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HomeMy WebLinkAbout2020-10-14 e-packet@7:00Wednesday, October 14, 2020 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA TELECONFERENCE MEETING City Council Regular Meeting Agenda October 14, 2020City Council Regular Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-25-20 AND N-29-20 ALLOWING FOR DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL GOVERNMENTAL FUNCTION. The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Matsumoto, Nagales and Nicolas, Vice Mayor Addiego and Mayor Garbarino and essential City staff will participate via Teleconference. PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY TELECONFERENCE. MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY: Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council Local cable channel: Astound, Channel 26 or Comcast, Channel 27 Or via Zoom: Registration is required: https://ssf-net.zoom.us/webinar/register/WN_76WlhSN4RsGz6fuL9vinSQ After registering, you will receive a confirmation email containing information about joining the meeting. Please note that dialing in will only allow you to listen in on the meeting. To make a public comment during the Zoom meeting follow the instructions listed under Remote Public Comments. Page 2 City of South San Francisco Printed on 12/23/2020 October 14, 2020City 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. 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 A. GARBARINO, Mayor MARK ADDIEGO, Vice Mayor MARK NAGALES, Councilmember BUENAFLOR NICOLAS, Councilmember KARYL MATSUMOTO, Councilmember ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer MIKE FUTRELL, City Manager SKY WOODRUFF, City Attorney 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 3 City of South San Francisco Printed on 12/23/2020 October 14, 2020City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Presentation by San Mateo County Assistant Chief Elections, Jim Irizarry on voter registration, Vote by Mail, Ballot Box drop-off locations and polling place information for the General Municipal Election on November 3, 2020. (Rosa Govea Acosta, City Clerk) 1. Certificate of Recognition honoring Jim Fitzpatrick for his International Art Tour, Artist of the Decade honor (Karyl Matsumoto, Councilmember) 2. Presentation of a proclamation recognizing October as Filipino American History Month. (Richard Garbarino, Mayor) 3. Presentation of a proclamation recognizing October as Italian Heritage Month. (Richard Garbarino, Mayor) 4. Presentation of a proclamation recognizing National Epidermolysis Bullosa (EB) Awareness week as October 25-31, 2020. (Richard Garbarino, Mayor) 5. Certificate of Recognition to Sunshine Pharmacy and the Garibaldi Family for 50 years of service (Richard Garbarino, Mayor) 6. Proclamation declaring October 18-24, 2020, as “Freedom from Workplace Bullying Week”. (Richard Garbarino, Mayor) 7. Presentation of a proclamation recognizing October as Breast Cancer Awareness Month. (Richard Garbarino, Mayor) 8. REMOTE PUBLIC COMMENTS Remote Public Comments Received9. Page 4 City of South San Francisco Printed on 12/23/2020 October 14, 2020City Council Regular Meeting Agenda Members of the public may address the City Council regarding items that are on the agenda or on items that are not on the agenda. The Public Comments portion of the meeting is reserved for persons wishing to address the Council on any matter NOT on the agenda. Speakers are allowed to speak on any topic for up to three minutes during this section. If there appears to be a large number of speakers, speaking time may be reduced subject to the Mayor’s discretion to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Comments that are not in compliance with the City Council's rules of decorum may be summarized for the record if they are in writing or muted if they are made live. Members of the public wishing to participate are encouraged to submit public comments in writing in advance of the meeting to e-mail: all-cc@ssf.net by 4:00 p.m. on the meeting date. Emails received by the deadline will be forwarded to the City Council and read into the record by the City Clerk. Emails received after 4:00 p.m. will not be read during the meeting but will be entered into the record for the meeting. •If you are commenting on a particular item on the agenda, please identify the agenda item in the subject line of your email. •If you are commenting on an item not listed on the agenda, please identify your comment as a General Public Comment in the subject line of your email. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up. Oral Comments: Speakers are asked to register in advance via the Zoom platform, meeting information listed on the agenda. You will be asked to enter a name, an email address, and the Agenda item about which you wish to speak or to state that you wish to provide a comment about an item that is not on the agenda. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting. When the City Clerk announces the item on which you wish to speak, including general public comments, your name will be called and you will be unmuted. No more than three minutes will be allocated to read each email comment, and oral comments will also be limited to no more than three minutes. Approximately 300 words total can be read in three minutes. COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meetings of August 19, 2020 and August 26, 2020. 10. Page 5 City of South San Francisco Printed on 12/23/2020 October 14, 2020City Council Regular Meeting Agenda Report regarding a resolution amending the City’s Conflict of Interest Code to update the List of Designated Positions. (Rosa Govea Acosta, City Clerk) 11. Resolution amending the City’s Conflict of Interest Code to update the List of Designated Positions. 11a. Report regarding a resolution authorizing staff to include five sole-sourced life safety systems in the specifications for Phase II of the Community Civic Campus Project. (Jacob Gilchrist, Director of Capital Projects) 12. Resolution authorizing staff to include five sole sourced systems in the specifications for Phase II of the Community Civic Campus Project. 12a. Report regarding a resolution authorizing the acceptance of a $35,000 donation to the City of South San Francisco from the South San Francisco Chamber of Commerce and Genentech, and authorization to purchase hanging flower baskets and lease solar trash compactors and recycling containers to support downtown businesses negatively impacted by Covid-19. (Sharon Ranals, Assistant City Manager) 13. Resolution authorizing the acceptance of a $35,000 donation to the City of South San Francisco from the South San Francisco Chamber of Commerce and Genentech, and authorization to purchase hanging flower baskets and lease solar trash compactors and recycling containers to support downtown businesses negatively impacted by Covid-19. 13a. Report regarding a resolution authorizing the acceptance of $40,000 in grant funding from the Woodlawn Foundation to support Project Read’s Learning Wheels Family Literacy Program and amending the Library Department’s Fiscal Year 2020-2021 Operating Budget per Budget Amendment 21.016. (Valerie Sommer) 14. Resolution authorizing the acceptance of $40,000 in grant funding from the Woodlawn Foundation to support Project Read’s Learning Wheels Family Literacy program and amending the Library Department’s Fiscal Year 2020-2021 Operating Budget per Budget Amendment 20.016. 14a. Report regarding a resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to temporarily authorize the City Manager to waive Fire Department inspection fees for businesses significantly affected by the COVID-19 public health orders. (Jesus Magallanes, Fire Chief) 15. Resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to temporarily authorize the City Manager to waive Fire Department inspection fees for businesses significantly affected by the COVID-19 public health orders. 15a. Page 6 City of South San Francisco Printed on 12/23/2020 October 14, 2020City Council Regular Meeting Agenda Report regarding an Ordinance adopting a First Amended and Restated Development Agreement (DAA20-0002) between the City of South San Francisco and BMR Gateway of Pacific V LP for a Research and Development and Office Project at 475 Eccles Avenue. (Billy Gross, Senior Planner) 16. Ordinance adopting a First Amended and Restated Development Agreement (DAA20-0002) between the City of South San Francisco and BMR Gateway of Pacific V LP for a Research and Development and Office Project at 475 Eccles Avenue. 16a. Report regarding an Ordinance adopting a Second Amendment to the Second Amended and Restated Development Agreement (DAA20-0003) between the City of South San Francisco and between BMR Gateway of Pacific I LP, BMR Gateway of Pacific II LP, BMR Gateway of Pacific III LP, and BMR Gateway of Pacific IV LP for the Gateway Business Park Master Plan Project to make minor modifications. (Billy Gross, Senior Planner) 17. Ordinance adopting a Second Amendment to the Second Amended and Restated Development Agreement (DAA20-0003) between the City of South San Francisco and between BMR Gateway of Pacific I LP, BMR Gateway of Pacific II LP, BMR Gateway of Pacific III LP, and BMR Gateway of Pacific IV LP for the Gateway Business Park Master Plan Project to make minor modifications. 17a. Report regarding the adoption of ordinances related to various Development Impact Fees. (Janet Salisbury, Director of Finance) 18. Ordinance adopting a Citywide Transportation Impact Fee for the City of South San Francisco. 18a. Ordinance adopting a Library Impact Fee for the City of South San Francisco.18b. Ordinance adopting a Childcare Impact Fee for the City of South San Francisco.18c. Ordinance adopting a Public Safety Impact Fee for the City of South San Francisco.18d. Ordinance amending Chapter 20.300 of the South San Francisco Municipal Code to repeal and reserve Section 20.300.007(K), eliminating the option for some property owners seeking to intensify the use of their properties to make a contribution to the Cultural Arts Fund in lieu of meeting City landscaping requirements. 18e. Page 7 City of South San Francisco Printed on 12/23/2020 October 14, 2020City Council Regular Meeting Agenda Report regarding a resolution ratifying the City Manager’s proclamation amending the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to temporarily authorize the City Manager to expand the Outdoor Dining Pilot Program. (Christopher Espiritu, Senior Planner and Sailesh Mehra, Planning Manager) 19. Resolution ratifying the City Manager’s proclamation amending the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to temporarily authorize the City Manager to expand the Outdoor Dining Pilot Program. 19a. Report regarding a motion to accept the construction improvements of the Sunshine Gardens Safety and Connectivity Improvements Project (TR1701) as complete in accordance with plans and specifications (Total Construction Cost $1,016,536.46). (Angel Torres, Senior Civil Engineer) 20. PUBLIC HEARING Report recommending an ordinance and a resolution amending the parkland acquisition fee and the park construction fee. (Janet Salisbury, Director of Finance) 21. Ordinance amending Chapter 8.67 of the South San Francisco Municipal Code regarding the Parkland Acquisition Fee and the Park Construction Fee for South San Francisco. 21a. Resolution amending the Parkland Acquisition Fee and a Park Construction Fee for South San Francisco. 21b. ADMINISTRATIVE BUSINESS Report regarding a resolution awarding a construction contract to Western Water Construction Inc. of Santa Rosa, California, for the WQCP Secondary Clarifier No. 1 and No. 2 Rehabilitation Project (Project No. ss1703) in an amount not to exceed $3,526,000.00, authorizing a total construction budget of $4,583,800.00, and authorizing the City Manager to execute the agreement on behalf of the City (Brian Schumacker, Plant Superintendent, and Peter Vorametsanti, Engineering Division Consultant) 22. Resolution awarding a construction contract to Western Water Construction Inc. of Santa Rosa, California for the WQCP Secondary Clarifiers No. 1 and No. 2 Rehabilitation Project (Project No. ss1703) in an amount not to exceed $3,526,000.00, authorizing a total construction budget of $4,583,800.00, and authorizing the City Manager to execute the agreement on behalf of the City. 22a. Page 8 City of South San Francisco Printed on 12/23/2020 October 14, 2020City Council Regular Meeting Agenda Report regarding a resolution authorizing the City Manager to execute Program Supplemental Agreement No. F028 with the State of California for the Bridge Preventive Maintenance Program and a resolution authorizing the City Manager to execute a Consulting Services Agreement with Biggs Cardosa Associates, Inc. of San Jose, California for the Bridge Preventive Maintenance Program (Project No. st1703) in an amount not to exceed $200,000 and authorizing a total budget of $250,000. (Jeffrey Chou, Associate Engineer) 23. Resolution approving and authorizing the City Manager to execute a consulting services agreement to Biggs Cardosa Associates, Inc. of San Jose, California for the Bridge Preventive Maintenance Program (Project No. st1703) in an amount not to exceed $200,000 for a total budget of $250,000 23a. Resolution approving the program supplemental agreement No. F028 with the State of California for the Bridge Preventative Maintenance Program in the amount of $115,089.00 and authorizing the City Manager to execute said agreement. 23b. Report regarding a resolution authorizing the acceptance of a 10-foot tall metal giraffe sculpture donated to the City of South San Francisco by an anonymous donor. (Sharon Ranals, Assistant City Manager / Parks and Recreation Director) 24. Resolution authorizing the acceptance of a 10-foot tall metal giraffe sculpture donated to the City of South San Francisco by an anonymous donor. 24a. Report regarding a resolution making draft findings and declaring an intent to consider overruling the San Mateo City / County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) determination of inconsistency with respect to noise policies for the proposed residential development located at 410 Noor Avenue and to provide notice to the State Public Utilities Code to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics regarding such findings and intent to consider overruling (Adena Friedman, Senior Planner) 25. Page 9 City of South San Francisco Printed on 12/23/2020 October 14, 2020City Council Regular Meeting Agenda Resolution making draft findings that approval of a proposed residential development located at 410 Noor Avenue is consistent with Public Utilities Code Section 21670 and declaring an intent to consider overruling the San Mateo City / County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) determination of inconsistency with respect to noise policies for the proposed residential development located at 410 Noor Avenue and to provide notice in accordance with Sections 21676(b) and 21676.5(a) of the State Public Utilities Code to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics at least 45 days prior to the scheduled public hearing date for consideration of the proposed project and proposed overruling action by the City Council. 25a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT Page 10 City of South San Francisco Printed on 12/23/2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-711 Agenda Date:10/14/2020 Version:1 Item #:1. Presentation by San Mateo County Assistant Chief Elections, Jim Irizarry on voter registration, Vote by Mail, Ballot Box drop-off locations and polling place information for the General Municipal Election on November 3, 2020.(Rosa Govea Acosta, City Clerk) City of South San Francisco Printed on 10/8/2020Page 1 of 1 powered by Legistar™ 0 OFFICE OF MARK CHURCHCHIEF ELECTIONS OFFICER & ASSESSOR-COUNTY CLERK-RECORDER REGISTRATION & ELECTIONS DIVISION San Mateo County November 3, 2020 Presidential General Election Government Code Section 54957.5 SB 343 Agenda: October 14, 2020, Reg CC Item: 1 1 More Days, More Ways to Vote November 3, 2020 Presidential General Election Vote by Mail is Safe, Secure, and Convenient MORE DAYS, MORE WAYS TO VOTE! Vote by Mail •Ballots mailed starting October 2. •Return your ballot in the postage-paid envelope. •Ballots must be postmarked by Election Day and received by November 20, 2020. Ballot Drop-off Locations •39 locations throughout the County Vote Centers •In-person voting at any Vote Center in San Mateo County. •Three Vote Centers open in North, Central, and South County starting October 5. •A total of forty-five Vote Centers will be open Saturday, October 31 through Election Day. •All Vote Centers will be open Election Day, November 3, from 7 a.m. to 8 p.m. Remote Accessible Vote-by-Mail Ballot system •Mark and print your ballot from any computer. Go to www.smcvote.org for details. 2 November General Election Overview 60 Jurisdictions on Ballot 163 Seats Up for Election 435,747 Registered Voters Election Overview 245 Candidates 65 Contests/Offices 133 Ballot Styles399Total (English, Spanish, and Chinese) 11 Measures 12 State Propositions z 3 Curbside Ballot Drop-Off at all Vote Centers 45 Vote Centers VBM Election Infrastructure November General Election Infrastructure 39 Drop Box Locations 3 Ballot Pickup Service 3 Pop-up Vote Centers z RAVBM z 4 City of SSF -November General Election CITY OF SOUTH SAN FRANCISCO –DISTRICT 2 Number of Candidates: 2 Number of Seats: 1 CITY OF SOUTH SAN FRANCISCO –DISTRICT 2 Number of Candidates: 1 Number of Seats: 1 5 Vote Center Locations 30-Day -Main Library Location:840 West Orange Avenue South San Francisco, CA 94080 Dates Open Business Hours October 5 to November 2 9 a.m. to 5 p.m. October 31 to November 2 9 a.m. to 5 p.m. November 3 (Election Day)7 a.m. to 8 p.m. 4-Day –SSF Conference Center, Oyster Point Room Location: 255 S Airport Boulevard South San Francisco, CA 94080 4-Day -Joseph A. Fernekes Recreation Building Location: 781 Tennis Drive South San Francisco, CA 94080 6 Ballot Drop Box Locations South San Francisco, City Hall 24-hour Outside Box Location: 400 Grand Avenue South San Francisco, CA 94080 South San Francisco, Main Library Outside Box, available during Vote Center hours only Location: 840 West Orange Avenue South San Francisco, CA 94080 San Bruno, City Hall 24-hour Outside Box Location: 570 Linden Avenue San Bruno, CA 94066 7 November 2020 Election -New Features Remote Accessible Vote by Mail •Expanded to all voters in November •Voters can mark ballot on any home computer •Fully compatible with screen- readable technology Earlier Ballot Processing •Ballots may be processed on the 29th day before the election Where’s My Ballot? •Voters can track ballots and receive text and email alerts Extended Ballot Acceptance •Ballots may be accepted up to 17 days after the election •Ballots must be postmarked on or before Election Day 88 November 2020 Enhancements Mobile Vote Center 9 Voter Education & Outreach •Community Based Organizations (CBO) Targeted Outreach •Historically Low Turnout Populations •Youth, Language Minorities, and Voters with Disabilities Mass texting program using TextSurge (vendor) to outreach to eligible voters. Eligible Voters •Youth •Seniors •Language Minorities •Citizen advisory groups: o VAAC o LAAC o VEOAC •Postcard Mailings to Registered Voters •Multi-Cultural, Traditional and Social Media Advertising Silicon Valley Community Foundation Mass Texting ProgramVoter’s Choice Act 10 10 Vote Center COVID-19 Health & Safety Plexiglass shields to separate voters and staff at every Vote Center Voting equipment to be disinfected after each use Social distancing to be monitored and enforced at high traffic Vote Centers Social distancing markers to keep voters apart from one another Masks, gloves, and face shields provided to all Vote Center staff 11 Cyberspace Threats Malicious Actors Criminal Activities Dark Web SMC Elections Technology Infrastructure Technology Facilities Tower Road Vote Centers People VPN Firewall Encrypted Data Elections –Cybersecurity Defense Structure Information on November General Election: www.smcvote.org Assessor-County Clerk- Recorder & Elections: www.smcacre.org Contact us: 650.312.5222 registrar@smcacre.org City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-712 Agenda Date:10/14/2020 Version:1 Item #:2. Certificate of Recognition honoring Jim Fitzpatrick for his International Art Tour, Artist of the Decade honor (Karyl Matsumoto, Councilmember) City of South San Francisco Printed on 10/8/2020Page 1 of 1 powered by Legistar™ Government Code Section 54957.5SB 343Agenda: 10/14/2020Item # 2 Presentation City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-658 Agenda Date:10/14/2020 Version:1 Item #:3. Presentation of a proclamation recognizing October as Filipino American History Month.(Richard Garbarino, Mayor) City of South San Francisco Printed on 10/8/2020Page 1 of 1 powered by Legistar™ RECOGNITION OF OCTOBER AS NATIONAL FILIPINO AMERICAN HISTORY MONTH October 14, 2020 WHEREAS, the Filipino American National Historical Society established Filipino American History Month in 1988 and communities throughout the United States and its territories have celebrated this occasion every October; and WHEREAS, the earliest documented proof of Filipino presence in the continental United States was on October 18, 1587, when the first “Luzones Indios” set foot in Morro Bay, California; and WHEREAS, Filipino Americans make up one of the largest Asian American ethnic groups in the United States; and in California; initially concentrated in the Central Valley, and later shifted to Southern California and the San Francisco Bay Area; and WHEREAS, efforts should continue to promote the Filipino American history and culture, because the roles of Filipino Americans and other people of color have been overlooked in the writing, teaching and learning of United States history; and WHEREAS, it is necessary to instill in our youth the importance of education, history, and ethnicity in creating eminent role models, in establishing a proud cultural identity, and producing exceptional citizens of this nation; and WHEREAS, throughout history, Filipino leaders, laborers, scholars, scientists, and activists have been the backbone of the Filipino American community and have overcome racial and social discrimination, and have persevered to contribute to their respective fields; and WHEREAS, in 2009, the United States Congress recognized October as Filipino American History Month in the United States; and WHEREAS, the City of South San Francisco has recognized October as Filipino American History Month since 2012; and WHEREAS, the City of South San Francisco, in keeping with the “Diversity: It’s in the City’s DNA” initiative will continue to reinforce, spotlight, and strengthen the City’s position as a leader in diversity, tolerance, and inclusiveness. NOW, THEREFORE, BE IT RESOLVED that Mayor Richard Garbarino and the City Council of the City of South San Francisco does hereby proclaim October as Filipino American History Month. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-659 Agenda Date:10/14/2020 Version:1 Item #:4. Presentation of a proclamation recognizing October as Italian Heritage Month.(Richard Garbarino, Mayor) City of South San Francisco Printed on 10/8/2020Page 1 of 1 powered by Legistar™ RECOGNITION OF OCTOBER AS NATIONAL ITALIAN AMERICAN HERITAGE MONTH October 14, 2020 WHEREAS, Italian American Heritage Month is celebrated to honor the achievements and contributions of Italian immigrants and their descendants living in the United States; and WHEREAS, the purpose of Italian American Heritage Month is educational and celebratory. The goal is to inform the public about the contributions made by Italians and Italian- Americans to our civilization, especially in the arts, the humanities and the sciences, and to celebrate the impact that Italian culture and language have had and continue to have on our lives as Italian-Americans; and WHEREAS, nearly four million people left the familiar comfort and sweep of Italy to make a new life for themselves and their families, and saw the shores of the United States a symbol of hope and opportunity; and WHEREAS, upon arrival in the United States, the Italian American community faced racial, social, and religious discrimination, yet Italian Americans have persevered with hope and hard work to reach for the American dream and helped build our great country; and WHEREAS, currently there are over 26 million Americans of Italian descent residing in the United States making Italian Americans the fifth largest ethnic group in our nation; and WHEREAS, residents of Italian ancestry have been an important part of the fabric, character, culture, and economy of the City of South San Francisco; and WHEREAS, bound by enduring values of faith and family, Italian Americans have flourished in all areas of our public and economic life while preserving their proud Italian traditions; and WHEREAS, as proud service members, they have also defended the liberty and integrity of the United States since the Revolutionary War; and WHEREAS, Italian Americans operate thriving businesses, teach our children, serve at all levels of government, and succeed in a myriad of occupations. NOW, THEREFORE, BE IT RESOLVED that Mayor Richard Garbarino and the City Council of the City of South San Francisco calls upon all Americans to learn more about the history of Italian Americans and honor the long history and vast contributions of Italian Americans. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-660 Agenda Date:10/14/2020 Version:1 Item #:5. Presentation of a proclamation recognizing National Epidermolysis Bullosa (EB) Awareness week as October 25-31, 2020.(Richard Garbarino, Mayor) City of South San Francisco Printed on 10/8/2020Page 1 of 1 powered by Legistar™ RECOGNITION OF OCTOBER 25-31 AS NATIONAL EPIDERMOLYSIS BULLOSA AWARENESS WEEK October 14, 2020 WHEREAS, National Epidermolysis Bullosa Awareness Week takes place from October 25-October 31 in order to increase awareness of Epidermolysis Bullosa; and WHEREAS, Epidermolysis Bullosa is a rare genetic connective tissue disorder that affects an estimated one out of every twenty thousand births in the United States; and WHEREAS, there are four main types of Epidermolysis Bullosa, including: simplex, junctional, dystrophic, and kindler; and WHEREAS, there are many genetic and symptomatic variations of Epidermolysis Bullosa, but all share the prominent symptom of extremely fragile skin that blisters and tears from minor friction or trauma; and WHEREAS, some typical complications may include: infection, anemia, growth retardation, inability to swallow, corneal abrasions, cancer, contractures, depression, anxiety, malnutrition, and premature tooth decay; and WHEREAS, Epidermolysis Bullosa can occur in every racial and ethnic group, and affects both genders equally; and WHEREAS, individuals with Epidermolysis Bullosa often feel isolated because of the lack of knowledge in Nation about the disease and the impact that it has on the body; and WHEREAS, Epidermolysis Bullosa is so rare that many health care practitioners have never heard of it or seen a patient with it; and WHEREAS, there is no treatment or cure, but researchers are making tremendous strides in developing therapy. NOW, THEREFORE, BE IT RESOLVED that Mayor Richard Garbarino and the City Council of South San Francisco do hereby proclaim October 25-31 as National Epidermolysis Bullosa Awareness Week. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-728 Agenda Date:10/14/2020 Version:1 Item #:6. Certificate of Recognition to Sunshine Pharmacy and the Garibaldi Family for 50 years of service (Richard Garbarino, Mayor) City of South San Francisco Printed on 10/8/2020Page 1 of 1 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO Certificate of Recognition SUNSHINE PHARMACY Mayor Richard Garbarino and the City Council do hereby congratulate the Garibaldi Family for fifty years of love, compassion, and a great business model in South San Francisco. We wish you many more years of success. You are an inspiration to our community! Presented on this 14th of October 2020 by the City Council of South San Francisco. Richard Garbarino, Mayor Mark Addiego, Vice Mayor Karyl Matsumoto, Councilmember Buenaflor Nicolas, Councilmember Mark Nagales, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-730 Agenda Date:10/14/2020 Version:1 Item #:7. Proclamation declaring October 18-24, 2020, as “Freedom from Workplace Bullying Week”.(Richard Garbarino, Mayor) City of South San Francisco Printed on 10/8/2020Page 1 of 1 powered by Legistar™ IN RECOGNITION OF FREEDOM FROM WORKPLACE BULLIES WEEK OCTOBER 18-24, 2020 WHEREAS, the City of South San Francisco passed a resolution on February 22, 2017 affirming its commitment to diversity and inclusion ; and WHEREAS, the City of South San Francisco is committed to promoting the social and economic well -being of its citizens, employees and employers; and WHEREAS, the City of South San Francisco does not tolerate discrimination, hate crimes, harassment, or assault ; and WHEREAS, workplace bullying is defined as repeated, malicious, health-harming mistreatment that interferes with work performance; and WHEREAS, research has documented the stress-related health consequences for individuals caused by exposure to abusive work environments; and WHEREAS, workplace bullying can be achieved by but is not limited to aggressive e-mail tones, negative gossip from co-workers, someone yelling; and WHEREAS, protection from abusive work environments should apply to every worker, and not be limited to legally protected class status based only on race, color, gender, national origin, age, or disability. NOW, THEREFORE, BE IT RESOLVED that Mayor Richard Garbarino and the City Council of South San Francisco do hereby proclaim October 18 – 24, 2020 as "FREEDOM FROM WORKPLACE BULLIES WEEK” And commend the California Healthy Workplace Advocates and the Workplace Bullying Institute which raises awareness of the impacts of, and solutions for, workplace bullying in the U.S.; and encourage all citizens to recognize this special observance. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-751 Agenda Date:10/14/2020 Version:1 Item #:8. Presentation of a proclamation recognizing October as Breast Cancer Awareness Month.(Richard Garbarino, Mayor) City of South San Francisco Printed on 10/8/2020Page 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 #:20-774 Agenda Date:10/14/2020 Version:1 Item #:9. Remote Public Comments Received City of South San Francisco Printed on 10/8/2020Page 1 of 1 powered by Legistar™ From:TS To:All at City Clerk"s Office Subject:Request for public comment to be read at City Council Meeting Date:Friday, October 2, 2020 2:31:24 PM Attachments:to SSF council.pdf Problem Airbnb to SSF council.pdf Hello, Attached is our initial request and the one page letter which we would like to have you read to the SSF City Council at the meeting on October 14, 2020. Please let us know if our request is accepted. Please feel free to contact us if you have any questions or need any other information. Thank you, Steven & Antonina Strange October 2, 2020 To: Ryan, Rosa and The South San Francisco City Council, Ten families would like to express our opinions and concerns regarding the ongoing problems caused by the AirBnB hotel operating at . This business is operating day and night on our residential street without regulation and is a nightmare. As we all feel strongly about this matter we would prefer to attend the next Council Meeting in person, but as it is not possible due to Covid-19 please accept the enclosed one page statement to be read on our behalf at the Oct. 14th meeting. We would appreciate your response to our ongoing concerns. Thank you, Mr. and Mrs. Strange and Neighbors Contact: September 25, 2020 To the Members of the South San Francisco City Council, Many homeowners in South City are being negatively impacted by a lack of regulation for Airbnb short term vacation rentals in residential neighborhoods. The City of San Francisco enacted laws to remedy the undeniable problems of Airbnb’s by limiting short term rentals to primary residences only, lived in for at least 275 days per year by the owner in order to to qualify for maximum use of 90 days per year as a vacation rental. The city also imposes a Hotel tax and fees. We urge you to review that law and consider enacting a similar program. The current situation is unreasonable. A few years ago . was converted into a full time, year round Airbnb (basically a Hotel) which is currently offering to sleep 14 guests per night, in a modest size three bedroom house. This is a year round BUSINESS operating on a residential street. Why? This Airbnb has always been a big nuisance, but has gotten much worse since Covid-19. The out of town vacation traveler business has dried up and this house is now mostly rented by young California residents who want a place to have a big party. 20-50 party guests are not unusual for these events and incredibly they almost never wear masks. Keep in mind that even a hotel would refuse to rent three bedrooms to 14 guests. It’s excessive and unethical, especially at this time when we are fighting a deadly virus. Sean Court is a lovely small street consisting of attached single family homes, lived on by mostly retired people. Our track homes were built in the sixties, inexpensively, with very thin attached walls. Each time a neighbor walks heavily or runs up the stairs the adjoining neighbors house rattles and can hear everything. Consideration for our neighbors is essential. Drugs, alcohol, loud music and noise are common at the B&B house. Frequently the large parties expand into the garage, yard and onto the driveway. Cars are coming and going way past midnight, often waking us up to doors slamming at 2 or 3AM as drunk partiers make loud exits with no consideration for the neighbors. Beer cans, broken glass, cigarette butts and litter are left behind. Sometimes the house attracts a bad element of dangerous people. On Fathers Day, a party guest tried to start a fight with me. We used to feel safe here, but not now. This B&B is an ongoing public nuisance, disturbing the peace frequently. This is a nightmare and we need your help as our quality of life has been badly impacted by this frat party hotel. Despite dozens of requests to stop this inappropriate use of the house, the host/sales manager refuses. I have filed complaints with Airbnb company, listing more than 20 incidents from June, July and August (available at your request and documented by texts with the host. The host has requested we always contact him to shut down the loud parties, not call the police.) Airbnb claims to have recently outlawed party houses, but to date they have not enforced that stance on this property. The police try to help but the parties are often stubborn. Guests typically pay over $400 a night and some won’t give in easily, often restarting the party just minutes after the police drive away. Our 10 families urge you to create strict restrictions on Airbnb type vacation rentals, at least pertaining to all attached homes. Thank you, Steven and Antonina Strange, . Mr. & Mrs. Kalinina Amy Chiang . Nikolay Akhromtsev Robert Tai Mrs. Ho K Moon Mr. & Mrs. Vulfovich Mr. & Mrs. Homer Hudelson Debra & Vivivi Frenna Diane Wilson From:Lisa N To:All at City Clerk"s Office Subject:Public comment Date:Wednesday, October 7, 2020 2:11:45 PM To whom it may concern: Does South San Francisco have a plan to address and solve racial and social injustices? It’s sad to think it is 2020 and we are just now taking these issues seriously. -South San Francisco Community Member From:Maude Iggstrom To:All at City Clerk"s Office Subject:A general Public Question ........... Date:Wednesday, October 14, 2020 8:29:58 AM To whom it may concern, I would very much like to see the on ramp and off ramp on Westborough to 280 be cleaned up. It is a disgrace to see the mess and so is the south side of Westborough between Callan and Gellert. I know some of this is Caltrans duty and I am sure you have some better contact then I do to get this ball rolling. Looking forward to see a cleaner SSF. Best, Maude Iggstrom May you always have love to share, health to spare, and friends that care. Maude Government Code Section 54957.5 SB 343 Agenda: 10/14/2020 Item # 9 Remote Public Comment City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-773 Agenda Date:10/14/2020 Version:1 Item #:10. Motion to approve the Minutes for the meetings of August 19, 2020 and August 26, 2020. City of South San Francisco Printed on 10/17/2020Page 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 #:20-675 Agenda Date:10/14/2020 Version:1 Item #:11. Report regarding a resolution amending the City’s Conflict of Interest Code to update the List of Designated Positions.(Rosa Govea Acosta, City Clerk) RECOMMENDATION It is recommended that the City Council approve a resolution amending the City’s Conflict of Interest Code to update the List of Designated Positions. BACKGROUND At its September 23,2020 Regular Meeting,the City Council accepted,by Motion,the 2020 Biennial Notice (Notice)pursuant to the California Political Reform Act,as regulated by the Fair Political Practices Commission (FPPC)and issued by the City Clerk.The Notice specified that the City’s Conflict of Interest Code was in need of amendments.The amendments are required due to changes to the City’s organizational structure, elimination of positions and re-named positions,addition of positions and changes in duties and responsibilities.Accordingly,the City is obligated to revise the City’s Conflict of Interest Code 90 days from the filing of the Notice. Conflict of Interest Code Requirements and Recent History State law requires the City to adopt a Conflict of Interest Code (COI).The COI obligates a person holding a designated position in the City to file a Statement of Economic Interest Form 700 with the City Clerk;this is included as Attachment 1.The COI includes a list of designated positions and identifies disclosure categories, which are the portions of the Form 700 applicable to each position.To inform the City’s determination as to which positions to include,the FPPC requires inclusion of all agency positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest. In 1987,the City Council adopted its initial COI pursuant to Resolution 129-87.The COI was amended on several occasions.In 2009,the disclosure categories were updated by Resolution 22-2009 to reflect changes to the Form 700 schedules;this is included as Attachment 2.The most recent amendments to the COI was on October 24,2018 and accomplished by Resolution 181-2018,included as Attachment 3.The 2018 amendments reflected changed positions and did not revise disclosure categories for established positions. Current Recommended Amendments Due to recent changes in the organization,new positions have been created and others have been eliminated. Additionally,there have been changes to titles and responsibilities for certain positions.As a result,the recommended changes to the COI’s List of Designated Positions are set forth in Attachment 4,proposed revisions to the List of Designated Positions in the City’s Conflict of Interest Code. Since 2009,there have been no changes to the Form 700 schedule titles.Accordingly,no changes to the disclosure categories are recommended at this time. CONCLUSION City of South San Francisco Printed on 10/8/2020Page 1 of 2 powered by Legistar™ File #:20-675 Agenda Date:10/14/2020 Version:1 Item #:11. It is recommended that the City Council approve the proposed resolution amending the City’s Conflict of Interest Code to update the List of Designated Positions. Attachments: 1.Form 700 2.Disclosure Categories 3.Resolution No. 181-2018 4.Proposed revisions to List of Designated Positions City of South San Francisco Printed on 10/8/2020Page 2 of 2 powered by Legistar™ December 2019 2019-2020 Statement of Economic Interests Form 700 California Fair Political Practices Commission 1102 Q Street, Suite 3000 • Sacramento, CA 95811 Email Advice: advice@fppc.ca.gov Toll-free advice line: 1 (866) ASK-FPPC • 1 (866) 275-3772 Telephone: (916) 322-5660 • Website: www.fppc.ca.gov A Public Document Table of Contents Quick Start Guide .................................................... p.2 Who? Where? How? When? ....................................p.3 Types of Statements .................................................p.4 Cover Page and Schedules Cover Page ........................................................p.5 Schedule A-1 (Investments) ...............................p.7 Schedule A-2 (Business Entities/Trusts) ............p.9 Schedule B (Real Property) ...............................p.11 Schedule C (Income) .........................................p.13 Schedule D (Gifts) ..............................................p.15 Schedule E (Travel Payments) ...........................p.17 Restrictions and Prohibitions ....................................p.19 Q & A ........................................................................p.20 Helpful Resources •Video Tutorials •Reference Pamphlet •Excel Version •FAQs •Gift and Travel Fact Sheet for State and Local Officials Attachment 1 Quick Start Guide Detailed instructions begin on page 3. WHEN IS THE ANNUAL STATEMENT DUE? • March 2 – Elected State Officers, Judges and Court Commissioners, State Board and Commission members listed in Government Code Section 87200 • April 1 – Most other filers WHERE DO I FILE? Most people file the Form 700 with their agency. If you’re not sure where to file your Form 700, contact your filing officer or the person who asked you to complete it. ITEMS TO NOTE! • The Form 700 is a public document. • Only filers serving in active military duty may receive an extension on the filing deadline. • You must also report interests held by your spouse or registered domestic partner. • Your agency’s conflict of interest code will help you to complete the Form 700. You are encouraged to get your conflict of interest code from the person who asked you to complete the Form 700. NOTHING TO REPORT? Mark the “No reportable interests” box on Part 4 of the Cover Page, and submit only the signed Cover Page. Please review each schedule carefully! Schedule Common Reportable Interests Common Non-Reportable Interests A-1: Investments Stocks, including those held in an IRA or 401K. Each stock must be listed. Insurance policies, government bonds, diversified mutual funds, funds similar to diversified mutual funds. A-2: Business Entitites/Trusts Business entities, sole proprietorships, partnerships, LLCs, corporations and trusts. (e.g., Form 1099 filers). Savings and checking accounts, and annuities. B: Real Property Rental property in filer’s jurisdiction, or within two miles of the boundaries of the jurisdiction. A residence used exclusively as a personal residence (such as a home or vacation property). C: Income Non-governmental salaries. Note that filers are required to report only half of their spouse’s or partner’s salary. Governmental salary (from school district, for example). D: Gifts Gifts from businesses, vendors, or other contractors (meals, tickets, etc.). Gifts from family members. E: Travel Payments Travel payments from third parties (not your employer). Travel paid by your government agency. Note: Like reportable interests, non-reportable interests may also create conflicts of interest and could be grounds for disqualification from certain decisions. QUESTIONS? • advice@fppc.ca.gov • (866) 275-3772 Mon-Thurs, 9-11:30 a.m. E-FILING ISSUES? • If using your agency’s system, please contact technical support at your agency. • If using FPPC’s e-filing system, write to form700@fppc.ca.gov. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www. .ca.gov Page - 2 What’s New Gift Limit Increase The gift limit increased to $500 for calendar years 2019 and 2020. Who must file: • Elected and appointed officials and candidates listed in Government Code Section 87200 • Employees, appointed officials, and consultants filing pursuant to a conflict of interest code (“code filers”). Obtain your disclosure categories, which describe the interests you must report, from your agency; they are not part of the Form 700 • Candidates running for local elective offices that are designated in a conflict of interest code (e.g., county sheriffs, city clerks, school board trustees, and water board members) Exception: • Candidates for a county central committee are not required to file the Form 700. • Members of newly created boards and commissions not yet covered under a conflict of interest code • Employees in newly created positions of existing agencies For more information, see Reference Pamphlet, page 3, at www.fppc.ca.gov. Where to file: 87200 Filers State offices  Your agency Judicial offices  The clerk of your court Retired Judges  Directly with FPPC County offices  Your county filing official City offices  Your city clerk Multi-County offices  Your agency Code Filers — State and Local Officials, Employees, and Consultants Designated in a Conflict of Interest Code: File with your agency, board, or commission unless otherwise specified in your agency’s code (e.g., Legislative staff files directly with FPPC). In most cases, the agency, board, or commission will retain the statements. Members of Boards and Commissions of Newly Created Agencies: File with your newly created agency or with your agency’s code reviewing body. Employees in Newly Created Positions of Existing Agencies: File with your agency or with your agency’s code reviewing body. (See Reference Pamphlet, page 3.) Candidates: File with your local elections office. How to file: The Form 700 is available at www.fppc.ca.gov. Form 700 schedules are also available in Excel format. All statements must have an original “wet” signature or be duly authorized by your filing officer to file electronically under Government Code Section 87500.2. When to file: Annual Statements March 2, 2020 -Elected State Officers -Judges and Court Commissioners -State Board and State Commission Members listed in Government Code Section 87200 April 1, 2020 -Most other filers Individuals filing under conflict of interest codes in city and county jurisdictions should verify the annual filing date with their local filing officers. Statements postmarked by the filing deadline are considered filed on time. Statements of 30 pages or less may be emailed or faxed by the deadline as long as the originally signed paper version is sent by first class mail to the filing official within 24 hours. Assuming Office and Leaving Office Statements Most filers file within 30 days of assuming or leaving office or within 30 days of the effective date of a newly adopted or amended conflict of interest code. Exception: If you assumed office between October 1,2019, and December 31, 2019, and filed an assuming office statement, you are not required to file an annual statement until March 2, 2, 2021, or April 1, 2021, whichever is applicable. The annual statement will cover the day after you assumed office through December 31, 2020. (See Reference Pamphlet, page 6, for additional exceptions. Candidate Statements File no later than the final filing date for the declaration of candidacy or nomination documents. A candidate statement is not required if you filed an assuming office or annual statement for the same jurisdiction within 60 days before filing a declaration of candidacy or other nomination documents. Late Statements There is no provision for filing deadline extensions unless the filer is serving in active military duty. (See page 19 for information on penalties and fines.) Amendments Statements may be amended at any time. You are only required to amend the schedule that needs to be revised. It is not necessary to amend the entire filed form. Obtain amendment schedules at www.fppc.ca.gov. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 3 Types of Statements Assuming Office Statement: If you are a newly appointed official or are newly employed in a position designated, or that will be designated, in a state or local agency’s conflict of interest code, your assuming office date is the date you were sworn in or otherwise authorized to serve in the position. If you are a newly elected official, your assuming office date is the date you were sworn in. • Report: Investments, interests in real property, and business positions held on the date you assumed the office or position must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position. For positions subject to confirmation by the State Senate or the Commission on Judicial Appointments, your assuming office date is the date you were appointed or nominated to the position. • Example: Maria Lopez was nominated by the Governor to serve on a state agency board that is subject to state Senate confirmation. The assuming office date is the date Maria’s nomination is submitted to the Senate. Maria must report investments, interests in real property, and business positions she holds on that date, and income (including loans, gifts, and travel payments) received during the 12 months prior to that date. If your office or position has been added to a newly adopted or newly amended conflict of interest code, use the effective date of the code or amendment, whichever is applicable. • Report: Investments, interests in real property, and business positions held on the effective date of the code or amendment must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the effective date of the code or amendment. Annual Statement: Generally, the period covered is January 1, 2019, through December 31, 2019. If the period covered by the statement is different than January 1, 2019, through December 31, 2019, (for example, you assumed office between October 1, 2018, and December 31, 2018 or you are combining statements), you must specify the period covered. • Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. Do not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2019. • If your disclosure category changes during a reporting period, disclose under the old category until the effective date of the conflict of interest code amendment and disclose under the new disclosure category through the end of the reporting period. Leaving Office Statement: Generally, the period covered is January 1, 2019, through the date you stopped performing the duties of your position. If the period covered differs from January 1, 2019, through the date you stopped performing the duties of your position (for example, you assumed office between October 1, 2018, and December 31, 2018, or you are combining statements), the period covered must be specified. The reporting period can cover parts of two calendar years. • Report: Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement. Do not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2019. Candidate Statement: If you are filing a statement in connection with your candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date of filing your declaration of candidacy is reportable. Do not change the preprinted dates on Schedules A-1, A-2, and B. Candidates running for local elective offices (e.g., county sheriffs, city clerks, school board trustees, or water district board members) must file candidate statements, as required by the conflict of interest code for the elected position. The code may be obtained from the agency of the elected position. Amendments: If you discover errors or omissions on any statement, file an amendment as soon as possible. You are only required to amend the schedule that needs to be revised; it is not necessary to refile the entire form. Obtain amendment schedules from the FPPC website at www.fppc.ca.gov. Note: Once you file your statement, you may not withdraw it. All changes must be noted on amendment schedules. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 4 Schedule C - Income, Loans, & Business Positions – schedule attached Schedule D - Income – Gifts – schedule attached Schedule E - Income – Gifts – Travel Payments – schedule attached Leaving Office: Date Left // (Check one circle.) The period covered is January 1, 2019, through the date of leaving office. The period covered is //, through the date of leaving office. Annual: The period covered is January 1, 2019, through December 31, 2019. The period covered is //, through December 31, 2019. STATEMENT OF ECONOMIC INTERESTS COVER PAGE A PUBLIC DOCUMENT I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Signed (month, day, year) 3. Type of Statement (Check at least one box) State Judge, Retired Judge, Pro Tem Judge, or Court Commissioner (Statewide Jurisdiction) (Statewide Jurisdiction) Multi-County County of City of Other 2. Jurisdiction of Office (Check at least one box) Candidate: Date of Election and office sought, if different than Part 1: Assuming Office: Date assumed // Date Initial Filing Received Filing Official Use Only Please type or print in ink. 700 FAIR POLITICAL PRACTICES COMMISSION CALIFORNIA FORM Agency Name (Do not use acronyms) Division, Board, Department, District, if applicable Your Position 1. Office, Agency, or Court NAME OF FILER (LAST) (FIRST) (MIDDLE) MAILING ADDRESS STREET CITY STATE ZIP CODE ( ) DAYTIME TELEPHONE NUMBER EMAIL ADDRESS (Business or Agency Address Recommended - Public Document) Signature (File the originally signed paper statement with your filing official.) 5. Verification ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: Position: -or- -or- None - No reportable interests on any schedule 4. Schedule Summary (must complete) Schedules attached Schedule A-1 - Investments – schedule attached Schedule A-2 - Investments – schedule attached Schedule B - Real Property – schedule attached ► Total number of pages including this cover page: -or- FPPC Form 700 - Cover Page (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 5 • If your agency is a multi-county office, list each county in which your agency has jurisdiction. • If your agency is not a state office, court, county office, city office, or multi-county office (e.g., school districts, special districts and JPAs), check the “other” box and enter the county or city in which the agency has jurisdiction. Example: This filer is a member of a water district board with jurisdiction in portions of Yuba and Sutter Counties. Part 3. Type of Statement Check at least one box. The period covered by a statement is determined by the type of statement you are filing. If you are completing a 2019 annual statement, do not change the pre-printed dates to reflect 2020. Your annual statement is used for reporting the previous year’s economic interests. Economic interests for your annual filing covering January 1, 2020, through December 31, 2020, will be disclosed on your statement filed in 2021. See Reference Pamphlet, page 4. Combining Statements: Certain types of statements may be combined. For example, if you leave office after January 1, but before the deadline for filing your annual statement, you may combine your annual and leaving office statements. File by the earliest deadline. Consult your filing officer or the FPPC. Part 4. Schedule Summary • Complete the Schedule Summary after you have reviewed each schedule to determine if you have reportable interests. • Enter the total number of completed pages including the cover page and either check the box for each schedule you use to disclose interests; or if you have nothing to disclose on any schedule, check the “No reportable interests” box. Please do not attach any blank schedules. Part 5. Verification Complete the verification by signing the statement and entering the date signed. All statements must have an original “wet” signature or be duly authorized by your filing officer to file electronically under Government Code Section 87500.2. When you sign your statement, you are stating, under penalty of perjury, that it is true and correct. Only the filer has authority to sign the statement. An unsigned statement is not considered filed and you may be subject to late filing penalties. Instructions Cover Page Enter your name, mailing address, and daytime telephone number in the spaces provided. Because the Form 700 is a public document, you may list your business/office address instead of your home address. Part 1. Office, Agency, or Court • Enter the name of the office sought or held, or the agency or court. Consultants must enter the public agency name rather than their private firm’s name. (Examples: State Assembly; Board of Supervisors; Office of the Mayor; Department of Finance; Hope County Superior Court) • Indicate the name of your division, board, or district, if applicable. (Examples: Division of Waste Management; Board of Accountancy; District 45). Do not use acronyms. • Enter your position title. (Examples: Director; Chief Counsel; City Council Member; Staff Services Analyst) • If you hold multiple positions (i.e., a city council member who also is a member of a county board or commission), you may be required to file statements with each agency. To simplify your filing obligations, you may complete an expanded statement. • To do this, enter the name of the other agency(ies) with which you are required to file and your position title(s) in the space provided. Do not use acronyms. Attach an additional sheet if necessary. Complete one statement covering the disclosure requirements for all positions. Each copy must contain an original signature. Therefore, before signing the statement, make a copy for each agency. Sign each copy with an original signature and file with each agency. If you assume or leave a position after a filing deadline, you must complete a separate statement. For example, a city council member who assumes a position with a county special district after the April annual filing deadline must file a separate assuming office statement. In subsequent years, the city council member may expand his or her annual filing to include both positions. Example: Brian Bourne is a city council member for the City of Lincoln and a board member for the Camp Far West Irrigation District – a multi-county agency that covers Placer and Yuba counties. Brian will complete one Form 700 using full disclosure (as required for the city position) and covering interests in both Placer and Yuba counties (as required for the multi-county position) and list both positions on the Cover Page. Before signing the statement, Brian will make a copy and sign both statements. One statement will be filed with City of Lincoln and the other will be filed with Camp Far West Irrigation District. Both will contain an original signature. Part 2. Jurisdiction of Office • Check the box indicating the jurisdiction of your agency and, if applicable, identify the jurisdiction. Judges, judicial candidates, and court commissioners have statewide jurisdiction. All other filers should review the Reference Pamphlet, page 13, to determine their jurisdiction. State Judge or Court Commissioner (Statewide Jurisdiction) Multi-County County of City of Other 2. Jurisdiction of Office (Check at least one box) Agency Name (Do not use acronyms) Division, Board, Department, District, if applicable Your Position 1. Office, Agency, or Court ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: Position: Yuba & Sutter Counties Board MemberN/A N/A Feather River Irrigation District FPPC Form 700 - Cover Page (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 6 IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED 19 19 19 19 1919 191919 Name ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS Comments: SCHEDULE A-1 Investments Stocks, Bonds, and Other Interests (Ownership Interest is Less Than 10%) Investments must be itemized. 700 FAIR POLITICAL PRACTICES COMMISSION CALIFORNIA FORM FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 19 NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) 1919 FPPC Form 700 - Schedule A-1 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 7 Instructions – Schedules A-1 and A-2 Investments “Investment” means a financial interest in any business entity (including a consulting business or other independent contracting business) that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency’s jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more at any time during the reporting period. (See Reference Pamphlet, page 13.) Reportable investments include: • Stocks, bonds, warrants, and options, including those held in margin or brokerage accounts and managed investment funds (See Reference Pamphlet, page 13.) • Sole proprietorships • Your own business or your spouse’s or registered domestic partner’s business (See Reference Pamphlet, page 8, for the definition of “business entity.”) • Your spouse’s or registered domestic partner’s investments even if they are legally separate property • Partnerships (e.g., a law firm or family farm) • Investments in reportable business entities held in a retirement account (See Reference Pamphlet, page 15.) • If you, your spouse or registered domestic partner, and dependent children together had a 10% or greater ownership interest in a business entity or trust (including a living trust), you must disclose investments held by the business entity or trust. (See Reference Pamphlet, page 16, for more information on disclosing trusts.) • Business trusts You are not required to disclose: • Government bonds, diversified mutual funds, certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. (See Reference Pamphlet, page 13.) (Regulation 18237) • Bank accounts, savings accounts, money market accounts and certificates of deposits • Insurance policies • Annuities • Commodities • Shares in a credit union • Government bonds (including municipal bonds) • Retirement accounts invested in non-reportable interests (e.g., insurance policies, mutual funds, or government bonds) (See Reference Pamphlet, page 15.) • Government defined-benefit pension plans (such as CalPERS and CalSTRS plans) • Certain interests held in a blind trust (See Reference Pamphlet, page 16.) Use Schedule A-1 to report ownership of less than 10% (e.g., stock). Schedule C (Income) may also be required if the investment is not a stock or corporate bond. (See second example below.) Use Schedule A-2 to report ownership of 10% or greater (e.g., a sole proprietorship). To Complete Schedule A-1: Do not attach brokerage or financial statements. • Disclose the name of the business entity. • Provide a general description of the business activity of the entity (e.g., pharmaceuticals, computers, automobile manufacturing, or communications). • Check the box indicating the highest fair market value of your investment during the reporting period. If you are filing a candidate or an assuming office statement, indicate the fair market value on the filing date or the date you took office, respectively. (See page 20 for more information.) • Identify the nature of your investment (e.g., stocks, warrants, options, or bonds). • An acquired or disposed of date is only required if you initially acquired or entirely disposed of the investment interest during the reporting period. The date of a stock dividend reinvestment or partial disposal is not required. Generally, these dates will not apply if you are filing a candidate or an assuming office statement. Examples: Frank Byrd holds a state agency position. His conflict of interest code requires full disclosure of investments. Frank must disclose his stock holdings of $2,000 or more in any company that is located in or does business in California, as well as those stocks held by his spouse or registered domestic partner and dependent children. Alice Lance is a city council member. She has a 4% interest, worth $5,000, in a limited partnership located in the city. Alice must disclose the partnership on Schedule A-1 and income of $500 or more received from the partnership on Schedule C. Reminders • Do you know your agency’s jurisdiction? • Did you hold investments at any time during the period covered by this statement? • Code filers – your disclosure categories may only require disclosure of specific investments. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 8 NATURE OF INTEREST Property Ownership/Deed of Trust Stock Partnership Leasehold Other Check box if additional schedules reporting investments or real property are attached Yrs. remaining Other NATURE OF INVESTMENT Partnership Sole Proprietorship IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED 19 19 19 1919 19 SCHEDULE A-2 Investments, Income, and Assets of Business Entities/Trusts (Ownership Interest is 10% or Greater) Comments: Name Address (Business Address Acceptable) Name Address (Business Address Acceptable) FAIR MARKET VALUE $0 - $1,999 $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 FAIR MARKET VALUE $0 - $1,999 $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 GENERAL DESCRIPTION OF THIS BUSINESS GENERAL DESCRIPTION OF THIS BUSINESS INVESTMENT REAL PROPERTY Name of Business Entity, if Investment, or Assessor’s Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property INVESTMENT REAL PROPERTY Name of Business Entity, if Investment, or Assessor’s Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property ► 4. INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD OR LEASED BY THE BUSINESS ENTITY OR TRUST ► 4. INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD OR LEASED BY THE BUSINESS ENTITY OR TRUST Check one Trust, go to 2 Business Entity, complete the box, then go to 2 Check one Trust, go to 2 Business Entity, complete the box, then go to 2 ► 2. IDENTIFY THE GROSS INCOME RECEIVED (INCLUDE YOUR PRO RATA SHARE OF THE GROSS INCOME TO THE ENTITY/TRUST) ► 2. IDENTIFY THE GROSS INCOME RECEIVED (INCLUDE YOUR PRO RATA SHARE OF THE GROSS INCOME TO THE ENTITY/TRUST) Name 700 Check one box:Check one box: YOUR BUSINESS POSITION YOUR BUSINESS POSITION FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 $0 - $499 $500 - $1,000 $1,001 - $10,000 $0 - $499 $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 OVER $100,000 $10,001 - $100,000 OVER $100,000 FAIR POLITICAL PRACTICES COMMISSION CALIFORNIA FORM ► 1. BUSINESS ENTITY OR TRUST ► 1. BUSINESS ENTITY OR TRUST NATURE OF INTEREST Property Ownership/Deed of Trust Stock Partnership Leasehold Other Check box if additional schedules reporting investments or real property are attached Yrs. remaining 19 19 Other NATURE OF INVESTMENT Partnership Sole Proprietorship or ► 3. LIST THE NAME OF EACH REPORTABLE SINGLE SOURCE OF INCOME OF $10,000 OR MORE (Attach a separate sheet if necessary.) ► 3. LIST THE NAME OF EACH REPORTABLE SINGLE SOURCE OF INCOME OF $10,000 OR MORE (Attach a separate sheet if necessary.) FPPC Form 700 - Schedule A-2 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 9 None Names listed below None or Names listed below Instructions – Schedule A-2 Investments, Income, and Assets of Business Entities/Trusts Use Schedule A-2 to report investments in a business entity (including a consulting business or other independent contracting business) or trust (including a living trust) in which you, your spouse or registered domestic partner, and your dependent children, together or separately, had a 10% or greater interest, totaling $2,000 or more, during the reporting period and which is located in, doing business in, planning to do business in, or which has done business during the previous two years in your agency’s jurisdiction. (See Reference Pamphlet, page 13.) A trust located outside your agency’s jurisdiction is reportable if it holds assets that are located in or doing business in the jurisdiction. Do not report a trust that contains non-reportable interests. For example, a trust containing only your personal residence not used in whole or in part as a business, your savings account, and some municipal bonds, is not reportable. Also report on Schedule A-2 investments and real property held by that entity or trust if your pro rata share of the investment or real property interest was $2,000 or more during the reporting period. To Complete Schedule A-2: Part 1. Disclose the name and address of the business entity or trust. If you are reporting an interest in a business entity, check “Business Entity” and complete the box as follows: • Provide a general description of the business activity of the entity. • Check the box indicating the highest fair market value of your investment during the reporting period. • If you initially acquired or entirely disposed of this interest during the reporting period, enter the date acquired or disposed. • Identify the nature of your investment. • Disclose the job title or business position you held with the entity, if any (i.e., if you were a director, officer, partner, trustee, employee, or held any position of management). A business position held by your spouse is not reportable. Part 2. Check the box indicating your pro rata share of the gross income received by the business entity or trust. This amount includes your pro rata share of the gross income from the business entity or trust, as well as your community property interest in your spouse’s or registered domestic partner’s share. Gross income is the total amount of income before deducting expenses, losses, or taxes. Part 3. Disclose the name of each source of income that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency’s jurisdiction, as follows: • Disclose each source of income and outstanding loan to the business entity or trust identified in Part 1 if your pro rata share of the gross income (including your community property interest in your spouse’s or registered domestic partner’s share) to the business entity or trust from that source was $10,000 or more during the reporting period. (See Reference Pamphlet, page 11, for examples.) Income from governmental sources may be reportable if not considered salary. See Regulation 18232. Loans from commercial lending institutions made in the lender’s regular course of business on terms available to members of the public without regard to your official status are not reportable. • Disclose each individual or entity that was a source of commission income of $10,000 or more during the reporting period through the business entity identified in Part 1. (See Reference Pamphlet, page 8.) You may be required to disclose sources of income located outside your jurisdiction. For example, you may have a client who resides outside your jurisdiction who does business on a regular basis with you. Such a client, if a reportable source of $10,000 or more, must be disclosed. Mark “None” if you do not have any reportable $10,000 sources of income to disclose. Phrases such as “various clients” or “not disclosing sources pursuant to attorney-client privilege” are not adequate disclosure. (See Reference Pamphlet, page 14, for information on procedures to request an exemption from disclosing privileged information.) Part 4. Report any investments or interests in real property held or leased by the entity or trust identified in Part 1 if your pro rata share of the interest held was $2,000 or more during the reporting period. Attach additional schedules or use FPPC’s Form 700 Excel spreadsheet if needed. • Check the applicable box identifying the interest held as real property or an investment. • If investment, provide the name and description of the business entity. • If real property, report the precise location (e.g., an assessor’s parcel number or address). • Check the box indicating the highest fair market value of your interest in the real property or investment during the reporting period. (Report the fair market value of the portion of your residence claimed as a tax deduction if you are utilizing your residence for business purposes.) • Identify the nature of your interest. • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property or investment during the reporting period. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 10 NAME OF LENDER* ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED IF APPLICABLE, LIST DATE: // // ACQUIRED DISPOSED 19 1919 19 SCHEDULE B Interests in Real Property (Including Rental Income) ► ASSESSOR’S PARCEL NUMBER OR STREET ADDRESS ► ASSESSOR’S PARCEL NUMBER OR STREET ADDRESS CITY CITY INTEREST RATE TERM (Months/Years) % None SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. NATURE OF INTEREST Ownership/Deed of Trust Easement Leasehold Yrs. remaining Other NATURE OF INTEREST Ownership/Deed of Trust Easement Leasehold Yrs. remaining Other Comments: FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 IF RENTAL PROPERTY, GROSS INCOME RECEIVED OVER $100,000 $500 - $1,000 $0 - $499 $1,001 - $10,000 $10,001 - $100,000 IF RENTAL PROPERTY, GROSS INCOME RECEIVED OVER $100,000 $500 - $1,000 $0 - $499 $1,001 - $10,000 $10,001 - $100,000 HIGHEST BALANCE DURING REPORTING PERIOD Guarantor, if applicable OVER $100,000 $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 700 FAIR POLITICAL PRACTICES COMMISSION CALIFORNIA FORM NAME OF LENDER* ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (Months/Years) % None Guarantor, if applicable HIGHEST BALANCE DURING REPORTING PERIOD OVER $100,000 $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 * You are not required to report loans from a commercial lending institution made in the lender’s regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender’s regular course of business must be disclosed as follows: None None FPPC Form 700 - Schedule B (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 11 Name disclose the number of years remaining on the lease. • If you received rental income, check the box indicating the gross amount you received. • If you had a 10% or greater interest in real property and received rental income, list the name of the source(s) if your pro rata share of the gross income from any single tenant was $10,000 or more during the reporting period. If you received a total of $10,000 or more from two or more tenants acting in concert (in most cases, this will apply to married couples), disclose the name of each tenant. Otherwise, mark “None.” • Loans from a private lender that total $500 or more and are secured by real property may be reportable. Loans from commercial lending institutions made in the lender’s regular course of business on terms available to members of the public without regard to your official status are not reportable. When reporting a loan: -Provide the name and address of the lender. -Describe the lender’s business activity. -Disclose the interest rate and term of the loan. For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period. The term of a loan is the total number of months or years given for repayment of the loan at the time the loan was established. -Check the box indicating the highest balance of the loan during the reporting period. -Identify a guarantor, if applicable. If you have more than one reportable loan on a single piece of real property, report the additional loan(s) on Schedule C. Example: Allison Gande is a city planning commissioner. During the reporting period, she received rental income of $12,000, from a single tenant who rented property she owned in the city’s jurisdiction. If Allison received $6,000 each from two tenants, the tenants’ names would not be required because no single tenant paid her $10,000 or more. A married couple is considered a single tenant. Instructions – Schedule B Interests in Real Property Reminders • Income and loans already reported on Schedule B are not also required to be reported on Schedule C. • Real property already reported on Schedule A-2, Part 4 is not also required to be reported on Schedule B. • Code filers – do your disclosure categories require disclosure of real property? Report interests in real property located in your agency’s jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more any time during the reporting period. Real property is also considered to be “within the jurisdiction” of a local government agency if the property or any part of it is located within two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. (See Reference Pamphlet, page 13.) Interests in real property include: • An ownership interest (including a beneficial ownership interest) • A deed of trust, easement, or option to acquire property • A leasehold interest (See Reference Pamphlet, page 14.) • A mining lease • An interest in real property held in a retirement account (See Reference Pamphlet, page 15.) • An interest in real property held by a business entity or trust in which you, your spouse or registered domestic partner, and your dependent children together had a 10% or greater ownership interest (Report on Schedule A-2.) • Your spouse’s or registered domestic partner’s interests in real property that are legally held separately by him or her You are not required to report: • A residence, such as a home or vacation cabin, used exclusively as a personal residence (However, a residence in which you rent out a room or for which you claim a business deduction may be reportable. If reportable, report the fair market value of the portion claimed as a tax deduction.) • Some interests in real property held through a blind trust (See Reference Pamphlet, page 16.) • Please note: A non-reportable property can still be grounds for a conflict of interest and may be disqualifying. To Complete Schedule B: • Report the precise location (e.g., an assessor’s parcel number or address) of the real property. • Check the box indicating the fair market value of your interest in the property (regardless of what you owe on the property). • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property during the reporting period. • Identify the nature of your interest. If it is a leasehold, FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 12 name of lender* address (Business Address Acceptable) business activity, if any, of lender if applicable, list date: // // acquired disposed if applicable, list date: // // acquired disposed 18 1818 18 Schedule B Interests in Real Property (including rental income) name ► ASSESSOR’S PARCEL NUMBER OR street address ► ASSESSOR’S PARCEL NUMBER OR street address city city interest rate term (months/years) % none sources of rental income: if you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. sources of rental income: if you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. nature of interest ownership/deed of trust easement leasehold yrs. remaining other nature of interest ownership/deed of trust easement leasehold yrs. remaining other comments: fair market value $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 over $1,000,000 fair market value $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 over $1,000,000 if rental property, gross income received over $100,000 $500 - $1,000 $0 - $499 $1,001 - $10,000 $10,001 - $100,000 if rental property, gross income received over $100,000 $500 - $1,000 $0 - $499 $1,001 - $10,000 $10,001 - $100,000 highest balance during reporting period guarantor, if applicable over $100,000 $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 FPPC Form 700 (2017/2018) Sch. B FPPC Advice Email: advice@fppc.ca.gov FPPC Toll-Free Helpline: 866/275-3772 www.fppc.ca.gov 700 FaIR PolItIcal PRactIceS commISSIon calIFoRnIa FoRm name of lender* address (Business Address Acceptable) business activity, if any, of lender interest rate term (months/years) % none guarantor, if applicable highest balance during reporting period over $100,000 $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 * You are not required to report loans from commercial lending institutions made in the lender’s regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender’s regular course of business must be disclosed as follows: none none 4600 24th Street Sacramento Henry Wells Sophia Petroillo 2121 Blue Sky Parkway,Sacramento Restaurant Owner 8 15 Years name of lender* address (Business Address Acceptable) business activity, if any, of lender if applicable, list date: // // acquired disposed if applicable, list date: // // acquired disposed 18 1818 18 Schedule B Interests in Real Property (including rental income) name ► ASSESSOR’S PARCEL NUMBER OR street address ► ASSESSOR’S PARCEL NUMBER OR street address city city interest rate term (months/years) % none sources of rental income: if you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. sources of rental income: if you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. nature of interest ownership/deed of trust easement leasehold yrs. remaining other nature of interest ownership/deed of trust easement leasehold yrs. remaining other comments: fair market value $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 over $1,000,000 fair market value $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 over $1,000,000 if rental property, gross income received over $100,000 $500 - $1,000 $0 - $499 $1,001 - $10,000 $10,001 - $100,000 if rental property, gross income received over $100,000 $500 - $1,000 $0 - $499 $1,001 - $10,000 $10,001 - $100,000 highest balance during reporting period guarantor, if applicable over $100,000 $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 FPPC Form 700 (2017/2018) Sch. B FPPC Advice Email: advice@fppc.ca.gov FPPC Toll-Free Helpline: 866/275-3772 www.fppc.ca.gov 700 FaIR PolItIcal PRactIceS commISSIon calIFoRnIa FoRm name of lender* address (Business Address Acceptable) business activity, if any, of lender interest rate term (months/years) % none guarantor, if applicable highest balance during reporting period over $100,000 $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 * You are not required to report loans from commercial lending institutions made in the lender’s regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender’s regular course of business must be disclosed as follows: none none 4600 24th Street Sacramento Henry Wells Sophia Petroillo 2121 Blue Sky Parkway,Sacramento Restaurant Owner 8 15 Years (Real property, car, boat, etc.)(Real property, car, boat, etc.) SCHEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) GROSS INCOME RECEIVED No Income - Business Position Only No Income - Business Position OnlyGROSS INCOME RECEIVED Name OVER $100,000 OVER $100,000 $500 - $1,000 $500 - $1,000 $1,001 - $10,000 $1,001 - $10,000 $10,001 - $100,000 $10,001 - $100,000 700 FAIR POLITICAL PRACTICES COMMISSION CALIFORNIA FORM ► 1. INCOME RECEIVED NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION ► 1. INCOME RECEIVED NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION NAME OF LENDER* ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (Months/Years) % None HIGHEST BALANCE DURING REPORTING PERIOD $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 OVER $100,000 Comments: ► 2. LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD * You are not required to report loans from a commercial lending institution, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender ’s regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender’s regular course of business must be disclosed as follows: SECURITY FOR LOAN None Personal residence Real Property Guarantor Other Street address City (Describe) CONSIDERATION FOR WHICH INCOME WAS RECEIVED Salary Spouse’s or registered domestic partner’s income (For self-employed use Schedule A-2.) Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) Sale of Other CONSIDERATION FOR WHICH INCOME WAS RECEIVED Salary Spouse’s or registered domestic partner’s income (For self-employed use Schedule A-2.) Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) Sale of Other (Describe)(Describe) (Describe)(Describe) Rental Income, list each source of $10,000 or more Rental Income, list each source of $10,000 or moreCommission or Commission or Loan repayment Loan repayment FPPC Form 700 - Schedule C (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 13 Instructions – Schedule C Income, Loans, & Business Positions (Income Other Than Gifts and Travel Payments) Reporting Income: Report the source and amount of gross income of $500 or more you received during the reporting period. Gross income is the total amount of income before deducting expenses, losses, or taxes and includes loans other than loans from a commercial lending institution. (See Reference Pamphlet, page 11.) You must also report the source of income to your spouse or registered domestic partner if your community property share was $500 or more during the reporting period. The source and income must be reported only if the source is located in, doing business in, planning to do business in, or has done business during the previous two years in your agency’s jurisdiction. (See Reference Pamphlet, page 13.) Reportable sources of income may be further limited by your disclosure category located in your agency’s conflict of interest code. Reporting Business Positions: You must report your job title with each reportable business entity even if you received no income during the reporting period. Use the comments section to indicate that no income was received. Commonly reportable income and loans include: • Salary/wages, per diem, and reimbursement for expenses including travel payments provided by your employer • Community property interest (50%) in your spouse’s or registered domestic partner’s income - report the employer’s name and all other required information • Income from investment interests, such as partnerships, reported on Schedule A-1 • Commission income not required to be reported on Schedule A-2 (See Reference Pamphlet, page 8.) • Gross income from any sale, including the sale of a house or car (Report your pro rata share of the total sale price.) • Rental income not required to be reported on Schedule B • Prizes or awards not disclosed as gifts • Payments received on loans you made to others • An honorarium received prior to becoming a public official (See Reference Pamphlet, page 10.) • Incentive compensation (See Reference Pamphlet, page 12.) You are not required to report: • Salary, reimbursement for expenses or per diem, or social security, disability, or other similar benefit payments received by you or your spouse or registered domestic partner from a federal, state, or local government agency. • Stock dividends and income from the sale of stock unless the source can be identified. • Income from a PERS retirement account. (See Reference Pamphlet, page 12.) To Complete Schedule C: Part 1. Income Received/Business Position Disclosure • Disclose the name and address of each source of income or each business entity with which you held a business position. • Provide a general description of the business activity if the source is a business entity. • Check the box indicating the amount of gross income received. • Identify the consideration for which the income was received. • For income from commission sales, check the box indicating the gross income received and list the name of each source of commission income of $10,000 or more. (See Reference Pamphlet, page 8.) Note: If you receive commission income on a regular basis or have an ownership interest of 10% or more, you must disclose the business entity and the income on Schedule A-2. • Disclose the job title or business position, if any, that you held with the business entity, even if you did not receive income during the reporting period. Part 2. Loans Received or Outstanding During the Reporting Period • Provide the name and address of the lender. • Provide a general description of the business activity if the lender is a business entity. • Check the box indicating the highest balance of the loan during the reporting period. • Disclose the interest rate and the term of the loan. -For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period. -The term of the loan is the total number of months or years given for repayment of the loan at the time the loan was entered into. • Identify the security, if any, for the loan. Reminders • Code filers – your disclosure categories may not require disclosure of all sources of income. • If you or your spouse or registered domestic partner are self-employed, report the business entity on Schedule A-2. • Do not disclose on Schedule C income, loans, or business positions already reported on Schedules A-2 or B. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 14 SCHEDULE D Income – Gifts Comments: Name 700 FAIR POLITICAL PRACTICES COMMISSION CALIFORNIA FORM ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) // $ // $ // $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) // $ // $ // $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) // $ // $ // $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) // $ // $ // $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) // $ // $ // $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) // $ // $ // $ FPPC Form 700 - Schedule D (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 15 Instructions – Schedule D Income – Gifts Reminders • Gifts from a single source are subject to a $500 limit in 2019. (See Reference Pamphlet, page 10.) • Code filers – you only need to report gifts from reportable sources. Gift Tracking Mobile Application • FPPC has created a gift tracking app for mobile devices that helps filers track gifts and provides a quick and easy way to upload the information to the Form 700. Visit FPPC’s website to download the app. A gift is anything of value for which you have not provided equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or more. In addition, multiple gifts totaling $50 or more received during the reporting period from a single source must be reported. It is the acceptance of a gift, not the ultimate use to which it is put, that imposes your reporting obligation. Except as noted below, you must report a gift even if you never used it or if you gave it away to another person. If the exact amount of a gift is unknown, you must make a good faith estimate of the item’s fair market value. Listing the value of a gift as “over $50” or “value unknown” is not adequate disclosure. In addition, if you received a gift through an intermediary, you must disclose the name, address, and business activity of both the donor and the intermediary. You may indicate an intermediary either in the “source” field after the name or in the “comments” section at the bottom of Schedule D. Commonly reportable gifts include: • Tickets/passes to sporting or entertainment events • Tickets/passes to amusement parks • Parking passes not used for official agency business • Food, beverages, and accommodations, including those provided in direct connection with your attendance at a convention, conference, meeting, social event, meal, or like gathering • Rebates/discounts not made in the regular course of business to members of the public without regard to official status • Wedding gifts (See Reference Pamphlet, page 16) • An honorarium received prior to assuming office (You may report an honorarium as income on Schedule C, rather than as a gift on Schedule D, if you provided services of equal or greater value than the payment received. See Reference Pamphlet, page 10.) • Transportation and lodging (See Schedule E.) • Forgiveness of a loan received by you You are not required to disclose: • Gifts that were not used and that, within 30 days after receipt, were returned to the donor or delivered to a charitable organization or government agency without being claimed by you as a charitable contribution for tax purposes • Gifts from your spouse or registered domestic partner, child, parent, grandparent, grandchild, brother, sister, and certain other family members (See Regulation 18942 for a complete list.). The exception does not apply if the donor was acting as an agent or intermediary for a reportable source who was the true donor. • Gifts of similar value exchanged between you and an individual, other than a lobbyist registered to lobby your state agency, on holidays, birthdays, or similar occasions • Gifts of informational material provided to assist you in the performance of your official duties (e.g., books, pamphlets, reports, calendars, periodicals, or educational seminars) • A monetary bequest or inheritance (However, inherited investments or real property may be reportable on other schedules.) • Personalized plaques or trophies with an individual value of less than $250 • Campaign contributions • Up to two tickets, for your own use, to attend a fundraiser for a campaign committee or candidate, or to a fundraiser for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The ticket must be received from the organization or committee holding the fundraiser. • Gifts given to members of your immediate family if the source has an established relationship with the family member and there is no evidence to suggest the donor had a purpose to influence you. (See Regulation 18943.) • Free admission, food, and nominal items (such as a pen, pencil, mouse pad, note pad or similar item) available to all attendees, at the event at which the official makes a speech (as defined in Regulation 18950(b)(2)), so long as the admission is provided by the person who organizes the event. • Any other payment not identified above, that would otherwise meet the definition of gift, where the payment is made by an individual who is not a lobbyist registered to lobby the official’s state agency, where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official’s position and there is no evidence whatsoever at the time the gift is made to suggest the donor had a purpose to influence you. To Complete Schedule D: • Disclose the full name (not an acronym), address, and, if a business entity, the business activity of the source. • Provide the date (month, day, and year) of receipt, and disclose the fair market value and description of the gift. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 16 SCHEDULE E Income – Gifts Travel Payments, Advances, and Reimbursements Name Comments: 700 FAIR POLITICAL PRACTICES COMMISSION CALIFORNIA FORM • Mark either the gift or income box. • Mark the “501(c)(3)” box for a travel payment received from a nonprofit 501(c)(3) organization or the “Speech” box if you made a speech or participated in a panel. Per Government Code Section 89506, these payments may not be subject to the gift limit. However, they may result in a disqualifying conflict of interest. • For gifts of travel, provide the travel destination. DATE(S): // - // AMT: $ (If gift) DATE(S): // - // AMT: $ (If gift) ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE ► MUST CHECK ONE: Made a Speech/Participated in a Panel Other - Provide Description Gift -or- Income ► If Gift, Provide Travel Destination ► MUST CHECK ONE: Made a Speech/Participated in a Panel Other - Provide Description Gift -or- Income ► If Gift, Provide Travel Destination ► MUST CHECK ONE: Made a Speech/Participated in a Panel Other - Provide Description Gift -or- Income ► If Gift, Provide Travel Destination ► MUST CHECK ONE: Made a Speech/Participated in a Panel Other - Provide Description Gift -or- Income ► If Gift, Provide Travel Destination DATE(S): // - // AMT: $ (If gift) DATE(S): // - // AMT: $ (If gift) FPPC Form 700 - Schedule E (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 17 Travel payments reportable on Schedule E include advances and reimbursements for travel and related expenses, including lodging and meals. Gifts of travel may be subject to the gift limit. In addition, certain travel payments are reportable gifts, but are not subject to the gift limit. To avoid possible misinterpretation or the perception that you have received a gift in excess of the gift limit, you may wish to provide a specific description of the purpose of your travel. (See the FPPC fact sheet entitled “Limitations and Restrictions on Gifts, Honoraria, Travel, and Loans” to read about travel payments under section 89506(a).) You are not required to disclose: • Travel payments received from any state, local, or federal government agency for which you provided services equal or greater in value than the payments received, such as reimbursement for travel on agency business from your government agency employer. • A payment for travel from another local, state, or federal government agency and related per diem expenses when the travel is for education, training or other inter-agency programs or purposes. • Travel payments received from your employer in the normal course of your employment that are included in the income reported on Schedule C. • A travel payment that was received from a nonprofit entity exempt from taxation under Internal Revenue Code Section 501(c)(3) for which you provided equal or greater consideration, such as reimbursement for travel on business for a 501(c)(3) organization for which you are a board member. Note: Certain travel payments may not be reportable if reported via email on Form 801 by your agency. To Complete Schedule E: • Disclose the full name (not an acronym) and address of the source of the travel payment. • Identify the business activity if the source is a business entity. • Check the box to identify the payment as a gift or income, report the amount, and disclose the date(s). • Travel payments are gifts if you did not provide services that were equal to or greater in value than the payments received. You must disclose gifts totaling $50 or more from a single source during the period covered by the statement. When reporting travel payments that are gifts, you must provide a description of the gift, the date(s) received, and the travel destination. • Travel payments are income if you provided services that were equal to or greater in value than the payments received. You must disclose income totaling $500 or more from a single source during the period covered by the statement. You have the burden of proving the payments are income rather than gifts. When reporting travel payments as income, you must describe the services you provided in exchange for the payment. You are not required to disclose the date(s) for travel payments that are income. Example: City council member MaryClaire Chandler is the chair of a 501(c)(6) trade association, and the association pays for her travel to attend its meetings. Because MaryClaire is deemed to be providing equal or greater consideration for the travel payment by virtue of serving on the board, this payment may be reported as income. Payments for MaryClaire to attend other events for which she is not providing services are likely considered gifts. Note that the same payment from a 501(c)3 would NOT be reportable. Example: Mayor Kim travels to China on a trip organized by China Silicon Valley Business Development, a California nonprofit, 501(c)(6) organization. The Chengdu Municipal People’s Government pays for Mayor Kim’s airfare and travel costs, as well as his meals and lodging during the trip. The trip’s agenda shows that the trip’s purpose is to promote job creation and economic activity in China and in Silicon Valley, so the trip is reasonably related to a governmental purpose. Thus, Mayor Kim must report the gift of travel, but the gift is exempt from the gift limit. In this case, the travel payments are not subject to the gift limit because the source is a foreign government and because the travel is reasonably related to a governmental purpose. (Section 89506(a)(2).) Note that Mayor Kim could be disqualified from participating in or making decisions about The Chengdu Municipal People’s Government for 12 months. Also note that if China Silicon Valley Business Development (a 501(c)(6) organization) paid for the travel costs rather than the governmental organization, the payments would be subject to the gift limits. (See the FPPC fact sheet, Limitations and Restrictions on Gifts, Honoraria, Travel and Loans, at www.fppc.ca.gov.) Instructions – Schedule E Travel Payments, Advances, and Reimbursements FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 18 SChEDuLE E Income – Gifts Travel Payments, Advances, and Reimbursements CALIFORNIA FORM 700 FAIr POLITICAL PrACTICES COMMISSION Name •Mark either the gift or income box. •Mark the “501(c)(3)” box for a travel payment received from a nonprofit 501(c)(3) organization or the “Speech” box if you made a speech or participated in a panel. These payments are not subject to the gift limit, but may result in a disqualifying conflict of interest. •For gifts of travel, provide the travel destination. ►NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3)or DESCRIBE BuSINESS ACTIvITY, IF ANY, OF SOuRCE DATE(S): //-//AMT: $ (If gift) ►MuST CHECK ONE:Gift -or-Income Made a Speech/Participated in a Panel Other - Provide Description ►If Gift, Provide Travel Destination ►NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3)or DESCRIBE BuSINESS ACTIvITY, IF ANY, OF SOuRCE DATE(S): //-//AMT: $ (If gift) ►MuST CHECK ONE:Gift -or-Income Made a Speech/Participated in a Panel Other - Provide Description ►If Gift, Provide Travel Destination ►NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3)or DESCRIBE BuSINESS ACTIvITY, IF ANY, OF SOuRCE DATE(S): //-//AMT: $ (If gift) ►MuST CHECK ONE:Gift -or-Income Made a Speech/Participated in a Panel Other - Provide Description ►If Gift, Provide Travel Destination ►NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3)or DESCRIBE BuSINESS ACTIvITY, IF ANY, OF SOuRCE DATE(S): //-//AMT: $ (If gift) ►MuST CHECK ONE:Gift -or-Income Made a Speech/Participated in a Panel Other - Provide Description ►If Gift, Provide Travel Destination Comments: FPPC Form 700 (2016/2017) Sch. E FPPC Advice Email: advice@fppc.ca.gov FPPC Toll-Free Helpline: 866/275-3772 www.fppc.ca.gov Health Services Trade Association 1230 K Street,Suite 610 Sacramento,CA Association of Healthcare Workers 550.00 Travel reimbursement for board meeting. Chengdu Municipal People's Government 2 Caoshi St,CaoShiJie,Qingyang Qu,Chengdu Shi, Sichuan Sheng,China,610000 09 XXXX 3,874.38080904 Travel reimbursement for trip to China. Sichuan Sheng,China Clear Page Print SChEDuLE E Income – Gifts Travel Payments, Advances, and Reimbursements CALIFORNIA FORM 700 FAIr POLITICAL PrACTICES COMMISSION Name •Mark either the gift or income box. •Mark the “501(c)(3)” box for a travel payment received from a nonprofit 501(c)(3) organization or the “Speech” box if you made a speech or participated in a panel. These payments are not subject to the gift limit, but may result in a disqualifying conflict of interest. •For gifts of travel, provide the travel destination. ►NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3)or DESCRIBE BuSINESS ACTIvITY, IF ANY, OF SOuRCE DATE(S): //-//AMT: $ (If gift) ►MuST CHECK ONE:Gift -or-Income Made a Speech/Participated in a Panel Other - Provide Description ►If Gift, Provide Travel Destination ►NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3)or DESCRIBE BuSINESS ACTIvITY, IF ANY, OF SOuRCE DATE(S): //-//AMT: $ (If gift) ►MuST CHECK ONE:Gift -or-Income Made a Speech/Participated in a Panel Other - Provide Description ►If Gift, Provide Travel Destination ►NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3)or DESCRIBE BuSINESS ACTIvITY, IF ANY, OF SOuRCE DATE(S): //-//AMT: $ (If gift) ►MuST CHECK ONE:Gift -or-Income Made a Speech/Participated in a Panel Other - Provide Description ►If Gift, Provide Travel Destination ►NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3)or DESCRIBE BuSINESS ACTIvITY, IF ANY, OF SOuRCE DATE(S): //-//AMT: $ (If gift) ►MuST CHECK ONE:Gift -or-Income Made a Speech/Participated in a Panel Other - Provide Description ►If Gift, Provide Travel Destination Comments: FPPC Form 700 (2016/2017) Sch. E FPPC Advice Email: advice@fppc.ca.gov FPPC Toll-Free Helpline: 866/275-3772 www.fppc.ca.gov Health Services Trade Association 1230 K Street,Suite 610 Sacramento,CA Association of Healthcare Workers 550.00 Travel reimbursement for board meeting. Chengdu Municipal People's Government 2 Caoshi St,CaoShiJie,Qingyang Qu,Chengdu Shi, Sichuan Sheng,China,610000 09 XXXX 3,874.38080904 Travel reimbursement for trip to China. Sichuan Sheng,China Clear Page Print Restrictions and Prohibitions The Political Reform Act (Gov. Code Sections 81000- 91014) requires most state and local government officials and employees to publicly disclose their personal assets and income. They also must disqualify themselves from participating in decisions that may affect their personal economic interests. The Fair Political Practices Commission (FPPC) is the state agency responsible for issuing the attached Statement of Economic Interests, Form 700, and for interpreting the law’s provisions. Gift Prohibition Gifts received by most state and local officials, employees, and candidates are subject to a limit. In 2019-2020, the gift limit is $500 from a single source during a calendar year. Additionally, state officials, state candidates, and certain state employees are subject to a $10 limit per calendar month on gifts from lobbyists and lobbying firms registered with the Secretary of State. See Reference Pamphlet, page 10. State and local officials and employees should check with their agency to determine if other restrictions apply. Disqualification Public officials are, under certain circumstances, required to disqualify themselves from making, participating in, or attempting to influence governmental decisions that will affect their economic interests. This may include interests they are not required to disclose. For example, a personal residence is often not reportable, but may be grounds for disqualification. Specific disqualification requirements apply to 87200 filers (e.g., city councilmembers, members of boards of supervisors, planning commissioners, etc.). These officials must publicly identify the economic interest that creates a conflict of interest and leave the room before a discussion or vote takes place at a public meeting. For more information, consult Government Code Section 87105, Regulation 18707, and the Guide to Recognizing Conflicts of Interest page at www.fppc.ca.gov. Honorarium Ban Most state and local officials, employees, and candidates are prohibited from accepting an honorarium for any speech given, article published, or attendance at a conference, convention, meeting, or like gathering. (See Reference Pamphlet, page 10.) Loan Restrictions Certain state and local officials are subject to restrictions on loans. (See Reference Pamphlet, page 14.) Post-Governmental Employment There are restrictions on representing clients or employers before former agencies. The provisions apply to elected state officials, most state employees, local elected officials, county chief administrative officers, city managers, including the chief administrator of a city, and general managers or chief administrators of local special districts and JPAs. The FPPC website has fact sheets explaining the provisions. Late Filing The filing officer who retains originally-signed or electronically filed statements of economic interests may impose on an individual a fine for any statement that is filed late. The fine is $10 per day up to a maximum of $100. Late filing penalties may be reduced or waived under certain circumstances. Persons who fail to timely file their Form 700 may be referred to the FPPC’s Enforcement Division (and, in some cases, to the Attorney General or district attorney) for investigation and possible prosecution. In addition to the late filing penalties, a fine of up to $5,000 per violation may be imposed. For assistance concerning reporting, prohibitions, and restrictions under the Act: • Email questions to advice@fppc.ca.gov. • Call the FPPC toll-free at (866) 275-3772. Form 700 is a Public Document Public Access Must Be Provided Statements of Economic Interests are public documents. The filing officer must permit any member of the public to inspect and receive a copy of any statement. • Statements must be available as soon as possible during the agency's regular business hours, but in any event not later than the second business day after the statement is received. Access to the Form 700 is not subject to the Public Records Act procedures. • No conditions may be placed on persons seeking access to the forms. • No information or identification may be required from persons seeking access. • Reproduction fees of no more than 10 cents per page may be charged. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 19 Questions and Answers General Q. What is the reporting period for disclosing interests on an assuming office statement or a candidate statement? A. On an assuming office statement, disclose all reportable investments, interests in real property, and business positions held on the date you assumed office. In addition, you must disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you assumed office. On a candidate statement, disclose all reportable investments, interests in real property, and business positions held on the date you file your declaration of candidacy. You must also disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you file your declaration of candidacy. Q. I hold two other board positions in addition to my position with the county. Must I file three statements of economic interests? A. Yes, three are required. However, you may complete one statement listing the county and the two boards on the Cover Page or an attachment as the agencies for which you will be filing. Report your economic interests using the largest jurisdiction and highest disclosure requirements assigned to you by the three agencies. Make two copies of the entire statement before signing it, sign each copy with an original signature, and distribute one original to the county and to each of the two boards. Remember to complete separate statements for positions that you leave or assume during the year. Q. I am a department head who recently began acting as city manager. Should I file as the city manager? A. Yes. File an assuming office statement as city manager. Persons serving as “acting,” “interim,” or “alternate” must file as if they hold the position because they are or may be performing the duties of the position. Q. My spouse and I are currently separated and in the process of obtaining a divorce. Must I still report my spouse’s income, investments, and interests in real property? A. Yes. A public official must continue to report a spouse’s economic interests until such time as dissolution of marriage proceedings is final. However, if a separate property agreement has been reached prior to that time, your estranged spouse’s income may not have to be reported. Contact the FPPC for more information. Q. As a designated employee, I left one state agency to work for another state agency. Must I file a leaving office statement? A. Yes. You may also need to file an assuming office statement for the new agency. Investment Disclosure Q. I have an investment interest in shares of stock in a company that does not have an office in my jurisdiction. Must I still disclose my investment interest in this company? A. Probably. The definition of “doing business in the jurisdiction” is not limited to whether the business has an office or physical location in your jurisdiction. (See Reference Pamphlet, page 13.) Q. My spouse and I have a living trust. The trust holds rental property in my jurisdiction, our primary residence, and investments in diversified mutual funds. I have full disclosure. How is this trust disclosed? A. Disclose the name of the trust, the rental property and its income on Schedule A-2. Your primary residence and investments in diversified mutual funds registered with the SEC are not reportable. Q. I am required to report all investments. I have an IRA that contains stocks through an account managed by a brokerage firm. Must I disclose these stocks even though they are held in an IRA and I did not decide which stocks to purchase? A. Yes. Disclose on Schedule A-1 or A-2 any stock worth $2,000 or more in a business entity located in or doing business in your jurisdiction. Q. The value of my stock changed during the reporting period. How do I report the value of the stock? A. You are required to report the highest value that the stock reached during the reporting period. You may use your monthly statements to determine the highest value. You may also use the entity’s website to determine the highest value. You are encouraged to keep a record of where you found the reported value. Note that for an assuming office statement, you must report the value of the stock on the date you assumed office. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 20 Questions and Answers Continued Q. I am the sole owner of my business, an S-Corporation. I believe that the nature of the business is such that it cannot be said to have any “fair market value” because it has no assets. I operate the corporation under an agreement with a large insurance company. My contract does not have resale value because of its nature as a personal services contract. Must I report the fair market value for my business on Schedule A-2 of the Form 700? A. Yes. Even if there are no tangible assets, intangible assets, such as relationships with companies and clients are commonly sold to qualified professionals. The “fair market value” is often quantified for other purposes, such as marital dissolutions or estate planning. In addition, the IRS presumes that “personal services corporations” have a fair market value. A professional “book of business” and the associated goodwill that generates income are not without a determinable value. The Form 700 does not require a precise fair market value; it is only necessary to check a box indicating the broad range within which the value falls. Q. I own stock in IBM and must report this investment on Schedule A-1. I initially purchased this stock in the early 1990s; however, I am constantly buying and selling shares. Must I note these dates in the “Acquired” and “Disposed” fields? A. No. You must only report dates in the “Acquired” or “Disposed” fields when, during the reporting period, you initially purchase a reportable investment worth $2,000 or more or when you dispose of the entire investment. You are not required to track the partial trading of an investment. Q. On last year’s filing I reported stock in Encoe valued at $2,000 - $10,000. Late last year the value of this stock fell below and remains at less than $2,000. How should this be reported on this year’s statement? A. You are not required to report an investment if the value was less than $2,000 during the entire reporting period. However, because a disposed date is not required for stocks that fall below $2,000, you may want to report the stock and note in the “comments” section that the value fell below $2,000. This would be for informational purposes only; it is not a requirement. Q. We have a Section 529 account set up to save money for our son’s college education. Is this reportable? A. If the Section 529 account contains reportable interests (e.g., common stock valued at $2,000 or more), those interests are reportable (not the actual Section 529 account). If the account contains solely mutual funds, then nothing is reported. Income Disclosure Q. I reported a business entity on Schedule A-2. Clients of my business are located in several states. Must I report all clients from whom my pro rata share of income is $10,000 or more on Schedule A-2, Part 3? A. No, only the clients located in or doing business on a regular basis in your jurisdiction must be disclosed. Q. I believe I am not required to disclose the names of clients from whom my pro rata share of income is $10,000 or more on Schedule A-2 because of their right to privacy. Is there an exception for reporting clients’ names? A. Regulation 18740 provides a procedure for requesting an exemption to allow a client’s name not to be disclosed if disclosure of the name would violate a legally recognized privilege under California or Federal law. This regulation may be obtained from our website at www.fppc.ca.gov. (See Reference Pamphlet, page 14.) Q. I am sole owner of a private law practice that is not reportable based on my limited disclosure category. However, some of the sources of income to my law practice are from reportable sources. Do I have to disclose this income? A. Yes, even though the law practice is not reportable, reportable sources of income to the law practice of $10,000 or more must be disclosed. This information would be disclosed on Schedule C with a note in the “comments” section indicating that the business entity is not a reportable investment. The note would be for informational purposes only; it is not a requirement. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 21 Questions and Answers Continued Q. I am the sole owner of my business. Where do I disclose my income - on Schedule A-2 or Schedule C? A. Sources of income to a business in which you have an ownership interest of 10% or greater are disclosed on Schedule A-2. (See Reference Pamphlet, page 8.) Q. My husband is a partner in a four-person firm where all of his business is based on his own billings and collections from various clients. How do I report my community property interest in this business and the income generated in this manner? A. If your husband’s investment in the firm is 10% or greater, disclose 100% of his share of the business on Schedule A-2, Part 1 and 50% of his income on Schedule A-2, Parts 2 and 3. For example, a client of your husband’s must be a source of at least $20,000 during the reporting period before the client’s name is reported. Q. How do I disclose my spouse’s or registered domestic partner’s salary? A. Report the name of the employer as a source of income on Schedule C. Q. I am a doctor. For purposes of reporting $10,000 sources of income on Schedule A-2, Part 3, are the patients or their insurance carriers considered sources of income? A. If your patients exercise sufficient control by selecting you instead of other doctors, then your patients, rather than their insurance carriers, are sources of income to you. (See Reference Pamphlet, page 14.) Q. I received a loan from my grandfather to purchase my home. Is this loan reportable? A. No. Loans received from family members are not reportable. Q. Many years ago, I loaned my parents several thousand dollars, which they paid back this year. Do I need to report this loan repayment on my Form 700? A. No. Payments received on a loan made to a family member are not reportable. Real Property Disclosure Q. During this reporting period we switched our principal place of residence into a rental. I have full disclosure and the property is located in my agency’s jurisdiction, so it is now reportable. Because I have not reported this property before, do I need to show an “acquired” date? A. No, you are not required to show an “acquired” date because you previously owned the property. However, you may want to note in the “comments” section that the property was not previously reported because it was used exclusively as your residence. This would be for informational purposes only; it is not a requirement. Q. I am a city manager, and I own a rental property located in an adjacent city, but one mile from the city limit. Do I need to report this property interest? A. Yes. You are required to report this property because it is located within 2 miles of the boundaries of the city you manage. Q. Must I report a home that I own as a personal residence for my daughter? A. You are not required to disclose a home used as a personal residence for a family member unless you receive income from it, such as rental income. Q. I am a co-signer on a loan for a rental property owned by a friend. Since I am listed on the deed of trust, do I need to report my friend’s property as an interest in real property on my Form 700? A. No. Simply being a co-signer on a loan for property does not create a reportable interest in real property for you. Gift Disclosure Q. If I received a reportable gift of two tickets to a concert valued at $100 each, but gave the tickets to a friend because I could not attend the concert, do I have any reporting obligations? A. Yes. Since you accepted the gift and exercised discretion and control of the use of the tickets, you must disclose the gift on Schedule D. FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 22 Q. Julia and Jared Benson, a married couple, want to give a piece of artwork to a county supervisor. Is each spouse considered a separate source for purposes of the gift limit and disclosure? A. Yes, each spouse may make a gift valued at the gift limit during a calendar year. For example, during 2019 the gift limit was $500, so the Bensons may have given the supervisor artwork valued at no more than $1,000. The supervisor must identify Jared and Julia Benson as the sources of the gift. Q. I am a Form 700 filer with full disclosure. Our agency holds a holiday raffle to raise funds for a local charity. I bought $10 worth of raffle tickets and won a gift basket valued at $120. The gift basket was donated by Doug Brewer, a citizen in our city. At the same event, I bought raffle tickets for, and won a quilt valued at $70. The quilt was donated by a coworker. Are these reportable gifts? A. Because the gift basket was donated by an outside source (not an agency employee), you have received a reportable gift valued at $110 (the value of the basket less the consideration paid). The source of the gift is Doug Brewer and the agency is disclosed as the intermediary. Because the quilt was donated by an employee of your agency, it is not a reportable gift. Q. My agency is responsible for disbursing grants. An applicant (501(c)(3) organization) met with agency employees to present its application. At this meeting, the applicant provided food and beverages. Would the food and beverages be considered gifts to the employees? These employees are designated in our agency’s conflict of interest code and the applicant is a reportable source of income under the code. A. Yes. If the value of the food and beverages consumed by any one filer, plus any other gifts received from the same source during the reporting period total $50 or more, the food and beverages would be reported using the fair market value and would be subject to the gift limit. Q. I received free admission to an educational conference related to my official duties. Part of the conference fees included a round of golf. Is the value of the golf considered informational material? A. No. The value of personal benefits, such as golf, attendance at a concert, or sporting event, are gifts subject to reporting and limits. Questions and Answers Continued FPPC Form 700 (2019/2020) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 23 DISCLOSURE CATEGORIES A.APPROPRIATE FORMS All persons holding offices or positions specified in Government Code Section 87200 shall file FPPC Form 700 for purposes of complying with the financial disclosure requirements of the Conflict of Interest Code. All other positions and offices designated in Resolution 32-2008 shall file FPPC form 700 based on the disclosure categories listed below. B.DISCLOSURE CATEGORIES Category 1: All investments, sources of income, interests in real property or business positions in which the designated employee or official is a director, officer, partner, trustee, employee or holds any position of management. (Schedules All A-E) Category 2: All interest in real property located in the City of South San Francisco, within two (2) miles of the City of South San Francisco or within two (2) miles of any land owned or used by the City of South San Francisco. (Schedules B & C) Category 3: All investments, interests in real property or sources of income subject to the regulatory, permit or licensing authority of the department, board or commission, or agency. (Schedules All A-E) Category 4: Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. (Schedules A, C, D, E) Categories 5: Investments in, income from and positions held in business entities of the types which, within the past two (2) years, have contracted with the City of South San Francisco to provide services, supplies, materials, machinery or equipment. (Schedules A, C, D, E) Category 6: Investment in, income from and positions held in business entities of the type which, within the past two (2) years, have contracted with the designated employee's department to provide services, supplies, materials, machinery and equipment. (Schedules A, C, D, E) Attachment 2 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 181 -2018 File Number: 18 -908 Enactment Number: RES 181 -2018 RESOLUTION AMENDING THE CITY'S CONFLICT OF INTEREST CODE TO UPDATE THE LIST OF DESIGNATED POSITIONS. WHEREAS, pursuant to the Political Reform Act (Article III of Chapter 7 of the Government Code, commencing with Section 81000), each government agency is required to adopt a Conflict of Interest Code (Government Code Section 87300 et seq.); and WHEREAS, pursuant to Government Code Section 87302, the Conflict of Interest Code shall provide for specific enumeration of the positions within the City, other than those specified in Government Code Section 87200, which involve the making or participation in the making of decisions which may foreseeably have material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, and sources of income which are reportable; and WHEREAS, by Resolution No. 129 -87, as amended most recently by Resolutions 28 -2014 and 123 -2016, the City Council previously adopted the City's Conflict of Interest Code ( "COI ") and the list of designated positions subject to the COI; and WHEREAS, an update to the list of designated positions subject to the COI is necessary because of recent additions, deletions, revisions and changed responsibilities related to City positions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby adopts the updated COI, including designation of positions and the applicable disclosure categories for the positions, as shown in Exhibit 1 and Exhibit 2. At a meeting of the City Council on 10/24/2018, a motion was made by Richard Garbarino, seconded by Pradeep Gupta, that this Resolution be approved. The motion passed. Yes: 4 Mayor Normandy, Councilmember Garbarino, Councilmember Gupta, and Councilmember Addiego Absent: 1 Mayor Pro Tern by City of South San Francisco Page 1 Attachment 3 Resolution No. -2018 Exhibit 1 DESIGNATION OF POSITIONS AND APPLICABLE DISCLOSURE CATEGORIES FOR THE CITY OF SOUTH SAN FRANCISCO Designated Positions Disclosure Category Members of the following Boards and Commissions 1.1 City Council 1.2 Measure W Citizens’ Oversight Committee 1.3 Design Review Board 1.4 Housing Authority 1.5 Library Board 1.6 Parking Place Commission 1.7 Planning Commission 1.8 Parks & Recreation Commission 1.9 Conference Center Board 1.10 Cultural Arts Commission 1.11 Bicycle and Pedestrian Advisory Committee (BPAC) 1.12 Mosquito Abatement District – SSF Representative 1.13 Colma Creek Advisory Committee – Representatives 2. City Manager 2.1 City Manager 2.2 Assistant City Manager 2.3 Assistant to the City Manager 2.4 Communications Director 2.5 Management Analyst I/II 3. City Clerk 3.1 City Clerk 3.2 Deputy City Clerk 4. City Attorney 4.1 City Attorney 4.2 Assistant City Attorney 5. City Treasurer 5.1 City Treasurer 5.2 Deputy City Treasurer Form 700 1, 2, 3, 4, 5, 6 1, 2, 3, 4 1 6 3, 4, 6 Form 700 1, 2, 4, 6 6 1, 2 1, 2, 4, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 Form 700 1, 2, 4, 6 1, 2, 4 1, 2, 4 1, 2, 4 Form 700 6 Form 700 1, 2, 3, 4, 5, 6 Form 700 1, 2, 3, 4, 5, 6 6. Economic & Community Development Department 6.1 Economic and Community Development Director 6.2 Economic and Community Development Deputy Director 6.3 Principal Planner 6.4 Senior Planner 6.5 Associate Planner 6.6 Building Plan Reviewer 6.7 Community Development Coordinator 6.8 Building Official 6.9 Assistant Building Official 6.10 Senior Building Inspector 6.11 Building Inspector 6.12 Planning Technician 6.13 Senior Permit Technician 6.14 Permit Technician 6.15 Economic Development Coordinator 6.16 Management Analyst I/II 7. Human Resources Department 7.1 Human Resources Director 7.2 Human Resources Manager 7.3 Human Resources Analyst I/II 8. Public Works Department 8.1 Public Works Director 8.2 Assistant Public Works Director/City Engineer 8.3 Public Works Deputy Director 8.4 Plant Superintendent 8.5 Assistant Plant Superintendent 8.6 Principal Engineer 8.7 Senior Civil Engineer 8.8 Associate Civil Engineer 8.9 Public Works Inspector 8.10 Laboratory Supervisor 8.11 Plant Maintenance Supervisor 8.12 Environmental Compliance Supervisor 8.13 Senior Environmental Compliance Inspector 8.14 Environmental Compliance Inspector I/II 8.15 Program Manager – Public Works 8.16 Public Works Administrator 8.17 Management Analyst I/II 8.18 Code Enforcement Officer 9. Finance Department 9.1 Finance Director 9.2 Financial Services Manager 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 6 6 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 3, 4, 5 1, 3, 4, 5 10. Fire Department 10.1 Fire Chief 10.2 Deputy Fire Chief 10.3 Battalion Chief 10.4 EMS Battalion Chief 10.5 Fire Marshal 10.6 Fire Captain 10.7 Safety Inspector I/II/III 10.8 Emergency Services Manager 10.9 Management Analyst I/II 11. Library Department 11.1 Library Director 11.2 Assistant Library Director 11.3 Literacy Program Manager 11.4 Library Program Manager 11.5 Management Analyst I/II 12. Parks and Recreation Department 12.1 Parks and Recreation Director 12.2 Program Manager – Facilities 12.3 Program Manager – Parks 12.4 Program Manager – Recreation & Community Services 12.5 Business Manager (Public Works Administrator) 12.6 Landscape Architect 12.7 Facilities Supervisor 12.8 Parks Supervisor 12.9 Recreation and Community Services Supervisor 13. Police Department 13.1 Chief of Police 13.2 Deputy Police Chief 13.3 Police Captain 13.4 Police Lieutenant 13.5 Police Sergeant 13.6 Police Communications & Records Manager 13.7 Management Analyst I/II 14. Consultants 15. Housing Authority 15.1 Executive Director 16. Conference Center 16.1 Executive Director 6 6 6 6 1, 2, 4, 6 6 1, 2, 4 1, 2, 4, 6 1, 2, 4 6 5 6 6 6 1, 2, 4, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 6 6 6 6 6 6 6 Form 700 1, 2, 4 1 17. Information Technology Department 17.1 Chief Innovation Officer 17.2 Information Technology Manager 6 6 DISCLOSURE CATEGORIES A. APPROPRIATE FORMS All persons holding offices or positions specified in Government Code Section 87200 shall file FPPC Form 700 for purposes of complying with the financial disclosure requirements of the Conflict of Interest Code. All other positions and offices designated in Resolution 32-2008 shall file FPPC form 700 based on the disclosure categories listed below. B. DISCLOSURE CATEGORIES Category 1: All investments, sources of income, interests in real property or business positions in which the designated employee or official is a director, officer, partner, trustee, employee or holds any position of management. (Schedules All A-E) Category 2: All interest in real property located in the City of South San Francisco, within two 2) miles of the City of South San Francisco or within two (2) miles of any land owned or used by the City of South San Francisco. (Schedules B & C) Category 3: All investments, interests in real property or sources of income subject to the regulatory, permit or licensing authority of the department, board or commission, or agency. (Schedules All A-E) Category 4: Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. (Schedules A, C, D, E) Categories 5 : Investments in, income from and positions held in business entities of the types which, within the past two (2) years, have contracted with the City of South San Francisco to provide services, supplies, materials, machinery or equipment. Schedules A, C, D, E) Category 6: Investment in, income from and positions held in business entities of the type which, within the past two (2) years, have contracted with the designated employee's department to provide services, supplies, materials, machinery and equipment. (Schedules A, C, D, E) Resolution No. -2020 Exhibit A DESIGNATION OF POSITIONS AND APPLICABLE DISCLOSURE CATEGORIES FOR THE CITY OF SOUTH SAN FRANCISCO Designated Positions Disclosure Category Members of the following Boards and Commissions 1.1 City Council 1.2 Measure W Citizens’ Oversight Committee 1.3 Design Review Board 1.4 Housing Authority 1.5 Library Board 1.6 Parking Place Commission 1.7 Planning Commission 1.8 Parks & Recreation Commission 1.9 Conference Center AuthorityBoard 1.10 Cultural Arts Commission 1.11 Bicycle and Pedestrian Advisory Committee (BPAC) 1.12 Mosquito and Vector ControlAbatement District – SSF Representative 1.13 Colma Creek Citizens Advisory Committee – Representatives 1.14 Housing Authority Tenant Commission 1.15 Traffic Safety Commission _______________________________________________________ 2. City Manager 2.1 City Manager 2.2 Assistant City Manager 2.3 Assistant to the City Manager 2.4 Communications Director 2.5 Director of Capital Projects 2.6 Principal Engineer (Deputy Director of Capital Projects) 2.75 Management Analyst I/II _______________________________________________________ 3. City Clerk 3.1 City Clerk 3.2 Assistant City Clerk 3.32 Deputy City Clerk _______________________________________________________ 4. City Attorney 4.1 City Attorney 4.2 Assistant City Attorney Form 700 (87200 Filer) 1, 2, 3, 4, 5, 6 1, 2, 3, 4 1 6 3, 4, 6 Form 700 (87200 Filer) 1, 2, 4, 6 6 1, 2 1, 2, 4, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 _____________________ Form 700 (87200 Filer) 1, 2, 4, 6 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 _____________________ 1, 2, 3, 4, 5, 6Form 700 6 6 _____________________ Form 700 (87200 Filer) 1, 2, 3, 4, 5, 6 _____________________ 5. City Treasurer 5.1 City Treasurer 5.2 Deputy City Treasurer Form 700 (87200 Filer) 1, 2, 3, 4, 5, 6 6. Economic & Community Development Department 6.1 Economic and Community Development Director 6.2 Economic and Community Development Deputy Director 6.3 City Planner 6.43 Principal Planner 6.54 Senior Planner 6.65 Associate Planner 6.76 Building Plan Reviewer 6.87 Community Development Coordinator 6.988 City Building Official 6.109 Assistant Building Official 6.110 Senior Building Inspector 6.121 Building Inspector 6.132 Planning Technician 6.143 Senior Permit Technician 6.154 Permit Technician 6.165 Economic Development Coordinator 6.176 Management Analyst I/II _______________________________________________________ 7. Human Resources Department 7.1 Human Resources Director 7.2 Human Resources Manager 7.3 Human Resources Analyst I/II _______________________________________________________ 8. Public Works Department 8.1 Public Works Director 8.2 Assistant Public Works Director/City Engineer 8.3 Public Works Deputy Director 8.4 Plant Superintendent 8.5 Assistant Plant Superintendent 8.6 Principal Engineer 8.7 Senior Civil Engineer 8.8 Associate Civil Engineer 8.9 Public Works Inspector 8.10 Laboratory Supervisor 8.11 Plant Maintenance Supervisor 8.12 Environmental Compliance Supervisor 8.13 Senior Environmental Compliance Inspector 8.14 Environmental Compliance Inspector I/II 8.15 Program Manager – Public Works 8.16 Public Works Administrator 8.17 Management Analyst I/II 8.18 Code Enforcement Officer 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 _____________________ 6 6 6 _____________________ 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 9. Finance Department 9.1 Finance Director 9.2 Deputy Finance Director 9.32 Financial Services Manager 9.43 Management Analyst I/II ______________________________________________________ 10. Fire Department 10.1 Fire Chief 10.2 Deputy Fire Chief 10.3 Fire Battalion Chief 10.4 EMS Battalion Chief 10.5 Fire Marshal 10.6 Fire Captain 10.7 Safety Inspector I/II/III 10.8 Emergency Services Manager 10.9 Management Analyst I/II 11. Library Department 11.1 Library Director 11.2 Assistant Library Director 11.3 Literacy Program Manager 11.4 Library Program Manager 11.5 Management Analyst I/II _______________________________________________________ 12. Parks and Recreation Department 12.1 Parks and Recreation Director 12.2 Parks and Recreation Deputy Director 12.32 Program Manager – FacilitiesMaintenance Supervisor 12.3 Program Manager – Parks 12.4 Program Manager – Recreation & Community Services 12.5 Business Manager (Public Works Administrator) 12.6 Landscape Architect 12.7 Facilities Supervisor 12.8 Parks Supervisor 12.79 Recreation and Community Services Supervisor _______________________________________________________ 13. Police Department 13.1 Chief of Police Chief 13.2 Deputy Police Chief 13.3 Police Captain 13.4 Police Lieutenant 13.5 Police Sergeant 13.6 Police Communications & Records Manager 13.7 Management Analyst I/II _______________________________________________________ 14. Consultants 1, 3, 4, 5 1, 3, 4, 5 1, 3, 4, 5 1, 2, 4 _____________________ 6 6 6 6 1, 2, 4, 6 6 1, 2, 4 1, 2, 4, 6 1, 2, 4 6 5 6 6 6 _________________ 1, 2, 4, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 _____________________ 6 6 6 6 6 6 6 _____________________ Form 700 (87200 Filer) _____________________ 15. Housing Authority 15.1 Executive Director _______________________________________________________ 16. Conference Center 16.1 Executive Director _______________________________________________________ 17. Information Technology Department 17.1 Chief Innovation OfficerInformation Technology Director 17.2 Information Technology Manager 17.3 Senior Information Systems Administrator 17.4 Information Systems Administrator 1, 2, 4 _____________________ 1 _____________________ 6 6 6 6 _____________________ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-676 Agenda Date:10/14/2020 Version:1 Item #:11a. Resolution amending the City’s Conflict of Interest Code to update the List of Designated Positions. WHEREAS,pursuant to the Political Reform Act (Article III of Chapter 7 of the Government Code, commencing with Section 81000),each government agency is required to adopt a Conflict of Interest Code (Government Code Section 87300 et seq.); and WHEREAS,pursuant to Government Code Section 87302,the Conflict of Interest Code shall provide for specific enumeration of the positions within the City,other than those specified in Government Code Section 87200,which involve the making or participation in the making of decisions which may foreseeably have material effect on any financial interest and for each such enumerated position,the specific types of investments, business positions, interests in real property, and sources of income which are reportable; and WHEREAS,by Resolution No.129-87,as amended most recently by Resolutions 28-2014,123-2016 and 181- 2018,the City Council previously adopted the City’s Conflict of Interest Code (“COI”)and the list of designated positions subject to the COI; and WHEREAS,an update to the list of designated positions subject to the COI is necessary because of recent additions, deletions, revisions and changed responsibilities related to City positions. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby adopts the updated Conflict of Interest Code,including designation of positions and the applicable disclosure categories for the positions, as shown in Exhibit A and Exhibit B. ***** City of South San Francisco Printed on 10/17/2020Page 1 of 1 powered by Legistar™ Resolution No. -2020 Exhibit A DESIGNATION OF POSITIONS AND APPLICABLE DISCLOSURE CATEGORIES FOR THE CITY OF SOUTH SAN FRANCISCO Designated Positions Disclosure Category Members of the following Boards and Commissions 1.1 City Council 1.2 Measure W Citizens’ Oversight Committee 1.3 Design Review Board 1.4 Housing Authority 1.5 Library Board 1.6 Parking Place Commission 1.7 Planning Commission 1.8 Parks & Recreation Commission 1.9 Conference Center Authority 1.10 Cultural Arts Commission 1.11 Bicycle and Pedestrian Advisory Committee (BPAC) 1.12 Mosquito and Vector Control District – SSF Representative 1.13 Colma Creek Citizens Advisory Committee –Representatives 1.14 Housing Authority Tenant Commission 1.15 Traffic Safety Commission ______________________________________________________ 2. City Manager 2.1 City Manager 2.2 Assistant City Manager 2.3 Assistant to the City Manager 2.4 Communications Director 2.5 Director of Capital Projects 2.6 Principal Engineer (Deputy Director of Capital Projects) 2.7 Management Analyst I/II _______________________________________________________ 3. City Clerk 3.1 City Clerk 3.2 Assistant City Clerk 3.3 Deputy City Clerk _______________________________________________________ 4. City Attorney 4.1 City Attorney 4.2 Assistant City Attorney ________________________________________________________ 5. City Treasurer 5.1 City Treasurer 5.2 Deputy Cit y Treasurer Form 700 (87200 Filer) 1, 2, 3, 4, 5, 6 1, 2, 3, 4 1 6 3, 4, 6 Form 700 (87200 Filer) 1, 2, 4, 6 6 1, 2 1, 2, 4, 6 1, 2, 3, 4, 5, 6 1, 2, 3, 4, 5, 6 1 3, 4, 6 _____________________ Form 700 (87200 Filer) 1, 2, 4, 6 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 _____________________ 1, 2, 3, 4, 5, 6 6 6 _____________________ Form 700 (87200 Filer) 1, 2, 3, 4, 5, 6 ____________________ Form 700 (87200 Filer) 1, 2, 3, 4, 5, 6 6. Economic & Community Development Department 6.1 Economic and Community Development Director 6.2 Economic and Community Development Deputy Director 6.3 City Planner 6.4 Principal Planner 6.5 Senior Planner 6.6 Associate Planner 6.7 Building Plan Reviewer 6.8 Community Development Coordinator 6.9 City Building Official 6.10 Assistant Building Official 6.11 Senior Building Inspector 6.12 Building Inspector 6.13 Planning Technician 6.14 Senior Permit Technician 6.15 Permit Technician 6.16 Economic Development Coordinator 6.17 Management Analyst I/II _______________________________________________________ 7. Human Resources Department 7.1 Human Resources Director 7.2 Human Resources Manager 7.3 Human Resources Analyst I/II _______________________________________________________ 8. Public Works Department 8.1 Public Works Director 8.2 Assistant Public Works Director/City Engineer 8.3 Public Works Deputy Director 8.4 Plant Superintendent 8.5 Assistant Plant Superintendent 8.6 Principal Engineer 8.7 Senior Civil Engineer 8.8 Associate Civil Engineer 8.9 Public Works Inspector 8.10 Laboratory Supervisor 8.11 Plant Maintenance Super visor 8.12 Environmental Compliance Supervisor 8.13 Senior Environmental Compliance Inspector 8.14 Environmental Co mpliance Inspector I/II 8.15 Program Manager 8.16 Public Works Administrator 8.17 Management Analyst I/II 8.18 Code Enforcement Officer ________________________________________________________ 9. Finance Department 9.1 Finance Director 9.2 Deputy Finance Director 9.3 Financial Services Manager 9.4 Management Analyst I/II 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 1, 2, 4 _____________________ 6 6 6 _____________________ 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 1, 2, 4, 6 _____________________ 1, 3, 4, 5 1, 3, 4, 5 1, 3, 4, 5 1, 2, 4 10. Fire Department 10.1 Fire Chief 10.2 Deputy Fire Chief 10.3 Fire Battalion Chief 10.4 EMS Battalion Chief 10.5 Fire Marshal 10.6 Fire Captain 10.7 Safety Inspector I/II/III 10.8 Emergency Services Manager 10.9 Management Analyst I/II 11. Library Department 11.1 Library Director 11.2 Assistant Library Director 11.3 Literacy Program Manager 11.4 Library Program Manager 11.5 Management Analyst I/II _______________________________________________________ 12. Parks and Recreation Department 12.1 Parks and Recreation Director 12.2 Parks and Recreation Deputy Director 12.3 Maintenance Supervisor 12.4 Program Manager 12.5 Business Manager 12.6 Landscape Architect 12.7 Recreation and Community Services Supervisor _______________________________________________________ 13. Police Department 13.1 Police Chief 13.2 Deputy Police Chief 13.3 Police Captain 13.4 Police Lieut enant 13.5 Police Sergeant 13.6 Police Communications & Records Manager 13.7 Management Analyst I/II _______________________________________________________ 14. Consultants ________________________________________________________ 15. Housing Authority 15.1 Executive Director _______________________________________________________ 16. Conference Center 16.1 Executive Director 6 6 6 6 1, 2, 4, 6 6 1, 2, 4 1, 2, 4, 6 1, 2, 4 6 5 6 6 6 _____________________ 1, 2, 4, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 2, 4, 5, 6 _____________________ 6 6 6 6 6 6 6 _____________________ Form 700 (87200 Filer) _____________________ 1, 2, 4 _____________________ 1 17. Information Technology Department 17.1 Information Technology Director 17.2 Information Technology Manager 17.3 Senior Information Systems Administrator 17.4 Information Systems Administrator 6 6 6 6 A.APPROPRIATE FORMS All persons holding offices or positions specified in Government Code Section 87200 shall file FPPC Form 700 for purposes of complying with the financial disclosure requirements of the Conflict of Interest Code. All other positions and offices designated in Resolution 32-2008 shall file FPPC form 700 based on the disclosure categories listed below. B.DISCLOSURE CATEGORIES Category 1: All investments, sources of income, interests in real property or business positions in which the designated employee or official is a director, officer, partner, trustee, employee or holds any position of management. (Schedules All A-E) Category 2: All interest in real property located in the City of South San Francisco, within two (2) miles of the City of South San Francisco or within two (2) miles of any land owned or used by the City of South San Francisco. (Schedules B & C) Category 3: All investments, interests in real property or sources of income subject to the regulatory, permit or licensing authority of the department, board or commission, or agency. (Schedules All A-E) Category 4: Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. (Schedules A, C, D, E) Categories 5: Investments in, income from and positions held in business entities of the types which, within the past two (2) years, have contracted with the City of South San Francisco to provide services, supplies, materials, machinery or equipment. (Schedules A, C, D, E) Category 6: Investment in, income from and positions held in business entities of the type which, within the past two (2) years, have contracted with the designated employee's department to provide services, supplies, materials, machinery and equipment. (Schedules A, C, D, E) Exhibit B DISCLOSURE CATEGORIES City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-714 Agenda Date:10/14/2020 Version:1 Item #:12. Report regarding a resolution authorizing staff to include five sole-sourced life safety systems in the specifications for Phase II of the Community Civic Campus Project.(Jacob Gilchrist,Director of Capital Projects) RECOMMENDATION Staff recommends City Council approve a resolution authorizing staff to include five sole sourced building life safety systems in the specifications for Phase II of the Community Civic Campus Project. BACKGROUND/DISCUSSION Following the presentation to the City Council at the August 12,2020 City Council Meeting,staff worked with the project team to complete the bid documents for Phase II of the Community Civic Campus -Library and Parks and Recreation Facility.While the package consists of a comprehensive set of specifications and drawings to be reviewed and bid on through a competitive bid process,there are five building life safety systems that staff recommends for procurement through sole sourcing of specific vendor-supplied products. The systems recommended for sole source procurement are the: •Building Management System -a computer-based system that controls and monitors the mechanical and electrical equipment for the building, including ventilation, lighting, fire alarms, and security alarms •Video Management System - a computer-based system that controls security cameras •Access Control System -a computer-based system that manages keyless entry,card readers,and allows for monitoring of who locks, unlocks, and accesses all doors and gates •Hardware Locks - the physical keyed lock hardware for all doors and gates •Back-Up Electrical Generator Docking Station -an electrical system that will allow staff to procure and connect a rented generator in the event of a prolonged power outage These five systems are also included in the Community Civic Campus Phase I -Police Operations and 911 Dispatch Center.All of these systems were competitively bid as part of the Phase I bid package.The specified systems,preferred by staff after a review of alternate products with the project architects and engineers,were the basis of design for Phase I and were provided in the specifications along with the names of other potential manufacturers. Per California Public Contract Code,the General Contractor for Phase I had the opportunity to request that the City consider substitutions from other manufacturers.The General Contractor for Phase I opted to supply the systems used as the basis of design.Because these systems will be installed at the Police Operations and 911 Dispatch Center,these items are considered by staff to be the standard systems for subsequent phases of the Community Civic Campus project. All five of these building systems specifically relate to life safety,where coordination and standardization across the full and integrated Community Civic Campus-specifically between Police,Fire,Facilities,Public Works,Parks and Recreation,and Library departments-will be critical to ensure a fast and efficient response by City staff in emergencies and in response to security concerns.Moreover,the standardization of these systemsCity of South San Francisco Printed on 10/8/2020Page 1 of 2 powered by Legistar™ File #:20-714 Agenda Date:10/14/2020 Version:1 Item #:12. City staff in emergencies and in response to security concerns.Moreover,the standardization of these systems allows staff to be trained on a reliable and consistent set of products that will allow for ease of daily maintenance, testing, and operation. Council has the authority to approve sole sourcing of these items under California Public Contract Code Section 3400(c),which permits general law cities to suspend competitive bidding and to make sole source purchases of products in order to match other products either in use on a particular public improvement completed or in the course of completion. The cost for these items represents approximately 1.5%of total construction cost for Phase II of the Community Civic Campus.These five systems represent six specified items out of over 2,500 separate specified items included in the overall Community Civic Campus Phase II bid package. FISCAL IMPACT The systems subject to this proposed sole source waiver are part of the current Community Civic Campus project budget and have no further fiscal impact. RELATIONSHIP TO STRATEGIC PLAN This effort is included in the City’s Strategic Plan.It aligns with Priority #2,focused on enhancing quality of life, and Priority #3, focused on enhancing public safety. CONCLUSION In conclusion, staff recommends City Council approve a resolution authorizing staff to include five sole- sourced systems in the specifications for Phase II of the Community Civic Campus Project. Attachments: 1.Resolution Exhibit A -Systems,Equipment,and Products Proposed for Acquisition via Sole Source Waiver 2.Slide Show Presentation City of South San Francisco Printed on 10/8/2020Page 2 of 2 powered by Legistar™ Exhibit A - Systems, Equipment, and Products Proposed for Acquisition via Sole Source Waiver System Type Manufacturer/Vendor Estimated Cost Building Management System Allerton Building Systems and Blue Ridge Lighting Systems provided by Syserco 1,294,000$ Access Control System S2 Security and Access Control 120,000$ Video Management System Avigilon Control Center Video Management Systems 85,000$ Door Lock Hardware Schlage Locks 73,000$ Back Up Electrical Generator Docking Station Trystar Generator Docking Stations 25,000$ Total Cost 1,597,000$ Exhibit A Page 1 of 1 ATTACHMENT I COMMUNITYCIVICCAMPUSPHASEIIPROPOSEDSOLESOURCEWAIVERFORLIFESAFETYSYSTEMSOCTOBER14, 2020ATTACHMENT IIPage 1 of 4 Community Civic Campus Phase IISystems proposed for sole source procurement•Building Management System•Video Management System •Access Control •System Hardware Locks•Back-Up Electrical Generator Docking StationATTACHMENT IIPage 2 of 4 Community Civic Campus Phase IICalifornia Public Contract Code Section 3400(c) …permits general law cities to suspend competitive bidding and to make sole source purchases of products in order to match other products in use on a particular public improvement either completed or in the course of completion.ATTACHMENT IIPage 3 of 4 Community Civic Campus Phase IIEstimated Total Cost of SystemsBuilding Management System$1,294,000 Access Control System$120,000 Video Management System$85,000 Door Lock Hardware$73,000 Back Up Electrical Generator Docking Station$25,000 Estimated Total Cost$1,597,000 ATTACHMENT IIPage 4 of 4 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-715 Agenda Date:10/14/2020 Version:1 Item #:12a. Resolution authorizing staff to include five sole sourced systems in the specifications for Phase II of the Community Civic Campus Project. WHEREAS,the City has embarked on a multi-phase Community Civic Campus Project that includes construction of a new police headquarters,an adjacent new facility that will house a library,recreation,and City Council chambers space, and a fire station in South San Francisco, California; and WHEREAS,the City has broken ground on Phase I of the project,which includes construction of a new police headquarters, after soliciting bids through a competitive bidding process; and WHEREAS,the City has also issued documents to solicit bids for Phase II of the project,which includes construction of the library, recreation, and Council chambers facilities; and WHEREAS,the buildings in Phases I and II are conceived to be integrated together into one civic campus project and public improvement; and WHEREAS,construction of Phase II will require the purchase and installation of five types of systems, equipment,or products that have been already approved for purchase and will be installed as part of Phase I of the project,including a video management system,building management system,keyless access control,door lock hardware, and a generator docking station; and WHEREAS,a list of these five types of systems,equipment,and products shared between Phases I and II of the Civic Campus project is included as Exhibit A, attached hereto and incorporated by reference; and WHEREAS,the City wishes to standardize these systems,equipment,and products so as to facilitate operations of the buildings once Phases I and II are in use; and WHEREAS,standardization of these systems,equipment,and products is in the interest of public safety,given their role in securing the facilities; and WHEREAS,California Public Contract Code Section 3400(c)permits general law cities to suspend competitive bidding and to make sole source purchases of products in order to match other products in use on a particular public improvement either completed or in the course of completion; and WHEREAS,after thoroughly reviewing and studying the available information regarding the systems, equipment,and products listed in Exhibit A,Capital Improvements staff has determined that matching these items to the existing items for Phase I of the project is crucial for personal safety,operator training,warranty review, and equipment maintenance. NOW,THEREFORE,BE IT RESOLVED that the City Council hereby finds that all of the recitals set forthCity of South San Francisco Printed on 10/17/2020Page 1 of 2 powered by Legistar™ File #:20-715 Agenda Date:10/14/2020 Version:1 Item #:12a. NOW,THEREFORE,BE IT RESOLVED that the City Council hereby finds that all of the recitals set forth above are true and correct to the best of its knowledge,and based on said finding,determines that the items in Exhibit A may be designated as required components in the specifications for the Civic Campus Project Phase II in accordance with the Public Contract Code Section 3400 exception for components or equipment to match a public improvement in the course of completion. ****** City of South San Francisco Printed on 10/17/2020Page 2 of 2 powered by Legistar™ Exhibit A - Systems, Equipment, and Products Proposed for Acquisition via Sole Source Waiver System Type Manufacturer/Vendor Estimated Cost Building Management System Allerton Building Systems and Blue Ridge Lighting Systems provided by Syserco 1,294,000$ Access Control System S2 Security and Access Control 120,000$ Video Management System Avigilon Control Center Video Management Systems 85,000$ Door Lock Hardware Schlage Locks 73,000$ Back Up Electrical Generator Docking Station Trystar Generator Docking Stations 25,000$ Total Cost 1,597,000$ EXHIBIT A Page 1 of 1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-726 Agenda Date:10/14/2020 Version:1 Item #:13. Report regarding a resolution authorizing the acceptance of a $35,000 donation to the City of South San Francisco from the South San Francisco Chamber of Commerce and Genentech,and authorization to purchase hanging flower baskets and lease solar trash compactors and recycling containers to support downtown businesses negatively impacted by Covid-19.(Sharon Ranals, Assistant City Manager) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting a $35,000 donation to the City from the South San Francisco Chamber of Commerce and Genentech and authorize the purchase of hanging flower baskets and a lease of solar trash compactors and recycling containers in the downtown district. BACKGROUND/DISCUSSION For over 20 years Genentech has partnered with the Chamber of Commerce to sponsor Genentech Goes to Town to support South San Francisco businesses.Each year Genentech employees are issued coupons,which may be “spent”at participating businesses in South San Francisco,or contributed to a local school.At the conclusion of the program merchants redeem the coupons.This program motivates employees to visit local stores and restaurants, and hopefully stimulates community connections and future patronage. Due to Covid-19 many Genentech employees are working remotely,and local restaurants and shops have been closed or are very restricted in operations and sales,hence the Genentech Goes to Town program was restructured.As an alternative way to support struggling downtown businesses this year,Genentech made a direct donation to the Chamber of Commerce.The Chamber has granted $35,000 to support the City’s business recovery programs, specifically toward the temporary Outdoor Dining program. The City proposed two initiatives to beautify the downtown and enhance cleanliness. Hanging Baskets The Parks and Recreation Department purchased 28 hanging baskets,liners,soil,and plants;assembled the baskets;and hung them in pairs on light poles adjacent to those restaurants on Grand Avenue and Linden Avenue which are participating in the downtown Outdoor Dining Pilot Program.Funding was also allocated for weekly watering of the baskets for one year. The total cost of this effort is $12,500. Big Belly Trash Compactors/Recycling Containers The second initiative is the lease of 10 pairs of Big Belly trash compactors/recycling containers in the downtown area;the Public Works Department will administer this contract through the Parking District.The solar compactors have sensors that activate the compactor to compress trash,indicate when the cans are getting full,and send a signal to staff when they need to be emptied;a matching recycling container sits next to the compactor.The advantage of these cans is that they can hold five to ten times the volume of traditional cans, and send a signal to staff when they are getting full,hence there is less likelihood of overflowing garbage cans, particularly on the weekend when there are fewer staff on duty.Since South San Francisco Scavengers currently empty downtown cans three times per week,and are willing to empty the Big Belly cans,these features should eliminate the need for city staff to empty cans in between,freeing them up to accomplish other maintenance tasks.This will not only improve efficiency,but will greatly reduce the risk of employee injuriesCity of South San Francisco Printed on 10/8/2020Page 1 of 2 powered by Legistar™ File #:20-726 Agenda Date:10/14/2020 Version:1 Item #:13. maintenance tasks.This will not only improve efficiency,but will greatly reduce the risk of employee injuries from lifting full cans.The annual cost of leasing these cans is approximately $30,000 per year;$22,500 from this donation will be allocated toward the cost, with $7,500 funded through the Parking District. FISCAL IMPACT Funds from this donation will be deposited and expended from the Parks and Recreation donation account,as well as the Parking District.A budget amendment is not required,as the City Manager is authorized to approve appropriate budget transfers for these expenditures.These initiatives are essentially pilot projects;should they prove to be successful and there is a desire to continue them in the future,ongoing funding will be considered during the annual budget process. RELATIONSHIP TO STRATEGIC PLAN Acceptance of these donations will contribute to the City’s Strategic Plan under Priority #5 by supporting the economic vitality of the downtown area. CONCLUSION Receipt of these funds will offset the cost of 28 hanging flower baskets,and cover the majority of the cost of leasing 10 pairs of garbage compactors/recycling cans in the downtown area for one year.It is recommended that the City Council accept the donation of $35,000 from the Chamber of Commerce and Genentech to support the City’s business recovery efforts. Attachment: 1.Big Belly Mapped Locations City of South San Francisco Printed on 10/8/2020Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-727 Agenda Date:10/14/2020 Version:1 Item #:13a. Resolution authorizing the acceptance of a $35,000 donation to the City of South San Francisco from the South San Francisco Chamber of Commerce and Genentech,and authorization to purchase hanging flower baskets and lease solar trash compactors and recycling containers to support downtown businesses negatively impacted by Covid-19. WHEREAS,Genentech has annually partnered with the South San Francisco Chamber of Commerce for over 20 years to sponsor Genentech Goes to Town to support South San Francisco businesses,but needed to amend the program in 2020 due to the impact of Covid-19; and WHEREAS,Genentech donated funds directly to the South San Francisco Chamber of Commerce,which in turn offered a $35,000 contribution to the City of South San Francisco (“City”)to support the City’s business recovery efforts; and WHEREAS,staff proposed two initiatives to beautify the downtown and improve cleanliness to enhance the Outdoor Dining Pilot Program,which were accepted by Genentech and the Chamber of Commerce,including 28 hanging flower baskets,at a cost of $12,500;and replacement of sidewalk garbage receptacles with the lease of 10 pairs of Big Belly solar trash compactors and recycling containers,at a cost of approximately $30,000 per year, with a contribution of $22,500 of donated funds to be applied toward the cost; and WHEREAS,the Parks and Recreation Department will manage the hanging flower basket project through a donation account,and the Public Works Department will manage the Big Belly lease project through the Parking District,with the City Manager authorized to make necessary funding transfers to accomplish the projects; and WHEREAS,these initiatives will be evaluated as pilot projects,and considered for annual funding during the budget process should the City wish to continue them in the future. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts a $35,000 donation from Genentech and the Chamber of Commerce to the City of South San Francisco to install and maintain 28 hanging flower baskets and 10 pairs of Big Belly trash compactors/recycling containers to support the Outdoor Dining Pilot Program in the downtown area for a period of one year. ***** City of South San Francisco Printed on 10/17/2020Page 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 #:20-749 Agenda Date:10/14/2020 Version:1 Item #:14. Report regarding a resolution authorizing the acceptance of $40,000 in grant funding from the Woodlawn Foundation to support Project Read’s Learning Wheels Family Literacy Program and amending the Library Department’s Fiscal Year 2020-2021 Operating Budget per Budget Amendment 21.016.(Valerie Sommer) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $40,000 in grant funding from the Woodlawn Foundation to support Project Read’s Family Literacy Program delivered by Learning Wheels and amending the Library Department’s Fiscal Year 2020-2021 (FY 20-21) Operating Budget. BACKGROUND/DISCUSSION On August 21,2020,Project Read applied for a grant from the Woodlawn Foundation to support family literacy services offered through Learning Wheels for low income,low literacy families in North San Mateo County. On September 28,2020,Project Read was awarded funding for Learning Wheels,the Library’s mobile literacy program,to bring story times,literacy activities,free books,and family workshops to hard-to-reach neighborhoods and service points.Each month,Learning Wheels normally visits over 350 families at preschools,transitional housing locations,social service agencies,health clinics,and community events in South San Francisco,Colma,Daly City,and San Bruno.In typical years,Learning Wheels Family Literacy program distributes approximately 5,000 books during 150 visits to families.In addition,Learning Wheels staff provides information and referral services to underserved families.This year,virtual programming will be explored and social distancing and other health and safety protocols instituted in outreach services,programs and events.Funding from the Woodlawn Foundation allows Project Read’s Learning Wheels to continue providing vital literacy services to residents of South San Francisco and partner cities. FISCAL IMPACT Grant funds will be used to amend the Library Department’s current FY 20-21 Operating Budget per Budget Amendment 20.016. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Grant funding to support Learning Wheels services will provide additional family literacy programming for low income,low literacy families in South San Francisco and neighboring cities.The strengthening of learning programs is an action item in the City’s Strategic Plan under Priority #2: Quality of Life. CONCLUSION Receipt of these funds will support Learning Wheels Family Literacy Program for low income,low literacy families.It is recommended that the City Council accept $40,000 in grant funding to support family literacy programming and amend the Library Department’s FY 20-21 operating budget. City of South San Francisco Printed on 10/8/2020Page 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 #:20-750 Agenda Date:10/14/2020 Version:1 Item #:14a. Resolution authorizing the acceptance of $40,000 in grant funding from the Woodlawn Foundation to support Project Read’s Learning Wheels Family Literacy program and amending the Library Department’s Fiscal Year 2020-2021 Operating Budget per Budget Amendment 20.016. WHEREAS,the City of South San Francisco (“City”)Library Department established Project Read to assist adults and their families in reaching literacy goals; and WHEREAS,Learning Wheels,a program of Project Read,provides literary services to low income,low literate families in South San Francisco and surrounding cities through site visits; and WHEREAS,the Woodlawn Foundation has awarded the City $40,000 in grant funding to support Learning Wheels; and WHEREAS,funding from the Woodlawn Foundation will help support the Library’s mobile literacy programs including story times,literacy activities,book giveaways and family workshops to hard-to-reach neighborhoods and service points; and WHEREAS,staff recommends the acceptance of grant funding in the amount of $40,000 from the Woodlawn Foundation to support Learning Wheels, a program of Project Read; and WHEREAS,grant funds will be used to amend Fiscal Year (FY)2020-2021 Operating Budget of the Library Department via Budget Amendment 20.016. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept $40,000 in grant funding from the Woodlawn Foundation and approve Budget Amendment 20.016 to amend the Library Department’s FY 2020-2021 Operating Budget in order to reflect an increase of $40,000. ***** City of South San Francisco Printed on 10/17/2020Page 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 #:20-766 Agenda Date:10/14/2020 Version:1 Item #:15. Report regarding a resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to temporarily authorize the City Manager to waive Fire Department inspection fees for businesses significantly affected by the COVID-19 public health orders.(Jesus Magallanes, Fire Chief) RECOMMENDATION Staff recommends that the City Council approve an amendment to the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to temporarily authorize the City Manager to waive Fire Department inspection fees for businesses significantly affected by the COVID-19 public health orders. BACKGROUND On March 11,2020,the City of South San Francisco (“City”)proclaimed a local State of Emergency related to the Novel Coronavirus (COVID-19)via Resolution No.35-2020 (the “Emergency Proclamation”).On March 16,2020,seven health officers within six Bay Area counties,including San Mateo County (“County”),took a unified step to slow the spread of COVID-19 and preserve critical health care capacity across the region by issuing a legal order directing their respective residents to shelter at home and limiting activity,travel and business functions to only the most essential needs for three weeks,beginning March 17,2020.On March 19, 2020,Governor Gavin Newsom issued a statewide order ordering all individuals living in the State of California (“State”)to stay home or at their place of residence,except as needed to maintain continuity of operation of the federal critical infrastructure sectors.On May 13,2020,the City Council amended and updated the Emergency Proclamation via Resolution No. 57-2020. The County and six other Bay Area jurisdictions have been under a Shelter in Place public health order due to COVID-19 since March 17,2020 and multi-month closure of many of the County’s local businesses is putting a huge financial strain on all industries.On June 17,2020,the San Mateo County Health Officer and the County Health Department announced revised orders to align with State Health Orders allowing for the continued re- opening of businesses,provided that gatherings are not to exceed 50 people,allow for social bubbles, adherence to social distancing requirements,face covering requirements,and requirements for businesses to implement a social distancing protocol and written health and safety plans. As businesses reopen,the Fire Department will continue with its annual inspections for Fire Life Safety Code compliance.On September 23,2020,the City Council adopted a resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to temporarily authorize the City Manager to waive Fire Department inspection fees for restaurant occupancies.Inspection fees for a business in the City are a minimum of $203 and can be up to $800.Factors such as size,operations conducted,number and type of Fire Life Safety systems all impact the fees.These inspection fees are likely to cause an additional financial burden on sectors of the business community facing substantial economic hardship during the COVID -19 pandemic. The City has an important governmental interest in maintaining a healthy,active,and thriving business community and protecting the health,safety,and economic welfare of its citizens and businesses.Therefore, staff recommend that,under the current emergency circumstances,to protect the health,safety and welfare,City of South San Francisco Printed on 10/8/2020Page 1 of 2 powered by Legistar™ File #:20-766 Agenda Date:10/14/2020 Version:1 Item #:15. staff recommend that,under the current emergency circumstances,to protect the health,safety and welfare, while fostering the economic wellbeing of the City's citizens and businesses,City Council temporarily vest authority in the City Manager to determine whether a business has been significantly affected by the COVID- 19 public health orders,requiring those businesses to temporarily close or substantially reduce operations,and to waive inspection fees for those businesses.With the approval of this request,the City Manager will be authorized to waive Fire Department inspection fees for businesses significantly affected by the COVID-19 public health orders until the termination of the City’s Emergency Proclamation. FISCAL IMPACT The average fee associated with Fire Department inspections for Fire Life Safety Code compliance can range from $203 to $800.The impact to fees for service will be related to the number and type of businesses requesting waivers due to significant financial impacts caused by the pandemic and associated health orders. Since the September 23,2020 City Council adoption to amend the proclamation of a local health emergency, the Fire Department has only received one request to waive fees in the amount of $203. CONCLUSION Staff recommends that the City Council approve an amendment to the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to temporarily vest authority in the City Manager to waive Fire Department inspection fees for businesses significantly affected by the COVID-19 public health orders,in order to ease the financial hardship on citizens and businesses until the termination of the City’s Emergency Proclamation. City of South San Francisco Printed on 10/8/2020Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-767 Agenda Date:10/14/2020 Version:1 Item #:15a. Resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35- 2020)to temporarily authorize the City Manager to waive Fire Department inspection fees for businesses significantly affected by the COVID-19 public health orders. WHEREAS,Section 8630,Article 14,of the California Emergency Services Act empowers the City Council to proclaim the existence or threatened existence of a local emergency when the City of South San Francisco (“City”) is affected or likely to be affected by a public calamity; and WHEREAS,Chapter 2.72 of the South San Francisco Municipal Code (“SSFMC”)similarly authorizes the City Manager,serving as the Director of Emergency Services to declare and proclaim,or to request the City Council to declare and proclaim, the existence or threatened existence of a "local emergency"; and WHEREAS,Chapter 2.72 of the SSFMC also authorizes the City Manager,serving as the Director of Emergency Services,to make and issue rules and regulations,on matters reasonably related to the protection of life and property as effected by such emergency;provided,however,such rules and regulations must be confirmed at the earliest practicable time by City Council; and WHEREAS,the City of South San Francisco proclaimed a local State of Emergency related to the Novel Coronavirus (COVID-19)on March 11,2020 via Resolution No.35-2020 (the “Emergency Proclamation”); and WHEREAS,on March 16,2020,seven health officers within six Bay Area counties,including San Mateo County (“County”),took a unified step to slow the spread of COVID-19 and preserve critical health care capacity across the region by issuing a legal order directing their respective residents to shelter at home and limiting activity,travel and business functions to only the most essential needs for three weeks,beginning March 17, 2020; and WHEREAS,on March 19,2020,Governor Gavin Newsom issued a statewide order ordering all individuals living in the State of California (“State”)to stay home or at their place of residence,except as needed to maintain continuity of operation of the federal critical infrastructure sectors; and WHEREAS,on May 13,2020,the City Council amended and updated the Emergency Proclamation via Resolution No. 57-2020; and WHEREAS,the County and six other Bay Area jurisdictions have been under a Shelter in Place public health order due to COVID-19 since March 17,2020 and multi-month closure of many of the County’s local businesses is putting a huge financial strain on all industries; and WHEREAS,on June 17,2020,the San Mateo County Health Officer and the County Health DepartmentCity of South San Francisco Printed on 10/17/2020Page 1 of 3 powered by Legistar™ File #:20-767 Agenda Date:10/14/2020 Version:1 Item #:15a. WHEREAS,on June 17,2020,the San Mateo County Health Officer and the County Health Department announced revised orders to align with State Health Orders allowing for the continued re-opening of businesses,provided that gatherings are not to exceed 50 people,allow for social bubbles,adherence to social distancing requirements,face covering requirements,and requirements for businesses to implement a social distancing protocol and written health and safety plans; and WHEREAS,as businesses reopen,the Fire Department will continue with its annual inspections for Fire Life Safety Code compliance; and WHEREAS,on September 23,2020,the City Council passed a resolution amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to temporarily authorize the City Manager to waive Fire Department inspection fees for restaurant occupancies; and WHEREAS,an inspection fee for a business in the City can range from $203 to $800,depending on factors such as size, operations conducted number and type of Fire Life Safety systems; and WHEREAS,these inspection fees are likely to cause an additional financial burden on sectors of the business community facing substantial economic hardship during the COVID-19 pandemic; and WHEREAS,the City has an important governmental interest in maintaining a healthy,active,and thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS,under the current emergency circumstances,to protect the health,safety and welfare,while fostering the economic wellbeing of the City's citizens and businesses,the City Council finds that it is necessary to temporarily vest authority in the City Manager to determine whether a business has been significantly affected by the COVID-19 public health orders,requiring those businesses to temporarily close or substantially reduce operations, and to waive inspection fees for those businesses; and WHEREAS,except as amended herein,the City Council desires to continue to enforce the other provisions and amendments of the Emergency Proclamation as previously approved and amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that: 1.The above recitals are true and correct and incorporated herein by this reference. 2.The City Manager is hereby temporarily authorized to determine whether a business has been significantly affected by the COVID-19 public health orders,requiring those businesses to temporarily close or substantially reduce operations, and to waive inspection fees for those businesses. 3.Any authorization granted pursuant to this resolution shall be consistent with the requirements set forth in any applicable shelter in place order applicable within San Mateo County. 4.The authority temporarily vested in the City Manager pursuant to this resolution may be delegated by the City Manager to his designee through written delegation of authority signed by the City Manager. 5.All temporary authority vested in the City Manager in this resolution shall remain in effect for the duration of the Emergency Proclamation,as adopted by Resolution No.35-2020,and shall expire upon City of South San Francisco Printed on 10/17/2020Page 2 of 3 powered by Legistar™ File #:20-767 Agenda Date:10/14/2020 Version:1 Item #:15a. the termination of the Emergency Proclamation by the City Council. 6.Except as specifically amended herein,Resolution No.35-2020,as previously amended and updated, shall remain in full force and effect. BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its adoption. ***** City of South San Francisco Printed on 10/17/2020Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-718 Agenda Date:10/14/2020 Version:1 Item #:16. Report regarding an Ordinance adopting a First Amended and Restated Development Agreement (DAA20- 0002)between the City of South San Francisco and BMR Gateway of Pacific V LP for a Research and Development and Office Project at 475 Eccles Avenue.(Billy Gross, Senior Planner) RECOMMENDATION Staff recommends that the City Council waive reading and adopt an Ordinance approving the First Amended and Restated Development Agreement between the City and BMR Gateway of Pacific V LP, and waive further reading. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance.The ordinance is ready for adoption. Ordinance adopting a First Amended and Restated Development Agreement (DAA20-0002)between the City of South San Francisco and BMR Gateway of Pacific V LP for a Research and Development and Office Project at 475 Eccles Avenue. (Introduced on 09/23/20; Vote 5-0) ASSOCIATIONS 1.Final Ordinance (20-719) A.Exhibit A- First Amended and Restated Development Agreement City of South San Francisco Printed on 10/7/2020Page 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 #:20-719 Agenda Date:10/14/2020 Version:1 Item #:16a. Ordinance adopting a First Amended and Restated Development Agreement (DAA20-0002)between the City of South San Francisco and BMR Gateway of Pacific V LP for a Research and Development and Office Project at 475 Eccles Avenue. WHEREAS,BMR Gateway of Pacific V LP (formerly known as BMR-475 Eccles Avenue,LLC)(“Owner”or “Applicant”)received entitlements for a Use Permit,Alternative Landscape Plan,Design Review,and a Transportation Demand Management Plan to authorize the construction of two new 2-story office/R&D buildings totaling 262,287 square feet at an FAR of 1.0 on an approximately 6.1-acre site located at 475 Eccles Avenue (“Project”); and WHEREAS,on July 27,2016,after conducting all proceedings and making all findings necessary for the valid adoption and execution of a development agreement for the Property in accordance with Government Code Sections 65864 through 65869.5,the California Environmental Quality Act (“CEQA”),and Chapter 19.60 of the Municipal Code,the City Council adopted Ordinance No.1522-2016,approving and adopting a development agreement for the property at 475 Eccles Avenue (“Property”); and WHEREAS,Applicant submitted an application requesting approval of a Use Permit Modification,Design Review Modification and Development Agreement Amendment to alter the site plan and exterior appearance of the previously entitled project and to expand the area of property covered by the entitlements to include the adjacent rail spurs property,incorporating the previously entitled project into the adjacent Gateway of Pacific (“GOP”) Campus as GOP Phase 5 (“Revised Project”); and WHEREAS,the City Council certified the 2012 Environmental Impact Report (“2012 EIR”)on July 27,2016 in accordance with the provision of the California Environmental Quality Act (Public Resources Code,§§ 21000,et seq.,“CEQA”)and CEQA Guidelines,which analyzed the potential environmental impacts of the Project; and WHEREAS,pursuant to CEQA Guidelines Section 15164,an addendum to the 2012 EIR was prepared for the Revised Project (“2020 Addendum”)which evaluates whether preparation of a Supplemental or Subsequent EIR or Negative Declaration is required; and WHEREAS,the 2020 Addendum concludes that in accordance with Public Resources Code §21166 and CEQA Guidelines §15162,the implementation of the Revised Project will not cause significant impacts,that it will not trigger any new or more severe impacts than were studied in the previously certified 2012 EIR,that no substantial changes in the project nor circumstances justifying major revisions to the previous EIR have occurred,and that no new information of substantial importance has come to light since the 2012 EIR was certified that shows new or more severe significant impacts nor shows new,different or more feasible mitigation measures; and City of South San Francisco Printed on 10/17/2020Page 1 of 4 powered by Legistar™ File #:20-719 Agenda Date:10/14/2020 Version:1 Item #:16a. WHEREAS,on August 6,2020 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the First Amended and Restated Development Agreement,and recommended that the City Council consider the First Amended and Restated Development Agreement; and WHEREAS,the City Council held a duly noticed public hearing on September 9,2020,which was continued to September 23,2020,to consider the First Amended and Restated Development Agreement,and take public testimony; and WHEREAS,the City Council has considered the environmental impacts and the 2020 Addendum by separate resolution. NOW,THEREFORE,BE IT RESOLVED the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. Findings. That 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,General Plan Environmental Impact Report;the South San Francisco Municipal Code;2012 EIR,and associated Mitigation Monitoring and Reporting Programs;2020 Addendum to the 2012 EIR;the Revised Project applications;the BMR GOP Phase 5 Precise Plan,as prepared by Flad Architects,dated June 8,2020;all site plans,and all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed August 6, 2020 meeting;all site plans,reports,minutes,and public testimony submitted as part of the City Council’s duly noticed public hearing on September 9,2020 which was continued to September 23,2020;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: A.The foregoing recitals are true and correct and made a part of this Ordinance. B.The Exhibit attached to this Ordinance,the proposed First Amended and Restated Development Agreement (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 Chief Planner, Sailesh Mehra. D.The First Amended and Restated 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 campus-style development of office and R&D buildings,is consistent with the consistent with the objectives,policies,general land uses and programs specified in the South San Francisco General Plan and any applicable zoning regulations because the proposed project is an Office/R&D facility that City of South San Francisco Printed on 10/17/2020Page 2 of 4 powered by Legistar™ File #:20-719 Agenda Date:10/14/2020 Version:1 Item #:16a. General Plan and any applicable zoning regulations because the proposed project is an Office/R&D facility that meets the Business and Technology Park general plan land use provisions and programs. E.The First Amended and Restated Development Agreement is compatible with the uses authorized in,and the regulations prescribed for the land use district in which the real property is located because the project provides an office/R&D facility with a campus-style environment.The subject site is physically suitable for the type and intensity of the land use being proposed.The General Plan specifically contemplates the proposed type of project and the suitability of the site for development was analyzed thoroughly in the environmental document prepared for the Project; F.The First Amended and Restated Development Agreement is in conformity with public convenience,general welfare and good land use practice because the amendment enhances the site plan and further improves the pedestrian environment from the public right-of-way. G.The First Amended and Restated Development Agreement will not be detrimental to the health, safety and general welfare because the amendment preserves a campus-like environment and creates pedestrian connections between the broader campus, including a rails-to-trails connection, for employees and visitors. H.The First Amended and Restated Development Agreement will not adversely affect the orderly development of property or the preservation of property valued because the amendment improves the property’s campus-like environment and is consistent with surrounding R&D and office uses. SECTION 2.Approval of Development Agreement A.The City Council of the City of South San Francisco hereby approves the First Amended and Restated Development Agreement with BMR-475 Eccles Avenue LLC,attached hereto as Exhibit A and incorporated herein by reference. B.The City Council further authorizes the City Manager to execute the First Amended and Restated 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,which do not materially or substantially increase the City’s obligations thereunder. 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 hereof irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs,sentences, City of South San Francisco Printed on 10/17/2020Page 3 of 4 powered by Legistar™ File #:20-719 Agenda Date:10/14/2020 Version:1 Item #:16a. 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. ***** City of South San Francisco Printed on 10/17/2020Page 4 of 4 powered by Legistar™ -Development Agreement page 1 of __ - DRAFT 7/21/2020 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) FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND BMR-GATEWAY OF PACIFIC V LP GATEWAY OF PACIFIC PHASE 5 PROJECT SOUTH SAN FRANCISCO, CALIFORNIA Exhibit A - First Amended and Restated Development Agreement -Development Agreement page 2 of __ - FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT Gateway of Pacific Phase 5 Project This FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE GATEWAY OF PACIFIC PHASE 5 PROJECT is dated _______________, 2020 (“Agreement ”), between BMR-GATEWAY OF PACIFIC V LP, a Delaware limited partnership, formerly known as BMR-475 ECCLES AVENUE LLC, a Delaware limited liability company (“Owner”), and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation organized and existing under the laws of the State of California (“City”). Owner and the City are individually referred to herein as a “Party” and collectively referred to herein as “Parties.” R E C I T A L S A.WHEREAS, California Government Code (“Government Code”) Sections 65864 through 65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property or on behalf of those persons having same; and B.WHEREAS, pursuant to Government Code Sect ion 65865, the City has adopted rules and regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code (“Municipal Code” or “SSFMC”), establishing procedures and requirements for adoption and execution of development agreements; and C.WHEREAS, this Agreement concerns eight and nine-tenths (8.9) acres of property consisting of (a) a six and one-tenth (6.1) acre site located at 475 Eccles Avenue, in the East of 101 Area Plan, as shown and more particularly described in Exhibit A, attached (“Approved Property”), and (b) a two and eight-tenths (2.8) acre site formerly occupied by railroad spurs located immediately north of the Approved Property and south of Phases 1 through 4 of the Gateway of Pacific campus, as shown and more particularly described in Exhibit A (“Added Property”). The Approved Property and the Added Property are collectively referred to herein as the “Property”; and D.WHEREAS, Owner has a legal or equitable interest in the Property subject to this Agreement; and E.WHEREAS, on July 27, 2016, the City Council, by Resolution Number 94-2016, approved a conditional use permit to allow Owner to increase the base floor area ratio (“FAR”) from five tenths (0.5) to one (1.0) on the Approved Property based on an approved “Incentives Program” as provided in Municipal Code Section 20.110.003; and F.WHEREAS, on July 27, 2016, the City Council, by Ordinance Number 1 522-2016, approved and adopted that certain Development Agreement between the City and Owner for the 475 Eccles Avenue Life Science Campus Project (“2016 Agreement”) on the Approved Property; and G.WHEREAS, the 2016 Agreement became effective on or about August 26, 2016 (“2016 Effective Date”); and - Development Agreement page 3 of __ - H. WHEREAS, subsequent to the 2016 Effective Date, Owner acquired the Added Property; and I. WHEREAS, subsequent to the 2016 Effective Date, Owner submitted a modified development proposal to the City to permit development of the Property as depicted in the Project Documents, prepared by Flad Architects, BKF Engineers, and CMG Landscape Architecture and attached hereto as Exhibit B; and J. WHEREAS, the modified development proposal for the Gateway of Pacific Phase 5 project, by including the Added Property, enables development of an integrated Gateway of Pacific campus by providing pedestrian and bicycle connections between the Approved Property and the Gateway of Pacific campus to the north; and K. WHEREAS, the modified development proposal also redesigns the site on the Approved Property to integrate it physically and aesthetically with the adjacent Gateway of Pacific campus to the north; and L. WHEREAS, the modified development proposal is 262,287 square feet, as identified in Resolution Number 94-2016 based on the application of an FAR of approximately 1.0 to the Approved Property, and does not include the density that could be available to Owner based on the application of allowable FAR to the Added Property; and M. WHEREAS, by entering into this Agreement, Owner has not waived any right it may have for future additional development on the Property based on the application of allowable FAR to the Property; and N. WHEREAS, this Agreement does not grant a vested right to develop more than the density of the modified development proposal; and O. WHEREAS, concurrently with approval of this Agreement, following review and recommendation by the Planning Commission and after a duly noticed public hearing , the City Council, by Resolution No. ________, approved an amendment to the conditional use permit issued under by Resolution No. 94-2016 to enable development of the modified development proposal; and P. WHEREAS, Owner has requested that the City enter into this Agreement to amend and restate the rights and obligations of the Parties relating to the development of the Property, expand the property subject to this Agreement to include the Added Property, and incorporate approvals of the modified development proposal into this Agreement; and Q. WHEREAS, all proceedings necessary for the valid adoption and execution of this Agreement have taken place in accordance with Government Code Sections 65864 through 65869.5, the California Environmental Quality Act (“CEQA”), and Chapter 19.60 of the Municipal Code; and R. WHEREAS, the City Council and the Planning Commission have found that this Agreement is consistent w ith the objectives, policies, general land uses and programs - Development Agreement page 4 of __ - specified in the South San Francisco General Plan as adopted on October 13, 1999 and as amended from time to time; and S. WHEREAS, on _______________, 2020, the City Council adopted Ordinance No. ______________ approving and adopting this Agreement , and the Ordinance took effect thirty days later. A G R E E M E N T NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code Sections 65864 through 65869.5 and Chapter 19.60 of the Municipal Code and in consideration of the mutual covenants and agreements contained herein, agree as follows: 1. Effective Date Pursuant to Section 19.60.140 of the Municipal Code, notwithstanding the fact that the City Council adopts an ordinance appro ving this Agreement, this Agreement shall be effective and shall only create obligations for the Parties from and after the date that the ordinance approving this Agreement takes effect (“2020 Effective Date”). 2. Duration This Agreement shall expire December 31, 2030. Notwithstanding the foregoing, if litigation against the Owner (or any of its officers, agents, employees, contractors, representatives or consultants) to which the City also is a party should delay implementation or construction on the Property of the “Project” (as defined in Section 3 below), the expiration date of this Agreement shall be extended for a period equal to the length of time from the time the summons and complaint is served on the defendant(s) until the judgment entered by the court is final, and not subject to appeal; provided, however, that the total amount of time for which the expiration date shall be extended as a result of such litigation shall not exceed five (5) years. 3. Project Description; Development Standards For Project The project to be developed on the Property pursuant to this Agreement (the “Project”) shall consist of construction of two new buildings and one parking structure, and exterior landscaping, driveways, pathways, pedestrian amenities, and other related improvements, to be built in one or more phases, to create a connected, pedestrian-friendly, campus-style development, as more particularly described in the Project Documents and as approved by the City Council, provided that the Project also includes any subsequent modifications made by Owner with approval by the Planning Commission or the City Council, so long as such modifications do not increase the maximum amount of square feet permitted to be constructed on the Property (262,287 square feet of gross floor area for the two new buildings). (a) The permitted uses, the density and intensity of uses, the maximum heights, locations and total area of the proposed buildings, the development schedule, the provisions for vehicular access and parking, any reservation or dedication of land, - Development Agreement page 5 of __ - any public improvements, facilities and services, and all environmental impact mitigation measures imposed as approval conditions for the Project , as any such items may be modified under Section 3, above, shall be exclusively those provided in the City Council resolutions required to implement the Project, the 475 Eccles Avenue Environmental Impact Report dated October 26, 2012 (DEIR) and February 2016 (FEIR) (“2016 EIR”), this Agreement, and the applicable ordinances in effect as of the 2016 Effective Date, except as modified in this Agreement. The Project will be redeveloped in one or two phases, at Owner’s election. Each phase of development will adhere to the governing Municipal Code provisions applicable to the Property as of the 2016 Effective Date (except as modified by this Agreement), as well as the Conditions of Approval and the Mitigation Monitoring and Reporting Program set forth in Exhibit C hereto. (b) Subject to Owner’s fulfillment of its obligations under this Agreement, upon the 2020 Effective Date of this Agreement, the City hereby grants to Owner a vested right to develop and construct on the Property all the improvements for the Project authorized by, and in accordance with, the terms of this Agreement and the applicable ordinances in effect as of the 2016 Effective Date. (c) Upon such grant of right, no amendments to the City General Plan, the City Zoning Code, the Municipal Code, or other City ordinances, policies or regulations in effect as of the 2016 Effective Date shall apply to the Project, except such modifications that are not in conflict with and do not prevent implementation of the Project ; provided, however, that nothing in this Agreement shall prevent or preclude the City from adopting any land use regulations or amendments expressly permitted herein or otherwise required by State or Federal Law. (d) Owner shall cause the Project to be submitted for certification pursuant to the Leadership in Energy and Environmental Design (“LEED”) Green Building Rating System of the U.S. Green Building Council or other industry equivalent agency. Owner shall use good faith efforts to achieve a “Silver” (or higher) rating, pursuant to the LEED Green Building Rating System; provided, however, that Owner shall not be in default under this Agreement if, notwithstanding Owner’s good faith efforts, the Project does not receive a “Silver” (or higher) rating. (e) Upon completion of Project improvements within the Added Property, Owner shall execute and have recorded, at no cost to the City, a shared access easement substantially in the form attached hereto as Exhibit E, on the terms and at the location described therein (“Public Trail Easement Agreement”). 4. Permits for Project All required permits for the Project shall comply with all applicable Uniform Codes, the Municipal Code in effect as of the 2016 Effective Date, CEQA requirements (including any required mitigation measures) and Federal and State Laws. - Development Agreement page 6 of __ - 5. Vesting of Approvals Upon the City’s approval of this Agreement, the approval shall be vested in Owner and its successors and assigns for the term of this Agreement, provided that the successors and assigns comply with the terms and conditions of the Agreement, including, but not limited to, submission of insurance certificates and bonds for the grading of the Property and construction of improvements. 6. Cooperation Between Parties in Implementation of this Agreement It is the Parties’ express intent to cooperate with one another and diligently work to implement all land use and building approvals for development of the Property in accordance with the terms of this Agreement. Accordingly, Owner and the City shall proceed in a reasonable and timely manner, in compliance with the deadlines mandated by applicable agreements, statutes or ordinances, to complete all steps necessary for implementation of this Agreement and development of the Property in accordance with the terms of this Agreement. The City shall proceed in an expeditious manner to complete all actions required for the development of the Project, including, but not limited to, the following: (a) Scheduling all required public hearings by the City Council and City Planning Commission; and (b) Processing and checking all maps, plans, permits, building plans and specifications and other plans relating to development of the Property filed by Owner or its nominee, successor or assign as necessary for development of the Property, and inspecting and providing acceptance of or comments on work by Owner that requires acceptance or approval by the City. Owner, in a timely manner, shall provide the City with all documents, applications, plans and other information necessary for t he City to carry out its obligations hereunder and to cause its planners, engineers and all other consultants to submit in a timely manner all necessary materials and documents. 7. Acquisition of Other Property; Eminent Domain In order to facilitate and insure development of the Project in accordance with the City Council’s approval, the City may assist Owner, at Owner’s request and at Owner’s sole cost and expense, in acquiring any easements or properties necessary for the satisfaction and completion of any o ff-site components of the Project required by the City to be constructed or obtained by Owner in the C ity’s approval of the Project, in the event Owner is unable to acquire such easements or properties or is unable to secure the necessary agreements with t he applicable property owners for such easements or properties. Owner expressly acknowledges that the City is under no obligation to use its power of Eminent Domain. - Development Agreement page 7 of __ - 8. Maintenance Obligations on Property All of the Property subject to this Agreement shall be maintained by Owner or its successors and assigns in perpetuity in accordance with City requirements to prevent accumulation of litter and trash, to keep weeds abated, to provide erosion control, and to comply with other requirements set forth in the Mu nicipal Code, subject to City approval as permitted or required by the Municipal Code. (a) If Owner subdivides the property or otherwise transfers ownership of a parcel or building in the Project to any person or entity such that Owner, or Owner’s member, partner, parent, or subsidiary, no longer owns a majority interest in a parcel or building in the Project, Owner shall first establish an Owner’s Association and submit Conditions, Covenants and Restrictions (“CC&Rs”) to the City for review and appro val by the City Attorney not to be unreasonably withheld, conditioned or delayed (provided, however, that if such transfer arises from a Mortgage Transfer Event (as defined in Section 30 below), then such Association shall be established and CC&Rs shall be submitted as soon as reasonably practicable after such Mortgage Transfer Event). Said CC&Rs shall satisfy the requirements of Section 19.36.040 of the Municipal Code. (b) Any provisions of said CC&Rs governing the Project relating to the maintenance obligations under this section shall be enforceable by the City. 9. New Taxes Any subsequently enacted City-wide taxes shall apply to the Property, provided that: (i) the application of such taxes to the Property is prospective; and (ii) the application of such taxes would not prevent development in accordance with this Agreement. 10. Assessments 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. 11. Additional Conditions Owner shall comply with all of the following requirements: (a) Fees. Owner shall not be responsible for any fees imposed by the City in connection with the development and construction of the Project, except as outlined in Exhibit D attached hereto and incorporated herein. No fee requirements (other than those identified herein) imposed by the City on or after the 2016 Effective Date and no changes to then-existing fee requirements (except those already subject to periodic adjustments as specified in the adopting or implementing resolutions and ordinances) that occurred or occur on or after the 2016 Effective Date shall apply to the Project. Any application, processing, - Development Agreement page 8 of __ - administrative, legal and inspection fees that are revised during the term of this Agreement shall apply to the Project provided that (i) such fees have general applicability; (ii) the application of such fees to the Property is prospective; and (iii) the application of such fees would not prevent development in accordance with this Agreement. (b) Transportation Demand Management Plan. Owner shall prepare an annual Transportation Demand Management (TDM) report, and submit same to City, to document the effectiveness of the TDM plan in achieving the goal of 35% alternative mode usage by employees within the Project when the Project is built out to a 1.0 FAR or less. The TDM report will be prepared by an independent consultant, retained by City with the approval of Owner (which approval shall not be unreasonably withheld or delayed) and paid for by Owner, which consultant will work in concert with Owner’s TDM coordinator. The TDM report will include a det ermination of historical employee commute methods, which information shall be obtained by survey of all employees working in the redeveloped buildings on the Property. All non-responses to the employee commute survey will be counted as a drive alone trip. TDM monitoring shall be required and conducted pursuant to South San Francisco Municipal Code, Chapter 20.400, as that Chapter may be revised, amended, or reorganized from time to time. 1) TDM Reports: The initial TDM report for each redeveloped building on the Property will be submitted two (2) years after the granting of a certificate of occupancy with respect to the building, and this requirement will apply to all of the redeveloped buildings on the Property except the parking facilit y. The second and all later reports with respect to each building shall be included in an annual comprehensive TDM report submitted to City covering all of the redeveloped buildings on the Property which are submitting their second or later TDM reports. 2) Report Requirements: The goal of the TDM program is to encourage alternative mode usage, as defined in Chapter 20.400 of the South San Francisco Municipal Code. The initial TDM report shall either: (1) state that the applicable property has achieved the Targeted Alternative Mo de Usage, based on the number of employees in the redeveloped buildings at the time, providing supporting statistics and analysis to establish attainment of the goal; or (2) state that the applicable property has not achieved the Targeted Alternative Mode Usage, providing an explanation of how and why the goal has not been reached, and a description of additional measures that will be adopted in the coming year to attain the Targeted Alternative Mode Usage. 3) Penalty for Non-Compliance: If after the initial TDM report, subsequent annual reports indicate that, in spite of the changes in the TDM plan, the Targeted Alternative Mode Usage is still not being achieved, or if Owner - Development Agreement page 9 of __ - fails to submit such a TDM report at the times described above, City may assess Owner a penalty in the amount of Fifteen Thousand Dollars ($15,000.00) per year for each percentage point that the actual alternative mode usage is below the Targeted Alternative Mode Usage goal. i. In determining whether a financial penalty is appropriate, City ma y consider whether Owner has made a good faith effort to meet the TDM goals. ii. If City determines that Owner has made a good faith effort to meet the TDM goals but a penalty is still imposed, and such penalty is imposed within the first three (3) years of the TDM plan (commencing with the first year in which a penalty could be imposed), such penalty sums, in the City’s sole discretion, may be used by Owner toward the implementation of the TDM plan instead of being paid to City. If the penalty is used to implement the TDM Plan, an Implementation Plan shall be reviewed and approved by the City prior to expending any penalty funds. iii. Notwithstanding the foregoing, the amount of any penalty shall bear the same relationship to the maximum penalty as the completed construction to which the penalty applies bears to the maximum amount of square feet of Office, Commercial, Retail and Research and Development use permitted to be constructed on the Property. For example, if there is 200,000 square feet of completed construction on the Property included within the TDM report with respect to which the penalty is imposed, the penalty would be determined by multiplying Fifteen Thousand Dollars ($15,000.00) times a fraction, the numerator of which is 200,000 square feet and the denominator of which is the maximum amount of square feet of building construction, excluding parking facilities, permitted on the Property; this amount would then be multiplied by the number of percentage points that the actual alternative mode usage is below the Targeted Alternative Mode Usage goal. iv. The provisions of this section are incorporated as Conditions of Approval for the Project and shall be included in the approved TDM for the Project. (c) EIR. The Parties will adhere to the Conditions of Approval for the Project and the Mitigations which result from the 2016 EIR and Mitigation Monitoring and Reporting Program (attached as Exhibit C). Entitlement review for future Project phases will be limited in scope, so long as consistent with the 2016 EIR and the Project Documents. - Development Agreement page 10 of __ - (d) Climate Action Plan. The Project shall comply with the City of South San Francisco Climate Action Plan Adopted February 13, 2014 (the “CAP”). The applicable measures from the CAP are as follows: 1) Measure 2.1, Action 5 (provide conduit for future electric vehicle c harging installations); 2) Measure 3.4, Action 1 (encourage high-albedo surfaces, as identified in voluntary CALGreen standards); 3) Measure 4.1, Action 2 (requiring construction of new nonresidential conditioned space 5,000 square feet or more to comply with one of the following standards: (i) Meet a minimum of 50% of modeled building electricity needs with on-site renewable energy sources; (ii) participate in a power purchase agreement to offset a minimum of 50% of modeled building electricity use; (iii) comply with CALGreen Tier 2 energy efficiency requirements to exceed mandatory efficiency requirements by 20% or more.) To comply with this Measure 4.1, Action 2, the Project must demonstrate that it is projected to achie ve the CAP target of a 50% or 20% reduction (or offset) below the energy demand that would result if the Project were built under the assumptions used in the CAP’s Adjusted Business As Usual (ABAU) projections. 4) Measure 4.1, Action 3 (install conduit to accommodate wiring for solar); and 5) Measure 6.1, Action 2 (Revitalize implementation and enforcement of the Water Efficient Landscape Ordinance by undertaking one of the following: (i) establishing a varia ble-speed pump exchange for water features; (ii) limiting turf area in commercial and large multi-family projects; (iii) restricting hours of irrigation to occur between 3:00 a.m. and two hours after sunrise; (iv) installing irrigation controllers with rain sensors; (v) landscaping with native, water-efficient plants; (vi) installing drip irrigation systems; (vii) reducing impervious surfaces. 12. Indemnity Owner agrees to indemnify, defend (with counsel selected by the City subject to the reasonable approval of Owner) and hold harmless the City, and its elec ted and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by Owner, or any actions or inactions of Owner’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Owner sha ll have no indemnification obligation - Development Agreement page 11 of __ - with respect to gross negligence or willful misconduct of the City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any public improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). 13. Interests of Other Owners Owner has no knowledge of any reason why Owner, and any other persons holding legal or equitable interests in the Property as of the 2020 Effective Date, will not be bound by this Agreement. 14. Assignment (a) Right to Assign. Owner may at any time or from time to time transfer its right, title or interest in or to all or any portion of the Proper ty. In accordance with Government Code Section 65868.5, the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to Owner. As a condition precedent to any such transfer, Owner shal l require the transferee to acknowledge in writing that the transferee has been informed, understands and agrees that the burdens and benefits under this Agreement relating to such transferred property shall be binding upon and inure to the benefit of the transferee. (b) Notice of Assignment or Transfer. No transfer, sale or assignment of Owner’s rights, interests and obligations under this Agreement shall occur without prior written notice to the City and approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide the matter within ten (10) days after Owner’s notice, provided all necessary documents, certifications and other information evidencing the ability of the transferee’s ability to perform under this Agreement, are provided to the City Manager. (c) Exception for Notice. Notwithstanding Section 14(b), Owner may at any time, upon notice to the City but without the necessity of any approval by the City, transfer the Property or any part thereof and all or any part of Owner’s rights, interests and obligations under this Agreement: (i) to any subsidiary, affiliate, parent or other entity which controls, is controlled by or is under common control with Owner, (ii) to any member or partner of Owner or any subsidiary, parent or affiliate of any such member or partner, (iii) to any successor or successors to Owner by merger, consolidation, non-bankruptcy reorganization or government action, or (iv) as a result of a Mortgage Transfer Event (as defined in Section 30, below). As used in this subsection, “control” shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies, whether through the ownership of voting securities, partnership interest, contracts (other than those that transfer Owner’s interest in the property to a third party not specifically identified in this subsection) or otherwise. - Development Agreement page 12 of __ - (d) Release Upon Transfer. Upon the transfer, sale, or assignment of all of Owner’s rights, interests and obligations under this Agreement pursuant to Section 14(a), Section 14(b) or Section 14(c) of this Agreement, Owner shall be released from the obligations under this Agreement, with respect to the Property, or portion thereof, transferred, sold, or assigned, arising subsequent to the date of the City Manager’s approval of such transfer, sale, o r assignment or the effective date of such transfer, sale or assignment, whichever occurs later; provided, however, that if any transferee, purchaser or assignee approved by the City Manager expressly assumes any right, interest or obligation of Owner under this Agreement, Owner shall be released with respect to such rights, interests and assumed obligations. In any event, the transferee, purchaser or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certific ations and other necessary information prior to City Manager approval, where such approval is required as set forth in Section 14(b), above. (e) Owner’s Right to Retain Specified Rights or Obligations. Notwithstanding Section 14(a) and Section 14(c), Owner may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which Owner shall retain, provided that Owner specifies such rights, interests and/or obligations in a written document to be appended to or maintained with this Agreement and recorded with the San Mateo County Recorder prior to or concurrently with the sale, transfer or assignment. Owner’s purchaser, transferee or assignee shall then have no interest in or obligations for such retained rights, interests and obligations and this Agreement shall remain applicable to Owner with respect to such retained rights, interests and/or obligations. (f) Time for Notice. Within ten (10) days of the date escrow closes on any such transfer, Owner shall notify the C ity in writing of the name and address of the transferee. Said notice shall include a statement as to the obligations, including any mitigation measures, fees, improvements or other conditions of approval, assumed by the transferee. Any transfer which do es not comply with the notice requirements of this Section and Section 14(b) shall not release Owner from its obligations to the City under this Agreement until such time as the City is provided notice in accordance with Section 14(b). 15. Insurance (a) Commercial General Liability Insurance. At all times that Owner is constructing any portion or phase of the Project, or any improvement related to any portion or phase of the Project, Owner shall maintain in effect a policy of commercial general liability insurance with a per-occurrence combined single limit of not less than ten million dollars ($10,000,000.00). With the exception of workers’ compensation and employer’s liability, this insurance shall include City as an additional insured to the extent liability is caused by work or operations performed by or on behalf of Owner. - Development Agreement page 13 of __ - (b) Workers Compensation Insurance. At all times that Owner is constructing any portion or phase of the Project, or any improvement related to any portion or phase of the Project, Owner shall maintain Worker’s Compensation insurance for all persons employed by Owner for work at the Project site. Owner shall require each contractor and subcontractor similarly to provide Worker’s Compensation insurance for its respective employees. Owner agrees to indemnify the City for any damage resulting from Owner’s failure to maintain any such required insurance. (c) Evidence of Insurance. Prior to commencement of any construction of any portion or phase of the Project, or any improvement related to any portion or phase of the Project, Owner shall furnish the City satisfactory evidence of the insurance required in subsections (a) and (b). 1) In the event of a reduction (below the limits required in this Agreement) or cancellation in coverage, or an adverse material change in insurance coverage and limits required in this Agreement, Owner shall, prior to such reduction, cancellation or change, provide at least ten (10) days’ prior written notice to the City, regardless of any notification by the applicable insurer. If the City discovers that the policies have been cancelled or reduced below the limits required in this Agreement and no notice has been provided by either insurer or Owner, said failure shall constitute a material breach of this Agreement. 2) In the event of a reduction (below the limits required by this Agreement) or cancellation in coverage, Owner shall have five (5) days in which to provide evidence of the required coverage during which time no persons shall enter the Property to construct improvements thereon, including construction activities related to the landscaping and common improvements. Additionally, no persons not emplo yed by existing tenants shall enter the Property to perform such work until such time as the City receives evidence of substitute coverage. 3) If Owner fails to obtain substitute coverage within ten (10) days, the City may obtain, but is not required to obtain, substitute coverage and charge Owner the cost of such coverage plus an administrative fee equal to ten percent (10%) of the premium for said coverage. (d) The insurance shall include the City, its elective and appointive boards, commissions, officers, agent s, employees and representatives as additional insureds on the policies. 16. Covenants Run With the Land The terms of this Agreement are legislative in nature, and apply to the Property as regulatory ordinances. During the term of this Agreement, all of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this - Development Agreement page 14 of __ - Agreement shall run with the land and shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons or entities acquiring the Property, any lot, parcel or any portion thereof, and any interest therein, whether by sale, operation of law or other manner, and they shall inure to the benefit of the Parties and their respective successors. 17. Conflict With State or Federal Law In the event that State or Federal laws or regulations, enacted after the 2020 Effective Date, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified (in accordance with Section 18 set forth below) or suspended as may be necessary to comply with such State or Federal laws or regulations. Notwithstanding the foregoing, Owner shall have the right to challenge, at its sole cost, in a court of competent jurisdiction, the law or regulation preventing compliance with the terms of this Agreement and, if the challenge in a court of competent jurisdiction is successful, this Agreement shall remain unmodified and in full force and effect. 18. Procedure for Modification Because of Conflict With State or Federal Laws In the event that State or Federal laws or regulations enacted after the 2020 Effective Date prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such State or Federal law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 19.60 of the Municipal Code. 19. Periodic Review (a) During the term of this Agreement, the City shall conduct “annual” and/or “special” reviews of Owner’s good faith compliance with the terms and conditions of this Agreement in accordance with the procedures set forth in Chapter 19.60 of the Municipal Code. The City may recover from Owner reasonable costs incurred in conducting said review, including staff time expended and reasonable attorneys’ fees. (b) At least five (5) calendar days prior to any hearing on any annual or special review, the City shall mail Owner a copy of all staff reports and, to the extent practical, related exhibits. Owner shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the City Council or, if the matter is referred to the Planning Commission, then before said Commission. Following completion of any annual or special review, the City shall give Owner a written Notice of Action, which Notice shall include a determination, based upon information known or made known to the City Council or the City’s Planning Director as of the date of such review, whether Owner is in - Development Agreement page 15 of __ - default under this Agreement and, if so, the alleged nature of the default, a reasonable period to cure such default, and suggested or potential actions that the City may take if such default is not cured by Owner. 20. Amendment or Cancellation of Agreement This Agreement may be further amended or terminated only in writing and in the manner set forth in Government Code Sections 65865.1, 65867.5, 65868, 65868.5 and Chapter 19.60 of the Municipal Code. 21. Agreement is Entire Agreement This Agreement and all e xhibits attached hereto or incorporated herein contain the sole and entire agreement between the Parties concerning Owner’s entitlements to develop the Property. The Parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery hereof, except representations set forth herein, and each Party acknowledges that it has relied on its own judgment in entering this Agreement. The Parties further acknowledge that all statements or representations that heretofore may have been made by either of them to the other are void and of no effect, and that neither of them has relied thereon in its dealings with the other. 22. Events of Default Failure by either Party to perform any material term or provision of this Agreement shall constitute a default. Owner shall also specifically be in default under this Agreement upon the happening of one or more of the following events: (a) If a warranty, representation or statement made or furnished by Owner to the City is false or proves to have been false in any material respect when it was made; or, (b) A finding and determination by the City made following an annual or special review under the procedure provided for in Government Code Section 65865.1 and Chapter 19.60 of the Municipal Code that, upon the basis of substantial evidence, Owner has not complied in good faith with the terms and conditions of this Agreement; or, (c) Owner fails to fulfill any of its obligations set forth in this Agreement and such failure continues beyond any applicable cure period provided in this Agreement. This provision shall not be interpreted to create a cure period for any event of default where such cure period is not specifically provided for in this Agreement. 23. Procedure Upon Default (a) Upon the occurrence of an event of default, either Party may terminate or modify this Agreement in accordance with the provisions of Government Code Section 65865.1 and of Chapter 19.60 of the Municipal Code, provided Section 23(e) has been complied with. - Development Agreement page 16 of __ - (b) The City shall not be deemed to have waived any claim of defect in Owner’s performance if, on annual or special review, the City does not propose to terminate this Agreement. (c) No waiver or failure by the City or Owner to enforce any provision of this Agreement shall be deemed to be a waiver of any provision of this Agreement or of any subsequent breach of the same or any other provision. (d) Any actions for breach of this Agreement shall be decided in accordance with California law. The remedy for breach of this Agreement shall be limited to specific performance and attorneys’ fees as provided in Section 24(a). (e) The non-defaulting Party shall give the defaulting Party written notice of any default under this Agreement, and the defaulting Party shall have thirty (30) days after the date of the notice to cure the default or to reasonably commence the procedures or actions needed to cure the default; provided, however, that if such default is not capable of being cured within such thirty (30) day period, the defaulting Party shall have such additional time to cure as is reasonably necessary. 24. Attorneys’ Fees and Costs (a) Action by Party. If legal action by either Party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing Party is entitled to reasonable attorneys’ fees and court costs. (b) Action by Third Party. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project approvals, the Parties shall cooperate in defending such action. Owner shall bear its own costs of defense as a real party in interest in any such action, and 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. 25. Severability If any material term or condition of this Agreement is for any reason held by a final judgment of a court of competent jurisdiction to be invalid, and if the same constitutes a material change in the consideration for this Agreement, then either Party may elect in writing to invalidate this entire Agreement, and thereafter this entire Agreement shall be deemed null and void and of no further force or effect following such election. 26. No Third Parties Benefited No person other than the City, Owner, or their respective successors is intended to or shall have any right or claim under this Agreement, this Agreement being for the sole benefit and protection of the Parties and their respective successors. Similarly, no - Development Agreement page 17 of __ - amendment or waiver of any provision of this Agreement shall require the consent or acknowledgment of any person not a party or successor to this Agreement. 27. Binding Effect of Agreement The provisions of this Agreement shall bind and inure to the benefit of the Parties originally named herein and their respective successors and assigns. 28. Relationship of Parties It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Owner and that Owner is not an agent of the City. The Parties do not intend to create a partnership, joint venture or any other joint business relationship by this Agreement. The City and Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be constru ed as making the City and Owner joint venturers or partners. Neither Owner nor any of Owner’s agents or contractors are or shall be considered to be agents of the City in connection with the performance of Owner’s obligations under this Agreement. 29. Bankruptcy The obligations of this Agreement shall not be dischargeable in bankruptcy. 30. Mortgagee Protection: Certain Rights of Cure (a) Mortgagee Protection. Owner may encumber its interest in the Property to secure a loan made to Owner and collaterally assign its rights under this Agreement in connection with such loan without the consent of the City, subject to the terms and conditions of this Section 30. This Agreement shall be superior and senior to all liens placed upon the Property or any portion thereof aft er the date on which this Agreement or a memorandum of this Agreement is recorded with the San Mateo County Recorder, including the lien of any deed of trust or mortgage (“Mortgage”). Notwithstanding the foregoing, no breach hereof shall defeat, invalidate, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against all persons and entities, including all deed of trust beneficiaries or mortgagees (“Mortgagees”), who acquire title to the Property or any portion thereof by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise as a result of a default under a Mortgage (a “Mortgage Transfer Event ”). Owner shall deliver written notice to the City within fourteen (14) days after recording any Mortgage against the Property, including the address for notices to the Mortgagee. (b) Mortgagee Not Obligated. No Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of any improvements required by this Agreement, or to pay for or guarantee construction or completion thereof. The City, upon receipt of a written request therefor from a Mortgagee - Development Agreement page 18 of __ - upon or after Owner’s default under a Mortgage, shall permit the Mortgagee to succeed to the rights and obligations of Owner under this Agreement, provided that all defaults by Owner hereunder that are reasonably susceptible of being cured are cured by the Mortgagee as soon as is reasonably possible. The Mortgagee thereafter shall comply with all of the provisions of this Agreement. (c) Notice of Default to Mortgagee. If the City receives notice from a Mortgagee requesting a copy of any notice of default given to Owner hereunder and specifying the address for service thereof, the City shall deliver to the Mortgagee concurrently with service thereof to Owner, all notices given to Owner describing all claims by the City that Owner has defaulted hereunder. If the City determines that Owner is in noncompliance with this Agreement, the City also shall serve notice of noncompliance on the Mortgagee, concurrently with service thereof on Owner. Until such time as the lien of the Mortgage has been extinguished, the City shall: 1) Take no action to terminate t his Agreement or exercise any other remedy under this Agreement, unless the Mortgagee shall fail, within thirty (30) days of receipt of the notice of default or notice of noncompliance, to cure or remedy or commence to cure or remedy such default or noncompliance; provided, however, that if such default or noncompliance is of a nature that cannot be remedied by the Mortgagee or is of a nature that can only be remedied by the Mortgagee after such Mortgagee has obtained possession of and title to the Property, by deed-in-lieu of foreclosure or by foreclosure or other appropriate proceedings, then such default or noncompliance shall be deemed to be remedied by the Mortgagee if, within ninety (90) days after receiving the notice of default or notice of noncompliance from the City, (i) the Mortgagee shall have acquired title to and possession of the Property, by deed-in-lieu of foreclosure, or shall have commenced foreclosure or other appropriate proceedings, and (ii) the Mortgagee diligently prosecutes any such foreclosure or other proceedings to completion. 2) If the Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings by reason of any process or injunction issued by any court or by reason of any action taken by any court having jurisdiction over any bankruptcy or insolvency proceeding involving Owner, then the times specified above for commencing or prosecuting such foreclosure or other proceedings shall be extended for the period of such prohibition. (d) Performance by Mortgagee. Each Mortgagee shall have the right, but not the obligation, at any time prior to termination of this Agreement, to do any act or thing required of Owner under this Agreement, and to do any act or thing not in violation of this Agreement, that may be necessary or proper in order to prevent termination of this Agreement. All things so done and performed by a Mortgagee shall be as effective to prevent a termination of this Agreement as the same would - Development Agreement page 19 of __ - have been if done and performed by Owner instead of by the Mortgagee. No action or inaction by a Mortgagee pursuant to this Agreement shall relieve Owner of its obligations under this Agreement. No performance by or on behalf of a Mortgagee shall cause it to become a “mortgagee-in-possession” or otherwise cause it to be deemed to be in possession of the Property or bound by or liable under this Agreement unless it becomes an Owner of the Property. In the event a Mortgagee becomes an Owner, such Mortgagee shall not be liable for any obligation hereunder of any previous Owner of the Property that arose prior to the time such Mortgagee became an Owner of the Property, except for (a) continuing non-monetary obligations that are capable of cure by Mortgagee and (b) monetary obligations for which the City provided a notice of default to Owner under Section 24(e) and, if applicable, to Mortgagee under Section 31(c), and neither Owner nor such Mortgagee thereafter cured such default of Owner’s monetary obligation. (e) Mortgagee’s Consent to Modifications. Subject to the sentence immediately following, the City shall not consent to any amendment or modification of this Agreement unless Owner provides the City with written evidence of each Mortgagee’s consent, which consent shall not be unreasonably withheld , to the amendment or modification of this Agreement being sought. Each Mortgagee shall be deemed to have consented to such amendment or modification if it does not object to the City by written notice given to the City within thirty (30) days from the date written notice of such amendment or modification is given by the City or Owner to the Mortgagee, reasonable evidence of the delivery of which notice shall be provided to the City if given only by Owner. 31. Estoppel Certificate Either Party from time to time may deliver written notice to the other Party requesting written certification that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and constitutes a binding obligation of the Parties; (ii) this Agreement has no t been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature of the amendments or modifications; and (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature and monetary amount, if any, of the default. A Party receiving a request hereunder shall endeavor to execute and return the certificate within ten (10) days after receipt thereof, and shall in all eve nts execute and return the certificate within thirty (30) days after receipt thereof. However, a failure to return a certificate within ten (10) days shall not be deemed a default of the Party’s obligations under this Agreement and no cause of action shal l arise based on the failure of a Party to execute such certificate within ten (10) days. The City Manager shall have the right to execute the certificates requested by Owner hereunder. The City acknowledges that a certificate hereunder may be relied upo n by permitted transferees and Mortgagees. At the request of Owner, the certificates provided by the City establishing the status of this Agreement with respect to any lot or parcel shall be in recordable form, and Owner shall have the right to record the certificate for the affected portion of the Property at its cost. - Development Agreement page 20 of __ - 32. Force Majeure Notwithstanding anything to the contrary contained herein, either Party shall be excused for the period of any delay in the performance of any of its obligations hereunder, e xcept the payment of money, when prevented or delayed from so doing by certain causes beyond its control, including, and limited to, major weather differences from the normal weather conditions for the South San Francisco area, war, acts of God or of the p ublic enemy, fires, explosions, floods, earthquakes, epidemics, pandemics, invasions by non- United States armed forces, failure of transportation due to no fault of the Parties, unavailability of equipment, supplies, materials or labor when such unavailabi lity occurs despite the applicable Party’s good faith efforts to obtain same (good faith includes the present and actual ability to pay market rates for said equipment, materials, supplies and labor), strikes of employees other than Owner’s, freight embarg oes, sabotage, riots, acts of terrorism and acts of the government (other than City) and/or a material adverse change in the financial and commercial real estate demand markets, conditions which indicate an insufficient economic return, including resource scarcities that make construction prohibitively expensive and/or the inability of Owner to obtain funds for the Project, due to the financial marketplace, (other than Owner’s inability to obtain financing related to Owner’s financial condition) and are beyond the control or without the fault of the Party claiming an extension of time. The Party claiming such extension of time to perform shall send written notice of the claimed extension to the other Party within thirty (30) days from the commencement of the cause entitling the Party to the extension. 33. Rules of Construction and Miscellaneous Terms (a) The singular includes the plural; the masculine gender includes the feminine; “shall” is mandatory, “may” is permissive. (b) Time is and shall be of the essence in this Agreement. (c) Where a Party consists of more than one person, each such person shall be jointly and severally liable for the performance of such Party’s obligation hereunder. (d) The captions in this Agreement are for convenience only, are not a part of this Agreement and do not in any way limit or amplify the provisions thereof. (e) This Agreement shall be interpreted and enforced in accordance with the laws of the State of California in effect on the date thereof. (f) This Agreement may be executed in multiple originals, each of which is deemed an original, and may be signed in counterparts. 34. Exhibits Exhibits to this Agreement, including the following, are all incorporated into this Agreement by reference, as if set forth fully herein. - Development Agreement page 21 of __ - Exhibit A — Legal Description and Map of Property Exhibit B — Project Documents Exhibit C — Conditions of Approval and EIR Mitigation and Monitoring Program Exhibit D — Applicable City Laws/Fees Exhibit E — Form of Public Trail Easement Agreement 35. Notices All notices required or provided for under this Agreement shall be in writing and delivered in person (to include delivery by courier) or sent by certified mail, postage prepaid, return receipt requested or by overnight delivery service. Notices to the Parties shall be addressed as follows: City: City Clerk P.O. Box 711 South San Francisco, CA 94083 With a copy to: Meyers Nave 555 12th Street, 15th Floor Oakland, CA 94607 Attn: Sky Woodruff, City Attorney Owner: BMR-Gateway of Pacific V LP 17190 Bernardo Center Drive San Diego, CA 92128 Attn: Vice President, Legal With a copy to: Perkins Coie LLP 505 Howard Street, Suite 1000 San Francisco, CA 94105 Attn: Cecily Barclay A party may change its address for notice by giving notice in writing to the o ther party and thereafter notices shall be addressed and transmitted to the new address. *************************************************************************** - Development Agreement page 22 of __ - IN WITNESS WHEREOF this Agreement has been executed by the Parties on the day and year fir st above written. CITY: CITY OF SOUTH SAN FRANCISCO By: __________________________ Name: __________________________ Its: City Manager ATTEST: __________________________ City Clerk APPROVED AS TO FORM: __________________________ City Attorney OWNER: BMR-GATEWAY OF PACIFIC V LP By: ___________________________ Name: ___________________________ Its: ___________________________ 147956747.7 Exhibit A Legal Description and Map of Property Exhibit B Project Documents Exhibit C Conditions of Approval and EIR Mitigation and Monitoring Program Exhibit D Applicable City Laws/Fees Exhibit E Form of Public Trail Easement Agreement DRAFT 7/24/2020 EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: The City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attention: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 PUBLIC TRAIL EASEMENT AGREEMENT This Easement Agreement (“Agreement”) is made on ___________, 2020, by and between BMR-Gateway of Pacific V LP, a Delaware limited partnership (“Grantor”), and the City of South San Francisco, a municipal corporation (“Grantee”). Grantor and Grantee shall hereinafter be referred to collectively as the “Parties” and each individually as a “Party.” RECITALS A. Grantor is the owner of that certain real property situated in the City of South San Francisco, State of California, commonly known as Phase 5 of the Biomed Gateway of Pacific Campus, South San Francisco, California, as shown and legally described in the a ttached Exhibit A (Grantor’s Property). B. Grantor has constructed certain improvements on Grantor’s Property, located immediately south of the existing Gateway of Pacific Campus, which improvements include two office/R&D buildings, a parking structure, lan dscaping and interconnected pedestrian and bicycle paths, commonly known as GOP Phase 5 (the “Project”). The Project includes a two and eight-tenths (2.8) acre site formerly occupied by railroad spurs, located along the north edge of the Project and south of the Gateway of Pacific Campus. C. Grantor and Grantee have executed a First Amended and Restated Development Agreement (Recorded Document No. _________) (“Development Agreement”), dated __________, which sets forth certain rights and obligations of the Parties with respect to the Project. D. Pursuant to Section 3 of the Development Agreement, Grantor is required to provide an easement for public use of the trail corridor over a portion of Grantor’s Property that will become a part of Grantee’s “Rails to Trails” plan connecting Forbes Avenue (west of the Project) to Oyster Point Boulevard (east of the Project) within the City of South San Francisco, in the approximate location shown in the attached Exhibit B (“Easement Area”), on the terms and conditions described in this Agreement . E. Grantor and Grantee are executing this Agreement to memorialize the grant of easement and set forth the terms and conditions related thereto. NOW, THEREFORE, for valuable consideration, the receipt of whi ch each of the parties hereto does hereby acknowledge, the parties hereto do hereby agree as follows: DRAFT 7/24/2020 - 2 - EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 AGREEMENT 1. Grant of Easement. Subject to the provisions of this Agreement, Grantor hereby grants to Grantee a nonexclusive shared use easement for public pedestrian and non-vehicular transportation use (“Shared Use Access”) over and across the Easement Area (“Shared Use Trail Easement”). Shared Use Access includes walking, running and other means of non - vehicular transportation such as use of skateboards, scooters, motor assisted bicycles and similar modes of transportation, as well as resting and viewing on benches that will be located within the Easement Area. Shared Use Access does not include use of motorcycles, automobiles, trucks, vans or similar vehicles. The Easement Area shall be free of any obstructions, except for those specific architectural, utility and/or safety features that may be approved by Grantee in writing. 2. Execution and Recording of Easement Agreement . Grantor shall execute this Agreement and grant to the Grantee the Shared Use Trail Easement upon completion of construction of the Project, including construction of the pedestrian and bicycle trail and associated landscaping, lighting, and other improvements to the Easement Area. Grantor agrees that this Agreement shall bind Grantor and Grantor’s successors in interest, heirs and assigns, and shall record this Agreement with the County Recorder’s Office of the County of San Mateo. 3. Limitations on Use. Grantee acknowledges that the easement granted herein is nonexclusive. Grantor, its successors, assigns, grantees, tenants, and licensees shall have the right to use the Easement Area in a manner that will not interfere with Grantee’s use of the Easement Area. Grantor, and its respective successors, assigns, grantees, and licensees shall refrain from any obstruction of, blockage, or construction in the Easement Area that would interfere with Shared Use Access, except as provided herein. 4. Maintenance. Grantor shall maintain the Easemen t Area in a good and safe condition, sufficient for Shared Use Access at all times and repair at Grantor’s sole cost and expense, except as provided herein. Any maintenance or repair activities performed by Grantor may not interfere with the continued use of the Easement Area for the purposes described herein. 5. Grantor’s Reserved Rights. Notwithstanding the foregoing, Grantor reserves on behalf of itself, its agents, contractors, subcontractors, suppliers, consultants, employees, invitees or other authorized persons acting for or on behalf of Grantor (“Grantor’s Agents”), including but not limited to any lessee, the right to use the Easement Area in any way not inconsistent with the above grant of the Shared Use Access Easement, including temporary use of all or a portion of the Easement Area as necessary to : (a) occasionally transport goods or provide services to Grantor’s Property or the Gateway of Pacific Campus to the north, including lightweight trucks and vehicles, provided such transportation is temporary in nature; (b) construct, restore, modify, repair or maintain the Easement Area, Grantor’s Property or the Gateway of Pacific Campus to the north ; and (c) provided that Grantor shall post temporary signs at each end of the Easement Area 48 hours prior to such temporary use (except in the case of an emergency, in which case such notices will be posted by Grantor as soon as feasible) to inform the public about the nature of the transport vehicles, maintenance or repair activities scheduled to take place . DRAFT 7/24/2020 - 3 - EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 6. Transfer of Property. The Shared Use Trail Easement created by this Agreement shall run with the land and any portion thereof, and its terms shall extend to, bind and inure to the benefit of the parties hereto and their respective heirs, successors and as signs. Upon the transfer of the Property to a successor party, the successor party shall constitute the “Grantor” hereunder and all predecessors in interest to such successor party shall be fully relieved of all obligations and liability hereunder arising on or after the effective date of such transfer. 7. Indemnification. (a) Grantee shall indemnify, defend and hold harmless Grantor, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorneys ’ fees, arising out of or resulting from the use of the Easement Area by Grantee or that are caused by any negligent or willful act or omission of Grantee, its officers, agents, employees, or anyone di rectly or indirectly acting on behalf of Grantee. (b) Grantor shall indemnify, defend and hold harmless Grantee, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorneys’ fees, arising out of or resulting from the performance of Grantor’s obligations pursuant to this Agreement or failure to perform, that are caused by any negligent or willful act or omission of Grantor, its officers, ag ents, employees, or anyone directly or indirectly acting on behalf of Grantor. (c) Notwithstanding the foregoing or any other provision in this Agreement, Grantor does not waive any of its rights under California Civil Code section 846. 8. Insurance. Grantor shall provide Grantee with evidence of property and liability insurance in accordance with the City’s standard insurance requirements prior to commencing any maintenance or repair work (except in the case of an emergency, in which case such evidence will be provided to Grantee as soon as feasible). 9. Enforcement. Grantee shall have all rights and remedies at law and in equity in order to enforce the Shared Use Trail Easement and the terms of this Agreement. All rights and remedies available to Grantee under this Agreement or at law or in equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other available right or remedy. 10. Litigation Expenses. (a) General. If either Party hereto brings an action or proceeding (including any cross-complaint, counterclaim, or third -party claim) against the other Party by reason of a default, or otherwise arising out of this Agreement, the prevailing Party in such action or proceeding shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys’ fees, which shall be payable whether or not such action is prosecuted to judgment. “Prevailing Party” within the meaning of this Section 10 shall include without limitation, a Party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action. DRAFT 7/24/2020 - 4 - EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 (b) Appeal. Attorneys’ fees under this Section 10 shall include attorneys’ fees on any appeal, and, in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action . (c) Mediation. Before bringing any litigation under this Agreement, the plaintiff shall be obligated to meet and confer with the other party and mediate the dispute . Such obligation shall not exceed one mediation session. 11. Amendment. This Agreement may be amended or otherwise modified only in writing signed and acknowledged by Grantor and Grantee, or the respective successors and assigns of each; such amendment may include modification, relocation or termination of the Share Use Trail Easement. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be entitled to be the original and all of which shall constitute one and the same agreement. 14. References; Titles. Wherever in this Agreement the context requires, reference to the singular shall be deemed to include the plural . Titles of sections and paragraphs are for convenience only and neithe r limit nor amplify the provisions of this Agreement. 15. Notice. Any notice given under this Agreement shall be in writing and given by delivering the notice in person, by commercial overnight courier that guarantees next day delivery and provides a receipt, or by sending it by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the mailing address listed below or any other address notice of which is given. Grantor: BMR-Gateway of Pacific V LP 17190 Bernardo Center Drive San Diego, CA 92128 Attn: Vice President, Legal With a copy to: Perkins Coie LLP 505 Howard Street, Suite 1000 San Francisco, CA 94105 Attn: Cecily Barclay City: City of South San Francisco Public Works Department, Engineering Division 315 Maple Ave South San Francisco, CA 94080 Attn: Matthew Ruble With a copy to: Meyers Nave 1999 Harrison St., 9th Floor Oakland, CA 94612 Attn: Sky Woodruff, City Attorney DRAFT 7/24/2020 - 5 - EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 Any mailing address number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 16. Severability. If any provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement (or the application of such provisions to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 17. Entire Agreement. This Agreement, together with any attachments hereto or inclusions by reference, constitute the entire agreement between the parties on the subject matter hereof, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties hereto with respect to the easement which is the subject matter of this Agreement. This Agreement has been drafted by a mutual effort of the parties, and each party waives the benefit of any statute, law or judicial decision providing that ambiguities in an agreement shall be interpreted against the “drafting party.” 18. Default. The failure to perform any covenant or obligation of a party hereunder and to cure such non -performance within thirty (30) days of written notice by the party to whom performance is owed shall constitute a default hereunder, provided that if more than thirt y (30) days are reasonably required for such cure, no event of default shall occur if the defaulting party commences such cure within such period and diligently prosecutes such cure to completion . Upon such default, the non-defaulting party shall be entitled to all remedies and means to cure or correct such default, both legal and equitable, allowed by operation of law except termination of the easement herein granted. 19. No Dedication. The Public Access Easement shall not be, or deemed or construed to be, a dedication to the public, and is subject to any pre -existing easements of record. 20. Survival. All waivers given or made hereunder shall survive termination of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. [signatures on the following page] DRAFT 7/24/2020 - 6 - EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 CITY: GRANTOR: CITY OF SOUTH SAN FRANCISCO, BMR-Gateway of Pacific V LP a municipal corporation a Delaware limited partnership By: _____________________________ By: ____________________________ Name: __________________________ Its: _____________________________ Title: ____________________________ Name: __________________________ Title: ___________________________ APPROVED AS TO FORM: ________________________________ City Attorney Attest: ________________________________ City Clerk DRAFT 7/24/2020 - 7 - EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 ACKNOWLEDGMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) COUNTY OF ) On _________________________, before me, _____________________________, a Notary Public personally appeared _________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are/is 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) DRAFT 7/24/2020 - 8 - EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) COUNTY OF ) On _________________________, before me, _____________________________, a Notary Public personally appeared _________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are/is 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, e xecuted 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) DRAFT 7/24/2020 - 9 - EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this Shared Use Trail Easement Agreement (Public Access Easement) dated _______ from the Grantor to the City of South San Francisco, is hereby accepted by order of its City Council’s Resolution No. ______ adopted on ________, and the City of South San Francisco consents to recordation thereof by its duly authorized officer. Dated: __________________________ CITY OF SOUTH SAN FRANCISCO By: _____________________________ Name: __________________________ Title: City Manager ATTEST: ________________________________ CITY CLERK Approved as to form: Date: __________________ By: ____________________ City Attorney DRAFT 7/24/2020 EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 EXHIBIT A Legal Description of Grantor’s Property DRAFT 7/24/2020 EXHIBIT E TO GOP 5 DEVELOPMENT AGREEMENT 148425900.7 EXHIBIT B Easement Area 3564123.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-720 Agenda Date:10/14/2020 Version:1 Item #:17. Report regarding an Ordinance adopting a Second Amendment to the Second Amended and Restated Development Agreement (DAA20-0003)between the City of South San Francisco and between BMR Gateway of Pacific I LP,BMR Gateway of Pacific II LP,BMR Gateway of Pacific III LP,and BMR Gateway of Pacific IV LP for the Gateway Business Park Master Plan Project to make minor modifications.(Billy Gross,Senior Planner) RECOMMENDATION Staff recommends that the City Council waive reading and adopt an Ordinance approving the Second Amendment to the Second Amended and Restated Development Agreement between the City and BMR Gateway of Pacific I LP,BMR Gateway of Pacific II LP,BMR Gateway of Pacific III LP,and BMR Gateway of Pacific IV LP, and waive further reading. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance.The ordinance is ready for adoption. Ordinance adopting a Second Amendment to the Second Amended and Restated Development Agreement (DAA20-0003)between the City of South San Francisco and between BMR Gateway of Pacific I LP,BMR Gateway of Pacific II LP,BMR Gateway of Pacific III LP,and BMR Gateway of Pacific IV LP for the Gateway Business Park Master Plan Project to make minor modifications. (Introduced on 09/23/20; Vote 5-0) ASSOCIATIONS 1.Final Ordinance (20-721) A.Exhibit A- Second Amendment to the Second Amended and Restated Development Agreement City of South San Francisco Printed on 10/7/2020Page 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 #:20-721 Agenda Date:10/14/2020 Version:1 Item #:17a. Ordinance adopting a Second Amendment to the Second Amended and Restated Development Agreement (DAA20-0003)between the City of South San Francisco and between BMR Gateway of Pacific I LP,BMR Gateway of Pacific II LP,BMR Gateway of Pacific III LP,and BMR Gateway of Pacific IV LP for the Gateway Business Park Master Plan Project to make minor modifications. WHEREAS,BMR -Gateway/Oyster LP (“Owner”or “Applicant”)received entitlements for the phased removal and replacement of existing buildings on the 22.6-acre project site and construction of five to six new buildings and two to four parking structures,in five phases,to be located at the corner of Gateway and Oyster Point Boulevards (700,750,800,850,900,and 1000 Gateway Boulevard),in the Gateway Specific Plan Area (“Gateway Business Park Master Plan Project” or “Project”); and WHEREAS,on February 10,2010,after conducting all proceedings and making all findings necessary for the valid adoption and execution of a development agreement for the Property in accordance with Government Code Sections 65864 through 65869.5,the California Environmental Quality Act (“CEQA”),and Chapter 19.60 of the Municipal Code,the City Council adopted Ordinance No.1423-2010,approving and adopting a development agreement for the property at 700-1000 Gateway Boulevard (“Property”); and WHEREAS,on May 8,2013,the City Council adopted Ordinance No.1471-2013 concerning a First Amended and Restated Development Agreement between City and Applicant (“First Amended DA”); and WHEREAS,on June 27,2018,the City Council adopted Ordinance No.1599-2018 concerning a Second Amended and Restated Development Agreement between City and BMR Gateway of Pacific I LP,BMR Gateway of Pacific II LP,BMR Gateway of Pacific III LP,and BMR Gateway of Pacific IV LP to allow for minor modifications to the agreement,including acknowledgement of the transfer and assignment of the separate parcels to the respective affiliates,acknowledgement of lot line adjustment between Phases 1 and 2, and confirmation that each property owner holds the compliance burdens,obligations,and responsibilities for its respective parcel of property under the Second Amended and Restated Development Agreement; and WHEREAS,on February 26,2020 the City adopted Ordinance No.1595-2020 adopting a First Amendment to the Second Amended and Restated Development Agreement which substituted payment of a fee that will enable the City to build a childcare facility in lieu of having the applicants construct or open a replacement childcare facility on or within one mile of the project site; and WHEREAS,Applicant submitted an application requesting a Second Amendment to the Second Amended and Restated Development Agreement to allow for a minor modification to the agreement related to the replacement childcare obligations; and, WHEREAS,the City Council certified the 2009 Environmental Impact Report (“2009 EIR”)on February 10,City of South San Francisco Printed on 12/23/2020Page 1 of 4 powered by Legistar™ File #:20-721 Agenda Date:10/14/2020 Version:1 Item #:17a. WHEREAS,the City Council certified the 2009 Environmental Impact Report (“2009 EIR”)on February 10, 2010 in accordance with the provision of the California Environmental Quality Act (Public Resources Code,§§ 21000,et seq.,“CEQA”)and CEQA Guidelines,which analyzed the potential environmental impacts of the Project; and, WHEREAS,the modifications contemplated in the Second Amendment to the Second Amended and Restated Development Agreement are minor in nature,the approval of which 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 2009 EIR certified by City Council,nor does the Second Amendment to the Second Amended and Restated Development Agreement constitute a change in the Project or change in circumstances that would require additional environmental review; and, WHEREAS,on August 6,2020 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the Second Amendment to the Second Amended and Restated Development Agreement,and recommended that the City Council consider the Second Amendment to the Second Amended and Restated Development Agreement; and, WHEREAS,the City Council held a duly noticed public hearing on September 9,2020,which was continued to September 23,2020,to consider the Second Amendment to the Second Amended and Restated Development Agreement, and take public testimony. NOW,THEREFORE,BE IT RESOLVED the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. Findings. That 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,General Plan Environmental Impact Report;the South San Francisco Municipal Code;2009 EIR,and associated Mitigation Monitoring and Reporting Programs;all site plans,and all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed August 6,2020 meeting;all site plans,reports,minutes,and public testimony submitted as part of the City Council’s duly noticed public hearing on September 9,2020 which was continued to September 23,2020;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: A.The foregoing recitals are true and correct and made a part of this Ordinance. B.The Exhibit attached to this Ordinance,the proposed Second Amendment to the Second Amended and Restated Development Agreement (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 Chief Planner, Sailesh Mehra. D.The Second Amendment to the Second Amended and Restated Development Agreement, City of South San Francisco Printed on 12/23/2020Page 2 of 4 powered by Legistar™ File #:20-721 Agenda Date:10/14/2020 Version:1 Item #:17a. D.The Second Amendment to the Second Amended and Restated 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 campus-style development of office and R&D buildings,is consistent with the consistent with the objectives,policies,general land uses and programs specified in the South San Francisco General Plan,the Gateway Specific Plan,and any applicable zoning regulations. E.The Second Amendment to the Second Amended and Restated Development Agreement is compatible with the uses authorized in,and the regulations prescribed for the land use district in which the real property is located.The subject site is physically suitable for the type and intensity of the land use being proposed.The General Plan specifically contemplates the proposed type of project and the suitability of the site for development was analyzed thoroughly in the environmental document prepared for the Project. F.The Second Amendment to the Second Amended and Restated Development Agreement is in conformity with public convenience, general welfare and good land use practice. G.The Second Amendment to the Second Amended and Restated Development Agreement will not be detrimental to the health,safety and general welfare because the amendment preserves a campus-like environment. H.The Second Amendment to the Second Amended and Restated Development Agreement will not adversely affect the orderly development of property or the preservation of property valued because the amendment improves the property’s campus-like environment and is consistent with surrounding R&D and office uses. SECTION 2.Approval of Development Agreement A.The City Council of the City of South San Francisco hereby approves the Second Amendment to the Second Amended and Restated Development Agreement with BMR Gateway of Pacific I LP,BMR Gateway of Pacific II LP,BMR Gateway of Pacific III LP,and BMR Gateway of Pacific IV LP,attached hereto as Exhibit A and incorporated herein by reference. B.The City Council further authorizes the City Manager to execute the Second Amendment to the Second Amended and Restated 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, which do not materially or substantially increase the City’s obligations thereunder. 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 City of South San Francisco Printed on 12/23/2020Page 3 of 4 powered by Legistar™ File #:20-721 Agenda Date:10/14/2020 Version:1 Item #:17a. 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 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 23 rd day of September 2020. City of South San Francisco Printed on 12/23/2020Page 4 of 4 powered by Legistar™ DRAFT July 21, 2020 Page 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of South San Francisco 400 Grand Avenue P. O. Box 711 South San Francisco, CA 94083 Exempt from recording fees per Government Code §§6103, 27383 ______________________________________________________________________________ Space above this line reserved for recorder’s use APNs: 015-023-290; 015-023-300 015-023-200; 015-023-320; 015-023-430; 015-023-190; 015-023-310 SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND BMR-GATEWAY OF PACIFIC I LP, BMR-GATEWAY OF PACIFIC II LP, BMR-GATEWAY OF PACIFIC III LP, AND BMR-GATEWAY OF PACIFIC IV LP SOUTH SAN FRANCISCO, CALIFORNIA Gateway Business Park Master Plan Project Exhibit A - Second Amendment to Second Amended and Restated Development Agreement DRAFT July 21, 2020 SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT Page 2 SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT Gateway Business Park Master Plan Project This SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE GATEWAY BUSINESS PARK MASTER PLAN PROJECT is dated __________ ___, 2020 (“Second Amendment”). This Second Amendment is between BMR-Gateway of Pacific I LP, formerly known as BMR-700 Gateway LP (“BMR- Gateway of Pacific I”); BMR-Gateway of Pacific II LP, formerly known as BMR-750, 800, 850 Gateway LP (“BMR-Gateway of Pacific II”); BMR-Gateway of Pacific III LP, formerly known as BMR-900 Gateway LP (“BMR-Gateway of Pacific III”); and BMR-Gateway of Pacific IV LP, formerly known as BMR-1000 Gateway LP (“BMR-Gateway of Pacific IV”); all of which are Delaware limited partnerships (collectively “Owners” and individually “Owner”), on the one hand, and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation organized and existing under the laws of the State of California (“City”), on the other hand. Each Owner and the Cit y are individually referred to herein as a “Party” and collectively referred to herein as “Parties.” R E C I T A L S A. WHEREAS, Owners and City are parties to that certain Second Amended and Restated Development Agreement (Gateway Business Park Master Plan Project) by and between the Owners and City, dated August 31, 2018, and recorded in the Official Records of San Mateo County on September 7, 2018, as Document Number 2018-070317 (“Development Agreement ”); B. WHEREAS, Owners and City entered into a First Amendment to the Development Agreement, dated March 30, 2020, and recorded in the Official Records of San Mateo County on April 10, 2020, as Document Number 2020-032850 (“First Amendment”); C. WHEREAS, in connection with the City’s consideration of a Precise Plan for development of Phase 4 of the Gateway Business Park Master Plan Project, Owners and City again wish to amend the Development Agreement as set forth in this Second Amendment ; D. WHEREAS, all proceedings necessary for the valid adoption and execution of this Second Amendment have taken place in accordance with California Government Code sections 65864 through 65869.5, the California Environmental Quality Act, and Chapter 19.60 of the City’s Municipal Code; E. WHEREAS, the City Council and the City Planning Commission have found that the Development Agreement, as amended by the First Amendment and this Second Amendment, is consistent with the objectives, policies, general land uses, and programs specified in the South San Francisco General Plan; and SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT Page 3 F. WHEREAS, on __________ ___, 2020, the City adopted Ordinance Number ____-2020 approving and adopting this Second Amendment, and such ordinance took effect 30 days later. A G R E E M E N T NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code Sections 65864 through 65869.5 and Chapter 19.60 of the City’s Municipal Code, and in consideration of the mutual covenants and agreements contained herein, agree as follows: 1. Extended Duration. Section 2 of the Development Agreement is amended and restated in its entirety to read as follows: This Agreement shall expire on December 31, 2030. Notwithstanding the foregoing, if litigation against an Owner (or any of its officers, agents, employees, contractors, representatives or consultants) to which the City also is a party should delay implementation or construction on such Owner’s parcel of Property of the “Project ” (as defined in Section 3 below), the expiration date of this Agreement as applicable to that Owner’s parcel and obligations of such Owner shall be extended for a period equal to the length of time from the time the summons and complaint is served on the defendant(s) until the judgment entered by the court is final, and not subject to appeal; provided, however, that the total amount of time for which the expiration date shall be extended as a result of such litigation shall not exceed five (5) years. 2. Updated Park Fee Requirement . Section 12(a)(2) of the Development Agreement and Section 1.3.1 of Exhibit E-1 to the Development Agreement are each amended and restated in their entirety to read as follows: Parks and Recreation Impact Fee (SSFMC, Chapter 8.67; Ordinance 1520- 2016). The City has adopted a “Parks and Recreation Impact Fee” to maintain park service levels and provide adequate parks and recreational services and facilities to residents of the city. An Owner shall pay the Parks and Recreation Impact Fee, as described in Chapter 8.67 of Title 8 of the Municipal Code, to the extent applicable to the phase of the Project to be developed by such Owner . 3. Updated Fee Estimate. Exhibit E-2 to the Development Agreement is amended such that the tenth row of the second table counting from the top is amended and restated to state “Parks and Recreation Impact Fee (Section 12(a)(2) of DA)” in the Fee Category column, “$1.12 per GSF” in the Rate column, [“____________”] in the All Phases Fee columns, and [“$528,463.04”] in the Phase 1 Fee column. 4. Effective Date. Pursuant to Section 19.60.140 of the City’s Municipal Code, notwithstanding the fact that the City Council adopted an ordinance approving this Second Amendment, this Second Amendment shall be effective and shall only creat e obligations for the Parties from and after the date that the ordinance approving this Second Amendment takes effect. SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT Page 4 5. Full Force and Effect . As amended by the First Amendment and this Second Amendment, the Development Agreement shall remain in full force and effect. 6. Counterparts. This Second Amendment may be executed in multiple originals, each of which is deemed an original, and may be signed in counterparts. IN WITNESS WHEREOF this Agreement has been executed by the Parties on the day and year first above written. (Signatures appear on the following pages) SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT Page 5 CITY: CITY OF SOUTH SAN FRANCISCO By: __________________________ Name: __________________________ Its: City Manager ATTEST: __________________________ City Clerk APPROVED AS TO FORM: __________________________ City Attorney OWNERS: BMR-GATEWAY OF PACIFIC I LP By: ___________________________ Name: ___________________________ Its: ___________________________ BMR-GATEWAY OF PACIFIC II LP By: ___________________________ Name: ___________________________ Its: ___________________________ BMR-GATEWAY OF PACIFIC III LP By: ___________________________ Name: ___________________________ Its: ___________________________ BMR-GATEWAY OF PACIFIC IV LP By: ___________________________ Name: ___________________________ Its: ___________________________ DRAFT July 21, 2020 SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT Page 6 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of _______________________ ) ) County of _____________________ ) On ____________________, before me, ______________________________, a Notary Public, personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the per son(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) 148459296.4 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-752 Agenda Date:10/14/2020 Version:1 Item #:18. Report regarding the adoption of ordinances related to various Development Impact Fees.(Janet Salisbury, Director of Finance) RECOMMENDATION Staff recommends that the City Council take the following action: 1.Adopt an Ordinance amending Section 8.68.050 (“Citywide Transportation Impact Fee”)of Chapter 8.68, Title 8, the South San Francisco Municipal Code, and waive further reading. 2.Adopt an Ordinance amending Chapter 8.74 (“Library Impact Fee”)of Title 8 of the South San Francisco Municipal Code, and waive further reading. 3.Adopt an Ordinance amending Section 20.310 (“Childcare Impact Fee”)of Title 20 of the South San Francisco Municipal Code, and waive further reading. 4.Adopt an Ordinance amending Chapter 8.75 (“Public Safety Impact Fee”)of Title 8 of the South San Francisco Municipal Code, and waive further reading. 5.Adopt an Ordinance amending Chapter 20.300 (“Landscaping In-Lieu Fee”)of the South San Francisco Municipal Code to repeal subsection (K)of Section 20.300.0007 and to reserve subsection (K)for future use, and waive further reading. BACKGROUND On September 23rd,the City Council,via a public hearing,voted to introduce and waive further reading of the ordinances listed above to: ·Establish a new Citywide Transportation Impact Fee ·Establish a new Library Impact Fee ·Update the Childcare Impact Fee ·Update the Public Safety Impact Fee ·Repeal the Landscaping In-Lieu Fee Presentations and discussions of the developer impact fees occurred via public meetings on four prior occasions this year.On July 27th and August 3rd,staff presented the information related to the above to the Budget Standing Committee.On August 12th and August 26th,study sessions with the City Council were conducted, providing the City Council the opportunity to provide staff with feedback about the proposed impact fees. Development Impact Fees for non-residential developments will go into effect on November 23,2020. Development Impact Fees for residential development will go into effect on January 1,2022.Beginning on July 1,2021 and each July thereafter,these fees will be adjusted annually by either the Engineering New Record Construction Cost Index (“CCI”)or the Consumer Price Index (“CPI”)depending on the type of fee.Repeal of the Landscaping In-Lieu Fee will take effect on November 13, 2020. Changes to the fees ensure that appropriate collection of Development Impact Fees will support the additional services and/or infrastructure needed in the City because of new development. City of South San Francisco Printed on 10/7/2020Page 1 of 2 powered by Legistar™ File #:20-752 Agenda Date:10/14/2020 Version:1 Item #:18. (Introduced 9/23/20; Vote 4-1) The Ordinance is now ready for adoption. City of South San Francisco Printed on 10/7/2020Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-754 Agenda Date:10/14/2020 Version:1 Item #:18a. Ordinance adopting a Citywide Transportation Impact Fee for the City of South San Francisco. WHEREAS,new development projects attract new residents,visitors,and employees to the City,and generate increased transportation needs; and WHEREAS,Implementing Policy 4.2-I-7 of the City’s General Plan provides that the City should “[c]ontinue to require that new development pays a fair share of the costs of street and other traffic and transportation improvements, based on traffic generated and impacts on service levels”; and WHEREAS,Implementing Policy 4.2-I-7 of the City’s General Plan provides that the City should “[e]xplore the feasibility of establishing impact fee, especially for improvements required in the Lindenville area”; and WHEREAS,Implementing Policy 4.2-I-8 of the City’s General Plan provides that the City should “[d]evelop and implement a standard method to evaluate the traffic impacts of individual development”; and WHEREAS,Implementing Policy 4.2-I-7 of the City’s General Plan provides that the City should “Where appropriate,consider upfronting portions of improvement costs where the City’s economic development interests may be served”; and WHEREAS,in 2007,the City adopted Resolution No.84-2007 imposing an East of 101 Traffic Impact Fee (“East of 101 Fee”)to pay for the cost of transportation infrastructure needed to support new development in the East of 101 area of the City under the authority of Sections 66000 et seq.of the California Government Code (“Mitigation Fee Act”); and WHEREAS,in 2017,the City adopted Ordinance No.1539 imposing a Bicycle and Pedestrian Impact Fee (“Bike and Pedestrian Fee”)to pay for the cost of maintaining bicycle and pedestrian infrastructure levels and providing adequate bicycle and pedestrian improvements needed to support new development citywide under the Mitigation Fee Act; and WHEREAS,these existing fees have helped address specific needs in the City,their reach is limited geographically (East of 101 Fee)or by type of transportation (Bicycle and Pedestrian Fee),and the City has experienced an increased need for a range of multimodal transportation improvements in all areas of the City; and WHEREAS,in August 2020 a study was prepared for the City by the Matrix Consulting Group,entitled Development Impact Fee Study (“Nexus Study”),to analyze the relationship between new development in the City,the transportation improvements and facilities needed to serve that growth,and the estimated costs of City of South San Francisco Printed on 10/17/2020Page 1 of 5 powered by Legistar™ File #:20-754 Agenda Date:10/14/2020 Version:1 Item #:18a. City,the transportation improvements and facilities needed to serve that growth,and the estimated costs of those improvements and facilities,and to analyze new development’s fair share of transportation improvement costs; WHEREAS,the calculations associated with a proposed Transportation Impact Fee in the Nexus Study were performed by DKS Associates, as described in detail in Appendix D of the Nexus Study; and WHEREAS,the Nexus Study has identified $160.8 million in transportation infrastructure improvements-such as roads,sidewalks,traffic lights,bicycle lanes and pathways,curbs and gutters,and medians-caused by new development throughout the City; and WHEREAS,the City seeks to mitigate these transportation impacts caused by new development and to allow the City to recover approximately $33.7 million in costs associated with new development by providing for the payment of the citywide Transportation Impact Fee; and WHEREAS,the City further wishes to adopt the Transportation Impact Fee to better implement the goals contained in the General Plan and Nexus Study,including establishing fee amounts and the improvements and facilities to be constructed with fee revenue; and WHEREAS,the City has determined that,by developing a citywide Transportation Impact Fee,it will spread the cost of citywide transportation needs over the entire City limits and thus will ensure that transportation impacts felt throughout the City are accounted for,rather than only accounting for impacts sustained in the East of 101 geographic area; and WHEREAS,the City has also determined that,by developing a citywide Transportation Impact Fee,it will also account for the range of multimodal transportation needs that encompass but also exceed the need for improvements related to bicycle and pedestrian traffic only; and WHEREAS,the City wishes to eliminate the East of 101 and Bicycle and Pedestrian Impact Fees,as applied to new development projects not yet approved by the City,and replace the existing fees with the citywide Transportation Impact Fee; and WHEREAS,the City further wishes to ensure that,even though the East of 101 and Bicycle and Pedestrian Impact Fees will be phased out,the revenues collected under those fees continue to serve the purposes for which those fees were collected; and WHEREAS,such development impact fees are not a “tax”as defined in Section 1,paragraph (e)of Article XIIIC of the California Constitution (“Proposition 26”)because such Fees and charges are imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product, and/or such Fees and charges are imposed for a specific government service or product provided directly to the payor that is not provided to those not charged,and which does not exceed the reasonable cost to the local government of providing the service or product,and/or such Fees and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses and permits,performing investigations,inspections and audits,enforcing agricultural marketing orders and the administrative enforcement and adjudication City of South San Francisco Printed on 10/17/2020Page 2 of 5 powered by Legistar™ File #:20-754 Agenda Date:10/14/2020 Version:1 Item #:18a. thereof; and/or such fees and charges are imposed as a condition of property development; and WHEREAS,the City will adopt a separate resolution to set the Fee at rates consistent with the Nexus Study and this Ordinance; and WHEREAS,in accordance with Section 66019 of the Mitigation Fee Act,at least fourteen (14)days prior to the public hearing at which this Ordinance was introduced,notice of the time and place of the hearing was mailed to interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS,ten (10)days advance notice of the public hearing at which this Ordinance was introduced was given by publication in accordance with Government Code Section 6062a; and WHEREAS,in accordance with Section 66016 of the Mitigation Fee Act,at least ten (10)days prior to the public hearing at which this Ordinance was introduced,the Nexus Study was made available to the public for review; and WHEREAS,the action taken by this Ordinance has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City,does not commit the City to any specific project,and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance with the California Environmental Quality Act (“CEQA”)when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines,Section 15004(b)(1)).Therefore, approval of the Fee and/or charges is not a “project”for purposes of CEQA,pursuant to CEQA Guidelines, Section 15378(b)(4);and,even if considered a “project”under CEQA,is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3)because it can be seen with certainty that there is no possibility that approval of the Fee and/or charges may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1.Findings The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Amendment to Chapter 8.68 The City Council hereby amends Section 8.68.050 of Chapter 8.68,Title 8,of the South San Francisco Municipal Code to read as follows (with additions indicated in italics): 8.68.050 Application of bicycle and pedestrian impact fee. All residential and nonresidential development projects shall be required to pay the bicycle and pedestrian impact fee established pursuant to this chapter,unless subject to the transportation impact fee provided for in Chapter 8.73. City of South San Francisco Printed on 10/17/2020Page 3 of 5 powered by Legistar™ File #:20-754 Agenda Date:10/14/2020 Version:1 Item #:18a. SECTION 3.Adoption of Chapter 8.73 The City Council hereby adopts Chapter 8.73 (“Transportation Impact Fee”)of Title 8 of the South San Francisco Municipal Code to read as follows: Chapter 8.73 8.73.010 Purpose. 8.73.020 Transportation Impact Fee established. 8.73.030 Use of fee revenues. 8.73.040 Effect on East of 101 and Bicycle and Pedestrian Impact Fees. 8.73.050 Appeals. 8.73.010 Purpose. The City Council finds and determines that public improvements and facilities must be constructed to accommodate the increased travel demand of new development projected within South San Francisco while maintaining current service standards,to reduce the transportation-related impacts caused by this new development,and to implement the transportation-related goals contained in the General Plan.The purpose of the Transportation Impact Fee is to finance these public improvements and facilities,and for each new development to pay its fair and proportional share of the improvements. 8.73.020 Transportation impact fee established. A.A citywide Transportation Impact Fee is established to pay for transportation improvements. B.The City Council shall,in a resolution adopted after a duly noticed public hearing,set forth the amount of the fee,describe the need for the fee,list the types of transportation improvements to be financed, describe the estimated cost of these improvements,describe the reasonable relationship between the fee and the various types of future development, and set forth time for calculation and payment of the fee. 8.73.030 Use of fee revenues. Transportation Impact Fee revenue shall be used only for the purposes outlined in this chapter and by resolution, consistent with the purposes of the Fee. 8.73.040 Effect on East of 101 Traffic Fee and Bicycle and Pedestrian Impact Fee. Following adoption of this chapter and the implementing resolution provided in section 8.73.020,any project subject to the citywide Transportation Impact Fee shall be exempt from the East of 101 Impact Fee adopted in Resolution No.84-2007,or the Bicycle and Pedestrian Impact Fee chapter 8.68,Resolution No.84-2007. Notwithstanding the above,if a court of competent jurisdiction declares the citywide transportation impact fee to be invalid or otherwise prevents the City from collecting this fee following the fee becoming effective,all projects shall remain subject to all of the requirements of Chapter 8.68 and,if applicable,of Resolution No.84- 2007 or Paragraph F.3 of Section 20.260.006. City of South San Francisco Printed on 10/17/2020Page 4 of 5 powered by Legistar™ File #:20-754 Agenda Date:10/14/2020 Version:1 Item #:18a. 8.73.050 Appeals. A developer may appeal the amount of the transportation impact fee due in writing to the City Manager with supporting documentation.The City Manager shall consider the appeal and shall make a decision on the appeal. The decision of the City Manager shall be final. SECTION 4.Severability. If any section,subsection,sentence,clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this Ordinance.The City Council hereby declares that it would have passed the Ordinance,and each and every section,subsection,sentence,clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5.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 23 rd day of September 2020. City of South San Francisco Printed on 10/17/2020Page 5 of 5 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-753 Agenda Date:10/14/2020 Version:1 Item #:18b. Ordinance adopting a Library Impact Fee for the City of South San Francisco. WHEREAS,in August 2020 a study,entitled Development Impact Fee Study was prepared for the City by the Matrix Consulting Group to analyze the relationship between new development in the City,the parking-in-lieu facilities and collections needed to serve that growth,and the estimated costs of those facilities and collections, and to analyze new development’s fair share of library infrastructure costs (“Nexus Study”); and WHEREAS,the Nexus Study estimates that,based upon the City’s projected population increase and current per capita usage of facilities and collections materials,the City will need approximately 9,900 square feet of additional library space and 32,000 additional materials in circulation in order to maintain the current library service standard; and WHEREAS,the Nexus Study further estimates that the total projected cost associated with future residential and non-residential development through 2040 would be approximately $7.8 million; and WHEREAS,City wishes to adopt the Library Impact Fee to better implement the goals contained in the Nexus Study of maintaining adequate service standards in the face of the increase in library service demands; and WHEREAS,such development impact fees are not a “tax”as defined in Section 1,paragraph (e)of Article XIIIC of the California Constitution (“Proposition 26”)because such Fees and charges are imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product, and/or such Fees and charges are imposed for a specific government service or product provided directly to the payor that is not provided to those not charged,and which does not exceed the reasonable cost to the local government of providing the service or product,and/or such Fees and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses and permits,performing investigations,inspections and audits,enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or such fees and charges are imposed as a condition of property development; and WHEREAS,the City will adopt a separate resolution to set the Fee at rates consistent with the Nexus Study and this Ordinance; and WHEREAS,in accordance with Section 66019 of the Mitigation Fee Act,at least fourteen (14)days prior to the public hearing at which this Ordinance was introduced,notice of the time and place of the hearing was mailed to interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and City of South San Francisco Printed on 10/17/2020Page 1 of 4 powered by Legistar™ File #:20-753 Agenda Date:10/14/2020 Version:1 Item #:18b. WHEREAS,ten (10)days advance notice of the public hearing at which this Ordinance was introduced was given by publication in accordance with Government Code Section 6062a; and WHEREAS,in accordance with Section 66016 of the Mitigation Fee Act,at least ten (10)days prior to the public hearing at which this Ordinance was introduced,the Nexus Study was made available to the public for review; and WHEREAS,the action taken by this Ordinance has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City,does not commit the City to any specific project,and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance with the California Environmental Quality Act (“CEQA”)when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines,Section 15004(b)(1)).Therefore, approval of the Fee and/or charges is not a “project”for purposes of CEQA,pursuant to CEQA Guidelines, Section 15378(b)(4);and,even if considered a “project”under CEQA,is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3)because it can be seen with certainty that there is no possibility that approval of the Fee and/or charges may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1.Findings The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Amendment to Chapter 8.74 The City Council hereby adopts Chapter 8.74 (“Library Impact Fee”)of Title 8 of the South San Francisco Municipal Code to read as follows: Chapter 8.74 8.74.010 Purpose. 8.74.020 Library Impact Fee established. 8.74.030 Use of fee revenues. 8.74.040 Appeals. 8.74.010 Purpose. The City Council finds and determines that the City’s library facilities and collection must be expanded, rehabilitated,and replaced to accommodate the increased demand in library services created by new development projected within South San Francisco while maintaining current service levels.The purpose of the Fee is to finance these facilities and collection,which benefit development,and for each new development to pay its fair and proportional share of these improvements.Specifically,the purposes of the fee would be to expand and/or remodel existing library branches,acquire additional space or repurpose current spaces to address emerging community needs,bolster the library collection in diverse electronic and hardcopy formats, City of South San Francisco Printed on 10/17/2020Page 2 of 4 powered by Legistar™ File #:20-753 Agenda Date:10/14/2020 Version:1 Item #:18b. address emerging community needs,bolster the library collection in diverse electronic and hardcopy formats, and replace and upgrade furniture,fixtures,technology,and equipment to continue to meet the existing service level standard of the community. 8.74.020 Library Impact Fee established. A.A citywide Library Impact Fee is established to pay for the expansion,rehabilitation,and replacement of library facilities and collections. B.The City Council shall,in a resolution adopted after a duly noticed public hearing,set forth the amount of the fee,describe the need for the fee,list the types of transportation improvements to be financed, describe the estimated cost of these improvements,describe the reasonable relationship between the fee and the various types of future development, and set forth time for calculation and payment of the fee. 8.74.030 Use of fee revenues. Library Impact Fee revenue shall be used only for the purposes outlined in this chapter and by resolution, consistent with the purposes of the Fee. 8.74.040 Appeals. A developer may appeal the amount of the Library Impact Fee due in writing to the City Manager with supporting documentation.The City Manager shall consider the appeal and shall make a decision on the appeal. The decision of the City Manager shall be final. SECTION 3.Severability. If any section,subsection,sentence,clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this Ordinance.The City Council hereby declares that it would have passed the Ordinance,and each and every section,subsection,sentence,clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. 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. City of South San Francisco Printed on 10/17/2020Page 3 of 4 powered by Legistar™ File #:20-753 Agenda Date:10/14/2020 Version:1 Item #:18b. ***** City of South San Francisco Printed on 10/17/2020Page 4 of 4 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-755 Agenda Date:10/14/2020 Version:1 Item #:18c. Ordinance adopting a Childcare Impact Fee for the City of South San Francisco. WHEREAS,the City Council previously adopted and has kept in effect a Childcare Impact Fee (“Fee”)under the authority of Sections 66000 et seq.of the California Government Code (“Mitigation Fee Act”)that applies to residential and non-residential development projects in the City; and WHEREAS, the Fee was enacted at chapter 20.310 of the South San Francisco Municipal Code; and WHEREAS,in August 2020 a study was prepared for the City by the Matrix Consulting Group,entitled Development Impact Fee Study,to analyze the current relationship between new development in the City,the childcare services needed to serve that growth,and the estimated costs of those facilities to provide those childcare services,and to analyze new development’s fair share of childcare infrastructure costs (“Nexus Study”); and WHEREAS,the Nexus Study estimates that the City will need to create 2,138 additional childcare spaces by 2040 to maintain current childcare services standards in the City and estimates that 1,069 of these needed spaces are expected to be met by traditional childcare facilities funded by the Fee; and WHEREAS,the Nexus Study further estimates that the total projected cost for to create these additional 1,069 childcare spaces is $43.5 million; and WHEREAS,City wishes to update the Fee to better implement the goals contained in the Nexus Study to maintain existing service levels; and WHEREAS,the City will adopt a separate resolution to set the Fee at rates consistent with the Nexus Study and this Ordinance; and WHEREAS,the City Council also wishes to create uniformity in the manner in which development impact fees are codified in the South San Francisco Municipal Code and adjusted periodically (consistent with their enabling legislation and nexus studies) by resolution; and WHEREAS,the existing provisions of the Fee in chapter 20.310 of the Municipal Code vary from this uniform model and procedure for development impact fees, and thus must be amended; and WHEREAS,such development impact fees are not a “tax”as defined in Section 1,paragraph (e)of Article XIIIC of the California Constitution (“Proposition 26”)because such Fees and charges are imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, City of South San Francisco Printed on 10/17/2020Page 1 of 4 powered by Legistar™ File #:20-755 Agenda Date:10/14/2020 Version:1 Item #:18c. specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product, and/or such Fees and charges are imposed for a specific government service or product provided directly to the payor that is not provided to those not charged,and which does not exceed the reasonable cost to the local government of providing the service or product,and/or such Fees and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses and permits,performing investigations,inspections and audits,enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or such fees and charges are imposed as a condition of property development; and WHEREAS,in accordance with Section 66019 of the Mitigation Fee Act,at least fourteen (14)days prior to the public hearing at which this Ordinance was introduced,notice of the time and place of the hearing was mailed to interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS,ten (10)days advance notice of the public hearing at which this Ordinance was introduced was given by publication in accordance with Government Code Section 6062a; and WHEREAS,in accordance with Section 66016 of the Mitigation Fee Act,at least ten (10)days prior to the public hearing at which this Ordinance was introduced,the Nexus Study was made available to the public for review; and WHEREAS,the action taken by this Ordinance has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City,does not commit the City to any specific project,and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance with the California Environmental Quality Act (“CEQA”)when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines,Section 15004(b)(1)).Therefore, approval of the Fee and/or charges is not a “project”for purposes of CEQA,pursuant to CEQA Guidelines, Section 15378(b)(4);and,even if considered a “project”under CEQA,is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3)because it can be seen with certainty that there is no possibility that approval of the Fee and/or charges may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1.Findings The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Amendment of Chapter 20.310 The City Council hereby amends Chapter 20.310 (“Childcare Fee”)of Title 20 of the South San Francisco Municipal Code to read as follows: Chapter 20.310 City of South San Francisco Printed on 10/17/2020Page 2 of 4 powered by Legistar™ File #:20-755 Agenda Date:10/14/2020 Version:1 Item #:18c. 20.310.010 Purpose. 20.310.020 Childcare Fee established. 20.310.030 Use of fee revenues. 20.310.040 Appeals. 20.310.010 Purpose. The purpose of this chapter is to impose a fee on new development based on the projected need for new or expanded childcare facilities in amounts necessary to fund the new spaces to mitigate the increased demand for childcare generated by such development. 20.310.020 Childcare fee established. A.A Childcare Fee is established to pay for new childcare spaces in the City,including spaces created by constructing new facilities,expanding existing facilities,or occupying leased commercial space, whether the facilities are operated by a private entity or governmental organization. B.The City Council shall,in a resolution adopted after a duly noticed public hearing,set forth the amount of the fee,describe the need for the fee,list the types of childcare facilities to be financed,describe the estimated cost of these facilities,describe the reasonable relationship between the fee and the various types of future development, and set forth time for calculation and payment of the fee. 20.310.030 Use of fee revenues. Childcare Fee revenue shall be used only for the purposes outlined in this chapter and by resolution,consistent with the purposes of the Fee. 20.310.040 Appeals. A developer may appeal the amount of the Childcare Fee due in writing to the City Manager with supporting documentation.The City Manager shall consider the appeal and shall make a decision on the appeal.The decision of the City Manager shall be final. SECTION 3.Severability. If any section,subsection,sentence,clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this Ordinance.The City Council hereby declares that it would have passed the Ordinance,and each and every section,subsection,sentence,clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. 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 City of South San Francisco Printed on 10/17/2020Page 3 of 4 powered by Legistar™ File #:20-755 Agenda Date:10/14/2020 Version:1 Item #:18c. 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. ***** City of South San Francisco Printed on 10/17/2020Page 4 of 4 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-756 Agenda Date:10/14/2020 Version:1 Item #:18d. Ordinance adopting a Public Safety Impact Fee for the City of South San Francisco. WHEREAS,on December 10,2012,the City Council adopted Resolution Number 97-2012 establishing a Public Safety Impact Fee (“Fee”)under the authority of Sections 66000 et seq.of the California Government Code (“Mitigation Fee Act”); and WHEREAS, the Fee was adopted after preparation of an impact study titled “South San Francisco Public Safety Equipment and Facilities Development Impact Fee Study”by Economic &Planning Systems,Inc.and dated November 2012 and consideration of the study by the City Council at a duly noticed public hearing in compliance with the Mitigation Fee Act; and WHEREAS,the Fee was adopted by resolution and was not codified in the South San Francisco Municipal Code; and WHEREAS,the Fee was adopted with the purpose of funding public safety capital equipment and facilities in the City of South San Francisco; and WHEREAS,since the Fee was adopted in 2012,it has not been increased or adjusted to account for inflation or increases in the consumer price index or construction cost index; and WHEREAS,during that time,the City’s population has increased,leading to increased demand for public safety services and thus increased public safety equipment, vehicles, and facilities; and WHEREAS,in August 2020 a study,entitled Development Impact Fee Study was prepared for the City by the Matrix Consulting Group to analyze the relationship between new development in the City,the public safety equipment,vehicles,and facilities needed to serve that growth,and the estimated costs of those equipment and facilities,and to analyze new development’s fair share of public safety infrastructure costs (“Nexus Study”); and WHEREAS,City wishes to amend the Fee and adopt an ordinance to codify the Fee to better implement the goals contained in the Nexus Study providing public safety services; and WHEREAS,such development impact fees are not a “tax”as defined in Section 1,paragraph (e)of Article XIIIC of the California Constitution (“Proposition 26”)because such Fees and charges are imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product, and/or such Fees and charges are imposed for a specific government service or product provided directly to the City of South San Francisco Printed on 10/17/2020Page 1 of 4 powered by Legistar™ File #:20-756 Agenda Date:10/14/2020 Version:1 Item #:18d. and/or such Fees and charges are imposed for a specific government service or product provided directly to the payor that is not provided to those not charged,and which does not exceed the reasonable cost to the local government of providing the service or product,and/or such Fees and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses and permits,performing investigations,inspections and audits,enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or such fees and charges are imposed as a condition of property development; and WHEREAS,the City will adopt a separate resolution to set the Fee at rates consistent with the Nexus Study and this Ordinance; and WHEREAS,in accordance with Section 66019 of the Mitigation Fee Act,at least fourteen (14)days prior to the public hearing at which this Ordinance was introduced,notice of the time and place of the hearing was mailed to interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS,ten (10)days advance notice of the public hearing at which this Ordinance was introduced was given by publication in accordance with Government Code Section 6062a; and WHEREAS,in accordance with Section 66016 of the Mitigation Fee Act,at least ten (10)days prior to the public hearing at which this Ordinance was introduced,the Nexus Study was made available to the public for review; and WHEREAS,the action taken by this Ordinance has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City,does not commit the City to any specific project,and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance with the California Environmental Quality Act (“CEQA”)when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines,Section 15004(b)(1)).Therefore, approval of the Fee and/or charges is not a “project”for purposes of CEQA,pursuant to CEQA Guidelines, Section 15378(b)(4);and,even if considered a “project”under CEQA,is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3)because it can be seen with certainty that there is no possibility that approval of the Fee and/or charges may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1.Findings The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Adoption of Chapter 8.75 The City Council hereby adopts Chapter 8.75 (“Public Safety Impact Fee”)of Title 8 of the South San Francisco Municipal Code to read as follows: City of South San Francisco Printed on 10/17/2020Page 2 of 4 powered by Legistar™ File #:20-756 Agenda Date:10/14/2020 Version:1 Item #:18d. Chapter 8.75 8.75.010 Purpose. 8.75.020 Public Safety Impact Fee established. 8.75.030 Use of fee revenues. 8.75.040 Appeals. 8.75.010 Purpose. The purpose of the Public Safety Impact Fee (“Fee”)is to provide funding for adequate police and fire equipment,vehicles,and facilities to meet the broad range of needs of South San Francisco residents and employees, as established in the General Plan. 8.75.020 Public safety impact fee established. A.A Public Safety Impact Fee is established to pay for public safety services,including equipment, vehicles, and facilities. B.The City Council shall,in a resolution adopted after a duly noticed public hearing,set forth the amount of the fee,describe the need for the fee,list the types of services,facilities,and equipment to be financed,describe the estimated cost of these uses,describe the reasonable relationship between the fee and the various types of future development, and set forth time for calculation and payment of the fee. 8.75.030 Use of fee revenues. Public Safety Impact Fee revenue shall be used only for the purposes outlined in this chapter and by resolution, consistent with the purposes of the Fee. 8.75.040 Appeals. A developer may appeal the amount of the transportation impact fee due in writing to the City Manager with supporting documentation.The City Manager shall consider the appeal and shall make a decision on the appeal. The decision of the City Manager shall be final. SECTION 3.Severability. If any section,subsection,sentence,clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this Ordinance.The City Council hereby declares that it would have passed the Ordinance,and each and every section,subsection,sentence,clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. 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 City of South San Francisco Printed on 10/17/2020Page 3 of 4 powered by Legistar™ File #:20-756 Agenda Date:10/14/2020 Version:1 Item #:18d. 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 sixty (60) days from and after its adoption. ***** City of South San Francisco Printed on 10/17/2020Page 4 of 4 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-757 Agenda Date:10/14/2020 Version:1 Item #:18e. Ordinance amending Chapter 20.300 of the South San Francisco Municipal Code to repeal and reserve Section 20.300.007(K),eliminating the option for some property owners seeking to intensify the use of their properties to make a contribution to the Cultural Arts Fund in lieu of meeting City landscaping requirements. WHEREAS,Section 20.300.007 of the South San Francisco Municipal Code requires applicants for specified development projects to meet certain landscaping regulations for the properties to be developed; and WHEREAS,subsection (K)of Section 20.300.007 allows for a certain subset of development projects subject to the landscaping regulations to make a payment to the City’s Cultural Arts Fund in lieu of meeting all of the landscaping regulations; and WHEREAS,for at least 10 years,no applicant for development has sought to make a contribution to the Cultural Arts Fund in lieu of meeting the applicable landscaping requirements.At a meeting held on August 26, 2020, the City Council concluded that the in-lieu payment option should therefore be repealed; and WHEREAS,at the same meeting the City Council expressed its interest in considering the adoption of a Citywide public art requirement for all forms of new development that would allow applicants to make a payment to the Cultural Arts Fund in lieu of providing new public art as part of a project.The City Council will consider such an ordinance in calendar year 2021. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Findings The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2.Amendments to South San Francisco Municipal Code Chapter 20.300 Title 20,Chapter 20.300 of the South San Francisco Municipal Code is hereby amended to repeal subsection (K) of Section 20.300.007 and to reserve subsection (K) for future use. SECTION 3.Use of Cultural Arts Fund The Cultural Arts Fund established by Section 20.300.007 shall continue to exist and moneys in the Cultural City of South San Francisco Printed on 10/17/2020Page 1 of 2 powered by Legistar™ File #:20-757 Agenda Date:10/14/2020 Version:1 Item #:18e. The Cultural Arts Fund established by Section 20.300.007 shall continue to exist and moneys in the Cultural Arts Fund shall continue to be used for the purposes specified in Section 20.300.007 prior to its repeal. SECTION 4.Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid,the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 5.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. ***** City of South San Francisco Printed on 10/17/2020Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-747 Agenda Date:10/14/2020 Version:1 Item #:19. Report regarding a resolution ratifying the City Manager’s proclamation amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to temporarily authorize the City Manager to expand the Outdoor Dining Pilot Program.(Christopher Espiritu,Senior Planner and Sailesh Mehra,Planning Manager) RECOMMENDATION Staff recommends that the City Council ratify the City Manager’s proclamation amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to temporarily authorize the City Manager to expand the Outdoor Dining Pilot Program to extend the permit duration and include personal service uses, until the termination of the City’s Emergency Proclamation. BACKGROUND On July 8,2020,the City Council passed Resolution No.90-2020 amending the proclamation of a local health emergency to approve the Outdoor Dining Pilot Program (“Program”)throughout the City,with the intent to provide restaurants with a way to sustain at least some minimum level of revenue and activity while shelter-in- place regulations prohibit indoor dining. Within the first 60 days after Council approval,staff worked with the Chamber of Commerce to:design the Program,set up the expedited interdepartmental review process,conduct extensive outreach to restaurants, order 70 barricades to accommodate the first 8-10 restaurants,and successfully launch the Program (see Attachment 1). As of September 30,2020,staff has reviewed and approved 10 locations for outdoor dining.All 10 locations have begun outdoor dining operations,and the permits are valid for 90 days (first permits expire in November 2020).Based on initial feedback from participating restaurants,and observations from the Chamber and City staff,the Outdoor Dining Program is performing as intended.Restaurants offering outdoor dining in the Downtown and on private property such as Gunther’s,Fort McKinley,and others are experiencing renewed activity.For some restaurant operators,the addition of outdoor dining can further supplement the more predominant pick-up/take-out operations,while conforming to San Mateo County Health Orders and State of California Health Orders. Since the Pilot Program reached its initial capacity in September,a supplementary shipment of another 70 barricades has been procured to accommodate another 8-10 businesses.Staff is currently working closely with five additional restaurants that are expected to submit applications to staff.One of these restaurants,Nick’s on Grand,has expressed interest in leasing the adjacent vacant City lot at 223 Grand Ave.to convert temporarily to an outdoor dining area. As shown on Attachment 2,on September 8,2020,the City Manager signed a proclamation amending the Outdoor Dining Pilot Program in recognition of the initial success and need for outdoor service areas in the City of South San Francisco Printed on 10/7/2020Page 1 of 3 powered by Legistar™ File #:20-747 Agenda Date:10/14/2020 Version:1 Item #:19. Outdoor Dining Pilot Program in recognition of the initial success and need for outdoor service areas in the City and to accomplish two main tasks. First,the amendment extended the time limits for businesses to participate in the Outdoor Dining Pilot Program,as provided in Resolution No.90-2020,for an additional 90 days beyond the initial time limit of 90 days approved by City Council.This allows restaurants to continue operating in approved outdoor dining areas for a total of 180 days and enhance business recovery during COVID-19. Second,the amendment expanded the Outdoor Dining Pilot Program to include Personal Services,as defined in South San Francisco Municipal Code (“SSFMC”)Title 20,Chapter 20.620,which includes barber and beauty shops,seamstresses,tailors,dry cleaning agents (excluding large-scale bulk cleaning plants),shoe repair shops, self-service laundries,video rental stores,photocopying and photo finishing services,and travel agencies mainly intended for the consumer,but only to the extent these services are permitted to operate under County and State public health orders. The amendments to the Outdoor Dining Pilot Program,temporary suspension of regulations and requirements of the SSFMC,and temporary delegation of authority to the City Manager,provided for in the City Manager’s Emergency Proclamation and Resolution No.90-2020 were deemed to remain in effect for the duration of the Emergency Proclamation,as adopted by Resolution No.35-2020,and are meant to expire upon the termination of the Emergency Proclamation by the City Council. Pursuant to SSFMC,the City Council is required to review and ratify the City Manager’s Proclamation related to the Outdoor Dining Pilot Program for its continued effect.Therefore,staff recommends that,in the interest of public health and safety,as affected by the emergency caused by the spread of COVID-19,the City Council ratify the City Manager’s September 8, 2020 proclamation to protect life, property and civil order. As an update for the Council,in addition to the abovementioned amendments to the Program,staff is currently working to: ·Carry out a promotional campaign to build public awareness and excitement about outdoor dining in the Downtown.This includes a press release,postings on social media,banners,Public Service Announcements on the Clear Channel digital billboard,and other activities designed to generate interest and encourage people to visit the Downtown and try outdoor dining; ·Draft and execute a short-term license agreement to allow Nick’s to use 223 Grand for outdoor dining, for a monthly rate of (TBD), which would be consistent with Fair Market Value; ·Install hanging plants and wind guards; ·Develop plans to use the Breezeway for temporary use as an outdoor area for personal services; and ·Evaluate the program to date,and explore ways to improve the program,including an assessment of design standards and best practices for the outdoor areas. FISCAL IMPACT The expansion to include Personal Services,and the extension of the permit times,would not be expected to have a Fiscal Impact on the General Fund.The allocation of $35,000 for the procurement of an additional 70 traffic barriers and fencing would be funded through the City’s Sewer Enterprise Fund,with the intent to utilize the traffic barriers at the wastewater treatment facility at the conclusion of the Outdoor Dining and Services City of South San Francisco Printed on 10/7/2020Page 2 of 3 powered by Legistar™ File #:20-747 Agenda Date:10/14/2020 Version:1 Item #:19. Program. CONCLUSION Staff recommends that the City Council ratify the City Manager’s proclamation amending the proclamation of a local health emergency (adopted pursuant to Resolution No.35-2020)to temporarily authorize the City Manager to expand the Outdoor Dining Pilot Program,now Outdoor Dining and Services Pilot Program,to extend the permit duration and include personal service uses,until the termination of the City’s Emergency Proclamation. Attachments: 1.Outdoor Dining Pilot Program Handout & Application Packet 2.Proclamation amending the Outdoor Dining Pilot Program in the City of South San Francisco to enhance business recovery during COVID-19 City of South San Francisco Printed on 10/7/2020Page 3 of 3 powered by Legistar™ 
 1.Use of the on-street parking spaces shall be limited to the striped dimensions of the parking stall areas and shall not encroach into the through travel lane. 2.Restaurants using these areas will need to provide their own furniture for use of by the patrons and will be responsible for securing their furniture when not in use. 3.Outdoor Dining areas at corners cannot extend beyond the space occupied by a standard parked car. 4.Do not eliminate or obstruct existing, on-street disabled parking. 5.Allow adequate spacing next to remaining parking stalls for opening of vehicle doors. 6.Restaurants may expand their space to include areas fronting adjacent storefronts if they get a signed letter granting permission from the owner of the adjacent storefront. 7.This Permit does not allow for placing tables and chairs on the sidewalks. Consult with the Planning Department regarding the use on sidewalks. Temporary Outdoor Dining Program 3. Layout of Outdoor Dining Areas 1. Arrangements for outdoor dining must be worked out with the property owner for each location. The City would not be a party to discussions or arrangements concerning the leasing or use of outdoor space on private property. 2. The following specific conditions apply to these areas: a.Restaurants must have the permission of the property owner in order to use the parking space areas. b.The parking lots must still comply with all ADA standards, including ADA paths of travel and adequate provision of handicapped parking spaces pursuant to California Building Code Section 11B. c.Restaurants that are providing alcohol service must meet all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages. d.Maintain access to emergency utilities such as fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. e.Consideration should be given to maintaining adequate parking supply on-site to prevent spillover parking in adjacent residential areas. f.Driveway entrances and exits shall always remain unobstructed. g.Temporary outdoor lighting in compliance with California Green Building Code Light Pollution standards is allowed. Lighting shall be turned off whenever the restaurant is closed and/or the outdoor dining area is not in use. h.All items installed to support outdoor dining shall be temporary in nature and removed at such the time the City so orders. Upon removal of these items, the site shall be restored to its previous condition within 48 hours. i.Restaurant patrons shall have access to the restroom(s) affiliated with the subject restaurant. Outdoor Dining On Private Property Outdoor Dining On-Street Parking Spaces RESTAURANTS MUST ADHERE TO SOCIAL DISTANCING PROTOCOLS PER SAN MATEO COUNTY ORDER NO. C19-5F. 1.When applying for a Permit, provide proof of liability insurance and indemnification of the City as well as a diagram showing placement of tables and chairs. 2.Restaurants that want to place tables and chairs in front of adjacent storefronts will need the permission of the property and business owner. 3.If a restaurant wishes to serve alcoholic beverages as part of outdoor dining, a permit is required from the California Department of Alcoholic Beverage Control (https:// www.abc.ca.gov/). 4.Restaurants are responsible for providing, setting up and taking down tables and chairs on sidewalks or parking spaces. 5.Only tables and chairs are allowed in the designated areas for dining. 6.Restaurants must keep dining areas clean and adhere to Social Distancing Protocols per San Mateo County Order No. c19-5F. 1. Applications & Submittals 1. Applicants must file a Temporary Outdoor Dining Permit for review by the City. a. The City reserves the right to determine on a case-by-case basis the suitability and appropriateness of the public property (sidewalk or parking area) requested by the restaurant for outdoor dining. b. Available right-of-way or parking spaces to be used for outdoor dining shall be identified based on the availability of the space fronting the business and may not include areas fronting adjacent businesses without consent c. Encroachment Permit Fees $325 (per Adopted Master Fee Schedule 2019-2020) may be waived to reduce cost-associated barriers for business/restaurant participation. 2. Participation in the Temporary Outdoor Dining Program is limited to 45 days, with the option to review and extend for another 45 days, but no more than 90 days total. 3. Applicants must comply with San Mateo County Outdoor Dining Safety Requirements, including on-site posting of health information for employees and patrons. 4. Supplemental Information required by the San Mateo County Health Department must be submitted to the City. 5. Restaurants/businesses that serve alcohol may continue to serve alcohol in the outdoor dining area, as long as specific requirements are met: a. An applicant/operator with a current Alcohol and Beverage (ABC) license and approval may only serve alcohol within an approved area as reviewed by ABC. b. In the event that ABC requires layout modifications to the approved, the applicant shall submit revised layout to the City for review and approval. c. The applicant/operator is responsible for obtaining and conforming to ABC requirements and file any other necessary applications to continue serving alcohol. d. A copy of the current ABC license shall be submitted to the City. In order to retain the Temporary Outdoor Dining Permit and serve in the sidewalk café area, the operator shall maintain the license. 6. Restaurants operate at their own risk and shall defend and indemnify the City for all activity that occurs in the outdoor dining area. a.Applicants must identify the City of South San Francisco as an additional insured party and provide a copy of the insurance certificate. b.As required by the City’s Temporary Outdoor Dining Permit, applicants shall procure and maintain during the term of the Permit the following policies of insurance: i)Workers Compensation and Employers’ Liability Insurance in the statutory coverage. ii)Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) NO PERMIT SHALL BE ISSUED UNLESS PROOF OF ADEQUATE INSURANCE, AS DETERMINED BY THE CITY, IS PROVIDED BY THE RESTAURANT. 2. Operations & Maintenance 1.Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the corresponding restaurant or business for which the outdoor use is granted. 2.Furniture used for outdoor dining shall not be secured to lampposts, streetlights, trees or any other public street furniture. 3.All approved furniture used for outdoor dining shall be properly maintained and cleaned regularly and be placed to allow pedestrians to move safely in the sidewalk at all times. 4.The applicant/operator shall comply with all applicable Fire and Building codes at all times. 5. Maintain ADA required access and clearances at all times: a.Other cities provided specialized benches and/or tables where one side can be used by people in wheelchairs or mobility devices and ADA required table heights are maintained. b.The applicant/operator shall ensure safety and stability of all equipment used for outdoor dining. c.Temporary fixtures such as tables, seating, umbrellas, heating lamps, planters, platforms or flooring to achieve ADA compliance, and any approved physical barriers to mark the seating area are the only items permitted in the public right-of-way. 6. The applicant/operator shall be responsible for the proper maintenance of the outdoor dining area at all times, including properly disposing of all trash generated by the operation. a.The applicant/operator shall be held responsible for emptying and cleaning all trash receptacles within the operating area. For information about the Outdoor Dining Program, contact the Planning Division at (650) 829-6620 or SSFplanning@ssf.net For Information about the Outdoor Dining Program, contact the Planning Division at (650) 829-6620 or SSFplanning@ssf.net TABLES, HEATERS, UMBRELLAS, AND PERSONAL BELONGINGS CANNOT ENCROACH INTO THE TRAFFIC OR PEDESTRIAN LANES (SIDEWALKS) CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Outdoor Dining Permit Form (Revised 7/2020) Page 1 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: RESTAURANT / STORE NAME: NAME OF OWNER ADDRESS CITY, STATE, ZIP TELEPHONE ___________________________________ E-MAIL NAME OF BUSINESS OPERATOR SSF BUSINESS LICENSE # TELEPHONE ___________________________________ E-MAIL APPLICATION SUBMISSION CHECKLIST (Confirmed by Planning) 1. Applicant has reviewed and accepted the Permit Conditions on the following pages. ☐ YES ☐ NO 2. Review and comply with the San Mateo County Outdoor Dining Safety Requirements ☐ YES ☐ NO a. Submit supplemental information required by the SMC requirements (Appendix A) ☐ YES ☐ NO ☐ N/A 3. Provide Site Plan showing the Outdoor Dining Area layout and clear 5-ft sidewalk path ☐ YES ☐ NO 4. Provide furniture descriptions and photographs of examples (anything in the Public right-of-way). ☐ YES ☐ NO 5. Provide maintenance plan for: trash cleanup of area, additional trash receptacles, and/or furniture. ☐ YES ☐ NO 6. Provide Certificate of Insurance that meets the requirements of Condition 15 on the following pages. ☐ YES ☐ NO 7. If alcohol will be served in the Outdoor Dining Area, a. Submit a current copy of Business’s ABC License ☐ YES ☐ NO ☐ N/A b. Copy of revised layout modification submitted to ABC ☐ YES ☐ NO ☐ N/A 8. If Outdoor Dining Area is proposed to extend beyond the current storefront, a. Submit an approval letter from the neighboring property owner of that frontage. ☐ YES ☐ NO ☐ N/A b. Submit an approval letter from the neighboring business operator of that frontage. ☐ YES ☐ NO ☐ N/A PLEASE SEE ATTACHED PAGES FOR PERMIT CONDITIONS I hereby acknowledge that I have read the permit and the attached conditions, that the information given by me is correct, that I am the owner or the duly authorized agent of the owner to act and consent on their behalf, and that I agree to comply with the attached conditions and all applicable provisions of state laws, city ordinances, and the rules of any governmental agency involved. SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE DATE DO NOT WRITE BELOW THIS LINE – FOR USE BY CITY STAFF 1 APPROVED by Planning Division: DATE: 2 APPROVED by Engineering Division: DATE: PERMIT NO: FOR INSPECTIONS Public Works (650) 829-6656 24 HR in Advance CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Outdoor Dining Permit Form (Revised 7/2020) Page 2 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: PERMIT NO.: This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions. Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special Conditions of this permit. # STANDARD CONDITIONS 1 Purpose: Permittee certifies that it has the legal authority to occupy and use the public right-of-way for the purpose stated in the application. This nonexclusive and temporary Permit is limited to the purpose stated in the application. Any installation, maintenance, or operation of facilities in the public right-of-way requires the Permittee/Owner to execute an Encroachment and Maintenance Agreement or a similar form of agreement with the City. Neither this Permit nor any work done by Permittee shall create a vested right of Permittee to occupy or utilize the public right-of-way. If any prior encroachment permit conflicts with the proposed work, Permittee shall arrange for any necessary removal or relocation with the prior permittee if willing at no expense to the City. 2 COVID-19 Safety Compliance: Permittee shall comply with the June 17, 2020 Order of the Health Officer of the County of San Mateo directing all individuals in the County to limit gatherings to not exceed 50 people, allow social bubbles, adhere to social distancing requirements, face covering requirements, and requiring business to implement a social distancing protocol and written health and safety plan (“Shelter-in-Place Order) and any subsequent Health Order issued by the Health Officer of the County (“Subsequent Order”). Permittee shall comply with the following: a. Statewide Industry-Specific Guidance, available at https://covid19.ca.gov/industry-guidance, and any subsequent updates; b. San Mateo County COVID-19 Requirements and Industry-Specific Guidance available at https://www.smchealth.org/post/covid-19- requirements-resources; and/or c. Any applicable subsequent updates or guidelines issued by the Health Officer of San Mateo County. 3 Boundary Limits: This Permit is limited to the “Outdoor Dining Area” defined as public right-of-way described in the application site plan that will be occupied. 4 Term: The term of this Permit is limited to 45 days. Additional 45 day extensions may be granted upon request by Permittee and approval from the Planning, Building, and Engineering divisions. The Permit total duration is limited to a maximum of 90 days. Upon revocation or expiration of this Permit, Permittee shall suspend all activity within the Outdoor Dining Area and shall be responsible for the repair of any damage to City property caused by Permittee, as directed by City. 5 Fees: As approved by the City Council, the permit fees for this permit are waived. All other expenses unrelated to permit review, inspection, and barrier setup shall be at the sole expense of Permittee. 6 Business License: Permittee and/or contractor shall maintain a current business license in the City of South San Francisco as applicable. 7 Operation: Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the corresponding business. 8 Sidewalk Clearance: A minimum clear width of five (5) feet of sidewalk shall be maintained at all times for safe passage across the property frontage. 9 ADA Access: Permittee shall be responsible for complying and maintaining ADA accessibility to and from the Outdoor Dining Area. 10 Furniture: Permittee shall be responsible for providing, maintaining, and removing any outdoor furniture used by the Outdoor Dining Area. All dining furniture shall be removed from the public right-of-way outside of business hours. 11 Trash: Permittee shall be responsible for providing and emptying additional trash receptacles and cleaning any trash generated by the CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Outdoor Dining Permit Form (Revised 7/2020) Page 3 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: PERMIT NO.: This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions. Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special Conditions of this permit. # STANDARD CONDITIONS Outdoor Dining Area for the duration of the Permit. 12 Inspection: All work is subject to the City’s monitoring, inspection, and approval. Permittee shall call the Building Inspector to schedule inspection of ADA accessibility (If applicable). Upon removal of the Outdoor Dining Area, Permittee shall call the Public Works Inspector to schedule inspection to confirm the area is clear and no damage to public property has occurred. Inspection scheduling requires a minimum of 24-hours’ notice before required inspection time. 13 Restoration and Completion of Work: Upon expiration or revocation of this Permit, Permittee shall be responsible for removing all furniture, trash receptacles, and other facilities related to the Outdoor Dining Area with the exception of the City provided water barriers. Any damage to the public right-of-way within the Outdoor Dining Area caused by the use of the Outdoor Dining Area shall be restored by the Permittee. a.Upon completion of the work, Permittee shall request that the City conduct a final inspection by scheduling with the Public Works Inspector at least 24-hrs prior to requested inspection time. b.If the work is not completed within the time required or not acceptable to City staff, then the Public Works Director or their designee shall notify Permittee in writing. Within forty-eight (48) hours of such notice, Permittee shall restore the public right-of-way in conformance with the City Standards Details and Specification and this Permit’s conditions and remedy all deficiencies including subsurface material or pavement depressions, breaking, or other failures. If the Permittee fails to do the restoration after such notice, then the City may undertake such work at the expense of the Permittee. The City’s determination of the cost of the work perform shall be final. c.If Permittee fails to compensate the City for the restoration work undertaken pursuant to 12(c) above within five (5) business days of notification, then the City shall have the right to take whatever actions are necessary to recover its damages, costs, and expenses including but not limited to withholding the amount due with payment made from the performance deposit or any remaining administrative or inspection fee amount or commencing an action against the bond. d.Any repair or restoration work undertaken by the City pursuant to 12(c) above shall not relieve Permittee in any manner from liability at the site of the repair or restoration including but not limited to future failures. e.The City may undertake any restoration or repair work that has been left incomplete or performed inadequately by Permittee at Permittee’s cost without notification to Permittee if the City has determined that there has been a violation of any condition of the permit; that an excavation constitutes a hazardous situation, public nuisance, public emergency or threat to public health, safety, or welfare, or it is in the City’s best interest. 14 Release and Indemnification: Permittee hereby releases the City from any liability, claims, damages or any obligations relating to any bodily injury, sickness, disease, or death of any person or damages to any property or any person arising out of work performed by Permittee, its contractors, or subcontractors in performance of this Permit. Permittee agrees to indemnify, defend, and hold harmless City and its officers, agents, volunteers, and employees from any and all actions, claims, and liability for any loss or damage, including but not limited to, bodily injuring, sickness, disease, or death of any person or damage to any property, tangible or intangible, arising out of work performed by Permittee, its contractors, or subcontractors in performance of this Permit or the entry upon the Property. This release and indemnification shall survive termination of this Permit. CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Outdoor Dining Permit Form (Revised 7/2020) Page 4 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: PERMIT NO.: This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions. Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special Conditions of this permit. # STANDARD CONDITIONS 15 Insurance: Permittee shall procure and maintain during the term of this Permit the following policies of insurance: a. Worker’s Compensation and Employers’ Liability Insurance in the statutory coverage. Permittee certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and it will comply with such provisions before commencing the performance of the work pursuant to this Permit. b. Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) for injuries including, but not limited to, death to any one person and subject to the same limit for each person; in an amount not less than TWO MILLION DOLLARS ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. c. The insurance required by this Permit shall be in an aggregate amount of not less than Two Million Dollars ($2,000,000) and shall be extended to include as additional insureds the City of South San Francisco, its elective and appointive boards, officers, agents, employees and volunteers, with respect to operations performed by the Permittee as described herein. Evidence of the insurance described above shall be provided to City upon issuance of this Permit. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to City. d. At the City’s sole discretion, the City’s Risk Manager may modify or waive these requirements on a case-by-case basis. 16 Assignment: Permittee shall not assign or otherwise transfer any rights under this Permit, and any purported assignment or transfer shall automatically revoke this Permit. 17 No Dedication; Possessory Interest Tax: Nothing contained in this Permit shall be deemed a gift or dedication of any portion of the Property to or for the general public or for any public purpose whatsoever. This permit shall not be construed to grant any real property interest or other rights to Permittee in the Property. However, if it is deemed that this Permit creates an interest subject to the possessory interest tax, then Permittee is responsible for paying such tax. 18 No Waiver: No waiver of any default or breach of any condition or term of this Permit shall be implied from any omission to take action on account of such default or breach. 19 No Precedent Established: This Permit is issued with the understanding that any particular action is not to be considered as establishing any precedent, including as precedent for the expediency, utility, or authority of any kind of encroachment. This Permit and any associated Improvement Agreement or Encroachment and Maintenance Agreement constitute the entire agreement between the City and Permittee pertaining to entry and work upon the Property. Application Checklist Required Submittals: ☐ Temporary Outdoor Dining Permit Application (completed and signed) ☐ Insurance Certificate (See Permit Application Standard Condition #15 and Attached Sample) ☐ Site Plan (must show 5’0” clearance path on sidewalk at all times) ☐ Proposed Outdoor Dining Layout (drawing of proposed dining area with furniture or other elements) ☐ List or Photographs of Furniture (every object to be placed in the right-of-way) (Sample Attached) ☐ Maintenance Plan (includes providing additional trash receptacles and properly disposing of all trash generated by the operation) (Sample Attached) If alcohol will be served in the Outdoor Dining Area, the applicant/operator must: ☐ Submit current copy of ABC License ☐ Copy of revised layout modification submitted to ABC If Outdoor Dining Area is proposed to extend beyond the storefront, applicant/operator must: ☐ Submit a letter indicating permission to use the right-of way from the property owner of the neighboring building. ☐ Submit a letter indicating permission from the neighboring business operator. ☐ Compliance with San Mateo County Outdoor Dining Safety Requirements DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS OTHER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ $ $ $ EACH OCCURRENCE $ AGGREGATE $ COVERAGES INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY)LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ BODILY INJURY (Per accident)$ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident)$ BODILY INJURY (Per person)$ PROPERTY DAMAGE (Per accident)$ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC AGG $ $ ADDITIONAL INSURED; INSURER LETTER:CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE CANCELLATION (BELOW & SEE REVERSE) ACORD 25-S (7/97)© ACORD CORPORATION 1988 TMACORD DATE (MM/DD/YY)CERTIFICATE OF LIABILITY INSURANCE INSURED PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: Acme Products 123 Mail Street Anytown, USA 12345 My Insurance Company ✔A ✔ 123456789 01/01/08 01/01/09 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 ✔A 1,000,000 5,000,000 5,000,000 A ✔ 321654987 01/01/08 ✔ 1,000,000 1,000,000 1,000,000 01/01/09 **Please Note Additional Requirements: Certificate Holder is named as an Additional Insured under the General Liability policy (per CG2015 or equivalent) and Umbrella/Excess Liability policy on a primary & non-contributory basis. Waiver of Subrogation is provided in favor of the certificate holder under the General Liability and Umbrella policies. Certificate of Insurance shall disclose any self-insured retention Signature SUPPLIER INSURANCE GUIDELINES City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 123456789 01/01/08 01/01/09 10987654321 01/01/08 01/01/09 A $ - 01/01/08 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES B ECANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ISSUER, ITS AGENTS OR REPRESENTATIVES. List of Furniture or Equipment for Outdoor Dining The following shall be used for the proposed Outdoor Dining at ________________________ ☐ Tables ☐ Chairs ☐ Heaters/Heating Equipment ☐ Additional trash receptacles ☐ Planters ☐ Temporary Flooring ☐ Other Items (List below) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Outdoor Dining Maintenance Plan The following provides specific maintenance and cleaning protocols that the applicant or operator of the temporary outdoor dining at ______________________ is required to implement, in compliance with the City of South San Francisco’s Guidance for Temporary Outdoor Dining during COVID-19, current San Mateo County Health Department Orders, and other COVID-19 guidance for outdoor dining. • The applicant/operator shall regularly clean and maintain all approved furniture used for outdoor dining regularly and be placed to allow pedestrians to move safely in the sidewalk at all times. • The applicant/operator shall be responsible for the proper maintenance of the outdoor dining area at all times, including properly disposing of all trash generated by the operation. • The applicant/operator shall be held responsible for emptying and cleaning all trash receptacles within the operating area. Cleaning and Disinfecting Protocols • Perform thorough cleaning in high traffic areas. • Frequently disinfect commonly used surfaces and surfaces touched by patrons. • Clean touchable surfaces between shifts or between users, whichever is more frequent. • Equip spaces such as dining and tasting rooms, bar areas, host stands, and kitchens with proper sanitation products, including hand sanitizer and sanitizing wipes and ensure availability. • Ensure that sanitary facilities stay operational and stocked at all times. • Provide time for workers to implement cleaning practices during shifts and consider third-party cleaning companies. • Remove dirty linens from dining tables from dining areas in sealed bags. • Thoroughly clean each customer dining location after each use. • Provide hand sanitizer at guest and employee entrances and contact areas. I hereby acknowledge that I have read the above guidance and that I agree to comply with the Maintenance Plan and all applicable provisions of state laws, city ordinances, and the rules of any governmental agency involved . SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE DATE City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-748 Agenda Date:10/14/2020 Version:1 Item #:19a. Resolution ratifying the City Manager’s proclamation amending the proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to temporarily authorize the City Manager to expand the Outdoor Dining Pilot Program. WHEREAS,Section 8630,Article 14,of the California Emergency Services Act empowers the City Council to proclaim the existence or threatened existence of a local emergency when the City of South San Francisco (“City”) is affected or likely to be affected by a public calamity; and WHEREAS,Section 2.72.060 of the South San Francisco Municipal Code (“SSFMC”)authorizes the City Manager,serving as the Director of Emergency Services to proclaim,or to request the City Council to proclaim, the existence or threatened existence of a local emergency; and WHEREAS,SSFMC Section 2.72.060 authorizes the director of emergency services to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency;provided,however,such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS,on March 11,2020,the City Council passed Resolution No.35-2020 proclaiming a local State of Emergency related to the Novel Coronavirus 2019 (COVID-19); and WHEREAS,on March 16,2020,seven health officers within six Bay Area counties,including San Mateo County (“County”),took a unified step to slow the spread of COVID-19 and preserve critical health care capacity across the region by issuing a legal order directing their respective residents to shelter at home and limiting activity,travel and business functions to only the most essential needs for three weeks,beginning March 17, 2020; and WHEREAS,on March 19,2020,Governor Gavin Newsom issued a statewide order ordering all individuals living in the State of California (“State”)to stay home or at their place of residence,except as needed to maintain continuity of operation of the federal critical infrastructure sectors; and WHEREAS,on May 13,2020,the City Council passed Resolution No.57-2020 amending and updating the Emergency Proclamation; and WHEREAS,San Mateo County and six other Bay Area jurisdictions have been under a Shelter in Place public health order due to COVID-19 since March 17,2020 and multi-month closure of many of the County’s local businesses is putting a huge financial strain on all industries; and City of South San Francisco Printed on 10/17/2020Page 1 of 4 powered by Legistar™ File #:20-748 Agenda Date:10/14/2020 Version:1 Item #:19a. WHEREAS,on June 17,2020,the San Mateo County Health Officer and the County Health Department announced revised orders to align with State Health Orders allowing for the continued re-opening of businesses,provided that gatherings are not to exceed 50 people,allow for social bubbles,adherence to social distancing requirements,face covering requirements,and requirements for businesses to implement a social distancing protocol and written health and safety plans; and WHEREAS,in conjunction with the revised San Mateo County Health Orders,nearly all cities in San Mateo County have implemented an outdoor dining program; and WHEREAS,the City has an important governmental interest in maintaining a healthy,active,and thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS,to protect the health and safety of the City,while fostering the economic wellbeing of the City's citizens and businesses,the City wishes to assist both essential and non-essential businesses in remaining open, or re-opening when lawfully permitted to do so pursuant to County and State public health orders; and WHEREAS,for the City’s business community to survive the challenge presented by the COVID-19 pandemic and the resulting business closures,the City finds that temporary emergency modifications to existing policies and regulations are needed to help implement the Program; and WHEREAS,under the current emergency circumstances,the City finds that it is in the best interests of the public health,safety and welfare to permit the temporary use of the Downtown Area public right-of-way space by restaurants and businesses,with appropriate conditions to preserve the public safety and necessary public access to those resources,and finds that City staff should be given broad discretion to modify existing City policies,procedures and regulations in order to effectively assist the City’s local businesses in their reopening efforts; and WHEREAS,on July 8,2020,the City Council passed Resolution No.90-2020 amending the proclamation of a local health emergency to approve the Outdoor Dining Pilot Program,to allow interested restaurants and businesses within the Downtown zoning districts to,with review and approval by the City,utilize public right- of-way space, including adjacent parking spaces, for an expanded dining area; and WHEREAS,on September 8,2020,the City Manager signed a proclamation amending the outdoor dining pilot program in the City of South San Francisco to enhance business recovering during COVID-19; and WHEREAS,the City Manager’s proclamation extended the time limit for businesses to participate in the Temporary Dining Program,as provided in Resolution 90-2020,by 90 days beyond the initial time limit approved by City Council to allow restaurants and businesses to continue operating in approved outdoor dining and activity areas; and WHEREAS,the City Manager’s proclamation expanded the Outdoor Dining Pilot program to include Personal Services,as defined in SSFMC Title 20,Chapter 20.620,which includes barber and beauty shops,seamstresses, tailors,dry cleaning agents (excluding large-scale bulk cleaning plants),shoe repair shops,self-service laundries,video rental stores,photocopying and photo finishing services,and travel agencies mainly intended for the consumer,but only to the extent these services are permitted to operate under County and State public City of South San Francisco Printed on 10/17/2020Page 2 of 4 powered by Legistar™ File #:20-748 Agenda Date:10/14/2020 Version:1 Item #:19a. health orders; and WHEREAS,the authority vested in the City Manager in Resolution No.90-2020,to implement the Outdoor Dining Pilot Program,was also extended to implement the inclusion of Personal Services in the Outdoor Dining Pilot program; and WHEREAS,the amendments to the Outdoor Dining Pilot Program,temporary suspension of regulations and requirements of the SSFMC,and temporary delegation of authority to the City Manager,provided for in the City Manager’s Emergency Proclamation and Resolution No.90-2020 were deemed to remain in effect for the duration of the Emergency Proclamation,as adopted by Resolution No.35-2020,and will expire upon the termination of the Emergency Proclamation by the City Council; and WHEREAS,the City Council is required to review and ratify the City Manager’s Proclamation related to the Outdoor Dining Pilot Program for its continued effect; and WHEREAS,in the interest of public health and safety,as affected by the emergency caused by the spread of COVID-19,the City Council desires to ratify the City Manager’s September 8,2020 Proclamation to protect life, property and civil order. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco,based on the foregoing recitals that shall constitute findings in this resolution,do hereby declare that the following amendments to the proclamation of a local emergency,adopted by Resolution 35-2020,are necessary to protect life, property and civil order, and order the following: 1.The above recitals are true and correct and incorporated herein by this reference. 2.The City Manager’s September 8,2020 Proclamation amending the Outdoor Dining Pilot Program in the City of South San Francisco to enhance business recovering during COVID-19 is hereby ratified. 3.The time limit for businesses to participate in the Temporary Dining Program,as provided in Resolution No.90-2020,attached hereto and incorporated herein as Exhibit A,and the City Manager’s September 8,2020 Proclamation,attached hereto and incorporated herein as Exhibit B,is hereby extended for an additional 90 days beyond the initial time limit approved by City Council to allow restaurants and businesses to continue operating in approved outdoor dining and activity areas. 4.The Outdoor Dining Pilot Program is hereby expanded to include Personal Services,as defined in South San Francisco Municipal Code (“SSFMC”)Title 20,Chapter 20.620,which includes barber and beauty shops,seamstresses,tailors,dry cleaning agents (excluding large-scale bulk cleaning plants),shoe repair shops,self-service laundries,video rental stores,photocopying and photo finishing services,and travel agencies mainly intended for the consumer,but only to the extent these services are permitted to operate under County and State public health orders. 5.All authority vested in the City Manager by City Council in Resolution No.90-2020,to implement the Outdoor Dining Pilot Program,shall also apply to implement the inclusion of Personal Services in the Outdoor Dining Pilot Program. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its adoption. City of South San Francisco Printed on 10/17/2020Page 3 of 4 powered by Legistar™ File #:20-748 Agenda Date:10/14/2020 Version:1 Item #:19a. ***** City of South San Francisco Printed on 10/17/2020Page 4 of 4 powered by Legistar™ 
 1.Use of the on-street parking spaces shall be limited to the striped dimensions of the parking stall areas and shall not encroach into the through travel lane. 2.Restaurants using these areas will need to provide their own furniture for use of by the patrons and will be responsible for securing their furniture when not in use. 3.Outdoor Dining areas at corners cannot extend beyond the space occupied by a standard parked car. 4.Do not eliminate or obstruct existing, on-street disabled parking. 5.Allow adequate spacing next to remaining parking stalls for opening of vehicle doors. 6.Restaurants may expand their space to include areas fronting adjacent storefronts if they get a signed letter granting permission from the owner of the adjacent storefront. 7.This Permit does not allow for placing tables and chairs on the sidewalks. Consult with the Planning Department regarding the use on sidewalks. Temporary Outdoor Dining Program 3. Layout of Outdoor Dining Areas 1. Arrangements for outdoor dining must be worked out with the property owner for each location. The City would not be a party to discussions or arrangements concerning the leasing or use of outdoor space on private property. 2. The following specific conditions apply to these areas: a.Restaurants must have the permission of the property owner in order to use the parking space areas. b.The parking lots must still comply with all ADA standards, including ADA paths of travel and adequate provision of handicapped parking spaces pursuant to California Building Code Section 11B. c.Restaurants that are providing alcohol service must meet all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages. d.Maintain access to emergency utilities such as fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. e.Consideration should be given to maintaining adequate parking supply on-site to prevent spillover parking in adjacent residential areas. f.Driveway entrances and exits shall always remain unobstructed. g.Temporary outdoor lighting in compliance with California Green Building Code Light Pollution standards is allowed. Lighting shall be turned off whenever the restaurant is closed and/or the outdoor dining area is not in use. h.All items installed to support outdoor dining shall be temporary in nature and removed at such the time the City so orders. Upon removal of these items, the site shall be restored to its previous condition within 48 hours. i.Restaurant patrons shall have access to the restroom(s) affiliated with the subject restaurant. Outdoor Dining On Private Property Outdoor Dining On-Street Parking Spaces RESTAURANTS MUST ADHERE TO SOCIAL DISTANCING PROTOCOLS PER SAN MATEO COUNTY ORDER NO. C19-5F. 1.When applying for a Permit, provide proof of liability insurance and indemnification of the City as well as a diagram showing placement of tables and chairs. 2.Restaurants that want to place tables and chairs in front of adjacent storefronts will need the permission of the property and business owner. 3.If a restaurant wishes to serve alcoholic beverages as part of outdoor dining, a permit is required from the California Department of Alcoholic Beverage Control (https:// www.abc.ca.gov/). 4.Restaurants are responsible for providing, setting up and taking down tables and chairs on sidewalks or parking spaces. 5.Only tables and chairs are allowed in the designated areas for dining. 6.Restaurants must keep dining areas clean and adhere to Social Distancing Protocols per San Mateo County Order No. c19-5F. 1. Applications & Submittals 1. Applicants must file a Temporary Outdoor Dining Permit for review by the City. a. The City reserves the right to determine on a case-by-case basis the suitability and appropriateness of the public property (sidewalk or parking area) requested by the restaurant for outdoor dining. b. Available right-of-way or parking spaces to be used for outdoor dining shall be identified based on the availability of the space fronting the business and may not include areas fronting adjacent businesses without consent c. Encroachment Permit Fees $325 (per Adopted Master Fee Schedule 2019-2020) may be waived to reduce cost-associated barriers for business/restaurant participation. 2. Participation in the Temporary Outdoor Dining Program is limited to 45 days, with the option to review and extend for another 45 days, but no more than 90 days total. 3. Applicants must comply with San Mateo County Outdoor Dining Safety Requirements, including on-site posting of health information for employees and patrons. 4. Supplemental Information required by the San Mateo County Health Department must be submitted to the City. 5. Restaurants/businesses that serve alcohol may continue to serve alcohol in the outdoor dining area, as long as specific requirements are met: a. An applicant/operator with a current Alcohol and Beverage (ABC) license and approval may only serve alcohol within an approved area as reviewed by ABC. b. In the event that ABC requires layout modifications to the approved, the applicant shall submit revised layout to the City for review and approval. c. The applicant/operator is responsible for obtaining and conforming to ABC requirements and file any other necessary applications to continue serving alcohol. d. A copy of the current ABC license shall be submitted to the City. In order to retain the Temporary Outdoor Dining Permit and serve in the sidewalk café area, the operator shall maintain the license. 6. Restaurants operate at their own risk and shall defend and indemnify the City for all activity that occurs in the outdoor dining area. a.Applicants must identify the City of South San Francisco as an additional insured party and provide a copy of the insurance certificate. b.As required by the City’s Temporary Outdoor Dining Permit, applicants shall procure and maintain during the term of the Permit the following policies of insurance: i)Workers Compensation and Employers’ Liability Insurance in the statutory coverage. ii)Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) NO PERMIT SHALL BE ISSUED UNLESS PROOF OF ADEQUATE INSURANCE, AS DETERMINED BY THE CITY, IS PROVIDED BY THE RESTAURANT. 2. Operations & Maintenance 1.Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the corresponding restaurant or business for which the outdoor use is granted. 2.Furniture used for outdoor dining shall not be secured to lampposts, streetlights, trees or any other public street furniture. 3.All approved furniture used for outdoor dining shall be properly maintained and cleaned regularly and be placed to allow pedestrians to move safely in the sidewalk at all times. 4.The applicant/operator shall comply with all applicable Fire and Building codes at all times. 5. Maintain ADA required access and clearances at all times: a.Other cities provided specialized benches and/or tables where one side can be used by people in wheelchairs or mobility devices and ADA required table heights are maintained. b.The applicant/operator shall ensure safety and stability of all equipment used for outdoor dining. c.Temporary fixtures such as tables, seating, umbrellas, heating lamps, planters, platforms or flooring to achieve ADA compliance, and any approved physical barriers to mark the seating area are the only items permitted in the public right-of-way. 6. The applicant/operator shall be responsible for the proper maintenance of the outdoor dining area at all times, including properly disposing of all trash generated by the operation. a.The applicant/operator shall be held responsible for emptying and cleaning all trash receptacles within the operating area. For information about the Outdoor Dining Program, contact the Planning Division at (650) 829-6620 or SSFplanning@ssf.net For Information about the Outdoor Dining Program, contact the Planning Division at (650) 829-6620 or SSFplanning@ssf.net TABLES, HEATERS, UMBRELLAS, AND PERSONAL BELONGINGS CANNOT ENCROACH INTO THE TRAFFIC OR PEDESTRIAN LANES (SIDEWALKS) CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Outdoor Dining Permit Form (Revised 7/2020) Page 1 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: RESTAURANT / STORE NAME: NAME OF OWNER ADDRESS CITY, STATE, ZIP TELEPHONE ___________________________________ E-MAIL NAME OF BUSINESS OPERATOR SSF BUSINESS LICENSE # TELEPHONE ___________________________________ E-MAIL APPLICATION SUBMISSION CHECKLIST (Confirmed by Planning) 1. Applicant has reviewed and accepted the Permit Conditions on the following pages. ☐ YES ☐ NO 2. Review and comply with the San Mateo County Outdoor Dining Safety Requirements ☐ YES ☐ NO a. Submit supplemental information required by the SMC requirements (Appendix A) ☐ YES ☐ NO ☐ N/A 3. Provide Site Plan showing the Outdoor Dining Area layout and clear 5-ft sidewalk path ☐ YES ☐ NO 4. Provide furniture descriptions and photographs of examples (anything in the Public right-of-way). ☐ YES ☐ NO 5. Provide maintenance plan for: trash cleanup of area, additional trash receptacles, and/or furniture. ☐ YES ☐ NO 6. Provide Certificate of Insurance that meets the requirements of Condition 15 on the following pages. ☐ YES ☐ NO 7. If alcohol will be served in the Outdoor Dining Area, a. Submit a current copy of Business’s ABC License ☐ YES ☐ NO ☐ N/A b. Copy of revised layout modification submitted to ABC ☐ YES ☐ NO ☐ N/A 8. If Outdoor Dining Area is proposed to extend beyond the current storefront, a. Submit an approval letter from the neighboring property owner of that frontage. ☐ YES ☐ NO ☐ N/A b. Submit an approval letter from the neighboring business operator of that frontage. ☐ YES ☐ NO ☐ N/A PLEASE SEE ATTACHED PAGES FOR PERMIT CONDITIONS I hereby acknowledge that I have read the permit and the attached conditions, that the information given by me is correct, that I am the owner or the duly authorized agent of the owner to act and consent on their behalf, and that I agree to comply with the attached conditions and all applicable provisions of state laws, city ordinances, and the rules of any governmental agency involved. SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE DATE DO NOT WRITE BELOW THIS LINE – FOR USE BY CITY STAFF 1 APPROVED by Planning Division: DATE: 2 APPROVED by Engineering Division: DATE: PERMIT NO: FOR INSPECTIONS Public Works (650) 829-6656 24 HR in Advance CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Outdoor Dining Permit Form (Revised 7/2020) Page 2 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: PERMIT NO.: This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions. Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special Conditions of this permit. # STANDARD CONDITIONS 1 Purpose: Permittee certifies that it has the legal authority to occupy and use the public right-of-way for the purpose stated in the application. This nonexclusive and temporary Permit is limited to the purpose stated in the application. Any installation, maintenance, or operation of facilities in the public right-of-way requires the Permittee/Owner to execute an Encroachment and Maintenance Agreement or a similar form of agreement with the City. Neither this Permit nor any work done by Permittee shall create a vested right of Permittee to occupy or utilize the public right-of-way. If any prior encroachment permit conflicts with the proposed work, Permittee shall arrange for any necessary removal or relocation with the prior permittee if willing at no expense to the City. 2 COVID-19 Safety Compliance: Permittee shall comply with the June 17, 2020 Order of the Health Officer of the County of San Mateo directing all individuals in the County to limit gatherings to not exceed 50 people, allow social bubbles, adhere to social distancing requirements, face covering requirements, and requiring business to implement a social distancing protocol and written health and safety plan (“Shelter-in-Place Order) and any subsequent Health Order issued by the Health Officer of the County (“Subsequent Order”). Permittee shall comply with the following: a. Statewide Industry-Specific Guidance, available at https://covid19.ca.gov/industry-guidance, and any subsequent updates; b. San Mateo County COVID-19 Requirements and Industry-Specific Guidance available at https://www.smchealth.org/post/covid-19- requirements-resources; and/or c. Any applicable subsequent updates or guidelines issued by the Health Officer of San Mateo County. 3 Boundary Limits: This Permit is limited to the “Outdoor Dining Area” defined as public right-of-way described in the application site plan that will be occupied. 4 Term: The term of this Permit is limited to 45 days. Additional 45 day extensions may be granted upon request by Permittee and approval from the Planning, Building, and Engineering divisions. The Permit total duration is limited to a maximum of 90 days. Upon revocation or expiration of this Permit, Permittee shall suspend all activity within the Outdoor Dining Area and shall be responsible for the repair of any damage to City property caused by Permittee, as directed by City. 5 Fees: As approved by the City Council, the permit fees for this permit are waived. All other expenses unrelated to permit review, inspection, and barrier setup shall be at the sole expense of Permittee. 6 Business License: Permittee and/or contractor shall maintain a current business license in the City of South San Francisco as applicable. 7 Operation: Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the corresponding business. 8 Sidewalk Clearance: A minimum clear width of five (5) feet of sidewalk shall be maintained at all times for safe passage across the property frontage. 9 ADA Access: Permittee shall be responsible for complying and maintaining ADA accessibility to and from the Outdoor Dining Area. 10 Furniture: Permittee shall be responsible for providing, maintaining, and removing any outdoor furniture used by the Outdoor Dining Area. All dining furniture shall be removed from the public right-of-way outside of business hours. 11 Trash: Permittee shall be responsible for providing and emptying additional trash receptacles and cleaning any trash generated by the CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Outdoor Dining Permit Form (Revised 7/2020) Page 3 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: PERMIT NO.: This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions. Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special Conditions of this permit. # STANDARD CONDITIONS Outdoor Dining Area for the duration of the Permit. 12 Inspection: All work is subject to the City’s monitoring, inspection, and approval. Permittee shall call the Building Inspector to schedule inspection of ADA accessibility (If applicable). Upon removal of the Outdoor Dining Area, Permittee shall call the Public Works Inspector to schedule inspection to confirm the area is clear and no damage to public property has occurred. Inspection scheduling requires a minimum of 24-hours’ notice before required inspection time. 13 Restoration and Completion of Work: Upon expiration or revocation of this Permit, Permittee shall be responsible for removing all furniture, trash receptacles, and other facilities related to the Outdoor Dining Area with the exception of the City provided water barriers. Any damage to the public right-of-way within the Outdoor Dining Area caused by the use of the Outdoor Dining Area shall be restored by the Permittee. a.Upon completion of the work, Permittee shall request that the City conduct a final inspection by scheduling with the Public Works Inspector at least 24-hrs prior to requested inspection time. b.If the work is not completed within the time required or not acceptable to City staff, then the Public Works Director or their designee shall notify Permittee in writing. Within forty-eight (48) hours of such notice, Permittee shall restore the public right-of-way in conformance with the City Standards Details and Specification and this Permit’s conditions and remedy all deficiencies including subsurface material or pavement depressions, breaking, or other failures. If the Permittee fails to do the restoration after such notice, then the City may undertake such work at the expense of the Permittee. The City’s determination of the cost of the work perform shall be final. c.If Permittee fails to compensate the City for the restoration work undertaken pursuant to 12(c) above within five (5) business days of notification, then the City shall have the right to take whatever actions are necessary to recover its damages, costs, and expenses including but not limited to withholding the amount due with payment made from the performance deposit or any remaining administrative or inspection fee amount or commencing an action against the bond. d.Any repair or restoration work undertaken by the City pursuant to 12(c) above shall not relieve Permittee in any manner from liability at the site of the repair or restoration including but not limited to future failures. e.The City may undertake any restoration or repair work that has been left incomplete or performed inadequately by Permittee at Permittee’s cost without notification to Permittee if the City has determined that there has been a violation of any condition of the permit; that an excavation constitutes a hazardous situation, public nuisance, public emergency or threat to public health, safety, or welfare, or it is in the City’s best interest. 14 Release and Indemnification: Permittee hereby releases the City from any liability, claims, damages or any obligations relating to any bodily injury, sickness, disease, or death of any person or damages to any property or any person arising out of work performed by Permittee, its contractors, or subcontractors in performance of this Permit. Permittee agrees to indemnify, defend, and hold harmless City and its officers, agents, volunteers, and employees from any and all actions, claims, and liability for any loss or damage, including but not limited to, bodily injuring, sickness, disease, or death of any person or damage to any property, tangible or intangible, arising out of work performed by Permittee, its contractors, or subcontractors in performance of this Permit or the entry upon the Property. This release and indemnification shall survive termination of this Permit. CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION 315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080 Outdoor Dining Permit Form (Revised 7/2020) Page 4 of 4 TEMPORARY OUTDOOR DINING PERMIT ADDRESS: PERMIT NO.: This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions. Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special Conditions of this permit. # STANDARD CONDITIONS 15 Insurance: Permittee shall procure and maintain during the term of this Permit the following policies of insurance: a. Worker’s Compensation and Employers’ Liability Insurance in the statutory coverage. Permittee certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and it will comply with such provisions before commencing the performance of the work pursuant to this Permit. b. Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) for injuries including, but not limited to, death to any one person and subject to the same limit for each person; in an amount not less than TWO MILLION DOLLARS ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. c. The insurance required by this Permit shall be in an aggregate amount of not less than Two Million Dollars ($2,000,000) and shall be extended to include as additional insureds the City of South San Francisco, its elective and appointive boards, officers, agents, employees and volunteers, with respect to operations performed by the Permittee as described herein. Evidence of the insurance described above shall be provided to City upon issuance of this Permit. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to City. d. At the City’s sole discretion, the City’s Risk Manager may modify or waive these requirements on a case-by-case basis. 16 Assignment: Permittee shall not assign or otherwise transfer any rights under this Permit, and any purported assignment or transfer shall automatically revoke this Permit. 17 No Dedication; Possessory Interest Tax: Nothing contained in this Permit shall be deemed a gift or dedication of any portion of the Property to or for the general public or for any public purpose whatsoever. This permit shall not be construed to grant any real property interest or other rights to Permittee in the Property. However, if it is deemed that this Permit creates an interest subject to the possessory interest tax, then Permittee is responsible for paying such tax. 18 No Waiver: No waiver of any default or breach of any condition or term of this Permit shall be implied from any omission to take action on account of such default or breach. 19 No Precedent Established: This Permit is issued with the understanding that any particular action is not to be considered as establishing any precedent, including as precedent for the expediency, utility, or authority of any kind of encroachment. This Permit and any associated Improvement Agreement or Encroachment and Maintenance Agreement constitute the entire agreement between the City and Permittee pertaining to entry and work upon the Property. Application Checklist Required Submittals: ☐ Temporary Outdoor Dining Permit Application (completed and signed) ☐ Insurance Certificate (See Permit Application Standard Condition #15 and Attached Sample) ☐ Site Plan (must show 5’0” clearance path on sidewalk at all times) ☐ Proposed Outdoor Dining Layout (drawing of proposed dining area with furniture or other elements) ☐ List or Photographs of Furniture (every object to be placed in the right-of-way) (Sample Attached) ☐ Maintenance Plan (includes providing additional trash receptacles and properly disposing of all trash generated by the operation) (Sample Attached) If alcohol will be served in the Outdoor Dining Area, the applicant/operator must: ☐ Submit current copy of ABC License ☐ Copy of revised layout modification submitted to ABC If Outdoor Dining Area is proposed to extend beyond the storefront, applicant/operator must: ☐ Submit a letter indicating permission to use the right-of way from the property owner of the neighboring building. ☐ Submit a letter indicating permission from the neighboring business operator. ☐ Compliance with San Mateo County Outdoor Dining Safety Requirements DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS OTHER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ $ $ $ EACH OCCURRENCE $ AGGREGATE $ COVERAGES INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY)LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ BODILY INJURY (Per accident)$ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident)$ BODILY INJURY (Per person)$ PROPERTY DAMAGE (Per accident)$ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC AGG $ $ ADDITIONAL INSURED; INSURER LETTER:CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE CANCELLATION (BELOW & SEE REVERSE) ACORD 25-S (7/97)© ACORD CORPORATION 1988 TMACORD DATE (MM/DD/YY)CERTIFICATE OF LIABILITY INSURANCE INSURED PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: Acme Products 123 Mail Street Anytown, USA 12345 My Insurance Company ✔A ✔ 123456789 01/01/08 01/01/09 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 ✔A 1,000,000 5,000,000 5,000,000 A ✔ 321654987 01/01/08 ✔ 1,000,000 1,000,000 1,000,000 01/01/09 **Please Note Additional Requirements: Certificate Holder is named as an Additional Insured under the General Liability policy (per CG2015 or equivalent) and Umbrella/Excess Liability policy on a primary & non-contributory basis. Waiver of Subrogation is provided in favor of the certificate holder under the General Liability and Umbrella policies. Certificate of Insurance shall disclose any self-insured retention Signature SUPPLIER INSURANCE GUIDELINES City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 123456789 01/01/08 01/01/09 10987654321 01/01/08 01/01/09 A $ - 01/01/08 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES B ECANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ISSUER, ITS AGENTS OR REPRESENTATIVES. List of Furniture or Equipment for Outdoor Dining The following shall be used for the proposed Outdoor Dining at ________________________ ☐ Tables ☐ Chairs ☐ Heaters/Heating Equipment ☐ Additional trash receptacles ☐ Planters ☐ Temporary Flooring ☐ Other Items (List below) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Outdoor Dining Maintenance Plan The following provides specific maintenance and cleaning protocols that the applicant or operator of the temporary outdoor dining at ______________________ is required to implement, in compliance with the City of South San Francisco’s Guidance for Temporary Outdoor Dining during COVID-19, current San Mateo County Health Department Orders, and other COVID-19 guidance for outdoor dining. • The applicant/operator shall regularly clean and maintain all approved furniture used for outdoor dining regularly and be placed to allow pedestrians to move safely in the sidewalk at all times. • The applicant/operator shall be responsible for the proper maintenance of the outdoor dining area at all times, including properly disposing of all trash generated by the operation. • The applicant/operator shall be held responsible for emptying and cleaning all trash receptacles within the operating area. Cleaning and Disinfecting Protocols • Perform thorough cleaning in high traffic areas. • Frequently disinfect commonly used surfaces and surfaces touched by patrons. • Clean touchable surfaces between shifts or between users, whichever is more frequent. • Equip spaces such as dining and tasting rooms, bar areas, host stands, and kitchens with proper sanitation products, including hand sanitizer and sanitizing wipes and ensure availability. • Ensure that sanitary facilities stay operational and stocked at all times. • Provide time for workers to implement cleaning practices during shifts and consider third-party cleaning companies. • Remove dirty linens from dining tables from dining areas in sealed bags. • Thoroughly clean each customer dining location after each use. • Provide hand sanitizer at guest and employee entrances and contact areas. I hereby acknowledge that I have read the above guidance and that I agree to comply with the Maintenance Plan and all applicable provisions of state laws, city ordinances, and the rules of any governmental agency involved . SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE DATE City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-592 Agenda Date:10/14/2020 Version:1 Item #:20. Report regarding a motion to accept the construction improvements of the Sunshine Gardens Safety and Connectivity Improvements Project (TR1701)as complete in accordance with plans and specifications (Total Construction Cost $1,016,536.46).(Angel Torres, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council,by motion,accept the construction improvements of the Sunshine Gardens Safety and Connectivity Improvements Project (TR1701)as complete in accordance with plans and specifications (Total Construction Cost $1,016,536.46). BACKGROUND/DISCUSSION On July 24,2019,the City awarded a construction contract to Golden Bay Construction,Co.to install high- visibility yellow ladder crosswalks,edge lines,bulb-outs,new ADA curb ramps,and a Class 3 bikeway to improve pedestrian and bicyclist safety and connectivity in the Sunshine Gardens neighborhood.The project locations included Evergreen Drive between Baywood Avenue and Crestwood Drive,on Crestwood Drive between Evergreen Drive and Holly Avenue,on Miller Avenue between Evergreen Drive and Holly Avenue, and on Holly Avenue between Mission Road and Hillside Boulevard.Installing traffic calming measures at this location will encourage students to walk or bike by providing safer pedestrian and bicycle access to Sunshine Gardens Elementary School. This project was awarded SMCTA Measure A grant funding. The Engineering Division inspected the work and found the project to be complete in accordance with the contract documents as of March 20,2020.Project location map and construction photos are included as Attachment 1 and 2, respectively, of this staff report. FISCAL IMPACT This project is funded by the SMC-TA Measure A and SSF Measure A funds;and the project is included in the City of South San Francisco’s Fiscal Year 2019-20 Capital Improvement Program (Project No.tr1701).The total construction cost incurred for the project is summarized as follows: Projected Actual Construction Contract $ 895,659.00 $895,659.00 Construction Contingency (15%) $ 134,349.00 $120,877.46 Total Construction Budget $1,030,008.00 $1,016,536.46 RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan Priority Area 2,Quality of Life,Initiative 2.2 by promoting bike paths, pedestrian ways, and multi-modal transportation options. CONCLUSION Staff recommends acceptance of the project as complete.Upon acceptance,a Notice of Completion will be filed with the County of San Mateo Recorder’s office.At the end of the thirty-day lien period,the retention funds will be released to the Contractor after the City receives the one-year warranty bond. City of South San Francisco Printed on 10/7/2020Page 1 of 2 powered by Legistar™ File #:20-592 Agenda Date:10/14/2020 Version:1 Item #:20. Attachments: 1.Project Location Map 2.Construction Photos 3.Presentation City of South San Francisco Printed on 10/7/2020Page 2 of 2 powered by Legistar™ Attachment 1: Project Location Map Construction Photos - Sunshine Gardens Safety & Connectivity Improvements (tr1701) Attachment 2 – Construction Photos 1 Raised Median Islands at Holly Ave & Miller Ave Bulb-Out Curb Ramps at Oakcrest Ave & Miller Ave Bulb-Out Curb Ramps at Crestwood Dr & Evergreen Dr Curb Ramps at Baywood Ave & Evergreen Dr Construction Photos - Sunshine Gardens Safety & Connectivity Improvements (tr1701) Attachment 2 – Construction Photos 2 Bulb-Out Curb Ramp at Crestwood Dr & Evergreen Dr Curb Ramps at Crestwood Dr & Ferndale Ave Bulb-Out at Miller Ave & Oakcrest Ave Survey Layout Prior to Saw cutting/Demo SUNSHINE GARDENS SAFETY AND CONNECTIVITY IMPROVEMENTS PROJECT ACCEPTANCE OF THE CONSTRUCTION IMPROVEMENTS OCTOBER 14, 2020 Attachment 3 Sunshine Gardens Safety & Connectivity Project PROJECT OVERVIEW Ped/Bike Safety & Connectivity along: •Holly Avenue from Mission Road to Hillside Boulevard •Evergreen Drive from Baywood Avenue to Crestwood Drive •Crestwood Drive from Evergreen Drive to Holly Avenue •Miller Avenue from Evergreen Drive to Holly Avenue •Construction contract awarded to Golden Bay Construction, Inc. on July 24, 2019 2 Sunshine Gardens Safety & Connectivity Project Class III Bike Routes / Edge lines 3 Holly Avenue Miller Avenue Evergreen Drive Sunshine Gardens Safety & Connectivity Project Bulb out ADA Curb Ramps 4 Westview Dr & Miller Ave Oakcrest Ave & Miller Ave Evergreen Dr & Crestwood Dr Sunshine Gardens Safety & Connectivity Project Raised Curb Islands 5 Holly Ave & Miller Ave Gardenside Ave & Miller Ave Gardenside Ave & Crestwood Dr Sunshine Gardens Safety & Connectivity Project CONSTRUCTION COST The total construction cost incurred to date for the project is summarized as follows: Projected Actual Golden Bay Construction, Inc. Construction Contract $895,659.00 $895,659.00 Construction Contingency (15%) $134,349.00 $120,877.46 Total Construction Costs $1,030,008.00 $1,016,536.46 6 Sunshine Gardens Safety & Connectivity Project QUESTIONS? 7 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-481 Agenda Date:10/14/2020 Version:1 Item #:21. Report recommending an ordinance and a resolution amending the parkland acquisition fee and the park construction fee.(Janet Salisbury, Director of Finance) RECOMMENDATION It is recommended that the City Council waive reading and introduce an ordinance and adopt a resolution amending the City of South San Francisco’s parkland acquisition fee and park construction fee. EXECUTIVE SUMMARY The City of South San Francisco,as authorized by the Mitigation Fee Act (Government Code 66000,et seq.), imposes impact fees on new development projects in order to mitigate the impacts caused by new development on public services,infrastructure,and facilities.The City is in the process of updating many of its impact fees. At the last City Council meeting on September 23,2020,ordinances and resolutions were introduced to (1) establish of a new Citywide Transportation Impact Fee,(2)establish a new Library Impact Fee,(3)update to the Childcare Impact Fee,(4)update the Public Safety Impact Fee,and (5)repeal of the Landscaping In-Lieu Fee. The ordinance and resolution being introduced herein are intended to update the City of South San Francisco’s impact fee related to parks,which consists of two separate categories:Park Construction Fee and Parkland Acquisition Fee (together,“Parks Impact Fee”).The Park Construction Fee is collected to fund construction of improvements to existing and/or new parks,while the Parkland Acquisition Fee is collected to acquire new park land.These fees are collected to maintain the current level of service (e.g.,availability of and access to public parks) for the community even as the residential and commercial population increases with new development. For clarity, the following documents are associated with this report: ·Attachment 1 to Staff Report:Impact Fee Analysis Review/Feasibility Study;Century Urban,August 2020. ·Ordinance amending the Parks Impact Fee ·Resolution amending the Parks Impact Fee ‒Exhibit A to Resolution: 2016 Nexus Study; Municipal Resource Group, LLC, March 2016. ‒Exhibit B to Resolution:2019 Supplemental Report;Management Advisory Services,June 2019. BACKGROUND In 2016,the City contracted with the Municipal Resources Group (“MRG”)to analyze the relationship between new development in the City and the cost of public facilities to serve that growth.It was determined via the MRG study (“Nexus Study”)that there was a reasonable nexus between new development and the impact it had on the City’s public parks.The Nexus Study is attached as Exhibit A to the resolution related to this report.As a result,that same year,the City adopted an ordinance imposing a Parkland Acquisition Fee and a Park Construction Fee (“Park Fee Ordinance”)to pay for the cost of acquiring and constructing park facilities City of South San Francisco Printed on 10/7/2020Page 1 of 3 powered by Legistar™ File #:20-481 Agenda Date:10/14/2020 Version:1 Item #:21. needed to support new development under the authority of the Mitigation Fee Act. Since its adoption,the City has amended the Park Fee Ordinance annually,adjusting the fees and making other refinements to reflect the changes necessary to optimize the collection process or to respond to the changing development conditions within the City.In 2017 and 2018,the Park Fee Ordinance was updated to impose fees on non-residential development projects and to adjust the discount factors applied to the fees.In 2019,the City contracted with Management Advisory Services (“MAS”)to provide a supplemental report (“Supplemental Report”)to the Nexus Study.The Supplemental Report is attached as Exhibit B to the resolution related to this report.The Supplemental Report,amongst its other goals,updated the estimated average per acre park construction cost as well as rebalance the fees collected between the Park Construction Fee and Parkland Acquisition Fee.This latter effort resulted in Park Construction Fee levels increasing and Parkland Acquisition Fee levels decreasing;the net effect to developers were neutral as the fee rebalancing did not result in any increase in fees.The Supplemental Report also validated that new development has an impact on existing parks,justifying the use of Park Construction Fee revenue for the refurbishment of existing parks to maintain the City’s park standards as new development occurs. OVERVIEW OF RECOMMENDED FEE LEVELS AND OTHER CHANGES The Parks Impact Fee currently collected is well below the maximum fee justified in the Nexus Study conducted in 2016.However,the robust development within the City continues to impact strong demand for parks and park services within the area. As a result,staff is currently recommending that the City Council approve fee increases in non-residential Park Construction Fee for two out of the four non-residential development categories:Office/R&D and Industrial. Hotel/Visitor and Commercial/Retail will remain at current levels, as will the fee for residential development. Under the proposed fee recommendation,the discount factor for Office/R&D and Industrial would be eliminated and the maximum allowable fee would be charged. The resulting rates would be: ·Office/R&D -- $2,957per 1,000 square feet; and ·Industrial -- $1,398 per 1,000 square feet. These fee increases are supported by the Impact Fee Analysis Review/Feasibility Study conducted by Century Urban earlier this year.That study is included as Attachment 1 of this report.The Century Urban study shows that the recommended fee levels do not negatively hinder developmental growth in the area as it relates to Office/R&D and Industrial projects. In addition to the fee changes described above, the approval of the ordinance would change the timing of when Parks Impact Fees are paid. Generally, the City collects development impact fees for non-residential upon building permit issuance, while impact fees for residential development is collected at certificate of occupancy issuance. Staff recommends that the Parks Impact Fees be updated such that the timing of when these fees are collected conform to the City’s overall process. By approving the ordinance herein related to the Parks Impact Fees, the collection of the Parks Impact Fees will be in line other development impact fees and thereby create administrative efficiencies. TIMELINE AND NEXT STEPS CONSIDERATIONS If approved by Council,the increase in Parks Impact Fee would go into effect 60 days from this first public hearing.Once the Shape SSF General Plan 2040,which is still in-development,is adopted by City Council,the City’s impact fees may be reviewed again to determine that the fee amounts remain reasonably related to theCity of South San Francisco Printed on 10/7/2020Page 2 of 3 powered by Legistar™ File #:20-481 Agenda Date:10/14/2020 Version:1 Item #:21. City’s impact fees may be reviewed again to determine that the fee amounts remain reasonably related to the impacts of anticipated development within the City of South San Francisco.The City Council may choose to revise this,and other development impact fees,to incorporate findings and conclusions of further studies and any standards in the General Plan, as well as increases due to inflation and/or increased construction costs. FISCAL/POLICY IMPACT The approval of these increases will have a positive fiscal impact as it will provide for the appropriate collection of development impact fees to support the additional services and/or infrastructure needed resulting from new development.Impact fees are a system for new development to pay their “fair share”.These levels will ensure that the City can continue to provide the levels of service to future populations that the current community has come to expect in South San Francisco. RELATIONSHIP TO STRATEGIC PLAN Adoption of the updated Parks Impact Fee supports Priority Area 2 (Quality of Life).The increase will enable the City to obtain additional funding to refurbish and expand park and recreation facilities to better serve the residents of South San Francisco.Moreover,it will ensure the costs of capital facilities and infrastructure for new development are covered,supporting the City’s strategic initiative to pursue financial stability to support City operations. CONCLUSION Introduction and subsequent adoption of the proposed revisions to Chapter 8.67 Parks and Recreation Impact Fee and the associated fee setting resolution will increase fees in certain non-residential development categories of the Park Construction Fee to fund refurbishment and expansion projects. Attachment: 1.Impact Fee Analysis Review/Feasibility Study by Century Urban, August 2020. City of South San Francisco Printed on 10/7/2020Page 3 of 3 powered by Legistar™ Presented to: City of South San Francisco August 6, 2020 Century | Urban Impact Fee Analysis Review 235 Montgomery Street, Suite 1042 | San Francisco, CA 94104 | 415.358.1218 | www.centuryurban.com PAGE 2 IMPACT FEE ANALYSIS REVIEW TO: City of South San Francisco FROM: Century Urban, LLC SUBJECT: Impact Fee Analysis Review DATE: August 6, 2020 Century Urban, LLC (“Century | Urban”) has been engaged by the City of South San Francisco (the “City”) to review certain analysis conducted on the City’s impact fees with respect to commercial and residential development. With Baird + Driskell in 2018, Century | Urban analyzed the estimated impact of potential inclusionary housing requirements on the economic feasibility of prototype residential development projects. Separately, as part of a project for 21 Elements including seven cities in the County of San Mateo, Century | Urban analyzed the impact of different commercial linkage fee amounts on the economic feasibility of certain office and biotechnology development prototypes. Per the request of the City, Century | Urban has modified and updated portions of this work and has additionally prepared a hotel development prototype. The methodology and findings of these analyses are described below. Disclaimer For this project analysis, Century | Urban utilized data and information provided by the City as well as other reputable sources and market participants. However, while Century | Urban collected the most timely information available, its research was conducted primarily in the fourth quarter of 2019 and first quarter of 2020, and economic changes driven by the impact of coronavirus have affected supply-demand elements that underpin key operating income and construction assumptions. As of this writing, substantial uncertainty remains on both the demand and supply side of residential and commercial development, which policy makers should consider before implementing new policy. The methodology and conclusions regarding residential project feasibility described below are based on research and analysis originally completed in 2018 and updated per the City ‘s direction for the purpose of evaluating potential impact fees. Per the City’s direction, limited market research was conducted in the first quarter of 2020 as part of this update, and certain underwriting assumptions including hard costs were adjusted based on cost indexing to account for the time that has elapsed since 2018. Methodology PAGE 3 The purpose of these analyses is generally to assess the economic feasibility of certain types of development projects based on certain inclusionary or impact fee requirement assumptions. To prepare the analyses, prototype projects were defined for each type of development that the City wished to evaluate. Century | Urban then researched pro-forma underwriting assumptions for each prototype including income and expense projections, land costs, “hard” construction costs1, impact fees, “soft” costs including architectural and engineering costs, and return metrics for purposes of evaluating project feasibility. Market research revealed a range of rents, expenses, and feasibility metrics, even within a small geographic area and among similar projects. This range is due in part to the general sentiment about the comparable risk associated with development in different submarkets. Given these ranges, Century | Urban selected data that appeared most generally relevant to new development. Finally, while the generic parameters established for each project prototype are intended to be generally representative of development projects in the City’s pipeline, any policy changes proposed by the City may need to be adjusted based on the parameters of actual City pipeline projects. To review the feasibility of prototype projects, Century | Urban modeled each project’s stabilized return on cost (“ROC”) and compared this ROC to a threshold market range. The ROC is a metric commonly used to evaluate project economic feasibility by project sponsors, lenders, and investors. In conjunction with other valuation metrics, the ROC indicates whether a project’s estimated value at completion is greater than the cost to develop it, and, if so, provides an estimate of the amount of additional value created.2 The ROC is calculated by estimating the project’s annual pro-forma net operating income and dividing it by the estimated total project development cost. The appropriate target ROC is established based on the project’s perceived risks, which include the uncertainty of ultimate project costs, rents and economic conditions upon completion, and project development/construction duration. Typically, if a project’s estimated ROC does not fall within the market threshold range targeted for the project’s risks, the project is considered infeasible and not pursued. While this decision is made primarily by a project developer, the project’s investors and lenders, often banks, typically also provide input to the developer with regard to feasibility and project status. With market research establishing target ROC metrics, Century | Urban compared the projected ROC for project prototypes with the target range. An ROC lower than the target range would suggest an infeasible project, while an ROC above the target range would suggest a feasible 1 Per the City’s direction, the analyses are based on project costs that do not reflect prevailing wage (project costs can be adjusted to reflect prevailing wage upon request). Generally, project costs based on prevailing wage would be higher reducing project economic feasibility assuming all other underwriting assumptions remain constant. 2 While many real estate project sponsors, lenders, and investors use ROC or similar metrics to evaluate economic feasibility, certain types of project sponsors, such as companies building facilities for their own use, may evaluate feasibility based on different metrics. PAGE 4 project, as well as the potential to adjust City impact fees without affecting project feasibility. In principle, impact fees could be increased until the prototype’s projected ROC falls within the target range. Residential Housing Assumptions The residential rental prototype analysis is based on the City’s current inclusionary housing requirements, which requires that 15% of units be affordable to “Low” and “Very Low” income households based on maximum affordable rents published in San Mateo County’s form: “2020 San Mateo County Income Limits.” As noted above, other assumptions from the 2018 inclusionary housing analysis have been updated per the City’s direction. As requested by the City, the impact fees used in each scenario of the analysis below include: 1) current impact fees for the prototype totaling approximately $25,850 per unit 2) staff proposed impact fees totaling approximately $31,240 per unit and 3) a scenario in which no impact fees were assumed. Biotechnology Assumptions The biotechnology prototype assumes a 150,000-square-foot project developed speculatively East of 101 in South San Francisco. The scenario shown in the analysis projects the estimated ROC range generated by a range of potential total impact fees charged by the City. Hotel Assumptions For the hotel development prototype, Century | Urban utilized a hotel prototype generated for other nearby cities in the north San Francisco Peninsula in late 2019, performed high-level research to update revenue and expense assumptions, and revised other underwriting inputs to reflect a hotel development project in the City. The prototype assumes a 175-room select service hotel with medium quality finishes and a medium level of sitework. Per the City’s direction, hotel rents and occupancy were set based on estimated “stabilized” room rates and occupancy during the recent pre-coronavirus period. As noted, other costs are also based on pre-coronavirus estimates. Per the City’s request, the impact fees highlighted in the attached hotel prototype exhibit reflect fees proposed by City staff or a range of potential total impact fee amounts, not current fees. Prototype Results Exhibit A: Prototype Results summarizes the analysis for each of the residential and commercial project prototypes. Each prototype exhibit lists the size and type of the prototype, the estimated total development costs, the estimated net operating income, and the resulting projected ROC PAGE 5 based on existing in-place impact fee amounts, proposed impact fee amounts, or a range of potential impact fee amounts. For the residential prototype, Century | Urban reviewed a 150-unit apartment rental project that was assumed to be increased to 180 units pursuant to the State Density Bonus program and reflects the City’s current inclusionary housing requirements. The analysis indicates that the estimated ROC of the prototype, with or without current or proposed impact fees, falls below the target range. For the biotechnology prototype, if current impact fees of approximately $26.43 per square foot are underwritten, an ROC of 7.04% is projected, which is above the target range of 6.5% to 7.0%. One critical assumption in this analysis is the impact of the East of 101 Sewer and Traffic Fees. Based on an example provided by the City, $7.00 per square foot for these fees has been applied to the biotechnology prototype. However, a large range of fees per square foot is observed in other examples provided by the City for this fee, so any conclusions regarding the ROC would depend on the specific fee that is applicable to a particular project. It should also be noted that as an “average” project, the prototype represents a middle-of-the-road cost structure, and examples of more and less costly projects were observed in the course of this research. In the table below, all current impact fees for the biotechnology prototype were assumed to be zero in order to identify the maximum total impact fee amount per square foot supportable by the prototype. Assuming a target ROC of 6.77% (the approximate midpoint of the target ROC range), the maximum supportable amount of total impact fees is approximately $55 per square foot. Fee Scenarios Product Type:Residential Rental Total Units 180 Prototype 150 DU with Density Bonus Target Return on Cost 5.0% to 5.5% Type Return on Cost Feasibility Return On Cost - Existing Fee Structure 3.58%Below Target Range Return on Cost - Staff Recommended Fees 3.55%Below Target Range Return on Cost - No Impact Fees 3.75%Below Target Range PAGE 6 A potential range of total impact fees is reviewed in the hotel prototype. The summary table below shows that the hotel prototype does not reach the target ROC range under any of the potential impact fee amounts examined in the range. The City is currently proposing impact fees of $16.74 per square foot for hotel projects3, and, based on this proposed fee amount, the prototype projects an ROC of 5.20%. Summary As described above, the effects of a range of impact fee assumptions on the economic feasibility of certain development project prototypes were analyzed. The results of this analysis should be considered within the economic context of the City’s overall development objectives and the degree to which continually evolving conditions affect costs, rents, and business activity. Generally, the residential and hotel prototype analyses indicate that the estimated ROC of new development projects as modeled falls below the target ROC range. The biotechnology prototype analysis indicates that the projected ROC would be approximately equal to the midpoint of the target ROC range with approximately $55 per square foot of total impact fees. 3 Based on proposed fees provided by City Staff. Fee Scenarios Product Type:Biotechnology Size Category, SF:150,000 Construction Type:Type III Target Return on Cost 6.5% to 7.0% Fee Per Square Foot Return on Cost Feasibility $45 PSF Total Impact Fees 6.86%Within Target Range $50 PSF Total Impact Fees 6.82%Within Target Range $55 PSF Total Impact Fees 6.77%Within Target Range $60 PSF Total Impact Fees 6.73%Within Target Range $65 PSF Total Impact Fees 6.68%Within Target Range $70 PSF Total Impact Fees 6.64%Within Target Range Fee Scenarios Product Type:Hotel Prototype:175 Room Select Service Hotel Construction Type:Type III Target Return on Cost 7.75% to 8.25% Fee Per Square Foot Return on Cost Feasibility $0 PSF Total Impact Fees 5.31%Below Target Range $5 PSF Total Impact Fees 5.28%Below Target Range $10 PSF Total Impact Fees 5.25%Below Target Range $15 PSF Total Impact Fees 5.21%Below Target Range $16.74 PSF Total Impact Fees 5.20%Below Target Range $20 PSF Total Impact Fees 5.18%Below Target Range $25 PSF Total Impact Fees 5.15%Below Target Range PAGE 7 The City should consider any potential impact fee adjustments in concert with the City’s development goals and the impact of the East of 101 Sewer and Transportation Fees, as well as any additional potential adjustments to other project requirements. PAGE 8 Exhibit A: Prototype Results Page 9: Residential Prototype: With and Without Impact Fees Page 10: Biotechnology Prototype: Total Impact Fee Variation Page 11: Hotel Prototype: Proposed Impact Fees and Total Impact Fee Variation PAGE 9 City of South San Francisco - Impact Fee Analysis Product Type:Residential Prototype 150 Unit Apts with Density Bonus Total Units 180 Item Amount Building Gross SF 166,275 Building Net Rentable SF 133,020 Building Efficiency 80% Construction Costs Hard Costs Building Hard Costs $70,643,690 Total Hard Costs Per GSF $70,643,690 Soft Costs Total Impact Fees $4,652,960 Other Soft Costs $21,193,107 Total Soft Costs Per GSF $25,846,067 Soft Costs as % of Hard Costs $0 Land Cost Land Cost $6,000,000 Total Development Cost $102,489,757 Total Development Cost Per Unit $569,388 Net Operating Income Revenue Rental Income $5,761,474 Other Income $180,000 Vacancy Rate 5% Vacancy $297,074 Total Annual Rental Revenue $5,644,400 Total Annual Operating Expenses $1,975,540 TOTAL NET OPERATING INCOME $3,668,860 Return Analysis Target Return on Cost Range 5.0% to 5.5% Return on Cost - Existing Fee Structure 3.58% Return on Cost - Staff Recommended Fees 3.55% Return on Cost - No Impact Fees 3.75% PAGE 10 City of South San Francisco - Impact Fee Analysis Product Type:Biotechnology Construction Type:Type III Item Amount Building Gross SF 150,000 Building Net Rentable SF 127,500 Building Efficiency 85% Construction Costs Hard Costs Building Hard Costs PSF 333$ TIs/Contingency/Other PSF 157$ Total Hard Costs Per GSF 490$ Soft Costs Total City Fees PSF -$ Other Soft Costs PSF 88$ Financing Costs PSF 22$ Leasing Commissions PSF 11$ Soft Cost Contingency PSF 6$ Total Soft Costs Per GSF 128$ Soft Costs as % of Hard Costs 26% Land Cost Land Cost Per GSF/Building 130$ Total Development Cost PSF 747$ Total Development Cost 112,123,038$ Net Operating Income Revenue Office Annual Rent per NRSF 69.00$ Office Rent Type For Underwriting NNN Reimbursements 21.00$ Parking Revenue Per NRSF -$ Vacancy Rate 5% Total Annual Rental Revenue 10,901,250$ Operating Expenses Average Operating Expense PSF 21.00$ Capital Expense PSF 0.25$ Total Annual Operating Expenses 2,709,375$ TOTAL NET OPERATING INCOME 8,191,875$ Max Fee Burden Analysis Target Return on Cost Range 6.5% to 7.0% Underwritten Return on Cost $45 PSF Total Impact Fees 6.86% $50 PSF Total Impact Fees 6.82% $55 PSF Total Impact Fees 6.77% $60 PSF Total Impact Fees 6.73% $65 PSF Total Impact Fees 6.68% $70 PSF Total Impact Fees 6.64% PAGE 11 City of South San Francisco - Impact Fee Analysis Product Type:Hotel Prototype:175 Room Select Service Hotel Construction Type:Type III Proposed Total Impact Fees: 16.74$ Item Amount Building Gross SF 87,500$ Rooms 175 Avg GSF Per Room 500 Construction Costs Hard Costs Building Hard Costs PSF 465$ FF&E/Contingency/Other PSF 97$ Total Hard Costs Per GSF 562$ Soft Costs Total City Fees PSF -$ Other Soft Costs PSF 101$ Financing Costs PSF 25$ Soft Cost Contingency PSF 6$ Total Soft Costs Per GSF 133$ Land Cost Land Cost Per GSF/Building 150$ Total Development Cost PSF 845$ Total Project Cost 75,482,947$ Total Project Cost per Room 431,331$ Pro-Forma - Daily Revenue Assumptions Revenue Average Daily Rate Per Room 209$ Average Occupancy 80% Total Other Revenue (F&B, other)38$ Total Revenue, incl F&B and Other 205$ Annual Total Gross Revenue 13,086,199$ Operating Expenses Property Taxes (% of value)1.06% Total Operating Expenses 142$ Total Annual Operating Expenses 9,058,334$ Operating Margin 31% Daily Net Operating Income Per Room 63$ Annual Net Operating Income Per Room 22,909$ Total Net Operating Income 4,008,997$ Impact Fee Analysis Target Return on Cost Range 7.75% to 8.25% $0 PSF Total Impact Fees 5.31% $5 PSF Total Impact Fees 5.28% $10 PSF Total Impact Fees 5.25% $15 PSF Total Impact Fees 5.21% $16.74 PSF Total Impact Fees 5.20% $20 PSF Total Impact Fees 5.18% $25 PSF Total Impact Fees 5.15% City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-770 Agenda Date:10/14/2020 Version:1 Item #:21a. Ordinance amending Chapter 8.67 of the South San Francisco Municipal Code regarding the Parkland Acquisition Fee and the Park Construction Fee for South San Francisco. WHEREAS,the City Council adopted ordinances in 2016,2017 and 2018 amending the South San Francisco Municipal Code to adopt a Parks and Recreation Impact Fee with two components,a Parkland Acquisition Fee and a Park Construction Fees (“Fees”),under the authority of Sections 66000 et seq.of the California Government Code (“Mitigation Fee Act”)that applies to residential and non-residential development projects in the City; and WHEREAS,the purposes,application,calculation,timing of payment,and permitted uses of the Fees are set forth in chapter 8.67 of the South San Francisco Municipal Code; and WHEREAS,the City Council wishes to modify the timing of payment for the Fees to align with other development impact fees collected by the City of South San Francisco; and WHEREAS,the City Council wishes also to adjust the amount of the Fees,as justified by the 2016 and 2019 nexus studies supporting the Fees,which the City Council shall do by resolution modifying the discount factor applied to the Fees, as permitted by Municipal Code section 8.67.060(k); and WHEREAS,such development impact fees are not a “tax”as defined in Section 1,paragraph (e)of Article XIIIC of the California Constitution (“Proposition 26”)because such Fees and charges are imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product, and/or such Fees and charges are imposed for a specific government service or product provided directly to the payor that is not provided to those not charged,and which does not exceed the reasonable cost to the local government of providing the service or product,and/or such Fees and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses and permits,performing investigations,inspections and audits,enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or such fees and charges are imposed as a condition of property development; and WHEREAS,in accordance with Section 66019 of the Mitigation Fee Act,at least fourteen (14)days prior to the public hearing at which this Ordinance was introduced,notice of the time and place of the hearing was mailed to interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS,ten (10)days advance notice of the public hearing at which this Ordinance was introduced was given by publication in accordance with Government Code Section 6062a; and WHEREAS,in accordance with Section 66016 of the Mitigation Fee Act,at least ten (10)days prior to the public hearing at which this Ordinance was introduced,the Nexus Study was made available to the public for City of South San Francisco Printed on 10/16/2020Page 1 of 4 powered by Legistar™ File #:20-770 Agenda Date:10/14/2020 Version:1 Item #:21a. public hearing at which this Ordinance was introduced,the Nexus Study was made available to the public for review; and WHEREAS,the action taken by this Ordinance has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City,does not commit the City to any specific project,and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance with the California Environmental Quality Act (“CEQA”)when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines,Section 15004(b)(1)).Therefore, approval of the Fee and/or charges is not a “project”for purposes of CEQA,pursuant to CEQA Guidelines, Section 15378(b)(4);and,even if considered a “project”under CEQA,is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3)because it can be seen with certainty that there is no possibility that approval of the Fee and/or charges may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1.Findings The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Amendment of Chapter 8.67 The City Council hereby amends the following sections of Chapter 8.67 (“Parks and Recreation Impact Fee”)of Title 8 of the South San Francisco Municipal Code,to read as follows,with other sections to remain unchanged: 8.67.040 Parkland acquisition fee and parks and recreation construction fee established-Timing of payment (a)The parkland acquisition fee and park construction fee are hereby established,pursuant to California Government Code Section 66000 et seq. (b)Payment of the parkland acquisition fee and park construction fee shall be imposed as a condition of development for every type of development project specified in Section 8.67.060. (c)The parkland acquisition fee and park construction fee shall be charged to and paid by each development subject to the fees upon the date of final inspection or issuance of the certificate of occupancy for the development,whichever is earlier.However,if the fees are to reimburse the city for expenditures previously made,or if the city determines that the fees will be collected for acquisition of parkland or construction of facilities for which an account has been established and funds appropriated,and for which the city has adopted a proposed acquisition and/or construction schedule prior to issuance of the building permit for such development projects,then the fee or fees shall be charged and paid upon issuance of the building permit for such development.However,with respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent of the total units are reserved for occupancy by lower income households,as defined in Health and Safety Code Section 50079.5 at an affordable rent,as defined in Health City of South San Francisco Printed on 10/16/2020Page 2 of 4 powered by Legistar™ File #:20-770 Agenda Date:10/14/2020 Version:1 Item #:21a. households,as defined in Health and Safety Code Section 50079.5 at an affordable rent,as defined in Health and Safety Code Section 50053,the payment procedures described in Government Code Section 66007(b)(2) (A) and (B) shall apply. (c)The parkland acquisition fee and park construction fee shall be charged to and paid by each development subject to the fees, as follows: (1)Non-residential development.The fees shall be charged and paid for a non-residential development when the building permit is issued for construction of such building or structure. (2)Single family residential development.The fees shall be charged and paid for any single family residential development (constructed or to be constructed on land with a dwelling unit designed for occupancy by one household and located on a separate lot from any other unit)upon the date of final inspection or issuance of the certificate of occupancy,whichever occurs first.However,if the fees are to reimburse the City for expenditures previously made,or if the City determines that the fees will be collected for improvements for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development,then the fees shall be charged and paid upon issuance of the building permit for such development.With respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent of the total units are reserved for occupancy by lower income households (as defined in Health and Safety Code Section 50079.5)at an affordable rent (as defined in Health and Safety Code Section 50053), the payment procedures described in Government Code Section 66007(b)(2)(A)-(B) shall apply. (3)Multi-Family development.For any residential development not included in sub-section (2) above,the fees shall be charged and paid for on a lump-sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy,whichever occurs first.However,if the fees are to reimburse the City for expenditures previously made,or if the City determines that the fees will be collected for improvements for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development,then the fees shall be charged and paid upon issuance of the building permit for such development.With respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent of the total units are reserved for occupancy by lower income households (as defined in Health and Safety Code Section 50079.5)at an affordable rent (as defined in Health and Safety Code Section 50053), the payment procedures described in Government Code Section 66007(b)(2)(A)-(B) shall apply. SECTION 3.Severability. If any section,subsection,sentence,clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this Ordinance.The City Council hereby declares that it would have passed the Ordinance,and each and every section,subsection,sentence,clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4.Publication and Effective Date City of South San Francisco Printed on 10/16/2020Page 3 of 4 powered by Legistar™ File #:20-770 Agenda Date:10/14/2020 Version:1 Item #:21a. 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. ***** City of South San Francisco Printed on 10/16/2020Page 4 of 4 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. Resolution amending the Parkland Acquisition Fee and a Park Construction Fee for South San Francisco. WHEREAS,the City of South San Francisco (“City”)aims to provide sufficient levels of parks and recreational facilities for its residents and employees working in the City; and WHEREAS,the City’s General Plan and Parks and Recreation Master Plan aims to provide three acres of parks and recreational facilities per 1,000 residents and 0.5 acres per 1,000 employees; and WHEREAS,Guiding Policy 5.1-G-1 of the City’s General Plan provides that the City should “[d]evelop additional parkland in the city,particularly in areas lacking these facilities,to meet the standards of required park acreage for new residents and employees;” and WHEREAS,Implementing Policy 5.1-1-2 of the City’s General Plan provides that the City should “[m]aintain parkland standards of 3.0 acres of community and neighborhood parks per 1,000 new residents;” and WHEREAS,Goal #1 of the Parks and Recreation Master Plan provides that the City “should provide a minimum of 3 acres of developed park land per 1,000 residents”; and WHEREAS,new development projects attract new residents and employees to the city,which generates increased demand for parks and recreational facilities and impacts existing park service levels; and WHEREAS,the City had prepared an impact fee study entitled “Park Land Acquisition and Park Construction Fees Quimby Act and Mitigation Fee Act Report”completed by Municipal Resource Group dated March 2016 (“Nexus Study”)and attached hereto as Exhibit A,that determined the maximum amount of the Fees needed to fully mitigate the burdens created by development on the park service levels and the demand for parks and recreational facilities; and WHEREAS,in 2016 and 2017,the City adopted ordinances imposing a Parkland Acquisition Fee and a Park Construction Fee (“Park Fees”or “Fees”)on residential and non-residential development to pay for the cost of acquiring and constructing park facilities needed to support new development under the authority of Sections 66000 et seq. of the California Government Code (“Mitigation Fee Act”); and WHEREAS,the City did not impose the maximum fee justified in the Nexus Study,but applied a reduction or discount factor of 0.30 for residential development and 0.75 for non-residential development; and WHEREAS,in 2019,City determined that City park and recreation facilities were reaching capacity and refurbishing and expanding certain existing park facilities was a cost-effective and efficient way to serve future City of South San Francisco Printed on 10/16/2020Page 1 of 10 powered by Legistar™ File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. residents and employees, and to maintain existing levels of service; and WHEREAS,the City commissioned an additional park fee analysis (“2019 Supplemental Report”)attached hereto as Exhibit B to supplement the Nexus Study and to analyze the appropriate method for adjusting the Park Fees to prioritize refurbishment and expansion projects; and WHEREAS,after consideration of the 2019 Supplemental Report,the City Council restructured the existing Park Fee reduction factors to increase Park Construction Fees to fund refurbishment projects,and reduce Park Acquisition Fees commensurately,and to update the average construction cost per acre to reflect current market conditions; and WHEREAS,the 2019 changes did not increase the total amount of Park Fees imposed and specifically did not reduce the discount factors applied to both residential and non-residential developments,which both continue to pay significantly below the maximum Fees justified by the Nexus Study; and WHEREAS,the City recognizes that residential and non-residential development continue to impact demand for parks and park services in the City; and WHEREAS,the City Council thus wishes to increase the Fees,as justified by the Nexus Study and 2019 Supplemental Report, to further mitigate these impacts; and WHEREAS,in accordance with Section 66019 of the Mitigation Fee Act,at least fourteen (14)days prior to the public hearing at which the Amendment was considered,notice of the time and place of the hearing was mailed to eligible interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS,in accordance with Government Code Section 66019,the Nexus Study and 2019 Supplemental Report was available for public inspection,review,and comment for ten (10)days prior to the public hearing at which the Council considered the Amendment; and WHEREAS,ten (10)days advance notice of the public hearing at which the Amendment was considered was given by publication in accordance with Government Code Section 6062a; and WHEREAS,the action taken by this Resolution has no potential for physical effects on the environment because it involves an adoption of certain Fees and/or charges imposed by the City,does not commit the City to any specific project,and said Fees and/or charges are applicable to future development projects and/or activities,each of which future projects and/or activities will be fully evaluated in full compliance with the California Environmental Quality Act (“CEQA”)when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines,Section 15004(b)(1)). Therefore,approval of the fees and/or charges is not a “project”for purposes of CEQA,pursuant to CEQA Guidelines,Section 15378(b)(4);and,even if considered a “project”under CEQA,is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3)because it can be seen with certainty that there is no possibility that approval of the Fees and/or charges may have a significant effect on the environment; and NOW THEREFORE, BE IT RESOLVED that City Council of the City of South San Francisco finds as follows: City of South San Francisco Printed on 10/16/2020Page 2 of 10 powered by Legistar™ File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. A.After considering the Nexus Study,the 2019 Supplemental Report,the testimony received at the noticed public meeting at which the Amendment and Resolution were considered,the accompanying staff report,the General Plan,the General Plan EIR,the Parks and Recreation Master Plan and all correspondence received at or prior to the public meeting (the “Record”),the City Council further finds that the future development in the City will generate the need for the park and recreational facilities necessitating adoption of this Resolution. B.The City currently provides park and recreational facilities to the community and the Fees set forth in this Resolution will be used to maintain current levels and assist the City in meeting its stated goals for park and recreational facilities under the General Plan,Parks and Recreation Master Plan and other applicable plans.As such,the Parkland Acquisition Fee and Park Construction Fee adjusted under this Resolution as they relate to development within the City are not a “project”within the meaning of CEQA (Pub.Res.Code §21080 (b)(8)(D)). C.In adopting this Resolution,the City Council is exercising its powers under Article XI,§§5 and 7 of the California Constitution,Chapter 5 of Division 1 of the Government Code (“Mitigation Fee Act”), commencing with Section 66000, collectively and separately. D.The Record establishes: 1.In accordance with Section 66001,subdivision a,paragraph 1 of the Mitigation Fee Act, the purpose of the Parkland Acquisition Fee and Park Construction Fee,set forth in chapter 8.67 of the Municipal Code and this Resolution,as specified in Chapter III of the Nexus Study and the 2019 Supplemental Report,is to provide funding to achieve the City’s goal of maintaining existing service levels and to ensure adequate park and recreational facilities are provided in the future to meet the needs of South San Francisco residents and employees as established in the General Plan and Parks and Recreation Master Plan.Standards for the desired level of parks and recreational facilities have been identified which have been used as the basis to establish the Fees by ordinance and this Resolution. 2.In accordance with Section 66001,subdivision a,paragraph 2 of the Mitigation Fee Act, the Fees collected pursuant to this Resolution shall be used to acquire parkland and construct,refurbish,and expand park and recreational facilities,including expanding playgrounds,constructing improvements to sports fields and sports courts,adding passive park facilities such as picnic and sitting areas,installing night lighting, paths,grading,drainage and irrigation,and implementing other similar refurbishment and expansion projects, to maintain existing levels of service and meet the levels identified in the General Plan,Parks and Recreation Master Plan and the Fee Study. 3.In accordance with section 66001,subdivision a,paragraph 3 of the Mitigation Fee Act, there is a reasonable relationship between the Fees’use (to pay for acquisition of parkland and construction, refurbishment,and expansion of park and recreational facilities)and the type of development for which the Fees are imposed in that the Fees will be applied to new development in the city,which will generate demands for park and recreational facilities. To the extent that the revisions provided for in this Resolution result in an increase in the Park Construction Fee amounts,the Fee is levied upon new residential and non-residential (commercial) City of South San Francisco Printed on 10/16/2020Page 3 of 10 powered by Legistar™ File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. Construction Fee amounts,the Fee is levied upon new residential and non-residential (commercial) development projects.New residents in new residential development projects and new employees in new non- residential development projects will place additional demands on park and recreational facilities,which are near or at capacity.Expanding playgrounds,improving sports fields and sports courts,building passive park facilities,installing lighting,paths,grading,drainage and irrigation,and implementing other similar refurbish projects will address and mitigate the additional impacts and demands created by future residential and nonresidential development projects.. 4.In accordance with Section 66001,subdivision a,paragraph 4,there is a reasonable relationship between the need for the parkland acquisition and park construction and the types of development projects on which the Fees are imposed in that the Fees will be applied to new development in the city,which will attract new residents and employees that will place a greater demand on park and recreational facilities. To the extent that the revisions provided for in this Resolution result in an increase in the Parkland Acquisition Fee,the Fee is levied upon new residential development projects and new non-residential development projects,which generate new residents and new employees in the community.New park facilities will serve the needs of new residents in residential development projects and new employees in non-residential development projects by creating increased active and passive park facilities and areas for residents and employees. 5.In accordance with Section 66001,subdivision b of the Mitigation Fee Act,there is a reasonable relationship between the amount of the Fees and the cost of providing the parkland and park and recreational facilities attributable to the development in the City upon which the Fees are imposed in that the Fees have been calculated by apportioning the cost of parkland acquisition and park facilities construction to the number of residents and employees attracted by each type of new residential unit and additional square footage in each type of new non-residential space. To the extent that the revisions provided for in this Resolution result in an increase in the Fees,the Fee has been recently updated in 2019 with estimated park construction costs specific to the types of park facilities and improvements to be undertaken by the City of South San Francisco,and with the fair market value to acquire parkland in the City. 6.The cost estimates set forth in the Nexus Study and the 2019 Supplemental Report provide reasonable estimates for the costs of acquiring parkland and constructing,expanding,and refurbishing park and recreational facilities and the Fees expected to be generated by future development will not exceed the projected cost of acquiring parkland and constructing,expanding,and refurbishing park and recreational facilities. 7.The method of allocation of the Fees to particular developments bears a fair relationship and is roughly proportional to each development’s burden on and benefits from the park and recreational facilities to be funded by the Fees,in that the Fees are calculated based on the number of residents and employees each particular development will attract. 8.The 2019 Supplemental Report is a detailed analysis of how using Park Construction Fees to expand and refurbish parks and recreational facilities and services is an efficient and cost-effective way to address demands for such facilities generated by new development in the City and identifying the parks and City of South San Francisco Printed on 10/16/2020Page 4 of 10 powered by Legistar™ File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. to address demands for such facilities generated by new development in the City and identifying the parks and recreational facilities necessary to accommodate that development. 9.The Fees are consistent with the General Plan and,pursuant to Government Code Section 65913.2,the City Council has considered the effects of the Fees with respect to the City’s housing needs as established in the housing element of the General Plan. 10.The Fee amounts set forth in this Resolution include the fair and reasonable costs of administration for the Fee programs as determined by the Finance Director and are within the requirements of the Mitigation Fee Act and other applicable law. 11.The annual fee adjustments provided for in this Resolution reasonably approximate the fluctuations in market costs in that it allows for adjustments in accordance with the All Urban Consumers Consumer Price Index,San Francisco-Oakland-San Jose (AUC-CPI)and the Engineering News Record Construction Cost Index (CCI) for the San Francisco area. 12.The average fair market value of land in the city reflected in this Resolution is a fair and reasonable calculation of such fair market value as determined by a qualified appraiser. 13.The average per acre construction costs in the city as set by this Resolution is a fair and reasonable calculation of such construction as determined by a qualified architecture or construction firm. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco: 1.Parkland Acquisition and Park Construction Fee Updated and Imposed. The Parkland Acquisition Fee and Park Construction Fee (“Fess”)imposed pursuant to the Mitigation Fee Act and Chapter 8.67 of the South San Francisco Municipal Code,are hereby updated and shall be imposed at the revised rates outlined in this Resolution. 2.Purpose The purposes of the parkland acquisition fee and the park construction fee remain the same as outlined in Resolution No.57-2016 and 89-2019 and as set forth in Section 8.67.010 of the South San Francisco Municipal Code (the “Municipal Code”). 3.Application of Fees All development projects identified in Section 8.67.050 of the Municipal Code are subject to the Parkland Acquisition Fee and Park Construction Fee. 4 Amount of Fees A.Adjust of Maximum Park Construction Fee for Inflation.The maximum allowable Park Construction Fee was identified in the 2019 Supplemental Report.Pursuant to Section 8.67.060(i)of the Municipal Code,the Fee may be adjusted annually by the same percentage as the latest increase or decrease in City of South San Francisco Printed on 10/16/2020Page 5 of 10 powered by Legistar™ File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. Municipal Code,the Fee may be adjusted annually by the same percentage as the latest increase or decrease in the Engineering News Record Construction Cost Index (CCI)for the San Francisco area.The adjustment shall be based on a comparison of the most recent CCI to the CCI in the month of adoption of the Fee,or the index used for the prior adjustment of the Fee.Since the 2019 changes to the Park Construction Fee,the CCI has increased by 5.45%.The intent of this Resolution is to adjust the Park Construction Fee for Office/R&D and Industrial projects only. The maximum justified fees are therefore increased as shown in the tables below. Maximum Park Construction Fee per Residential Unit Units in Structure Fee per Unit Fee per Unit (adjusted) 1 (single family residential unit)$26,148 NA-no adjustment 2 to 4 (duplex to four-plex)$22,586 NA-no adjustment 5 to 19 $19,175 NA-no adjustment 20 to 49 $15,462 NA-no adjustment 50 or more $13,491 NA-no adjustment Mobile home $20,085 NA-no adjustment Source: 2019 Supplemental Report (adjusted for inflation) Maximum Park Construction Fee per Non-Residential 1,000 Square Feet ClassificationFee per 1,000 Square FeetFee per 1,000 Square Feet (adjusted) Commercial/Retail $3,158 NA-no adjustment Hotel/Visitor $3,006 NA-no adjustment Office/R&D $2,804 $2,957 Industrial $1,326 $1,398 Source: 2019 Supplemental Report (adjusted for inflation) B.Residential Parkland Acquisition Fee.The amount of the Residential Parkland Acquisition Fee shall be determined by the calculation set forth in Section 8.67.060(b) of the Municipal Code and the following: i.Average Fair Market Value per Acre.For purposes of Section 8.67.060(b)and (d)of the Municipal Code, the average fair market value of land per acre in the city shall be set at $3,000,000. ii.Discount Factor.In accordance with Section 8.67.060(b)and 8.67.060(k)of the Municipal Code, in calculating the Residential Parkland Acquisition Fee, such fee shall be reduced by a factor of 0.904. iii.Annual Adjustment.Pursuant to Section 8.67.060(j)of the Municipal Code,the Fee will be adjusted beginning July 1,2021 and each July 1 thereafter,by the City Manager,or his or her designee,in accordance with the All Urban Consumer Price Index,San Francisco-Oakland-San Jose (AUC-CPI)for the month of May over the same CCI for the month of May of the prior year. C.Non-Residential Parkland Acquisition Fee.The amount of the Non-Residential Parkland Acquisition Fee shall be determined by the calculation set forth in Section 8.67.060(d)of the Municipal Code City of South San Francisco Printed on 10/16/2020Page 6 of 10 powered by Legistar™ File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. and the following: i.Average Fair Market Value per Acre.For purposes of Section 8.67.060(b)and (d)of the Municipal Code, the average fair market value of land per acre in the city shall be set at $3,000,000. ii.Discount Factor.In accordance with Section 8.67.060(d)and 8.67.060(k)of the Municipal Code, in calculating the Non-Residential Parkland Acquisition Fee, such fee shall be reduced by a factor of 1.0. iii.Annual Adjustment.Pursuant to Section 8.67.060(j)of the Municipal Code,the Fee will be adjusted beginning July 1,2021 and each July 1 thereafter,by the City Manager,or his or her designee,in accordance with the All Urban Consumer Price Index,San Francisco-Oakland-San Jose (AUC-CPI)for the month of May over the same CCI for the month of May of the prior year. D.Residential Park Construction Fee.The amount of the Residential Park Construction Fee shall be determined by the calculation set forth in Section 8.67.060(c) of the Municipal Code and the following: i.Average Construction Cost per Acre.Pursuant to Section 8.67.060(g)of the Municipal Code, the average construction cost per acre in the city shall be set at $2,526,395. ii.Discount Factor.In accordance with Section 8.67.060(c)and 8.67.060(k)of the Municipal Code,in calculating the Residential Park Construction Fee,such fee shall not be reduced by any factor and the full fee shall be charged. iii.Annual Adjustment.Pursuant to Section 8.67.060(i)of the Municipal Code,beginning July 1, 2021 and each July 1 thereafter,the City Manager,or his or her designee,shall adjust the Fee in accordance with the annual percentage increase in the Engineering New Record Construction Cost Index (CCI)for the San Francisco area for the month of May over the same CCI for the month of May of the prior year. E.Non-Residential Park Construction Fee.The amount of the Non-Residential Park Construction Fee shall be determined by the calculation set forth in Section 8.67.060(e)of the Municipal Code and the following: i.Average Construction Cost per Acre.Pursuant to Section 8.67.060(g)of the Municipal Code, the average construction cost per acre in the city shall be set at $2,526,395. ii.Discount Factor-Office/R&D.In accordance with Section 8.67.060(e)and 8.67.060(k)of the Municipal Code,in calculating the Non-Residential Park Construction Fee for Office/R&D projects,such fee shall not be reduced by any factor and the maximum justified fee shall be charged. iii.Discount Factor-Industrial.In accordance with Section 8.67.060(e)and 8.67.060(k)of the Municipal Code,in calculating the Non-Residential Park Construction Fee for Industrial development projects, such fee shall not be reduced by any factor and the maximum justified fee shall be charged. iv.Discount Factor-All Other Non-Residential.In accordance with Section 8.67.060(e)and 8.67.060(k)of the Municipal Code,in calculating the Non-Residential Park Construction Fee for all non- residential development projects other than Industrial and Office/R&D,such fee shall be reduced by a factor of City of South San Francisco Printed on 10/16/2020Page 7 of 10 powered by Legistar™ File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. residential development projects other than Industrial and Office/R&D,such fee shall be reduced by a factor of 0.602. v.Annual Adjustment.Pursuant to Section 8.67.060(i)of the Municipal Code,the Fee,beginning July 1,2021 and each July 1 thereafter,the City Manager,or his or her designee,shall adjust the Fee in accordance with the annual percentage increase in the Engineering New Record Construction Cost Index (CCI) for the San Francisco area for the month of May over the same CCI for the month of May of the prior year. F.Definitions of Office/R&D and Industrial. i.“Industrial”shall mean shall mean any development constructed or to be constructed on land having a General Plan land use or zoning designation for the manufacture,production,assembly,or processing of consumer goods and/or other space uses incidental to these activities.Industrial land uses include but are not limited to:assembly;concrete and asphalt batching plants;contractors’storage yards;fabrication;lumber yards; manufacturing;outdoor stockyards and service yards;printing;processing;warehouse and distribution;and wholesale and heavy commercial uses.“Industrial”includes the mixed industrial General Plan land use designation. ii.“Office /Research and Development”or “Office /R&D”shall mean any development constructed or to be constructed on land having a General Plan land use or zoning designation for general business offices,medical or professional offices,administrative or headquarters offices,offices for large wholesaling or manufacturing operations,research and/or development,research and development campus development with ancillary retail and services,and other space uses incidental to these activities.Office land uses include but are not limited to:administrative headquarters;business parks;finance offices;insurance offices;legal offices;medical and health services offices and office buildings;professional and administrative offices; professional associations; real estate offices; research and/or development offices and travel agencies. G.Administrative Fee.The administrative fee for implementing the Ordinance and administering the Fees shall be $700. H.Posting of Discount Factor Resolution.This Resolution shall be posted on the City’s website after adoption by the City Council. 5.Calculation of Fees The calculation of the Fees due for a development shall be based the Fees in effect at the time that payment of the Fees is required.The amount of the Fees due shall be calculated based on the applicable formula in Section 8.67.060(a)of the Municipal Code,as may be supplemented by the Administrative Guidelines issued pursuant to Section 12. 6.Timing of Payment of Fee A.Non-Residential Development.The Fee shall be charged and paid for a non-residential development when the building permit is issued for construction of such building or structure. B.Single Family Residential Development.The Fee shall be charged and paid for any single City of South San Francisco Printed on 10/16/2020Page 8 of 10 powered by Legistar™ File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. B.Single Family Residential Development.The Fee shall be charged and paid for any single family residential development (constructed or to be constructed on land with a dwelling unit designed for occupancy by one household and located on a separate lot from any other unit)upon the date of final inspection or issuance of the certificate of occupancy,whichever occurs first.However,if the Fee is to reimburse the City for expenditures previously made,or if the City determines that the Fee will be collected for improvements for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development,then the Fee shall be charged and paid upon issuance of the building permit for such development.With respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent of the total units are reserved for occupancy by lower income households (as defined in Health and Safety Code Section 50079.5)at an affordable rent (as defined in Health and Safety Code Section 50053),the payment procedures described in Government Code Section 66007(b)(2)(A)-(B) shall apply. C.Multi-Family Development.For any residential development not included in section B above, the Fee shall be charged and paid for on a lump-sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy,whichever occurs first.However,if the Fee is to reimburse the City for expenditures previously made,or if the City determines that the Fee will be collected for improvements for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule prior to issuance of the building permit for such residential development,then the Fee shall be charged and paid upon issuance of the building permit for such development.With respect to a residential development proposed by a nonprofit housing developer in which at least forty-nine percent of the total units are reserved for occupancy by lower income households (as defined in Health and Safety Code Section 50079.5)at an affordable rent (as defined in Health and Safety Code Section 50053),the payment procedures described in Government Code Section 66007(b)(2)(A)-(B) shall apply. 7.Use of Fees Revenue Funds collected pursuant to the Parkland Acquisition Fee and the Park Construction shall only be used for the purposes outlined in Section 8.67.070 of the Municipal Code. 8.Developer Construction of Improvements If a developer is required,as a condition of approval of a permit,to construct a park space that has been designated to be financed with the Fees,then the developer shall receive a credit against the amount of the Fee that otherwise would be levied on the development project.If the cost of the improvement or portion of the improvement as represented in the Fee program,adjusted for inflation,that is the developer’s responsibility is greater than the Fee obligation for the development project,then a reimbursement agreement with the developer shall be offered by the City.The reimbursement amount shall equal the difference between the Fee obligation and the actual cost of the improvement that is the developer’s responsibility.Reimbursements shall be paid only when and to the extent that moneys are available in the Fee fund.Credits must be approved by the City Manager or his or her designee. 9.Periodic Review The Fees shall be reviewed periodically as indicated below or as provided for in the Administrative Guidelines: City of South San Francisco Printed on 10/16/2020Page 9 of 10 powered by Legistar™ File #:20-771 Agenda Date:10/14/2020 Version:1 Item #:21b. A.Within 180 days following the end of each fiscal year the City Manager,or his or her designee, shall make available to the public information regarding the Fee pursuant to Government Code Section 66006. B.Pursuant to Government Code Section 66002,the City Council shall annually review,based on the current Capital Improvement Program,the approximate location,size,time of availability and estimates of cost for all Improvements to be financed with the Fee. C.Pursuant to Government Code Section 66001(d),for the fifth fiscal year following the first deposit into the Fee fund,and every five years thereafter,the City shall make certain findings with respect to that portion of the Fee fund remaining unexpended, whether committed or uncommitted. 10.Administrative Guidelines The City Manager may approve and maintain Administrative Guidelines to facilitate implementation of the Fees pursuant to this resolution.Such guidelines must be consistent with the provisions of this resolution and any operative ordinance governing the Fees. 11.Severability Each component of the Fee and all portions of this resolution are severable.Should any individual component of the Fee or other provision of this resolution be adjudged to be invalid and unenforceable,the remaining provisions shall be and continue to be fully effective,and the Fee shall be fully effective except as to that portion that has been judged to be invalid. 12.Effective Date This resolution shall become effective immediately and pursuant to Government Code Sections 66017 and 66019, and the Fee shall be effective sixty (60) days from the effective date of the resolution. ***** City of South San Francisco Printed on 10/16/2020Page 10 of 10 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO PARK LAND ACQUISITION AND PARK CONSTRUCTION FEES QUIMBY ACT AND MITIGATION FEE ACT REPORT MUNICIPAL RESOURCE GROUP, LLC 675 HARTZ AVENUE, SUITE 300 DANVILLE, CA 94526 (530) 878-9100 MARCH 2016 EXHIBIT A CITY OF SOUTH SAN FRANCISCO PARK LAND ACQUISITION AND PARK CONSTRUCTION FEES QUIMBY ACT AND MITIGATION FEE ACT REPORT Table of Contents EXECUTIVE SUMMARY ......................................................................................................................................... .1 I. INTRODUCTION AND BACKGROUND INFORMATION ................................................................... 8 II. QUIMBY ACT PARK LAND ACQUISITION IN‐LIEU FEE ............................................................... 15 III. PARK LAND ACQUISITION FEE – MITIGATION FEE ACT ........................................................... 20 IV. PARK CONSTRUCTION FEE .................................................................................................................... 26 V. PARK ACQUISITION AND PARK CONSTRUCTION FEES SUMMARY ...................................... 31 VI. ANNUAL FEE ADJUSTMENT ................................................................................................................... 32 VII. COMPLIANCE REQUIREMENTS ............................................................................................................ 33 ATTACHMENT 1: DANA PROPERTY ANALYSIS WEIGHTED AVERAGE MARKET VALUES ATTACHMENT 2: GROUP 4 ARCHITECTURE, RESEARCH + PLANNING INC. PARK CONSTRUCTION BUDGET CITY OF SOUTH SAN FRANCISCO PARK LAND ACQUISITION AND PARK CONSTRUCTION FEES QUIMBY ACT AND MITIGATION FEE ACT REPORT EXECUTIVE SUMMARY ______________________________________________________________________________ The City of South San Francisco adopted an ordinance in 1981 requiring certain residential developments to dedicate land for park and recreation purposes, or to pay a fee in‐lieu of the land dedication. The General Plan, Parks + Recreation Master Plan and the East of 101 Area Plan have revised the City’s park and recreation goals to include acquisition and construction of three acres of parks per one‐thousand residents for all new residential development projects, and acquisition and construction of 0.5 acres per one‐ thousand employees for all new commercial development projects. The City has engaged Municipal Resource Group LLC to prepare an analysis and Report with recommendations to update the Park Land Acquisition Fee and to adopt a Park Construction Fee. The fees calculated in this Report are the maximum fees that the City may adopt for Park Land Acquisition and Park Construction. The City may adopt fees as calculated in this Report, or may discount the fees and explore other methods to finance the achievement of its park goals. AUTHORITY TO ADOPT PARK LAND ACQUISITION FEES AND PARK CONSTRUCTION FEES The City’s goal of three acres per thousand residents can continue to be partially achieved through the authority of the Quimby Act. Generally, Quimby Act land dedication and in‐lieu fee requirements apply to new subdivisions, but not to multifamily residential development projects (rental units) or commercial development projects. To establish fee requirements for these other development projects, cities may adopt a Park Land Acquisition Fee for future residential and commercial development projects that are not subject to the Quimby Act, based on the authority provided in the Mitigation Fee Act. The proposed Quimby Act In‐lieu Fee and the Mitigation Fee Act Park Land Acquisition Fee are intended to provide funds to acquire park land to serve new residents and employees. A separate Park Construction Fee is proposed to pay for the construction of park facilities and improvements to serve new residents and employees, also under the authority of the Mitigation Fee Act. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 2 CURRENT DEDICATION REQUIREMENTS AND IN‐LIEU FEES The City of South San Francisco Municipal Code (Chapter 19.24) establishes the existing procedures for the Quimby Act dedication of land or the payment of an in‐lieu fee. The Municipal Code requires the City to obtain a separate appraisal for each development project that is subject to the Quimby Act. The City then calculates the in‐lieu fee per residential unit based on each appraisal and other criteria established in the Municipal Code. Under existing Municipal Code procedures, the Quimby Act in‐lieu fees can vary widely based on the appraisals of the subject properties. Instead of these individual appraisals, this Report recommends the use of a single market land valuation for park land acquisition fees for all future residential and commercial development projects and proposes a common fee for similar residential development projects and commercial development projects. PARK LAND ACQUISITION FEES ‐ RESIDENTIAL DEVELOPMENTS The proposed methodology for calculating both the Quimby Act In‐lieu fees for residential subdivisions and the Mitigation Fee Act fee for all other residential development projects is based on the City’s standard of three acres of park land per one‐thousand residents (.003 acres per resident), the number of residents in each residential classification, and the market value of land. The acres required for each residential classification (Units in Structure) are identified in Table ES‐1 by multiplying .003 acres per resident by the average number of residents in each land use classification. Table ES‐1: Park Land Acres Required per Residential Unit Units in Structure Acres per Resident Residents per Unit Park Land Acres Required per Unit 1 (single‐family residential unit) 0.003 3.45 0.01035 2 to 4 (duplex to four‐plex) 0.003 2.98 0.00894 5 to 19 0.003 2.53 0.00759 20 to 49 0.003 2.04 0.00612 50 or more 0.003 1.78 0.00534 Mobile home 0.003 2.65 0.00795 Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Municipal Resource Group LLC Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 3 To determine the value of land, the City contracted with Dana Property Analysis to prepare an analysis of the average market value of vacant land, estimated at $3,000,000 per acre. Table ES‐2 calculates the Park Land Acquisition Fee per residential unit by multiplying the park land acres required per unit (from Table ES‐1) by the $3,000,000 market value per acre. Table ES‐2: Park Land Acquisition Fee per Residential Unit Units in Structure Park Land Acres Required per Unit Market Value of Land per Acre Fee per Unit 1 (single‐family residential unit) 0.01035 $3,000,000 $31,050 2 to 4 (duplex to four‐plex) 0.00894 $3,000,000 $26,820 5 to 19 0.00759 $3,000,000 $22,770 20 to 49 0.00612 $3,000,000 $18,360 50 or more 0.00534 $3,000,000 $16,020 Mobile home 0.00795 $3,000,000 $23,850 Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Municipal Resource Group LLC PARK LAND ACQUISITION FEES – COMMERCIAL DEVELOPMENTS The South San Francisco General Plan and the East of 101 Area Plan establish a standard of 0.5 acres per one‐thousand new employees. Fees on commercial projects are typically applied per one‐thousand square feet of building space. The number of employees per one‐thousand square feet of building space varies among commercial uses. Table ES‐3 calculates the park land acreage required per one‐thousand square feet of new commercial building space by multiplying the number of employees per one‐ thousand square feet by the acreage required per employee (0.5 acres per one‐thousand employees is equal to .0005 acres per employee). Table ES‐3: Park Land Acreage Required per One‐thousand Square Feet of Commercial Space Classification Employees per 1,000 Square Feet Park Land Acres Required per Employee Park Land Acres Required per 1,000 Square Feet Commercial/Retail 2.50 .0005 acres .00125 acres Hotel/Visitor 2.38 .0005 acres .00119 acres Office/R&D 2.22 .0005 acres .00111 acres Industrial 1.05 .0005 acres .00052 acres Source: City of South San Francisco General Plan Land Use Element, page 55; Municipal Resource Group LLC Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 4 The Park Land Acquisition Fee is based on the amount of land required to meet the applicable park land standard, and the $3,000,000 market value of land. Table ES‐4 calculates the fee per one‐thousand square feet of commercial space by multiplying the required acres per 1,000 square feet (from Table ES‐3) by the $3,000,000 market value per acre. Table ES‐4: Park Land Acquisition Fee per One‐thousand Square Feet of Commercial Space Classification Park Land Acres per 1,000 Square Feet Market Value of Land per Acre Fee per 1,000 Square Feet Commercial/Retail .00125 acres $3,000,000 $3,750 Hotel/Visitor .00119 acres $3,000,000 $3,571 Office/R&D .00111 acres $3,000,000 $3,333 Industrial .00052 acres $3,000,000 $1,571 Source: City of South San Francisco General Plan Land Use Element, page 55; Dana Property Analysis; Municipal Resource Group LLC PARK CONSTRUCTION FEES While the Quimby Act In‐lieu Fee and the Park Land Acquisition Fee will provide for the acquisition of park land, the proposed Park Construction Fee provides funds for the construction of park facilities and improvements on the land acquired with the proceeds from the other fees. PARK CONSTRUCTION FEES ‐ RESIDENTIAL DEVELOPMENTS The acreage to be improved with park facilities to serve residential development is the same as established for park land acquisition: three acres per one‐thousand future residents. The Park Construction Fee is based on the amount of land required to be improved and the cost of constructing park facilities and improvements. The average hard and soft construction cost per acre is $981,250, as estimated by Group 4 Architecture, Research + Planning, Inc. Table ES‐5 calculates the fee per residential unit by multiplying the required acres per unit by the $981,250 construction cost per acre per acre. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 5 Table ES‐5: Park Construction Fee per Residential Unit Units in Structure Park Acres per Unit Construction Cost per Acre Fee per Unit 1 (single‐family residential unit) 0.01035 $981,250 $10,156 2 to 4 (duplex to four‐plex) 0.00894 $981,250 $ 8,772 5 to 19 0.00759 $981,250 $ 7,448 20 to 49 0.00612 $981,250 $ 6,005 50 or more 0.00534 $981,250 $ 5,240 Mobile home 0.00795 $981,250 $ 7,801 Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Group 4 Architecture, Research + Planning Inc.; Municipal Resource Group LLC PARK CONSTRUCTION FEES ‐ COMMERCIAL DEVELOPMENTS The South San Francisco General Plan and the East of 101 Area Plan establish a standard of 0.5 acres per one‐thousand new employees in the City. The acreage to be improved with park facilities to serve commercial development is the same as established for park land acquisition: 0.5 acres per one‐thousand employees. Table ES‐6 calculates the park acreage required to be improved per one‐thousand square feet of new commercial building space by multiplying the employees per one‐ thousand square feet by the acreage required per employee. Table ES‐6: Park Acres to be Improved per One‐thousand Square Feet of Commercial Space Classification Employees per 1,000 Square Feet Park Acres Required per Employee Acres to be Improved per 1,000 Square Feet Commercial/Retail 2.50 .0005 acres .00125 acres Hotel/Visitor 2.38 .0005 acres .00119 acres Office/R&D 2.22 .0005 acres .00111 acres Industrial 1.05 .0005 acres .00052 acres Source: City of South San Francisco General Plan Land Use Element, page 55; Dana Property Analysis; Municipal Resource Group LLC Table ES‐7 calculates the fee per one‐thousand square feet of commercial space by multiplying the required acres per employees (from Table ES‐6) by the $981,250 construction cost per acre per acre. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 6 Table ES‐7: Park Construction Fee per One‐thousand Square Feet of Commercial Space Classification Park Acres per 1,000 Square Feet Construction Cost per Acre Fee per 1,000 Square Feet Commercial/Retail .00125 acres $981,250 $1,227 Hotel/Visitor .00119 acres $981,250 $1,168 Office/R&D .00111 acres $981,250 $1,090 Industrial .00052 acres $981,250 $ 514 Source: City of South San Francisco; Parks + Recreation Master Plan; Group 4 Architecture, Research + Planning Inc.; Municipal Resource Group LLC FEE SUMMARY Table ES‐8 presents the proposed Park Land Acquisition Fees (Quimby Act and Mitigation Fee Act) and the Park Construction Fees for residential units. The City may adopt fees equal to, or below the amounts identified in Table ES‐8. Table ES‐8: Total Park Fees per Residential Unit Units in Structure Park Land Acquisition Fee Park Construction Fee Total Park Fees 1 (single‐family residential unit) $31,050 $10,156 $41,206 2 to 4 (duplex to four‐plex) $26,820 $ 8,772 $35,592 5 to 19 $22,770 $ 7,448 $30,218 20 to 49 $18,360 $ 6,005 $24,365 50 or more $16,020 $ 5,240 $21,260 Mobile home $23, 850 $ 7,801 $31,651 Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Group 4 Architecture + Planning Inc.; Municipal Resource Group LLC Table ES‐9 presents the proposed Park Land Acquisition Fees and the Park Construction Fees for commercial development projects. The City may adopt fee equal to, or below the amounts identified in Table ES‐9. Table ES‐9: Total Park Fees per One‐thousand Square Feet of Commercial Space Classification Park Land Acquisition Fee Park Construction Fee Total Park Fees Commercial/Retail $3,750 $1,227 $4,977 Hotel/Visitor $3,571 $1,168 $4,739 Office/R&D $3,333 $1,090 $4,423 Industrial $1,571 $ 514 $2,085 Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Group 4 Architecture + Planning Inc.; Municipal Resource Group LLC Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 7 QUIMBY ACT AND MITGATION FEE ACT REQUIREMENTS; FEE ADJUSTMENTS The Report provides recommended findings to adopt the Quimby Act In‐lieu fees and the Mitigation Fee Act fees. It also provides a summary of the statutory and administrative requirements for both Acts and proposes mechanisms to adjust the fees on an annual basis. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 8 I. INTRODUCTION AND BACKGROUND INFORMATION ______________________________________________________________________________ The City of South San Francisco adopted an ordinance in 1981 requiring certain new residential subdivisions to dedicate land for park and recreation purposes, or to pay a fee in‐lieu of the land dedication. The City subsequently adopted a revised General Plan, an East of 101 Area Plan and a revised Parks + Recreation Master Plan with new park and recreation goals. The purpose of this analysis and Report is to provide recommendations to revise and update the Park Land Acquisition In‐lieu Fee ordinance, and to adopt a Park Construction Fee, to be consistent with and to implement the goals of the General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan. The fees calculated in this Report are the maximum fees that the City may adopt for Park Land Acquisition and Park Construction. The City may adopt fees as calculated in this Report, or may discount the fees and explore other methods to finance the achievement of its park goals. GENERAL PLAN GOALS The City of South San Francisco General Plan, adopted in 1999, contains several Guiding Policies and Implementing Policies regarding park and recreation facilities. The General Plan provides for new park land in South San Francisco by setting a park land acreage standard for new residents and employees. The following policies are articulated in the General Plan:  “Guiding Policy 5.1‐G‐1: Develop additional park land in the City, particularly in areas lacking facilities, to meet the standards of required park acreage for new residents and employees.”  “Implementing Policy 5.1‐I‐2: Maintain park land standards of 3.0 acres of community and neighborhood parks per 1,000 new residents, and 0.5 acres of park land per 1,000 new employees, to be located in employment areas.”  “Implementing Policy 5.1‐I‐3: Prefer in‐lieu fees to dedication, unless sites offered for dedication provide features and accessibility similar in comparison to sites shown on General Plan Figure 5‐1 and shown in more detail in the El Camino Real / Chestnut Avenue Area Plan. Opportunities for park dedication with new residential Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 9 development are limited. In‐lieu fees are intended to give the City flexibility to purchase available park land elsewhere in the City.”  “Implementing Policy 5.1‐I‐10: Review the current regulations for the dedication of park land in subdivisions to ensure that requirements are adequate to meet the standards of the General Plan at Plan build‐out.” PARKS + RECREATION MASTER PLAN GOALS The Parks + Recreation Master Plan adopted in July 2015 reiterates park facility goals:  “Goal #1: South San Francisco should provide a minimum of 3 acres of developed park land per 1,000 residents, and 0.5 acres of park land per 1,000 employees.” The Parks + Recreation Master Plan also provides policy guidance regarding the use of the Mitigation Fee Act (California Government Code section 66000 et seq) for the purpose of including all future residential and commercial development projects in a fee program to acquire park land and to construct park facilities. The Parks + Recreation Master Plan states, in part, beginning on page 122: “The improvement and expansion of the Parks and Recreation Facilities as recommended in this Master Plan and the City’s General Plan are policies based a comprehensive needs assessment. Fees exacted under AB1600 (Mitigation Fee Act) would be designated for carrying out the improvements set forth in these documents, which reflect the demands that will result from the increased population of residents and employees resulting from development projects. Whereas the Quimby Act applies only to owner‐occupied development projects, fees may be assessed against other development types, including rental and commercial projects. The City should implement park fees on new development projects. This is particularly important at this time, when the pace of rental and commercial construction is accelerating rapidly, and the increase in the number of new residents and employees will significantly impact the parks system” (underlining added). Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 10 EAST OF 101 AREA PLAN GOALS The East of 101 Area Plan was adopted in 1994, and as its name reflects, it establishes policies and goals for the area east of Highway 101. The East of 101 Area Plan discusses the importance of public facilities to serve the area, and states the following policy:  “Policy RE‐2: Developers in the East of 101 Area shall be required to either pay park in‐lieu fees or dedicate park land based on a formula developed by the City which estimates the demand for park and recreational facilities generated by the expected employment of the project.” THE QUIMBY ACT Park land dedication requirements for residential subdivisions are authorized by the Quimby Act, as codified in the California Government Code, beginning with Section 66477. The Quimby Act authorizes a City to require the dedication of a minimum of three acres of land per one‐thousand residents in proposed residential subdivisions, or the payment of an in‐lieu fee. If the amount of existing park land in the City exceeds a ratio of three acres per one‐thousand residents, the City may require the dedication of the existing ratio of park land per one‐thousand residents, up to a maximum of five acres per one‐ thousand future residents. Quimby Act land dedication and in‐lieu fee requirements apply to parcels created by a major residential subdivision (five or more parcels). They also apply to parcel maps created by a minor residential subdivision (a subdivision of four parcels or less) if a building permit is requested within four years of the approval of the parcel map for the minor subdivision. The Quimby Act requirements do not apply to commercial development projects or multifamily residential (rental) development projects, existing single family residential lots that do not require a subdivision to develop, or minor subdivisions that do not seek building permits within four years of receiving parcel map approval. In the event that a proposed residential subdivision is less than fifty parcels, the City may only require the payment of an in‐lieu fee (and not the dedication of land). The in‐lieu fees may only be used for acquiring land and developing new park and recreation facilities, or rehabilitating existing neighborhood parks, community parks and recreational facilities. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 11 The City of South San Francisco General Plan (1999) provides park land inventory data: “South San Francisco currently includes 319.7 acres of parks and open space, or 5.4 acres per 1,000 residents…This includes 70 acres of developed park land (community, neighborhood, mini and linear parks), 168.5 acres of open space and 81.2 acres of school lands. While the overall amount of park land appears to meet the community’s needs, closer analysis reveals that only 1.2 acres of developed park land, excluding school parks and open space, is available per 1,000 residents.” (South San Francisco General Plan, Chapter 5: Parks, Public Facilities and Services Element, 1999). The Parks + Recreation Master Plan updates the current inventory of park land: “Currently, there are approximately 1.4 acres of community, neighborhood and mini‐park per 1,000 South San Francisco residents. Including the linear parks, specialty parks and common greens, the ratio rises to a total of 2.7 acres of developed park land per 1,000. When Open Space is included in this calculation, South San Francisco provides 3.9 acres of park land per 1,000 residents. Finally, including school sites that currently have joint use facilities, the acreage increases to 5.4 per 1,000.” (Parks + Recreation Master Plan, page 98) Based on the current inventory of park land, the General Plan and the Park + Recreation Master Plan establish a park land standard of three acres per one‐thousand future residents, consistent with the minimum dedication standard in the Quimby Act. Chapter II in this Report provides the analysis for the calculation of a Quimby Act In‐ lieu Fee based on the three acres per one‐thousand future residents’ standard established in the General Plan and the Parks + Recreation Master Plan. THE MITIGATION FEE ACT Separate from the Quimby Act, authority for establishing development impact fees for residential and commercial development projects is found in the Mitigation Fee Act, also Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 12 known as AB 1600, as codified in the California Government Code beginning with Section 66000. The Mitigation Fee Act permits local agencies to establish and collect a fee as a condition of approval of a development project for the purpose of defraying the cost of public facilities required to serve the development project. The fee may include the cost of refurbishing existing facilities to maintain the existing level of service or to achieve an adopted level of service that is consistent with the General Plan. The public facilities must be identified in a capital improvement plan, the General Plan, an applicable specific plan or other public documents. The fee may not be used to pay for existing deficiencies in public facilities. Under the Mitigation Fee Act, a local agency considering an action establishing, increasing or imposing a fee as a condition of approval of a development project must do all of the following: 1. Identify the purpose of the fee. 2. Identify the use to which the fee is to be put. 3. Determine how there is a reasonable relationship between the fee's use and the type of development project upon which the fee is imposed. 4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project upon which the fee is imposed. 5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development upon which the fee is imposed. To establish equal fee requirements for future residential development projects that are not subject to the Quimby Act, cities may also adopt a Park Land Acquisition Fee under authority of the Mitigation Fee Act. Chapter III in this Report provides the analysis required by the Mitigation Fee Act for a proposed Park Land Acquisition Fee for residential development projects that are not subject to the Quimby Act. Under no circumstances would both the Quimby Act In‐lieu Fee and the Park Land Acquisition Fee apply to the same residential parcel. The General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan establish a standard of 0.5 acres of parks per one‐thousand new employees for future Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 13 commercial developments. Chapter III in this Report provides the analysis required by the Mitigation Fee Act for a proposed Park Land Acquisition Fee for commercial development projects. The proposed Quimby Act In‐lieu Fee and the Mitigation Fee Act Park Land Acquisition Fee are based on the cost of acquiring the land required by the City’s three acres per one‐thousand residents’ standard and the 0.5 acres per one‐thousand new employees’ standard. These park land acquisition fees do not include the cost of constructing park facilities and improvements on the park land. Therefore, a separate Park Construction Fee is proposed to pay for the construction of park facilities and improvements on park land required to serve new residents and employees. Chapter IV in this Report provides the analysis required by the Mitigation Fee Act for a proposed Park Construction Fee. PROPOSED REVISIONS TO THE MUNICIPAL CODE The City of South San Francisco currently imposes park land acquisition in‐lieu fees on residential subdivisions that are subject to the Quimby Act. The City’s Municipal Code Chapter 19.24 establishes procedures for the dedication of land or the payment of an in‐lieu fee for Quimby Act park land acquisition. The Municipal Code requires the City to obtain an appraisal for each development project that is subject to the Quimby Act (and for the developer to reimburse the City for the cost of the appraisal). The City then calculates the in‐lieu fee per residential unit based on the appraisal and other criteria established in the Municipal Code. Under existing Municipal Code procedures, the Quimby Act fees for the two most recent projects were $27,522 per residential unit and $22,966 per residential unit (before partial project‐related credits for private recreational space). The fees for both projects were calculated using the existing “multi‐family/high density” formula. Yet there is disparity between the fees for the two projects, due to differences in appraised values for the two projects, even though both projects generate the same demand for park facilities per person and per residential unit. This Report proposes that the Municipal Code be revised by setting an in‐lieu fee that would apply equally to all residential developments with similar population densities, based on a single current land value. By adopting this methodology, the requirement for an appraisal on every residential subdivision will be eliminated. Moreover, potential developers will know what the fee will be in advance of seeking permit approvals. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 14 REPORT OBJECTIVES AND RECOMMENDATIONS This Report is intended to assist the City of South San Francisco in achieving the policies, goals and implementation measures in the General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan. The overall objective is to offer procedures to ensure that the City attains its goal of acquiring and constructing three acres of community and neighborhood park land per one‐thousand future residents, and 0.5 acres of park land per one‐thousand new employees, and that fees paid by new development projects contribute proportionately toward these goals. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 15 II. QUIMBY ACT PARK LAND ACQUISITION IN‐LIEU FEE ______________________________________________________________________________ The Quimby Act authorizes the dedication of land or a payment of an in‐lieu fee for three acres of park land per one‐thousand future residents, or up to five acres of park land per one‐thousand future residents if there is an existing inventory of at least five acres of park land per one‐thousand residents. The South San Francisco General Plan and the Parks + Recreation Master Plan identify and establish a City goal of three acres of park land per one‐thousand future residents. This Chapter calculates the Quimby Act Park Land Acquisition In‐lieu Fee based on three acres per one‐thousand future residents. As previously discussed, the Quimby Act in‐lieu fee applies only to parcels created by a major residential subdivision (five or more parcels) and to parcels created by a minor residential subdivision (four parcels or less) if a building permit is requested within four years of the approval of the parcel map for the minor subdivision. CALCULATION OF THE ACREAGE REQUIRED PER RESIDENTIAL UNIT Park land acquisition in‐lieu fees are charged on a per residential unit basis, based on the average number of residents who live in a particular type of residential unit. Different types of residential units have different average numbers of residents per unit. The United States Census Bureau publishes annual demographic and population data, known as American FactFinder data. The 2014 American FactFinder data is the most current, credible and verifiable data available. The data is provided per residential unit, based on the number of units in a structure. For all residential units, the average is 3.12 persons per unit. The data indicates that the more units in a structure, the fewer persons live in each unit. Table II‐1 provides 2014 American FactFinder data for residents per unit. Table II‐1: Residents per Residential Unit, City of South San Francisco Units in Structure Residents per Unit 1 (single‐family residential unit) 3.45 2 to 4 (duplex to four‐plex) 2.98 5 to 19 2.53 20 to 49 2.04 50 or more 1.78 Mobile home 2.65 Average, City of South San Francisco 3.12 Source: United States Census Bureau, 2014 American FactFinder, Table B25124 Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 16 The City's standard of three acres per one‐thousand future residents is equal to .003 acres per resident (three acres divided by one‐thousand residents). The park land acreage required per residential unit is calculated in Table II‐2, below, by multiplying .003 acres per resident by the average number of residents in the residential units indicated previously in Table II‐1. Table II‐2: Park Land Acres Required per Residential Unit Units in Structure Acres per Resident Residents per Unit Park Land Acres Required per Unit 1 (single‐family residential unit) 0.003 3.45 0.01035 2 to 4 (duplex to four‐plex) 0.003 2.98 0.00894 5 to 19 0.003 2.53 0.00759 20 to 49 0.003 2.04 0.00612 50 or more 0.003 1.78 0.00534 Mobile home 0.003 2.65 0.00795 Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124 CALCULATION OF THE FEE PER RESIDENTIAL UNIT The in‐lieu fee is based on the amount of land required to meet the applicable park land standard, and the market value of land. To determine the market value of land, the City contracted with an appraisal firm, Dana Property Analysis, to prepare an analysis of the average market value of vacant land in South San Francisco. The Dana Property Analysis is provided as Attachment 1 to this Report. The average market value of vacant land in South San Francisco is estimated by Dana Property Analysis to be $3,000,000 per acre. South San Francisco Municipal Code Chapter 19.24.090(a) currently requires that the in‐lieu fee include the fair market value of land, plus a factor of twenty percent to provide funding for off‐site improvements required by Municipal Code Section 19.24.080(c). More specifically, Section 19.24.080(c) requires “(1) full street improvements and utility connections, including, but not limited to curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to the land dedicated pursuant to this section; (2) fencing along the property line of that portion of the subdivision contiguous to the dedicated land; (3) improved drainage throughout the dedicated land; and (4) other minimal improvements which the City Council determines to be essential to the acceptance of the land for recreational purposes.” This Report and analysis of the Quimby Act in‐lieu fee proposes Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 17 that the twenty percent factor currently added to the in‐lieu fees be deleted from the South San Francisco Municipal Code, for the following reasons:  The market value of land estimated by Dana Property Analysis is based on comparable sales data for recent sales in the South San Francisco area. Many of the comparable sales already have the public improvements referenced in 19.20.080(c)(1); therefore, the cost of these public improvements is already included in the market value of land.  Fencing along the property line adjacent to the subdivision as referenced in 19.20.080(c)(2) would not be required, because the in‐lieu fees will be used to purchase suitable park land that is not likely to be adjacent to the subdivision.  This Report recommends a separate Park Construction Fee, based on the projected cost of building parks, which would include the improved drainage and other minimal improvements referenced in sections 19.24.080(c)(3) and 19.24.080(c)(4). Table II‐3 calculates the Quimby Act Park Land Acquisition In‐Lieu fee per residential unit by multiplying the required acres per unit (from Table II‐2) by the $3,000,000 market value per acre. Table II‐3: Quimby Act Park Land Acquisition In‐Lieu Fee per Residential Unit Units in Structure Park Land Acres Required per Unit Market Value of Land per Acre Fee per Unit 1 (single‐family residential unit) 0.01035 $3,000,000 $31,050 2 to 4 (duplex to four‐plex) 0.00894 $3,000,000 $26,820 5 to 19 0.00759 $3,000,000 $22,770 20 to 49 0.00612 $3,000,000 $18,360 50 or more 0.00534 $3,000,000 $16,020 Mobile home 0.00795 $3,000,000 $23,850 Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Municipal Resource Group LLC Table II‐3 demonstrates that fees under the proposed methodology would vary only by the difference in expected number of units in a structure and residents per unit, and not by different appraisal values. The City may adopt Quimby Act Park Land Acquisition In‐lieu fees equal to, or below the amounts identified in Table II‐3. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 18 The City will incur costs to administer the fee program and to prepare the compliance analyses and reports required by the Quimby Act. The compliance requirements are identified in Chapter VII of this Report. The City may add an administration cost factor to the fee, to cover the cost of administering the programs and the cost of compliance with statutory requirements. QUIMBY ACT REQUIREMENTS The Quimby Act requires a local agency to address the following key procedural requirements when adopting the dedication requirements and the in‐lieu fee. The Quimby Act contains other requirements as well, which may be found in the California Government Code beginning with Section 66477. 1. Adopt a general plan or specific plan containing policies and standards for parks and recreation facilities. The City of South San Francisco General Plan and the Parks + Recreation Master Plan establish a standard of three acres of park land for each one‐ thousand residents. 2. Adopt an ordinance requiring the dedication of land or the imposition of a requirement for the payment of a fee in‐lieu of the dedication of land, or a combination of both. The ordinance must include definite standards for determining the proportion of a subdivision to be dedicated and the amount of the in‐lieu fee. The amount of land to be dedicated and the fee must be based upon the density of each residential type. It will be necessary for the City to revise its enabling ordinance to implement the proposed in‐lieu fee methodology. It is also recommended that the City adopt a fee resolution, implementing the proposed in‐lieu fee. 3. The amount and location of land to be dedicated or the fees to be paid must bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 19 The City of South San Francisco has established a standard level of service of three acres of park land for each one‐thousand residents. This standard is based upon the minimum requirement in the Quimby Act. The land dedication requirement and the in‐lieu fees are calculated to maintain this standard for future residents. 4. A schedule must be developed specifying how, when, and where the City will use the land or fees to develop park and recreational facilities. The General Plan and the Parks + Recreation Master Plan identify the location of several of the proposed future parks. It will be necessary for the City to adopt a separate schedule showing how the City will use the land or fees (site acquisition), when the City will use the fees (in five year intervals) and where the City will use the fees (specific sites and locations). Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 20 III. PARK LAND ACQUISITION FEE – MITIGATION FEE ACT (NON‐QUIMBY ACT DEVELOPMENT PROJECTS) ______________________________________________________________________________ The City of South San Francisco currently collects park land acquisition fees only from residential development projects that are subject to the Quimby Act. Quimby Act land dedication and in‐lieu fee requirements apply to parcels created by a major residential subdivision (five or more parcels) and to parcels created by a minor residential subdivision (four parcels or less) if a building permit is requested within four years of the approval of the parcel map for the minor subdivision. Quimby Act requirements do not apply to an existing residential lot that has not previously paid a park fee, multi‐family residential (rental) development projects or commercial development projects. The General Plan and the Parks + Recreation Master Plan include goals to collect park land acquisition fees from all new residential development projects and all new commercial development projects. Residents who will occupy future residential units that are not currently subject to the Quimby Act in‐lieu fee will nonetheless create demand for park facilities. To address this demand, public agencies may adopt a residential Park Land Acquisition Fee under the authority of the Mitigation Fee Act to collect a similar fee from residential development projects that are not subject to the Quimby Act. Similarly, employees who work in future commercial projects will also impact park facilities (lunch time activity and picnic areas, before and after work activities, outdoor exercise, sports leagues and other recreational activities). To address this demand, public agencies may adopt a commercial Park Land Acquisition Fee under the authority of the Mitigation Fee Act to collect a proportionate fee from commercial development projects that are not subject to the Quimby Act. The City of South San Francisco has established a goal of creating one‐half acre of park land for each one‐thousand employees, and has directed that this Report identify a potential fee to implement this goal for future employees. This Chapter provides the analysis and findings required by the Mitigation Fee Act to collect park land acquisition fees from future residential development projects and commercial development projects that are not subject to the Quimby Act. The analysis and calculation of the Park Land Acquisition Fee in this Chapter parallels the analysis and calculation of the Quimby Act Park Land Acquisition In‐lieu Fee in Chapter II. However, Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 21 under no circumstance would both the Quimby Act Park Land Acquisition In‐lieu Fee and the Mitigation Fee Act Park Land Acquisition Fee apply to the same residential development parcel or project. CALCULATION OF THE ACREAGE REQUIRED PER RESIDENTIAL UNIT Park land acquisition fees are charged on a per unit basis, based on the average number of residents who live in a residential unit. As discussed in Chapter II, different types of residential units have different average number of residents per unit. Table III‐1 provides 2014 American FactFinder data for residents per unit. Table III‐1: Residents per Residential Unit, City of South San Francisco Units in Structure Residents per Unit 1 (single‐family residential unit) 3.45 2 to 4 (duplex to four‐plex) 2.98 5 to 19 2.53 20 to 49 2.04 50 or more 1.78 Mobile home 2.65 Average 3.12 Source: United States Census Bureau, 2014 American FactFinder, Table B25124 The City's standard of three acres per one‐thousand future residents is equal to .003 acres per resident (three acres divided by one‐thousand residents). The park land acreage required per residential unit is calculated in Table III‐2, below, by multiplying .003 acres per resident by the average number of residents in residential units indicated previously in Table III‐1. Table III‐2: Park Land Acres Required per Residential Unit Units in Structure Acres per Resident Residents per Unit Park Land Acres Required per Unit 1 (single‐family residential unit) 0.003 3.45 0.01035 2 to 4 (duplex to four‐plex) 0.003 2.98 0.00894 5 to 19 0.003 2.53 0.00759 20 to 49 0.003 2.04 0.00612 50 or more 0.003 1.78 0.00534 Mobile home 0.003 2.65 0.00795 Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Municipal Resource Group LLC Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 22 CALCULATION OF THE FEE PER RESIDENTIAL UNIT The Park Land Acquisition Fee is based on the amount of land required to meet the applicable park land standard, and the market value of land. As discussed in Chapter II, the average market value of vacant in South San Francisco is estimated to be $3,000,000 per acre. Table III‐3 calculates the fee per residential unit by multiplying the required acres per unit (from Table III‐2) by the $3,000,000 market value per acre. Table III‐3: Mitigation Fee Act Park Land Acquisition Fee per Residential Unit Units in Structure Park Land Acres Required per Unit Market Value of Land per Acre Fee per Unit 1 (single‐family residential unit) 3.45 $3,000,000 $31,050 2 to 4 (duplex to four‐plex) 2.98 $3,000,000 $26,820 5 to 19 2.53 $3,000,000 $22,770 20 to 49 2.04 $3,000,000 $18,360 50 or more 1.78 $3,000,000 $16,020 Mobile home 2.65 $3,000,000 $23,850 Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Municipal Resource Group LLC The City may adopt Mitigation Fee Act Park Land Acquisition Fees for residential development projects not subject to the Quimby Act, under the authority of the Mitigation Fee Act that are equal to, or below the amounts identified in Table III‐3. The City will incur costs to administer the fee program and to prepare the compliance analyses and reports required by the Mitigation Fee Act. The compliance requirements are identified in Chapter VII of this Report. The City may add an administration cost factor to cover the cost of administering the programs and the cost of compliance with statutory requirements. CALCULATION OF THE ACREAGE REQUIRED FOR COMMERCIAL DEVELOPMENT PROJECTS The South San Francisco General Plan establishes a standard of 0.5 acres per one‐ thousand new employees in the City. The East of 101 Area Plan reaffirms this goal and standard for that particular commercial area. Fees on commercial projects are typically applied per one‐thousand square feet of building space. The number of employees per one‐thousand square feet of building space Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 23 varies among commercial uses. The City of South San Francisco provided the data for the number of employees per one‐thousand square feet of building space, as cited in Table III‐4. Table III‐4 calculates the park land acreage required per one‐thousand square feet of new commercial building space by multiplying the number of employees per one‐ thousand square feet by the acreage required per employee ( 0.5 acres per one‐thousand employees is equal to .0005 acres per employee). Table III‐4: Park Land Acreage Required per One‐thousand Square Feet of Commercial Space Classification Employees per 1,000 Square Feet Park Land Acres Required per Employee Park Land Acres Required per 1,000 Square Feet Commercial/Retail 2.50 .0005 acres .00125 acres Hotel/Visitor 2.38 .0005 acres .00119 acres Office/R&D 2.22 .0005 acres .00111 acres Industrial 1.05 .0005 acres .00052 acres Source: City of South San Francisco General Plan Land Use Element, page 55; Municipal Resource Group LLC CALCULATION OF THE COMMERCIAL FEE The commercial Park Land Acquisition Fee is based on the amount of land required to meet the applicable park land standard (Table III‐4) and the market value of land. As discussed in Chapter II, the average market value of vacant land in South San Francisco is estimated to be $3,000,000 per acre. Table III‐5 calculates the fee per one‐thousand square feet of commercial space by multiplying the required acres per 1,000 square feet (from Table III‐4) by the $3,000,000 market value per acre. Table III‐5: Mitigation Fee Act Park Land Acquisition Fee per One‐thousand Square Feet of Commercial Space Classification Park Land Acres per 1,000 Square Feet Market Value of Land per Acre Fee per 1,000 Square Feet Commercial/Retail .00125 acres $3,000,000 $3,750 Hotel/Visitor .00119 acres $3,000,000 $3,571 Office/R&D .00111 acres $3,000,000 $3,333 Industrial .00052 acres $3,000,000 $1,571 Source: City of South San Francisco General Plan Land Use Element, page 55; Dana Property Analysis; Municipal Resource Group LLC Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 24 The City may adopt Park Land Acquisition Fees under the Mitigation Fee Act for commercial development projects that are equal to, or below the amounts identified in Table III‐5. The City will incur costs to administer the fee program and to prepare the compliance analyses and reports required by the Mitigation Fee Act. The compliance requirements are identified in Chapter VII of this Report. The City may add an administration cost factor to cover the cost of administering the programs and the cost of compliance with statutory requirements. AB 1600 NEXUS The Mitigation Fee Act (AB 1600) requires a local agency considering an action establishing, increasing or imposing a fee to address the following procedural requirements. 1. Identify the purpose of the fee. The purpose of the Park Land Acquisition Fee is to provide funding to achieve the City’s goal of maintaining park service levels and to provide adequate recreational services for South San Francisco residents and employees, as established in the General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan. 2. Identify the use to which the fee is to be put. The proceeds from the fees will be used to acquire three acres of park land per one‐ thousand future residents and 0.5 acres per one‐thousand new employees, as identified in the City’s General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan. 3. Identify the relationship between the fee's use and the type of development project on which the fee is imposed. The fee will be applied to residential development projects and commercial development projects that are not subject to the City’s Quimby Act park land dedication or in‐lieu fee requirements. New residents in residential developments and new employees will place an additional demand on park and recreational facilities. The park land acquired with the proceeds of the fee will address and Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 25 mitigate the additional impacts and demands created by these residential and commercial development projects. 4. Determine the relationship between the need for the community facility and the type of development project on which the fee is imposed. The fee will be applied to residential development projects and commercial development projects, which generate new residents and new employees in the community. The park land will serve the needs of new residents in residential development projects and new employees in commercial development projects. 5. Determine the relationship between the amount of the fee and the cost of the community facility or portion of the community facility attributable to the development on which the fee is imposed. The fee has been calculated by apportioning the cost of park land acquisition to the number of residents generated by each type of new residential unit and the number of employees per one‐thousand square feet in commercial development projects. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 26 IV. PARK CONSTRUCTION FEE ______________________________________________________________________________ City of South San Francisco park goals include the development of three acres of parks for each one‐thousand future residents and 0.5 acres of parks for each one‐thousand new employees. While the Quimby Act In‐lieu Fee and the Mitigation Fee Act Park Land Acquisition Fee will provide funds for the acquisition of park land, the proposed Park Construction Fee discussed in this Chapter would provide funds for the construction of park facilities and improvements on the land acquired with the proceeds from the other fees. This Chapter provides the analysis and findings required by the Mitigation Fee Act to establish a fee for the construction of park facilities and improvements on acquired park land. CALCULATION OF THE PARK ACREAGE TO BE IMPROVED PER RESIDENTIAL UNIT The acreage to be improved with park facilities to serve residential development is the same acreage as established for park land acquisition: three acres per one‐thousand future residents. Table IV‐1, using the same factors as in Table II‐2, calculates the amount of acreage to be improved (park acreage construction) for the benefit of residential units by multiplying the park acres per resident by the residents per unit. Table IV‐1: Park Acres to be Improved per Residential Unit Units in Structure Acres per Resident Residents per Unit Park Acres to be Improved per Residential Unit 1 (single‐family residential unit) 0.003 3.45 0.01035 2 to 4 (duplex to four‐plex) 0.003 2.98 0.00894 5 to 19 0.003 2.53 0.00759 20 to 49 0.003 2.04 0.00612 50 or more 0.003 1.78 0.00534 Mobile home 0.003 2.65 0.00795 Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Municipal Resource Group LLC CALCULATION OF THE FEE PER RESIDENTIAL UNIT The Park Construction Fee is based on the amount of land required to be improved (Table IV‐1) and the cost of constructing park facilities and improvements. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 27 The General Plan and Parks + Recreation Master Plan include a policy to maintain a three acre standard of community and neighborhood parks per one‐thousand residents and one‐half acre per one‐thousand employees, and describes the facilities that should be included in community and neighborhood parks. While individual park construction projects will differ in the type of park facilities and construction costs, a representative per acre construction cost estimate has been prepared by Group 4 Architecture, Research + Planning, Inc., for the purpose of calculating the Park Construction Fee. Attachment 2 identifies the representative park facilities and improvements and the cost per acre. The average construction (hard) cost per acre is $785,000. Soft costs, such as design, construction management and permitting costs, are estimated at 20% to 30% of hard construction costs. This Report assumes a mid‐point of 25% for soft costs. Accordingly, hard construction costs and soft costs are estimated at $981,250 per acre. Table IV‐2 calculates the Park Construction Fee per residential unit by multiplying the required acres per unit (from Table IV‐1) by the $981,250 park construction cost per acre. Table IV‐2: Park Construction Fee per Residential Unit Units in Structure Park Acres per Unit Construction Cost per Acre Fee per Unit 1 (single‐family residential unit) 0.01035 $981,250 $10,156 2 to 4 (duplex to four‐plex) 0.00894 $981,250 $ 8,772 5 to 19 0.00759 $981,250 $ 7,448 20 to 49 0.00612 $981,250 $ 6,005 50 or more 0.00534 $981,250 $ 5,240 Mobile home 0.00795 $981,250 $ 7,801 Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Group 4 Architecture, Research + Planning Inc.; Municipal Resource Group LLC The City may adopt Park Construction Fees under the Mitigation Fee Act for residential development projects that are equal to, or below the amounts identified in Table IV‐2. The City will incur costs to administer the fee program and to prepare the compliance analyses and reports required by the Mitigation Fee Act. The compliance requirements are identified in Chapter VII of this Report. The City may add an Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 28 administration cost factor to cover the cost of administering the programs and the cost of compliance with statutory requirements. CALCULATION OF THE PARK ACREAGE TO BE IMPROVED FOR COMMERCIAL DEVELOPMENT PROJECTS The South San Francisco General Plan establishes a standard of 0.5 acres per one‐ thousand new employees in the City. The East of 101 Area Plan reaffirms this goal and standard for that particular commercial area. Fees on commercial projects are typically applied per one‐thousand square feet of building space. The number of employees per one‐thousand square feet of building space varies among commercial uses. The South San Francisco General Plan provides the data for the number of employees per one‐thousand square feet of building space, as cited in Table IV‐3, below. Table IV‐3 calculates the park land acreage required to be improved per one‐ thousand square feet of new commercial building space by multiplying the employees per one‐thousand square feet by the acreage required per employee (0.5 acres per one‐ thousand employees is equal to .0005 acres per employee). Table IV‐3: Park Acres to be Improved per One‐thousand Square Feet of Commercial Space Classification Employees per 1,000 Square Feet Park Acres Required per Employee Acres to be Improved per 1,000 Square Feet Commercial/Retail 2.50 .0005 acres .00125 acres Hotel/Visitor 2.38 .0005 acres .00119 acres Office/R&D 2.22 .0005 acres .00111 acres Industrial 1.05 .0005 acres .00052 acres Source: City of South San Francisco General Plan Land Use Element, page 55; Park + Recreation Master Plan; Municipal Resource Group LLC CALCULATION OF THE COMMERCIAL FEE The park construction fee is based on the amount of land required to be improved (Table IV‐3) and the cost of constructing park facilities and improvements. As discussed above, hard construction costs and soft costs are estimated at $981,250 per acre. Table IV‐4 calculates the fee per one‐thousand square feet of commercial space by multiplying the required acres per unit (from Table IV‐3) by the $981,250 construction cost per acre. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 29 Table IV‐4: Park Construction Fee per One‐thousand Square Feet of Commercial Space Classification Park Acres per 1,000 Square Feet Construction Cost per Acre Fee per 1,000 Square Feet Commercial/Retail .00125 acres $981,250 $1,227 Hotel/Visitor .00119 acres $981,250 $1,168 Office/R&D .00111 acres $981,250 $1,090 Industrial .00052 acres $981,250 $ 514 Source: City of South San Francisco General Plan Land Use Element, page 55; Park + Recreation Master Plan; Architecture, Research + Planning Inc.; Municipal Resource Group LLC The City may adopt Park Construction Fees under the Mitigation Fee Act for commercial development projects that are equal to, or below the amounts identified in Table IV‐4. AB 1600 NEXUS The Mitigation Fee Act (AB 1600) requires a local agency considering an action establishing, increasing or imposing a fee to address the following procedural requirements. 1. Identify the purpose of the fee. The purpose of the Park Construction Fee is to provide funding to achieve the City’s goal of maintaining park service levels and to provide adequate recreational services for South San Francisco residents and employees, as established in the General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan. 2. Identify the use to which the fee is to be put. The proceeds from the fees will be used to construct park facilities and improvements on three acres of park land per one‐thousand future residents and 0.5 acres per one‐thousand new employees, as identified in the City’s General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan. 3. Determine the relationship between the fee's use and the type of development project on which the fee is imposed. The fee will be applied to residential development projects and commercial development projects. New residents in residential developments and new employees will place an additional demand on park and recreational facilities. The Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 30 park facilities and improvements constructed with the proceeds of the fee will address and mitigate the additional impacts and demands created by these residential and commercial development projects. 4. Determine the relationship between the need for the community facility and the type of development project on which the fee is imposed. The fee will be applied to residential development projects and commercial development projects, which generate new residents and employees in the community. The park facilities and improvements will serve the needs of new residents in residential development projects and new employees in commercial development projects. 5. Determine the relationship between the amount of the fee and the cost of the community facility or portion of the community facility attributable to the development on which the fee is imposed. The fee has been calculated by apportioning the cost of constructing park facilities and improvements to the number of residents generated by each type of new residential unit and the number of employees per one‐thousand square feet in commercial development projects. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 31 V. PARK ACQUISITION AND PARK CONSTRUCTION FEES SUMMARY ______________________________________________________________________________ Table V‐1 presents the proposed Park Land Acquisition Fees (Quimby Act and Mitigation Fee Act) and the Park Construction Fees for residential units. The City may adopt fees equal to, or below the amounts identified in Table V‐1. Table V‐1: Total Park Fees per Residential Unit Units in Structure Park Land Acquisition Fee Park Construction Fee Total Park Fees 1 (single‐family residential unit) $31,050 $10,156 $41,206 2 to 4 (duplex to four‐plex) $26,820 $ 8,772 $35,592 5 to 19 $22,770 $ 7,448 $30,218 20 to 49 $18,360 $ 6,005 $24,365 50 or more $16,020 $ 5,240 $21,260 Mobile home $23, 850 $ 7,801 $31,651 Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; Dana Property Analysis; Group 4 Architecture + Planning Inc.; Municipal Resource Group LLC Table V‐2 presents the proposed Park Land Acquisition Fees and the Park Construction Fees for commercial developments. The City may adopt fees equal to, or below the amounts identified in Table V‐2. Table V‐2: Total Park Fees per One‐thousand Square Feet of Commercial Space Classification Park Land Acquisition Fee Park Construction Fee Total Park Fees Commercial/Retail $3,750 $1,227 $4,977 Hotel/Visitor $3,571 $1,168 $4,739 Office/R&D $3,333 $1,090 $4,423 Industrial $1,571 $ 514 $2,085 Source: City of South San Francisco General Plan and Parks + Recreation Master Plan; United States Census Bureau, 2014 American Fact Finder, Table 25124; Dana Property Analysis; Group 4 Architecture + Planning Inc.; Municipal Resource Group LLC Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 32 VI. ANNUAL FEE ADJUSTMENT ______________________________________________________________________________ One of the challenges in administering a mitigation fee program is that the cost of land and the cost of construction may continue to change over time, while the fees remain static, unless reviewed annually by the public agency. Many public agencies address this by including an annual fee adjustment in the resolution adopting the fees. LAND VALUE ADJUSTMENT Several different methods can be used to adjust park land values and park land acquisition fees. Some agencies conduct an annual market valuation of land and apply the percentage change in land costs to the fees. Others conduct an Assessor's Office records research for recent land sales, as compared to prior year land sales. Still others use publicized indices, such as a consumer price index or the Data Quick Information Systems’ change in median purchase prices. This Report recommends the use of the U.S. Bureau of Labor Statistics Consumer Price Index, All Urban Consumers, San Francisco‐Oakland‐San Jose (AUC‐CPI) for an annual adjustment. It is recommended that the Quimby Act In‐lieu Fees and the Mitigation Fee Act Park Land Acquisition Fees be adjusted annually by the AUC‐CPI It is also recommended that a market valuation of land be prepared every five years to validate and adjust the Quimby Act In‐Lieu Fees and the Mitigation Fee Act Park Land Acquisition Fees. CONSTRUCTION COST ADJUSTMENT Several different methods can be used to adjust construction costs and Park Construction Fees. This Report recommends that the fees be adjusted by the Engineering News Record ‐ Construction Cost Index (ENR‐CCI) on an annual basis. The ENR‐CCI is a twenty‐city average of construction labor and materials costs. The ENR‐CCI is similar to a consumer price index, but one that is designed to reflect changing construction costs. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 33 VII. COMPLIANCE REQUIREMENTS ______________________________________________________________________________ The City of South San Francisco may add a factor to the fees to cover the cost of compliance with applicable statutes. The compliance requirements are summarized in this Chapter. THE MITIGATION FEE ACT The Mitigation Fee Act imposes certain administrative requirements on local agencies. Pursuant to Government Code Section 66005(a) of the Act, a City is authorized to recover the full cost of providing services that are funded by the mitigation fees. This includes recovery of administrative fees incurred in compliance with the Act. The procedural and administrative requirements include the following: 1. Analysis required to enact or modify a fee: In any action establishing, increasing, or imposing a fee as a condition of approval of a development project, the City shall cause a report to be prepared and make findings as follows:  Identify the purpose of the fee.  Identify the use to which the fee is to be put.  Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed.  Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.  Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. 2. Notice and conduct a public hearing: Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee, the City shall hold a public hearing, at which time oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published. Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 34 3. Accounting requirements The City shall deposit the fees in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the City, and expend those fees solely for the purpose for which the fee is collected. Any interest income earned by money in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected. 4. Annual reporting requirements; public hearing For each separate account or fund established, the City shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:  A brief description of the type of fee in the account or fund.  The amount of the fee.  The beginning and ending balance of the account or fund, the amount of the fees collected and the interest earned.  An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.  An identification of an approximate date by which the construction of the public improvement will commence if it is determined that sufficient funds have been collected to complete financing on an incomplete public improvement.  A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.  The amount of refunds made. The City shall review this information at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public. Notice of the time and place of the meeting, including the address where this information may be Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 35 reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. 5. Five year reporting requirements; public hearing For the fifth fiscal year following the first receipt of fees, and every five years thereafter, the City shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:  Identify the purpose to which the fee is to be put.  Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.  Identify all sources and amounts of funding anticipated to complete financing for incomplete improvements.  Designate the approximate dates on which the funding referred to above is expected to be deposited into the appropriate account or fund.  For purposes of these findings, the City shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published. CAPITAL IMPROVEMENT PLANNING The Mitigation Fee Act provides that the City may adopt a capital improvement plan to identify the location, size, time of availability, and estimates of cost for all facilities or improvements to be financed with the fees. The capital improvement plan shall be adopted by, and shall be annually updated by a resolution of the City Council adopted at a noticed public hearing. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published. In addition, mailed notice shall be given to any city or county which may be significantly affected by the capital improvement plan. THE QUIMBY ACT In addition to the analysis, notice, hearing, accounting and reporting requirements of the Mitigation Fee Act, the Quimby Act (as codified in the California Government Code, beginning with Section 66477) adds additional requirements that must be addressed by the City. The City must adopt an ordinance meeting the following requirements: Quimby Act and Mitigation Fee Act Report March 2016 Park Land Acquisition and Park Construction Fees 36  The ordinance must be in effect for 30 days prior to the filing of a tentative map for a subdivision subject to the dedication or in‐lieu fee requirement.  The ordinance must include definite standards for determining the proportion of a subdivision to be dedicated and the amount of the in‐lieu fee. The amount of land to be dedicated and the fee must be based upon the density of each residential type.  The park area per one‐thousand residents must be derived from the ratio that the existing amount of park area bears to the existing population. A minimum ratio of three acres per one‐thousand residents is permitted where the existing ratio is less than three acres per one‐thousand residents. The City must also assure that the following conditions are met:  The dedicated land, and the fees, may only be used for developing new parks or rehabilitating existing parks.  The City must have an adopted general plan or specific plan containing policies and standards, and the park and recreational facilities must be in accordance with definite principles and standards.  The amount and location of land to be dedicated and the fees to be paid must bear a reasonable relationship to the use of the park and recreational facilities for the future inhabitants of the subdivision.  A schedule must be developed specifying how, when, and where the City will use the land or fees to develop park and recreational facilities.  Fees collected must be committed within five years of payment, or the issuance of one‐half of the lots created by the subdivision, whichever occurs later.  If the fees are not committed within the applicable time frames, they must be distributed to the then owners of record. g:\15463-01 ssf park fees update\m-memos\m21 clt\m002-3 costs 18.docx MEMORANDUM GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC 211 LINDEN AVENUE SO. SAN FRANCISCO CA 94080 USA T:6508710709 F:6508717911 www.g4arch.com JONATHAN HARTMAN ARCHITECT DAWN E. MERKES ARCHITECT DAVID SCHNEE ARCHITECT JILL EYRES ARCHITECT ANDREA GIFFORD ARCHITECT WILLIAM LIM ARCHITECT 2 October 2015 Tom Sinclair MUNICIPAL RESOURCE GROUP 675 Hartz Avenue, Suite 300 Danville CA 95602 PROJECT SOUTH SAN FRANCISCO PARK DEVELOPMENT IMPACT FEES UPDATE SENT VIA E-Mail: TOPIC PARK CONSTRUCTION BUDGETS This memorandum describes the methodology and recommendation for capital budgeting for future park construction as part of Municipal Resource Group’s park development impact fee update study for the City of South San Francisco. RECOMMENDATION We are recommending a budget of approximately $18 per square foot, or approximately $785,000 per acre for park construction. As discussed in more detail below, these numbers are for construction only, and do not include soft costs. METHODOLOGY Scope of Park Construction This study considers only future parks in South San Francisco; operations and maintenance costs for current and future parks are ineligible. The City’s 2015 Parks + Recreation Master Plan identified specific future park needs. Of these proposed projects, the only one with any level of documented planning is the proposed expansion of Orange Memorial Park, which is described in the 2007 Orange Memorial Park Master Plan Update. To date, no formal planning has been done for the other projects proposed in the City’s 2015 Parks + Recreation Master Plan. On July 31, 2015, I met with Sharon Ranals and Samantha Haimovitch of the City’s Parks and Recreation Department to review potential development strategies for future parks. The purpose was not to develop a specific construction scope for each park, but to discuss the types of activities that these parks should support and the associated amenities that would be needed to support those activities. Based on this discussion, the following projects were selected as generally representative of the level/intensity of development that South San Francisco anticipates for future parks. These parks and their general scope of amenities/ improvements served as the foundation of the construction budget for future parks. 2 October 2015 Tom Sinclair Memorandum Page 2 Sample Parks Used for Cost Model Park Type Acres 1. Orange Memorial Park Expansion community park 7.6 2. El Camino Real/Chestnut Avenue Park community park 9.1 3. Downtown Park neighborhood park 2.0 4. East of 101 Park neighborhood park 2.0 5. Sunshine Gardens Elementary playlot (on SSFUSD property) 0.5 6. Linden & Armour Park mini park 0.3 7. Miller Avenue Playlot playlot/mini park 0.4 8. Railroad Avenue Linear Park linear park 7.5 9. Lindenville Linear Park linear park 1.6 10. PG&E Corridor Park linear park 4.0 11. SFPUC/Elkwood Linear Park linear park 0.4 Total Acres Used in Analysis 35.4 Park Construction Cost Model Costs for park construction were generally developed on a per-unit basis. Reference materials included City-provided data on recent park construction projects (such as the 2014-2015 improvements at Buri Buri Park, Clay Avenue Playground, Francisco Terrace Playlot, and Winston Manor #1 Park); anticipated construction costs for development of Brentwood Park (currently in design); and the anticipated costs for projects identified in the 2015 South San Francisco Parks Deferred Maintenance Assessment. These unit costs were adjusted as needed to include contractor overhead and profit and for escalation to 2015 as appropriate. For perspective, we also connected with some of the landscape consultants with whom we work regularly to review the trends they’re seeing in park construction costs in the Bay Area and Northern California. The amenities planned for selected future parks were quantified and totaled, and the unit costs were applied to each, as follows: Amenity Quantity Cost/ Cost Range Extended Cost Diamond fields 2 fields $275,000/each $550,000 Soccer/rectangular fields (including lights) 2 fields $310,000/each $620,000 Basketball/hard courts 1 court $55,000/each $55,000 BBQ area 3 areas $80,000/each $240,000 Play equipment (including base/footing, etc.) 8 structures $350,000/each $2,100,000 Small park building (e.g., restroom, concessions) 5 buildings $200,000/each $1,000,000 Site demolition/preparation ~950,000 SF $4-$5/SF $3,990,000 Site equipment – benches, water fountains, etc. ~950,000 SF $0.5-$1/SF $670,000 Hardscape – parking, walkways, plazas, etc. ~110,000 SF $10-$25/SF $1,590,000 Landscaping (including irrigation, drainage, etc.) ~550,000 SF $4-10/SF $2,120,000 Linear park (inclusive of all developments) ~590,000 SF $15/SF $8,850,000 Subtotal $21,400,000 Design contingency* 15% $3,210,000 Construction contingency** 10% $2,140,000 Construction Budget for 11 sample parks ~$16/SF $26,750,000 * design contingency to allow for development of the program and design at individual future parks ** construction contingency to accommodate unforeseen issues/changes during construction 2 October 2015 Tom Sinclair Memorandum Page 3 The budget model also includes an allowance of $4.5 million for improvements at the Terra Bay, Sign Hill, and Skyline open space amenities proposed in the 2015 Parks + Recreation Master Plan, which represents approximately $2 per square foot in addition to the per-square-foot construction budget for parks. Together, the total amount represents an estimate of what these future parks and open space projects would cost to build today. Dividing the total construction cost by the combined total park development area resulted in the recommended construction cost per square foot and per acre. DISCUSSION These estimates are for construction only. They include allowances for general conditions, contractor overhead and profit, and design and construction contingencies. They do not include design fees or other soft costs (which could be budgeted at 20%-30% of construction), escalation beyond 2015, land acquisition, surveying, geotechnical services, hazardous materials abatement, project management services, construction management services, etc. The absence of detailed scope for most of the proposed future park projects is a factor in this methodology. In some cases, land for the proposed future parks has not yet been identified or acquired. The contingencies we have built into this cost model should accommodate minor variations in project size and development scope as the City moves forward with individual projects. Please do not hesitate to contact us to discuss our methodology. Jill Eyres Associate JE/s CITY OF SOUTH SAN FRANCISCO PARK CONSTRUCTION FEE AND PARKLAND ACQUISITION FEE SUPPLEMENTAL REPORT MANAGEMENT ADVISORY SERVICES JUNE 2019 EXHIBIT B CITY OF SOUTH SAN FRANCISCO PARK CONSTRUCTION FEE AND PARKLAND ACQUISITION FEE SUPPLEMENTAL REPORT Table of Contents EXECUTIVE SUMMARY ......................................................................................................................................... .1 I. INTRODUCTION AND BACKGROUND INFORMATION AND PURPOSE .................................... 5 II. PARK CONSTRUCTION REFURBISH PROJECTS................................................................................. 8 III. UPDATED PARK CONSTRUCTION COSTS AND FEE ..................................................................... 11 IV. PROPOSED PARK FEES ............................................................................................................................. 15 ATTACHMENT 1: PARK CONSTRUCTION PROJECT DESCRIPTIONS CITY OF SOUTH SAN FRANCISCO PARK CONSTRUCTION FEE AND PARKLAND ACQUISITION FEE SUPPLEMENTAL REPORT JUNE 2019 EXECUTIVE SUMMARY The City of South San Francisco (“City) has established goals of three acres of community and neighborhood parkland and park facilities per one-thousand residents and one-half acre of parks per one-thousand employees. City policy is for new development projects to contribute proportionately toward these goals. The City adopted ordinances in 2016, 2017 and 2018 amending the South San Francisco Municipal Code (SSFMC) and adopting a Parkland Acquisition Fee and a Park Construction Fee to provide funding to achieve the City’s parkland and park facility goals. This Supplemental Report has been prepared by Management Advisory Services (MAS) to assist the City in achieving three additional objectives: (i) Confirm that Park Construction Fees may be used to refurbish and expand park facilities on existing City-owned parkland City park and recreation facilities are reaching capacity. Refurbishing and expanding certain existing park facilities is a cost effective and efficient way to serve future residents and employees, and to maintain existing levels of service. This Supplemental Report identifies the types of facilities the City may refurbish. Expanded playgrounds, improvements to sports fields and sports courts, building passive park facilities, installing lighting, paths, grading, drainage and irrigation, and implementing other similar refurbish project improvements will address and mitigate the additional impacts and demands created by future residential and non-residential development projects. Chapter II of this Supplemental Report describes the refurbish projects and provides the basis and proposed findings to confirm that Park Construction Fees may be used to fund refurbish projects. (ii) Update the estimate of the average park construction cost per acre The SSFMC permits the City to periodically obtain an updated estimate of park construction costs to adjust the Park Construction Fee. The City adjusted the Park Construction Fee in 2018 by a 3.94% inflation escalator, as permitted in the SSFMC. However, the City has not previously obtained a new estimate of the average construction cost per acre since the initial Park Construction Fee ordinance and resolution were adopted in 2016. The previously established park construction and soft cost estimate for purposes of calculating a maximum Park Construction Fee was $1,019,911 per acre. The City has now obtained a new estimate of the average construction cost per acre and intends to modify the Park Construction Fee to reflect current construction costs. The 2019 average construction and soft cost is estimated at $2,526,395 per acre. This cost is higher than the 2016 costs primarily due to the type of park improvements and facilities that the City now expects to construct, and in part due to generally increasing park construction costs. The Park Construction Fee is based on the acres required to serve residents and employees, the average number of residents in residential units, the average number of employees in non-residential projects, and the average construction cost per acre. The Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 2 maximum Park Construction Fee based on 2019 park construction costs is presented in Table ES-1 and Table ES-2. Table ES-1: Maximum Park Construction Fee per Residential Unit Units in Structure Fee per Unit 1 (single-family residential unit) $26,148 2 to 4 (duplex to four-plex) $22,586 5 to 19 $19,175 20 to 49 $15,462 50 or more $13,491 Mobile home $20,085 Source: City of South San Francisco; MAS Table ES-2: Maximum Park Construction Fee per Non-Residential 1,000 Square Feet Classification Fee per 1,000 Square Feet Commercial/Retail $3,158 Hotel/Visitor $3,006 Office/R&D $2,804 Industrial $1,326 Source: City of South San Francisco: MAS The City may adopt a Park Construction Fee under authority of the Mitigation Fee Act for future development projects that is equal to or below the amounts identified in Table ES-1 and Table ES-2. Chapter III of this Supplemental Report further describes the methodology establishing the maximum Park Construction Fee that the City may levy using the updated park construction costs. (iii)Restructure the existing park fee reduction factors to increase the Park Construction Fee to fund refurbish projects, and reduce the Parkland Acquisition Fee commensurately, while not increasing the total amount of park fees This Supplemental Report calculates by how much the Park Construction Fee may be increased to provide additional funding to refurbish and expand existing facilities, and by how much the Parkland Acquisition Fee would need to be reduced to offset that increase, with the ultimate goal being no net increase in total park fees levied on future development projects. After adoption of the Parkland Acquisition Fee and the Park Construction Fee for residential development projects in 2016, the City reduced (“discounted”) the maximum fees by a factor of 0.30. Current fees per residential unit are presented in Table ES-3. Table ES-3: Current Reduced Park Fees per Residential Unit Residential Units in Structure Park Construction Fee Parkland Acquisition Fee Total Current Park Fees Discount Factor .30 .30 1 (single-family residential unit) $7,389 $21,735 $29,124 2 to 4 (duplex to four-plex) $6,383 $18,744 $25,157 5 to 19 $5,419 $15,939 $21,358 20 to 49 $4,369 $12,852 $17,221 50 or more $3,812 $11,214 $15,026 Mobile home $5,676 $16,695 $22,371 Source: City of South San Francisco Note: Rounding may result in minor differences in this table and others in the Supplemental Report. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 3 In adopting the Parkland Acquisition Fee and the Park Construction Fee for non- residential development projects in 2017, the City reduced the maximum fees by a factor of 0.75. Current fees for non-residential development projects per one-thousand square feet are presented in Table ES-4. Table ES-4: Current Reduced Park Fees per Non-Residential 1,000 Square Feet Non-Residential Land Use Type Park Construction Fee Parkland Acquisition Fee Total Current Park Fees Discount Factor .75 .75 Commercial/Retail $319 $938 $1,257 Hotel/Visitor $303 $893 $1,196 Office/R&D $283 $833 $1,116 Industrial $134 $394 $ 528 Source: City of South San Francisco Proposed Fees Removing the .30 discount factor entirely for the Park Construction Fee for residential development projects would allow that fee to be at its maximum level. The Parkland Acquisition Fee for residential development projects would need to be changed from the current discount factor of .30 to a discount factor of .904 to offset the increase, in order to maintain the current total park fees. The total proposed park fees per residential unit would be as presented in Table ES-5. The total proposed park fees per residential unit would be the same as the current total park fees in Table ES-3. Table ES-5: Proposed Park Fees per Residential Unit Residential Units in Structure Park Construction Fee Parkland Acquisition Fee Total Park Fees Discount Factor None .904 1 (single-family residential unit) $26,148 $2,976 $29,124 2 to 4 (duplex to four-plex) $22,586 $2,571 $25,157 5 to 19 $19,175 $2,183 $21,358 20 to 49 $15,462 $1,759 $17,221 50 or more $13,491 $1,535 $15,026 Mobile home $20,085 $2,286 $22,371 Source: MAS The calculation of the proposed fees for non-residential development projects is somewhat different than the calculation of the proposed fees for residential development projects because the proposed maximum Park Construction Fee for non-residential development projects is higher than the sum of the current Park Construction Fee and Parkland Acquisition Fee for non-residential development projects. The maximum proposed Park Construction Fee would need to be reduced by a factor of .602 to achieve a fee that does not exceed the sum of both current fees. The Parkland Acquisition Fee would need to be changed from its current discount factor of .75 to a discount factor of 1.0 to offset the increase in the Park Construction Fee (i.e. the City would discount 100% of the Parkland Acquisition Fee for non-residential development projects). The proposed fees per one-thousand square feet of non-residential development projects would be as presented in Table ES-6. The total proposed park fees per one- thousand square feet would be the same as the current total park fees in Table ES-4. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 4 Table ES-6: Proposed Park Fees per Non-Residential 1,000 Square Feet Non-Residential Land Use Type Park Construction Fee Parkland Acquisition Fee Total Park Fees Discount Factor .602 1 (or 100%) Commercial/Retail $1,257 $ 0 $1,257 Hotel/Visitor $1,196 $ 0 $1,196 Office/R&D $1,116 $ 0 $1,116 Industrial $ 528 $ 0 $ 528 Source: MAS Park Fee Revenue Estimate The City has conducted an analysis to estimate the current Parkland Acquisition Fee and Park Construction Fee revenue that will be received through fiscal year 2023-24, based on the expected future residential and non-residential development and the existing fee levels. The City estimated that Park Construction Fee revenue may total approximately $5.3 million and Parkland Acquisition Fee revenue may total approximately $18.3 million (including Quimby Act In-lieu Fees). Under the proposed fee structure, the estimated Park Construction Fee revenue may total approximately $16.6 million and Parkland Acquisition Fee revenue may total approximately $7.0 million (including Quimby Act In-lieu Fees). This would be an increase of $11.3 million in Park Construction Fee revenue (and a commensurate decrease in Parkland Acquisition Fee revenue). Table ES-7 summarizes the current reduction factors, proposed reduction factors and estimated fee revenue through fiscal year 2023-24. Table ES-7: Summary of Current and Proposed Reduction Factors, and Estimated Fee Revenue Residential Development Non-Residential Development Estimated Fee Revenue Through FY 2023-24 (millions) Park Construction Fee Discount Factor Parkland Acquisition Fee Discount Factor Park Construction Fee Discount Factor Parkland Acquisition Fee Discount Factor Park Construction Acquisition Fee Parkland Acquisition Fee Current .30 .30 .75 .75 $ 5.3 $18.3 Proposed None .904 .602 1.0 (100%) $16.6 $ 7.0 Source: City of South San Francisco; MAS The City has estimated the cost to refurbish and expand certain facilities in eleven existing parks. The total cost, at a “planning level” exceeds sixty-five million dollars. While Park Construction Fee revenue alone will not nearly be sufficient to fund all of the refurbish projects, the fees will provide partial funding to offset the impact of new development, to serve new residents and employees, and to maintain existing levels of service. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 5 I. INTRODUCTION, BACKGROUND INFORMATION AND PURPOSE ______________________________________________________________________________ Introduction and Background Information The City of South San Francisco (“City) General Plan, Parks + Recreation Master Plan and East of 101 Area Plan establish goals of three acres of community and neighborhood park facilities per one-thousand residents and one-half acre of parks per one-thousand employees. City policy is for new development projects to contribute proportionately toward these goals. The City adopted ordinances in 2016, 2017 and 2018 amending the South San Francisco Municipal Code (SSFMC) to provide funding to achieve the City’s parkland and park facility goals. Parkland dedication requirements and in-lieu fees for qualifying residential subdivision development projects were established under authority of the Quimby Act (Government Code section 66477 et seq.). A Parkland Acquisition Fee for non- Quimby Act residential and non-residential (commercial) development projects was established under authority of the Mitigation Fee Act (Government Code section 66000 et seq.). A Park Construction Fee for all development projects were also established under authority of the Mitigation Fee Act. The Quimby Act In-Lieu Fee and the Parkland Acquisition Fee provide funding to purchase land suitable for park purposes. The Park Construction Fee provides funding to build park facilities and physical improvements. The adopted land dedication and fee requirements were based in part on a report prepared by Municipal Resource Group LLC (MRG) (March 2016) which recommended the framework for the land dedications and fee requirements to offset the impact of future development projects. The MRG report summarized the procedural requirements and proposed findings required to adopt the fees. Purpose of the Supplemental Report This Supplemental Report has been prepared by Management Advisory Services (MAS) to assist the City in achieving three additional objectives: (i) Confirm that the Park Construction Fee may be used to refurbish and expand park facilities on existing City-owned parkland The Mitigation Fee Act permits local agencies to establish and collect a fee as a condition of approval of a development project for the purpose of defraying the cost of public facilities required to serve the development project. The Mitigation Fee Act states “(a) fee shall not include the costs attributable to existing deficiencies in public facilities but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan.” (italics added) (Government Code section 66001(g)). The 2016 MRG report focused primarily on the need to acquire new parkland and construct new facilities to serve residents and employees generated by future development projects. The City has recognized that existing City park and recreation facilities are reaching capacity and the City finds that in addition to acquiring new land and constructing new facilities, refurbishing and expanding certain existing park facilities is a cost effective Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 6 and efficient way to serve future residents and employees and to maintain existing levels of service. Consequently, the City commissioned this Supplemental Report in order to outline the appropriate way to use the Park Construction Fee for the refurbishment and expansion of existing facilities to serve new residents and employees and to maintain existing levels of service. This Supplemental Report expands upon but does not alter the analysis and conclusions of the 2016 MRG report and findings that the Parkland Acquisition Fee and the Quimby Act In-Lieu Fee may be used for acquisition of new parkland and the Park Construction Fee may be used to construct new facilities on new parkland. This Supplemental Report identifies the types of facilities the City may refurbish and expand to serve new residents and employees and to maintain existing levels of service, and supports the City’s objective to confirm and codify the intent to use the Park Construction Fee for this purpose by following the Mitigation Fee Act procedural requirements. This Supplemental Report proposes findings required by the Mitigation Fee Act, including the following: 1. Identify the purpose of the fee. 2. Identify the use to which the fee is to be put. 3. Determine how there is a reasonable relationship between the fee's use and the type of development project upon which the fee is imposed. 4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project upon which the fee is imposed. 5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development upon which the fee is imposed. Chapter II of this Supplemental Report addresses this objective. (ii) Update the estimate of the average park construction cost per acre The SSFMC permits the City to periodically obtain an updated estimate of park construction costs to adjust the Park Construction Fee. The City increased the Park Construction Fee in 2018 by a 3.94% inflationary increase in park construction costs as reflected in the Engineering News Record Construction Cost Index and as permitted in the SSFMC. However, the City has not previously obtained a new estimate of the average construction cost per acre since the initial Park Construction Fee ordinance and resolution were adopted in 2016. The City has now obtained a new estimate of the average construction cost per acre and intends to modify the Park Construction Fee to reflect current construction costs. Chapter III of this Supplemental Report addresses this objective. (iii)Restructure the existing park fee reduction factors to increase Park Construction Fee to fund refurbish projects, and reduce the Parkland Acquisition Fee commensurately, while not increasing the total amount of park fees The 2016 MRG report identified the maximum Parkland Acquisition Fee and Park Construction Fee that could be levied on development projects. The SSFMC currently includes reduction (“discount”) factors that set fees below the maximum fees. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 7 This Supplemental Report calculates by how much the Park Construction Fee may be increased to provide additional funding to refurbish and expand existing facilities, and by how much the Parkland Acquisition Fee would need to be reduced to offset that increase, with the ultimate goal being no net increase in total park fees levied on residential and non- residential development projects. Chapter IV of this Supplemental Report addresses this objective. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 8 II. PARK CONSTRUCTION – REFURBISH PROJECTS ______________________________________________________________________________ The Mitigation Fee Act requires that “(a)t the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvements that the fee will be used to finance.” (Government Code section 66006(f)). The City has identified eleven projects to refurbish and expand parks and recreation facilities that if constructed would accommodate new residents and employees and would maintain existing levels of service or would achieve the City’s adopted levels of service established in the General Plan and other City policy documents. Refurbish Projects Table II-1 identifies the refurbish and expansion projects that the Park Construction Fee may be used to finance. Additional projects may also be added to the list over time, which will be identified by the City in a capital improvement plan or other documents, consistent with the requirements of the Mitigation Fee Act. Table II-1: Park Improvement Refurbish Projects Park Park Improvements to Accommodate New Residents and Employees and to Maintain Existing Levels of Service Gardiner Park Expand the playground to accommodate and provide activities for additional age groups of children; replace a basketball court with a multi-sport court to increase the range of activities and use; construct sitting and picnic areas to accommodate additional park activities and multi-generational use of park facilities. Orange Memorial Park Replace the existing baseball and softball fields with more durable fields including potential conversion from natural turf to synthetic turf to accommodate additional hours of programming; add facilities for soccer programming; install lighting to provide more hours of play; expand seating to accommodate additional use of facilities; construct a new path of travel to increase access and use of fields. Sellick Park Construct a new playground to accommodate all age groups; regrade the lawn area to allow soccer practice and informal sports and games; construct a new path of travel to increase access and use of fields. Avalon Park Construct grading, drainage, irrigation and structural improvements to reduce closure time due to rain and routine maintenance, resulting in additional and expanded hours of field use. Buri Buri Park Construct grading, drainage, irrigation and structural improvements to reduce closure time due to rain and routine maintenance, resulting in additional and expanded hours of field use. Hillside Park Construct drainage improvements and replace soccer field turf and irrigation; improve the path of travel; and install redesigned lighting to allow concurrent play and significantly higher overall field use. Southwood Park Construct grading, drainage, irrigation and structural improvements to reduce closure time due to rain and routine maintenance, resulting in additional and expanded hours of field use. Alta Loma Park Construct grading, drainage, irrigation and structural improvements to reduce closure time due to rain and routine maintenance, resulting in additional and expanded hours of field use. Newman and Gibbs Park Expand the playground to accommodate and provide activities for additional age groups of children; construct new sitting and picnic areas to accommodate additional park use and multi-generational use of park. Dundee Park Expand the playground to accommodate and provide activities for additional age groups of children; construct new sitting and picnic areas to accommodate additional park use and multi-generational use of park. Orange Memorial Park Aquatics Construct major expansion of facility to full aquatics center and construct new pool to accommodate expanded programming including water aerobics, swim lessons and water recreational activities use. Source: City of South San Francisco Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 9 The City may continue to use the proceeds of the Park Construction Fee to construct improvements on new parkland acquired by the City, and by way of this Supplemental Report and actions to be taken by the City to codify, the City may also use the proceeds to refurbish and expand existing park facilities to serve new residents and employees and to maintain existing levels of service. The Mitigation Fee Act requires a local agency considering an action establishing, increasing or imposing a fee to address certain procedural requirements, which may also be used in making findings in support of City actions to confirm such uses, as follows: 1.Identify the purpose of the fee. The purpose of the Park Construction Fee is to provide funding to achieve the City’s park service levels and to provide adequate recreational services for South San Francisco residents and employees, as established in the General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan. The Park Construction Fee supports the City’s goal of three acres of community and neighborhood parks per one-thousand future residents and one-half acre of parks per one-thousand new employees. The Association of Bay Area Governments (ABAG) estimated a 2015 South San Francisco population of 66,600 and forecasts a 2035 population of 76,200 (an increase of 14.4%). ABAG estimated a 2015 workforce of 46,340 employees and forecasts a 2025 workforce of 53,380 employees (an increase of 15.2%). These new residents and new employees will place additional demand on park facilities. The City will continue to use the proceeds of the Park Construction Fee to construct new park facilities on new parkland acquired by the City and will also use the proceeds of the Park Construction Fee to refurbish and expand existing park facilities to serve new residents and employees, to maintain the existing level of service for all residents and employees, and to ensure continued levels of service that are consistent with the General Plan. 2.Identify the use to which the fee is to be put. The proceeds from the Park Construction Fee will continue to be used to construct new park facilities on new parkland acquired by the City, and will also be used to refurbish existing park facilities, including expanding playgrounds, constructing improvements to sports fields and sports courts, adding passive park facilities such as picnic and sitting areas, installing night lighting, paths, grading, drainage and irrigation, and implementing other similar refurbish projects that will maintain and further the City’s goals of three acres of parkland per one-thousand future residents and one-half acre per one-thousand new employees, as identified in the City’s General Plan, the Parks + Recreation Master Plan and the East of 101 Area Plan. 3.Determine the relationship between the fee's use and the type of development project on which the fee is imposed. The Park Construction Fee is levied upon residential development projects and non- residential (commercial) development projects. New residents in residential development projects and new employees in non-residential development projects will place additional demands on park and recreational facilities, which are near or at capacity. Expanding playgrounds, improving sports fields and sports courts, building passive park facilities, installing lighting, paths, grading, drainage and irrigation, and implementing other similar refurbish projects will address and mitigate the additional impacts and demands created by future residential and non- residential development projects. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 10 4. Determine the relationship between the need for the community facility and the type of development project on which the fee is imposed. The Park Construction Fee is levied upon residential development projects and non- residential development projects, which generate new residents and employees in the community. The refurbished park facilities will serve the needs of new residents in residential development projects and new employees in non-residential development projects by expanding active and passive park facilities and areas and by enhancing access and adding hours of use for residents and employees. 5. Determine the relationship between the amount of the fee and the cost of the community facility or portion of the community facility attributable to the development on which the fee is imposed. The Park Construction Fee has been updated with 2019 estimated park construction costs specific to the types of park facilities and improvements to be undertaken by the City of South San Francisco. The Park Construction Fees were calculated by apportioning the cost of constructing park facilities and improvements to the number of residents generated by each type of new residential unit and the number of employees generated per one-thousand square feet in each type of non-residential development project. Confirming that Park Construction Fee can be used for refurbish projects does not alter the calculation of the Park Construction Fee and each new development project will be charged a Park Construction Fee commensurate with its impact on all park and recreational facilities. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 11 III. UPDATED AVERAGE PARK CONSTRUCTION COST PER ACRE; UPDATED PARK CONSTRUCTION FEE USING UPDATED AVERAGE PARK CONSTRUCTION COST The Park Construction Fee adopted in 2016 was based on an estimated average construction (hard) cost of $785,000 per acre (Group 4 Architecture Research + Planning Inc., October 2, 2015 Memorandum, Attachment 2 in the March 2016 MRG report) and design, construction management and permitting (soft) costs of $196,250 per acre, for a total park construction cost of $981,250 per acre. The City increased the Park Construction Fee in 2018 by a 3.94% inflationary escalation in park construction costs as reflected by the Engineering News Record Construction Cost Index (ENR-CCI) and as permitted in SSFMC section 8.67.080(i). The previously established park construction cost for purposes of calculating a maximum Park Construction Fee was $1,019,911 per acre. SSFMC section 8.67.080(g) Determining Average Construction Cost per Acre states: “In order to determine the average hard and soft construction costs per acre, the city will obtain an estimate of these costs from a qualified architecture or construction firm. Such estimate setting the average construction cost per acre shall be approved by resolution of the city council. A new estimate may be periodically conducted to reflect changes in the cost of construction; provided, however, that such estimate may not be conducted more than once per year.” The City has not previously obtained a new estimate of the average construction cost per acre since the initial Park Construction Fee ordinance and resolution were adopted in 2016, but did adjust the average construction cost in accordance with the above- referenced 3.94% ENR-CCI escalation. The City now intends to modify the Park Construction Fee to reflect 2019 park construction costs based on a new estimate of the average construction cost per acre. This chapter of the Supplemental Report updates park construction costs and provides the analysis to modify the Park Construction Fee levied upon future residential development projects and non-residential development projects. Updated Average Park Construction Cost per Acre In May 2018 the City received estimates from SSA Landscape Architecture and Verde Design for construction costs for six representative South San Francisco park construction projects. The 2018 cost estimates have been escalated by an Engineering News Record – Construction Cost Index factor of 2.65% from May 2018 to May 2019. Group 4 Architecture Research + Planning Inc. recommended soft costs in the range of 20% to 30% of hard construction costs. Soft costs are assumed in the 2019 park construction cost estimate to be 30% of hard construction costs, due to the higher expected design and construction management costs related to refurbish projects. Table III-1 provides the 2019 construction cost, park project acreage and construction cost per acre. The average construction cost is estimated at $2,526,395 per acre. This construction cost is higher than the 2016 construction costs primarily due to the type of park improvements and facilities that the City now expects to construct, and in part due to generally increasing park construction costs. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 12 Table III-1: Estimated Park Construction Cost per Acre Park Project 2019 Construction Cost Estimate Park Project Acreage Avalon Park Ballfields $ 735,176 0.87 acres Buri Buri Park Ballfields $ 3,069,304 1.26 acres Gardiner Tot Lot $ 1,150,238 0.23 acres Hillside Park Field $ 6,331,539 3.48 acres Orange Memorial Park Ballfield $14,467,928 4.11 acres Sellick Park Playground $ 3,728,842 1.72 acres Total $29,483,027 11.67 acres Average Construction Cost per Acre $ 2,526,395 Source: City of South San Francisco; SSA Landscape Architecture; Verde Design; MAS The City may use this updated park construction cost in setting the average construction cost per acre by resolution to be adopted by the City Council. The six park construction project descriptions and cost estimates are further detailed in Attachment 1 to this Supplemental Report. Calculation of the Maximum Park Construction Fee per Residential Unit The Park Construction Fee for residential development projects is levied on a per residential unit basis, based on the average number of residents who live in a particular type of residential unit. Different types of residential units have different average numbers of residents per unit. The United States Census Bureau publishes annual demographic and population information, known as American FactFinder data. The 2014 American FactFinder data has been used by the City in establishing residents per residential unit. The data is provided per residential unit, based on the number of units in a structure. For all South San Francisco residential units, the average is 3.12 persons per unit. The data indicates that the more units in a structure, the fewer persons live in each unit. Table III-2 provides data for residents per unit. Table III-2: Residents per Residential Unit, City of South San Francisco Units in Structure Residents per Unit 1 (single-family residential unit) 3.45 2 to 4 (duplex to four-plex) 2.98 5 to 19 2.53 20 to 49 2.04 50 or more 1.78 Mobile home 2.65 Average, City of South San Francisco 3.12 Source: United States Census Bureau, 2014 American FactFinder, Table B25124 The City's standard of three acres per one-thousand future residents is equal to .003 acres per resident (three acres divided by one-thousand residents). The parkland improvements required per residential unit are calculated in Table III-3, below, by multiplying .003 acres per resident by the average number of residents in the residential units indicated in Table III-2. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 13 Table III-3: Park Acres to be Improved per Residential Unit Units in Structure Acres per Resident Residents per Unit Park Acres to be Improved per Residential Unit 1 (single-family residential unit) 0.003 3.45 0.01035 2 to 4 (duplex to four-plex) 0.003 2.98 0.00894 5 to 19 0.003 2.53 0.00759 20 to 49 0.003 2.04 0.00612 50 or more 0.003 1.78 0.00534 Mobile home 0.003 2.65 0.00795 Source: City of South San Francisco General Plan and Park + Recreation Master Plan; United States Census Bureau, 2014 American FactFinder, Table B25124; MAS Note: Rounding may result in minor differences in calculations in this table and others in the Supplemental Report The Park Construction Fee is based on the amount of land required to be improved and the cost of constructing park facilities and improvements. Table III-4 calculates the maximum Park Construction Fee per residential unit by multiplying the required acres per unit (from Table III-3) by the $2,526,395 park construction cost per acre (from Table III-1). Table III-4: Maximum Park Construction Fee per Residential Unit Units in Structure Park Acres per Unit Construction Cost per Acre Fee per Unit 1 (single-family residential unit) 0.01035 $2,526,395 $26,148 2 to 4 (duplex to four-plex) 0.00894 $2,526,395 $22,586 5 to 19 0.00759 $2,526,395 $19,175 20 to 49 0.00612 $2,526,395 $15,462 50 or more 0.00534 $2,526,395 $13,491 Mobile home 0.00795 $2,526,395 $20,085 Source: City of South San Francisco; MAS The City may adopt a Park Construction Fee under authority of the Mitigation Fee Act for residential development projects that is equal to, or below the amounts identified in Table III-4. The City will also incur costs to administer the fee program and to prepare the compliance analyses and reports required by the Mitigation Fee Act. The City has imposed an administrative fee by resolution of the City Council to cover the cost of administering the programs and the cost of compliance with statutory requirements. Calculation of the Maximum Park Construction Fee per One-thousand Square Feet of Non-Residential Development Projects The Park Construction Fees is levied on a per one-thousand square foot basis for non-residential development (commercial) projects. Different types of non-residential development projects have different average numbers of employees per one-thousand square feet. The South San Francisco General Plan provides the data for the number of employees per one-thousand square feet of building space, as cited in Table III-5, below. Table III-5 calculates the parkland acreage required to be improved per one- thousand square feet of new non-residential building space by multiplying the number of Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 14 employees per one-thousand square feet by the acreage required per employee (0.5 acres per one-thousand employees is equal to .0005 acres per employee). Table III-5: Park Acres to be Improved per Non-Residential 1,000 Square Feet Classification Employees per 1,000 Square Feet Park Acres Required per Employee Acres to be Improved per 1,000 Square Feet Commercial/Retail 2.50 .0005 acres .00125 acres Hotel/Visitor 2.38 .0005 acres .00119 acres Office/R&D 2.22 .0005 acres .00111 acres Industrial 1.05 .0005 acres .000525 acres Source: City of South San Francisco General Plan Land Use Element, page 55; Park + Recreation Master Plan; MAS The Park Construction Fee for non-residential development projects is based on the amount of land required to be improved and the cost of constructing park facilities and improvements. Table III-6 calculates the maximum Park Construction Fee per one-thousand square feet of non-residential building space by multiplying the required acres to be improved per one-thousand square feet (from Table III-5) by the $2,526,395 construction cost per acre (from Table III-1). Table III-6: Maximum Park Construction Fee per Non-Residential 1,000 Square Feet Classification Park Acres per 1,000 Square Feet Construction Cost per Acre Fee per 1,000 Square Feet Commercial/Retail .00125 acres $2,526,395 $3,158 Hotel/Visitor .00119 acres $2,526,395 $3,006 Office/R&D .00111 acres $2,526,395 $2,804 Industrial .000525 acres $2,526,395 $1,326 Source: City of South San Francisco; MAS The City may adopt a Park Construction Fee under authority of the Mitigation Fee Act for non-residential development projects that is equal to, or below the amounts identified in Table III-6. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 15 IV. CALCULATION OF THE PROPOSED INCREASE IN THE PARK CONSTRUCTION FEE AND REDUCTION OF THE PARKLAND ACQUISITION FEE ______________________________________________________________________________ Refurbish Project Cost Estimates The City has estimated the costs to refurbish and expand facilities in eleven existing parks. The total cost, at a “planning level” exceeds sixty-five million dollars. Table IV-1 provides the cost estimates. A City goal is to increase the Park Construction Fee (and reduce the Parkland Acquisition Fee commensurately) to provide partial funding to refurbish existing park facilities. Table IV-1: Estimated Park Construction Refurbish Project Costs Park Park Refurbish Projects: Planning Budget Gardiner Park $ 1,150,000 Orange Memorial Park $ 14,467,000 Sellick Park $ 3,728,000 Avalon Park $ 735,000 Buri Buri Park $ 3,069,000 Hillside Park $ 6,331,000 Southwood Park $ 720,000 Alta Loma Park $ 3,080,000 Newman and Gibbs Park $ 820,000 Dundee Park $ 800,000 Orange Memorial Park Aquatics $30,800,000 Total $65,700,000 Source: City of South San Francisco; SSA Landscape Architecture; Verde Design Maximum and Current Fees The City adopted the Parkland Acquisition Fee and Park Construction Fee based on the 2016 MRG report. The City subsequently adjusted the Park Construction Fee in 2018 by a 3.94% increase in park construction costs. While the City has reduced (“discounted”) the fees by certain factors, as discussed below, Table IV-2 presents the current maximum fees now allowed (without reduction or discount factors) for residential development projects; Table IV-3 presents the current maximum fees now allowed for non-residential development projects. Table VI-2: Current Maximum Park Fees per Unit for Residential Development Projects Residential Units in Structure Park Construction Fee Parkland Acquisition Fee Total Maximum Park Fees 1 (single-family residential unit) $10,556 $31,050 $41,606 2 to 4 (duplex to four-plex) $ 9,118 $26,820 $35,938 5 to 19 $ 7,741 $22,770 $30,511 20 to 49 $ 6,242 $18,360 $24,602 50 or more $ 5,446 $16,020 $21,466 Mobile home $ 8,108 $23, 850 $31,958 Source: 2016 MRG Report; City of South San Francisco Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 16 Table IV-3: Current Maximum Park Fees per Non-Residential 1,000 Square Feet Non-Residential Land Use Type Park Construction Fee Parkland Acquisition Fee Total Maximum Park Fees Commercial/Retail $1,275 $3,750 $5,025 Hotel/Visitor $1,214 $3,570 $4,784 Office/R&D $1,132 $3,330 $4,462 Industrial $ 535 $1,575 $2,110 Source: 2016 MRG Report; City of South San Francisco After adoption of the Parkland Acquisition Fee and the Park Construction Fee for residential development projects in 2016, the City elected to reduce the maximum fees by a factor of 0.30. Current fees per residential unit are presented in Table IV-4. Table IV-4: Current Reduced Park Fees per Unit for Residential Development Residential Units in Structure Park Construction Fee Parkland Acquisition Fee Total Current Park Fees Discount Factor .30 .30 1 (single-family residential unit) $7,389 $21,735 $29,124 2 to 4 (duplex to four-plex) $6,383 $18,744 $25,157 5 to 19 $5,419 $15,939 $21,358 20 to 49 $4,369 $12,852 $17,221 50 or more $3,812 $11,214 $15,026 Mobile home $5,676 $16,695 $22,371 Source: City of South San Francisco In adopting the Parkland Acquisition Fee and the Park Construction Fee for non- residential development projects in 2017, the City reduced the maximum fees by a factor of 0.75. Current fees for non-residential development projects per one-thousand square feet are presented in Table IV-5. Table IV-5: Current Reduced Park Fees per Non-Residential 1,000 Square Feet Non-Residential Land Use Type Park Construction Fee Parkland Acquisition Fee Total Current Park Fees Discount Factor .75 .75 Commercial/Retail $319 $938 $1,257 Hotel/Visitor $303 $893 $1,196 Office/R&D $283 $833 $1,116 Industrial $134 $394 $ 528 Source: City of South San Francisco Proposed Fees The purpose of this section of the Supplemental Report is to calculate by how much the Park Construction Fee may be increased to provide additional funding to refurbish existing facilities (but not to exceed the maximum fee level) and by how much the Parkland Acquisition Fee would need to be reduced to offset that increase, with the ultimate goal being no net increase in total park fees. Removing the .30 discount factor entirely from the Park Construction Fee for residential development projects would allow that fee to be at its maximum level, as identified in this Supplemental Report. The Parkland Acquisition Fee for residential Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 17 development projects would need to be changed from its current discount factor of .30 to a discount factor of .904 to offset the increase. The resulting total park fees per residential unit would be as presented in Table IV-6. Note that the total proposed park fees per residential unit in Table IV-6 are the same as the current total park fees in Table IV-4. Essentially, this change would result in (1) collection of the Park Construction Fee for residential development projects at the proposed maximum level, (2) collection of the Parkland Acquisition Fee for residential development projects at 9.6% of the maximum fees outlined in the 2016 MRG report, and (3) no change in the total park fees per residential unit. Table IV-6: Proposed Park Fees per Unit for Residential Development Residential Units in Structure Park Construction Fee Parkland Acquisition Fee Total Park Fees Reduction Factor None .904 1 (single-family residential unit) $26,148 $2,976 $29,124 2 to 4 (duplex to four-plex) $22,586 $2,571 $25,157 5 to 19 $19,175 $2,183 $21,358 20 to 49 $15,462 $1,759 $17,221 50 or more $13,491 $1,535 $15,026 Mobile home $20,085 $2,286 $22,371 Source: MAS The calculation of the proposed fees for non-residential development projects is somewhat different than the calculation for residential development projects because the proposed maximum Park Construction Fee for non-residential development projects is higher than the sum of the current Park Construction Fee and Parkland Acquisition Fee for non-residential development projects. This Supplemental Report proposes to set the Park Construction Fee to be equal to the sum of both current fees, which again is lower than the proposed maximum Park Construction Fee. The maximum Park Construction Fee would need to be reduced by a discount factor of .602 to achieve a fee that does not exceed the sum of both current fees. The Parkland Acquisition Fee would need to be changed from its current discount factor of .75 to a discount factor of 1.0 to offset the increase in the Park Construction Fee (i.e. the City would discount 100% of the Parkland Acquisition Fee). The resulting fees per one-thousand square feet of non-residential development projects for both fees would be as presented in Table IV-7. Note that the proposed total park fees per one-thousand square feet in Table IV-7 would be the same as the current total park fees in Table IV-5. Essentially, this change would result in (1) collection of the Park Construction Fee for non-residential development projects at approximately 39.8% of the proposed maximum fee, (2) no collection of the Parkland Acquisition Fee for non- residential development projects, as it would be set at 0% of the maximum fees outlined in the 2016 MRG report, and (3) no change in the total park fees for non-residential development projects. Park Construction Fee and Parkland Acquisition Fee June 2019 Supplemental Report 18 Table IV-7: Proposed Park Fees per Non-Residential 1,000 Square Feet Non-Residential Land Use Type Park Construction Fee Parkland Acquisition Fee Total Park Fees Discount Factor .602 1 (or 100%) Commercial/Retail $1,257 $ 0 $1,257 Hotel/Visitor $1,196 $ 0 $1,196 Office/R&D $1,116 $ 0 $1,116 Industrial $ 528 $ 0 $ 528 Source: MAS Other combinations of changes to the reduction factors for the Park Construction Fee and the Parkland Acquisition Fee could also be considered. Park Fee Revenue Estimate The City has conducted an analysis to estimate the current Parkland Acquisition Fee revenue and Park Construction Fee revenue that will be received through fiscal year 2023- 2024, based on the expected future residential and non-residential development projects and the existing fee levels. The City estimated that Park Construction Fee revenue may total approximately $5.3 million and Parkland Acquisition Fee revenue may total approximately $18.3 million (including Quimby Act In-lieu Fees). The City’s analysis assumed continuation of a .30 discount factor for the Parkland Acquisition Fee and Park Construction Fee for residential development projects, and a .75 discount factor for the Parkland Acquisition Fee and Park Construction Fee for non-residential development projects. Under the proposed fee structure, which provides the maximum Park Construction Fee and a .904 discount factor for the Parkland Acquisition Fee for residential development projects, and a .602 discount factor for the Park Construction Fee and a 1.0 (100%) discount factor for the Parkland Acquisition Fee for non-residential development projects, the estimated Park Construction Fee revenue may total approximately $16.6 million and Parkland Acquisition Fee revenue may total approximately $7.0 million (including Quimby Act In-lieu Fees). This would be an increase of $11.3 million in Park Construction Fee revenue through fiscal year 2023-2024 (and a commensurate decrease in Parkland Acquisition Fee revenue). Table IV-8 summarizes the current discount factors, proposed discount factors and estimated fee revenue through fiscal year 2023-2024. Table IV-8: Summary of Current and Proposed Reduction Factors, and Estimated Fee Revenue Residential Development Non-Residential Development Estimated Fee Revenue Through FY 2023-24 (millions) Park Construction Fee Discount Factor Parkland Acquisition Fee Discount Factor Park Construction Fee Discount Factor Parkland Acquisition Fee Discount Factor Park Construction Acquisition Fee Parkland Acquisition Fee Current .30 .30 .75 .75 $ 5.3 $18.3 Proposed None .904 .602 1.0 (100%) $16.6 $ 7.0 Source: MAS While the Park Construction Fee alone will not be sufficient to fund all of the refurbish projects, the fees will provide partial funding to offset the impact of new development, to serve new residents and employees, and to maintain existing levels of service. EXHIBIT A-1 City of South San Francisco Park Construction Estimate May 2019 Park Name: Avalon Park Ballfield Improvements Project Description: Construct grading, drainage, irrigation and structural improvements to reduce closure time due to rain and routine maintenance, resulting in additional and expanded hours of field use. Estimated Park Construction Cost: Design $169,656 Construction $514,109 Contingency $ 51,411 Total Estimated Cost $735,176 Project Acreage: 0.87 acres Estimated Cost per Acre: $845,030 EXHIBIT A-2 City of South San Francisco Park Construction Estimate May 2019 Park Name: Buri Buri Park Project Description: Construct grading, drainage, irrigation and structural improvements to reduce closure time due to rain and routine maintenance, resulting in additional and expanded hours of field use. Estimated Park Construction Cost: Design $ 708,301 Construction $2,146,366 Contingency $ 214,637 Total Estimated Cost $3,069,304 Project Acreage: 1.26 acres Estimated Cost per Acre: $2,435,955 EXHIBIT A-3 City of South San Francisco Park Construction Estimate May 2019 Park Name: Gardiner Park Project Description: Expand playground to accommodate and provide activities for additional age groups of children; replace a basketball court with multi-sport court to increase range of activities and use; construct sitting and picnic areas to accommodate additional park activities and multi-generational use of park facilities. Estimated Park Construction Cost: Design $ 265,440 Construction $ 804,362 Contingency $ 80,436 Total Estimated Cost $1,150,238 Project Acreage: 0.23 acres Estimated Cost per Acre: $5,001,030 EXHIBIT A-4 City of South San Francisco Park Construction Estimate May 2019 Park Name: Hillside Park Project Description: Construct drainage improvements and replace soccer field turf and irrigation; improve path of travel; and install redesigned lighting to allow concurrent play and significantly higher overall field use. Estimated Park Construction Cost: Design $1,461,124 Construction $4,427,650 Contingency $ 442,765 Total Estimated Cost $6,331,539 Project Acreage: 3.48 acres Estimated Cost per Acre: $1,819,408 EXHIBIT A-5 City of South San Francisco Park Construction Estimate May 2019 Park Name: Orange Memorial Park Project Description: Replace existing baseball and softball fields with more durable fields including potential conversion from natural turf to synthetic turf to accommodate additional hours of programming; add facilities for soccer programming; install lighting to provide more hours of play; expand seating to accommodate additional use of facilities; construct new path of travel to increase access and use of fields. Estimated Park Construction Cost: Design $ 3,338,753 Construction $10,117,432 Contingency $ 1,011,743 Total Estimated Cost $14,467,928 Project Acreage: 4.11 acres Estimated Cost per Acre: $3,520,177 EXHIBIT A-6 City of South San Francisco Park Construction Estimate May 2019 Park Name: Sellick Park Project Description: Replace existing baseball and softball fields with more durable fields including potential conversion from natural turf to synthetic turf to accommodate additional hours of programming; add facilities for soccer programming; install lighting to provide more hours of play; expand seating to accommodate additional use of facilities; construct new path of travel to increase access and use of fields. Estimated Park Construction Cost: Design $ 860,502 Construction $2,607,582 Contingency $ 260,758 Total Estimated Cost $3,728,842 Project Acreage: 1.72 acres Estimated Cost per Acre: $2,167,932 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-703 Agenda Date:10/14/2020 Version:1 Item #:22. Report regarding a resolution awarding a construction contract to Western Water Construction Inc.of Santa Rosa,California,for the WQCP Secondary Clarifier No.1 and No.2 Rehabilitation Project (Project No. ss1703)in an amount not to exceed $3,526,000.00,authorizing a total construction budget of $4,583,800.00, and authorizing the City Manager to execute the agreement on behalf of the City (Brian Schumacker,Plant Superintendent, and Peter Vorametsanti, Engineering Division Consultant) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to Western Water Construction Inc.of Santa Rosa,California,for the WQCP Secondary Clarifiers No.1 and No.2 Rehabilitation Project (Project No.ss1703)in an amount not to exceed $3,526,000.00,authorizing a total construction budget of $4,583,800.00,and authorizing the City Manager to execute the agreements on behalf of the City. BACKGROUND/DISCUSSION Secondary clarifiers are a critical part of a secondary activated sludge plant and provide the final clarification of plant effluent.The South San Francisco -San Bruno Water Quality Control Plant (WQCP)has three secondary clarifiers.Contractors installed secondary clarifiers one and two in 1964 and secondary clarifier three in 1999. A fourth secondary clarifier is currently under construction. In 1964,contractors also installed the existing return activated sludge and waste activated sludge (RAS/WAS) pump station number one.These pumping systems serve secondary clarifiers one and two and contain an underground pump room and open sludge pumping structure.Secondary clarifiers one and two (and the associated pumping systems)have reached the end of their useful life.These clarifier systems have served the plant for over 50 years. Plant staff collaborated with design engineers to improve performance and increase the reliability of the aging secondary clarifier system.Plant staff and design engineers reviewed technical aspects to rehabilitate the existing secondary clarifier and pump station.This rehabilitation project includes replacing the clarifier mechanisms,RAS/WAS pumps,central process piping,and valves with new equipment.Further,secondary clarifiers one and two will receive concrete repair and industrial coating rehabilitation as part of the project. Under the leadership of City Council,Plant management continuously looks for ratepayer savings opportunities.Fiscal savings exist in this project by controlling the need for complete removal and replacement of the clarifiers,and related systems.Reusing the current tank’s concrete foundation,walls,and anchor points allow the new mechanisms to be of the same design and configuration as the existing units.Additionally,plant staff specified Ovivo secondary clarifier mechanisms (the existing mechanisms manufacturer)for bidding on this project to achieve further cost savings.To compare cost,the engineering estimate for the complete replacement of secondary clarifiers one and two and the associated systems is roughly $11,000,000.Reusing the current tank’s concrete foundation,walls,and anchor points saved the Rate Payers over $6,000,000 while City of South San Francisco Printed on 10/7/2020Page 1 of 3 powered by Legistar™ File #:20-703 Agenda Date:10/14/2020 Version:1 Item #:22. providing the same increased equipment life expectancy. Staff advertised a notice inviting bids for the Project on July 2 and July 9,2020.Plant staff and consulting engineers conducted a mandatory pre-bid meeting on July 14,2020,with ten (10)contractors in attendance.On July 30,2020,staff received four (4)bids in response to the advertisement.The City awards Public Works construction contracts to the lowest responsible bidder whose bid is responsive to the solicitation (Public Contract Code §20166).Western Water Construction Inc.of Santa Rosa,California,is the lowest responsible bidder for the project.Staff verified Western Water Construction Contractor’s license with the California State Licensing Board. Western Water Construction Inc. Contractor’s license is valid and in good standing. The following is a summary of the bids received: Base Bid Amount Western Water Construction Inc. of Santa Rosa, California $3,526,000.00 Flatiron West Inc. of Benicia, California $4,124,700.00 Pacific Infrastructure of Pleasanton, California $3,892,750.00 Thompson Builders Corporation of Novato, California $5,548,000.00 The engineer’s estimate of probable cost is $4,838,000.00 for the project construction Staff recommends a construction contingency of 20%to provide for any additional costs related to design and construction.The team also recommends a construction management allocation of 10%to cover staff time and consultant costs to oversee and manage the contractor during construction operations.The construction management and administration bring the total project construction budget to $4,583,800.00. There are no Disadvantaged Business Enterprise (DBE)requirements since no federal funds are being utilized on the project. FUNDING Funding for this project is through the Sewer Enterprise Fund and is included in the Fiscal Year 2020-2021 Capital Improvement Program (CIP) budget previously reviewed and approved by Council. RELATIONSHIP TO THE STRATEGIC PLAN This project supports the quality of life for South San Francisco residents by ensuring proper operation and management of the City’s wastewater treatment infrastructure,thereby protecting public and environmental health. CONCLUSION Staff recommends awarding the construction contract to Western Water Construction Inc.of Santa Rosa, California,for the WQCP Secondary Clarifiers No.1 &No.2 Rehabilitation Project,improving the City of South San Francisco Printed on 10/7/2020Page 2 of 3 powered by Legistar™ File #:20-703 Agenda Date:10/14/2020 Version:1 Item #:22. performance and increasing the reliability of the secondary clarifier process. Attachments: 1.Vicinity Map 2.Site Location 3.Existing Conditions 4.Staff Presentation City of South San Francisco Printed on 10/7/2020Page 3 of 3 powered by Legistar™ Attachment 1 – o. Attachment 1 – Vicinity Map South San Francisco/San Bruno Water Quality Control Plant Consulting Agreement for WQCP Switchgears & Cogen Controls Update (Project No. ss1705) Attachment 1 - Vicinity Map WQCP Switchgear & Cogeneration Controls Upgrade Project (Project No. ss1705)Secondary Clarifier No.01 & 02 Rehabilitation Project (Project No.1703) 2- Site LocationsAttachment 2 - Site LocationsWQCP Switchgear & Cogeneration Controls Upgrade Project (Project No. ss1705) o. South San Francisco/San Bruno Water Quality Control Plan Consulting Agreement for WQCP Switchgears & Cogen Co WQCP Switchgear & Cogeneration Controls Upgrade P Secondary Clarifier No.01 & 02 Rehabilitation Project(Project No.1703)ON NO. 4RPUMP STATION NO. 5STORM WATERCLARIFIER NO. 4SECONDARY STATION NO. 2RAS/WAS PUMPCLARIFIER NO.1SECONDARYPUMP STATION NO. 1RAS/WASBOXRAS/WASFLARESD DRAINTop of Embankment2022282827282930313233343435353536363942412273599304334535363422SYSTEM CONDITIONINGDIGESTER GAS DIGESTER NO. 1DIGESTER NO. 3CLARIFIER NO.2SECONDARY43325223333THICKENING SYSTEMRECUPERATIVE 3 Attachment 3 - Typical Existing Equipment 2- Site LocationsWQCP Switchgear & Cogeneration Controls Upgrade P o. South San Francisco/San Bruno Water Quality Control Plan Consulting Agreement for WQCP Switchgears & Cogen Co WQCP Switchgear & Cogeneration Controls Upgrade P Secondary Clarifier No.01 & 02 Rehabilitation Project (Project No.1703) Water Quality Control Plant Secondary Clarifiers No. 1 and No. 2 Rehabilitation Project 1City Council Meeting, October 14, 2020 2• Project Location• Need for Project • Bid Process Overview• Staff Recommendation• City Council Questions and Discussion Presentation Overview Project LocationWater Quality Control PlantSecondary Clarifiers 1 and 2 Need for Project - HistoricalConstruction of Secondary Clarifiers 1 and 2Circa 1963, looking West Need for ProjectStructural Engineers inspecting clarifiermechanisms Bid Process Overview• Staff advertised for construction bids• Staff received four (4) bids in response to the advertisement• Western Water Construction Inc. of Santa Rosa, Californian is the lowestbidder• Staff confirmed that Western Water Construction Inc. Contractor licenseisvalid in good standing 7Approve a resolution awarding a construction contract to Western WaterConstruction Inc. of Santa Rosa, California, for the WQCP SecondaryClarifiers No. 1 and No. 2 Rehabilitation Project (Project No. ss1703) 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-704 Agenda Date:10/14/2020 Version:1 Item #:22a. Resolution awarding a construction contract to Western Water Construction Inc.of Santa Rosa,California for the WQCP Secondary Clarifiers No.1 and No.2 Rehabilitation Project (Project No.ss1703)in an amount not to exceed $3,526,000.00,authorizing a total construction budget of $4,583,800.00,and authorizing the City Manager to execute the agreement on behalf of the City. WHEREAS,the City of South San Francisco (City)co-owns and operates the South San Francisco/San Bruno Water Quality Control Plant (WQCP),located at 195 Belle Air Road,to provide secondary wastewater treatment for the Cities of South San Francisco and San Bruno; and WHEREAS,the City is planning on implementing the WQCP Secondary Clarifiers No.1 &No.2 Rehabilitation Project (Project No.ss1703)to improve the longevity of aging wastewater facilities and prolong the useful life of the system components,meet service expectations and regulatory requirements,and safeguard the system’s safety and reliability; and WHEREAS,staff completed an asset inventory to prioritize rehabilitation needs based on the comprehensive condition assessment created by engineers in 2016; and WHEREAS,staff advertised a Notice Inviting Bids on July 2 and July 9,2020.Plant staff and consultant engineers conducted a mandatory pre-bid meeting on July 14, 2020; and WHEREAS, on July 30, 2020, staff received four (4) bids in response; and WHEREAS,Public Works construction contracts are ordinarily awarded to the lowest responsible bidder whose bid is responsive to the solicitation per Public Contract Code §20166; and WHEREAS,the lowest responsible bidder being Western Water Construction Inc.of Santa Rosa,California with a bid amount of $3,526,000; and WHEREAS,a construction contingency of 20%($705,200)will be used for any additional costs related to design or construction method changes during the construction operations; and WHEREAS,a project management allocation of 10%($352,600)will be used for any additional costs related to design or construction method changes during the construction operations; and City of South San Francisco Printed on 10/16/2020Page 1 of 2 powered by Legistar™ File #:20-704 Agenda Date:10/14/2020 Version:1 Item #:22a. WHEREAS, this project is funded by the Sewer Enterprise Fund; and WHEREAS,the project is included in the City of South San Francisco’s fiscal year 2020-2021 Capital Improvement Program (Project No. ss1703) with sufficient funds allocated to cover the project cost; and NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract,a draft of which is attached hereto as Exhibit A and incorporated herein,for the Water Quality Control Plant Secondary Clarifiers No.1 &No.2 Rehabilitation Project (Project No.ss1703)to Western Water Construction Inc.of Santa Rosa,California,in an amount not to exceed $3,526,000.00 conditioned on its timely execution of the contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement,in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes a total Project construction budget of $4,583,800.00 and authorizes the City Manager to utilize unspent amount of the total Project,if necessary,towards additional construction contingency and construction management and administration budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement in substantially the same form as Exhibit A,and any other related documents on behalf of the City,upon timely submission by Redwood Painting Co.,Inc.of the signed contract and all other documents,subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other required actions consistent with the intent of this resolution that do not materially increase the City’s obligations. ***** City of South San Francisco Printed on 10/16/2020Page 2 of 2 powered by Legistar™ Exhibit A - Draft Construction Contract  CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS TABLE OF CONTENTS Page No. 1.Scope of Work A-1 2.The Contract Documents A-1 3.Equipment - Performance of Work A-2 4. Contract Price A-2 5. Rights of City to Increase Working Days A-2 6.Option of City to Terminate Agreement in Event of Failure to Complete Work A-2 7.Termination of Contract for Convenience A-3 8. Performance by Sureties A-5 9. Hold-Harmless Agreement and Contractor's Insurance A-6 10. Insurance A-6 11. Proof of Carriage of Insurance A-7 12. Provisions Cumulative A-8 13. Notices A-8 14. Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention Page A-1 of 12 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and Redwood Painting Co. Inc., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the WATER QUALITY CONTROL PLANT AND PUMP STATION COATING AND CORRISION PROTICTION PROJECT PHASE -1 in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete Contract consists of the following documents: (A) Notice Inviting Bids (B) Part I – Submitted Proposal (as accepted) (C) This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D) Part II – General Conditions 1. 1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Page A-2 of 9 (E) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications dated 2018, sections 10-99, as revised in Revised Standard Specifications (RSS) April 20, 2018 (F) Part IV – Project Plans, approved May, 2020 (G) Administrative subsections of the State Standard Specifications dated 2018, as specifically referenced in contract Parts I-IV and as revised in RSS dated April 20, 2018 All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: WQCP AND PUMP STATION COATING AND CORRISION PROTICTION PROJECT PHASE -1 PROJECT NO. ss1307&ss1901, BID NO. 2637 The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of __________________________________ ($). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. Page A-3 of 9 6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII- 17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. Page A-4 of 9 (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX- 2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: Page A-5 of 9 (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall Page A-6 of 9 have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B) Comprehensive General Liability Insurance. Page A-7 of 9 Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’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 Page A-8 of 9 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. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _____________________________________________________________________________________ 14. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. Page A-9 of 9 IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve (12) pages (being pages A-1 through A-12), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Mike Futrell, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-540 Agenda Date:10/14/2020 Version:1 Item #:23. Report regarding a resolution authorizing the City Manager to execute Program Supplemental Agreement No. F028 with the State of California for the Bridge Preventive Maintenance Program and a resolution authorizing the City Manager to execute a Consulting Services Agreement with Biggs Cardosa Associates,Inc.of San Jose, California for the Bridge Preventive Maintenance Program (Project No.st1703)in an amount not to exceed $200,000 and authorizing a total budget of $250,000.(Jeffrey Chou, Associate Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute Program Supplemental Agreement No.F028 with the State of California,for the Bridge Preventive Maintenance Program in the amount of $115,089.00 and a resolution awarding authorizing the City Manager to execute a Consulting Services Agreement with Biggs Cardosa Associates,Inc.of San Jose, California for the Bridge Preventive Maintenance Program (Project No.st1703)in an amount not to exceed $200,000 and authorizing a total budget of $250,000. BACKGROUND/DISCUSSION The City of South San Francisco (“City”)has an ongoing Bridge Preventive Maintenance Program (BPMP)for the fourteen (14)vehicle bridges that are under the Caltrans Bridge Inspection Program.(Attachment 1 - Bridge Location Map).The BPMP was created to help local agencies extend the life of their bridges by performing certain activities that have been preapproved by the Federal Highway Administration. The Bridge Preventive Maintenance Program Goals are to: 1.Maintain the existing inventory of bridges in a structurally safe and serviceable condition. 2.Correct minor structural deficiencies early in a bridge's life,rather than wait until a bridge has major problems requiring costly rehabilitation, reconstruction or replacement. 3.Extend the service lives of existing bridges. 4.Make efficient use of limited resources. Caltrans inspects the bridges every two-years and submits its findings to the City.City Staff determines the appropriate actions based upon the reports and Caltrans work recommendations. A summary of the recent bridge rehabilitation history and planned projects is outlined in the following table: BRIDGE NO.DESCRIPTION NOTES #35C0032 Dunman St at Hickey Blvd Current BPMP* (Design) + Repairs in 2013 #35C0079 Colma Creek Bridge at Chestnut Ave Current BPMP (Design) + Repairs in 2013 #35C0078 Colma Creek Bridge at Spruce Ave Current BPMP (Design) #35C0126 Colma Creek Bridge at Spruce Ave No work indicated per Caltrans Report #35C0031 Colma Creek Bridge at Linden Ave Current BPMP (Design) #35C0048 San Mateo Ave at Airport Blvd Repairs in 2013 project #35C0021 Colma Creek Bridge at Produce Ave Current BPMP (Design) #35C0101 Colma Creek Bridge at Utah Ave Current BPMP (Design) + Repairs in 2013 #35C0148L Grand Ave OH at US101 Grant funding expected in FY21/22 (Design) #35C0148R Grand Ave OH at US101 Grant funding expected in FY21/22 (Design) #35C0173 Oyster Pt Blvd OH at Gateway Blvd Current BPMP* (Design) + Repairs in 2013 #35C0044 San Bruno Canal Bridge at North Access Rd Bridge Replaced in 2018 (New Bridge No. #35C0164) #35C0046 San Bruno Canal Bridge at North Access Rd Current BPMP* (Design) + Repairs in 2013 #35C0047 San Bruno Canal Bridge at North Access Rd Current BPMP (Design) + Repairs in 2013 #35C0164 San Bruno Canal Bridge at North Access Rd Removed from list as it is owned by others City of South San Francisco Printed on 10/8/2020Page 1 of 6 powered by Legistar™ File #:20-540 Agenda Date:10/14/2020 Version:1 Item #:23. BRIDGE NO.DESCRIPTION NOTES#35C0032 Dunman St at Hickey Blvd Current BPMP* (Design) + Repairs in 2013 #35C0079 Colma Creek Bridge at Chestnut Ave Current BPMP (Design) + Repairs in 2013 #35C0078 Colma Creek Bridge at Spruce Ave Current BPMP (Design) #35C0126 Colma Creek Bridge at Spruce Ave No work indicated per Caltrans Report #35C0031 Colma Creek Bridge at Linden Ave Current BPMP (Design) #35C0048 San Mateo Ave at Airport Blvd Repairs in 2013 project #35C0021 Colma Creek Bridge at Produce Ave Current BPMP (Design) #35C0101 Colma Creek Bridge at Utah Ave Current BPMP (Design) + Repairs in 2013 #35C0148L Grand Ave OH at US101 Grant funding expected in FY21/22 (Design) #35C0148R Grand Ave OH at US101 Grant funding expected in FY21/22 (Design) #35C0173 Oyster Pt Blvd OH at Gateway Blvd Current BPMP* (Design) + Repairs in 2013 #35C0044 San Bruno Canal Bridge at North Access Rd Bridge Replaced in 2018 (New Bridge No. #35C0164) #35C0046 San Bruno Canal Bridge at North Access Rd Current BPMP* (Design) + Repairs in 2013 #35C0047 San Bruno Canal Bridge at North Access Rd Current BPMP (Design) + Repairs in 2013 #35C0164 San Bruno Canal Bridge at North Access Rd Removed from list as it is owned by others *Bridge later added to the current BPMP Thirteen of the 14 City bridges under the Caltrans Bridge Inspection Program have or will be rehabilitated. Bridge #35C0126 (Colma Creek Bridge at Spruce Ave),has no repairs recommended per the latest Caltrans Bridge Inspection Report. Program Supplemental Agreement No. F028 In August,2016,the City submitted a funding request to Caltrans for the maintenance of seven bridges identified in the Caltrans Bridge Inspection Reports. (Attachment 2 -PSA Bridge Location Map): 1 #35C0021 Colma Creek Bridge at Produce Ave Repair of Concrete barriers and steel railings, replacing joint seals, and miscellaneous concrete spall repair 2 #35C0031 Colma Creek Bridge at Linden Ave Treat bridge deck with methacrylate, concrete spall repairs, replace joint seals, repair concrete barriers and steel railings, repair uneven sidewalk and repair large hole in concrete sidewalk 3 #35C0047 San Bruno Canal Bridge at North Access Rd Provide Cathodic Protection to the pile extensions, (remove unsound concrete and repair spalled surfaces in pile extensions), Inject cracks in pile extensions and bridge soffit 4 #35C0078 Colma Creek Bridge at Spruce Ave Treat bridge deck with methacrylate (Polyester Concrete Overlay instead of only methacrylate), and concrete spall repairs on the barriers 5 #35C0079 Colma Creek Bridge at Chestnut Ave Clean exposed steel reinforcement and repair concrete spalls at bridge rails 6 #35C0101 Colma Creek Bridge at Utah Ave Clean joint seals and deck drains, epoxy inject concrete cracks, repair minor concrete spalls on the barriers, epoxy inject cracks at pier walls, and fill void space under the sidewalk 7 #35C0164 San Bruno Canal Bridge at North Access Rd. San Mateo County owned - subsequently removed from program Staff amended the project scope to include maintenance of three (3)additional bridges identified in the latest Caltrans Bridge Inspection Reports received in late 2019,after the original scope was written.Staff also removed bridge #35C0164 from the project once it was determined to be a San Mateo County owned bridge. Staff is currently seeking Caltrans approval to update the project to include additional funding for maintenance City of South San Francisco Printed on 10/8/2020Page 2 of 6 powered by Legistar™ File #:20-540 Agenda Date:10/14/2020 Version:1 Item #:23. Staff is currently seeking Caltrans approval to update the project to include additional funding for maintenance of these three bridges and anticipates Caltrans will incorporate the requested modifications. 7 #35C0032 Dunman St at Hickey Blvd Replace cracked portion of sidewalk, and repair minor concrete spalls, (epoxy inject concrete cracks in abutment, and Repair asphalt concrete pavement at West abutment) 8 #35C0173 Oyster Pt Blvd OH at Gateway Blvd Repair grade difference on sidewalk and minor concrete spall repairs 9 #35C0046 San Bruno Canal Bridge at North Access Rd Remove, clean and repair headers, and replace joint seals, (and epoxy inject concrete cracks in bridge soffit) #35C0164 San Bruno Canal Bridge at North Access Rd. San Mateo County owned - subsequently removed from program On November 20,2019,the City received the Program Supplemental Agreement (PSA)No.F028 from Caltrans authorizing Preliminary Engineering for the original seven (7) bridges in an amount of $115,089. The administration of state and federally funded local transportation projects is carried out by the benefiting agencies through the Caltrans Local Assistance Program.The City of South San Francisco has general authority as an administering agency;however,project-specific supplemental agreements are required for individual projects.The program supplement agreements allow for the reimbursement of project development costs. Program Supplement Agreement No.F028 authorizes Federal funding in the amount of $115,089.00 for preliminary engineering.The City’s matching fund for preliminary engineering is estimated at $14,911.00.The estimated total project cost for the preliminary engineering is $130,000.00. As a standard condition of the PSA,the City agrees that any cost increase would be funded by the City.Should designer fee estimates received be higher,the City will be responsible to fund the shortfall to construct and deliver the project.With funding identified,City Staff prepared and issued a Request for Proposals (RFP)to select a contractor to provide such construction project management services. Request for Proposals for Professional Services The Project’s work scope requires qualifications and expertise in multiple fields including engineering, environmental studies, regulatory agency requirements, permitting, design and construction bid document preparation. Under SSFMC section 4.04.080 and the City’s purchasing policy,staff procures professional services through issuance of RFPs.This process consists of the City issuing the RFP for proposals from vendor candidates to demonstrate their qualifications and abilities to provide the City with desired professional services.The City’s RFP template will contain evaluation and scoring criteria used to rank vendor candidates based on the strength of their proposals.Typical factors including demonstrated knowledge,qualification,industry reputation,and cost. Under this vendor selection process,cost is only one factor in determining which vendor the City will ultimately select for professional services.For certain professional services such as architectural,engineering, environmental,land surveying,or construction project management,state law in fact specifically requires that such services not be awarded solely based on price,but instead based on demonstrated competence.(Gov.Code City of South San Francisco Printed on 10/8/2020Page 3 of 6 powered by Legistar™ File #:20-540 Agenda Date:10/14/2020 Version:1 Item #:23. such services not be awarded solely based on price,but instead based on demonstrated competence.(Gov.Code §4526.)Both the state law provision and the City’s policy reflect the legislative view that when acquiring such services the City does not necessary receive the best value when it pays the lowest price.(See e.g.Cal.Att’y Gen. Op. No. 94-819 (February 9, 1995)). Thus,when utilizing the RFP vendor selection process,the City is focused on the skill,ability,and expertise of the entity or person to be able to provide services to the City.The selection is based on competence, professional qualifications,and overall value to the City with cost being only one factor in the determination of an award. City Staff issued an RFP for consulting services for the project on June 22,2020.The RFP was posted on the City’s website.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. City Staff issued an Addendum to the RFP on July 10,2020,responding to the questions related to the project scope of work. Four (4) proposals were received the July 24, 2020 due date. Members of the Engineering Division rated the proposals in the following areas: 1.Knowledge and Understanding -Demonstrated understanding of the RFP objectives and work requirements.Identification of key issues.Familiarity with state and federal procedures.Methods of approach, work plan, and experience with similar projects related to type of services. 2.Management Approach and Staffing Plan -Qualifications of project staff (particularly key personnel such as the project manager),key personnel’s level of involvement in performing related work,and the team’s experience in maintaining schedule. 3.Qualifications of the Proposer Firm -Experience with similar projects.Technical experience in performing work related to type of services;capabilities of developing innovative or advanced techniques;strength and stability of the firm;technical experience and strength and stability of proposed sub-consultants;demonstrated communications quality and success;and assessments by client references as available. 4.Presentation of a concise and responsive proposal. The two highest rated consultant teams were interviewed on August 31, 2020. The panel scored each consultant’s presentation and interview in the following areas: 1.Knowledge, approach, and understanding of the required services and scope of work 2.Management approach and staffing plan to performing scope of work efficiently and effectively /the ability and willingness to work within a managed contract budget,scope of work,and schedule of deliverables 3.Qualifications of Project Manager 4.Qualifications of the proposer firm and ability of the consultant team and key staff in performing the scope of work City of South San Francisco Printed on 10/8/2020Page 4 of 6 powered by Legistar™ File #:20-540 Agenda Date:10/14/2020 Version:1 Item #:23. 5.Effectiveness of Interview - overall interview discussions and presentation The consultant team ratings are summarized as Attachment 3 to this report.Copies of all proposals received are available in the Mayor’s office for Council’s review and can be provided upon request. Consultant Selection The interview panel determined that Biggs Cardosa Associates,Inc.and their team of sub-consultants ( Attachment 4 -Company Profile)presented the most responsive proposal and interview for the City’s project. The Biggs Cardosa Associates, Inc. team’s extensive relevant experiences include: ·In depth knowledge of the BPMP for the cities of Cupertino,Pleasanton,Gilroy,Anaheim,Huntington Beach, Fresno, and Merced ·Experienced in structural design,consulting,project management and construction management services of transportation structures; ·Understanding of the CEQA and NEPA environmental requirements (GPA Consulting of Sacramento); ·Participation in the civil and traffic engineering design processes of bridge projects (HMH of Oakland); and ·Hydraulic/Hydrology analysis and design (Avila and Associates Consulting Engineers of San Francisco) ·Geotechnical Engineering (PARIKH Consultants, Inc. of Milpitas) The Biggs Cardosa Associates,Inc.team will provide the Project’s required project management and coordination;designing repair and rehabilitation methods;and preparation of environmental studies and documentation. Biggs Cardosa Associates, Inc. had no exemptions to the terms of the standard agreement. Project Schedule The consulting services agreement for this project will tentatively extend through September 2023, corresponding to the Caltrans’ funding agreement. FISCAL IMPACT The estimated costs for the preliminary engineering costs are as follows: Biggs Cardosa Associates, Inc.$200,000 Design Contingency (25%)$ 50,000 Total $250,000 The City’s Fiscal Year 2020-21 Capital Improvement Program budget included $1,999,000 for this project.When combined with the Federal funding of $115,089.00,a total of $2,114,089 is available for this project.With the execution of the PSA No.F028,Federal funding for reimbursement,through the HBP grant,$115,089.00 will be available for the Design as well. The project includes funding though the Highway Bridge Program (HBP)Grant program and establishes a Disadvantaged Business Enterprise (DBE) participation goal of 16%. The City is eligible for reimbursement of Caltrans approved project related expenditures including:City expenditures and consultant fees for project administration,CEQA publications,public notifications,permits City of South San Francisco Printed on 10/8/2020Page 5 of 6 powered by Legistar™ File #:20-540 Agenda Date:10/14/2020 Version:1 Item #:23. and other direct costs. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by improving traffic safety and experience. CONCLUSION Staff recommends the following: Authorize the City Manager to execute the Program Supplemental Agreement No.F028 with the State of California on behalf of the City.The agreement will allow the City to obtain Federal funds for reimbursement in the amount of $115,089.00 for the Bridge Preventative Maintenance Program. Approving a Consulting Services Agreement with Biggs Cardosa Associates,Inc.for the Bridge Preventive Maintenance Program (Project No.st1703).Staff selected Biggs Cardosa Associates,Inc.based on their qualification,specifications and expertise in engineering studies,design,environmental,regulatory agency permitting, construction bid document preparation and other project related services. ATTACHMENTS 1.Bridge Location Map 2.PSA Bridge Location Map 3.Consultants Rating Summary 4.Company Profile 5.Presentation City of South San Francisco Printed on 10/8/2020Page 6 of 6 powered by Legistar™ Bridge Preventive Maintenance ProgramOVERALLBRIDGELOCATIONMAPABCEFHJLMPKEYBRIDGENO.DESCRIPTIONNOTESA #35C0032Dunman StatHickeyBlvd Current BPMP+Repairsin2013B #35C0079Colma CreekBridgeatChestnutAveCurrent BPMP+Repairsin2013C #35C0078Colma CreekBridgeatSpruceAve CurrentBPMPD #35C0126Colma CreekBridgeatSpruceAve NoworkindicatedperCaltransReportE #35C0031Colma CreekBridgeatLindenAve CurrentBPMPF #35C0048SanMateoAveatAirportBlvd Repairs in2013G #35C0021Colma CreekBridgeatProduceAve Current BPMPH #35C0101Colma CreekBridgeatUtahAveCurrent BPMP+Repairsin2013J #35C0148LGrandAveOHatUS101 GrantfundingexpectedinFY21/22K #35C0148RGrandAveOHatUS101GrantfundingexpectedinFY21/22L #35C0173OysterPtBlvdOHatGatewayBlvdCurrent BPMP+Repairsin2013M #35C0044SanBrunoCanalBridgeatNorthAccessRd BridgeReplaced in2018N #35C0046SanBrunoCanalBridgeatNorthAccessRd Current BPMP+Repairsin2013P #35C0047SanBrunoCanalBridgeatNorthAccessRdCurrent BPMP+Repairsin2013ATTACHMENT1 Bridge Preventive Maintenance ProgramPSA BRIDGELOCATIONMAPATTACHMENT254263KEYBRIDGENO.DESCRIPTION1#35C0021Colma CreekBridgeatProduceAvenue2#35C0031ColmaCreekBridgeatLindenAvenue3#35C0047SanBrunoCanalBridgeatNorthAccessRoad4#35C0078ColmaCreekBridgeatSpruceAvenue5#35C0079ColmaCreekBridgeatChestnutAvenue6#35C0101Colma CreekBridgeatUtahAvenue7#35C0164SanBrunoBridgeatNorthAccessRoad ATTACHMENT-3 Page 1 of 1 ATTACHMENT 3 – CONSULTANT RATING SUMMARY TABLE 1 – PROPOSAL RANKING SUMMARY: CONSULTANT RATER-1 TOTAL SCORE RATER-1 FIRM RANK RATER-2 TOTAL SCORE RATER-2 FIRM RANK RATER-3 TOTAL SCORE RATER-3 FIRM RANK AVERAGE RATERS' FIRM RANKING FINAL PROPOSAL RANKINGS Biggs Cardosa Associates, Inc. of San Jose, CA 90 1 79 3 98 1 1.67 T-1 Quincy Engineering of Rancho Cordova, CA 89 2 95 1 88 2 1.67 T-1 Mark Thomas & Company, Inc. of Oakland, CA 89 2 80 2 79 3 2.33 3 CSG Consultants of Foster City, CA 82 4 73 4 75 4 4.00 4 TABLE 2 – INTERVIEW RANKING SUMMARY: CONSULTANT RATER-1 TOTAL SCORE RATER-1 FIRM RANK RATER-2 TOTAL SCORE RATER-2 FIRM RANK RATER-3 TOTAL SCORE RATER-3 FIRM RANK AVERAGE RATERS' FIRM RANKING FINAL INTERVIEW RANKINGS Biggs Cardosa Associates, Inc. of San Jose, CA 96 1 97 1 91 1 1.00 1 Quincy Engineering of Rancho Cordova, CA 95 2 95 2 89 2 2.00 2 TABLE 3 – EVALUATORS: Raters: Engineering Division Principal Engineer Engineering Division Senior Engineer Engineering Division Associate Engineer ATTACHMENT-4 Page 1 of 3   ATTACHMENT 4 – COMPANY PROFILE   Biggs Cardosa Associates, Inc. (BCA) is a leading, award-winning California engineering firm that provides structural design, consulting, project management and construction management services. BCA has been reshaping California highways and skylines for 34 years through innovative and effective design of bridges, transportation structures, buildings and supporting infrastructure facilities. The firm specializes in the design, seismic retrofit, modification and rehabilitation of these structures. BCA is known for the quality of its work, active principal involvement, responsiveness to clients’ needs, and innovative solutions to complex project issues. The firm is staffed with over 125 professional and technical personnel, which includes over 50 registered Civil and Structural engineers. Biggs Cardosa specializes in HBP and BPMP-funded bridge projects. The firm also provides a wide range of structural engineering services including feasibility studies, conceptual design, structural design, project management, and construction management of transportation structures. Throughout our 34 years in business, BCA has provided services for over 100 California Public Agencies including 24 counties, 60 cities and over 20 other agencies (towns, redevelopment agencies, water districts, transportation agencies). The agencies that BCA have worked with include the City of South San Francisco, City of Oakland, City and County of San Francisco, Cities of Milpitas, San Jose, Cupertino, Santa Clara, Half Moon Bay, Pleasanton and Sunnyvale, among many others. BCA will be committed to this project with maximum efficiency and professional integrity. BCA commits their proposed personnel to this project, in order to provide a cost efficient and structurally sound solution. The BCA team has the depth of staff resources to deliver projects in an effective and timely manner. The firm’s staffing plan assures availability of sufficient qualified staffing resources throughout the duration of every contract. BIGGS CARDOSA AREAS of RELEVANT EXPERTISE  Design of Federal and State-Funded Bridge Projects, including HBP/BPMP  Projects  Development of Bridge Preventative Management Programs for California cities and counties  Extensive Knowledge of State and Federal Procedures  Bridge Assessments, Evaluations and Inspections  Construction Management and Inspection Services for Bridge Projects  Bridge Design (New Bridges, Bridge Replacements, Rehabilitation and Seismic Retrofits) BPMP and Other Relevant Project Experience Biggs Cardosa has worked on and successfully completed numerous BPMP and bridge program management projects for various California agencies including the City of Cupertino, City of Pleasanton, San Bernardino County, City of Mountain View, City of Huntington Beach, City of Merced, City of Anaheim, City of Fresno and San Mateo County. The work included bridge inspections, evaluations, and design of the rehabilitation, repair and replacement plans. BCA also ATTACHMENT-4 Page 2 of 3   have developed multi-year repair or replacement programs for many of these local agencies. BCA have experience working on all kinds of bridge types including concrete, steel and timber bridges, as well as structures over creeks, rivers, canals, estuaries, and other bodies of water, as well as railroads and highways. The following table summarizes their BPMP project experience. SUBCONSULTANTS   GPA Consulting is a multi-disciplinary consulting firm specializing in environmental planning, biology studies, and historic preservation. The firm serves a variety of municipalities, private-sector clients, and state and federal agencies, helping them to successfully achieve project approval and implementation. GPA, founded in 2003, is a certified woman-owned, disadvantaged, and small business enterprise registered as a California Corporation. The firm’s expertise is in managing the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) documentation, technical analysis, peer-reviewing environmental documents, regulatory permitting, agency coordination, and construction and mitigation monitoring. ATTACHMENT-4 Page 3 of 3   GPA has received CEQA/NEPA documentation and permitting approval for bridge, roadway/conventional highway, interchange, intersection, and bicycle and pedestrian facilities projects throughout the state. GPA has worked on more than 130 bridge projects that involved either maintenance, rehabilitation, or replacement. GPA completed work between 2017 and 2018 on nine bridges as part the City of Anaheim’s BPMP and is currently working with Calaveras County on its 2019 BPMP. Additionally, GPA’s experience includes Leimert Bridge Seismic Retrofit (HBP) in Oakland; Greenwood Ave Bridge Modification over Garnett Creek (HBP), Chiles-Pope Valley Road Bridge Replacement over Chiles Creek (HBP) and Dry Creek Road Bridge Replacement over Dry Creek (HBP) each in Napa County; Monte Rio Bridge Replacement (HBP) in Sonoma County; and 10 Highway Bridge Program projects in Merced County. GPA has teamed with Biggs Cardosa on numerous projects with Biggs Cardosa as the Prime Consultant on most of these projects. HMH provides a collaborative and comprehensive approach to the design process. Whether providing multi-faceted services or only a single discipline for a project, HMH’s team-based approach adds value. As a certified small business with 43 years of public and private project experience, HMH’s contributions have resulted in project success. With a staff of more than 80 professionals, HMH has the ability to provide Civil Engineering, Landscape Architecture, Land Surveying, and Land Planning on projects of any size. HMH has the capacity and resources to deliver large, complex projects under compressed timelines. With their resources, and their sole office location in the Bay Area, HMH is capable of responding quickly with appropriate solutions and staff to achieve project delivery in the often tight timeframes that are required in today’s environment. HMH has teamed with Biggs Cardosa on numerous relevant projects including City of Cupertino BPMP, I- 280/Wolfe Road Interchange, Improvements, US 101 / De La Cruz Blvd / Trimble Road Interchange Improvements, US 101 / Blossom Hill Road Interchange, US 101 / Capitol Expressway - Yerba Buena Road Interchange, and the I-880 / Marina Blvd Interchange. Avila and Associates Consulting Engineers, Inc. (Avila), established in 2000, provides consulting engineering services to public agencies at the Federal, State and local level, including water and flood control districts, Caltrans, and cities and counties. The firm focuses on water resources engineering and has extensive experience in hydrology, hydraulic analysis and design, and hydraulic countermeasure design. Avila and Biggs Cardosa have a long history of working together on numerous bridge projects throughout California. PARIKH Consultants, Inc., established in 1993, specializes in geotechnical engineering services for public agencies; employing twenty three highly- skilled engineers, geologists, technicians, and administrative personnel. PARIKH has successfully delivered over 1,250 projects throughout California, including more than 400 bridges, over 200 seismic retrofits under the local Highway Bridge Program (HBP) and the federal-funded Highway Bridge Replacement and Rehabilitation Program. PARIKH has received more than 35 engineering excellence awards. PARIKH and Biggs Cardosa have worked together on dozens on bridge and other transportation projects throughout California. BRIDGEPREVENTIVEMAINTENANCEPROGRAMPROGRAMSUPPLEMENTALAGREEMENTNO. F028ANDCONSULTINGSERVICESAGREEMENTOCTOBER14, 20201 Bridge Preventive Maintenance ProgramBRIDGEPREVENTIVEMAINTENANCEPROGRAM2ABCEFHJLMPKEYBRIDGE NO.DESCRIPTIONNOTESA #35C0032Dunman St at Hickey Blvd Current BPMP + Repairs in 2013B #35C0079Colma Creek Bridge at Chestnut AveCurrent BPMP + Repairs in 2013C #35C0078Colma Creek Bridge at Spruce Ave Current BPMPD #35C0126Colma Creek Bridge at Spruce Ave No work indicated per Caltrans ReportE #35C0031Colma Creek Bridge at Linden Ave Current BPMPF #35C0048San Mateo Ave at Airport Blvd Repairs in 2013G #35C0021Colma Creek Bridge at Produce Ave Current BPMPH #35C0101Colma Creek Bridge at Utah AveCurrent BPMP + Repairs in 2013J #35C0148LGrand Ave OH at US101 Grant funding expected  in FY21/22K #35C0148RGrand Ave OH  at US101Grant funding expected  in FY21/22L #35C0173Oyster Pt Blvd OH at Gateway BlvdCurrent BPMP + Repairs in 2013M #35C0044San Bruno Canal Bridge at North Access Rd Bridge Replaced in 2018N #35C0046San Bruno Canal Bridge at North Access Rd Current BPMP + Repairs in 2013P #35C0047San Bruno Canal Bridge at North Access RdCurrent BPMP + Repairs in 2013 Bridge Preventive Maintenance Program3Biggs Cardosa Associates, Inc.Quincy EngineeringMark Thomas & Co., Inc.CSG Consultants, Inc..REQUEST FORPROPOSALS3 Bridge Preventive Maintenance ProgramConsultant (professional services)Consultant is selected through a qualifications based selectionContractor (construction)Contracts are awarded to the lowest responsive responsible bidder4AWARDINGGUIDELINES4 Bridge Preventive Maintenance Program5SubconsultantsOffice: 865 The AlamedaSan Jose, CA 95126In depth knowledge of the Bridge Preventive Maintenance ProgramExperienced in structural design and repairs of bridgesUnderstanding of the environmental requirements RECOMMENDATION5 Bridge Preventive Maintenance ProgramHighway Bridge ProgramGrant*$115,0896GeneralFund$134,911Grant FundingGovernmental FundingPROJECT BUDGET$250,000FUNDING& BUDGET6*Federal funding for reimbursement provided with the execution of Program Supplemental Agreement No. F028 Bridge Preventive Maintenance Program7Questions? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-541 Agenda Date:10/14/2020 Version:1 Item #:23a. Resolution approving and authorizing the City Manager to execute a consulting services agreement to Biggs Cardosa Associates,Inc.of San Jose,California for the Bridge Preventive Maintenance Program (Project No. st1703) in an amount not to exceed $200,000 for a total budget of $250,000. WHEREAS,the City of South San Francisco (“City”)adopted 2020-21 Capital Improvement Program (CIP) which includes Project No.st1703 for the Bridge Preventive Maintenance Program (“Project”)partially funded by the Highway Bridge Program (HBP) Grant; and WHEREAS,the Project proposes repairs,identified in the Caltrans bridge inspection reports,for nine (9) bridges in the Bridge Preventive Maintenance Program (BPMP) package; and WHEREAS,the Project requires professional consulting services for the engineering,environmental, regulatory agency permitting, design, construction management and related other services; and WHEREAS,staff advertised and received proposals on July 24,2020,from four (4)well-qualified,multi- disciplinary and success oriented professional consulting teams offering comprehensive services required for the Project; and WHEREAS,after reviewing the proposals,staff invited the top two (2)consultant teams for interviews on August 31; and WHEREAS,the interview panel consisted of members from the City’s Public Works Principal Civil Engineer, the City’s Public Works Senior Civil Engineer, and the City’s Public Works Associate Civil Engineer; and WHEREAS,the selection of consulting services is not based on the lowest bidder,but on the firm’s expertise, experience and references; and WHEREAS,the City Council authorized a project budget of $200,000,with additional $50,000 contingency, totaling a project budget of $250,000; and WHEREAS,the interview panel has determined that Biggs Cardosa Associates,Inc.of San Jose and its team of sub-consultants have presented the most responsive proposal for the City’s project; and WHEREAS,Biggs Cardosa Associates,Inc.and its team of consultants have extensive relevant experience, including design of similar streetscape projects for the City; and WHEREAS,the City’s standard consulting services agreement,attached hereto and incorporated herein as Exhibit A,has been reviewed and accepted by Biggs Cardosa Associates,Inc.with regards to the terms and City of South San Francisco Printed on 10/16/2020Page 1 of 2 powered by Legistar™ File #:20-541 Agenda Date:10/14/2020 Version:1 Item #:23a. conditions therein; and WHEREAS,there are sufficient funds allocated in the City’s FY 2020-21 CIP for the proposed fees for the Project’s required services. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a consulting services agreement,attached herewith as Exhibit A,attached hereto and incorporated herein,for multi-disciplinary consulting services for the Bridge Preventive Maintenance Program (Project No.st1703)in an amount not to exceed $200,000 for a total project budget of $250,000 conditioned on Biggs Cardosa Associates,Inc.’s 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. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the consulting services agreement in substantially the same form as that attached in Exhibit A,and any other related documents on behalf of the City upon timely execution by Biggs Cardosa Associates,Inc.signed contract and all other documents, subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the City Manager to take any other related actions consistent with the intention of the Resolution. ***** City of South San Francisco Printed on 10/16/2020Page 2 of 2 powered by Legistar™ Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 1 of 29 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND BIGGS CARDOSA ASSOCIATES, INC. THIS AGREEMENT for consulting services (“Agreement”) is made by and between the City of South San Francisco (“City”) and Biggs Cardosa Associates, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of October 14th, 2020 (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. The approved Consultant’s Cost Proposal dated September 8th, 2020 is attached as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, or Exhibit B, the Agreement shall prevail. 1.1 Performance Period. The term of this Agreement shall begin on the Effective Date and shall end on February 25, 2023, 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. Any recommendation for an agreement award is not binding on the City until the Agreement is fully executed and approved by the City. 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 Agreement in a substantial, first-class manner and shall 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. The method of payment for this Agreement will be based on actual cost plus a fixed fee. The total amount payable by the City including the fixed fee shall not exceed $200,000.00 (Two Hundred Thousand Dollars). Exhibit A Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 2 of 29 The payments specified herein 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 Actual Costs. The City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’s Cost Proposal (Exhibit B), unless additional reimbursement is provided for by Agreement amendment pursuant to Section 8.3. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds the City’s approved overhead rate set forth in the Cost Proposal (Exhibit B). Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal (Exhibit B). In the event, that the City determines that a change to the work from that specified in the Cost Proposal (Exhibit B) and Agreement is required, the Agreement time or actual costs reimbursable by the City shall be adjusted by Agreement amendment, pursuant to Section 8.3 to accommodate the changed work. When milestone cost estimates are included in the approved Cost Proposal (Exhibit B), Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. 2.2 Fixed Fee. In addition to the allowable incurred costs, the City hereby agrees to pay Consultant a fixed fee not to exceed $200,000.00. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment pursuant to Section 8.3. 2.3 Invoices. Invoices shall be submitted, in duplicate, no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal (Exhibit B) and shall reference this Agreement number and project title. Invoices shall be mailed to the City’s Contract Administrator at the following address: Engineering City of South San Francisco 315 Maple Ave South San Francisco, CA 94080 Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 3 of 29 2.4 Payment. Consultant will be reimbursed promptly according to California Regulations upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Scope of Work (Exhibit A), the City shall have the right to delay payment or terminate this Agreement. 2.5 Final Payment. Final invoice must contain the final cost and all credits due to the City, including any equipment purchased under Section 10.21. The final invoice should be submitted within sixty (60) calendar days after completion of Consultant’s work. 2.6 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 amendment pursuant to Section 8.3. 2.7 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. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by the City’s Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. 2.8 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. . Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 4 of 29 2.9 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. 2.10 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. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. 2.11 Prevailing Wage. No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer. These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. 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 Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 5 of 29 prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. 2.11.1 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. 2.11.2 Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll records and supporting documents as mandated by Labor Code Section 1776 and as defined in 8 CCR Section 16000, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative’s at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. 2. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 6 of 29 3. The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request. . Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated. The Consultant shall inform City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. The Consultant or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City Contract Administrator. 2.11.3 Penalty. The Consultant and any of its Subconsultants shall comply with Labor Code Sections 1774 and 1775. Pursuant to Labor Code Section 1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 7 of 29 or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements: a. The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. Pursuant to Labor Code Section 1775, City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 8 of 29 pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City. 2.11.4 Hours of Labor. Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in section 1815. 2.11.5 Employment of Apprentices. Where either the prime Agreement or the subagreement exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code Sections 1777.5, 1777.6 and 1777.7 in the employment of apprentices. Consultants and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. The Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code Section 1777.7. 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 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 Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 9 of 29 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 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. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 10 of 29 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 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. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 11 of 29 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements 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 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 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. 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- Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 12 of 29 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 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; 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 Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 13 of 29 injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross 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 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. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 14 of 29 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. 8.1 Termination. City may cancel this Agreement at any time and without cause upon not less than thirty (30) calendar days written notification to Consultant (delivered by certified mail, return receipt requested). Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 9.1. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 15 of 29 In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination as provided for in this Agreement; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this section. 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 Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 16 of 29 an independent obligation from City’s obligation to make payments to the Consultant. 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 fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. Any subcontract entered into as a result of this contract shall contain all the provisions in this contract to be applicable to subconsultants unless otherwise noted. e. Any substitution of subconsultant(s) must be approved in writing by City’s Contract Administrator in advance of assigning work to the substitute 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. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 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. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 17 of 29 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 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. 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, Independent CPA Audited Indirect Cost Rate workpapers and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties, including the Consultant’s Independent CPA, 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, Caltrans Auditor, City, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, Subconsultants, and the Consultant’s Independent certified public accountants (CPA) work papers that are pertinent to Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 18 of 29 the Agreement and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. Subcontracts in excess of $25,000 shall contain the provision. 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. d. Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement , cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement , cost proposal, and ICR shall be adjusted by Consultant and approved by City Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. e. Consultant’s cost proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by Caltrans Audits and Investigation (A&I). Caltrans A&I, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The compensation schedule shall be adjusted by the Consultant and approved by the City Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 19 of 29 management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. 1. During Caltrans A&I’s review of the ICR audit work papers created by the Consultant’s independent CPA, Caltrans A&I will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans A&I identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I. Accepted rates will be as follows: i. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. ii. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. iii. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If Caltrans A&I is unable to issue a cognizant letter per paragraph E.1. above, Caltrans A&I may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans A&I will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions. 3. If the Consultant fails to comply with the provisions of this paragraph E, or if Caltrans A&I is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 20 of 29 4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) Caltrans A&I accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) Caltrans A&I has issued its final ICR review letter. The Consultant must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR. 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 attorneys 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. 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 Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 21 of 29 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. During the term of this Agreement, the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. The Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. 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. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 22 of 29 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. 10.9 Contract Administration. This Agreement shall be administered by Eunejune Kim, City Engineer/Public Works Director ("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: Biggs Cardosa Associates, Inc. 865 The Alameda San Jose, CA 95126 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 23 of 29 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. 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. Consultant agreed that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items not otherwise identified in the Scope of Work. b. 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. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 24 of 29 c. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR, Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City. 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 Non-Discrimination Clause and 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. b. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. Consultants and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.) and the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by the City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 25 of 29 d. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the City shall require to ascertain compliance with this clause. e. 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. f. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. g. 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. h. 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 or any person associated therewith in the capacity of owner, partner, director, officer or manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3. Does not have a proposed debarment pending; and Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 26 of 29 4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. b. Any exceptions to this certification must be disclosed to City. 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. 10.20 Disadvantaged Business Enterprises (DBE) Participation. a. This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this Agreement will assist Caltrans in meeting its federally mandated statewide overall DBE goal. b. The goal for DBE participation for this Agreement is 16%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. c. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with deferral funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. d. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. e. A DBE firm may be terminated only with prior written approval from LOCAL AGNECY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f). Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 27 of 29 f. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. g. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. h. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. i. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. j. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F of the LAPM], certified correct by Consultant or Consultant’s authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory ‘Final Report- Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Contract Administrator. k. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 28 of 29 Contract, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to City’s Contract Administrator within 30 days. 10.21 Equipment Purchase and Other Capital Expenditures. a. Prior authorization in writing by City’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service, or consulting work not covered in Consultant’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. c. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following: 1. Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City. 2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. 10.22 Prohibitions of Expending Local Agency, State, or Federal Funds for Lobbying. 10.22.1 The Consultant certifies, to the best of his or her knowledge and belief, that: a. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020 City of South San Francisco and Biggs Cardosa Associates, Inc. Page 29 of 29 employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 10.22.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 10.22.3 The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ Mike Futrell, City Manager Mahvash Harms Vice President/Principal Biggs Cardosa Associates, Inc. Attest: _____________________________ Rosa Acosta, City Clerk Approved as to Form: ____________________________ City Attorney EXHIBIT A SCOPE OF WORK Page 1 of 12 Exhibit A – Scope of Work Project Understanding The City of South San Francisco is seeking consultants to provide design services for the City’s Bridge Preventive Maintenance Program. The project will be primarily funded by the City, with additional funding from the Federal Highway Bridge Program (HBP) under the Bridge Preventive Maintenance Program (BPMP). The project will consist of bridge preventive maintenance work at the following locations based on our review of the RFP, the review of the Caltrans Structure Inspection Reports and As-Built Plans for each structure, and after personally visiting all nine bridges by the Consultant. Additional items identified with our review of the inspection reports and during the site visit not currently listed in the RFP are indicated by italicized and underlined text in parenthesis (additional item). Caltrans Bridge No. Facility Carried Feature Intersected Location Description of Structure Repair Work 35C-0021 Produce Avenue Colma Creek Next to US-101S at Produce Ave off-Ramp Repair of Concrete barriers and steel railings, replacing joint seals, and miscellaneous concrete spall repair 35C-0031 Linden Avenue Colma Canal ¼ mile West of US-101 at Linden Avenue Treat bridge deck with methacrylate, concrete spall repairs, replace joint seals, repair concrete barriers and steel railings, repair uneven sidewalk and repair large hole in concrete sidewalk 35C-0047 North Access Road San Bruno Canal ½ mile East of US-101/I- 380 Intersection Provide Cathodic Protection to the pile extensions, (remove unsound concrete and repair spalled surfaces in pile extensions), Inject cracks in pile extensions and bridge soffit 35C-0078 Spruce Avenue Colma Creek ¾ mile east of El Camino Real/ Spruce Ave Intersection Treat bridge deck with methacrylate (Polyester Concrete Overlay instead of only methacrylate), and concrete spall repairs on the barriers 35C-0079 Chestnut Avenue Colma Canal 0.1 mile east of El Camino Real/Chestnut Ave Intersection Clean exposed steel reinforcement and repair concrete spalls at bridge rails 35C-0101 Utah Avenue Colma Creek ¼ mile East of US-101 at Utah Avenue Clean joint seals and deck drains, epoxy inject concrete cracks, repair minor concrete spalls on the barriers, epoxy inject cracks at pier walls, and fill void space under the sidewalk 35C-0046 North Access Road San Bruno Canal ¼ mile East of US-101/I- 380 Intersection Remove, clean and repair headers, and replace joint seals, (and epoxy inject concrete cracks in bridge soffit) 35C-0032 Dunman Way Hickey Boulevard ¼ mile East of I-280/ Hickey Blvd Intersection Replace cracked portion of sidewalk, and repair minor concrete spalls, (epoxy inject concrete cracks in abutment, and Repair asphalt concrete pavement at West abutment) 35C-0173 Oyster Point Blvd. Caltrain and JPB At The Cove at Oyster Point Repair grade difference on sidewalk and minor concrete spall repairs  Produce Avenue at Colma Creek (35C-0021) Produce Avenue Bridge is a 4-span reinforced concrete slab bridge spanning over Colma Creek, adjacent to the US- 101S at Produce Avenue off-ramp. The repair work at Produce Avenue Bridge primarily consists of repairing concrete spalls at the bridge barriers and repair top steel railings on the barriers. In addition, joint seals at piers 2 and 3 have deteriorated and needs replacing. All repair work is anticipated to be above deck, which will impact the traffic. According to biennial Caltrans bridge inspection report, there are several cracks noted on the soffit and at pier 2. However, the cracks are not considered critical; therefore, they are not included in the scope of work. Page 2 of 12 Exhibit A – Scope of Work Due to the high volume of Average Daily Traffic (ADT), full closure of the bridge may not be allowed and temporary traffic control measures will be implemented to allow the public to safely travel across the bridge. The scope of work includes replacing the existing joint seals. There is a concrete curb median on the bridge which crosses over the joint seal. In order to replace the joint seals. The concrete median will be removed and reconstructed after replacing the joint seals.  Linden Avenue at Colma Creek (35C-0031) Linden Avenue Bridge at Colma Creek is a single span bridge spanning across concreted channel. Caltrans bridge inspection report notes longitudinal and transverse soffit cracks with efflorescence. However, these cracks are considered minor and do not require repairs. The bridge inspection report also notes pattern cracks at the deck. The repair work at the Linden Avenue Bridge consists of treating deck with Methacrylate, concrete spall repairs on the bridge barriers, and replacing the existing joint seals. Additional repair work include repairing an uneven sidewalk and large hole in concrete sidewalk at south abutment. The hole in the sidewalk will be filled slurry concrete. No work is anticipated to be in the Colma Creek. Prior to reparing the various concrete spalls, all un-sound concrete will be removed and exposed rebars will be cleaned to ensure there is not rust on the rebar. After cleaning the rebar, spalled areas will be repaired with cementitious filler material or concrete mortar to provide sufficent cover over the rebar. Linden Avenue Bridge is surrounded by industrial and commercial properties. Complete closure of the bridge may adversly impact the local businesses. Therefore, temporary traffic control measures will be implemented to ensure that no more than one traffic lane is closed at a time to allow safe crossing to the traveling public.  North Access Road at San Bruno Canal (35C-0047) North Access Road Bridge at San Bruno Canal is located adjacent to the long-term parking structure of San Francisco International Airport. The existing bridge is a three span bridge, supported by CIDH pile extensions at bents 2 and 3, and by diaphragm abutments at each end. All the work at this location will performed below the deck. The primary scope of work at this location consists of providing cathodic protection to the CIDH pile extensions. Cathodic protection is a technique used to control the corrosion of a metal surface by making it the cathode of an electrochemical cell. Prior to providing the protection, unsound concrete from the piles will be removed and piles will Page 3 of 12 Exhibit A – Scope of Work be treated with cementitious filler material or concrete mortar. The longitudinal cracks on the face of the piles and soffit will be injected with epoxy to ensure that the structural integrity of pile extensions is maintained. Temporary stream diversion will be required in the creek to allow the implementation of the cathodic protection to the piles. The temporary stream diversion is anticipated to consist of constructing cofferdam approximately 25’ beyond of the edge of deck on each side. The cofferdams will be connected with a corrugated metal pipe (CMP) to allow continuation of water during the tide changes. A minor clearing and grubbing also will be required next to the bridge to construct cofferdams and to install temporary stream diversion. Section 401, Section 404, Aquatic Resources Delineation, and Section 1602 permits will be acquired prior to performing work in the creek. Depending on the right- of-way limits, Temporary Construction Easements (TCEs) may be required to install the temporary stream diversion.  Spruce Avenue at Colma Creek (35C-0078) Spruce Avenue Bridge at Colma Creek is a two-span continuous reinforced concrete slab bridge, spanning across concrete Colma Creek. There are pattern deck cracks up to 0.06 inches wide spaced 6 inches apart throughout the slab. To rehabilitate the cracks, instead of methacrylate overlay only, the Caltrans bridge inspection report recommends applying 1” of polyester concrete overlay which will not only seal the cracks, but it will also strengthen the deck. Additionally, there are several concrete spalls on the bridge barriers. The barrier reinforcement is exposed at several locations along the length of the bridge barriers, especially at the ends. To repair the spalls, unsound concrete will be removed and the exposed rebars will be cleaned prior to applying concrete patches. The substructure is noted to be in a good condition, therefore no repairs are anticipated below the deck. All anticipated repair work is above the bridge deck and not within the creek banks, within the City’s right-of-way; therefore, Right-of-Way acquisition, Temporary Construction Easement (TCE) or regulatory agency permitting is not required for the prescribed repair work.  Chestnut Avenue at Colma Creek (35C-0079) Chestnut Avenue Bridge at Colma Creek is a reinforced concrete triple box culvert spanning across concrete lined Colma Creek. Repairs of Chestnut Avenue Bridge consists of clearing exposed rebars and applying concrete paste over them to repair spalled areas on the bridge barriers. The Bridge Inspection report also notes several hairline transverse soffit cracks spanning the width of culvert. However, because these hairline transverse cracks are typically indicative of temperature and shrinkage cracks and not load overstress related, the repair of these hairline transverse cracks were not included in the scope of work. Page 4 of 12 Exhibit A – Scope of Work All anticipated repair work is on the bridge barriers within the City’s right-of-way above the bridge deck and not within the creek banks; therefore, Temporary Construction Easement (TCEs) will not be required and regulatory agency permitting is also not required for the prescribed repair work on the barriers.  Utah Avenue at Colma Creek (35C-0101) Utah Avenue Bridge at Colma Creek is a three-span reinforced concrete bridge spanning across Colma Creek. The bridge is supported by pier walls at bent 2 and 3, and diaphragm abutments at each end. The bridge inspection reports notes cracking in the bridge deck near the pier walls. There is also cracking noted in the pier walls. The cracks on the deck and in the pier walls will repaired with epoxy injection. Additionally, the existing joint seals at each ends and existing deck drains will be cleaned under this scope of work. Epoxy injection in the pier walls will require temporary stream diversion in the creek. The temporary stream diversion will consist of constructing cofferdam approximately 25’ from the edge of deck on each side. The cofferdams will be connected with a corrugated metal pipe (CMP), beyond the deck to allow continuation of water during the tide changes. A minor clearing and grubbing will also be required next to the bridge to construct cofferdams and to install temporary stream diversion. Section 401, Section 404, Aquatic Resources Delineation, and Section 1602 permits will be acquired prior to performing work in the creek. Soil below the sidewalk at the NE corner of the bridge has eroded and the existing utilities are exposed. The scope of repair at this location includes backfilling the cavity to ensure the sidewalk is sufficiently supported and to ensure that the utilities are not exposed. To ensure that soil backfill will not erode in future, we anticipate constructing a small retaining wall to retain the soil backfill. Constructing the retaining wall directly below the sidewalk will restrict the access to the utilities in future, which is not acceptable. Therefore, the retaining will be constructed offset from the edge of sidewalk to allow future access the utilities from the side of the bridge. The space between the retaining wall and the edge of sidewalk will be filled with import backfill soil. Another concept to filling the hole and covering the existing utilities is to install a permanent vault around the existing facility to isolate the line during major bridge works, ensuring adequate protection in close proximity of construction. The Consultant will coordinate with the utility owners to notify them of the proposed construction and how it may impact their utilities. After collecting all necessary information and coordinating with the utility companies, we will decide on the most cost-effective solution.  North Access Road at San Bruno Canal Creek (35C-0046) North Access Road Bridge at San Bruno Canal Creek is located ¼ mile east of US-101/I-380 Intersection, and ¼ mile west of North Access Road Bridge (Bridge No. 35C0-047). The existing bridge deck was treated with Methacrylate in 2013, and since then no new cracks have been noted. The scope of work consists of removing, cleaning/repairing headers and replacing the existing joint seals. After removing existing headers, the concrete around and below the existing header will be cleaned thoroughly and unsound concrete will be removed. A drill-and-bond epoxy dowels will Page 5 of 12 Exhibit A – Scope of Work be installed in the cleaned concrete to ensure sufficient bonding between existing concrete and new headers. During our visit to the location, we also noted longitudinal soffit cracks running from the face of abutments to the face of the CIDH pile extensions. The Consultant recommend also repairing the soffit cracks with epoxy injection, similar to the nearby North Access Road Bridge (Bridge No. 35C-0047). The soffit cracks at both of these bridges are similar in the length and size and could lead to future deck rebar corrosion and concrete spalling. RFP recommends performing all works from above deck, with in the City’s right-of-way. However, soffit crack repair will require working from the creek. Epoxy injection in the soffit cracks will require temporary stream diversion in the creek. The temporary stream diversion will consist of providing cofferdams, connected with a corrugated metal pipe (CMP), beyond the deck. The CMP between the cofferdams will allow continuation of water during the tide changes. Minor clearing and grubbing will also be required next to the bridge to construct cofferdams and to install temporary stream diversion. Section 401, Section 404, Aquatic Resources Delineation, and Section 1602 permits will be acquired prior to performing work in the creek.  Dunman Way at Hickey Boulevard (35C-0032) Dunman Way Bridge is a single-span bridge over Hickey Boulevard near the Westborough Neighborhood in the City. The bridge consists of Pre-cast I girders supported by high cantilever Abutments. The bridge is surrounded by the residential properties, connecting the local neighborhood. Bridge Inspection Report did not note any major deterioration in the bridge. However, there are minor concrete cracks and spalls on the pedestrian sidewalks on the bridge which require repair. The Consultant also noted that asphaltic material over the west abutment is breaking up near the bridge joints. Additionally, there are vertical cracks noted at the face of abutments. The Consultant recommend repairing the cracks in abutments with epoxy injection. Since the bridge is surrounded by the residential properties, no more than a one traffic lane will be closed to ensure that local residents have access to their residential properties. Temporary traffic control measures will be provided during construction phases to minimum the traffic disturbance.  Oyster Point Boulevard over UPRR (35C-0173) Oyster Point Boulevard Bridge is located over Caltrain/Union Pacific Rail Road (UPRR) near the Cove at Oyster Point. The Bridge Inspection Report noted that bridge structural elements, including deck, soffit, columns at bents, and abutments are in good condition and do not require any repair. The Consultant also confirmed the inspections noted in the Bridge Inspection Report during our visit to the bridge location. The primary repair at Oyster Point Boulevard Bridge consists of adjusting an elevation grade difference at the sidewalk near the South Abutment. Uneven sidewalk Page 6 of 12 Exhibit A – Scope of Work is a tripping hazard for pedestrians. The Consultant anticipate adjusting the elevation difference of the sidewalk by pouring a sliver grout/concrete ramp to provide a smooth transition to remove the tripping hazard. Additionally, we also noted few minor cracks and spall on the concrete barriers which require repairing. Since all the anticipated work is on the deck, right-of-way agreement or temporary construction easement from UPRR will not be required. PROJECT CONSIDERATIONS AND APPROACH The Consultant have reviewed the scope items listed in Attachment A, Project Description and Background, and Scope of Work in RFP, and our proposed scope of work outlined below conforms to the City’s scope in the RFP. Because the City has already performed the Field Review with Caltrans and obtained an approved Preliminary Environmental Study (PES), the proposed scope of work is based upon the approved PES and the scope of work specified in the RFP. As two of the nine bridge sites; North Access Road at San Bruno Canal (35C-0047) and Utah Avenue at Colma Creek (35C- 0101), identifies in-creek work, we assumed that the NES/MI requirements outlined in the PES will be governed by these two bridge sites and that jurisdictional delineation and biological survey will only be required for these two bridge sites. If additional in-creek work at other bridge sites is identified, additional jurisdictional delineation and biological survey can be included into the scope of work as additional services. Furthermore, based on our past experience with in-creek BPMP work, it is reasonable to assume that the in-creek work will not necessarily require that a Biological Assessment be performed, and to optimize the programmed budget, we have assumed that impact to any identified protected species or habitat can be avoided and Biological Assessment reports will not be required. If the biological survey identifies unavoidable impact to protected species or habitat that requires the inclusion of Biological Assessment reports, our environmental consultant (GPA) will be able to perform the Biological Assessment as additional services. Because BPMP improvements are performed on existing structures that does not require layout, right-of-way mapping has been limited to the available record right-of-way documents and no title report or field surveys for right-of-way take were included in the scope of services. However, depending on the City’s right-of-way limits over the two bridge sites where in- creek work is required, Temporary Construction Easements (TCEs) maybe required to implement temporary stream diversion that will be needed to perform the in-creek work. TCEs if required is assumed to and can typically be drafted using available record right-of-way documents. Also, because BPMP improvements are typically performed on the bridge deck with limited or no earthwork, the Water Quality Assessment Reports (WQARs) identified in the PES is assumed to be required only for the bridge sites with in-creek work, and we have scope two (2) WQARs for only the bridge sites with in-creek work; North Access Road at San Bruno Canal (35C-0047) and Utah Avenue at Colma Creek (35C-0101). If other in-creek work is identified, additional WQARs can be included as additional services. Additional rehabilitation identified during our initial scoping and that may be identified later during the design phase site investigation that the City would like to include with this project may require additional design services that can be added into the scope of work as additional services at the option of the City. SCOPE OF SERVICES TASK 1 – Project Management Page 7 of 12 Exhibit A – Scope of Work Project Administration / Project Schedule / Quality Assurance: Our Project Management approach includes an integrated Quality Control / Quality Assurance Plan, measures and practices for Schedule and Budget Adherence, and an ongoing Value Engineering attitude to optimize the balance between cost and function for the project (i.e. “value”). This effort includes:  Quality Assurance and Quality Control  Adherence to Schedule  Adherence to Budget  Value Engineering  Project Review Meetings  HBP Local Program Compliance Support The Consultant will attend a project kick-off meeting with City staff to discuss the project tasks, goals, and to ensure that our project management meets the expectation of the City. Consultant’s Project Manager will have a one-on-one phone call with the City’s Project Manager on a bi-weekly basis as needed to discuss the progress of the project without a full team present. Meeting summary minutes will be prepared and distributed within one week of the meetings. Additionally, a detailed design schedule will be updated on a quarterly basis based on the progress of the design, and will be submitted as an electronic file prior to each meeting. The Consultant will develop and submit a Project Schedule outlining the project tasks and subtask, including the Critical Path items, to ensure that the project adheres to the City’s anticipated schedule and completes on the target date. The schedule will include and clearly identify tasks and subtasks which requires our internal Quality Assurance review, as well as tasks which requires City’s review and approvals, and/or Caltrans and other agencies reviews and approval. As the design schedule dictates, we will assign multiple Project Engineers to coordinate the design of multiple structures. Weekly internal staff meetings will be held to gage the status of the project and to ensure that the project is completed on or prior to completion date. The Consultant acknowledge that adherence to the budget is critical for the City. Our unique and out-of-box engineering solutions will be tailored to cost savings during Design Phase as well as during the Construction Phase of the project. The Consultant will provide guidance and support during construction phase to ensure the project construction is completed in a short duration of time. The Consultant recommend that the City allow contractor to allow work at multiple sites simultaneously, which will allow early project completion and potential cost savings. The Consultant will also prepare and submit monthly progress reports with our invoices to update the City on the progress of the project. The progress reports will identify the schedule updates, interim findings, percent of services complete, discussion of schedule changes, work products, and identification of issues requiring resolutions. Our invoices will identify and segregate costs for Preliminary Engineering, Environmental Services, Design Services, and other eligible expenses that are eligible for the Highway Bridge Program (HBP) funding reimbursement. It is assumed that City staff will be present at community meetings and public hearings to present the project and respond to questions, and we will not be required to attend these meetings. The Consultant can attend these meetings and hearings as needed as Additional Services. The Consultant will provide local programs assistance to the City to prepare all of the required local program forms as “signature-ready” to be signed before forwarding to Caltrans. Deliverables: Monthly Invoicing / Progress Report / Project Schedule / PDT Meeting Agenda and Minutes (PDF electronic copy) TASK 2 – Pre-Design Data Gathering and Structure Field Investigations (6 Weeks): This task will consist of compiling and reviewing existing data pertinent to the Project, planning design activities, identifying bridge repair items to be field verified, establishing coordination with any 3rd party stakeholders, and performing field investigations at each structure to confirm the bridge repair items shown in the inspection reports provided in the RFP. Understanding the problem, Data gathering, and field investigations are key to a cost effective and sound engineering design solutions. The Consultant believe that spending additional efforts during data gathering and field investigations will allow us to understand the project needs and project constraints further in depth. It will also assist in reduce effort during the Final Design Phase, ultimately minimizing the project schedule and project cost. Preliminary Engineering Studies (4 Weeks): This task will consist of developing general project location, design concepts and related activities to establish design parameters to complete the Final Design. Preliminary Engineering Studies will pave the road map to finalize design by identifying and breaking down the design criteria for each location. It will also help identify similar structural defects at multiple locations and find common yet unique solutions for each location. The Page 8 of 12 Exhibit A – Scope of Work Consultant will also develop preliminary construction cost, identifying and segregating costs which are eligible to HBP funding reimbursement. Surveying and Mapping (4 Weeks): Our team will conduct record survey research and prepare mapping to assist and complete the final design of each bridge location as well as to prepare cost estimate and determine right-of-way impacts. The Consultant will use survey and right-of-way identification to determine the right-of-way needs for the construction, and to acquire permissions and right-of-entry into San Bruno Creek (for Bridge No. 35C-0047) and Colma Creek (for Bridge No. 35C-0101). To ensure the project improvements can be constructed within the available right-of-way, record mapping will be best fit onto existing photo backgrounds based on as-built. This approach will allow reduction in cost of field work. Environmental Studies and Documents (20 Months): The Consultant understands the City has completed the Preliminary Environmental Study (PES), and have included a check list of studies and memos to be completed in the RFP. The Consultant will prepare the following technical studies as required by PES: Air Quality, Water Quality/Resources, Equipment Staging, Hazardous Waste (lead paint and thermoplastic stipes), Floodplain, Traffic Handling during construction, Location Hydraulic Study, and Summary Floodplain Encroachment. The scope of work assumes Biological Assessment will not be required, and Natural Environmental Study-Minimal Impact (NES/MI). Once the technical studies are completed, we will coordinate with the City and Caltrans to obtain a CE determination and signed CE form from Caltrans, pursuant to their NEPA responsibilities with the U.S. Department of Transportation. Due to the varied nature of maintenance activities for each bridge site, some of the bridge sites may have more environmental evaluation and permitting requirements than others. For example, bridge sites that only require maintenance of the deck and railing elements (i.e., outside of the creek zone and with no disturbance of vegetation and/or native soil) would likely require only very limited environmental evaluation and no regulatory permits. The Consultant anticipate encroachment into the creek zone at North Access Road at San Bruno Canal (Br. No. 37C-0047) and Utah Avenue at Coma Creek (Br. No. 35C-0101) to perform the bridge repair items noted in the table on the previous page. San Bruno Canal and Colma Creek appear to be perennial aquatic features with connectivity to the San Francisco Bay. Therefore, a jurisdictional delineation of these waters will be required. The Consultant will summarize the existing regulatory setting, project area conditions, and delineated wetlands and waters of the U.S. and state in an Aquatic Resources Delineation report. In Addition to encroachment, vegetation removal, disturbance of native soil, in-water and/or water diversion work would require preparation of environmental technical studies and acquisition of regulatory permits. It is our understanding that one Natural Environmental Study (NES) for the US Fish and Wildlife Service will be required incorporating all structures. A separate NES for each structure is not anticipated, nor included in the scope of services. One NES documents for all nine bridges will help expedite the project schedule and also help reduce the project cost. Preparation of the NES includes reviewing available data on biological resources recorded within the vicinity of the project, performing field investigations at each structure to a level appropriate for the permits required for each bridge, and summarizing the results in the NES document. NES field investigations and vegetation mapping will be performed on a broad scale, however detailed plant identification will be required. NES will include Water Quality Best Management Practices (BMPs), Construction staging and access, Wetlands, and Invasive plants. The Consultant will review available data on biological resources recorded within and near the project area, including all special-status plant and wildlife species with the potential to be in the project area. This review will include conducting searches in databases such as the California Natural Diversity Database (CNDDB), U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), and the National Wetlands Inventory (NWI). GPA will also work with the project team to delineate an appropriate Biological Survey Area (BSA) that will cover the direct and indirect impact areas, including temporary construction areas, and create a BSA map to be used for the biological analysis. This scope of services includes obtaining regulatory permits from the Regional Water Quality Control Board (RWQCB) and California Department of Fish and Wildlife (CDFW) since there is work within the bed and banks or low flow channel. The Consultant assume that a Biological Assessment and Section 7 Consultation with the United States Fish and Wildlife Service (USFWS) and/or the National Marine Fisheries Services (NMFS) would not be required. The structures with work within the low flow channel are eligible for an Army Corps of Engineers (ACOE) Section 404 permit, Section 401 of the Clean Water Act Certification, Streambed Alternation Permit (Section 1602), and National Pollutant Discharge Elimination System (NPDES) permits. Permit fees are not included in this scope of services, and are anticipated to be paid by the City. According to the Caltrans Historic Bridge Inventory, all bridges are listed as Category 5, meaning they are not eligible for the National Register of Historic Places. The City has completed a technical study for Cultural Impacts and is provided with RFP. Page 9 of 12 Exhibit A – Scope of Work The Consultant anticipate that the project will be Categorically Exempt (CE) under CEQA, and Categorical Excluded (CE) under NEPA. If the project description changes or if currently unknown circumstances arise in a manner that would result in greater environmental impacts, the environmental scope may need to be revised. The Consultant will prepare a Notice of Exemption (NOE) for signature by the City and will submit the NOE to the County clerk’s office for CEQA clearance. Since our scope of services includes performing the bridge repairs items noted above and minor soil disturbance is anticipated for retrofitting the pile extensions and pier walls, the only hazardous materials anticipated for this project could possibly be the joint seals, yellow traffic striping and Aerially Deposited Lead (ADL). The Consultant will assume that the joint seals and traffic striping are hazardous, and will state in the contract specifications that these items are hazardous. A Phase 1 Initial Site Assessment is not included in this scope of services, as it is typically unnecessary for the proposed work. As a result, Caltrans will require a hazardous materials technical memo. This memo will describe how the contractors will minimize the release of hazardous materials and dispose of any such materials. Caltrans does not require public scoping for NEPA CE projects, and it is not anticipated that any other public outreach activities will be required during the environmental process. No public outreach activities have been included in this scope of work. The project specifications will require the Contractor to provide Good Neighbor Letters to any businesses and residents that may be affected by the construction of the bridge repairs. Deliverables: signed NEPA CE, CEQA NOE form, Aquatic Resources Delineation, technical memos and studies listed in PES, Section 404 Permit application package, Section 401 Permit application package, CDFW 1602 Permit application package, and NPDES Permit (PDF electronic copy). Utility Coordination: The Consultant will identify the utilities near and on each bridge location. The Consultant will also identify potential conflicts and prepare a Utility Conflict Map and Caltrans Reports of Investigation. The Consultant will coordinate with the Utility owners to notify them of construction activities, and we will work closely with the utility company to develop protection details which maintain the integrity and operations of their facility during construction. All work performed will be in compliance with Chapters 13 and 14 of Local Assistance Procedures Manuals, and Right-of-way Manual. Preliminary Design (35% Plans and Estimate): This task includes the development of conceptual bridge plans from as- built plans, the right-of-way and utility records search, aerial photogrammetry, and base mapping to indicating the proposed repairs at each bridge site. Biggs Cardosa will also prepare engineer’s estimate of probable cost. Cost will be based on preliminary quantities developed in general conformance with Caltrans Bridge Design Aids and will include approximately 25% contingency. These preliminary cost estimates will be based on the Caltrans estimating guidelines provided in Caltrans Bridge Design Aids, Section 11 Estimating. The 35% plans and estimate submittal is intended to allow the City to review and comment upon the proposed repairs and review anticipated construction costs early in the process. Deliverables: 35% conceptual level general plans of each bridge, 35% cost estimate (PDF electronic copy and three 24” x 36” Plots). TASK 3 – Final Design Within this task, we will develop and independently check the complete construction documents including plans, specifications and the construction cost estimate. All PS&E contract documents will be prepared and will meet the federal requirements for Highway Bridge Program (HBP) funding. Draft 60% PS&E - Unchecked Details (10 weeks): During preparation and approval of the NES documents, we will prepare and submit the draft plans, specifications, and estimate to the City. These construction documents are anticipated to include plan sheets for a vicinity map, quantities, a bridge general plan with the bridge repair items identified at each structure, photographs as required, horizontal control, as well as the construction specifications and cost estimate for the bridge repair items noted in the approved PES form. This submittal will represent a complete, draft set of construction documents to be submitted to the City and will be performed in general accordance with the following:  California Department of Transportation (Caltrans) Standard Plans & Specifications (2018 version & most current revisions as will be indicated in the bid documents)  Caltrans Bridge Design and Detailing Manuals  AASHTO LRFD Bridge Design Specifications 8th Edition with California Amendments,  AutoCAD 2019 Page 10 of 12 Exhibit A – Scope of Work Since the nature of the rehabilitation of the bridges will only require restriping and remarking of existing pavement striping and markings, we recommend and have assumed in this scope of services that only schematic level signing and striping of the existing conditions will be shown, we will not need to prepare detailed signing and striping plans, and we will be able to specify the striping and markings in the contract specifications and reference Caltrans and City standard striping and marking details. Additionally, since the nature of the rehabilitation of the bridges will only require construction staging and traffic control measures for short durations, we recommend and have assumed in this scope of services that we will not need to prepare site specific construction staging and traffic control plans. The Consultant will coordinate construction staging and traffic handling requirements with the City, and include these requirements in the contract specifications. It is anticipated that the Contractor will utilize Caltrans Standard Plans “T” plans for lane closures and construction signage. The contract specifications will require the Contractor to provide a construction staging and traffic control submittal at each structure for review and approval by the Engineer and the City to ensure that the Contractor has an efficient work area while maintaining a safe environment with limited operational impacts to the vehicles, bicyclists, and pedestrians. Construction staging areas will be coordinated with the City and included in the contract documents. On BPMP projects, the most cost- effective approach to traffic control is to define the hours of operation and phasing of bridge work and allow the contractor to develop their own traffic control plan for approval by the City during construction. Should proximity to adjacent intersections or other jurisdictions warrant, more detailed traffic handling plans can be developed. Quantities for the various items of work for these plans will be documented on a quantity sheet by bridge. It is anticipated and assumed in this scope of services that no loop detectors will be affected by the bridge rehabilitation work. A Caltrans Right-of-Way Certification Request form (LAPM Exhibit 13-A) will need to be prepared and submitted to Caltrans to certify that the project will not require any right-of-way acquisition. The Consultant will prepare a “signature ready” Caltrans Right-of-Way Certification Request form for the City. The bridge repairs may require temporary construction easements for which the right-of-way engineering will be necessary. As Additional Services, we will prepare plates and legal description forms for Temporary Construction Easement Agreements, if needed, to allow the contractor to perform work with in San Bruno Creek and Colma Creek. Although, the bridge repairs will not require any utilities to be relocated, utility facilities will be identified by owner and type of facility and shown on the project plans. The Consultant will coordinate with utility owners affected by project improvements to coordinate protection of utilities within anticipated work areas. A potential utility interface is anticipated at the Utah Ave Bridge over Colma Creek. Our team will prepare and submit to the City the technical specifications necessary to perform the bridge repair work consistent with the Caltrans Standard Specifications. The Consultant will assume that the City will prepare the front end (boilerplate) specifications, and the City will compile the front end and technical specifications together to create a complete set of bid specifications. The Consultant will prepare Draft Notice to Contractor and submit for to the City for a review. For federally funded projects, there is specific federal contract language that needs to be included in the front-end specifications. The Consultant will prepare and submit the federal contract language to the City, and the City will compile the federal contract language into the front-end specifications. The Consultant will identify and segregate costs that are eligible for HBP funding. Deliverables: 60% Plan Set Drawings (PDF electronic copy and three 24” x 36” Plots) 60% Technical Specifications including Materials Submittals List and 60% Construction Cost Estimate and Quantity Calculations (PDF electronic and three 8 ½” x 11” copies of each) Draft notice to Contractors (PDF electronic copy) Pre-Final Design Submittal-90% PS&E (8 Weeks): After receiving NEPA clearance, we will conduct an independent check of the plans, specifications, and estimate in accordance with our QA/QC Plan; concurrent with review of the 60% PS&E submittal by the City. An inter-disciplinary review will be conducted to ensure that all plans and specs prepared by the project team are coordinated. Upon receiving check comments from the City and the QC Independent Checker, we will work with both the City and the QC Independent Checker to resolve all comments, and we will update the 60% PS&E documents for the 90% PS&E submittal. Page 11 of 12 Exhibit A – Scope of Work Deliverables: Independent Check Set of 60% PS&E and associated comment/response log (PDF electronic copy) 90% Plan Set Drawings (PDF electronic copy and three 24” x 36” Plots) 90% Construction Cost Estimate (PDF electronic copy and three 8 ½” x 11” copies) Project Manual including Federal Requirements, Special Provisions, Technical Requirements (PDF electronic copy and three 8 ½” x 11” copies) Materials Submittals List, and Justification of Proposed Working Days (PDF electronic copy) Comment/Response log for 60% and 90% Comments (PDF electronic copy) 100% Construction Schedule (MS Project file and PDF electronic copy) 100% Design Calcs and Quantity Calculations (PDF electronic copy) Final Design Submittal-100% PS&E (4 Weeks): After agency review of the 90% Design Submittal, we will incorporate City comments and prepare the Final Contract Documents in accordance with the City’s instructions and submit Final Bid Documents for signature. Deliverables: One (1) complete Final Bid Set Drawings – signed and dated (24” x 36” Bond) One (1) set of Final Technical Specifications with signed and dated cover sheet (8 ½ x 11 Bond) One (1) copy of the Engineer’s Construction Cost Estimate (8 ½ x 11 Bond) One (1) electronic copy of the signed plans, specifications, engineer’s estimate (PDF electronic copy) One (1) copy of the Material Submittal List and Justification for Proposed Working Days (PDF Electronic copy) TASK 4 – Construction Phase Authorization (12 Weeks) The Consultant will prepare Request for Authorization (E-76) to advance the Construction using procedures outlines Caltrans Local Assistance Procedures Manual including completing all LAPM exhibits noted in Task 1 as “signature ready” for submittal to Caltrans to obtain the Construction E-76 authorization. Deliverables: Request for Authorization; LAPM Exhibits 3-A, 3-O, 5-A, 7-B, 7-G, 12-D, 12-E, 13-A, 15-A, 15-L, and 15-M (PDF electronic copy). TASK 5 – Bid and Award Support (10 Weeks) The Consultant will provide engineering services to support the public bidding phase of the project that includes providing responses to bidders' inquiries, preparation of addenda documents, and assisting the City in the review and processing of substitute submittals. The Consultant will prepare and submit a Conformed Set of Final Drawings and Specifications. Deliverables: Responses to bid inquiries (as required); Written evaluation of substitution submittals (as required); Preparation of addenda documents (as required) (PDF electronic copy) Complete Conformed Set of Drawings (AutoCAD and PDF – signed & dated [24” x 36” Bond] electronic copy) Electronic copy of the Technical Specifications – (MS Word and PDF electronic copy) Hard Copy of the Final Approved Specifications (8 ½” x 11”) Exceptions and Assumptions: Services not anticipated to be required and not included in this scope of services but can be added as additional services if circumstances or conditions changes are outlined below: 1. It is assumed the nine (9) project locations are all packaged in a single set of Plans, Specifications and Estimates. 2. Traffic control requirements will be conveyed to the contractor through the Technical Specifications. Traffic Control plans will not be required. 3. Utility relocation or potholing will not be required 4. Right of Way mapping will be limited to available record right of way documents. 5. Title reports or field survey is not anticipated to be required and not included in this scope of work. 6. WQAR is not needed for sites without in-creek work. 12. Focused bat habitat surveys, including bat emergence surveys, are not included in this scope of work. If requested, Consultant will provide an additional scope of work and budget to support this effort. 13. One NES(MI) will be prepared for all nine bridge maintenance sites. If evaluation of additional sites is requested, Consultant will provide an additional scope of work and budget to support this effort. 14. A CE/CE will be the appropriate level of NEPA/CEQA documentation. If during project development or completion of environmental investigations is it identified Page 12 of 12 Exhibit A – Scope of Work 7. No SWPPP is included in this scope of services 8. The PES is approved by Caltrans and Phase 1 Initial Site Assessment (ISA) is not required 9. Project activities are expected to encroach on only two aquatic features, San Bruno Canal (at Bridge #35C-0047) and Colma Creek (at Bridge #35C-0101). Therefore, this scope includes a jurisdictional delineation of San Bruno Canal (at Bridge #35C-0047) and Colma Creek (at Bridge #35C-0101). Jurisdictional delineations at additional bridge locations, are not included in this scope of work. If requested, Consultant will provide an additional scope of work and budget to support this effort. 10. Protocol-level surveys for special-status species, if required, are not included in this scope of work. It is anticipated that potential for special-status plants and wildlife species can be inferred based on the surveys scoped for the project. If protocol surveys are requested, Consultant will provide an additional scope of work and budget to support this effort. 11. One field survey for the NES(MI) is included in this scope of work and it will be conducted during the appropriate time of year to capture the typical blooming window for special- status plants with potential to be in the project area to the extent feasible. that the project would not qualify for a CE/CE, an additional SOW and budget will be provided to support a higher-level of documentation. 15. The project would not have a potential effect on federally listed species and consultation pursuant to Section 7 of the Federal Endangered Species Act would not be required. 16. Caltrans will prepare the NEPA Categorical Exclusion Form and Environmental Commitments Record. 17. The City will prepare the CEQA Notice of Exemption for the project, file it with the County Clerk-Recorder’s Office and the State Clearinghouse, and pay the applicable County filing fee 18. Bridge rehabilitation improvements will not affect creek hydraulic and hydraulic engineering is not required 19. Bridge rehabilitation improvements will not require geotechnical engineering services 20. Assistance and attendance at community meetings and/or public hearings are not required. 21. Attendance at a pre-bid meeting and preparing pre-bid meeting notes are not required. 22. Construction Support and Preparation of Record Drawings are not included with this contract. ID Task Name Duration Start Finish 1 Task 1 – Project Management & Caltrans Contract Management Assistance 38.75 mons Mon 10/5/20 Fri 9/22/23 2 Task 1.1 - Project Administration / Budgeting / Cost Accounting 38.75 mons Mon 10/5/20 Fri 9/22/23 3 Task 1.2 - Project Meetings/Agency Coordination 38.75 mons Mon 10/5/20 Fri 9/22/23 4 Task 1.3 - HBP Local Program Compliance Support (ROW Certification)2 mons Mon 1/3/22 Fri 2/25/22 5 Task 1.4 - HBP Local Program Compliance Support (RFA for Construction E-76)4 wks Mon 5/23/22 Fri 6/17/22 6 Task 2 – Pre-Design 20.25 mons Mon 11/2/20 Fri 5/20/22 7 Task 2.1 - Data Gathering, Document Review, and Structure Field Investigations 6 wks Mon 11/2/20 Fri 12/11/20 8 Task 2.2 - Preliminary Engineering studies 1 mon Thu 11/12/20 Wed 12/9/20 9 Task 2.3 - Surveying and Mapping 4 wks Mon 11/2/20 Fri 11/27/20 10 Task 2.3 - CEQA Determination and Filing 6 wks Mon 8/2/21 Fri 9/10/21 11 Task 2.4 - Environmental Studies and Documentation 19.75 mons Mon 11/16/20 Fri 5/20/22 12 Task 2.4.1 - Hazardous Materials Technical Memorandum 6 wks Mon 11/16/20 Fri 12/25/20 13 CALTRANS REVIEW 4 wks Mon 12/28/20 Fri 1/22/21 14 Task 2.4.2 - Air Quality PM2.5 Conformity Determination 2 wks Mon 11/30/20 Fri 12/11/20 15 CALTRANS REVIEW 4 wks Mon 12/14/20 Fri 1/8/21 16 Task 2.4.3 - Water Quality Technical Memorandum 8 wks Mon 12/14/20 Fri 2/5/21 17 CALTRANS REVIEW 4 wks Mon 2/8/21 Fri 3/5/21 18 Task 2.4.4 - Floodplain Location Hydraulic Studies - SFER 6 wks Mon 12/14/20 Fri 1/22/21 19 CALTRANS REVIEW 4 wks Mon 1/25/21 Fri 2/19/21 20 Task 2.4.5 - Traffic Technical Memorandum (Construction)8 wks Mon 12/14/20 Fri 2/5/21 21 CALTRANS REVIEW 4 wks Mon 2/8/21 Fri 3/5/21 22 Task 2.4.6 - Equipment Staging Technical Memorandum 6 wks Thu 12/10/20 Wed 1/20/21 23 CALTRANS REVIEW 4 wks Thu 1/21/21 Wed 2/17/21 24 Task 2.4.7 - Biological Resources: NES (Minimal Impact) and Aquatic Resources Delineation (ARD) 3.5 mons Mon 3/1/21 Fri 6/4/21 25 Task 2.4.7a - Biological Survey and ARD 1 wk Mon 3/1/21 Fri 3/5/21 26 Task 2.4.7b - Prepare NES (Minimal Impact) and ARD 9 wks Mon 3/1/21 Fri 4/30/21 27 Task 2.4.7c - City Review of NES (Minimal Impact) and ARD 4 wks Mon 5/3/21 Fri 5/28/21 28 Task 2.4.7d - Revise and Submit NES (Minimal Impact) and ARD to Caltrans 1 wk Mon 5/31/21 Fri 6/4/21 29 Caltrans Initial Review of NES (MI) and ARD, Address and Resubmit NES (MI) and ARD 4 wks Mon 6/7/21 Fri 7/2/21 30 Address Caltrans Review Comments of NES (MI)2 wks Mon 7/5/21 Fri 7/16/21 31 Caltrans Final Review and Approval of NES (MI)2 wks Mon 7/19/21 Fri 7/30/21 32 Task 2.5 - NEPA CE 4 wks Mon 8/2/21 Fri 8/27/21 33 Task 2.6 - Environmental Permitting 8 mons Mon 10/11/21 Fri 5/20/22 34 Task 3 – Design 19.75 mons Mon 11/16/20 Fri 5/20/22 35 Task 3.1 - Draft Final Design (60% PS&E)10 wks Mon 11/16/20 Fri 1/22/21 36 Task 3.1.1 - Prepare Plates and Legal Descriptions for TCEs (As Required)3 mons Mon 1/25/21 Fri 4/16/21 37 Task 3.2 - City Review and BCA Independent QA/QC Check of 60% PS&E Submittal 6 wks Mon 8/30/21 Fri 10/8/21 38 Task 3.3 - Pre-Final Design Submittal (90% PS&E)8 wks Mon 10/11/21 Fri 12/3/21 39 Task 3.4 - City Review of 90% PS&E Submittal 6 wks Mon 12/6/21 Fri 1/14/22 40 Task 3.5 - Final Design Submittal (100% PS&E)4 wks Mon 1/17/22 Fri 2/11/22 41 Task 3.6 - City Review of Final Design Submittal 2 wks Mon 5/9/22 Fri 5/20/22 42 Task 4 – Construction Phase Athorization 3.05 mons Mon 6/20/22 Mon 9/12/22 43 Task 4.1 - Submit RFA Con to Caltrans for Construction 1 day Mon 6/20/22 Mon 6/20/22 44 Task 4.2 - Caltrans Construction E-76 Processing 12 wks Tue 6/21/22 Mon 9/12/22 45 Task 5 – Bid Award and Support 2.5 mons Tue 9/13/22 Mon 11/21/22 46 Task 5.1 - City Preparation to Advertise Project 6 wks Tue 9/13/22 Mon 10/24/22 47 Advertise Project 0 days Tue 10/25/22 Tue 10/25/22 48 Task 5.2 - Advertisement Period 4 wks Tue 10/25/22 Mon 11/21/22 49 Task 5.3 - Bidding Assistance & Addressing Bid Inquiries 4 wks Tue 10/25/22 Mon 11/21/22 50 Task 6 – Construction 10 mons Mon 12/19/22 Mon 9/25/23 51 Task 6.1 - Pre-Construction Meeting 0 days Mon 12/19/22 Mon 12/19/22 52 Task 6.2 - Construction Duration 10 mons Tue 12/20/22 Mon 9/25/23 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 2021 2022 2023 Critical Task Baseline Milestone Summary CITY OF SOUTH SAN FRANCISCO BPMP PROJECT SCHEDULE 8/31/2020 EXHIBIT B COST PROPOSAL 8-Sep-20WBS DESIGN SERVICES (PE FUNDING PHASE)Task 1Project Management & Caltrans Contract Management Assistance1.1Project Administration/ Budgeting/ Cost Accounting204731$8,3801.2Caltrans Local Assistance Support (ROW Cert & Con E-76)82432$5,9211.3Project Schedule21214$2,5021.4Monthly Project Meetings/Agency Coordination (4 PDT Mtgs assumed)161632$6,392Subtotal2030052070000000000000000109$23,196Task 2Preliminary Engineering Studies / Suevey and Mapping / Utility Coordination2.1Data Gathering, Document Review, and Structure Field Investigations43236$6,3672.2Surveys and Mapping5050$11,1202.3Utility Coordination42731$3,8112.4Prepare Preliminary Design Submittal (35% Plans and Estimate)22$394Subtotal 0 4 0 32 0 0 0 6 27 50 0 0 0 0 0 0 0 0 0 0 0 0 119 $21,692Task 3Environmental Studies Documentation / Permits3.1CEQA Determination and Filing11$2293.2NEPA Approval22$4583.3Natural Environment Study/Minimal Impact (NESMI) & Wetland Delineation and 14 16 73 6 40 60 88 4 12 304 $32,6903.4Equipment Staging & Tech Memo42281834$3,9093.5Traffic Tech Memo44$9173.6Air Quality44$9173.7Hazardous Materials / Hazardous Waste Tech Memo44$9173.8Water Quality Assessment Report12286091$12,9583.9Location Hydraulic Study44$9173.10Summary Flood Plain Encroachment Report44$9173.11NPDES Permit44$9173.12CDFW 1602 Streambed Alteration Agreement / RWQCB 401 Permit / ACOE 401 Permit 151740612646412221$23,057Subtotal 0 34 0 0 0 0 2 28 60 0 11 35 113 20 18 52 124 88 0 4 76 12 677 $78,801Task 4Final Design4.1Prepare Draft Design Submittal (65% PS&E)12412440232223$39,9524.2Independent QA/QC Check of 65% PS&E Submittal82432$6,3184.3Prepare Pre-Final Design Submittal (95% PS&E)1125216485$15,2134.4Prepare Final Design Submittal (100% PS&E)11232853$9,780Subtotal348823264023600000000000000393$71,262Task 5Bid and Award Support5.1Addressing Bid Inquiries and Preparing Addenda24410$2,2795.2Prepare Conform Set of Construction Documents and Technical Specifications2428$1,449Subtotal260820000000000000000018$3,72925 122 8 324 66 7 4 70 87 50 11 35 113 20 18 52 124 88 0 4 76 121316$198,6801316Plotting, Printing, and Postage$76Travel (Mileage)$403Travel (Meals)$302Travel (Lodging)$540$1,321WBS DESIGN SERVICES (PE FUNDING PHASE)Task 1:Project Management & Caltrans Contract Management Assistance$23,196Task 2:Preliminary Engineering Studies / Suevey and Mapping / Utility Coordination$21,692Task 3:Environmental Studies Documentation / Permits$78,801Task 4:Final Design$71,262Task 5:Bid and Award Support$3,729$200,000FEE APPLICABLE TO E-76 PRELIMINARY ENGINEERING (PE) FUNDING$200,000$115.50 $77.70 $94.50 $57.75 $52.50 $31.50 $78.00 $61.50 $35.00 $69.50 $60.00 $50.48 $41.11 $41.25 $31.73 $64.90 $33.65 $30.29 $51.98 $47.96 $33.65 $35.34168.13% 168.13% 168.13% 168.13% 168.13% 168.13% 190.90% 190.90% 190.90% 190.90% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%$1,245553$540Associate Biologist$302$403$59,52529.76%Direct RateOverhead RateProfitDIRECT COST FIXED FEE MULTIPLIER RATES$0$3,729$7,792$12,729$0$0$0$58,280$0$0$63,678$7,584Total Hours Per Consultant 552$0$0Project Total Reimbursable Expenses $76$23,196Total Project Fee Per Consultant$6,367DBE PARTICIPATION PERCENTAGES $15,324$35,637$104,838$0211Senior Land SurveyorCivil Engineering ManagerSenior Civil EngineerDIRECT EXPENSES$76CITY OF SOUTH SAN FRANCISCO BPMP (ST 1703)Project Total LaborEngineering and Design ServicesEstimate of Labor Effort Senior DrafterAdministrativeEngineering ManagerAssociate - QC ManagerTotal FeeProject Management, Prime Consultant & Structural EngineeringProject EngineerBCAPrincipal-in-ChargeTotal HoursHMHCivil, Traffic, Survey, & Utility CoordinationGPA (DBE)Environmental Clearance & PermittingSr. Associate Env PlannerSr. BiologistAssociate BiologistBiologistAssistant Civil EngineerSr. BiologistSr. Env PlannerAssociate BiologistSr. BiologistSr. BiologistAssociate Env PlannerSr. Associate Biologist EXHIBIT C INSURANCE CERTIFICATES Consultant to provide after Award of Contract 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 #:20-633 Agenda Date:10/14/2020 Version:1 Item #:23b. Resolution approving the program supplemental agreement No.F028 with the State of California for the Bridge Preventative Maintenance Program in the amount of $115,089.00 and authorizing the City Manager to execute said agreement. WHEREAS,the Local Assistance Bridge Preventative Maintenance Program (BPMP)was created to help local agencies extend the life of their bridges by performing certain activities that have been preapproved by the Federal Highway Administration; and WHEREAS,the BPMP pertains to the multiple existing bridges within the City of South San Francisco (“City”)that require preventive maintenance due to deterioration of the bridge decks,joint seals, barriers/railings, and/or concrete surfaces; and WHEREAS,the City is eligible to receive federal funding for reimbursement in the amount of $115,089.00 for preliminary engineering (environmental and design)services under Program Supplement Agreement No.F028 ("Agreement") through the State of California Department of Transportation; and WHEREAS,a program supplemental agreement,attached hereto and incorporated herein as Exhibit A,must be executed with the State of California Department of Transportation before any such federal funds can be obtained; and WHEREAS,the City wishes to delegate authorization to execute the Agreement and any amendments with the California Department of Transportation to the City Manager. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves Program Supplemental Agreement No.F028 in Exhibit A between the City and the California Department of Transportation. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Manager is hereby authorized to execute Program Supplemental Agreement No.F028 in Exhibit A on behalf of the City Council of the City of South San Francisco,subject to approval as to form by the City Attorney,and take any other related action necessary to further the intent of this Resolution. ***** City of South San Francisco Printed on 12/23/2020Page 1 of 1 powered by Legistar™ Exhibit A 04-5177F15-F028- ISTEAProgram Supplement 04-SM-0-SSF BPMP-5177(039) SPECIAL COVENANTS OR REMARKS Page 2 of 6 1.A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal- 04-5177F15-F028- ISTEAProgram Supplement 04-SM-0-SSF BPMP-5177(039) SPECIAL COVENANTS OR REMARKS Page 3 of 6 2. assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of 04-5177F15-F028- ISTEAProgram Supplement 04-SM-0-SSF BPMP-5177(039) SPECIAL COVENANTS OR REMARKS Page 4 of 6 Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be 04-5177F15-F028- ISTEAProgram Supplement 04-SM-0-SSF BPMP-5177(039) SPECIAL COVENANTS OR REMARKS Page 5 of 6 used to determine the allowability of individual PROJECT cost items. I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be 04-5177F15-F028- ISTEAProgram Supplement 04-SM-0-SSF BPMP-5177(039) SPECIAL COVENANTS OR REMARKS Page 6 of 6 3. examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. In the event that right of way acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-722 Agenda Date:10/14/2020 Version:1 Item #:24. Report regarding a resolution authorizing the acceptance of a 10-foot tall metal giraffe sculpture donated to the City of South San Francisco by an anonymous donor.(Sharon Ranals,Assistant City Manager /Parks and Recreation Director) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting a 10-foot tall metal giraffe sculpture donated to the City of South San Francisco by an anonymous donor. BACKGROUND/DISCUSSION At the July 16,2020 Cultural Arts Commission (Commission)meeting,an anonymous donor informed the Commission that they would like to donate a giraffe sculpture at Sun Studios in Half Moon Bay to the City of South San Francisco.The Commission thanked the donor for their generous offer and decided to place this topic on the agenda for the August Commission meeting,along with a discussion to determine a location for placement. The giraffe is 10-feet tall,4.5-feet long,2-feet wide and made of sheet metal on a rectangular steel frame.It is valued at $1,300. Photos of the giraffe are available in Attachment 1. At the August 20,2020 Cultural Arts Commission meeting,the Commission unanimously voted to accept the giraffe sculpture as part of the City’s public art collection and place it in the Orange Memorial Park Sculpture Garden.Shortly after the August Cultural Arts Commission meeting,staff from the Parks Division traveled to Half Moon Bay to inspect the sculpture before finalizing its purchase and found the sculpture to be in good shape.Regarding the sculpture location,the donor agreed to placing the giraffe in the sculpture garden and Parks Division staff do not foresee any issues with the installation site.Staff shared the recommended location with City Council in a memorandum dated September 3,2020,requesting feedback on the sculpture location by September 17, 2020. Staff did not receive any feedback from Councilmembers by the requested date. FISCAL IMPACT The Parks and Recreation Department’s general fund budget will cover the installation cost of the sculpture. RELATIONSHIP TO STRATEGIC PLAN Acceptance of these donations will contribute to the City’s Strategic Plan under Priority #2 by helping to build a robust recreation program. CONCLUSION With the support of the Cultural Arts Commission,it is recommended that the City Council adopt a resolution accepting a 10-foot tall metal giraffe sculpture donated to the City of South San Francisco by an anonymous donor. This sculpture will be placed in the Orange Memorial Park Sculpture Garden. Attachments: City of South San Francisco Printed on 10/8/2020Page 1 of 2 powered by Legistar™ File #:20-722 Agenda Date:10/14/2020 Version:1 Item #:24. 1.Giraffe Sculpture Photos City of South San Francisco Printed on 10/8/2020Page 2 of 2 powered by Legistar™ Attachment 1 — Giraffe Sculpture Photos 10 ft tall x 4.5 ft long x 2 ft wide Weight: Light Material: Sheet metal on a rectangular steel frame Installation Location: Orange Memorial Park Sculpture Garden City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-723 Agenda Date:10/14/2020 Version:1 Item #:24a. Resolution authorizing the acceptance of a 10-foot tall metal giraffe sculpture donated to the City of South San Francisco by an anonymous donor. WHEREAS,an anonymous donor wishes to donate a 10-foot tall metal giraffe sculpture to the City of South San Francisco valued at $1,300; and WHEREAS,at the Cultural Arts Commission’s (Commission)meeting on August 20,2020,the Commission unanimously voted to accept the giraffe sculpture as part of the City’s public art collection and place it in the Orange Memorial Park Sculpture Garden; and WHEREAS,the giraffe sculpture will be a delightful addition to the Orange Memorial Park Sculpture Garden for the community to enjoy. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts a donation of a 10-foot tall metal giraffe sculpture from an anonymous donor. ***** City of South San Francisco Printed on 10/16/2020Page 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 #:20-777 Agenda Date:10/14/2020 Version:1 Item #:25. Report regarding a resolution making draft findings and declaring an intent to consider overruling the San Mateo City /County Association of Governments (C/CAG)Airport Land Use Commission’s (ALUC) determination of inconsistency with respect to noise policies for the proposed residential development located at 410 Noor Avenue and to provide notice to the State Public Utilities Code to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics regarding such findings and intent to consider overruling (Adena Friedman, Senior Planner) RECOMMENDATION Staff recommends that the City Council adopt a resolution making draft findings and declaring an intent to consider overruling the San Mateo City /County Association of Governments (C/CAG)Airport Land Use Commission’s (ALUC)determination of inconsistency with respect to noise policies for the proposed residential development located at 410 Noor Avenue and to provide notice in accordance with Sections 21676(b)and 21676.5(a)of the State Public Utilities Code to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics at least 45 days prior to the scheduled public hearing date for the proposed project and proposed overruling action by the City Council. BACKGROUND AND DISCUSSION SyRes Properties is proposing a mixed-use,multi-family residential project at 410 Noor Avenue,which is currently the site of the vacant Century Plaza Theater,at the corner of Huntington and Noor Avenues.This 4.74 -acre project site is located approximately 1/4 mile from the San Bruno BART station.The project includes 338 residential units,ground-floor residential amenities,open space amenities,a small retail space,and below-grade parking spaces. Airport Land Use Consistency The 410 Noor project site is located approximately two miles northwest of the San Francisco Airport (SFO), and is located within the Airport Influence Area B (AIA B),the “Project Referral”area,and is subject to review by the C/CAG Airport Land Use Commission (ALUC),for a determination of compatibility with San Francisco International Airport Land Use Consistency Plan (ALUCP).In accordance with these requirements,the City referred the 410 Noor project to the ALUC for review in May 2020. The ALUC reviewed this project for consistency with ALUCP at its July 9,2020 meeting and found the project to be inconsistent with the policies of the 2012 ALUCP,due to its location within the airport noise contours. The ALUC resolution is attached to this staff report (Attachment 1).As a final review authority,the City Council may,after a public hearing,choose to overrule the ALUC’s decision by following the procedures established in Public Utilities Code Sections 21676 and 21676.5.The applicant is requesting that the City City of South San Francisco Printed on 10/8/2020Page 1 of 3 powered by Legistar™ File #:20-777 Agenda Date:10/14/2020 Version:1 Item #:25. established in Public Utilities Code Sections 21676 and 21676.5.The applicant is requesting that the City Council consider overruling the ALUC determination of inconsistency. Overrule Process The first step in the process to overrule the ALUC is for the City to provide notice to the ALUC and the State of California Department of Transportation (Caltrans)Division of Aeronautics (Division)of the City’s intention to consider overruling the ALUC’s determination by providing them with a Notice of Intent with associated draft findings at least 45 days in advance of the consideration of overruling action by the City Council.At this time, staff is requesting that City Council authorize staff to initiate the overrule process by sending the Notice of Intent to the ALUC and the Division,and requesting comments.This is a procedural step to comply with the process outlined by the Public Utilities Code,and does not constitute consideration or approval of the project, nor does it predispose the City’s future action on the project or the decision to overrule. Any comments received by the ALUC and the Division are advisory to the City Council.However,should comments be received,the City must include them in the public record of any final decision to overrule the ALUC determination.The ALUC and the Division may provide comments on the intent to overrule within 30 days of receiving the documents;if they fail to provide comments within that time frame,the local agency may proceed without considering their comments. Following providing notice to the ALUC and the Division of the draft findings and intent to consider an overrule at least 45 days in advance of the action,the second step in the process is to hold a public hearing through which the City Council would make specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code 21670,namely the protection of public health,safety,and welfare in the areas surrounding airports.Following the required 45-day period,staff would bring the 410 Noor Project to the City Council for consideration at a public hearing,including the entitlements application,CEQA determination, and overrule request. FISCAL IMPACT There is no fiscal impact associated with this action. RELATIONSHIP TO THE STRAGETIC PLAN While this action does not entitle the 410 Noor project,it is a necessary step in the approval process.If approved, the project will help achieve the following goal of the City’s Strategic Plan: Priority Area 2: Quality of Life, Initiative 2.3 - Promote a balanced mix of housing options. 410 Noor project would provide 338 new multi-family residential units on an underutilized parcel.These residential units would add to the City’s diverse housing stock, helping to achieve this Strategic Plan goal. CONCLUSION Approval of this resolution will authorize staff to initiate the ALUC overrule process for the 410 Noor project, consistent with State law.This is a necessary procedural step in this project’s review and approval process. Therefore, staff recommends that the City Council take the following action: City of South San Francisco Printed on 10/8/2020Page 2 of 3 powered by Legistar™ File #:20-777 Agenda Date:10/14/2020 Version:1 Item #:25. Adopt a resolution making draft findings and declaring an intent to consider overruling the San Mateo City /County Association of Governments (C/CAG)Airport Land Use Commission’s (ALUC) determination of inconsistency with respect to noise policies for the proposed residential development located at 410 Noor Avenue and to provide notice in accordance with Sections 21676(b)and 21676.5(a)of the State Public Utilities Code to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics at least 45 days prior to the scheduled public hearing date for the proposed project and proposed overruling action by the City Council. Attachments 1.ALUC Resolution, July 9, 2020 Associated Document and Exhibits 1.Resolution Authorizing a Notice of Intent to Overrule for the 410 Noor Project (File ID#20-785) A.Draft Findings 3601597.1 City of South San Francisco Printed on 10/8/2020Page 3 of 3 powered by Legistar™ Attachment 1 ALUC Resolution, July 9, 2020 1 Attachment 1 ALUC Resolution, July 9, 2020 2 Attachment 1 ALUC Resolution, July 9, 2020 3 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-785 Agenda Date:10/14/2020 Version:1 Item #:25a. Resolution making draft findings that approval of a proposed residential development located at 410 Noor Avenue is consistent with Public Utilities Code Section 21670 and declaring an intent to consider overruling the San Mateo City /County Association of Governments (C/CAG)Airport Land Use Commission’s (ALUC) determination of inconsistency with respect to noise policies for the proposed residential development located at 410 Noor Avenue and to provide notice in accordance with Sections 21676(b)and 21676.5(a)of the State Public Utilities Code to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics at least 45 days prior to the scheduled public hearing date for consideration of the proposed project and proposed overruling action by the City Council. WHEREAS,SyRes Properties has proposed construction of a high-density residential development,consisting of 338 residential units,a small retail space,and residential and open space amenities at 410 Noor Avenue, APNs 014-183-270, 014-183-230, and 014-183-220 (collectively referred to as “Project Site”) in the City; and WHERAS,the 410 Noor Project Site is located within Airport Influence Area B of the San Francisco International Airport (SFO),the area subject to formal C/CAG Airport Land Use Commission (ALUC)Review; and WHEREAS,on May 12,2020,pursuant to the provisions of Section 21670 et seq.of the Public Utilities Code (“Section 21670”),the City referred the proposed development project to the C/CAG ALUC of San Mateo County for a determination of consistency with the ALUC’s Comprehensive Airport Land Use Compatibility Plan (ALUCP) for the San Francisco International Airport; and WHEREAS,on July 20,2020,the ALUC,acting pursuant to its authority under Section 21670,determined that the 410 Noor project is inconsistent with SFO ALUCP Policy NP-1,Noise Compatibility Zones,and Table IV- 1,Noise/Land Use Compatibility Criteria,the Project site is located almost entirely within the 70-75 dB CNEL noise contour,and multi-family residential use is identified as “Not Compatible”within that contour,unless at the time of adoption of the SFO ALUCP (2012)the site had been zoned exclusively for residential use,which is City of South San Francisco Printed on 10/19/2020Page 1 of 3 powered by Legistar™ File #:20-785 Agenda Date:10/14/2020 Version:1 Item #:25a. not the case with the Project site; and WHEREAS,as a final review authority,the City Council,may,after a public hearing,choose to overrule the ALUC determination by a two-thirds vote of the City Council,if the City of South San Francisco makes specific findings that the proposed project is consistent with the purposes of the Public Utilities Code Section 21670 regarding the protection of public health,safety and welfare in the areas surrounding airports and by providing the C/CAG ALUC and the Caltrans Division of Aeronautics (“Division”)with notice of the City’s intent to consider overruling the C/CAG ALUC determination along with supportive findings at least 45 days prior to the City's action to overrule the ALUC; and WHEREAS,the Public Utilities Code provides that the C/CAG ALUC and the Division shall respond to the referral of the findings of override within 30 days of receiving the proposed decision and findings; and WHEREAS,in the event that the ALUC or Division’s comments are not available within this timeframe,the City may act without them; WHEREAS, the comments by the C/CAG ALUC and Division are advisory to the City under State law; and WHEREAS,the City Council shall include comments from the C/CAG ALUC and the Division in the final record of any final decision to overrule the ALUC,which may only be adopted by a two-thirds vote of the City Council; and WHEREAS,the City Council’s adoption of this resolution is procedural and does not constitute the proposed project’s approval nor does it predispose the City’s future action on the 410 Noor project or the decision to overrule the ALUC’s determination; and WHEREAS,the draft findings attached as Exhibit A to this resolution do not constitute the final findings of the City with regard to the Project’s consistency with the purposes of Public Utilities Code Section 21760 and such draft findings may be revised,amended,and/or supplemented as part of any final decision to overrule the ALUC’s determination and/or approve the Project entitlements; and WHEREAS,should the City Council adopt this resolution making the draft findings and declaring an intent to consider overruling the C/CAG ALUC determination that the 410 Noor project is inconsistent with respect to noise policies and directing staff to transmit the required notice to the ALUC and the Caltrans Division of Aeronautics,a public hearing will be required for City Council consideration of the final override and the Project entitlements. NOW,THEREFORE,BE IT RESOLVED the City Council of the City of South San Francisco hereby takes the following actions: 1.Makes the draft findings attached hereto and incorporated herein as Exhibit A; and City of South San Francisco Printed on 10/19/2020Page 2 of 3 powered by Legistar™ File #:20-785 Agenda Date:10/14/2020 Version:1 Item #:25a. 2.Declares an intent to consider overriding the Airport Land Use Commission’s determination that the proposed 410 Noor project is inconsistent with the Airport Land Use Consistency Plan of the Environs of the San Francisco International Airport with respect to noise policies; and 3.Directs staff to provide notice in accordance with Sections 21676(b)and 21676.5(a)of the State Public Utilities Code to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics at least 45 days prior to the scheduled public hearing date for consideration of the proposed Project and proposed overruling action by the City Council. ***** City of South San Francisco Printed on 10/19/2020Page 3 of 3 powered by Legistar™ Exhibit A: DRAFT Findings Page 1 SECTION 1 FINDINGS 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. That the Public Utilities Code Sections 21676 and 21676.5 provide that a local governing body may overrule the Airport Land Use Commission if it makes specific findings that the proposed action is consistent with the purposes of Public Utilities Code Section 21670. The City Council therefore finds the following: a. The first purpose of Section 21670 is to provide for the orderly development of each public use airport in this State, and the area surrounding these airports so as to promote the overall goals and objectives of California airport noise standards and to prevent the creation of new noise and safety problems. The second purpose of Section 21670 is to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. b. With respect to safety, the majority of the proposed Project site is located outside of all of the Safety Zones for the San Francisco International Airport. A small portion of the site is located within Safety Zone 4, the Outer Approach / Departure Zone, which prohibits biosafety facilities, schools, child day care centers, stadiums, and arenas. Per the Project plans, the only public space identified within this safety zone is the leasing office, which is considered a compatible use. Thus the Project is consistent with the ALUC safety policies. c. With respect to the Airspace Protection Policies, per the ALUCP, airspace protection policies are established with a two-fold purpose: 1) To protect the public health, safety, and welfare by minimizing the public’s exposure to potential safety hazards that could be created through the construction of tall structures, and, 2) To protect the public interest in providing for the orderly development of SFO by ensuring that new development in the Airport environs avoids compromising the airspace in the Airport vicinity. This avoids the degradation in the safety, utility, efficiency, and air service capability of the Airport that could be caused by the attendant need to raise visibility minimums, increase minimum rates of climb, or cancel, restrict, or redesign flight procedures. The proposed Project site includes three buildings that range in height from three to five stories, with the maximum building height of approximately 60 feet. The proposed Project site is located within an area that requires filing FAA Form 7460- 1, Notice of Proposed Construction or Alteration, for structures exceeding 30 feet in height. The project will include a Condition of Approval requiring that the applicant demonstrate compliance with this FAA requirement, prior to obtaining building permits. The Project site is also located within the Part 77 airspace Exhibit A: DRAFT Findings Page 2 protection surfaces for SFO. The applicant has submitted a detailed airspace analysis completed by Williams Aviation Consultants which concludes that the Project will not penetrate the Part 77 Imaginary Surface. The height for the imaginary surface established for the horizontal surface at the site location is 163.2 feet above Mean Sea Level (MSL). The proposed Project parcels are located at between 35 and 48 feet above MSL. The proposed buildings at the 410 Noor project site are designed to be constructed at a maximum building height of 59 feet above ground level. Maximum structure heights would be approximately 94 to 107 feet above MSL. A structure built at a maximum of 107 feet above MSL would be well below the imaginary surface height established. Based on the proposed Project’s maximum height of 107 feet above MSL, no additional safety requirements are anticipated. Therefore, the proposed Project would be consistent with the airspace policies as established in the adopted 2012 SFO ALUCP. Per ALUCP Policy A4, proposed land uses with characteristics that may cause visual, electronic, or wildlife hazards, particularly bird strike hazards, to aircraft taking off or landing at the Airport or in flight are incompatible in Area B of the Airport Influence Area. As a mixed-use residential project, the 410 Noor proposed Project does not contain any characteristics that would cause these hazards. Additionally, t he South San Francisco Zoning Ordinance (Section 20.300.010) contains performance standards to ensure that all development protects the community from nuisances, hazards and objectionable conditions, including those which could be aircraft hazards, including light, glare, air contaminants, or electromagnetic interference. As proposed, the 410 Noor project is consistent with the performance standards cont ained in the Zoning Ordinance, and would not create an aircraft hazard. d. With respect to noise, the applicant has submitted an on-site noise study prepared by Salter and Associates which shows that on-site noise monitoring and SFO noise monitoring from 2017 to the present indicate that the Project site is within the 65- 70 dB CNEL contour, not within the 70dB CNEL contour as was the case when the ALUCP was adopted. While the Project is not consistent with the ALUCP noise policies, recent site specific data shows that the airport noise patterns are lessening over time, and that the Project site is currently less impacted by airport noise than at the time the ALUCP was adopted. Additionally, the Salter Noise Study also illustrates that implementation of noise control measures and construction standards will lessen noise impacts to residents. Prior to issuance of building permits, detailed acoustical analyses shall be completed as part of the final design for the proposed residential structures. The Project shall incorporate construction methods, sound attenuation features, and sound reducing barriers that reduce noise impacts in accordance with Section 21670, State Building Code, and General P lan requirements to meet the interior noise levels of 45 dBA CNEL. Sound control Exhibit A: DRAFT Findings Page 3 treatments shall include mechanical ventilation for all units so that windows can be kept close at the resident’s discretion to control noise, and special building construction techniques (such as sound-rated windows and building façade treatments) for all units. The Project is also required to include real estate disclosures in residential leases, disclosing the presence of an airport within two miles of the property, per Section 11010 of the Business and Professions Code. e. As illustrated by the above discussion, approval of the proposed Project as configured would provide for orderly development adjacent to the airport and promote the overall goals and objectives of the California airport noise standards and prevent the creation of new noise and safety problems because the proposed Project provides much needed housing near transit on an underutilized site, while also utilizing advanced construction techniques to minimize any noise impacts to residents, and the location, size, height and configuration of the Project would not create any safety problems. Furthermore, approval of the proposed Project protects public health, safet y and welfare because as configured the Project minimizes the public’s exposure to excessive airport noise through the application of advanced construction techniques and does not expose the public to any safety hazards or create any aircraft hazards. 3. 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, Sailesh Mehra. 3601533.1