential care facilities with non-ambulatory 2.Fire Risks -High-piled combustible storage,woodworking operations,hazardous operations using hazardous materials,increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding,automotive repair with the use of flammable liquids and open flames). California Fire Code Section 508.1 is hereby amended to read: 508.1 General.When required by other sections of this code and in all buildings four or more stories in height and all buildings classified as high-rise buildings by the California Building Code and Group I-2 occupancies having occupied floors located more than 75 feet (22,860mm)above the lowest level of fire department vehicle access,a fire command center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.7. City of South San Francisco Printed on 1/27/2020Page 10 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. Exception: 1.Buildings of four or more stories in height,but not classified as a high-rise by the California Building Code,the fire command center shall be a minimum of 96 square feet with a minimum dimension of eight feet. 2.Buildings with eight or fewer units,the fire command center shall be a minimum 48 square feet with a minimum dimension of six feet. California Fire Code Section 508.1.1 is hereby amended to read: 508.1.1 Location and access.The location and accessibility of the fire command center shall be approved by the fire code official.The fire command center shall be located adjacent to an approved fire apparatus access road and be accessible directly from the exterior of the building. California Fire Code Section 510.4.2 is hereby amended to read: 510.4.2 System Design.The design of the public safety radio coverage system shall be in accordance with NFPA 72, 1221, San Mateo County ERRC policy, and Sections 510.4.2.1 through 510.4.2.8. California Fire Code Section 510.5 is hereby amended to read: 510.5 Installation requirements.The installation of the public safety radio coverage system shall be in accordance with NFPA 72,1221,San Mateo County ERRC policy,and Sections 510.5.1 through 510.5.4. Section 15.24.030 Operational permits. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.52 as follows: 105.6.52 Child-Care Center.An operational permit is required to operate a child-care center as defined in Chapter 2. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.53 as follows: 105.6.53 Emergency Responder Radio Coverage System.An operational permit is required to maintain an emergency responder radio coverage system in accordance with Section 510. California Fire Code Section 106 is hereby amended by adding Section 105.6.54 as follows: 105.6.54 Hospitals and Psychiatric Hospitals.An operational permit is required to operate a hospital or psychiatric hospital as defined in Chapter 2. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.55 as follows: 105.6.55 Large Family Home Day Care.An operational permit is required to operate a Large Family City of South San Francisco Printed on 1/27/2020Page 11 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. Day Care as defined in Chapter 2. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.56 as follows: 105.6.56 Residential Care Facility for the Elderly.An operational permit is required to operate a residential care facility for the elderly having seven (7) or more residents as defined in Chapter 2. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.57 as follows: 105.6.57 Outdoor Assembly Event.A temporary operational permit is required to operate an outdoor assembly event. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.58 as follows: 105.6.58 Holiday Tree Sales Lot.A temporary operational permit is required to operate a holiday tree lot for the seasonal sales of natural cut trees. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.59 as follows: 105.6.59 Permit-Required Confined Space.An operational permit is required to operate a facility that contains permit-required confined spaces. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.60 as follows: 105.6.60 Fire Alarm System.An operational permit is required to operate a manually,or automatically actuated fire alarm in any building. Exception: one and two-family dwellings. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.61 as follows: 105.6.61 Tar Kettle.A temporary operational permit is required to operate a portable tar kettle used to heat tar during roof surfacing, sealing, and or repair California Fire Code Section 105.6 is hereby amended by adding Section 105.6.62 as follows: Section 105.6.62 Radioactive Materials.An operational permit is required to store or handle at any installation more than one micro curie (37,000 Becquerel)of radioactive material not contained in a sealed source or more than one mill curie (37,000,000 Becquerel)of radioactive material in a sealed source. California Fire Code Section 105 is hereby amended by adding Section 105.6.63 as follows: 105.6.63 Stationary Fuel Cell Power Systems and Electrical Energy Storage Systems.An operational permit is required for stationary fuel cell power systems and electrical energy storage systems regulated in Sections 1205 and 1206. Section 15.24.040 Administrative Amendments City of South San Francisco Printed on 1/27/2020Page 12 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. Chapter 1, Division II, Section 103.2 Appointment is hereby amended to read as follows: Section 103.2 Appointment. The fire code official shall be appointed by the chief appointing authority of the jurisdiction. SECTION 3.J Adopt Chapter 15.26 - California Energy Code Chapter 15.26 of the South San Francisco Municipal Code, entitled “California Energy Code” is hereby added to read as follows: Section 15.26.010 California Energy Code, 2019 Edition, adopted by reference. The California Energy Code 2019 Edition,published by the International Code Council,as modified by the amendments,additions and deletions set forth hereinafter,is hereby adopted by reference as the California Energy Code 2019 Edition of the City of South San Francisco, and may be cited as such. SECTION 3.K Adopt Chapter 15.32 - California Historical Code Chapter 15.32 of the South San Francisco Municipal Code, entitled “California Historical Code” is hereby added to read as follows: Section 15.32.010 California Historical Code, 2019 Edition, adopted by reference. The California Historical Code, 2019 Edition, as adopted by the California Building Standards Commission, and published by the International Code Council, is hereby adopted by reference as the California Historical Code, of the City of South San Francisco, and may be cited as such. SECTION 3.L Adopt Chapter 15.34 - California Existing Building Code Chapter 15.34 of the South San Francisco Municipal Code, entitled “California Existing Building Code” is hereby added to read as follows: Section 15.34.010 California Existing Building Code, 2019 Edition, adopted by reference. The California Existing Code,2019 Edition,as adopted by the California Building Standards Commission,and published by the International Code Council,is hereby adopted by reference as the California Historical Code, of the City of South San Francisco, and may be cited as such. SECTION 3.M Adopt Chapter 15.36 - California Reference Standards Chapter 15.36 of the South San Francisco Municipal Code, entitled “California Reference Standards Code” is hereby added to read as follows: Section 15.36.010 California Reference Standards, 2019 Edition, adopted by reference. The California Referenced Standards Code,2019 Edition,as adopted by the California Building City of South San Francisco Printed on 1/27/2020Page 13 of 14 powered by Legistar™ File #:19-966 Agenda Date:12/11/2019 Version:1 Item #:4a. The California Referenced Standards Code,2019 Edition,as adopted by the California Building Standards Commission,and published by the International Code Council,is hereby adopted by reference as the California Referenced Standards Code of the City of South San Francisco,and may be cited as such. SECTION 4 Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 5 California Environmental Quality Act The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§21000 et seq.,“CEQA,”and 14 Cal.Code Reg.§§15000 et seq., “CEQA Guidelines”)under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment,and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)). SECTION 6 Publication and Effective Date Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall:(1)publish the summary,and (2)post in the City Clerk's office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this ordinance,the City Clerk shall:(1)publish the summary,and (2)post in the City Clerk's office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting.This ordinance shall become effective thirty (30) days from and after its adoption. ***** Introduced at a regular meeting of the City Council of the City of South San Francisco held the 9th day of October 2019. City of South San Francisco Printed on 1/27/2020Page 14 of 14 powered by Legistar™ 1 Exhibit A FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS TO THE CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 1, 2, 2.5, 3, 4, 5, 6 AND 11, 2019 EDITIONS CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California Health and Safety Code, the governing body of the City of South San Francisco in its ordinance adopting and amending the 2019 Editions of the California Administrative Code; California Building Code; California Residential Building Code; California Electrical Code; California Mechanical Code; California Plumbing Code; California Energy Code; California Green Building Standards Code, California Reference Standards Code; and the 2018 Edition of the International Property Maintenance Code, adds, changes or modifies certain provisions of the California Building Standards Code as it pertains to the regulation of buildings and fire protection. A copy of the text of such additions, changes or modifications is attached. FINDINGS: The City Council of the City of South San Francisco finds that in order to best protect the health, safety, and welfare of the citizens of the City of South San Francisco, the standards of building within the City must conform with state law except where local climatic, geological, and topographical conditions warrant more restrictive regulations. Pursuant to Sections 17958.5 and 17958.7 (a) of the State of California Health and Safety Code, the governing body of the City of South San Francisco has determined and finds that all the attached changes or modifications are needed and are reasonably necessary because of local climatic, geological and topographic conditions as discussed below. The City Council of the City of South San Francisco further finds that administrative amendments to the South San Francisco Municipal Code, relating to enforcement and appointment authorities of the building official and fire chief are reasonably necessary in order to tailor to the local and operational structures of the South San Francisco city government. LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making the changes or modifications in the California Building Standards Code necessary in order to provide a reasonable degree of property security, and fire and life safety in the City of South San Francisco. Below are adverse local climatic, geological and topographic conditions that necessitate the modifications to the California Building Standards Code. CLIMATIC Precipitation: Precipitation averages 18.83 inches/ year eighty percent (80%) falls during the months of November through April, and twenty percent (20%) from May through October. Severe flooding occurred during the months of January and March, 1995 and in 1998 and 2006. 2 Relative Humidity: Humidity generally ranges from sixty two percent (62%) during daytime and eighty-six percent (86%) at night. It occasionally drops lower during the months of September through November. Temperatures: Temperatures have been recorded as high as 106 degrees Fahrenheit. Average summer highs are in the 70-73 degree range. Winds: Summer prevailing winds are from the North-West direction. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5-10 mph range, gusting to 23 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur. Summary: These local climatic conditions affect the acceleration intensity, and size of fires in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. Storage, disposal, and recycling of construction and demolition debris can contribute to hazardous conditions relating to fire. The winds experienced in this area also adversely impact structure fires in buildings in close proximity to one another. Winds can carry sparks and burning branches to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts. South San Francisco’s downtown and surrounding areas contain numerous historic and older buildings that are located very close together, which exacerbates the fire danger from dry conditions, wind, and shake/shingle roofs. The stated climatic, geographical and topographical conditions warrant more stringent requirements for additional listing of operational permits (annually renewed) to those already described in Section 105 of the California Fire Code which provides permission to maintain, store, use or handle materials, or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in conjunction with such activities. Knowledge of the location of radioactive materials will help firefighters develop strategies and tactics to minimize their impact on the pubic, property or environment in the event of an uncontrolled release. Stationary battery systems during normal operations release large amounts of Hydrogen a flammable gas. The systems can also be damaged in a fire, earthquake, or malfunction during an electrical emergency causing them to overheat and/or explode. Inspection of these systems will ensure proper guarding against physical damage, venting, electrical interrupts operate as designed, and other required safety features are present. Child care centers and large family home day care facilities that care for children have special requirements to ensure their safety in the event of a fire. Children in many instances are unable understand the nature of an emergency or take prompt action when necessary. Inspections will ensure that the operators of such facilities comply with these special requirements. Properly constructed and maintained Christmas tree lots will insure the safety of patrons as well as decrease the incidence and severity of fire. Combustible storage in the form of empty boxes, barrels, or other similar containers, or rubber, or cork is known to increase the spread and 3 severity of fire. Inspections of businesses that have combustible storage will ensure that such storage is done in such a way to minimize it impact. A properly functioning fire alarm system gives early warning to building occupants to leave the affected area promptly. When fire occurs in institutions or residential care facilities multiple injuries and/or fatalities can occur because elderly or disabled occupants possess a limited ability to understand the nature of the emergency or take prompt action when necessary. Proper exiting and other related fire safety issues can only be addressed through a fire inspection. Equipping new and existing buildings and structures with automatic sprinkler system will ensure the safety of patrons as well as decrease the incidence and severity of fire. When fire occurs in enclosed buildings and structures, automatic sprinklers can disperse water and help with remediating or extinguishing flames and reduce damages prior to fire responder crew arrival. Likewise, when such buildings and structures consists of large crow gathering areas, automatic sprinklers will serve as a preventative measure in the event that a fire happens. Tar kettles can overheat and cause their contents to catch fire. Such fires often place buildings and other structures in close proximity at risk. Inspections will ensure that overheat, automatic door closing and other safety systems have been properly installed and operate as designed. First responders must be able to maintain communications throughout a property in an emergency situation. Whether they are responding to a fire, medical emergency or domestic threat, they cannot be in a situation where their radios stop working. It is essential that their communication devices continue to transmit in hard-to-reach areas, such as stairwells, elevators, basements, and thick-walled or shielded areas. Newly-built LEED-certified buildings with low-E glass often suffer from poor public-safety signal coverage due to signal attenuation caused by low-E glass. It’s essential that first responders be aware of the radio systems being installed in buildings and that the installation of public safety radio coverage be in accordance. Likewise, the requirement for a fire command center in certain high-rise or taller buildings will ensure first responders are able to provide timely, coordinated, and effective emergency responses during a fire given the building’s height and concentration of occupants. Hospitals have potential fire hazards that set them apart from other places when it comes to fire protection. Whenever a fire starts in a hospital, it is important to begin an orderly evacuation process. However, evacuating vulnerable patients can be challenging, since they might not all be able to move on their own. Hospitals need to have fire protection systems that can detect and extinguish fires before they get out of control, which allows for even more time for first responders to conduct an evacuation. South San Francisco serves as host venue to many public and private events on an annual basis. Providing minimum standards via special event permits as stated herein would serve to ensure the safety of the participants and the public attending events of a temporary nature in the City of South San Francisco. Permit-required confined spaces contain oxygen deficient and flammable atmospheres or other hazardous conditions. Over 50% of fatalities that occur in these locations involve would be 4 rescuers. Confined space emergencies are rare, high-risk incidents. When they do happen, they can lead to firefighter injuries or deaths. First responders must be aware of the hazards and limitations of confined spaces so they can be prepared when they approach an incident in or around a confined space, and when they attempt to enter confined spaces during non- emergencies. This finding refers to and supports modifications to or the addition of Sections 1907.1.2, 3410.2, and 1510.7 of the California Building Code, Section R907.7 of the California Residential Code, and Sections 903.2, 508.1, 508.1.1, 510.4.2, 510.5, and 105.6.50-10.6.58 of the California Fire Code. TOPOGRAPHIC The City is made up of open terrain with scattered obstructions having heights and widths generally less than 30 feet, including flat open country, grasslands, hillsides and bay exposure. The City is also located within 5 miles of San Francisco International Airport and a portion of the City is located under the airborne easement. Including a permit and performance bond-related requirements for moving of buildings and temporary structures within South San Francisco would ensure that all proposed moves and removals are reviewed carefully by city officials and conducted in a manner to avoid injuries to persons and properties in the proposed work area. This finding refers to and supports modifications to or the addition of Sections 1907.1.2, 3410.2, and 1510.7 of the California Building Code, and Sections 1.8.10.3, 1.8.10.4 , R907.7 and Appendices AK 102-103 of the California Residential Code. GEOLOGICAL The above local topographic conditions enhance the magnitude, exposure, accessibility problems, and fire hazards presented to the City of South San Francisco. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. The San Andreas Fault is located between 0 and 3 miles from any point within the City. This finding refers to and supports modifications to or the addition of Section 1907.1.2 of the California Building Code, and Section R506.3 of the California Residential Code.3363365.2 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-947 Agenda Date:12/11/2019 Version:1 Item #:5. Report regarding adoption of an Ordinance approving a Development Agreement with SSF PUC Housing Partners,LLC for the development of City-owned parcels at 1051 Mission Road (APNs 093-312-050 and 093- 312-060).(Michael Lappen, Economic Development Coordinator) RECOMMENDATION It is recommended that the City Council take the following action: 1.Waive reading and adopt an Ordinance approving a development agreement with SSF PUC Housing Partners,LLC for the development of City-owned parcels at 1051 Mission Road (APNs 093-312-050 and 093-312-060). BACKGROUND/DISCUSSION The City Council voted to introduce this ordinance, which now requires a second reading. Ordinance approving a Development Agreement with SSF Housing Partners LLC, for the Development of City owned parcels at 1051 Mission Road (APNs 093-312-050 and 093-312-060). (Introduced on 11/13/19; Vote 4-1) CONCLUSION The ordinance is ready for adoption. ASSOCIATIONS 1.Final Ordinance (19-960) A.Development Agreement City of South San Francisco Printed on 1/27/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-960 Agenda Date:12/11/2019 Version:1 Item #:5a. Ordinance approving a Development Agreement with SSF Housing Partners LLC,for the development of City- owned parcels at 1051 Mission Road (APNs 093-312-050 and 093-312-060). WHEREAS,the City of South San Francisco (“City”)is the owner of certain real property located in the City of South San Francisco,California,with the address of 1051 Mission Road,known as County Assessor’s Parcel Numbers (“APN”) 093-312-050 and 093-312-060 (“1051 Mission Road” or “City Property”); and WHEREAS,SSF Housing Partners LLC (“Developer”)was selected as the developer for 1051 Mission Road; and the City and Developer entered into an Exclusive Negotiating Rights Agreement (“ENRA”)in July 2018 related to potential development of the City Property; and WHEREAS,the Developer has proposed construction of a high-density,mixed-use residential development, consisting of 800 rental units,approximately 8,307 square feet (SF)childcare facility,approximately 12,992 SF of retail space (market hall), one acre of publically accessible open space, and 800 parking spaces; and WHEREAS,the City is interested in selling the City Property to the Developer as contemplated in the ENRA, contingent upon approval of a Purchase and Sale Agreement between the City and Developer,this Development Agreement,Developer securing all funding for the Project,and Developer obtaining all applicable land use entitlements from the City necessary to construct the Project on the Project Site; and WHEREAS,the City and the Developer now wish to enter into the attached Development Agreement (DA19- 0002) (“Development Agreement”); and WHEREAS,the Developer seeks approval of a Conditional Use Permit (UP19-0008),Design Review (DR19- 0028),Transportation Demand Management Plan (TDM19-0004),Density Bonus (DB19-0003),Waivers and Modifications Request (WM19-0002),Parking Management and Monitoring Plan (PMMP19-0001),and Vesting Tentative Tract Map (SA19-0001)for the Project (“Land Use Entitlements)through a separate resolution; and WHEREAS,approval of the Developer’s proposal is considered a “project”for purposes of the California Environmental Quality Act,Pub.Resources Code §21000,et seq.(“CEQA”)and the City Council has considered the environmental impacts by separate resolution; and WHEREAS,on October 17,2019,the Planning Commission held a duly noticed public hearing,determined that the proposed project is consistent with the City’s adopted General Plan pursuant to Government Code section 65402, and recommended that the City Council approve the proposed Development Agreement. WHEREAS,on November 13,2019,the City Council held a duly noticed public hearing,at which time all interested persons had the opportunity to be heard,and all public comments received both before and during the City of South San Francisco Printed on 1/27/2020Page 1 of 4 powered by Legistar™ File #:19-960 Agenda Date:12/11/2019 Version:1 Item #:5a. interested persons had the opportunity to be heard,and all public comments received both before and during the public hearing,the presentations made by City staff and Developer,the staff report,and all other pertinent documents regarding the proposed Development Agreement were considered. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1.Findings. Based on the entirety of the record before it,which includes without limitation,the California Environmental Quality Act,Public Resources Code §21000,et seq.(“CEQA”)and the CEQA Guidelines,14 California Code of Regulations §15000,et seq.;the South San Francisco General Plan and General Plan EIR;the El Camino Real/Chestnut Avenue Area Plan and associated EIR and SEIR;the South San Francisco Municipal Code;the Project applications;the Project Plans,as prepared by BAR Architects,dated September 17,2019;the Environmental Consistency Analysis,as prepared by the applicant and City staff dated October 2019,including all appendices thereto;all site plans,and all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed October 17,2019 meeting;all site plans,and all reports,minutes,and public testimony submitted as part of the City Council’s duly noticed November 13,2019 meeting and any other evidence (within the meaning of Public Resources Code §21080(e)and §21082.2),the City Council of the City of South San Francisco hereby finds as follows: General Findings A.The foregoing recitals are true and correct and made a part of this Ordinance. B.The proposed Development Agreement (attached as Exhibit A)is incorporated by reference and made a part of this Ordinance, as if set forth fully herein. C.The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080, and in the custody of the Planning Manager. Development Agreement Findings A.The City and Developer have negotiated a Development Agreement pursuant to Government Code section 65864 et seq.The Development Agreement,attached hereto as Exhibit A,sets for the duration, property,project criteria,and other required information identified in Government Code section 65865.2. Based on the findings in support of the Project,the City Council finds that the Development Agreement, vesting a project for a high-density mixed-use residential development,consisting of 800 rental units of which 158 are required to be affordable as defined herein,an approximately 8,307 SF childcare facility, approximately 12,992 SF of retail space (market hall),1 acre of publically accessible open space,a pedestrian bridge and trail connecting to Centennial Trail and 800 parking spaces,is consistent with the objectives,policies,general land uses and programs specified in the South San Francisco General Plan and any applicable zoning regulations. B.The City Council has independently reviewed the proposed Development Agreement,the General Plan, the South San Francisco Municipal Code,and applicable state and federal law,including Government Code section 65864,et seq.,and has determined that the proposed Development Agreement complies with all applicable zoning,subdivision,and building regulations and with the General Plan.The development City of South San Francisco Printed on 1/27/2020Page 2 of 4 powered by Legistar™ File #:19-960 Agenda Date:12/11/2019 Version:1 Item #:5a. all applicable zoning,subdivision,and building regulations and with the General Plan.The development contemplated in the Project and Development Agreement is consistent with applicable zoning standards and regulations and with density bonus law.This finding is based upon all evidence in the Record as a whole,including,but not limited to:the City Council’s independent review of these documents,oral and written evidence submitted at the public hearings on the Project,including advice and recommendations from City staff. C.The proposed Development Agreement for the Project states its specific duration.This finding is based upon all evidence in the Record as a whole,including,but not limited to:the City Council’s independent review of the proposed Development Agreement and its determination that Section 2 of the Development Agreement states that the Development Agreement shall expire at (1)the issuance of a certificate of occupancy for all buildings in the Project or (2)ten (10)years plus one day after the Effective Date, subject to force majeure. D.The proposed Development Agreement incorporates the permitted uses,density and intensity of use for the property subject thereto,as reflected in the proposed Project (P18-0081),and Development Agreement (DA19-0002).This finding is based upon all evidence in the Record as a whole,including,but not limited to,the City Council’s independent review of the proposed Development Agreement and its determination that the Development Agreement sets forth the Project approvals,development standards,and the documents constituting the Project. E.The proposed Development Agreement states the maximum permitted height and size of proposed buildings on the property subject thereto.This finding is based upon all evidence in the Record as a whole, including,but not limited to,the City Council’s independent review of the proposed Development Agreement and its determination that the Development Agreement sets forth the documents which state the maximum permitted height and size of sign structures. F.The proposed Development Agreement states specific provisions for reservation or dedication of land for public purposes.This finding is based on all evidence in the Record as a whole,including but not limited to the City Council’s independent review of the Development Agreement. SECTION 2.Approval of Development Agreement. A.The City Council of the City of South San Francisco hereby approves the Development Agreement with SSF Housing Partners LLC attached hereto as Exhibit A and incorporated herein by reference. B.The City Council further authorizes the City Manager to execute the Development Agreement,on behalf of the City,in substantially the form attached as Exhibit A,and to make revisions to such Agreement,subject to the approval of the City Attorney,as set forth in the Development Agreements provisions related to amendments. SECTION 3.Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional,the remainder of this Ordinance,including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.To this end, provisions of this Ordinance are severable.The City Council of the City of South San Francisco hereby declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or phrase City of South San Francisco Printed on 1/27/2020Page 3 of 4 powered by Legistar™ File #:19-960 Agenda Date:12/11/2019 Version:1 Item #:5a. declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or phrase hereof irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs,sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 4.Publication and Effective Date. Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1) publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. ***** Introduced at a regular meeting of the City Council of the City of South San Francisco held the 13th day of November 2019. City of South San Francisco Printed on 1/27/2020Page 4 of 4 powered by Legistar™ 3442775.1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 ______________________________________________________________________________ (Space Above This Line Reserved For Recorder’s Use) This instrument is exempt from recording fees pursuant to Government Code section 27383. Documentary Transfer Tax is $0.00 (exempt per Revenue & Taxation Code section 11922, Transfer to Municipality). DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND SSF PUC HOUSING PARTNERS, LLC Former PUC Sites B and C SOUTH SAN FRANCISCO, CALIFORNIA 3442775.1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of _______________, 2019 by and between SSF PUC Housing Partners, LLC, a Delaware limited liability company (“Developer”), and the City of South San Francisco, a municipal corporation (“City”), pursuant to California Government Code (“Government Code”) sections 65864 et seq. Developer and the City are sometimes collectively referred to herein as “Parties.” RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California enacted California Government Code sections 65864 et seq. (the “Development Agreements Statute”), which authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property for the development of such property. B. Pursuant to Government Code section 65865, City has adopted procedures and requirements for the consideration of development agreements (South San Francisco Municipal Code (“SSFMC”) Chapter 19.60). This Agreement has been processed, considered, and executed in accordance with such procedures and requirements. C. Developer has, or will acquire pursuant to a purchase and sale agreement, a legal and/or equitable interest in certain real property located on the approximately 1.7-acre “Site B,” the approximately 3.43-acre “Site C1,” (including 2.93 acres of developable property and a 21,821 sf portion of undevelopable Colma Creek), the approximately 1.48-acre “Site C2”, and the approximately 0.38-acre “Oak Avenue Phase 1 Extension Property,” each as more particularly described and depicted in Exhibit A. Additionally, the City will grant to Developer an easement or other similar legal or equitable right to construct and maintain improvements on the following, each as defined in this Agreement and depicted on Exhibit A: (a) certain publicly-accessible open space improvements on (1) an approximately 3,286 square foot portion and an approximately 8,550 sf portion of existing City-owned property (“City Open Space Properties”), and (2) an approximately 33,981 square feet (“sf”) portion of BART- owned property (“BART Open Space Property”); (b) portions of the Oak Avenue Phase 1 Extension (defined below) on (1) an approximately 14,270 sf portion of City-owned property (“City ROW Property”), (2) an approximately 7,296 sf portion of BART-owned property (“BART ROW Property”), and (3) an approximately 14,350 sf portion of Kaiser-owned property (“Kaiser ROW Property”); and (c) certain access easements necessary to construct and operate the Project as defined in the Project Approvals (defined below). Collectively, Site B, Site C1, Site C2, the Oak Avenue Phase 1 Extension Property, the City Open Space Properties, the BART Open Space Property, the City ROW Property, the BART ROW Property and the Kaiser ROW Property are the “Project Site.” The Project Site includes properties purchased from the San Francisco Public Utilities Commission by the former 3442775.1 2 South San Francisco Redevelopment Agency for future redevelopment as mixed-use, transit- oriented development and open space and have been referred to as the “Former PUC” properties or sites. Site B is located just north of the proposed Oak Avenue extension, bounded by the BART easement and the Colma Creek channel to the north. Sites C1 and C2 are located just north of Site B across the Colma Creek channel, bounded by the BART easement and Centennial Trail and by Mission Road. The Parties acknowledge that the Project Site is strategically located, but affected by irregular configuration, existing BART easements and tunnel proximity, Colma Creek and a high ground water table, the future Oak Avenue extension, and development of the City’s Civic Campus Site on Former PUC Site A. D. The proposed project consists of approximately 800 residential units, (approximately 13 market rate flex live-work units (“Flex Units”), approximately 158 below market rate units affordable to 30-80% AMI households (20% of the residential units excluding the Flex Units) (Affordable Units”) and approximately 629 market rate apartment units (“Market Rate Units”), improved parks and landscaping, and active ground floor uses throughout the two sites, including retail and commercial spaces (collectively, the “Project”). The Flex Units are designated to have flexibility between residential or commercial uses in order to support a more active commercial and small business enterprise opportunity in the Project. The Project is anticipated to be approximately 1.1 million sf. Subject to final design, the Project anticipates a single building on Site B (“Building B”), a building on Site C1 (“Building C1”) and a building on Site C2 (“Building C2”), as follows: • Building B: Market Rate Units, Flex Units, and an approximately 12,992 square foot commercial/PDR/retail space that will be open to the public and is envisioned as a food and beverage themed Market Hall with space for one or more small scale production businesses (“Market Hall”). • Building C1: Market Rate Units and an approximately 8,307 square foot child care center open to families in and outside of the Project (“Childcare Center”). • Building C2: Affordable Units designed to attract a high quality affordable housing partner (anticipated to be BRIDGE Housing Corporation “BRIDGE”)) (“Affordable Housing Developer”) and strategically located nearest to transit to qualify for tax-credit and other affordable housing financing. • All vertical development structures will be constructed with wood frame construction over two to three above grade stories of Type IA construction with portions of stair and elevator penthouses extending 15-feet in height above the roofs. The roofline will range between 35’ and 85’ with the lower elevations fronting Mission Street and in the northern portion of the Site adjacent to the existing residential buildings as provided in the Project Approvals. Building B and Building C1 are proposed to have a single basement level containing parking and building service and additional parking at grade (and on level 2 for Building B), while Building C2 will have its parking all at grade, including lifts that have parking pits below grade. Off-site landscaped areas and park programming will be included as part of the Project and have been designed to benefit both Project residents and the greater region, including the construction of the connection of Oak Avenue to Antoinette Lane (“Oak Avenue Phase 1 Extension”) and the landscaped road and parking 3442775.1 3 area connecting Mission Street (not including any future Oak Avenue to El Camino Real vehicular connection (“Oak Avenue Phase 2 Extension”), as shown on _____________ and described in the Project Approvals (collectively, “Offsite Improvements”) and payment to the City of $5,500,000 for construction of Oak Avenue Phase 2 connecting Oak Avenue from Antoinette Lane to El Camino Real. E. The Project Site is located in the El Camino Real/Chestnut Area Plan (and designated as El Camino Real Mixed Use North, High Intensity and High Density Residential) as well as the El Camino Real/Chestnut Area Plan – Residential High (ECR/C – RH) Zoning District. The City Council certified Environmental Impact Reports in accordance with the provisions of the California Environmental Quality Act, (Public Resources Code, §§ 21000, et seq. (“CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the development of the El Camino Real/Chestnut Area Plan (“ECR/CAP”) and Community Civic Campus Plan (the “Civic Campus”) (collectively, the “EIRs). The City Council also adopted a Statements of Overriding Consideration for the El Camino Real/Chesnut Area EIR (“SOC”) in accordance with the provisions of CEQA and CEQA Guidelines for the EIRs, which carefully considered each significant and unavoidable impact identified in the EIRs and found that the significant environmental impacts are acceptable in light of the ECR/CAP and Civic Campus economic, legal, social, technological and other benefits. On __________, 2019 by Resolution No. _______, the City Council approved an Environmental Consistency Analysis for the Project prepared by the City in accordance with CEQA Guidelines § 15168 that confirmed that the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the EIRs previously certified by City Council, require any new mitigation measures, and is consistent with the SOCs (“ECA”) and adopted a Mitigation Monitoring and Reporting Plan identifying all applicable mitigation measures from the EIRs that are applicable to the Project (“MMRP”). F. On __________, 2019, after duly noticed public hearing and review by the Planning Commission, the City Council also approved the following land use entitlements: Conditional Use Permit (for conditional uses, incentive bonuses and parking determination) in accordance with SSF Table 20.270.003 and Section 20.270.004(A) and Area Plan Table 4-1; Design Review in accordance with SSFMC Chapter 20.480; Vesting Tentative Tract Map in accordance with SSFMC Chapter 19.50 and Section 19.40.100; Build-To Line Waiver along Mission Road in accordance with SSFMC Code 20.270.004(C); Active Frontage Chief Planner Waiver for 50% Active Use along Mission Road in accordance with SSFMC Code 20.270.005(B)(4); Ground Floor Entrance Chief Planner Alternative Design Approval for Buildings C1 and C2 facing BART right of way and Colma Creek in accordance with SSFMC Code 20.270.005(G)(5); State Density Bonus Law for (1) 25% bonus on Parcel B from General Plan and Area Plan density in accordance with Government Code Section 65915(f)(1) and (2) development standard waiver from rear yard setback requirements set forth in 20.270.004(D)(1-4) for Buildings Parcels B, C1 and C2 fronting BART and Colma Creek in accordance with Government Code Section 65915(e); a Purchase and Sale Agreement; and this Development Agreement in accordance with SSFMC Chapter 19.60. The entitlements listed in this Recital E and shown on Exhibit B are collectively referred to herein as the “Project Approvals.” The Project has been designed to fulfill the vision of the City’s General Plan, Housing Element, El Camino Real Master Plan, and the El Camino Real/Chestnut Area Plan for an active, transit-oriented mixed-use project that respects the existing surrounding neighborhoods and residents. 3442775.1 4 G. City has determined that the Project presents certain public benefits and opportunities which are advanced by City and Developer entering into this Agreement. This Agreement will, among other things, (1) reduce uncertainties in planning and provide for the orderly development of the Project; (2) provide needed residential development which helps the City meet its Regional Housing Needs Assessment pursuant to state housing law, including critically-needed affordable housing, in a strategic, transit-oriented location with a robust Transportation Demand Management and parking management program; (3) provide a childcare facility that is expected to accommodate 75-100 children with subsidies to ensure access to a broad range of households; (4) provide phased Oak Ave connection with new traffic signaling between Mission Road extending Oak Avenue over Colma Creek and into Antoinette Lane; (5) provide a Market Hall that will target smaller local businesses seeking retail and production space; (6) provide Mission Road sidewalk/landscaping installation to improve pedestrian facilities; (7) result in undergrounding utility lines; (8) provide on-site public art and a neighborhood-serving playground; (9) mitigate any significant environmental impacts consistent with the requirements set forth in the EIRs; (10) provide for and generate substantial revenues for the City in the form of one time and annual fees and exactions and other fiscal benefits including park and recreation fees, school impact fees (payable to SSF USD), public safety impact fees and bicycle and pedestrian impact fees; sewer fees, and (11) otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted. H. In exchange for the benefits to City described in the preceding Recital, together with the other public benefits that will result from the development of the Project, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with the “Applicable Law” (defined in section 6.3 below), and therefore desires to enter into this Agreement. I. On October 17, 2019, following a duly noticed public hearing, the Planning Commission recommended that the City Council approve this Agreement. And, on ________, 2019, the City Council, after conducting a duly noticed public hearing, has found that this Agreement is consistent with the General Plan and Zoning Ordinance and has conducted all necessary proceedings in accordance with the City’s rules and regulations for the approval of this Agreement. In accordance with SSFMC section 19.60.120, the City Council, on __________, 2019, at a duly noticed public hearing, adopted Ordinance No. _________ approving and authorizing the execution of this Agreement. AGREEMENT NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code sections 65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal Code and in consideration of the mutual covenants and agreements contained herein, agree as follows: ARTICLE 1 DEFINITIONS 1.1 “Administrative Project Amendment” shall have that meaning set forth in Section 7.1 of this Agreement. 3442775.1 5 1.2 “Administrative Agreement Amendment” shall have that meaning set forth in Section 7.2 of this Agreement. 1.3 “Affiliate of Developer” shall have that meaning set forth in Section 8.1 of this Agreement. 1.4 “Affordable Housing Agreement” shall mean an agreement entered into by the Parties in accordance with the requirements of the South San Francisco Municipal Code Section 20.380.014 to restrict the Project’s Affordable Units to occupants meeting the applicable affordability criteria and to comply with the number of Affordable Units as defined in Recital D. 1.5 “Affordable Housing Developer” shall have that meaning set forth in Recital D of this Agreement. 1.6 “Affordable Units” shall have that meaning set forth in Recital D of this Agreement. 1.7 “Agreement” shall mean this Development Agreement. 1.8 “Applicable Law” shall have that meaning set forth in Section 6.3 of this Agreement. 1.9 “Assessments” shall have that meaning set forth in Exhibit C. 1.10 “CEQA” shall have that meaning set forth in Section 3.3 of this Agreement. 1.11 “City” shall mean the City of South San Francisco. 1.12 “City Law” shall have that meaning set forth in Section 6.5 of this Agreement. 1.13 “Childcare Operator” shall have that meaning set forth in Section 3.9. 1.14 “Claims” shall have that meaning set forth in Section 6.10 of this Agreement. 1.15 “Control” shall have that meaning set forth in Section 8.1 of this Agreement. 1.16 “Controlled” shall have that meaning set forth in Section 8.1 of this Agreement. 1.17 “Controlling” shall have that meaning set forth in Section 8.1 of this Agreement. 1.18 “Deficiencies” shall have that meaning set forth in Section 9.2 of this Agreement. 1.19 “Developer” shall mean SSF PUC Housing Partners, LLC, and any assignees pursuant to Article 8 of this Agreement. 1.20 “Development Agreements Statute” shall have that meaning set forth in Recital A of this Agreement. 3442775.1 6 1.21 “Development Fees” shall have that meaning set forth in Section 3.2 of this Agreement. 1.22 “District” shall mean any assessment or financing district(s) established by the City pursuant to the Community Facilities District Act of 1982 (Mello-Roos), Government Code Sections 53311 et seq., the Streets and Highways Code, Division 10 and 12, the Landscape and Lighting Act of 1972, or other similar law to finance all or part of the public improvements through the issuance of bonds and the imposition of assessments, fees, or taxes on the benefiting land, including, but not limited to, the Property. 1.23 “ECA” shall have that meaning set forth in Recital E of this Agreement. 1.24 “Effective Date” shall have that meaning set forth in Section 2.1 of this Agreement. 1.25 “EIR” shall have that meaning set forth in Section 3.1. 1.26 “El Camino Real/Chestnut Area Plan” or “ECR/CAP” shall have that meaning set forth in Recital E. 1.27 “Flex Units” shall mean, notwithstanding anything to the contrary in the Project Approvals or SSFMC, dwelling units which are integrated with the working space of artists, artisans and other craftspersons shall be permitted as an accessory use to such working space, when such dwelling units are occupied by a group of persons including no more than four adults, and where the occupancy meets all applicable provisions of the Building Code and Housing Code. 1.28 “Force Majeure Delay” shall have that meaning set forth in Section 10.3 1.29 “GDP” shall have that meaning set forth in Section 10.3 1.30 “Indemnitees” shall have that meaning set forth in Section 6.10 of this Agreement. 1.31 “Judgment” shall have that meaning set forth in Section 9.2 of this Agreement. 1.32 "Mortgage" shall mean any lien of mortgage, deed of trust, or other security interest (e.g., lease-leaseback agreement) in the Project or the Project Site given in exchange for financing of any kind. 1.33 "Mortgagee" shall mean the beneficiary of any Mortgage. 1.34 “MMRP” shall have that meaning set forth in Recital E of this Agreement. 1.35 “Parties” shall mean the Developer and City, collectively. 1.36 “Periodic Review” shall have that meaning set forth in Section 10.5 of this Agreement. 1.37 “Project” shall have that meaning set forth in Recital D of this Agreement. 3442775.1 7 1.38 “Project Approvals” shall have that meaning set forth in Recital F of this Agreement. 1.39 “Project Site” shall have that meaning set forth in Recital C of this Agreement. 1.40 “Purchase and Sale Agreement and Joint Escrow Instructions Between City of South San and SSF PUC Housing Partners, LLC” or “PSA” is defined as the “Purchase and Sale Agreement and Joint Escrow Instructions between the City of South San Francisco and SSF PUC Housing Partners LLC dated ______________, 20___, as approved by the San Mateo County Oversight Board as provided in the PSA. 1.41 “Severe Economic Recession” shall have that meaning set forth in Section 10.3 1.42 “SSFMC” shall have the meaning set forth in Recital B of this Agreement. 1.43 “Subsequent Approvals” shall mean those certain other land use approvals, entitlements, and permits in addition to the Project Approvals that are necessary or desirable for the Project. In particular, for example, the parties contemplate that Developer may, at its election, seek approvals for the following: amendments of the Project Approvals, design review approvals, unless determined not required pursuant to the further provisions of this Agreement, improvement agreements, grading permits, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, subdivision maps, rezonings, development agreements, use permits, sign permits and any amendments to, or repealing of, any of the foregoing. 1.44 “Tax” and “Taxes” shall not include any generally applicable City Business License Tax or locally imposed Sales Tax. 1.45 “Term” shall have that meaning set forth in Section 2.2 of this Agreement. To the extent that any defined terms contained in this Agreement are not defined above, then such terms shall have the meaning otherwise ascribed to them elsewhere in this Agreement, or if not in this Agreement, in the PSA, and if not in the PSA, then by c ontrolling law, including the SSFMC. ARTICLE 2 EFFECTIVE DATE AND TERM 2.1 Effective Date. This Agreement shall become effective upon the date the ordinance approving this Agreement becomes effective (“Effective Date”). 2.2 Term. The term of this Agreement (“Term”) shall commence upon the Effective Date and continue (unless this Agreement is otherwise terminated or extended as provided in this Agreement) until the earliest of (1) the issuance of a certificate of occupancy for all buildings in the Project or (2) ten (10) years plus one day after the Effective Date. 2.3 Compliance with Terms of the Purchase and Sale Agreement . Developer shall comply with all terms of the Purchase and Sale Agreement approved by the City and Developer on __________, 2019 and the San Mateo Countywide Oversight Board on _____________, 20___. A material default by Developer under the PSA shall be a material default under this Agreement. 3442775.1 8 In the event the PSA is terminated under its terms prior to the transfer of the Property to the Developer, this Agreement shall terminate and have no further force or effect. ARTICLE 3 OBLIGATIONS OF DEVELOPER 3.1 Obligations of Developer Generally. The Parties acknowledge and agree that the City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer’s agreement to perform and abide by its long term covenants and obligations, as set forth herein. The parties acknowledge that many of Developer’s long term obligations set forth in this Agreement are in addition to Developer’s agreement to perform all the applicable mitigation measures identified in the MMRP. 3.2 City Fees. (a) Processing Fees and Charges. Developer shall pay those processing, building permit, inspection and plan checking fees and charges required by the City for processing applications and requests for Subsequent Approvals under the applicable non-discriminatory regulations in effect at the time such applications and requests are submitted to the City. (b) Development Fees. Consistent with the terms of the Agreement, City shall have the right to impose only such development fees (“Development Fees”) as have been adopted by City as of the Effective Date of this Agreement and at those rates in effect at the time of payment of the Development Fees, and which are identified and as set forth on Exhibit C. The Parties agree that the only increase in the Development Fees set forth in Section 2.2 of Exhibit C shall be the relevant index increase authorized by the enabling ordinance or resolution for each Development Fee set forth in Section 2.2 of Exhibit C as of the Effective Date of this Agreement. The Development Fees shall be paid at the time set forth on Exhibit C. This shall not prohibit City from imposing on Developer any fee or obligation that is imposed by a regional agency in accordance with state or federal obligations and required to be implemented by City. 3.3 Mitigation Measures. Developer shall comply with the Mitigation Measures identified and approved in the EIRs for the Project, in accordance with the CEQA or other law as identified and set forth on the MMRP. 3.4 Off-Site Improvements and Maintenance. The Parties shall implement all of the following with respect to the design, construction and maintenance of the Off-Site Improvements: (a) Oak Avenue Extension. Based on the 35% drawings of Oak Avenue Phase 2 Extension provided by City to Developer, the Developer shall undertake design of Oak Avenue Phase 1 Extension and continue to advance design and approval (with BART, Caltrans, etc.) of Oak Avenue Phase 2 Extension concurrent with relevant design progress, but only so far as necessary that reviewing departments can ensure a future design for Oak Avenue Phase 2 Extension is physically feasible. Developer shall design and construct Oak Avenue Phase 1 Extension at its own cost as described in the Project Approvals; provided, however, the City shall not impose requirements that will cause the cost (including actual and reasonable soft and hard costs of design (including design of Oak Avenue Phase 2 Extension), permitting and construction, 3442775.1 9 but excluding any Developer mark up or project management fee) of Oak Avenue Phase 1 Extension (“Oak Avenue Phase 1 Costs”) to exceed FIFTEEN MILLION EIGHT HUNDRED AND FIFTY THOUSAND DOLLARS ($15,850,000) (“Maximum Oak Avenue Phase 1 Costs”), and shall cooperate with the Developer to ensure any other governmental agencies’ requirements do not cause the cost to exceed the Maximum Oak Avenue Phase 1 Costs (including, but not limited to, expediting review and approvals of design modification and value engineering if necessary). City and Developer shall have the mutual right to approve the final design, cost and any change orders that will cause the Oak Avenue Phase 1 Costs to exceed TEN MILLION THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($10,350,000) for the Oak Avenue Phase 1 Extension (“Maximum Oak Avenue Fair Share Contribution”). Developer shall also pay the City, prior to the deadline set forth in the Schedule of Performance in the PSA, FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) for final design (beyond 35% level) and construction costs for Oak Avenue Phase II Extension connecting Oak Avenue from Antoinette Lane to El Camino Real (“Oak Avenue Phase II Extension Payment”) and Developer shall cooperate with City and provide any necessary easements to allow construction of Oak Avenue Phase II as described in this sentence to the extent such necessary easement do not conflict with Project or frustrate the purpose of this Agreement Developer shall provide City copies of and shall consult with City regarding all bids received and change orders for Oak Avenue Phase 1 Extension. Developer shall complete construction of Oak Avenue Phase 1 Extension in a manner consistent with the approved plans no later than as set forth in the Schedule of Performance set forth as Exhibit C to the PSA and incorporated herein by reference. With the City’s cooperation, the Developer shall be responsible for and shall use good faith and commercially reasonable efforts to design, implement and construct the Project, including Oak Avenue Phase 1 Extension such that the City’s future construction of Oak Avenue Phase 2 Extension at a later date is feasible. Developer shall not be responsible for the costs for completing designs of Oak Avenue Phase 2 Extension (beyond the initial feasibility determinations described herein) nor any costs of constructing Oak Avenue Phase 2 Extension. If the Oak Avenue Phase 1 Costs exceed the Maximum Oak Avenue Fair Share Contribution, the City will, upon submission of an invoice with substantiating cost invoices from the contractor that are reasonably acceptable to the City, reimburse the Developer for the Oak Avenue Phase 1 Costs incurred that exceed the Maximum Oak Avenue Fair Share Contribution, in an amount not to exceed $5,500,000. The City shall have the right to pay the amount in excess of the Maximum Oak Avenue Fair Share Contribution, up to an amount not to exceed $5,500,000, in ten equal annual payments over the period of 10 years from the date of acceptance of Oak Avenue Phase 1 Extension by the City. Any outstanding balance due after two years from the date of acceptance of Oak Avenue Phase I Extension shall accrue interest at the Local Agency Investment Fund Rate in effect as of two years from the date of acceptance of Oak Avenue Phase 1 Extension. (b) City/BART/Kaiser ROW Property Improvements. Developer shall improve the City ROW Property, the BART ROW Property and the Kaiser ROW Property leading up to El Camino Real, west of the Creek, as shown on Sheet _____ of the Project Approvals, so that it is safe and inviting. Developer and City agree that the preferred switchback design leading from the lower level of Oak Avenue up to El Camino Real is the less steep, more meandering path. Developer shall use good faith and commercially reasonable efforts with City’s Civic Campus design team to ensure parking needs are met in accordance with the approved plans for the Project so that the preferred switchback design can be accommodated. 3442775.1 10 (c) Mission Road Pedestrian Trail Connection. Developer shall pay to the City TWO HUNDRED THOUSAND ($200,000) for costs associated with a proposed pedestrian trail connecting Mission Road to the Centennial Trail in the general vicinity of the intersection of Sequoia Avenue and Mission Road (“Mission Road Pedestrian Trail Connection”), no later than issuance of the certificate of occupancy for Building B1 or Building C1, whichever comes first. The Developer shall not be responsible for any other costs associated with the Mission Road Pedestrian Train Connection (including but not limited to design, permitting, construction or maintenance). (d) Pedestrian Bridge Connection to Centennial Trail. Developer shall design and construct a pedestrian bridge and pathway connecting the Kaiser property to Centennial Trail as shown on ________ (“Centennial Trail Bridge”) at the same time as the construction of the Centennial Trail improvements required in the Project Approvals. The City shall not impose requirements that will cause the cost (including actual and reasonable soft and hard costs of design (including design of Centennial Trail Bridge), permitting and construction, but excluding any Developer mark up or project management fee) of the Centennial Trail Bridge (“Centennial Trail Bridge Costs”) to exceed ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) (“Maximum Centennial Trail Bridge Cost”) and shall cooperate with the Developer to ensure any other governmental agencies’ requirements do not cause the cost to exceed the Maximum Centennial Trail Bridge Cost (including, but not limited to, expediting review and approvals of design modification and value engineering if necessary). The design of the Centennial Trail Bridge shall include a pathway width of no more than ten feet and the total width of the bridge shall not exceed twenty feet, and shall be subject to approval by the City Manager, which approval shall not be unreasonably withheld or delayed. With the Developer’s cooperation, the City shall secure control or ownership of any properties necessary for the Developer to construct and maintain the Centennial Trail Bridge, as provided in (f), below. Notwithstanding the Maximum Centennial Trail Bridge Cost, the City may, in its sole discretion, require architectural design enhancements to the Centennial Trail Bridge design and construction provided that the City shall pay for all Centennial Trail Bridge Costs related to such architectural design enhancements to the extent that such costs would exceed the Maximum Centennial Trail Bridge Cost. (e) Project Maintenance. With the exception of publicly dedicated underground utilities, improvements to Mission Road, the bridge portion of the Oak Avenue Phase 1 Extension connecting to Mission Road and the Centennial Trail Bridge (broadly including any and all elements of the two bridges and bridge connection points) which shall be the responsibility of the public entity to which they are dedicated, Developer shall maintain, repair and replace as necessary all onsite and offsite improvements that it constructs at a level consistent with the condition of improvements at the time of completion by the Developer or acceptance by the City to the extent it has, or the City provides (or obtains for the Developer) the right to construct and/or maintain such off-site improvements. Developer shall also maintain (i.e. mow, trim landscaping, remove trash, etc.) the surface area portion of BART-owned property west of Building B as shown on Exhibit A. In exchange for the use of the BART Open Space Property as part of the Project for public open space, Developer shall provide the maintenance for the improvements placed on the BART Open Space Property consistent with the maintenance agreement for such areas between the City and BART. City and Developer shall enter into a recordable form of maintenance agreement prior to issuance of the first certificate of occupancy for Building B or C1. In addition, 3442775.1 11 Developer shall maintain the Property it acquires after close of escrow as required pursuant to Purchase and Sale Agreement. (f) Acquisition of Off-Site Property Rights and Developer Deposit. With the Developer’s cooperation and assistance in terms of preparing property descriptions and engineering drawings, the City shall be responsible for securing the rights or ownership for all of the following: (i) the BART ROW Property, the Kaiser ROW Property necessary and other property interests necessary to complete Oak Avenue Phase 1 Extension as such property interests are shown on sheets X-0, X-1, X-1.1, X-2, X-3, X-4, and X-5 of (insert formal name of entitlement documents) (“Oak Avenue ROW Properties”). (ii) any properties necessary for the Developer to construct and maintain all of the Off-Site Improvements, including all park and open space and trail improvements as required under this Agreement (“Off-Site Property Rights Agreements”). Developer shall upon written request from the City, pay the City up to a maximum of FIVE HUNDRED THOUSAND ($500,000) (“Maximum Off-Site Acquisitions Deposit Amount”) for actual costs (including appraisals, title fees, preparation of property conveyance documents, litigation expenses, etc.) incurred by the City to acquire the Oak Avenue ROW Properties and Off- Site Property Rights Agreements hereunder. Developer shall make an initial payment to the City of TWO HUNDRED AND FIFTY THOUSAND ($250,000) not later than sixty days after Close of Escrow (as defined in the PSA) and shall make further deposits upon written request from the City up to the Maximum Off-Site Acquisitions Deposit Amount. City will retain the amounts paid in a separate line item account (“Off -Site Property Acquisition Deposit Account”) and shall only use such funds for actual costs incurred to acquire the properties provided herein. City shall provide Developer quarterly reports showing the amount of funds used from the Off-Site Property Acquisition Deposit Account and property interests acquired. Any unused funds remaining in the Off-Site Property Acquisition Deposit Account at the commencement of construction of Oak Avenue Phase 1 Extension shall be refunded to the Developer. (g) Off-Site Improvement Permitting. With the City’s cooperation, the Developer shall be responsible for obtaining any ministerial or administrative permits to construct such Off-Site Improvements consistent with applicable law, the Project Approvals and the Off-Site Property Rights Agreements. 3.5 Affordable Housing. Developer acknowledges and agrees that Building C2 will be subject to recorded covenants that will restrict use of Building C2 for the Affordable Units for a term of not less that fifty-five (55) years, commencing upon the issuance of a final certificate of occupancy for Building C2, as further set forth in a recorded Affordable Housing Agreement in a form to be approved by the City Council, except in the case of BRIDGE (or an Affiliate of BRIDGE pursuant to Section 8.1(b), below) in substantially the form attached hereto as Exhibit D, which shall be recorded in the Official Records at the time specified in the PSA. The Affordable Housing Agreement shall be reviewed prior the issuance of the certificate of occupancy for Building C2, and amended by mutual agreement of the Parties if necessary to reflect actual built conditions consistent with this Agreement. Prior to issuance of building permits for Building C2, 3442775.1 12 the applicant shall execute and record the Affordable Housing Agreement referenced herein and such Affordable Housing Agreement shall be consistent with SSFMC Chapter 20.380, Inclusionary Housing Regulations, including a preference for individuals who live and/or work in South San Francisco consistent with Federal and State Fair Housing laws. 3.6 Market Hall. Developer shall comply with the following terms with respect to the Market Hall portion of the Project: (a) within two (2) years of the start of construction of Building B, Developer shall enter into an agreement with a qualified commercial broker to lease the commercial and retail space(s) in the Market Hall. (b) Within the following thirty (30) days following execution of the broker agreement, Developer shall provide regular retail leasing program updates to the City (approximately monthly until initial lease up of at least 75% of the space). Such reports shall identify potential tenants contracted and the results of the contact. (c) The Market Hall shall be designed and constructed consistent with the Project Approvals, and the Developer shall complete the “Basic Improvements” to the Market Hall prior to issuance of certificate of occupancy for the residential units in Building B. “Basic Improvements” for the purpose of this section shall mean access to mechanical, electrical and plumbing connections (which must include drain and waste, grease traps, gas lines, and hoods sufficient to accommodate restaurant uses), heating, ventilation and air conditioning (HVAC), and electric subpanels for future use. 3.7 Public Art Commitment. Developer shall install public art, with a minimum value of $50,000 (or more in the sole discretion of the Developer) as part of the Project. Such public art shall be installed prior to issuance of the certificate of occupancy for the first of Building B and C1. The proposed public art shall be subject to the reasonable approval by the City, consistent with this Section 3.7. 3.8 Neighborhood Playground. Developer shall design the Project to include a playground feature sized to support the Project and the neighborhood (not a citywide destination) and shall construct the neighborhood playground prior to the certificate of occupancy for the first of Buildings B and C1. 3.9 Childcare Center. Developer shall design and construct the Childcare Center, and shall enter into an agreement with a qualified childcare operator (anticipated to be Palcare) (“Childcare Operator”). The Developer shall provide up to a maximum ten percent (10%) subsidy for childcare services if and to the extent that the Childcare Operator is unable, after commercially reasonable efforts, to obtain grants of at least twenty five percent (25%). For illustrative examples only, if the Childcare Operator is able to obtain grants to subsidize (i) 25% or more of children under care, no subsidy is required, (ii) 20% of the children under care, the Developer shall provide subsidies to 5% of the children under care, for a total of 25%, or (iii) 10% of the children under care, the Developer shall provide subsidies to 10% of the children under care, for a total of 20%. The subsidy scale shall be similar to the subsidy scale used by other qualified operators such as Palcare. The Childcare Center shall be constructed to warm shell condition 3442775.1 13 (considered ready to lease and ready for tenant improvements) and shall, prior to the final certificate of occupancy for Building C1, either: (i) have entered an agreement with the Childcare Operator and completed the required tenant improvements for the Childcare Center, or (ii) have both (A) demonstrated to the City’s reasonable satisfaction its good faith efforts to do so and a lack or unavailability of a Childcare Operator and (B) deposited the full amount of the required Child Care Fee that would have been required for the Project assuming the Childcare Center was not part of the Project, to be held as a deposit by the City until the Childcare Center is open (and which can be used by the City to improve the Childcare Center if the Developer fails to perform and refunded to the Developer if the Developer performs) (“Childcare Fee Deposit”). If the Childcare Center tenant improvements are not constructed within six months of the issuance of a final certificate of occupancy for the residential units in Building C1, City and its contractor or a contractor retained by another Childcare Center operator approved by the City and Developer shall have the right to access the Childcare Center space and construct tenant improvements reasonably necessary to operate the Childcare Center with the costs of such tenant improvements paid for by the Developer with funding initially from the Childcare Fee Deposit described herein and paid by the Developer. Developer shall continue to use diligent and good faith efforts to enter an agreement with a Childcare Operator, and City shall cooperate with Developer to identify Childcare Operators. Upon the completion of the Childcare Center, any remaining amounts in the Childcare Fee Deposit shall be refunded to the Developer. 3.10 Transportation Demand Management and Neighborhood Parking Management and Mitigation Plan. The Developer shall implement both a Transportation Demand Management (“TDM”) Plan and Neighborhood Parking Management and Mitigation Plan (“Parking Plan”) to reduce the use of single occupancy vehicles and encourage the use of public transit and alternate modes of transportation, reduce traffic, and address the concerns of the surrounding neighborhood (Sunshine Gardens) that future tenants and guests of the Project will park their vehicles on the streets within the surrounding neighborhood. As part of the Project’s Conditions of Approval, a Final TDM Plan and Parking Plan will be adopted and approved by the City. The TDM shall be designed to achieve a goal of 35% alternative mode usage by employee commuters during commute hours for the Project and 28% alternative mode usage by residences overall. In the event that the City Manager or her/his designee determines that TDM goals are not being achieved or the Parking Plan does not adequately address persistent parking issues impacting surrounding residential neighborhoods, the Developer shall work in good faith with the City to implement additional parking mitigation measures, which will include one or a combination of the following: • No Street Parking for Project. The Parking Plan will be designed to ensure that Project residents and tenants and guests/visitors will not park on the streets in the surrounding neighborhood, including education, enforceable lease terms, on-site parking management and enforcement and a designated contact for complaints. • Bundle Parking: Except up to a maximum of 20% of the Market Rate Units, the Developer shall bundle parking with apartment units. 3442775.1 14 • Temporary Transportation Subsidy. Developer will implement temporary transportation subsidies for residences to utilize public transportation during commute hours. • Develop a resident parking program (RPP): At the City’s request pursuant to the City’s Preferential Permit Parking Program pursuant to SSFMC Chapter 11.70, Developer will cooperate with and support City efforts to implement a neighborhood resident parking program. Upon a determination by the City to implement a neighborhood parking program pursuant to this provision and written notice by the City to the Developer, Developer shall pay the City $25,000 to be used towards the implementation of neighborhood resident parking program. Residents in the permit parking area, excluding residents of the Project, would receive no cost parking permits pursuant to the program. If the City identifies cars from the Project, the Developer shall cooperate with the City to notify such residents and take actions to enforce the no neighborhood parking rules in its leases. • Contingency/Enforcement: Project Sponsor shall cooperate with the City to provide additional enforcement mechanisms and resources, including, if requested by the City after determining in its reasonable judgment that the Parking Plan is not adequately addressing parking issues as designed and no other mechanisms are available or feasible, the deposit of up to one time maximum of ONE HUNDRED THOUSAND DOLLARS ($100,000) with the City in an account earmarked for the City to pay parking enforcement personnel to assist the City and Developer to implement and enforce the Parking Plan. If the deposit (or any portion thereof) is not used within five (5) years of the date of deposit, it shall be refunded to the Developer. 3.11 Utility Relocation and Replacement. Developer, at is sole cost, shall be responsible for all on-site work to relocate and upgrade required utilities and infrastructure on the Property. ARTICLE 4 OBLIGATIONS OF CITY 4.1 Obligations of City Generally. The Parties acknowledge and agree that Developer’s agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer’s decision to purchase Property and site the Project in the City, is a material consideration for City’s agreement to perform and abide by the long term covenants and obligations of City, as set forth herein. 4.2 Protection of Vested Rights. Except as authorized in Section 6.9, City shall not support, adopt, or enact any City Law, or take any other action which would violate the express provisions or intent of the Project Approvals or the Subsequent Approvals. 3442775.1 15 4.3 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving such capacity for sewer and water services as may be necessary to serve the Project. 4.4 Developer’s Right to Rebuild. City agrees that Developer may renovate or rebuild all or any part of the Project within the Term of this Agreement should it become necessary due to damage or destruction. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA. 4.5 Expedited Plan Check Process. The City agrees to provide an expedited plan check process for the approval of Project drawings consistent with its existing practices for expedited plan checks. Developer agrees to pay the City’s established fees for expedited plan check services. The City shall use reasonable efforts to provide such plan checks within 3 weeks of a submittal that meets the requirements of Section 5.2. The City acknowledges that the City’s timely processing of Subsequent Approvals and plan checks is essential to the Developer’s ability to achieve the schedule under the PSA. 4.6 Project/Off-Site Improvements/ Civic Campus Coordination. The City shall perform those obligations of the City set forth in Article 3, which the City acknowledges are essential for the Developer to perform its obligations in Article 3. The City and Developer acknowledge and understand that the Civic Campus Project is a City-owned and sponsored project adjacent to the Project. The City and Developer shall use good faith and diligent efforts to communicate, cooperate and coordinate with each other during construction of the Civic Campus Project and Project. ARTICLE 5 COOPERATION - IMPLEMENTATION 5.1 Processing Application for Subsequent Approvals. By approving the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its discretionary authority in considering any application for a Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. 5.2 Timely Submittals By Developer. Developer acknowledges that City cannot expedite processing Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use its best efforts to (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (ii) cause Developer’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other necessary required materials as set forth in the Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals. 3442775.1 16 5.3 Timely Processing By City. Upon submission by Developer of all appropriate applications and processing fees for any Subsequent Approval, City shall promptly and diligently commence and complete all steps necessary to act on the Subsequent Approval application including, without limitation: (i) providing at Developer’s expense and subject to Developer’s request and prior approval, reasonable overtime staff assistance and/or staff consultants for planning and processing of each Subsequent Approval application; (ii) if legally required, providing notice and holding public hearings; and (iii) acting on any such Subsequent Approval application. City shall ensure that adequate staff is available, and shall authorize overtime staff assistance as may be necessary, to timely process such Subsequent Approval application. 5.4 Denial of Subsequent Approval Application. The City may only deny an application for a Subsequent Approval only if such application does not comply with the Agreement or Applicable Law (as defined below) or with any state or federal law, regulations, plans, or policies as set forth in Section 6.9. 5.5 Other Government Permits. Except those approvals identified in Section 4.6, which are the City’s obligation to obtain, at Developer’s sole discretion and in accordance with Developer’s construction schedule and terms of the PSA, Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. City, at Developer’s expense, shall cooperate with Developer in its efforts to obtain such permits and approvals and shall, from time to time, at the request of Developer, use its reasonable efforts to assist Developer to ensure the timely availability of such permits and approvals. 5.6 Assessment Districts or Other Funding Mechanisms. (a) Existing Fees. As set forth in Section 3.2(b), above, the Parties understand and agree that as of the Effective Date the fees, exactions, and payments listed in Exhibit C are the only City fees and exactions that apply to the Project, subject to the credits and exemptions identified on Exhibit C. Except for those fees and exactions listed in Exhibit C, City is unaware of any pending efforts to initiate, or consider applications for new or increased fees, exactions, or assessments covering the Project Site, or any portion thereof that would apply to the Project prior to the Effective Date. (b) Future Fees, Taxes, and Assessments. City understands that long term assurances by City concerning fees, taxes and assessments are a material consideration for Developer agreeing to purchase the Property from the City and enter this Agreement and to pay long term fees, taxes and assessments described in this Agreement. In light of the commitment to construct Oak Avenue Phase 1 Extension as set forth in Section 3.4, the Project shall be exempt from any District formed by the City related to Oak Avenue Phase 1 or Oak Avenue Phase 2 construction only in the future. ARTICLE 6 STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT 3442775.1 17 6.1 Vested Right to Develop. Developer shall have a vested right to develop the Project on the Project Site in accordance with the terms and conditions of this Agreement. Nothing in this section shall be deemed to eliminate or diminish the requirement of Developer to obtain any required Subsequent Approvals. 6.2 Permitted Uses Vested by This Agreement. The permitted uses of the Project Site; the density and intensity of use of the Project Site; the maximum height, bulk, and size of proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and, as and when they are issued (but not in limitation of any right to develop as set forth in the Project Approvals), the Subsequent Approvals, provided, however, that no further design review or other discretionary approvals or public hearings shall be required except for review of minor changes to the Project Approvals by the Chief Planner as provided in this Agreement. The permitted uses for the Project shall be those uses listed as “permitted” in the Project Approvals, as may be amended from time to time in accordance with this Agreement. 6.3 Applicable Law. The rules, regulations, official policies, standards and specifications applicable to the Project (the “Applicable Law”) shall be those set forth in this Agreement and the Project Approvals, and, with respect to matters not addressed by this Agreement or the Project Approvals, those rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) governing permitted uses, building locations, timing of construction, densities, design, heights, fees, exactions, and taxes in force and effect on the Effective Date of this Agreement. 6.4 Uniform Codes. City may apply to the Project Site, at any time during the Term, then current Uniform Building Code and other uniform construction codes, and City’s then current design and construction standards for road and storm drain facilities, provided any such uniform code or standard has been adopted and uniformly applied by City on a citywide basis and provided that no such code or standard is adopted for the purpose of preventing or otherwise limiting construction of all or any part of the Project. 6.5 No Conflicting Enactments. Except as authorized in Section 6.9, City shall not impose on the Project (whether by action of the City Council or by initiative, referendum or other means) any ordinance, resolution, rule, regulation, standard, directive, condition or other measure (each individually, a “City Law”) that is in conflict with Applicable Law or this Agreement or that reduces the development rights or assurances provided by this Agreement. Without limiting the generality of the foregoing, any City Law shall be deemed to conflict with Applicable Law or this Agreement or reduce the development rights provided hereby if it would accomplish any of the following results, either by specific reference to the Project or as part of a general enactment which applies to or affects the Project: (a) Change any land use designation or permitted use of the Project Site; (b) Limit or control the availability of public utilities, services, or facilities, or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) for the Project; 3442775.1 18 (c) Limit or control the location of buildings, structures, grading, or other improvements of the Project in a manner that is inconsistent with or more restrictive than the limitations included in the Project Approvals or the Subsequent Approvals (as and when they are issued); (d) Limit or control the rate, timing, phasing, or sequencing of the approval, development or construction of all or any part of the Project in any manner; (e) Result in Developer having to substantially delay construction of the Project or require the issuance of additional permits or approvals by the City other than those required by Applicable Law; (f) Establish, enact, increase, or impose against the Project or Project Site any fees, taxes (including without limitation general, special and excise taxes but excluding any increased local (city or county) sales tax or increases city business license tax), assessments, liens or other monetary obligations (including generating demolition permit fees, encroachment permit and grading permit fees) other than those specifically permitted by this Agreement or other connection fees imposed by third party utilities; (g) Impose against the Project any condition, dedication or other exaction not specifically authorized by Applicable Law; or (h) Limit the processing or procuring of applications and approvals of Subsequent Approvals. 6.6 Initiatives and Referenda. (a) If any City Law is enacted or imposed by initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with Applicable Law or this Agreement or reduce the development rights provided by this Agreement, such Law shall not apply to the Project. (b) Except as authorized in Section 6.9, without limiting the generality of any of the foregoing, no moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development) affecting subdivision maps, building permits or other entitlements to use that are approved or to be approved, issued or granted within the City, or portions of the City, shall apply to the Project. (c) To the maximum extent permitted by law, City shall prevent any City Law from invalidating or prevailing over all or any part of this Agreement, and City shall cooperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. (d) Developer reserves the right to challenge in court any City Law that would conflict with Applicable Law or this Agreement or reduce the development rights provided by this Agreement. 3442775.1 19 6.7 Environmental Mitigation. The Parties understand that the EIRs, ECA and MMRP were intended to be used in connection with each of the Project Approvals and Subsequent Approvals needed for the Project. Consistent with the CEQA policies and requirements applicable to the EIRs, City agrees to use the EIRs, ECA and MMRP in connection with the processing of any Subsequent Approval to the maximum extent allowed by law and not to impose on the Project any mitigation measures other than those specifically imposed by the Project Approvals, EIRs, ECA and MMRP, or specifically required by CEQA or other Applicable Law. 6.8 Life of Subdivision Maps, Development Approvals, and Permits. The term of any subdivision map or any other map, permit, rezoning, or other land use entitlement approved as a Project Approval or Subsequent Approval shall automatically be extended for the longer of the Term of this Agreement (including any extensions) or the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect. The Term of this Agreement and the term of any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which a development moratorium (including, but not limited to, a water or sewer moratorium or water and sewer moratorium) or the actions of other public agencies that regulate land use, development or the provision of services to the land, prevents, prohibits or delays the construction of the Project or a lawsuit involving any such development approvals or permits is pending. 6.9 State and Federal Law. As provided in Government Code section 65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations. Not in limitation of the foregoing, nothing in this Agreement shall preclude City from imposing on Developer any fee specifically mandated and required by state or federal laws and regulations. In the event of any changes required by state or federal laws or regulations, the Developer and City shall meet and confer in good faith to determine what, if any, modifications to this Agreement and/or the Project Approvals would allow the Project and City to comply with such state or federal law or regulation while preserving to the maximum extent feasible the spirit and intent of the Parties in this Agreement and the Project Approvals. 6.10 Prevailing Wage. Developer and its contractors and agents shall comply with California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. Developer shall submit to City a plan for monitoring payment of prevailing wages and shall implement such plan at Developer’s expense. To the fullest extent permitted by law, Developer shall indemnify, defend (with counsel approved by City) and hold the City, and their respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 3442775.1 20 and 1781), the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that the City does not and shall not waive any rights against Developer which it may have by reason of this indemnity and hold harmless agreement because of the acceptance by the City, or Developer’s deposit with the City of any of the insurance policies described in this Agreement. The provisions of this Section 6.10 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. Developer’s indemnification obligations set forth in this section shall not apply to Claims arising solely from the gross negligence or willful misconduct of the Indemnitees. 6.11 Timing and Review of Project Construction and Completion. Except as expressly provided in the PSA or Project Approvals, Developer shall have the vested right to develop the Project in such order, at such rate and at such times as the Developer deems appropriate in the exercise of its business judgment. In particular, and not in any limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider, and expressly provide for, the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such Parties' agreement, it is the desire of the Parties hereto to avoid that result. The Parties acknowledge that, except as otherwise provided for in the PSA and/or Project Approvals, Developer shall have the vested right to develop the Property in such order and at such rate and at such times as the Developer deems appropriate in the exercise of its business judgment. ARTICLE 7 AMENDMENT 7.1 To the extent permitted by state and federal law, any Project Approval or Subsequent Approval may, from time to time, be amended or modified in the following manner: (a) Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, the Chief Planner or his/her designee shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement, City Council Direction and Applicable Law. If the Chief Planner or his/her designee finds that the proposed amendment or modification is minor, consistent with this Agreement, City Council Direction and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the Addendum or EIRs, the amendment shall be determined to be an “Administrative Project Amendment” and the Chief Planner or his/her designee may, except to the extent otherwise required by law, approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, minor alterations in vehicle circulation patterns or vehicle access points, location of parking stalls on the site, number of required parking stalls if City development standards allow, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures 3442775.1 21 that do not substantially alter the design concepts of the Project, variations in the residential unit mix (number of one, two or three bedroom units), location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project Site diagram or Project Site legal description shall be treated as Administrative Project Amendments. (b) Non-Administrative Project Amendments. Any request by Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement. Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties hereto or their successors in interest, as follows: (c) Administrative Agreement Amendments. Any amendment to this Agreement which does not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Site, (iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions, or requirements for subsequent discretionary actions, (v) the density or intensity of use of the Project Site or the maximum height or size of proposed buildings or (vi) monetary contributions by Developer, shall be considered an “Administrative Agreement Amendment” and shall not, except to the extent otherwise required by law, require notice or public hearing before the parties may execute an amendment hereto. Administrative Agreement Amendments may be approved by the City Manager or, in the sole discretion of the City Manager, the City Manager may refer any proposed Administrative Agreement Amendment to the City Council for consideration and approval or denial. (d) Other Agreement Amendments. Any amendment to this Agreement other than an Administrative Agreement Amendment shall be subject to recommendation by the Planning Commission (by advisory resolution) and approval by the City Council (by ordinance) following a duly noticed public hearing before the Planning Commission and City Council, consistent with Government Code sections 65867 and 65867.5. (e) Amendment Exemptions. No amendment of a Project Approval or Subsequent Approval, or a Subsequent Approval shall require an amendment to this Agreement. Instead, any such matter automatically shall be deemed to be incorporated into the Project and vested under this Agreement. ARTICLE 8 ASSIGNMENT, TRANSFER AND NOTICE 8.1 Assignment and Transfer. Developer may transfer or assign all or any portion of its interests, rights, or obligations under the Agreement and the Project approvals to third parties acquiring an interest or estate in the Project or any portion thereof including, without limitation, purchasers or lessees of lots, parcels, or facilities. Prior to the issuance of the a certificate of occupancy for the Project (or applicable portion thereof), neither City nor Developer may assign its rights or delegate its duties under this Agreement, except for Developer Permitted Transfers as 3442775.1 22 defined below, without (i) the express written consent of the other Party, which consent will not be unreasonably withheld or delayed and (ii) a concurrent assignment of the PSA in accordance with Section 9.1 of the PSA. If Developer proposes an assignment in relation to the entire Property or Parcels B and/or C1 separately (each a “Property Transfer”), Developer will seek City’s prior written consent to such Property Transfer, which consent will not be unreasonably withheld or delayed. City ma y refuse to give consent to a proposed Property Transfer only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not, in City’s reasonable opinion, be able to perform the obligations proposed to be assumed by such transferee, and such determinations will be made by the City Manager and will be appealable by Developer to the City Council. Prior to any Property Transfer, the Developer and assignee shall enter into an assignment and assumption agreement that clearly assigns the rights and obligations between the parties, and subject to prior approval, which shall not be unreasonably be withheld or delayed, of the City Manager and the City Attorney. Notwithstanding the preceding language, any proposed assignment of Site C2 separately (“Affordable Property Transfer”) to a party other than BRIDGE or an Affiliate of BRIDGE, including the form of assignment and assumption agreement and Affordable Housing Covenant, shall require the prior consent of the City Council. Notwithstanding any other provision of this Agreement to the contrary, each of following transfers are permitted and shall not require City consent under this Section 8.1 (each a “Developer Permitted Transfer”): (a) Any transfer for financing purposes to secure the funds necessary for construction and/or permanent financing of the Project, including but not limited to any tax credit financing for the Affordable Units; (b) An assignment of this Agreement to an Affiliate of Developer (except that Affordable Property Transfer to an Affiliate of Developer shall not be a Developer Permitted Transfer); (c) An Affordable Property Transfer to BRIDGE, or an Affiliate of BRIDGE. For the purposes of this section, an "Affiliate of BRIDGE" means an entity that is directly or indirectly controlling, controlled by, or under common control of BRIDGE Housing Corporation, including but not limited to a tax credit partnership in which BRIDGE or an Affiliate of BRIDGE is the managing general partner. For any Affordable Property Transfer to BRIDGE or an Affiliate of BRIDGE, the Developer and assignee shall enter into an assignment and assumption agreement in substantially the form set forth in Exhibit E, with the final form of the assignment and assumption agreement subject to approval by the City Manager; (d) The sale or lease of the Child Care Center to a Childcare Operator, as defined in the Development Agreement; (e) Transfers of common area to a property owners association; (f) Dedications and grants of easements and rights of way required in accordance with the Project Approvals; or (g) Any leasing activity. 3442775.1 23 For the purposes of this Section 8.1, “Affiliate of Developer” means an entity or person that is directly or indirectly controlling, controlled by, or under common control with Developer. For the purposes of this definition, “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity or a person, whether through the ownership of voting securities, by contract, or otherwise, and the terms “controlling” and “controlled” have the meanings correlative to the foregoing. ARTICLE 9 COOPERATION IN THE EVENT OF LEGAL CHALLENGE 9.1 Cooperation. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person not a party to the Agreement challenging the validity of any provision of the Agreement or any Project approval, the Parties will cooperate in defending such action or proceeding. City shall promptly (within five business days) notify Developer of any such action against City. If City fails promptly to notify Developer of any legal action against City or if City fails to cooperate in the defense, Developer will not thereafter be responsible for City’s defense. The Parties will use best efforts to select mutually agreeable legal counsel to defend such action, and Developer will pay compensation for such legal counsel (including City Attorney time and overhead for the defense of such action), but will exclude other City staff overhead costs and normal day-to-day business expenses incurred by City. Developer’s obligation to pay for legal counsel will extend to fees incurred on appeal. In the event City and Developer are unable to select mutually agreeable legal counsel to defend such action or proceeding, each party may select its own legal counsel and Developer will pay its and the City’s legal fees and costs. Developer shall reimburse the City for all reasonable court costs and attorneys’ fees expended by the City in defense of any such action or other proceeding or payable to any prevailing plaintiff/petitioner. 9.2 Reapproval. If, as a result of any administrative, legal, or equitable action or other proceeding, all or any portion of the Agreement or the Project approvals are set aside or otherwise made ineffective by any judgment in such action or proceeding (“Judgment”), based on procedural, substantive or other deficiencies (“Deficiencies”), the Parties will use their respective best efforts to sustain and reenact or readopt the Agreement, and/or the Project approvals, that the Deficiencies related to, unless the Parties mutually agree in writing to act otherwise: (a) If any Judgment requires reconsideration or consideration by City of the Agreement or any Project approval, then the City will consider or reconsider that matter in a manner consistent with the intent of the Agreement and with Applicable Law. If any such Judgment invalidates or otherwise makes ineffective all or any portion of the Agreement or Project approval, then the Parties will cooperate and will cure any Deficiencies identified in the Judgment or upon which the Judgment is based in a manner consistent with the intent of the Agreement and with Applicable Law. City will then consider readopting or reenacting the Agreement, or the Project approval, or any portion thereof, to which the Deficiencies related. (b) Acting in a manner consistent with the intent of the Agreement includes, but is not limited to, recognizing that the Parties intend that Developer may develop the Project as described in the Agreement, and adopting such ordinances, resolutions, and other enactments as 3442775.1 24 are necessary to readopt or reenact all or any portion of the Agreement or Project approvals without contravening the Judgment. ARTICLE 10 DEFAULT; REMEDIES; TERMINATION 10.1 Defaults. Any failure by either Party to perform any term or provision of the Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other Party (unless such period is extended by mutual written consent), will constitute a default under the Agreement. Any notice given will specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, will be deemed to be a cure within such 30-day period. Upon the occurrence of a default under the Agreement, the non-defaulting party may institute legal proceedings to enforce the terms of the Agreement or, in the event of a material default, terminate the Agreement. If the default is cured, then no default will exist and the noticing party shall take no further action. 10.2 Termination. If City elects to consider terminating the Agreement due to a material default of Developer, then City will give a notice of intent to terminate the Agreement and the matter will be scheduled for consideration and review by the City Council at a duly noticed and conducted public hearing. Developer will have the right to offer written and oral evidence prior to or at the time of said public hearings. If the City Council determines that a material default has occurred and is continuing, and elects to terminate the Agreement, City will give written notice of termination of the Agreement to Developer by certified mail and the Agreement will thereby be terminated sixty (60) days thereafter. 10.3 Enforced Delay; Extension of Time of Performance. Subject to the limitations set forth below, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation and arbitration, including court delays; legal challenges to this Agreement, the PSA, the Project Approvals, or any other approval required for the Project or any initiatives or referenda regarding the same; environmental conditions that have not been previously disclosed or discovered or that could not have been discovered with reasonable diligence that delays the construction or development of the Property or any portion thereof; unusually severe weather but only to the extent that such weather or its effects (including, without limitation, dry out time) result in delays that cumulatively exceed thirty (30) days for every winter season occurring after commencement of construction of the Project; acts or omissions of the other party; or acts or failures to act of any public or governmental agency or entity (except that acts or failures to act of City shall not excuse performance by City); moratorium; or a Severe Economic Recession (each a “Force Majeure Delay”). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice by the party claiming such extension is sent to the other party within sixty (60) days of the commencement of the cause. If Notice is sent after such sixty 3442775.1 25 (60) day period, then the extension shall commence to run no sooner than sixty (60) days prior to the giving of such Notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. Developer’s inability or failure to obtain financing or otherwise timely satisfy shall not be deemed to be a cause outside the reasonable control of the Developer and shall not be the basis for an excused delay unless such inability, failure or delay is a direct result of a Severe Economic Recession. “Severe Economic Recession” means a decline in the monetary value of all finished goods and services produced in the United States, as measured by initial quarterly estimates of United States Gross Domestic Product (“GDP”) published by the United States Department of Commerce Bureau of Economic Analysis (and not subsequent monthly revisions), lasting more than four (4) consecutive calendar quarters. Any quarter of flat or positive GDP growth shall end the period of such Severe Economic Recession 10.4 Legal Action. Either Party may institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement in the Agreement, enjoin any threatened or attempted violation thereof, and enforce by specific performance or declaratory relief the obligations and rights of the Parties thereto. Except as provided in Section 10.1, the sole and exclusive remedies for any default or violation of the Agreement will be specific performance or declaratory relief. In any proceeding brought to enforce the Agreement, the prevailing Party will be entitled to recover from the unsuccessful Party all costs, expenses and reasonable attorney’s fees incurred by the prevailing party in the enforcement proceeding. 10.5 Periodic Review. (a) Conducting the Periodic Review. Throughout the Term of this Agreement, at least once every twelve (12) months following the Effective Date of this Agreement, City shall review the extent of good-faith compliance by Developer with the terms of this Agreement. This review (“Periodic Review”) shall be conducted by the Chief Planner or his/her designee and shall be limited in scope to compliance with the terms of this Agreement pursuant to Government Code section 65865.1. (b) Developer Submission of Periodic Review Report. Annually commencing one year from the Effective Date and continuing through termination of this agreement, Developer shall submit a report to the Chief Planner stating the Developer’s good faith compliance with terms of the Agreement. (c) Good Faith Compliance Review. During the Periodic Review, the Chief Planner shall set a meeting to consider the Developer’s good-faith compliance with the terms of this Agreement. Developer shall be permitted an opportunity to respond to City’s evaluation of Developer’s performance, either orally at the meeting or in a supplemental written statement, at Developer’s election. Such response shall be made to the Chief Planner. At the conclusion of the Periodic Review, the Chief Planner shall make written findings and determinations, on the basis of substantial evidence, as to whether or not Developer has complied in good faith with the terms and conditions of this Agreement. The decision of the Chief Planner shall be appealable to the City Council. If the Chief Planner finds and determines that Developer has not complied with such terms and conditions, the Chief Planner may recommend to the City Council that it terminate or modify this Agreement by giving notice of its intention to do so, in the manner set forth in 3442775.1 26 Government Code sections 65867 and 65868. The costs incurred by City in connection with the Periodic Review process described herein shall be borne by Developer. (d) Failure to Properly Conduct Periodic Review. If City fails, during any calendar year, to either: (i) conduct the Periodic Review or (ii) notify Developer in writing of City’s determination, pursuant to a Periodic Review, as to Developer’s compliance with the terms of this Agreement and such failure remains uncured as of December 31 of any year during the term of this Agreement, such failure shall be conclusively deemed an approval by City of Developer’s compliance with the terms of this Agreement. (e) Written Notice of Compliance. With respect to any year for which Developer has been determined or deemed to have complied with this Agreement, City shall, within thirty (30) days following request by Developer, provide Developer with a written notice of compliance, in recordable form, duly executed and acknowledged by City. Developer shall have the right, in Developer’s sole discretion, to record such notice of compliance. 10.6 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of San Mateo County, California. 10.7 Resolution of Disputes. With regard to any dispute involving development of the Project, the resolution of which is not provided for by this Agreement or Applicable Law, Developer shall, at City’s request, meet with City. The parties to any such meetings shall attempt in good faith to resolve any such disputes. Nothing in this section shall in any way be interpreted as requiring that Developer and City and/or City’s designee reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to by the parties to such meetings. 10.8 Attorneys’ Fees. In any legal action or other proceeding brought by either Party to enforce or interpret a provision of this Agreement, the prevailing party is entitled to reasonable attorneys’ fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled. 10.9 Hold Harmless. Developer shall hold City and its elected and appointed officers, agents, employees, and representatives harmless from claims, costs, and liabilities for any personal injury, death, or property damage which is a result of, or alleged to be the result of, the construction of the Project, or of operations performed under this Agreement by Developer or by Developer’s contractors, subcontractors, agents or employees, whether such operations were performed by Developer or any of Developer’s contractors, subcontractors, agents or employees. Nothing in this section shall be construed to mean that Developer shall hold City harmless from any claims of personal injury, death or property damage arising from, or alleged to arise from, any gross negligence or willful misconduct on the part of City, its elected and appointed representatives, offices, agents and employees. ARTICLE 11 MISCELLANEOUS 3442775.1 27 11.1 Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement, and the introductory paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 11.2 No Agency. It is specifically understood and agreed to by and between the Parties hereto that: (i) the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals or Subsequent Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement, the Project Approvals, Subsequent Approvals, and Applicable Law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer. 11.3 Enforceability. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations, and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by Government Code section 65866. 11.4 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party. 11.5 Other Necessary Acts and City Approvals. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals, Subsequent Approvals and this Agreement and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise by this Agreement or applicable law. 11.6 Construction. Each reference in this Agreement or any of the Project Approvals or Subsequent Approvals shall be deemed to refer to the Agreement, Project Approval, or Subsequent Approval as it may be amended from time to time, whether or not the particular reference refers to such possible amendment. This Agreement has been reviewed and revised by 3442775.1 28 legal counsel for both City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. 11.7 Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several. 11.8 Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of the Project, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, Civil Code section 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Project, as appropriate, runs with the Project Site, and is binding upon the owner of all or a portion of the Project Site and each successive owner during its ownership of such property. 11.9 Notices. Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally, by email or telefacsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: If to City, to: City of South San Francisco 400 Grand Avenue Attn: City Manager South San Francisco, CA 94080 Phone: (650) 877-8500 Fax: (650) 829-6609 3442775.1 29 With a Copy to: Meyers, Nave, Riback, Silver & Wilson 555 12th Street Suite 1500 Oakland, CA 94607 Attn: Sky Woodruff, City Attorney Phone: (510) 808-2000 Fax: (510) 444-1108 If to Developer, to: SSF PUC Housing Partners, LLC Attn: Eric Tao c/o L37 Partners 500 Sansome, Ste 750 San Francisco, CA 94111 Phone: (415) 394-9016 Email: eric@L37partners.com With Copies to: Holland & Knight 50 California Street, #2500 San Francisco, CA 94111 Attn: Tamsen Plume Phone: (415) 743-9461 Email: tamsen.plume@hklaw.com Brookfield Residential 500 La Gonda Way, Suite 100 Danville, CA 94526 Attention: Josh Roden Phone: (925) 743-8000 Email: josh.roden@brookfieldrp.com 11.10 Estoppel Certificates. A Party may, at any time during the term of this Agreement, and from time to time, deliver written notice to another Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if amended; identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults, and (iv) any other information reasonably requested. The requesting Party shall be responsible for all reasonable costs incurred by the Party from which such certification is requested and shall reimburse such costs within thirty (30) days of receiving the certifying Party’s request for reimbursement. The Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within twenty (20) days following the receipt thereof. The failure of either Party to provide the requested certificate within such twenty (20) day period shall constitute a confirmation that this Agreement is in full force and effect and no modification or default exists. Seller acknowledges that a certificate hereunder may be relied upon by transferees and mortgagees. 3442775.1 30 11.11 Mortgagee Protection. After Close of Escrow, no violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Developer to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, of this Agreement whether such successor’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise. Specifically: (a) Mortgagee Not Obligated; Mortgagee as Transferee. No Mortgagee shall have any obligation or duty under this Agreement, except that nothing contained in this Agreement shall be deemed to permit or authorize any Mortgagee to undertake any new construction or improvement project, or to otherwise have the benefit of any rights of Developer, or to enforce any obligation of City, under this Agreement, unless and until such Mortgagee has received a transfer or assignment of rights pursuant to Article 8. (b) Notice of Default to Mortgagee; Right of Mortgagee to Cure. If the City receives notice from a Mortgagee requesting a copy of any notice of an event of default given Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed a Default. Such Mortgagee shall have the right (but not the obligation) to cure or remedy, or to commence to cure or remedy, the default claimed or the areas of noncompliance set forth in City's notice within the applicable time periods for cure specified in this Agreement. (c) Priority of Mortgages. For purposes of exercising any remedy of a Mortgagee pursuant to this Article, or for becoming an assignee or transferee in the manner specified in Section 8.1, applicable law shall govern the rights, remedies and priorities of each Mortgagee, absent a written agreement between Mortgagees otherwise providing. 11.12 Entire Agreement, Counterparts And Exhibits. This Agreement is executed in two (2) duplicate counterparts, each of which is deemed to be an original. This Agreement consists of __ pages and five (5) exhibits which constitute in full, the final and exclusive understanding and agreement of the parties and supersedes all negotiations or previous agreements of the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and the Developer. The following exhibits are attached to this Agreement and incorporated herein for all purposes: Exhibit A: Description and Diagram of Project Site Exhibit B: List of Project Approvals Exhibit C: Applicable Laws & City Fees, Exactions, and Payments Exhibit D: Form of Affordable Housing Agreement (BRIDGE) Exhibit E: Form of Site C2 (Affordable) Assignment and Assumption Agreement (BRIDGE) 3442775.1 31 11.13 Recordation Of Development Agreement. Pursuant to Government Code section 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement in the Official Records of the County of San Mateo. IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the day and year first above written. CITY CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: ___________________________ Name: Mike Futrell City Manager ATTEST: By: ___________________________ City Clerk APPROVED AS TO FORM: By: ___________________________ City Attorney 3442775.1 32 DEVELOPER SSF PUC HOUSING PARTNERS, LLC, a Delaware limited liability company By: _______________________ Name: Title: VICINITY MAP Exhibit A 3442775.1 C-1 Exhibit B: List of Project Approvals • Environmental Consistency Analysis for the El Camino Real/Chestnut Area Plan Environmental Impact Report and Community Civic Campus Plan Supplemental Environmental Impact Report approved by the City Council on November 13, 2019 by Resolution No. 151-2019. • Conditional Use Permit (UP19-0008) for conditional uses and incentive bonuses and parking determination approved by the City Council on November 13, 2019 by Resolution No. 152-2019. • Design Review (DR19-0028) approved by the City Council on November 13, 2019 by Resolution No. 152-2019. • Vesting Tentative Tract Map (SA19-0001) approved by the City Council on November 13, 2019 by Resolution No. 152-2019. • Build-To Line Waiver along Mission Road (WM19-0002) approved by the City Council on November 13, 2019 by Resolution No. 152-2019. • Active Frontage Chief Planner Waiver for 50% Active Use along Mission Road (WM19-0002) approved by the City Council on November 13, 2019 by Resolution No. 152-2019. • Ground Floor Entrance Chief Planner Alternative Design Approval for Buildings C1 and C2 facing BART right of way and Colma Creek (WM19-0002) approved by the City Council on November 13, 2019 by Resolution No. 152-2019. • State Density Bonus Law for (1) 25% bonus on Parcel B from General Plan and Area Plan density per Government Code Section 65915(f)(1) and (2) development standard waiver from rear yard setback requirements set forth in 20.270.004(D)(1-4) for Buildings Parcels B, C1 and C2 fronting BART and Colma Creek per Government Code Section 65915(e) (DB19-0003) approved by the City Council on November 13, 2019 by Resolution No. 152-2019. • Purchase and Sale Agreement approved by the City Council on November 13, 2019 by Resolution No. 153-2019 and the San Mateo Countywide Oversight Board by Resolution No. ______. • Development Agreement (DA19-0002) introduced on November 13, 2019 and approved by the City Council on December 11, 2019 by Ordinance No. ________. 3442775.1 C-2 Exhibit C Applicable Laws & City Fees, Exactions, and Payments CURRENT SOUTH SAN FRANCISCO LAWS Developer shall comply with the following City regulations and provisions applicable to the Property as of the Effective Date (except as modified by this Agreement and the Project Approvals). 1.1. South San Francisco General Plan. The Developer will develop the Project in a manner consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan, as adopted on October 13, 1999 and as amended from time to time prior to the Effective Date of this Agreement. 1.2 El Camino Real/Chestnut Area Plan. The Developer will develop the Project in a manner consistent with the objectives, policies, general land uses and programs specified in the El Camino Real/Chestnut Area Plan, as adopted and as amended from time to time prior to the Effective Date of this Agreement. 1.3 El Camino Real Mixed Use North, High Intensity High Density Residential and El Camino Real/Chestnut Area Plan – Residential High Zoning District. The Developer shall construct the Project in a manner consistent with the zoning districts applicable to the Project as of the Effective Date and as amended from time to time prior to the Effective Date of this Agreement. 1.4 South San Francisco Municipal Code. The Developer shall construct the Project in a manner consistent with the South San Francisco Municipal Code provisions, as applicable to the Project as of the Effective Date (except as modified by this Agreement, and as may be amended from time to time consistent with this Agreement). FEES, EXACTIONS, & PAYMENTS Subject to the terms of Section 5.6(b) of this Agreement, Developer agrees that Developer shall be responsible for the payment of the following fees, charges, exactions, taxes, and assessments (collectively, “Assessments”). From time to time, the City may update, revise, or change its Assessments. Further, nothing herein shall be construed to relieve the Property from common benefit assessments levied against it and similarly situated properties by the City pursuant to and in accordance with any statutory procedure for the assessment of property to pay for infrastructure and/or services that benefit the Property. As authorized by the applicable Development Fee enabling ordinance or resolution as of the Effective Date of this Agreement, the amount paid for a particular Assessment, shall be the amount owed, based on the calculation or formula in place at the time payment is due, as specified below. 2.1 Administrative/Processing Fees. The Developer shall pay the applicable application, processing, administrative, legal and inspection fees and charges, as currently adopted pursuant to City’s Master Fee Schedule and required by the City for processing of land 3442775.1 C-3 use entitlements, including without limitation, General Plan amendments, zoning changes, precise plans, development agreements, conditional use permits, variances, transportation demand management plans, tentative subdivision maps, parcel maps, lot line adjustments, general plan maintenance fee, demolition permits, and building permits. 2.2. Impact Fees (Existing Fees). Except as modified below and as set forth in Section 3.2(b) of this Agreement, only the following existing impact fees shall be paid for net new square footage (and excluding or reducing such fees for the Affordable Units as provided for in such fee ordinances) at the later of (i) issuance of temporary certificate of occupancy or (ii) the times prescribed in the resolution(s) or ordinance(s) adopting and implementing the fees. (a) Child Care Impact Fee. (SSFMC Chapter 20.310; Ordinance 1432-2001). The on-site child-care facility fully satisfies the City’s Childcare Impact Fee for the Project (no monetary amounts shall be charged provided that the Childcare Center is constructed). (b) Public Safety Impact Fee. (Resolution 97-2012) The Developer shall pay the Public Safety Impact Fee, as set forth in Resolution No. 97-2012, adopted on December 10, 2012, to assist the City’s Fire Department and Police Department with funding the acquisition and maintenance of Police and Fire Department vehicles, apparatus, equipment, and similar needs for the provision of public safety services. (c) Sewer Capacity Charge. (Resolution 39-2010) The Developer shall pay the Sewer Capacity Charge, as set forth in Resolution No. 39-2010. (d) General Plan Maintenance Fee. (Resolution 74-2007). The Developer shall pay the General Plan Maintenance Fee as set forth in Resolution 74-2007. (e) Affordable Housing Inclusionary Housing and In Lieu Fees (SSFMC Chapter 20.380) and Affordable Housing Commercial Linkage Fee (SSFMC Chapter 8.69). The Affordable Units fully satisfy the Affordable Housing Inclusionary Housing and In Lieu Fee, and Affordable Housing Commercial Linkage Fee, for the Project (no monetary amounts shall be charged). (f) Park and Recreation Fees. The Developer shall pay the Park and Recreation Fees per SSFMC Chapter 8.67. (g) Bicycle and Pedestrian Impact Fee. The Developer shall pay the Bicycle and Pedestrian Impact Fee per SSFMC Chapter 8.68. 2.3 User Fees. 3442775.1 C-4 (a) Sewer Service Charges. (payable at the then applicable rate as of the date of imposition of the Sewer Service Charge and assessed as part of property tax bill) (b) Storm water Charges. (payable at the then applicable rate as of the date of imposition of the Storm water Charge and assessed as part of property tax bill) 2.4 School Impact Fees. Developer shall pay to the school the applicable school fees in the rates and at the time required by applicable law. 2.5 Public Benefits and Commitments. As set forth in Article 3. 2.5 Sales Tax/Business License Tax Modifications. In the event that the City’s business license tax or locally imposed sales tax are modified and duly approved by voters, and any subsequent tax modifications become applicable to the properties on the Project during the term of this Agreement, Developer shall be responsible to pay the applicable business license and sales tax amounts, as modified. 3442775.1 A-1 Exhibit D Form of Affordable Housing Agreement (BRIDGE) 144\324\2704905.1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Manager EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder’s use. [FORM OF ] AFFORDABLE HOUSING REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS Parcel 1, Building C2, South San Francisco by and between THE CITY OF SOUTH SAN FRANCISCO and BRIDGE HOUSING CORPORATION 2 This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (this “Agreement”) is entered into effective as of _____________, 20__ (“Effective Date”) by and between the City of South San Francisco, a municipal corporation (“City”) and BRIDGE Housing Corporation, a California nonprofit public benefit corporation (“Owner”). City and Owner are hereinafter collectively referred to as the “Parties.” RECITALS A. Owner owns that certain real property located in the City of South San Francisco referred to a “Site C2”, located at 1051 Mission Road, and more particularly described in Exhibit A attached hereto (the “Property”). B. Under the Development Agreement executed by and between SSF PUC Housing Partners, LLC and the City dated as of ____________ (the “Development Agreement”), as partially assigned to Owner, the Property is required to be used for one hundred fifty-eight (158) units of affordable housing and ancillary improvements (the "Project"). C. Pursuant to Government Code Section 65915 and South San Francisco Municipal Code Chapter 20.390, Owner has agreed that the Project will result in 55 units being available to residents with incomes at or below of fifty (50) percent of area median income. Furthermore, Developer has requested a density bonus of twenty five (25) percent and has, pursuant to Section 20.390.010.B.7, requested development standard waivers including a FAR increase above the maximum FAR for that site designated as "Site B" in the Development Agreement, and a waiver of setback requirements under South San Francisco Municipal Code Section 20.270.004(D) for the Property and for "Site C1" and "Site B," as designated in the Development Agreement. In addition, City, through its Commercial Linkage Fee fund, will provide $2,000,000 of financial assistance to Owner as referenced in the Loan Agreement attached hereto as Exhibit B. D. As required by the Development Agreement, Owner shall record this Agreement against the Property. The execution of this Agreement shall take place prior to final map approval and shall be recorded upon final map recordation or, where a map is not being processed, prior to the issuance of building permits for the Project.. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner’s successors and assigns for the full term of this Agreement. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows. AGREEMENT 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits. “Actual Household Size" means the actual number of persons in the applicable household. 3 “Adjusted for Family Size Appropriate for the Unit” shall be determined as defined below, and for units of any other size consistent with applicable federal rules (if any) and Section 50052.5(h) of the California Health and Safety Code, as it exists or may be amended: One Bedroom – 1.5 people Two Bedroom – 3 people Three Bedroom – 4.5 people "Adjusted Income" means, the income from all persons in the household including nonrelated individuals, calculated using the methods to calculate income adopted by HUD or TCAC. "Affordable Rent" means rents allowed by TCAC for the Unit’s designated income level. If TCAC does not publish such rents, it means the following amounts, less a utility allowance and such other adjustments as required pursuant to the California Law: (i) for Units occupied by Extremely Low Income Households, a monthly rent that does not exceed one-twelfth (1/12) of thirty percent (30%) of AMI, Adjusted for Family Size Appropriate for the Unit; (ii) for Units occupied by Very Low Income Households, a monthly rent that does not exceed one-twelfth (1/12) of fifty percent (50%) of AMI, Adjusted for Family Size Appropriate for the Unit; and (iii) for Units occupied by Lower Income Households, a monthly rent that does not exceed one- twelfth (1/12) of eighty percent (80%) of AMI, Adjusted for Family Size Appropriate for the Unit. " Area Median Income" or "AMI" means the median income for San Mateo County, California, adjusted for Actual Household Size, as determined by TCAC if the Project is restricted by a tax credit regulatory agreement, or by HUD pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the HCD in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c). In the event that such income determinations are no longer published or are not updated for a period of at least eighteen (18) months, the City shall provide the Owner with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HCD. “Assignment and Assumption Agreement” is defined as the Assignment and Assumption Agreement between the City of South San Francisco and BRIDGE Housing dated __________ and included as Exhibit F to the Development Agreement. “Claims” is defined in Section 10. "Developer" is defined in the Development Agreement. “Extremely Low Income Household” means persons and families whose incomes do not exceed an annual gross household income for households of 30% Income Level as published by TCAC, adjusted for Actual Household Size, or if TCAC does not publish such levels, it shall have the meaning set forth in South San Francisco Municipal Code Section 20.390.002.P. 4 “Indemnitees” is defined in Section 10. "Lower Income Household" persons and families whose incomes do not exceed an annual gross household income for households of 80% Income Level as published by TCAC, adjusted for Actual Household Size, or if TCAC does not publish such levels, it shall have the meaning set forth in South San Francisco Municipal Code Section 20.390.002.H. "Rent" shall mean the total of monthly payments by the residents of a Unit (other than the manager's Unit) for the following: use and occupancy of the Unit and land and associated facilities, including parking; any separately charged fees or service charges assessed by Owner which are required of all residents, other than security deposits; the cost of an adequate level of service for utilities paid by the Resident, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not cable or telephone service; any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Owner, and paid by the Resident. "Resident" shall mean an individual or household occupying a Unit. "TCAC" shall mean the California Tax Credit Allocation Committee. "Units" shall mean the individual dwelling units to be constructed on the Property as part of the Project. "Very Low Income Household" means persons and families whose incomes do not exceed an annual gross household income for households of 50% Income Level as published by TCAC, adjusted for Actual Household Size, or if TCAC does not publish such levels, it shall have the meaning set forth in South San Francisco Municipal Code Section 20.390.002.P. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that the Property and Project shall be used solely for the operation of affordable rental housing and related improvements in compliance with the Development Agreement and the requirements set forth herein. Owner represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Owner covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City. 2.1 Affordability Requirements. For a term of fifty-five (55) years commencing upon the date of issuance of a final certificate of occupancy for the Project, fifty-five (55) of the Units in the Project shall be rented at an Affordable Rent to and occupied by or, if vacant, available for occupancy by Very Low Income Households at Very Low Income Rents. The remaining Units within the Project, exclusive of a manager's Unit, shall be rented at an Affordable Rent to and occupied by or, if vacant, available for occupancy by households whose incomes range between Extremely Low Income Households and Lower Income Households. The average affordable restriction by of all of the Units, exclusive of a manager's Unit, shall be sixty percent (60%) of AMI. 2.2 Rents for Very Low Income Units. The Rent charged to Residents of the Very 5 Low Income Units shall not exceed the rents allowed by TCAC for the Unit’s designated income level (the " Low Income Rents"). If TCAC does not publish such rents, the monthly Very Low Income Rents shall be 1/12th of 30% of the Unit's designated income level. 2.3 Increased Income of Residents. If, upon recertification of the income of a Resident of a Unit, the Owner determines that the Resident has an Adjusted Income exceeding the maximum qualifying income for the Unit, such Resident shall be permitted to continue occupying the Unit upon expiration of the Resident's lease, and upon sixty (60) days written notice, the Rent shall be increased to the lesser of thirty percent (30%) of the Resident's Adjusted Income or fair market value, subject to the maximum rent allowed pursuant to other funding restrictions. 2.4 Termination of Occupancy. Upon termination of occupancy of a Unit by a Resident, Owner shall rent the Unit, to a Resident whose income is at or below the income level of the former Resident when they qualified for occupancy of such Unit within thirty (30) days of termination of occupancy by the former Resident 2.5 Condominium Conversion. Owner shall not convert the Units in the Project to condominium or cooperative ownership or sell condominium or cooperative rights to the residential portion of the Project or any part thereof unless Owner obtains the City's consent, which consent shall be conditioned upon Owner's agreement to ensure that the Units remain available as affordable housing. Prior to conveyance of any Unit(s), the buyer(s) of the for-sale Units shall enter into an affordable housing agreement, in a form approved by the City Manager and City Attorney, that maintains the affordability of the unit for the minimum term set forth in this Agreement or in California law whichever is greater. 2.6 Non-Discrimination; Compliance with Fair Housing Laws. 2.6.1 Preferences. In order to ensure that there is an adequate supply of affordable housing within the City for City residents and employees of businesses located within the City, to the extent permitted by fair housing laws and other applicable laws, and consistent with the program regulations for funding sources used for development of the Project, at initial lease up, Owner shall give a preference in the Project to households that include at least one member who lives or works in the City of South San Francisco. Owner will implement any preferences in the rental of Units in the Project pursuant to a preference plan approved by its lenders, investors and the City Manager. Notwithstanding the foregoing, in the event of a conflict between this provision and the provisions of Section 42 of the Internal Revenue Code of 1986, as amended, the provisions of such Section 42 shall control. 2.6.2 Fair Housing. Owner shall comply with state and federal fair housing laws in the marketing and rental of the Units. Owner shall accept as Residents, on the same basis as all other prospective households, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. 2.6.3 Non-Discrimination. Owner shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or Project, or any portion thereof, on the basis of race, color, religion, sex, gender, gender identity, gender expression, 6 sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, Project or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in, of, or for the Property, Project or part thereof. All deeds made or entered into by Owner, its successors or assigns, as to any portion of the Property or Project shall contain the following language, and all leases or contracts made or entered into by Owner, its successors or assigns, as to any portion of the Property or Project, shall reference this Section, and shall enforce the same diligently and in good faith: “(a) Owner herein covenants by and for itself, its successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against or segregation of a person or of a group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed nor shall the Owner or any person claiming under or through the Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. “(b) Notwithstanding paragraph (a), with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 of the Civil Code and subdivisions (d) of Section 12955 of the Government Code shall apply to paragraph (a).” 3. Reporting Requirements. 3.1. Household Certification. Owner or Owner’s authorized agent shall obtain from each household prior to initial occupancy of each Unit, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require: (a) The identity of each household member; and (b) The total gross household income; 7 Owner shall retain such certificates for not less than three (3) years, and upon City’s request, shall make the certificates available for City inspection. 3.2 Annual Report; Inspections. By not later than April 30th of each year during the term of this Agreement, Owner shall submit an annual report (“Annual Report”) to the City in form satisfactory to City, together with a certification that the Project is in compliance with the requirements of this Agreement (as of December 31 of the prior year). The Annual Report shall, at a minimum, include the following information for each Unit: (i) unit number; (ii) number of bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the previous year; (v) number of people residing in the unit; (vi) total gross household income of residents; (vii) documentation of source of household income; and (viii) the information required by Section 3.1. Owner shall include with the Annual Report, an income recertification for each household, documentation verifying Very Low Income Household eligibility, and such additional information as City may reasonably request from time to time in order to demonstrate compliance with this Agreement. The Annual Report shall conform to the format requested by City; provided however, during such time that the Project is subject to a TCAC regulatory agreement, Owner may satisfy the requirements of this Section by providing City with a copy of compliance reports required by TCAC. 3.3 On-site Inspection. Owner shall permit representatives of City to enter and inspect the Property and the Project during reasonable business hours in order to monitor compliance with this Agreement upon 48-hours advance notice of such visit to Owner or to Owner's management agent. 3.4 Additional Information. Owner shall provide any additional information reasonably requested by City. The City shall have the right to audit, examine and make copies of all books, records, or other documents of the Owner which pertain to the Project. 3.5 Records. The Owner shall maintain complete, accurate and current records pertaining to the Project, and shall permit any duly authorized representative of the City to inspect records, including records pertaining to income and household size of the Residents. All Resident lists, applications and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the Owner and shall be maintained in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City. The Owner shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least three (3) years, and for any period during which there is an audit undertaken by the City. 4. Term of Agreement. 4.1 Term of Restrictions. Unless extended by mutual agreement of the Parties, upon the 55th anniversary of issuance of the final certificate of occupancy for the Project, this Agreement shall automatically terminate and be of no further force or effect. The Owner shall provide all notices and rights to tenants required to be given prior to and upon the expiration of affordability covenants pursuant to Government Code Section 65863.10 or a successor statute. 8 4.2 Effectiveness Succeeds Conveyance of Property and Repayment of Loan. This Agreement shall remain effective and fully binding for the full term hereof, regardless of any sale, assignment, transfer, or conveyance of the Property or the Project or any part thereof or interest therein. 4.3 Reconveyance. Upon the expiration of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to evidence the expiration of this Agreement, or to evidence the release and discharge of this Agreement as a matter of title. 5. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property and the Project to the covenants and restrictions set forth in this Agreement. The Parties hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of the Parties, regardless of any sale, assignment, conveyance or transfer of the Property, the Project or any part thereof or interest therein. Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or the Project or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. If any such contract, deed, ground lease or other instrument has been executed prior to the date hereof, Owner hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, ground lease or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby. Owner agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property and the Project in favor of City. 6. Property Management; Repair and Maintenance; Marketing. 6.1 Management Responsibilities. Owner, or Owner’s designee, shall be responsible for all management functions with respect to the Property and the Project, including without limitation the selection of Very Low Income Households and Residents, certification and recertification of household income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. City shall have no responsibility for management or maintenance of the Property or the Project. 6.2 Repair, Maintenance and Security. Throughout the term of this Agreement, Owner, or Owner’s designee, shall at its own expense, maintain the Property and the Project in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to maintain the Project and the Property (including without limitation, the Units, common areas, meeting rooms, 9 landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair and abandoned vehicles/appliances, and shall take all reasonable steps to prevent the same from occurring on the Property or at the Project. 6.2.1 City’s Right to Perform Maintenance. In the event that Owner breaches any of the covenants contained in Section 6.2, and such default continues for a period of thirty (30) days after written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from City (with respect to landscaping, building improvements and general maintenance), then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. 6.2.2 Costs. All costs expended by City in connection with the foregoing Section 6.2.1, shall be paid by Owner to City upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s invoice therefor shall bear interest at the lesser of 8% per annum or the highest rate permitted by applicable law. Notwithstanding anything to the contrary set forth in this Section, City agrees that it will provide Owner with not less than thirty (30) days’ written notice prior to undertaking any work for which Owner will incur a financial obligation. 6.3 Marketing and Management Plan. Within 180 days following the Effective Date of this Agreement, Owner shall submit for City review and approval, a plan for marketing and managing the Property ("Marketing and Management Plan" or “Plan”). The Marketing and Management Plan shall address in detail how Owner plans to market the Units to prospective Extremely Low, Very Low and Lower Income Households in accordance with fair housing laws and this Agreement, Owner’s Resident selection criteria, and how Owner plans to certify the eligibility of Residents. The Plan will also set forth the manner in which Owner will encourage or incentivize (including financial incentives, to the extent allowed by TCAC regulations) Residents who no longer qualify as Lower Income Households to transition to market rate housing opportunities within the City. The Plan shall also describe the management team and shall address how the Owner and the management entity plan to manage and maintain the Property and the Project. The Plan shall include the proposed management agreement and the form of rental agreement that Owner proposes to enter into with Residents. Owner shall abide by the terms of the Marketing and Management Plan in marketing, managing, and maintaining the Property and the Project, and throughout the term of this Agreement. 6.4 Approval of Amendments. If City has not responded to any submission of the Marketing and Management Plan, the proposed management entity, or a proposed amendment or change to any of the foregoing within sixty (60) days following City’s receipt of such plan, proposal or amendment, the plan, proposal or amendment shall be deemed approved by City. 6.5 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Property or the Project, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. However, Owner shall not be required to pay any such 10 charge so long as (a) Owner is contesting such charge in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Owner immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. Nothing in this Section is intended to prohibit Owner from applying for any exemption from property taxes and fees that may be available to the owners of low-income housing. 6.6 Insurance Coverage. Throughout the term of this Agreement Owner shall comply with the insurance requirements set forth in Exhibit B. 6.7 Property Damage or Destruction. If any part of the Project is damaged or destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement. Such work shall be commenced as soon as reasonably practicable after the damage or loss occurs and shall be completed within one year thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible. During such time that lenders or low-income housing tax credit investors providing financing for the Project impose requirements that differ from the requirements of this Section the requirements of such lenders and investors shall prevail. 7. Recordation; Subordination. This Agreement shall be recorded in the Official Records of San Mateo County concurrently with Owner's acquisition of the Property. Notwithstanding the foregoing, the City agrees the City will not withhold consent to reasonable requests for subordination of this Agreement to deeds of trust provided for the benefit of lenders providing financing for the acquisition, development or rehabilitation of the Project (and their successors and assigns), provided that the instruments effecting such subordination include reasonable protections to the City in the event of default, including without limitation, extended notice and cure rights. Owner shall reimburse City for all City costs, including but not limited to reasonable attorneys’ fees, incurred in reviewing instruments and other legal documents proposed to effect a subordination under this Agreement within ten (10) days following City’s delivery of an invoice detailing such costs. 8. Transfer and Encumbrance. 8.1 Restrictions on Transfer and Encumbrance. Upon issuance of a final certificate of occupancy for the Project, or any portion thereof, Owner may, upon approval by the City which approval shall not be unreasonably withheld, transfer or assign all or any portion of its interests, rights or obligations in the Property, or under this Agreement, to any third party, and, as this Agreement “runs with the land” this Agreement shall be binding on Owner’s successors and assigns for the full term of this Agreement. Prior to issuance of a final certificate of occupancy for the Project, or any portion thereof, Owner may transfer or assign all or any portion of its interest, right or obligations in the Property to an affiliate of Owner, as set forth in the Development Agreement. 11 Consent to any proposed transfer may be given by the City’s City Manager unless the City Manager, in his or her discretion, refers the matter of approval to the City’s governing board. If a proposed transfer has not been approved by City in writing within thirty (30) days following City’s receipt of written request by Owner, it shall be deemed rejected. Owner shall reimburse City for all City costs, including but not limited to reasonable attorneys’ fees, incurred in reviewing instruments and other legal documents proposed to effect a transfer under this Agreement and in reviewing the qualifications and financial resources of a proposed successor, assignee, or transferee within ten (10) days following City’s delivery of an invoice detailing such costs. The Parties contemplate that Owner will assign its rights under this Agreement or its interests, rights, or obligations in the Property or under this Agreement, to a tax credit limited partnership that is an affiliate of Owner. Notwithstanding anything to the contrary herein, a transfer by the investor limited partner of its limited partner interest in the affiliate, or the exercise by the investor limited partner of its remedies against Owner for breach of the partnership agreement, including removal of Owner as a general partner, shall not constitute an assignment of Owner's interests, rights, or obligations in the Property or under this Agreement that would require City approval. 8.2 Encumbrances. Owner agrees to use best efforts to ensure that all deeds of trust or other security instruments and any applicable subordination agreement recorded against the Property, the Project or part thereof for the benefit of a lender (“Lender”) shall contain each of the following provisions: (i) Lender shall use its best efforts to provide to City a copy of any notice of default issued to Owner concurrently with provision of such notice to Owner; and, (ii) City shall have the reasonable right, but not the obligation, to cure any default by Owner within the same period of time provided to Owner for such cure extended by an additional 90 days. Owner agrees to provide to City a copy of any notice of default Owner receives from any Lender within thirty (30) business days following Owner’s receipt thereof. 8.3 Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Project or the Property, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Such purchaser shall be bound by and subject to this Agreement from and after such trustee’s sale or foreclosure sale. Promptly upon determining that a violation of this Agreement has occurred, City shall give written notice to the holders of record of any mortgages or deeds of trust encumbering the Project or the Property that such violation has occurred. 9. Default and Remedies. 9.1 Events of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder ("Event of Default"): (a) The occurrence of a transfer in violation of Section 8.1 hereof; 12 (b) Owner’s failure to maintain insurance on the Property and the Project as required hereunder, and the failure of Owner to cure such default within thirty (30) days of written notice from City; (c) Subject to Owner’s right to contest the following charges, Owner’s failure to pay taxes or assessments due on the Property or the Project or failure to pay any other charge that may result in a lien on the Property or the Project, and Owner’s failure to cure such default within sixty (6 0) days of delinquency; (d) A default arises under any loan secured by a mortgage, deed of trust or other security instrument recorded against the Property and remains uncured beyond any applicable cure period such that the holder of such security instrument has the right to accelerate repayment of such loan; (e) Owner’s default in the performance of any material term, provision or covenant under this Agreement (other than an obligation enumerated in this Subsection 9.1) or the Assignment and Assumption Agreement as defined in Section 1, and unless such provision specifies a shorter cure period for such default, the continuation of such default for thirty (30) days in the event of a monetary default or sixty (60) days in the event of a non-monetary default following the date upon which City shall have given written notice of the default to Owner, or if the nature of any such non-monetary default is such that it cannot be cured within 60 days, Owner’s failure to commence to cure the default within sixty (60) days and thereafter prosecute the curing of such default with due diligence and in good faith. 9.2 Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies: A. Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief; B. Pursue any other remedy allowed at law or in equity. Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. 10. Indemnity. To the fullest extent permitted by law, Owner shall indemnify, defend (with counsel approved by City) and hold City and its respective elected and appointed officers, officials, employees, agents, and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising directly or indirectly, in whole or in part, as a result of or in connection with Owner’s construction, management, or operation of the Property and the Project or any failure to perform any obligation as and when required by this Agreement. Owner’s indemnification obligations under 13 this Section 10 shall not extend to Claims resulting solely from the gross negligence or willful misconduct of Indemnitees. The provisions of this Section 10 shall survive the expiration or earlier termination of this Agreement. It is further agreed that City does not and shall not waive any rights against Owner that it may have by reason of this indemnity and hold harmless agreement because of the acceptance by, or the deposit with City by Owner, of any of the insurance policies described in this Agreement. 11. Miscellaneous. 11.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties. 11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Owner of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. If to City, to: City of South San Francisco 400 Grand Avenue Attn: City Manager South San Francisco, CA 94080 Phone: (650) 877-8500 Email: mike.futrell@ssf.net 14 With a Copy to: City of South San Francisco 400 Grand Avenue Attn: ECD Director South San Francisco, CA 94080 Phone: (650) 829-6622 Email: alex.greenwood@ssf.net With a Copy to: Meyers Nave Attn: Sky Woodruff, City Attorney 555 12th Street, Suite 1500 Oakland, CA 94607 Tel (510) 808-2000 Fax (510) 444-1108 Email swoodruff@meyersnave.com If to Owner: [Insert] 11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. 11.6 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the governing board of the City at the discretion of the City Manager. 11.7 Non-Liability of City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Owner or its successor or for any obligation of City under this Agreement. 11.8 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. 11.9 Time is of the Essence. Time is of the essence in the performance of this Agreement. 11.10 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. 11.11 Attorneys' Fees and Costs. If any legal or administrative action is brought to 15 interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action. 11.12 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 11.13 Entire Agreement; Exhibits. This Agreement contains the entire agreement of Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the Parties with respect thereto. Exhibit A and Exhibit B, attached hereto are incorporated herein by this reference. 11.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. SIGNATURES ON FOLLOWING PAGE. 16 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above. CITY THE CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: __________________________________ Name:_Mike Futrell Title: City Manager ATTEST: By: _________________________________ Rosa Govea Acosta, City Clerk APPROVED AS TO FORM: By: _________________________________ Sky Woodruff, City Attorney OWNER By: ______________________________ Its: _______________________________ SIGNATURES MUST BE NOTARIZED. 17 STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) On , 20__, before me, ______________________, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) On , 20__, before me, ______________________, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________________________ (Seal) 18 Exhibit A [Insert Property Legal Description] 3426169.1 1 ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT BY AND BETWEEN SSF PUC HOUSING PARTNERS, LLC AND BRIDGE HOUSING CORPORATION This Assignment and Assumption of Development Agreement and Purchase and Sale Agreement (this "Agreement") is entered into as of _________, 20__ (the "Execution Date"), by and between SSF PUC Housing Partners, LLC, a Delaware limited liability company ("Assignor"), and BRIDGE Housing Corporation, a California nonprofit public benefit corporation ("Assignee"), collectively referred to herein as the "Parties," with reference to the following facts: RECITALS A.Assignor has acquired, pursuant to that certain Purchase and Sale Agreement dated ________, 2020 (the "PSA") with the City of South San Francisco, a municipal corporation (the "City"), a legal and or equitable interest in that certain real property described in Exhibit A-1 to this Agreement (the "Property"). B.Assignor intends to develop the Property pursuant to a Development Agreement with the City recorded as document number _____ in the official records of San Mateo County (the "DA") with a project (the "Project") described more particularly in the DA, and generally including 800 residential units, an approximately 8,307 square foot childcare center (the "Childcare Center"), an approximately 12,992 square foot commercial building (the "Market Hall"), landscaping and Park Improvements, and other improvements and Public Infrastructure. The DA also obligates Assignor to construct certain Offsite Improvements and to pay certain Impact Fees. C.Of the 800 residential units to be constructed in the Project, 158 are designated in the DA as below market rate units affordable to households with incomes at or below 80 percent (80%) of area median income, exclusive of the manager's unit (“Affordable Units”). The 158 Affordable Units shall be affordable to residents with incomes in the range of 30 to 80% AMI with an overall average for all units at 60% AMI. Construction of these Affordable Units is a material obligation of the Developer under the PSA and DA, and certain benefits under Government Code Section 65915 will inure to the Project because of the Affordable Units. The DA contemplates construction of a building identified as "Building C2" to house the Affordable Units, which will be constructed on a portion of the Project designated in the vesting tentative tract map for the project as "Parcel 1" and described more particularly in Exhibit A-2 to this Agreement. D.Assignor desires to assign Parcel 1 and its obligation to construct Building C2 to Assignee, and Assignee desires to accept the assignment of the same. The purpose of this Agreement is to memorialize said assignment and assumption of rights and obligations, to evidence site control of Parcel 1 by Assignee, and to delineate the Parties' respective obligations for development of the Project. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the Parties agree as follows: Exhibit E 2 ARTICLE 1. RECITALS, DEFINITIONS, AND EXHIBITS Section 1.1 Recitals. The Parties hereby agree that each of the foregoing recitals is true and correct. Section 1.2 Definitions. The capitalized terms below shall have the following meanings: (a) "Affiliate" shall mean, (i) a limited partnership in which Assignee is the managing general partner, formed for the purpose of leveraging tax credit financing for the development of Building C2; (ii) a limited liability company in which Assignee is the sole member, formed to be the managing general partner of such a tax credit limited partnership; or (iii) a tax credit limited partnership whose managing general partner is a limited liability company described in the previous clause or a corporation controlled by Assignee. (b) "Affordable Units" is defined in Recital C. (c) "Agreement" is defined in the opening paragraph. (d) "Assignee" is defined in the opening paragraph. (e) "Assignor" is defined in the opening paragraph. (f) "Assignee Obligations" is defined in Section 4.1. (g) "Assignor Obligations" is defined in Section 4.2. (h) "Building C2" is defined in Recital C. (i) "Childcare Center" is defined in Recital B. (j) "City" is defined in Recital A. (k) "Closing" shall have the meaning given in the PSA. (l) "Conditions of Approval" shall mean requirements imposed by the City as a condition of any land use entitlement necessary for the development of the Project. (m) "Consent " means the consent agreement to be executed by the City, attached hereto as Exhibit B. (n) "DA" is defined in Recital B. (o) "Developer" shall have the meaning given by the DA. (p) “Effective Date” is defined in Section 5.6. 3 (q) "Execution Date" is defined in the opening paragraph. (r) "Environmental Mitigation Measures" shall mean Conditions of Approval imposed upon the Project pursuant to the California Environmental Quality Act, as identified in an adopted Mitigation Monitoring and Reporting Program applicable to the Project. (s) "Impact Fees" shall mean a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. (t) "Market Hall" is defined in Recital B. (u) "Oak Avenue Extensions" means, collectively, the Oak Avenue Phase 1 Extension and Oak Avenue Phase 2 Extension, as defined in the DA and PSA. (v) "Offsite Improvements" shall mean Public Infrastructure, excluding Public Infrastructure to be constructed on the Property. (w) "PALE" shall mean the approximately 33,981 square feet of land designated in the vesting tentative tract map for the Project as the Public Access and Landscape Easement on BART Property, together with approximately 8,529 square feet of land owned by the City adjacent thereto, to be subject to an Encroachment and Maintenance Agreement. (x) "Parcel 1" is defined in Recital C. (y) "Parties" are defined in the opening paragraph. (z) "Park Improvements" means the landscaping, playground equipment, bioretention basins, emergency vehicle access, sidewalks, and other improvements proposed in the entitlement application for the Project to be constructed on the PALE. (aa) "Paseo" means the paseo to be constructed between the Project's residential buildings and along the southeastern edge of Parcel 1 and northwestern edge of Parcel 2, as depicted on the vesting tentative tract map for the Project. "Paseo" also includes an initial asphalt driveway that will be constructed in the location of the Paseo for emergency vehicle access prior to full build-out of the Paseo improvements. (bb) "Project" is defined in Recital B. (cc) "Property" is defined in Recital A. (dd) "PSA" is defined in Recital A. 4 (ee) "Public Infrastructure" shall mean infrastructure and other improvements constructed for use by, or for the benefit of, the general public, including, without limitation, utilities, sidewalks, roads, other rights of way, and Park Improvements. Section 1.3 Exhibits. The following exhibits are attached to this Agreement, and are incorporated herein by this reference: Exhibit A-1: Legal Description of the Property Exhibit A-2: Legal Description of Parcel 1 Exhibit B: City's Consent Exhibit C: Depiction of Portions of PALE to be Developed by each Party ARTICLE 2. ASSIGNMENT AND ASSUMPTION OF PSA Section 2.1 Assignment and Assumption. Assignor hereby assigns and delegates to Assignee, and Assignee hereby accepts and assumes from Assignor, Assignor's rights, title, and interest under the PSA to acquire Parcel 1 from the City for the purpose of developing, constructing, owning, and operating Building C2. Section 2.2 Consideration. At Closing, Assignee shall pay the City the Parcel 1 Purchase Price to acquire Parcel 1. The “Parcel 1 Purchase Price” is the lesser of $2,200,000 or 20% of the Purchase Price paid under the PSA. If Assignee pays the City the Parcel 1 Purchase Price to acquire Parcel 1, Assignor agrees to repay Assignee the amount of the Parcel 1 Purchase Price, which obligation shall be secured by recording a deed of trust or other security instrument, to be approved as to form by the City Manager and City Attorney, in first lien position against the remainder of the Property (i.e., that part of the Property not including Parcel 1) at the time of Close of Escrow between Assignor and the City. Notwithstanding the forgoing if Assignor acquires the remainder of the Property (or a portion thereof), before Assignee acquires Parcel 1, then Assignor will pay to the City the Parcel 1 Purchase Price for the benefit of Assignee and Assignee shall pay the City $1 to acquire Parcel 1. Section 2.3 Consent and Release by City (PSA). The City's consent and release to this partial assignment and assumption of the PSA is set forth in the Consent. Parties hereby mutually acknowledge and agree to every provision of the Consent. 5 ARTICLE 3. ASSIGNMENT AND ASSUMPTION OF DA Section 3.1 Assignment by Assignor. Assignor hereby assigns and delegates to Assignee the rights, title, duties, and interest of the Developer under the DA with respect to the development of Parcel 1 and the construction of Building C2. Section 3.2 Assumption by Assignee. Assignee hereby accepts and assumes from Assignor, Assignor's rights, title, duties, and interest under the DA, as assigned under Section 3.1; provided, however, that Assignee's obligations under the DA are expressly limited to the Assignee Obligations, as set forth in Article 4. Section 3.3 Consent and Release by City (DA). The City's consent and release to this partial assignment and assumption of the DA is set forth in the Consent. Parties hereby mutually acknowledge and agree to every provision of the Consent. ARTICLE 4. OBLIGATIONS OF THE PARTIES Section 4.1 Assignee Obligations. (a) Assignee's obligations to develop the Project, perform Environmental Mitigation Measures and other Conditions of Approval, construct Offsite Improvements and other Public Infrastructure, and pay Impact Fees (the "Assignee Obligations"), shall consist of and be limited to the following obligations: (1) To develop Building C2 to operate as an affordable housing project as set forth in the DA; (2) To construct that portion of the Paseo located on Parcel 1; (3) To construct those Park Improvements planned to be located on the portion of the PALE depicted on Exhibit C attached hereto, which is adjacent and to the southwest of Parcel 1; (4) To construct any Public Infrastructure to be located on Parcel 1 and any Offsite Improvements required to be constructed by the Developer along that portion of the Mission Road right of way fronting onto Parcel 1; (5) To construct a bicycle connection north of Building C2; (6) Generally, to perform and comply with all Environmental Mitigation Measures and other Conditions of Approval that relate directly to the performance of the 6 foregoing obligations, including, in the performance of the Assignee Obligations, (i) compliance with the City's climate action plan; (ii) compliance with any transportation demand management or parking management plan for the Project; and (iii) compliance with any water quality control, flood control, engineering, or public safety conditions of approval; compliance with federal and state law, including but not limited to compliance with prevailing wage requirements and any obligation to obtain government approvals, with respect to Parcel 1 and Building C2; construction or undergrounding of any utility, but only directly serving Building C2 or located on Parcel 1 (subject to Government Code Section 66485, et seq.); (7) To pay Impact Fees due and owing to the City pursuant to the DA for the 158 residential units to be constructed on Parcel 1, which are estimated as follows but will be finally determined at the time such Impact Fees are paid consistent with the provisions in the DA: (A) Sewer capacity fee: $533,008, (B) Park impact fees: $2,374,108, (C) Bike and pedestrian fees: $20,066, (D) Public safety impact fee (police): $26,686, and (E) Public safety impact fee (fire): $62,268; (8) To pay any other Impact Fees due and owing to any public agency other than the City for Parcel 1 or Building C2, whether calculated in proportion to the number of units in Building C2, the size of Parcel 1, or other measure that accounts for Assignee's proportional share of the fee; and (9) To pay expedited plan check fees, but only if Assignee requests an expedited plan check. (b) For greater clarity, and without limiting the generality of Subsection (a), Assignee shall not be responsible for, and the Assignee Obligations shall not include any obligations or requirements that do not directly relate to the development and operation of Parcel 1 and Building C2 or satisfaction of the obligations listed in Section 4.1(a). For non-exhaustive examples only: (1) The performance of or compliance with any Environmental Mitigation Measure or Condition of Approval not directly relating to the development of Parcel 1 and Building C2 and the performance of the Assignee Obligations as defined in Section 4.1, including; (2) The performance of any Environmental Mitigation Measure requiring construction of transportation Offsite Improvements, except any such improvements within the Mission Road right of way fronting Parcel 1 as provided in Section 4.1(a)(4), or requiring Assignee to fund more than its proportionate share of the cost of any such improvement; 7 (3) The construction of any improvement not described in Subsection (a), including, without limitation, (i) construction or undergrounding of any utility not on or serving Parcel 1 or Building C2; (ii) satisfaction of the Developer's public art commitment; or (iii) the construction of the Childcare Center, Market Hall, Oak Avenue Extensions, or other Project improvements or Off-Site Improvements to be located on any parcel other than Parcel 1, unless expressly identified in Subsection (a); (4) The payment of any Impact Fee not described in Subsection (a); and (5) Compliance with federal and state law, including but not limited to compliance with prevailing wage requirements and any obligation to obtain government approvals, except with respect to Parcel 1 and Building C2. Section 4.2 Assignor Obligations. Assignor shall be responsible for all obligations of the Developer, except for the Assignee Obligations, to develop the Project, perform and comply with Environmental Mitigation Measures and other Conditions of Approval, construct Offsite Improvements or other Public Infrastructure, and pay any and all Impact Fees associated with the Project (the "Assignor Obligations"). From and after the Effective Date, the Assignor shall not be responsible for the Assignee Obligations and Assignee shall not be responsible for performance of the Assignor Obligations. ARTICLE 5. MISCELLANEOUS Section 5.1 Further Assurances. The Parties agree to take such further actions as may be necessary or advisable to effectuate, confirm, or document the assignment and assumption contemplated hereby. Section 5.2 City Consent to Further Assignment. To the extent applicable, this Agreement may not be assigned without the written consent the City consistent with the assignment provisions of the DA and PSA. Section 5.3 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding, or unenforceability. Section 5.4 Interpretation. This Agreement shall be governed and interpreted in accordance with the laws of the state of California. This Agreement includes the contributions of both Parties, each of which is represented by competent counsel, and the rule stated in Civil Code Section 1654 that an agreement be construed against its drafter shall have no application hereto. Headings contained 8 in this Agreement are for convenience of reference only, and shall not alter the meaning of any provision hereof. Section 5.5 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument. Section 5.6 Effective Date. This Agreement shall be effective on the date fully executed by the Parties and the Consent has been duly executed by the City. Section 5.7 Recordation. Either this Agreement or a memorandum of this Agreement shall be recorded against the Property within ten (10) days of the Effective Date. Section 5.8 Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Parties. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. [Signatures on the Following Page] 9 IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Execution Date. ASSIGNOR: ASSIGNEE: SSF PUC Housing Partners, LLC a Delaware limited liability company By: _____________________________ Name: _____________________________ Title: _____________________________ BRIDGE Housing Corporation, a California nonprofit public benefit corporation By: _____________________________ Name: _____________________________ Title: _____________________________ A-1–1 EXHIBIT A-1 PROPERTY LEGAL DESCRIPTION A-2–1 EXHIBIT A-2 PARCEL 1 LEGAL DESCRIPTION B–1 EXHIBIT B CITY'S CONSENT AND RELEASE The City hereby consents to the assignment and assumption set forth in this Agreement, and further agrees as follows: 1. Parcel 1 shall be conveyed to Assignee separately from the remainder of the Property to allow construction of Building C2 as contemplated under the PSA and DA, even if Assignor fails to Close on the remainder of the Property under the PSA, the City will convey Parcel 1 to Assignee or an Affiliate thereof at Closing in consideration of the lesser of $2,200,000 or 20% of the Purchase Price paid under the PSAfor all Property. 2. Assignee's obligations to the City under the PSA, DA, or other Project entitlements shall be limited to the Assignee Obligations, regardless of whether the Assignor Closes on the remainder of the Property or the remainder of the Project is constructed. 3. The City hereby affirms that construction of the Affordable Units, as a component of the Project, is a priority for the City. It is the intent of the City that Assignee have the ability to develop Building C2 independently from the market rate components of the Project and at the earliest possible opportunity. If warranted by changed circumstances, and at the City’s discretion, the City will work with Assignee in good faith to refine and further delineate Assignee's obligations hereunder. 4. From and after the Execution Date of this Agreement, Assignor is fully released from the Assignee Obligations, Assignee is fully released from the Assignor Obligations, a default by the Assignor will not constitute a default by Assignee, and a default by Assignee will not constitute a default by Assignor. Notwithstanding anything to the contrary in this Agreement, the PSA, or the DA, the City may not exercise any remedy, whether contractual, regulatory, or otherwise, (i) with respect to Assignor because Assignee defaults under the Assignee Obligations, or (ii) with respect to Assignee because Assignor defaults under the Assignor Obligations. The limitations contained herein shall include the failure of the Assignor or Assignee to Close or to commence and complete construction within any specified time periods. CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: ______________________________ Mike Futrell, City Manager ATTEST: By: ______________________________ City Clerk APPROVED AS TO FORM: B–2 By: ______________________________ City Attorney B–3 EXHIBIT C DEPICTION OF PORTIONS OF PALE TO BE DEVELOPED BY EACH PARTY 3426080.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-961 Agenda Date:12/11/2019 Version:1 Item #:6. ..Title Report regarding a resolution approving and authorizing the City Manager to execute a funding agreement with City/County Association of Governments of San Mateo County (C/CAG)to accept up to $360,000 for the Smart Corridor Expansion Project (Project No.tr2002)design phase;approving budget amendment 20.026 which would amend the Fiscal Year 2019/20 Capital Improvement Program to fund the Smart Corridors Expansion Project;and approving and authorizing the City Manager to execute a consulting services agreement with Kimley-Horn and Associates to perform design services for the Smart Corridors Expansion Project (Project No.tr2002)in an amount not to exceed $280,000 for a total design budget of $360,000.(Bianca Liu, Senior Engineer) RECOMMENDATION It is recommended that the City Council adopt resolution approving and authorizing the City Manager to execute a funding agreement with City/County Association of Governments of San Mateo County (C/CAG)to accept up to $360,000 for the Smart Corridor Expansion Project (Project No.tr2002)design phase;approving budget amendment 20.026 which would amend the Fiscal Year 2019/20 Capital Improvement Program to fund the Smart Corridors Expansion Project;and approving and authorizing the City Manager to execute a consulting services agreement with Kimley-Horn and Associates to perform design services for the Smart Corridors Expansion Project (Project No.tr2002)in an amount not to exceed $280,000 for a total design budget of $360,000. BACKGROUND/DISCUSSION San Mateo County Smart Corridor The C/CAG sponsored San Mateo County Smart Corridor project implements Intelligent Transportation System (ITS)equipment such as an interconnected traffic signal system,close circuit television (CCTV)cameras, trailblazer/arterial dynamic message signs,and vehicle detection system on predefined designated local streets and state routes to provide local cities and Caltrans day to day traffic management capabilities in addressing recurrent traffic congestion as well as provide Caltrans capabilities for managing the system during non- recurring traffic congestion caused by diverted traffic due to major incidents on the freeway. The Smart Corridor project is being built from south to north,and eventually will span the entire county from Santa Clara county border to San Francisco border.The already completed segment between Santa Clara county border and I-380 (San Bruno) was fully funded by State grants as well as C/CAG funds. Consistent with the implementation approach used to deliver the completed segment described above,the Smart Corridor northwards extension project from I-380 through the City of South San Francisco is a joint effort between C/CAG,City of South San Francisco,and Caltrans.The project will include the alternate routes located in South San Francisco and include the following arterial streets:Airport Boulevard,South Airport Boulevard,Oyster Point Road,Gateway Boulevard and Grand Avenue.The South San Francisco Expansion will encompass the design of the ITS infrastructure that will support the overall Smart Corridors program. Project Development for South San Francisco Expansion C/CAG was the lead agency for the project development phases which included development of the ProjectCity of South San Francisco Printed on 1/27/2020Page 1 of 3 powered by Legistar™ File #:19-961 Agenda Date:12/11/2019 Version:1 Item #:6. C/CAG was the lead agency for the project development phases which included development of the Project Study Report (PSR)and Project Approval and Environmental Document (PA&ED)phases.The PSR for the Smart Corridor Expansion -South San Francisco Segment was completed on March 15,2017 and the Project PA&ED was completed on May 8,2019,with a Categorical Exemption/Categorical Exclusion (CE/CE) determination.Attachment 1 includes a conceptual map of proposed engineering features and Smart Corridor route locations that were identified in the preliminary design of the project. The City of South San Francisco is designated as the lead agency for the design phase of the project with funding to be provided by C/CAG.The design phase would include project management and coordination, preparation of detailed plans,specifications,and cost estimates (PS&E),bidding assistance and design support during construction.Staff recommends the City Council approve and authorize the City Manager to execute the C/CAG funding agreement, attached as Exhibit A to the accompanying resolution. Staff issued a Request for Proposals (RFP)for engineering design services to complete PS&E bid package for the Smart Corridors Expansion Project on September 23,2019 on the eBidboard website.RFP’s were also sent directly to five (5)consulting firms offering the Project’s professional services requirement.The City’s Standard Consulting Services Agreement was included in the RFP and the proposing consultants were requested to include in their proposals any desired amendment or exception requested by their legal review or insurance broker.Final bid proposals in response to the RFP were received on the due date of October 15,2019 from three firms: Kimley-Horn and Associates, Iteris, and TJKM. The consultant proposal review panel consisted of two (2)Senior Engineers and the City’s Deputy Public Works Director. Selection of consulting services is not based on the lowest bidder,but on the firm’s expertise,experience and references.Once the most qualified firm is determined,staff negotiates a fee proposal and any changes deemed necessary to obtain a reasonable cost for the scope of work. The proposal panel scoring summary and Kimley-Horn and Associates relevant project experience are included as Attachments 2 and 3.Based on the qualifications submitted,Kimley-Horn and Associates scored the highest and demonstrated the best design expertise to complete this project.Staff recommends that the City Council approve an agreement with Kimley-Horn and Associates to perform design services for the Smart Corridors Expansion Project based upon the firms’experience,qualified staffing,familiarity of South San Francisco,and positive references.Staff recommends the City enter into a services agreement with Kimley-Horn,attached as Exhibit B to the accompanying resolution. FISCAL IMPACT The estimated cost to design the project is budgeted for $360,000. No compensation beyond the not to exceed amount will be authorized without a mutually agreed upon level of effort and corresponding contract amendment approved by the City Council of South San Francisco.The estimated project budget includes: $280,000 - Consultants; $56,000 - Contingency; $24,000 City Staff Time. The project would be entirely funded by C/CAG using STIP and C/CAG Measures M funds.$240,000 will come from the State Transportation Improvement Program (STIP)and $160,000 from the C/CAG Measure M - ITS/Smart Corridor funds for a total of $360,000. City of South San Francisco Printed on 1/27/2020Page 2 of 3 powered by Legistar™ File #:19-961 Agenda Date:12/11/2019 Version:1 Item #:6. RELATIONSHIP TO STRATEGIC PLAN Awarding this contract will contribute to the City’s Strategic Plan outcome of improved Quality of Life by providing traffic relief in that case of an accident along Highway 101. CONCLUSION Staff recommends that City Council adopt resolution approving and authorizing the City Manager to execute a funding agreement with City/County Association of Governments of San Mateo County (C/CAG)to accept up to $360,000 for the Smart Corridor Expansion Project (Project No.tr2002)design phase;approving budget amendment 20.026 which would amend the Fiscal Year 2019/20 Capital Improvement Program to fund the Smart Corridors Expansion Project;and approving and authorizing the City Manager to execute a consulting services agreement with Kimley-Horn and Associates to perform design services for the Smart Corridors Expansion Project (Project No.tr2002)in an amount not to exceed $280,000 for a total design budget of $360,000. Attachments: 1.Proposed Engineering Features and Smart Corridor Route Locations 2.Proposal Rating Summary 3.Kimley-Horn Relevant Project Experience City of South San Francisco Printed on 1/27/2020Page 3 of 3 powered by Legistar™ Attachment #1 Proposed Engineering Features and Smart Corridor Route Locations Attachment #2 Proposal Rating Summary Smart Corridors Expansion Project Design Services Rate 1 Rate 2 Rate 3 Consultants Raw Score Rank Raw Score Rank Raw Score Rank Sum of Ranking Final Ranking Kimley-Horn 94 1 93 1 90 2 4 1 Iteris 93 2 89 2 91 1 5 2 TJKM 83 3 88 3 88 3 9 3 Proposal Review Panel SSF Deputy of Public Works SSF Senior Engineer SSF Senior Engineer PROPOSAL FOR Engineering Services City of South San Francisco Smart Corridor Expansion Project City of South San Francisco | TCIT85018.19 4 Relevant Project Experience City of South San Francisco, Adaptive Traffic Control System Project, South San Francisco, CA Kimley-Horn is working with the City of South San Francisco to implement an adaptive traffic control system (ATCS) to help relieve congested corridors that experience large fluctuations in traffic on up to 100 signalized intersections throughout the City. Our scope of work includes furnishing, configuring, and testing new traffic signal controllers and communications network work switches that will be turned over to the City for installation. The existing traffic signal controllers are being upgraded to Model 2070 controllers with D4 firmware. At the conclusion of the project, the City will have the ability to operate the Kadence Adaptive Traffic Signal System on signalized intersections in the City from a central location at the City Corporation Yard. Contracting agency: City of South San Francisco Contracting agency Project Manager: Jason Hallare (Associate Civil Engineer) Contracting agency contact information: 650.829.6667, jason.hallare@ssf.net Contract amount: $1,996,900 Funding source: Local Date of contract: September 2018 Date of completion: Ongoing Consultant Project Manager and contact information: Kwasi Akwabi, 510.350.0239, Kwasi.Akwabi@kimley-horn.com Project Objective: Implement Kadence adaptive traffic signal system on traffic signals in the City Project Outcome: Ongoing City of Menlo Park, Sand Hill Road Traffic Signal Fiber Optic Interconnect/Adaptive Coordination Project, Menlo Park, CA This project came about through a desire to provide more reliable travel time performance along Sand Hill Road, one of the City’s most vital transportation corridors. As a result, the decided to expand its existing KITS/Kadence system from the existing four signals along El Camino to the additional nine signals along Sand Hill Road. The scope of the project entailed upgrading existing field communications and deploying a new 1.5-mile-long fiber optic network. In addition, the project upgraded existing model 170 traffic signal controllers to Model 2070 controllers with D4 firmware, and integrated new central-to-field communications equipment. Contracting agency: City of Menlo Park Contracting agency Project Manager: Rene Baile Contracting agency contact information: 650.330.6775 Contract amount: $165,740 Funding source: Local Date of contract: December 2014 Date of completion: April 2018 Consultant Project Manager and contact information: Kwasi Akwabi, 510.350.0239, Kwasi.Akwabi@kimley-horn.com Project Objective: Install 96 strand fiber optic cable and conduit along 2.5 miles along Sand Hill Road between I-280 and Oak Avenue, connecting seven (7) traffic signals to the new fiber network. Replace seven existing traffic signal controllers with new 2070 controllers with D4 firmware. Replace existing video detection with video detection cameras at four intersections. Install new traffic monitoring CCTV cameras at two locations along the corridor. Implement Kadence adaptive traffic signal system on all seven signals along the corridor. Project Outcome: Completed installation of fiber optic communications network, and implementation of Kadence adaptive traffic signal operation on seven project intersections. Attachment #3 PROPOSAL FOR Engineering Services City of South San Francisco Smart Corridor Expansion Project City of South San Francisco | TCIT85018.19 5 City of Visalia, Professional Design Services for Traffic Management Center, Visalia, CA Kimley-Horn prepared the systems engineering documents and PS&E for the City’s new TMC. The TMC is located in the new Visalia Emergency Communications Center (VECC), and as part of this effort, Kimley-Horn worked with the City to provide design input to the VECC team. The Visalia TMC project was divided into three primary phases: Planning, Design, and Construction. During the Planning Phase, Kimley-Horn prepared the systems engineering (SE) documents as part of the planning effort for the City of Visalia’s first TMC. The SE documents consisted of the SEMP, Concept of Operations, and System Requirements. The stakeholders included Public Works, Community Development, Police, Fire, IT, Visalia Transit, Caltrans, and Tulare County. The planning and design of the TMC also included the integration and connections of the City’s overall fiber optic network as identified and planned in the City’s ITS Strategic Plan – a document also prepared by Kimley-Horn. The outcome of the planning effort was the consideration of integrating the different City systems to provide information across these different systems for city operations and public safety. The SE documentation was carried over into the detailed design documents for the TMC system elements, which included a video management system, video display wall, traffic management system, workstation consoles, and the peripheral network elements including provisions for connecting the different City networks. In the Design Phase of the project, Kimley-Horn conducted detailed evaluations of critical TMC components including the Video Management System and the Video Wall Displays. We also developed the detailed systems and electrical designs, communications equipment layout and connections (physical and logical), and system requirements and specifications. In addition, we coordinated closely with the other City departments including the first responders (Police and Fire) on the different provisions for integrating and sharing of the different systems between the departments. The TMC is now in the Construction Phase and will be fully operational in Winter 2019. Contracting agency: City of Visalia Contracting agency Project Manager: Eric Bons Contracting agency contact information: 559.713.4350, ebons@ci.visalia.ca.us Contract amount: $228,500 Funding source: Local Date of contract: June 2015 Date of completion: Ongoing Consultant Project Manager and contact information: Kevin Aguigui, 510.350.0217, Kevin.Aguigui@kimley-horn.com Project Objective: Develop a centralized TMC that will allow the City to implement a traffic management system to assist with efficient traffic flow throughout the City, as well as assisting the Police Department and the Fire Department during emergency situations. Project Outcome: A preferred alternative was selected by the Project Development Team through the PSR-PDS Coop. The selected alternative was then approved to be processed through encroachment permit as a PEER (Permit Engineering Evaluation Report) Project. PROPOSAL FOR Engineering Services City of South San Francisco Smart Corridor Expansion Project City of South San Francisco | TCIT85018.19 6 Alameda CTC, I-80 Integrated Corridor Mobility (ICM) Project PA&ED and PS&E, Alameda/Contra Costa Counties, CA Kimley-Horn was the lead designer and system manager for this $92M innovative project that involved the implementation of an integrated active traffic management system with managed lanes along a 20.5-mile stretch of I-80 and San Pablo Avenue, the Bay Area’s most congested freeway segment. The main elements of the project included upgrades and integration of ITS elements on I-80, San Pablo Avenue, and connecting local roadways. These ITS elements included traffic signal controllers, arterial dynamic message signs (ADMS), fixed CCTV cameras, microwave vehicle detection stations (MVDS), and trailblazer signs. Kimley-Horn led the preparation of the initial documents including a corridor systems management plan (CSMP), systems engineering (Concept of Operations), project report, and environmental document, and four construction packages that included 11 overhead freeway gantries with electronic signs, 44 on-ramps with adaptive ramp metering, 70 variable advisory speed signs, 35 arterial trailblazer signs, and procurement packages for system integration and electronic signs. As system manager, one of Kimley-Horn’s biggest challenges was managing the multitiered subconsultant teams. It was ultimately our responsibility to make sure the concept of operations, PS&E packages, and even system integrator deliverables were acceptable to the client and could be moved forward. Contracting agency: Alameda CTC Contracting agency Project Manager: Art Dao (Executive Director) Contracting agency contact information: 510.208.7400, adao@alamedactc.org Contract amount: $14,8000,000 Funding source: Traffic Light Synchronization Program and Corridor Mobility Improvement Account Date of contract: July 2007 Date of completion: July 2018 Consultant Project Manager and contact information: Randy Durrenberger, 510.350.0230, Randy. Durrenberger@kimley-horn.com Project Objective: Develop and deploy an integrated transportation management system on I-80 and parallel and connecting arterials to manage traffic congestion and provide traveler information during normal and incident times. Project Outcome: Successful deployment of integrated system; reduced travel times; reduced accident frequency; enhanced collaboration across jurisdictions; under budget. C/CAG, San Mateo County Smart Corridors Phase 4 Project Study Report, San Mateo County, CA In less than three months, Kimley-Horn successfully prepared, completed, and received Caltrans approval for the Project Study Report (PSR) for Phase 4 of the San Mateo County Smart Corridors project. Project limits for Phase 4 are US-101 from Oyster Point Boulevard in South San Francisco to the San Francisco County Line, and I-280 from I-380 to the San Francisco County Line. Overall, the San Mateo Smart Corridors Program provides stakeholders the ability to implement traffic management strategies through the use of intelligent transportation system elements along state arterial routes and major local streets. The project study report documented the project background, purpose, and need; preliminary traffic observations; deficiencies; corridor and system coordination; definition and discussion of alternatives; right-of-way observations; staffing and stakeholder involvement; cost estimate and funding strategy; delivery schedule; risks; and FHWA coordination. Contracting agency: City/County Association of Governments of San Mateo County Contracting agency Project Manager: John Hoang (Program Director) Contracting agency contact information: 650.363.4105, jhoang@smcgov.org Contract amount: $49,982 Funding source: San Mateo County – Local Funds Date of contract: August 2017 Date of completion: November 2017 Consultant Project Manager and contact information: Ryan Dole, 510.350.0231, Ryan.Dole@kimley-horn.com Project Objective: Complete project initiation document in order to secure STIP funding. Project Outcome: Through active collaboration with Caltrans and C/CAG, Kimley-Horn prepared the PSR and received approval in less than three months. PROPOSAL FOR Engineering Services City of South San Francisco Smart Corridor Expansion Project City of South San Francisco | TCIT85018.19 7 C/CAG, San Mateo County Smart Corridors Project - Incident Response Timing, San Mateo, CA Kimley-Horn worked with C/GAG in conjunction with Caltrans and local agencies in San Mateo County to develop and implement incident response signal timing for 250 signals on various “alternate” routes to U.S. 101. Through the Smart Corridors Program, deployment of the necessary ITS field devices, signal systems upgrades, and system integration was completed to allow Caltrans and the local agencies to strategically and proactively manage changes in traffic demand on the local roadways. The primary objective of this project was to develop incident response timing plans for local arterial coordination to be used during periods of freeway detours to the local arterials due to major incidents on the freeways. Our scope of services included collecting traffic data, developing incident response strategies and framework, preparing signal timing and simulation models, developing incident response timing, implementation of signal timing, and developing an operations manual for Caltrans to use during response plan deployment. Contracting agency: City/County Association of Governments of San Mateo County Contracting agency Project Manager: John Hoang (Program Director) Contracting agency contact information: 650.363.4105, jhoang@smcgov.org Contract amount: $488,700 Funding source: San Mateo County, Local Date of contract: February 2014 Date of completion: September 2018 Consultant Project Manager and contact information: Brian Sowers, 925.398.4862, Brian.Sowers@ kimley-horn.com Project Objective: Prepare and implement incident response timing for 250 traffic signals countywide. Project Outcome: Caltrans, C/CAG, and local agencies are better able to handle traffic on local roadways during large incidents on US-101. C/CAG, Smart Corridor Maintenance and Support, San Mateo County, CA Kimley-Horn is supporting C/CAG with user and system support for the 225 traffic signals with the KITS ATMS in San Mateo County. Kimley-Horn provides support on a time and materials basis based on user requests for support and assistance. All of the cities and Caltrans have access to user support through this contract for troubleshooting of software, hardware, communications equipment, and configuration. Contracting agency: C/CAG Contracting agency Project Manager: John Hoang, Program Director Contracting agency contact information: 650.363.4105, jhoang@smcgov.org Contract amount: $200,000 Funding source: San Mateo County, Local Date of contract: June 2016 Date of completion: Ongoing Date of completion: PA&ED Phase completed Consultant Project Manager and contact information: Seth Searle, 602.371.4505, seth.searle@kimley-horn.com Project Objective: Timely resolution of user issues and smooth operations of the software and system Project Outcome: Project is on-going. User feedback has been exemplary. PROPOSAL FOR Engineering Services City of South San Francisco Smart Corridor Expansion Project City of South San Francisco | TCIT85018.19 8 C/CAG, Smart Corridor ATMS, San Mateo County, CA Kimley-Horn is deploying and integrating over 225 traffic signals with the KITS ATMS in San Mateo County. This smart corridor traffic management system includes deployments of KITS in 10 of the 20 cities in San Mateo County in 2012-2013 including San Mateo, Belmont, Redwood City, Menlo Park, as well as Caltrans District 4. The KITS system includes the Kadence ATCS deployment in Menlo Park; future support for over 1,000 signals in San Mateo County; and over 1,500 signals managed by Caltrans District 4 throughout the Bay Area. The KITS incident detection and management module is used to identify traffic diversion from U.S. 101 onto local arterials and automatically engage incident response timing plans on the arterial streets. System fail-over and redundancy provisions are provided for multi-jurisdictional command and control. Contracting agency: City/County Association of Governments of San Mateo Contracting agency Project Manager: John Hoang Contracting agency contact information: 650.363.4105, jhoang@smcgov.org Contract amount: $1,500,000 Funding source: Local Date of contract: June 2012 Date of completion: June 2016 Consultant Project Manager and contact information: Doug Gettman, 602.906.1332, doug.gettman@kimley-horn.com Project Objective: Integration of 225 signals across 10 agencies in San Mateo County Project Outcome: Completed successfully in June 2016 AC Transit Line 97 Transit Performance Initiative (TPI) ATMS (KITS) and Kadence Adaptive TrafficControl System (ATCS), Hayward, Alameda County, & San Leandro, CA Kimley-Horn is working with AC Transit, along with Caltrans, Alameda County, the City of Hayward, and the City of San Leandro to deploy Kimley-Horn’s Kadence adaptive system at thirty-four (34) intersections along the Hesperian Boulevard corridor as part of the Line 97 project. The project is funded by MTC through the Transit Performance Initiative (TPI) and Next Generation Arterial Operations (Nexgen) programs. T The overall Line 97 project includes deploying transit signal priority (TSP) and other infrastructure and signal timing improvements 61 traffic signals along the entire route. The adaptive system will be deployed along a portion of the Line 97 route, to include the 34 traffic signals on Hesperian Boulevard between Thornally Drive in San Leandro and Pepsi Drive in Hayward. The corridor is primarily a six divided roadway and provides direct access to SR-238, I-880, and SR-92. Deployment of the Kadence adaptive system allows the signal timing to respond to volume fluctuations along the corridor and improve overall signal operations. In addition, the adaptive system shall provide transit priority along the corridor to enhance bus operations for the Line 97 route. Kimley-Horn is responsible for furnishing, installing, integrating, and testing all software and hardware for an operational adaptive system for the project intersections. The Kadence system will operate with 2070 controllers and D4 local firmware. Also, the project will provide training and project documentation for the system. Contracting agency: AC Transit Contracting agency Project Manager: Wil Buller, P.E Traffic/Transportation Engineer Contracting agency contact information: 510.891.4700, wbuller@actransit.org Contract amount: $830,000 Funding source: Local Date of contract: December 2016 Date of completion: April 2019 Consultant Project Manager and contact information: Brian Sowers, P.E., 925.398.4862, brian. sowers@kimley-horn.com Project Objective: Integrate 35 signals on Line 97 transit line for TSP and adaptive control Project Outcome: Successful operation of adaptive TSP on the transit line City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-962 Agenda Date:12/11/2019 Version:1 Item #:6a. Resolution approving and authorizing the City Manager to execute a funding agreement with City/County Association of Governments of San Mateo County (C/CAG)to accept up to $360,000 for the Smart Corridor Expansion Project (Project No.tr2002)design phase;approving budget amendment 20.026 which would amend the Fiscal Year 2019/20 Capital Improvement Program to fund the Smart Corridors Expansion Project; and approving and authorizing the City Manager to execute a consulting services agreement with Kimley-Horn and Associates to perform design services for the Smart Corridors Expansion Project (Project No.tr2002)in an amount not to exceed $280,000 for a total design budget of $360,000. WHEREAS,the C/CAG sponsored San Mateo County Smart Corridor project implements Intelligent Transportation System (ITS)equipment to provide local cities and Caltrans day-to-day traffic management capabilities in addressing recurrent traffic congestion as well as provide Caltrans capabilities for managing the system during non-recurring traffic congestion caused by diverted traffic due to major incidents on the freeway; and WHEREAS,South San Francisco’s Smart Corridors Expansion Project includes the northwards extension project from I-380 through the City of South San Francisco and is a joint effort between C/CAG,City of South San Francisco, and Caltrans; and WHEREAS,City of South San Francisco is designated as the lead agency for the design phase of the project with funding to be provided by C/CAG; and WHEREAS,the estimated project budget includes:$280,000 -Consultant;$56,000 -Contingency;$24,000 City Staff Time; and WHEREAS,the project would be entirely funded by C/CAG using STIP and C/CAG Measures M funds,where $240,000 will come from the State Transportation Improvement Program (STIP)and $160,000 from the C/CAG Measure M - ITS/Smart Corridor funds for a total of $360,000; and WHEREAS,staff recommends the City enter into a funding agreement,attached hereto as Exhibit A,with C/CAG to specify each party’s obligations for implementing and funding the project; and WHEREAS,staff issued a Request for Proposals (RFP)for engineering design services to complete PS&E bid package for the Smart Corridors Expansion Project on September 23,2019 on the eBidboard website.RFP’s were also sent directly to five (5) consulting firms offering the Project’s professional services requirements; and WHEREAS,final bid proposals in response to the RFP were received on the due date of October 15,2019 fromCity of South San Francisco Printed on 1/27/2020Page 1 of 2 powered by Legistar™ File #:19-962 Agenda Date:12/11/2019 Version:1 Item #:6a. WHEREAS,final bid proposals in response to the RFP were received on the due date of October 15,2019 from three firms: Kimley-Horn and Associates, Iteris, and TJKM; and WHEREAS,Staff recommends that the City Council approve an agreement with Kimley-Horn and Associates, attached hereto as Exhibit B,to perform design services for the Smart Corridors Expansion Project based upon the firms’ experience, qualified staffing, familiarity of South San Francisco, and positive references. NOW THEREFORE BE IT RESOLVED,that the City Council of South San Francisco hereby takes the following actions: 1.Approves a funding agreement with City/County Association of Governments of San Mateo County (C/CAG),attached hereto as Exhibit A,to accept up to $360,000 for the design phase of the Smart Corridors Expansion Project. 2.Authorizes the City Manager to execute the funding agreement and to make any revisions,amendments, or modifications,deemed necessary to carry out the intent of this resolution which do not materially alter or increase the City’s obligations thereunder, subject to approval as to form by the City Attorney. 3.Approves Budget Amendment 20.026 which would amend the Fiscal Year 2019/20 Capital Improvement Program to fund the Smart Corridors Expansion Project (Project No.tr2002)and authorizes the City Engineer to approve the plans and specifications for said project prior to advertising the project for public bids. 4.Authorizes the Finance Department to establish the Project Budget consistent with the information contains in the staff report. 5.Approves a consulting services agreement for design services for the Smart Corridors Expansion Project (Project No.tr2002),attached hereto as Exhibit B,in an amount not to exceed $280,000 and authorizing a total design budget of $360,000 conditioned on Kimley-Horn and Associates’timely execution of the consultant services agreement and submission of all required documents,including but not limited to, certificates of insurance and endorsements in accordance with the Project documents. 6.Authorizes the City Manager to execute the consulting services agreement in substantially the same form as Exhibit B,and any other related documents on behalf of the City upon timely execution by Kimley-Horn and Associates’signed contract and all other documents,subject to approval by the City Attorney 7.Authorizes the City Manager to take any other related actions consistent with the intention of the Resolution. ***** City of South San Francisco Printed on 1/27/2020Page 2 of 2 powered by Legistar™ 1 Attachment #5 FUNDING AGREEMENT BETWEEN CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY AND CITY OF SOUTH SAN FRANCISCO FOR DESIGN OF THE SMART CORRIDOR EXTENSION PROJECT THIS AGREEMENT, entered into this day of 2019, by and between the CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY, a Joint Powers Agency within the County of San Mateo, hereinafter called “C/CAG,” and the CITY OF SOUTH SAN FRANCISCO, a public agency, hereinafter called “CITY” (each a “Party” and collectively the “Parties”). WITNESSETH WHEREAS, the C/CAG sponsored San Mateo County Smart Corridor Project (Smart Corridor) is an Intelligent Transportation System (ITS) project that extends along El Camino Real and major local streets connecting to US-101 and enables cities and the California Department of Transportation (Caltrans) to proactively manage daily traffic and non-recurring traffic congestion caused by diverted traffic due to major incidents on the freeway; and WHEREAS, C/CAG, City of South San Francisco, and Caltrans desire to extend the Smart Corridor into the City of South San Francisco which includes the installation of fiber optic communication network as well as deployment of an interconnected traffic signal system, closed circuit video cameras, trailblazer/arterial dynamic message signs, and vehicle detection systems (South San Francisco Smart Corridor Extension Project); and WHEREAS, CITY is designated as the Lead Agency for the design and construction phases, including contract administration, and construction inspection for the South San Francisco Extension Project. WHEREAS, the cost to design the South San Francisco Smart Corridor Extension Project, hereinafter referred to as “PROJECT”, including consultant fees, City staff time, and contingency is $360,000; and WHEREAS, the C/CAG Board of Directors, by resolution on November 14, 2019, approved the provision of up to $240,000 in State Transportation Improvement Program (STIP) funds and $120,000 in Measure M Vehicle Registration Fee funds to CITY; and WHEREAS, C/CAG and the CITY desire to enter into a funding agreement to specify each party’s obligations for implementing and funding the Project. NOW, THEREFORE, IT IS HEREBY AGREED by the Parties hereto, as follows: 1. SCOPE OF SERVICES 2 The CITY shall serve as the lead agency for the PROJECT as described in Exhibit A. CITY shall follow the procedures established by Caltrans in administering the Architectural and Engineering (A&E) Consultant contract for work performed for this PROJECT as applicable to being reimbursed STIP funds. 2. TIME OF PERFORMANCE This Agreement is effective as of the date first written above and will terminate on December 30, 2020. Either Party may terminate the Agreement without cause by providing thirty (30) days’ advance written notice to the other. 3. FUNDING AND METHOD OF PAYMENT a) C/CAG agrees to reimburse the CITY up to $360,000 for the PROJECT on a reimbursement basis. If C/CAG terminates this Agreement pursuant to Section 2, C/CAG shall reimburse the CITY, per the cost-share arrangement agreed to herein, for costs incurred up to the date of termination. b) The CITY shall submit billings accompanied by the activity reports and paid invoices issued by the CITY’s contractor or the CITY’s progress payments as proof that PROJECT services were rendered and paid for by the CITY. Such invoices and accompanying documentation shall be delivered or mailed to C/CAG as follows: C/CAG 555 County Center, 5th Floor Redwood City, CA 94063 Attention: John Hoang c) Upon receipt and approval of the invoice and its accompanying documentation, C/CAG shall pay the amount claimed under each invoice, up to the maximum amount available pursuant to this Agreement, within thirty (30) days of C/CAG’s receipt and approval of the invoice. d) Subject to duly executed amendments, it is expressly understood and agreed that in no event will C/CAG’s total funding commitment under this Agreement exceed $360,000, unless revised in writing and approved by C/CAG and the CITY. 4. AMENDMENTS Any changes in the services to be performed under this Agreement shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in compensation and schedule. All amendments shall be executed by C/CAG and the CITY. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed amendment. 5. NOTICES 3 All notices or other communications to either Party by the other shall be deemed given when made in writing and delivered or mailed to such Party at their respective addresses as follows: To C/CAG: C/CAG 555 County Center, 5th Floor Redwood City, CA 94063 Attention: John Hoang To The CITY: City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 Attention: Eunejune Kim, Public Works Director 6. INDEPENDENT CONTRACTOR The Parties agree and understand that the work/services performed by either of the Parties or any consultant or contractor retained by either of the Parties under this Agreement are performed as independent contractors and not as employees or agents of the other Party. Nothing herein shall be deemed to create any joint venture or partnership arrangement between the CITY and C/CAG. 7. MUTUAL HOLD HARMLESS a. The CITY shall defend, save harmless, and indemnify C/CAG, and its directors, officers, agents, and employees, from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of the CITY, its directors, officers, agents, and/or employees. b. C/CAG shall defend, save harmless, and indemnify the CITY, and its directors, officers, agents, and employees, from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of C/CAG, its directors, officers, agents, and/or employees. c. In the event of concurrent negligence of the CITY, its directors, officers, agents, and/or employees, and C/CAG, its directors, officers, agents, and/or employees, then the liability for any and all claims for injuries or damage to persons and/or property which arise out of terms and conditions of this Agreement shall be apportioned according to the California theory of comparative negligence. d. This indemnification provision will survive termination or expiration of this Agreement. 4 8. GOVERNANCE This Funding Agreement will be governed by the laws of the State of California, and any suit or action initiated by any Party must be brought in the County of San Mateo, California. IN WITNESS WHEREOF, the Agreement has been executed by the Parties hereto as of the day and year first written above. CITY OF SOUTH SAN FRANCISCO CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY ______________________________ _________________________________ City Manager Maryanne Moise Derwin, C/CAG Chair Approved as to form: Approved as to form: _______________________________ _________________________________ Legal Counsel Legal Counsel for C/CAG 5 EXHIBIT A City of South San Francisco Smart Corridor Extension Project PROJECT DESCRIPTION The City of South San Francisco Smart Corridor Extension Project (Project) will expand the San Mateo County Smart Corridors concept north into the City of South San Francisco and includes the following arterial streets: Airport Boulevard, Oyster Point Road, Gateway Boulevard, and Grand Avenue (the Project). The Project will encompass the design of the Intelligent Transportation System (ITS) infrastructure that will support the overall San Mateo County Smart Corridors program. This Project continues the implementation efforts of the San Mateo County Smart Corridors effort, initiated by the City/County Association of Governments (C/CAG) and the San Mateo County Transportation Authority, as a means to develop an alternate routes plan for the San Mateo County US-101 corridor system. The Project focuses on predefining emergency alternate routes to be used in an event of a major traffic incident along Highway 101 that causes traffic to divert off the freeway and onto the local street network. The alternate routes provide diverting freeway traffic a clear path around major freeway incidents thereby minimizing the impact to residents and businesses of local jurisdictions caused by major traffic incidents. The overall Smart Corridor Project aims to provide local agencies remote access to ITS elements while providing the capability for the Caltrans District 4 Traffic Management Center (in Oakland) to manage the ITS elements and the roadway network during major incidents. SCOPE OF SERVICES The City of South San Francisco is responsible for the preparation of detailed Plan, Specifications and Estimates (PS&E) for construction and deployment of the Project, which includes bidding assistance and design support during construction. The San Mateo County Smart Corridors South San Francisco Expansion project includes the design of fiber optic cable in new conduit, wireless communications, traffic signal controller upgrades and replacement, Closed Circuit Television (CCTV) cameras, system detection, Arterial Dynamic Message Signs (ADMS), Arterial System Detection / Microwave Vehicle Detection System (MVDS) and Trailblazer Signs along the project corridors, which include: Airport Boulevard from San Bruno Avenue to north City limits, Oyster Point Boulevard from Gateway Boulevard to Airport Boulevard, Gateway Boulevard from Airport Boulevard to Oyster Point Boulevard, and Grand Avenue from Airport Boulevard to Canal Street via Spruce Avenue (which serves as a communications connection point to the City Public Works building). The corridors and preliminary field device locations are shown below. 5 The South San Francisco Expansion project will utilize previous Smart Corridor Projects as the basis for design, particularly the fiber assignments. It is estimated that a portion of work will be located on the state right of way and that the project will follow the Caltrans Permit Engineering Evaluation Report (PEER) delivery process. COST C/CAG will reimburse the City in an amount not to exceed $360,000, pursuant to the provisions of Section 3 of the Agreement. The estimated project budget includes: $280,000 – Consultants; $56,000 – Contingency; $24,000 City Staff Time. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 1 of 20 Attachment #4 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND Kimley-Horn and Associates, Inc. THIS AGREEMENT for consulting services (“Agreement”) is made by and between the City of South San Francisco (“City”) and Kimley-Horn and Associates, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of 11 December, 2019 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on 31st December 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this to conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $280,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 2 of 20 Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); The beginning and ending dates of the billing period; A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; The amount and purpose of actual expenditures for which reimbursement is sought; The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 3 of 20 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement are considered included in the various task listed in the Fee Proposal. Reimbursable expenses shall not exceed $280,000. Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded. 2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non- California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. . 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 4 of 20 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 5 of 20 the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 6 of 20 activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 7 of 20 expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificate of insurance and all required endorsements. The certificates of insurance shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds on Consultants’ General and Auto Liability policies with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies, except professional liability stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self- insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 8 of 20 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4, except Professional Liability insurance under Section 4.3 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 9 of 20 b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND Consultant’s RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF Consultant. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 10 of 20 but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 11 of 20 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.4.1 Subcontracting A. Nothing contained in this Agreement or otherwise, shall create any contractual relationship between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to the Consultant. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 12 of 20 B. Consultant shall perform the work contemplated with resources available within its organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City’s Contract Administrator, except that, which is expressly identified in the approved Scope of Work. C. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City. D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s) must be approved in writing by City’s Contract Administrator prior to the start of work by the subconsultant(s). 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 13 of 20 not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuses by City of the machine readable information and data provided by Consultant under the Agreement; further, Consultant is not liable for claims, liabilities, or losses, or losses arising out of, or connected with any use by City of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as may be authorized in writing by Consultant, additions to this project, or for the completion of this project by others, except only such use as may be authorized in writing by Consultant. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.3.1 Retention of Records/Audit For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the term of the Agreement and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain the provision. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 14 of 20 9.3.2 Audit Review Procedures. A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Finance Director. B. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City’s Finance Director of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals . All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorney’s fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 15 of 20 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 16 of 20 10.9 Contract Administration. This Agreement shall be administered by Bianca Liu, Senior Engineer, City of South San Francisco ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant: Kimley-Horn and Associates, Inc. 1300 Clay Street, Suite 325 Oakland, California. 94541 Attention: Kwasi Akwabi, Project Manager City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 17 of 20 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. 10.16 Cost Principles and Administrative Requirements. A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY. D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. 10.17 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the total compensation stated in this Agreement; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 10.18 Statement of Compliance. A. Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 18 of 20 B. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultants and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the State of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance of their assignees and successors in interest. D. The Consultant, with regard to the work, performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. 10.19 Debarment and Suspension Certification. A. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 19 of 20 have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. Consulting Services Agreement between [Rev: 10.19.2019] 11 December, 2019 City of South San Francisco and Kimley-Horn and Associates, Inc. Page 20 of 20 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT ____________________________ _____________________________________ City Manager Name: _______________________________ Title: ________________________________ Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 EXHIBIT A SCOPE OF SERVICES Task 1 – Project Management and Coordination Deliverables: · Project Schedule · Meeting Notes, Agendas, and Meeting Materials · Permit Applications · Funding Allocation/Authorization Materials · Quality Control/Quality Assurance Plan Task 2 – Preparation of Detailed PS&E for Construction and Deployment Deliverables: · Preliminary Device Placement Summary Memo · 65%, 95%, and Final Bid-Ready PS&E (6 hard copies and electronic) · Caltrans Encroachment Permit Application · Prepare Request for Funding Allocation documents · Draft and Final TMC Procurement Documents · Base mapping and utility information (incorporated into plans) · Comment Resolution Meeting and Summary Notes Task 3 – Bidding Assistance Deliverables: · Attend one (1) Pre-bid Meeting and Site Walk-through · Prepare Bid Addendum (one anticipated) · Prepare response to Bidder Questions · Bid Evaluation Support Task 4 – Design Support during Construction Deliverables: · Attendance at Pre-Construction Meeting · Prepare Responses to RFIs · Maintain log of RFIs · Prepare Construction Change Orders (budget for up to 3) · Conduct Field Support · Prepare Record Drawings Task 5 – System Integration and Development Deliverables: · Set up KITS on City EXHIBIT B COMPENSATION SCHEDULE Kimley-Horn and Associates, Inc. Exhibit B Optional Task Position Title Hourly Rate Project Management & Coordination Preparation for Construction & Deployment Bidding Assistance Design Support During Construction KITS Integration Support Principal In- charge $97.60 6 29 0 6 0 Project Manager $72.12 40 119 20 40 0 QC/QA $95.44 4 50 0 4 0 Sr. Professional II $84.74 0 38 0 8 4 Sr. Professional I $77.47 0 20 0 0 0 Professional II $66.72 0 64 30 24 0 Professional I $57.82 16 116 32 0 16 Analyst II $45.00 6 225 20 54 0 Analyst I $38.00 0 172 20 0 0 Sr. Project Support $46.52 18 0 0 0 0 Project Support $34.74 20 20 0 8 0 Total Hours 110 883 122 144 20 Total Cost $ 21,293.63 $ 163,898.43 $ 22,508.57 $ 28,607.36 $ 240,399.05 Other Direct costs $4,004.99 TOTAL COST $ 244,404.04 Optional Task Positon Title Fiber Conduct Design Principle In-charge 4 4 Project Manager 30 30 QC/QA 8 8 Sr. Professional II 0 0 Sr. Professional I 2 2 Professional II 4 4 Professional I 15 15 Analyst II 48 48 Analyst I 30 30 Sr. Project Support 0 0 Project Support 0 0 Total Hours 141 141 Total Cost $25,591.88 $25,591.88 TOTAL COST WITH OPTIONAL TASKS $269,995.92 EXHIBIT C INSURANCE CERTIFICATES EXHIBIT D FORM 590 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-71 Agenda Date:12/11/2019 Version:1 Item #:7. Kilroy Oyster Point Construction Project Quarterly Report Q3 2019 (July 2019 -October 2019)(Eunejune Kim, Public Works Director, Kilroy/Cummings Representatives) RECOMMENDATION Kilroy /Cummings will present to the Successor Agency to the Redevelopment Agency and City Council the Kilroy Oyster Point construction project Quarterly Report Q3 for 2019.Staff recommends the City Council receive the information. There is no action requested. BACKGROUND/DISCUSSION The Kilroy Oyster Point project has been under construction since late 2017 and is a joint project between the Successor Agency to the Redevelopment Agency and developer,Kilroy.This development was entitled in 2011 for 2.25 million square feet of new office/research;new hotel site;new park,bay trail,beach area and infrastructure to support the development.The current operations include landfill modifications and earthwork to prepare the site for development.The difficult and unique grading operations required to modify the existing landfill in accordance with environmental regulations are nearly complete within the project site.The new grading elevations are designed to accommodate long-term settlement,sea level rise,utility infrastructure and building development.The contractor has completed grading and wet utility installations at Developer Parcel 1D located on the southwest side of the project and Successor Agency land 1C,hotel site,and recreational parcels on the east side of the project.The developer is approximately 90%complete with pile driving operations for the proposed building on Parcel 1D. The contractor will continue installation of new backbone infrastructure,which includes joint trench utilities and roadway over the next year.City staff and the project team have obtained approval from Department of Drinking Water (DDW)for potable water conveyance.Calwater will own and operate the potable water infrastructure.Grading for the new recreational trail along the shoreline to accommodate sea level rise will occur next year. Kilroy,the developer,with their Program Manager,Cummings,is managing the construction project as outlined in the Agreement for Development Management Services Agreement (DMSA). Budget Payments and progress to date on construction commitment are for completion of the grading operations,refuse relocation,building demolition,temporary road,CCIP insurance coverage,and Title 27 grading.Soft cost payments to date include legal services,community outreach,professional services contracts,permitting,and agency and developer project cost and construction management.Payments to date on Phase IC for both hard and soft costs are $35.7M out of a total approved budget of $62.2M. City of South San Francisco Printed on 1/27/2020Page 1 of 2 powered by Legistar™ File #:19-71 Agenda Date:12/11/2019 Version:1 Item #:7. Change Order Status Owner’s Contingency of $1,023,893 remains unutilized.Construction contingency currently sits at $1,180,250 with ($2,055,001)having been approved for expenditure on the Generator Temporary Power Solution,Public Restroom Safety Measures and Temporary Road Public Safety Concerns and Road Widening resolutions. FISCAL IMPACT There is no fiscal impact. CONCLUSION Quarterly reports will be presented to the Successor Agency and City Council throughout construction,which is targeted for completion before the end of 2021. Attachments: 1.Q3 2019 - Quarterly Report 2.Project Quarterly Report Update Presentation City of South San Francisco Printed on 1/27/2020Page 2 of 2 powered by Legistar™ Project: Kilroy Oyster Point Date: December 2, 2019 Subject: Quarterly Report – 2019 Q3 Report No: 6 Costs in this report are reflective of the figures provided by the City to the Oversight Board on January 14, 2019 Page 1 of 3 1. Project Progress / Scope 1.1 Schedule Update • Current schedule indicates completion of key project milestones as follows: o New Oyster Point Blvd Completed – Q3 2020; o Decommission of Oyster Point Blvd and Switchover to New Road – Q4 2020; o Site Utilities and Parking Lot Completion – Q1 2021; o Landscaping and Overall Completion – Q4 2021 1.2 Completed Work • Clay Cap rework completed in the future Hotel Site (Bulletin 3) • Erosion protection layer placed in Phase 2D and Hub • Soil stockpile placed as surcharge in Recreation Area • Storm drain, sewer force main and Calwater line are completed in Phase 1 • Power switchover from generators to PG&E temporary power • Design Development stage complete for public and marina restrooms • Public concerns continue to be addressed, including: o Car wash plan for residents o Dust mitigation measures ▪ Hydroseeding of site to minimize dust in high wind 1.3 Current Work • Storm drain, sewer force main and water line installation in Phase 2 Gull Drive Intersection • Bio-swale • Curb and gutter • Pump station #1 contractor procurement • Construction documents design for public and marina restrooms • Bulletin 4 – Streets & Utilities drawing set updates • Temporary parking lot grading Project: Kilroy Oyster Point Date: December 2, 2019 Subject: Quarterly Report – 2019 Q3 Report No: 6 Costs in this report are reflective of the figures provided by the City to the Oversight Board on January 14, 2019 Page 2 of 3 1.4 Upcoming Work During the upcoming quarter, the project team will focus on the scope of work summarized in Table 1: Table 1: Upcoming Work Milestone Description Pump Station Construction is due to commence on the new pump station and the decommissioning of the old pump station. Permanent Pier Ramps and Stairs 100% Construction Documents are expected in December 2019. Dry Utilities PG&E “at-risk” preconstruction meeting took place on November 13th, 2019. Joint trench installation commenced on November 25th, 2019. New Oyster Point Blvd Curb and gutter construction continued. 2. Risk Items 2.1 Utility Coordination • Permanent Power Design o Radius LLC (Utility Engineer) and PG&E continue to coordinate final PG&E design. Teichert were approved for “at-risk” joint trench construction on November 20th. • DDW (Department of Drinking Water) Approval o Final approval from DDW is consistently an area of risk and concern. 2.2 Site Settlement • Site settlement continues to be an area of risk and concern. • Langan continues to monitor site settlement using data points from Teichert’s drone photographs. • Teichert, Langan, and Cumming consistently meet to discuss settlement mitigations and future expected maintenance areas of concern. Project: Kilroy Oyster Point Date: December 2, 2019 Subject: Quarterly Report – 2019 Q3 Report No: 6 Costs in this report are reflective of the figures provided by the City to the Oversight Board on January 14, 2019 Page 3 of 3 3. Project Cost Updates Current project completion is tracking at 54% overall on expenditure against the complete Teichert contract (Phase IC, ID & IID), while the project schedule has progressed to 52% completion. Completion is tracking well against overall contract disbursements, as the expenditure curve begins to plateau during utility and hard scape construction. Soft cost burn rates have slowed as design has been finalized and on-going project management continues. Hard costs have been fully committed with payments tracking well against forecasts. 4. Change Order Status Contingency comprised of Design & Construction Contingency and Owner’s Contingency is currently at $2,204,143 after $2,055,001 was utilized for unforeseen and approved changes to date. On-going change management continues with respect to the following identified issues on site: 1) Remaining excess refuse on site requiring relocation; 2) Cement treatment to stabilize saturated refuse in place to use as foundation layer; 3) Import of additional clay cap material and cover soil; The cost implications of these issues have been agreed with Teichert at this time with the cost allocation still outstanding. The Developer is currently funding this $19,095.376 in changes. In addition, anticipated change orders are currently holding at $2,722,826 while pending change orders are at $699,898. The project team, in conjunction with Kilroy and City staff oversight, continue to drive the project forward to meet the scope, schedule and cost objectives of the development. Next Quarterly Report to be issued for Q4 2019. 0 13000000 26000000 39000000 52000000 65000000 HARD COSTS - IC SOFT COSTS - IC TOTAL - PHASE IC Budget vs Committed vs Expended Expended Committed Budget 1Quarterly Report // Q3 2019Where Innovation Works 21. Project Progress / Scope1.1 Schedule Update1.2 Completed Work1.3 Current Work1.4 Upcoming Work2. Risk Items2.1 Utility Coordination (PG&E and DDW)2.2 Site Settlement3. Project Cost Update3.1 Project Cost Update3.2 Change Order UpdateTable of Contents 31Project Progress / Scope 41.1Key Milestone Dates • New Oyster Point Blvd – Stage 1 – Q3 2020;• Decommission of Oyster Point Blvd and Switchover to New Road –Q4 2020;• Site Utilities and Parking Lot Completion – Q1 2021;• Landscaping and Overall Completion – Q4 2021. ScheduleUpdate 51.2• Clay Cap rework completed in the future hotel area (Bulletin 3)• Erosion Protection Layer placed in Phase 2D and Hub• Soil stockpile surcharge on future recreation area• Storm drain, sewer force main, and water line installed in Phase 1• Power switchover from generators to PG&E temporary power• Design Development for public and marina restrooms• Public concerns continue to be addressed, including:• Car wash plan for residents• Dust mitigation measures • Hydroseeding of site to minimize dust in high wind * See Teichert construction phasing map on next slide*CompletedWork 6 7RECREATION AREA WET UTILITY INSTALLATION 8EROSION PROTECTION LAYER IN PHASE 2DWET UTILITY INSTALLATION 91.3• Storm drain, sewer force main and water line installations in Phase 2 Gull Drive Intersection• Bio- swale • Curb and gutter• Pump station #1 contractor procurement• Construction documents design for public and marina restrooms • Bulletin 4 – Streets and Utilities drawing set updates • Temporary parking lot gradingCurrentWork 101.4UpcomingEventsMilestone DescriptionPump StationConstruction is due to commence on the new pump station and the decommissioning of the old pump station. Permanent Pier Ramps and Stairs100% Construction Documents are expected in December 2019.Dry UtilitiesPG&E “at-risk” preconstruction meeting took place on November 13th, 2019. Joint trench installation commenced on November 25th, 2019. New Oyster Point BlvdCurb and gutter construction continued. 112Risk Items 122.1• Permanent Power Design I. Radius LLC (Utility Engineer) and PG&E continue to coordinate final PG&E design. Teichert is expected to be approved for at-risk joint trench construction in mid-November.• DDW (Department of Drinking Water) ApprovalI. Final approval from DDW (Department of Drinking Water) is consistently an area of risk and concernUtility Coordination 132.2• Site settlement continues to be an area of risk and concern.• Langan continues to monitor site settlement using data points from Teichert’s drone photographs. • Teichert, Langan, and Cumming consistently meet to discuss settlement mitigations and future expected maintenance areas of concern.Site Settlement 143Project Cost Update 153.1Project CostUpdate• Project progress is tracking at 52%, with contract expenditure slightly higher 52%.0 13000000 26000000 39000000 52000000 65000000HARD COSTS ‐ ICSOFT COSTS ‐ ICTOTAL ‐ PHASE ICBudget vs Committed vs ExpendedExpendedCommittedBudget 163.2ChangeOrderUpdate• Contingency shown above does not account for project changes under review, namely:Excess Refuse OffhaulCement TreatmentCover Soil Material ImportClay Cap Material Import• The cost implications of these issues have been agreed with Teichert to the value of $19,095,376 with the Developer currently 100% funding these changes. 173.2ChangeOrderUpdate(Continued)On-going change management continues with respect to the following identified items on site: 1) Remaining excess refuse on site requiring relocation; 2) Cement treatment to stabilize saturated refuse in place to use as foundation layer; 3) Import of additional clay cap material and cover soil;• The cost implications of these issues have been agreed with Teichert at this time with the cost allocation still outstanding. The Developer is currently funding this $19,095,376 in changes. In addition, anticipated change orders are currently holding at $2,722,826 while pending change orders are at $699,898. The project team, in conjunction with City staff oversight, continue to drive the project to meet the scope, schedule and cost objectives of the development. 18Where Innovation Works City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-920 Agenda Date:12/11/2019 Version:1 Item #:8. Discussion and consideration of San Mateo County City Selection Committee vacancies. (Richard Garbarino, Mayor) City of South San Francisco Printed on 1/27/2020Page 1 of 1 powered by Legistar™ Updated as of 10/28/19 Vacant Positions! Please submit your “Letters of Interests” no later than 5p.m. on Friday, December 6, 2019 to Sukhmani Purewal, Secretary of City Selection Committee and Asssitant Clerk of the Board of Supervisors via email or fax. Please email: spurewal@smcgov.org or fax: 650-363-1916. The next City Selection Committee meeting will on December 20, 2019 in Colma along with Council of Cities Dinner (more info. to come) Bay Area Air Quality Management District (BAAQMD) o 1 Regular Member Davina Hurt, Belmont (position expiring 12/31/19) New 2-year term will be from January 1, 2020 through December 31, 2021 All Cities eligible San Mateo County Transportation Authority (SMCTA) o 1 Regular Member representing Cities Northern Rico Medina, San Bruno (position expiring 12/31/19) New 2-year term will be from January 1, 2020 through December 31, 2021 Eligible Cities: Brisbane, Colma, Daly City, Pacifica, San Bruno, & South San Francisco San Mateo County Transportation Authority (SMCTA) o 1 Regular Member representing Cities-at-large Emily Beach, Burlingame (position expiring 12/31/19) New 2-year term will be from January 1, 2020 through December 31, 2021 All Cities eligible California Identification System (CAL-ID) o 1 Regular Member Glenn Sylvester, Daly City (position expiring 12/31/19) New 3-year term will be from January 1, 2020 through December 31, 2022 All Cities eligible Election of a Chairperson to the City Selection Committee for 2020 Election of a Vice Chairperson to the City Selection Committee for 2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-938 Agenda Date:12/11/2019 Version:1 Item #:9. C/CAG Committee Vacancies for Elected Officials.(Richard Garbarino, Mayor) City of South San Francisco Printed on 1/27/2020Page 1 of 1 powered by Legistar™ Atherton • Belmont • Brisbane • Burlingame • Colma • Daly City • East Palo Alto • Foster City • Half Moon Bay • Hillsborough • Menlo Park • Millbrae • Pacifica • Portola Valley • Redwood City • San Bruno • San Carlos • San Mateo • San Mateo County •South San Francisco • Woodside Date: November 13, 2019 To: All Councilpersons of San Mateo County Cities and Members of the Board of Supervisors CC: All City/County Managers of San Mateo County From: Maryann Moise Derwin, C/CAG Chair Subject: C/CAG Committee Vacancies for Elected Officials The City/County Association of Governments of San Mateo County (C/CAG) currently has vacancies on three of its standing Committees for elected officials of City Councils and/or the Board of Supervisors. The vacancies are: 1 Seat – Congestion Management & Environmental Quality (CMEQ) Committee 1 Seat – Legislative Committee 1 Seat – Bicycle and Pedestrian Advisory Committee (BPAC) Individuals wishing to be considered for appointment to any of these Committees should send a letter of interest to: Sandy Wong, C/CAG Executive Director City/County Association of Governments 555 County Center, 5th Floor Redwood City, CA 94063 or e-mail to slwong@smcgov.org Individuals must be an elected official on one of the twenty City Councils in San Mateo County or an elected official on the San Mateo County Board of Supervisors. Individuals may send a letter of interest for a specific committee or a letter expressing interest in serving on any of the committees where there are vacancies. Please see Attachment A for more information about each Committee. If you would like to be considered for any of these Committees, please submit your letter of interest by December 3, 2019. Appointments will be considered at the December 12, 2019 C/CAG Board meeting. If letters of interest are not received by December 3, 2019, the recruitment will remain open until filled. If you have any questions about the Committees or this appointment process, please feel free to contact any of the C/CAG Staff as follows: For CMEQ: For Legislative Committee: For BPAC: Jeff Lacap Jean Higaki Mikaela Hiatt 650-599-1455 650-599-1462 650-599-1453 jlacap@smcgov.org jhigaki@smcgov.org mhiatt@smcgov.org Sincerely, Maryann Moise Derwin Chair, C/CAG Board Attachment – Committee Descriptions ATTACHMENT A About the Committees: 1. The Congestion Management and Environmental Quality Committee (CMEQ) provides advice and recommendations to the full C/CAG Board on all matters relating to transportation planning, congestion management, travel demand management, coordination of land use and transportation planning, mobile source air quality programs, energy resources and conservation, and other environmental issues facing the local jurisdictions in San Mateo County. The role of the CMEQ Committee also includes making recommendations to the C/CAG Board on the allocation of funding for specific projects and activities addressing these programmatic areas. The Committee meets on the last Monday of each month from 3:00 p.m. to 5:00 p.m. in the San Mateo City Hall. There is one vacancy on this committee. 2. The Legislative Committee provides advice and recommendations to the full C/CAG Board on all matters dealing with State legislation, ballot measures, and positions to take on specific bills. During the active legislative year (January through August) the Committee monitors bills of potential interest to C/CAG member agencies and selects those to be tracked. The Committee then recommends positions on bills for consideration by the full C/CAG Board and acts as the liaison with C/CAG’s legislative advocating firm. The Legislative Committee meets on the second Thursday of the month from 5:30 p.m. to 6:30 p.m. at the San Mateo County Transit District in San Carlos. There is one vacancy on this committee. 3. The Bicycle and Pedestrian Advisory Committee (BPAC) provides advice and recommendations to the C/CAG Board on all matters related to bicycle and pedestrian facilities planning and the selection of projects of certain state and federal funding. Meetings are held on the fourth Thursday of the month at 7:00 p.m. in San Mateo City Hall. The BPAC has approximately six meetings per year. No more than two BPAC members can reside in the same jurisdiction. There are currently two members that reside in the City of South San Francisco, the City of Millbrae, and the Unincorporated County of San Mateo, and as a result, no new members from these three jurisdictions can be appointed. There is one vacancy on this committee. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-989 Agenda Date:12/11/2019 Version:2 Item #:10. Conference with Labor Negotiators: (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mike Futrell, City Manager; Sharon Ranals, Assistant City Manager Unrepresented employee: Director of Parks and Recreation City of South San Francisco Printed on 1/27/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-992 Agenda Date:12/11/2019 Version:1 Item #:11. Conference with Real Property Negotiators: (Pursuant to Government Code Section 54956.8) Properties: 616 and 700 Linden Avenue (APN: 012-174-300 and 012-145-370) City Negotiators: Nell Selander and Deanna Talavera Negotiating Parties: City of South San Francisco and SC Properties Under Negotiation: Review of Price and Terms City of South San Francisco Printed on 1/27/2020Page 1 of 1 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO SPEAKER CARD If you wish to speak under Public Comment or on any other Agenda Item please complete this cord and hand it to the City Clerk i prior to your item being heard by the City Council. City Councii: Meeting Date l� OSpecial City Council: Meeting Date Planning Commission: Meeting Date SPEAKERS ARE LIMITED 1-0 3 MINUTES PER PERSON (subject to modification by the Mayor) AGENDA ITEM: Please check the box of the agenda item(s) you wish to provide public comment. =\ Public Comment Comments regarding matters not listed on the agenda will be heard dur,ix1f lic Comment. In compliance with the Brown Act no discussion or action will be taken by the City Council.% Consent Calendar Item #. For matters <an the agenda, you will have an opportup to speak following the staff report and prior to the rote. QPublic Hearing Item #: Legislative Business Item #: Administrative Business Item #: NAME: ;please print) ORGANIZATION (If applicable): OPTIONAL: ADDRESS. EMAIL: CITY: �> DAYTIME PHONE: Public Darticivation is encouraged at all meetings. Thank you for your input and interest in the City of South San Francisco.