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HomeMy WebLinkAbout2020-10-28 e-packet@6:00Wednesday, October 28, 2020 6:00 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA TELECONFERENCE MEETING Special City Council Special Meeting Agenda October 28, 2020Special City Council Special Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-29-20 AND N-63-20 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: Please click on the link below to register for the session: https://ssf-net.zoom.us/webinar/register/WN_AYwTmM2RSYmGHmEYt7twFw 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 12/30/2020 October 28, 2020Special City Council Special Meeting Agenda Call to Order. Roll Call. Agenda Review. Remote Public Comments - comments are limited to items on the Special Meeting Agenda. Speakers are allowed to speak on items on the agenda for up to three minutes. 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: [email protected] by 3:00 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 3:00 p.m. will not be read during the meeting but will be entered into the record for the meeting. Approximately 300 words total can be read in three minutes. Oral Comments: Speakers are asked to register in advance by 3:00 p.m. on the meeting date 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. 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, 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. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up. Page 3 City of South San Francisco Printed on 12/30/2020 October 28, 2020Special City Council Special Meeting Agenda ADMINISTRATIVE BUSINESS Report regarding a resolution approving an Outside Sewer Service Agreement with the owner of California Golf Club at 844 West Orange Avenue and 95 Westborough Boulevard (APN 013-250-080), and authorizing the City Manager to sign the agreement on behalf of the City of South San Francisco and to record the agreement in the San Mateo County official records. (Jason Hallare, Senior Civil Engineer) 1. Resolution approving an Outside Sewer Service Agreement with the owner of California Golf Club at 844 West Orange Avenue and 95 Westborough Boulevard (APN 013-250-080), and authorizing the City Manager to sign the agreement on behalf of the City of South San Francisco and to record the agreement in the San Mateo County official records. 1a. Report regarding a resolution to approve the final map for condominium purposes for 645 Baden Avenue, and authorize the recordation of the final map and all related documents. (Jason Hallare, Senior Engineer) 2. Resolution to approve the final map for condominium purposes for 645 Baden Avenue, and authorize the recordation of the final map and all related documents. 2a. Report regarding a resolution approving and authorizing the City Manager to execute a Federal Cost Sharing Agreement with the Department of the Army for the Preliminary Design of the Water Quality Control Plant Sea Level Rise Project (SS1802) in the amount projected to be $510,000. (Jason Hallare, Senior Civil Engineer) 3. A resolution approving and authorizing the City Manager to execute a Federal Cost Sharing Agreement with the Department of the Army for the Preliminary Design of the Water Quality Control Plant Sea Level Rise Project (SS1802) in the amount projected to be $510,000. 3a. Adjournment. Page 4 City of South San Francisco Printed on 12/30/2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-691 Agenda Date:10/28/2020 Version:1 Item #:1. Report regarding a resolution approving an Outside Sewer Service Agreement with the owner of California Golf Club at 844 West Orange Avenue and 95 Westborough Boulevard (APN 013-250-080),and authorizing the City Manager to sign the agreement on behalf of the City of South San Francisco and to record the agreement in the San Mateo County official records. (Jason Hallare, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving an Outside Sewer Service Agreement with the owner of California Golf Club at 844 West Orange Avenue and 95 Westborough Boulevard (APN 013- 250-080),and authorizing the City Manager to sign the agreement on behalf of the City of South San Francisco and to record the agreement in the San Mateo County official records. BACKGROUND/DISCUSSION: The City has received a request from Rick Kazakoff on behalf of California Golf Club of San Francisco “Cal Club”,owner of the property,to authorize an on-site development for a new maintenance yard that includes service centers and dormitories to connect to the City of South San Francisco’s sanitary sewer system.The proposal before the City Council is for the City to authorize the requested sanitary sewer load increase subject to the terms and conditions in the agreements and to authorize the execution of said agreements. Location The property is located within the unincorporated portion of San Mateo County (“County”).The Property is within the City’s Sphere of Influence with frontage along Westborough Boulevard,Junipero Serra Boulevard, Ponderosa Road,and West Orange Avenue,see Attachment 1 for a Vicinity Map.The Cal Club property is designated low density residential in the San Mateo County general plan and is zoned R-1/S-11 (one-family residential) in the County’s code which allows golf courses with a special use permit. Property History The property currently has an existing sewer connection to a manhole at the southwest corner of Westborough Boulevard and West Orange Avenue that has been served by the City and has a sewer fee account paid by Cal Club.The existing sewer connection serves the Cal Club’s existing main buildings.The exact date of the existing sewer service was unable to be determined as there were no permit or agreement records located either by the City,County,or Property Owner.It is assumed the sewer connection dates back to the construction of the existing main Cal Club building. The Cal Club proposes to construct a new maintenance yard along the Westborough Boulevard frontage approximately 800-ft west of West Orange Avenue that includes a 2-story maintenance building for garages, offices,dorms,and storage and a separate tractor barn building for storage,washing,and fueling.The new maintenance yard will be assigned the address 95 Westborough Boulevard,but will still remain on the same parcel as 844 West Orange Avenue.The sewer service for these new buildings is proposed to connect to the same manhole that the main building sewer connects to.A site plan for this maintenance yard is shown on Attachment 2.Since the new construction exceeds the flow of the property’s existing condition,the increase of sewer flow is subject to the condition that an Outside Sewer Service Agreement be executed before an encroachment permit can be issued to allow the construction of the proposed connection.Staff has reviewed theCity of South San Francisco Printed on 10/22/2020Page 1 of 4 powered by Legistar™ File #:20-691 Agenda Date:10/28/2020 Version:1 Item #:1. encroachment permit can be issued to allow the construction of the proposed connection.Staff has reviewed the proposal and recommends proceeding with the Outside Sewer Service Agreement. Outside Sewer Service Agreement In order to help properties eliminate obsolete septic systems and move forward with property improvements prior to annexation of unincorporated area to the City,the City has entered into several Outside Sewer Service Agreements with various property owners to allow them to connect to the City’s sewer system.Over the years, the City has identified several significant concerns regarding allowing properties outside of the City’s jurisdictional boundaries to connect to its sewer system, which are: ·Property owner,as they are located outside the City’s boundaries,may potentially object to annexation or oppose the City’s efforts to explore annexation of their property area; ·The property owner must be required to pay the full cost of a sewer line extension; ·Property owners must agree to pay the cost of upgrading their property to include sidewalk,curb,and gutter either at the time the connection is made,or in the future if annexation of the area occurs,in order to bring the public facilities serving their property up to the City’s standards; and An outside sewer service agreement has been prepared to address these concerns as outlined below.The City Attorney’s Office has prepared an Outside Sewer Service Agreement for the property at 844 West Orange Avenue,attached to the accompanying resolution as Exhibit A.The proposed agreement will be executed with the executive board for Cal Club,and the terms of the agreement have been reviewed and accepted by them. The agreement will also be recorded against the property and bind subsequent property owners to comply with the same terms. The agreement provides that the property and its owner will be bound by the following provisions: 1.Owner will not oppose and will waive any right to protest such annexation of this property to the City,if and when this occurs; 2.Upon future annexation,or sooner,the owner shall upgrade the Ponderosa Road frontage for their property to the City’s standards pursuant to a Deferred Improvement Agreement (attached to the Outside Services Agreement as an exhibit,or pay a contribution amount of $325,000 which is the estimated cost of construction,in lieu of constructing the upgrades.If the Owner chooses to make contribution payments instead of constructing improvements,the payments would be due at the time of LAFCo approval of the annexation of the property,and the City has the flexibility to utilize such payments for immediate neighborhood public improvements at its discretion.The $325,000 payment will be adjusted for inflation based on construction cost index at the time of payment; 3.Owner agrees to obtain an encroachment permit for the actual work of the additional connection and comply with permit conditions including restoration of disturbed City landscape; 4.Owner also agrees to maintain the hedgerow along the Parcel’s fence between the new maintenance yard and Westborough Boulevard no shorter than sixteen (16)feet tall at all times after maturity to maintain the landscape screening along the Westborough frontage; 5.Owner agrees to pay a one-time sewer capacity fee of $16,359.40 as determined by the Water Quality Control Plant; 6.Owner agrees to continue paying a yearly sewer service charge of $739 plus any surcharge fee based on water use (upcoming 2019 annual charge is estimated at $4,500); 7.Owner will make a deposit of $6,690 toward an administrative fee of to reimburse the City for staff timeCity of South San Francisco Printed on 10/22/2020Page 2 of 4 powered by Legistar™ File #:20-691 Agenda Date:10/28/2020 Version:1 Item #:1. 7.Owner will make a deposit of $6,690 toward an administrative fee of to reimburse the City for staff time to review, process and prepare the application and agreement; 8.Agreement will bind future owners of the property and will be recorded in the County records; 9.Owner agrees that all future development conforms to the relevant height,aircraft noise,safety policies and compatibility criteria contained in the most recently adopted version of the San Mateo County Comprehensive Airport Land Use Plan for the environs of San Francisco International Airport. Typically,changes to the provision of public services in unincorporated areas would be under the jurisdiction of the San Mateo Local Agency Formation Commission (LAFCo);however,since the property has an existing sewer connection prior to LAFCo’s formation, LAFCo approval is not required in this case. The Outside Sewer Service Agreement only provides permission to connect to or,in this case,increase the sewer flow to the City’s sewer system.It is important to note that this application is not for annexation,only for permission to increase the property’s sewer flow on the City’s sanitary sewer system.As noted above,the Owner will still be required to obtain an Encroachment Permit for the construction of the new maintenance yard’s sewer connection to the existing City sewer system.Since the proposed connection will disrupt or damage the existing City maintained landscape at the southwest corner of Westborough Boulevard and West Orange Avenue,the Owner will be required,as a condition of the encroachment permit,to replace the corner’s landscape as directed by the City. Under the existing General Plan and Zoning Ordinance,the Cal Club has a land use and zoning designation of Open Space.Staff notes that the City’s existing General Plan does not have any guiding or implementation policies specific to the Cal Club,but does include an implementing policy that the City should only annex the unincorporated islands after improvements to deficient utility and roadway systems are made or otherwise guaranteed by the San Mateo County Board of Supervisors and/or by the affected property owners.Annexation of the unincorporated islands has not occurred since the current General Plan was approved in 2001. The City is currently in the process of updating the General Plan and Zoning Ordinance.During this update process,the City will determine if any changes are necessary to the existing land use and/or zoning designations.The City acknowledges Cal Club’s preferred pre-zoning is private recreation,and will consider that preference in determining the land use and zoning designations if annexation occurs;however,the City can make no commitment that the ultimate designations will be private recreation.Staff will move forward to further study and re-evaluate the annexation policy during the current General Plan update process. CEQA: Sewer extensions are generally categorically exempt from CEQA pursuant to Section 15302,Class 2(c), Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.Furthermore,Section 15303,Class 3(d),allows “water main,sewage,electrical,gas and other utility extensions,including street improvements,of reasonable length to serve such construction”,which would include “construction and location of limited numbers of new,small facilities or structures”.Thus,the proposed sewer flow increase likely would be exempt under these provisions as well.Here,since the subject property is located outside South San Francisco’s jurisdiction,the proposed construction and development on these lots will be required obtain planning permits from San Mateo County and comply with San Mateo County Planning requirements.As the lead agency,the County will be responsible for further evaluating future development of these lots,including determining compliance with California Environmental Quality Act (CEQA) regulations. City of South San Francisco Printed on 10/22/2020Page 3 of 4 powered by Legistar™ File #:20-691 Agenda Date:10/28/2020 Version:1 Item #:1. FISCAL IMPACT: Pursuant to the terms of the agreement,City staff time will be fully compensated by the property owner- applicants through payment to the City of a $6,690 administrative fee.Annual revenue of approximately $4,500 per year from each property will be generated for the Sewer Fund.The property owner-applicants will be responsible for paying any City encroachment permit fees necessary to construct the new sewer connection. RELATIONSHIP TO STRATEGIC PLAN This action furthers the initiative of Community Connections by enabling these owners to develop their properties and one day to become properties of South San Francisco when the area is annexed in the future. CONCLUSION By adopting resolution to approve an Outside Sewer Service Agreement with Cal Club for an increased flow into the City’s sewer system at 844 West Orange Avenue and 95 Westborough Boulevard in the unincorporated area,the Cal Club would be able to obtain encroachment permits from the City to construct the new sewer connection.This action will also secure the Cal Club’s agreement not to oppose future annexation in exchange for additional service. Staff recommends the Council approve the agreement. Attachments: 1.Vicinity Map 2.New Maintenance Yard Site Plan 3.Presentation City of South San Francisco Printed on 10/22/2020Page 4 of 4 powered by Legistar™ CALIFORNIA GOLF CLUB OF SF OUTSIDE SEWER SERVICE OCTOBER 28, 2020 Local Agency Formation Commission (LAFCo) California Golf Club SF–Outside Service Agreement AGENDA •Outside Services Background •Outside Service Agreement Conditions •Cal Club Property •Project Description 2 California Golf Club SF–Outside Service Agreement OUTSIDE SERVICES BACKGROUND 3 •Able to provide sewer services outside of the City’s Jurisdiction. •Requires Owner to enter an Outside Service Agreement and consent to future annexation. •Requires Owner to upgrade the street if annexed. •Jurisdiction over unincorporated properties for new services only. •Requires consent to future annexation for service. •Requires properties contiguous with the City to annex for service. South San Francisco Local Agency Formation Commission California Golf Club SF–Outside Service Agreement 4 OUTSIDE SERVICE AGREEMENT OSA Conditions •Consent to future annexation if City requests. •Upon annexation, upgrade frontage street and sidewalks to current City Standards •City has agreed to limit this to only Ponderosa Road. •Club has agreed to allow funds to be used for other neighborhood improvements. •Pay annual sewer fees included with property taxes. •Pay one-time sewer capacity fee and OSA fees. •Comply with current SFO building requirements for any future development. California Golf Club SF–Outside Service Agreement 5 CALIFORNIA GOLF CLUB OF SAN FRANCISCO California Golf Club SF–Outside Service Agreement 6 MAINTENANCE YARD PROJECT California Golf Club SF–Outside Service Agreement 7 SSF ENCROACHMENT PERMIT California Golf Club SF–Outside Service Agreement QUESTIONS? 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-692 Agenda Date:10/28/2020 Version:1 Item #:1a. Resolution approving an Outside Sewer Service Agreement with the owner of California Golf Club at 844 West Orange Avenue and 95 Westborough Boulevard (APN 013-250-080),and authorizing the City Manager to sign the agreement on behalf of the City of South San Francisco and to record the agreement in the San Mateo County official records. WHEREAS,the City has received a request from California Golf Club of San Francisco (“Cal Club”),owner of the property at 844 West Orange Avenue and 95 Westborough Boulevard (APN 013-250-080)(the “property”), to authorize a sewer flow increase from the property to the City of South San Francisco’s (“City”)sanitary sewer system; and WHEREAS,the property is located within the unincorporated portion of San Mateo County (“County”),which is outside the jurisdictional boundaries of the City but inside the City’s sphere of influence; and WHEREAS,the property currently has had an existing sewer connection to a manhole at the southwest corner of Westborough Boulevard and West Orange Avenue that has been served by the City and has a sewer fee account paid by Cal Club; and WHEREAS,the Cal Club proposes to construct a new maintenance yard at 95 Westborough Boulevard that includes a 2-story maintenance building for garages,offices,dorms,and storage and a separate tractor barn building for storage, washing, and fueling, which would exceed the previously existing sewer flow; and WHEREAS,the Cal Club proposes to connect the new maintenance yard buildings’sewer laterals to the existing 844 West Orange Avenue sewer connection manhole at the intersection of Westborough Boulevard and West Orange Avenue; and WHEREAS,in order to help properties eliminate obsolete septic systems and move forward with property improvements prior to annexation of unincorporated area to the City,the City has entered into several Outside Sewer Service Agreements with various property owners to permit them to connect to the City’s sewer system subject to certain conditions of cost-sharing, infrastructure construction and consent to future annexation; and WHEREAS,the Outside Sewer Service Agreement (“Agreement”),attached hereto and incorporated herein as Exhibit A,addresses issues relating to extending sewer service to unincorporated County area such as waiving future protests against proposed annexation,payment of sewer connection and service fees,cost-share of public improvements and additional sewer facilities needed to serve the area,and construction and maintenance of a sewer lateral for the property; and WHEREAS, the Agreement has been reviewed and accepted by the Cal Club; and City of South San Francisco Printed on 12/30/2020Page 1 of 2 powered by Legistar™ File #:20-692 Agenda Date:10/28/2020 Version:1 Item #:1a. WHEREAS,in order to construct the new sewer connection,the Cal Club will be required to obtain an encroachment permit with special conditions regarding replacement of landscape; and WHEREAS,staff recommends approval of the Agreement to be executed with the property owner of 844 West Orange Avenue and 95 Westborough Boulevard (APN 013-250-080). NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves an Outside Sewer Service Agreement,attached hereto and incorporated herein as Exhibit A, to be executed with the property owner at 844 West Orange Avenue and 95 Westborough Boulevard (APN 013- 250-080). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement in Exhibit A on behalf of the City of South San Francisco and to make minor amendments and modifications thereto that do not substantially alter the terms of the agreement or increase the City’s obligations,subject to approval by the City Attorney, and to record the agreement in the San Mateo County official records upon execution. BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and adoption. ***** City of South San Francisco Printed on 12/30/2020Page 2 of 2 powered by Legistar™ 3610887.1 Recorded at the Request of, And Return to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 With a copy to: San Mateo LAFCo 455 County Center, 2nd Floor Redwood City, CA 94063 Exempt from Recording Fees Per G.C. secs. 6103, 27383 Re: APN: 013-250-080 OUTSIDE SEWER SERVICE AGREEMENT RECITALS WHEREAS, the City of South San Francisco, California, a municipal corporation (“City”) owns and operates public sewer facilities within its boundaries; and, WHEREAS, California Golf Club (“Owner”) is the owner of property located at 844 West Orange Avenue, South San Francisco, CA 94080, County of San Mateo (“Parcel”), which property is outside the boundaries of the City and is therefore not entitled to connect to or use City’s sewer facilities, but is within the City’s Sphere of Influence as defined under state law; and, WHEREAS, the property is identified as APN 013-250-080 by the San Mateo County Assessor; and, WHEREAS, Owner desires the Parcel to receive increased sewer services from the City; and, WHEREAS, City has agreed to allow such sewer connection and provide sewer services subject to the terms and conditions of this Outside Sewer Services Agreement (“Agreement”), and the Parcel’s receipt of such service is also acknowledged by the San Mateo Local Agency Commission (LAFCo); and, WHEREAS, the previously approved and current flow for the Parcel was based on the existing two main structures as of September 2019 at approximately 34,800 square feet and 6,850 square feet; and WHEREAS, Owner has proposed to increase the sewer flow for the Parcel to accommodate the new maintenance facility at 95 Westborough Boulevard which is within the same Parcel, and the increase in sewer flow requires approval from the City in order for the Parcel to receive such service; and 3610887.1 WHEREAS, the City has agreed to allow the increase in sewer flow and additional service to the Parcel subject to the terms and conditions of this Outside Sewer Services Agreement (“Agreement”), including but not limited to Owner agreeing and covenanting that, upon a petition for annexation to the City, to waive its statutory right of protest to such annexation in the event the Parcel were to be proposed for annexation to the City; and WHEREAS, Owner desires to evidence such agreement and waiver as aforesaid; and WHEREAS, Owner understands that any future annexation to the City is subject to any and all City rights and determinations, whether legislative, quasi-judicial, administrative, or however characterized, with respect to any proposed annexation of the Parcel to the City. Now, therefore, City and Owner agree as follows: AGREEMENT Owner is hereby authorized to connect to City’s sewer line, located within the right of way at the intersection of Westborough Boulevard and West Orange Avenue, subject to the following conditions: 1. Non-Opposition to Future Annexation. In the event the Parcel shall be proposed for annexation to the City, Owner agrees to waive Owner’s rights to protest such annexation pursuant to the provisions of law governing such annexations. a. Consideration of Proposed Zoning Designations. The City acknowledges that Owner currently operates a private golf club on the Parcel and may desire to make improvements or expansion consistent with or in furtherance of that current use. Owner has proposed to the City certain desired General Plan and zoning designations, as follows: · General Plan Designation: Private Recreation · Zoning Designation: Planned Development/Private Recreation (Golf Course and all associated normal and customary uses). The City is currently engaged in its General Plan 2040 update process which will update its current General Plan and zoning regulations. As such, the City agrees to consider and evaluate the above proposed designations during the General Plan 2040 update process, or at the time the Parcel is proposed for annexation to the City if proposed prior to the adoption of General Plan 2040. However, the City cannot guarantee or commit to designate the Parcel in accordance with any of the above proposed designations or to designate the Parcel in any particular manner except that the City will permit the Parcel to continue its current and consistent future uses as legal nonconforming uses if the Parcel is designated differently from the proposals above or from its designation in the current General Plan. The City and Owner specifically acknowledge that determination of the final General Plan Land Use and zoning designation for the Parcel is a legislative act and subject to the City’s independent evaluation process, and be subject to the discretion and approval of the City Council at the time of the adoption of the City’s 2040 3610887.1 General Plan or at the time the Parcel is proposed for annexation if earlier. Owner’s waiver of objection to or protest to annexation is conditioned upon this paragraph. b. Taxes or Other Charges. In the event annexation of the Parcel to the City shall be duly approved by all agencies having jurisdiction thereof, Owner agrees that the Parcel shall be subject to any and all general, special, extraordinary, or additional taxes or assessments, or any and all general, special extraordinary, or additional service charges, fees, or rates, levied against, imposed upon, or otherwise pertaining to the Parcel by any and all agencies, including the City, having jurisdiction thereof in the same fashion as other like property located within the territorial limits of the City. 2. Improvements in the Event of Annexation. If a request for annexation is approved by the San Mateo Local Agency Commission (“LAFCo”) the Parcel is annexed to the City of South San Francisco, Owner, on behalf of themselves, their successors and assigns, agrees to comply with either of the following conditions: a. Design and construct public improvements including sidewalk, curb and gutter improvements for the Parcel’s frontage along Ponderosa Road. Accordingly, Owner shall, upon the request of City an in a form provided by the City, execute a subsequent Deferred Improvement Agreement guaranteeing the construction of such public improvements and compliance with other permitting, security, and regulatory requirements for constructing the improvements. A form Deferred Improvement Agreement template is attached to this Agreement as Exhibit A and incorporated herein by this reference; or alternatively, at Owner’s sole option: b. Pay, within fifteen (15) days of LAFCo approval of the proposal to annex the Parcel into the City, for the design and construction of public improvements including, but not limited to, sidewalk, curb and gutter improvements for the Parcel or immediate neighborhood improvements as determined by the City in its sole discretion, by paying a one-time charge, hereafter called a “public improvements fee,” for the purpose of funding construction of said improvements. As an example, the public improvements fee may be used to fund sidewalk, curb and gutter improvements from the property to the centerline of the street or roadway, covering one-half of the street or roadway, or may be used to construct other public improvements in the immediate neighborhood as determined by the City in its sole discretion. The cost for constructing such public improvements for the Parcel or the immediate neighborhood, such as constructing a sidewalk, driveways, curbs, gutters, two-inch grind overlay to the centerline, design costs, and contingency for a property is estimated to be $285 per foot, and the cost of constructing said improvements is estimated to be $325,000. Owner’s contribution shall be $325,000.00 and adjusted proportionately by the increase based on the Engineering News-Record Construction Cost Index for San Francisco from September 2020 to the month and year that LAFCo approves the proposal to annex the Parcel into the City. 3. Additional Conditions. Owner agrees to comply with the following conditions: a. Encroachment Permit for Sewer Connection. Owner shall be required to obtain an encroachment permit from the City prior to connecting to the City’s sewer system and 3610887.1 comply with the conditions of the permit, including a condition to restore any disturbed or destructed landscape on City property in the course of the connection work, in accordance with City-approved restoration plan. b. Westborough Frontage Landscape. In conjunction with the Parcel’s new maintenance facility, Owner has planted certain Podocarpus macrophyllus trees (commonly referred to as Yew pine) in a dense hedgerow along the Parcel’s fence between the new maintenance facility and Westborough Boulevard. This hedgerow, among other things, serves and screening for the new maintenance facility and traffic on Westborough Boulevard. For this purpose, Owner agrees to maintain said hedgerow no shorter than sixteen (16) feet tall at all times after maturity to maintain the landscape screening along the Westborough frontage. 4. Owner agrees to pay a one-time sewer connection fee and sewer services fee as follows: a. Owner will be charged, and shall pay, (1) a one-time sewer connection fee of $16,359.40; and (2) an annual sewer service charge, both under then-applicable schedules of rates and charges, as may be amended from time to time. b. Should Owner fail or refuse to pay the sanitary sewer charges required herein on or before the due date, the City may elect to collect said charges by commencement of a suit within 30 days after demand for payment and Owner shall pay all costs of the suite and reasonable attorney’s fees incurred therewith. As an alternative remedy, the City may require Owner to disconnect from the City’s sanitary sewer system at Owner’s sole cost and expense. 5. The sewer connection and subsequent service provided under this Agreement is limited to existing legal lots of record as of May 1, 2020, or lots existing on the Parcel as of the date of this Agreement, whichever is fewer. City is under no obligation to provide additional hookups or service to subsequently created lots on the Parcel. This requirement is not intended to prohibit a lot line adjustment, so long as it does not result in creation of lots exceeding in the number of lots which existed on the Parcel on May 1, 2020, or lots existing on the Parcel as of the date of this Agreement, whichever is fewer. 6. The Owner shall pay for all City costs in connection with preparing and processing this Agreement, and with processing the Owner’s application for sewer services. The Owner shall deposit with the City $6,690 to cover the staff costs prior to recordation of the Agreement by the County of San Mateo. The deposit shall not be refundable if Owner decides not to proceed with obtaining the additional sewer service from the City after making the deposit. 7. Owner shall conform to the current City standards for sewer lateral construction, maintenance and inspection including those set forth under South San Francisco Municipal Code Chapter 14.14, most currently in effect and as may be amended from time to time, between the City main and the Parcel. Owner shall be responsible for the costs necessary to perform any inspections, testing, repairs, reconstruction, replacement, and/or clean out installation as required by the City Engineer to conform the sewer lateral to current City standards. 8. For all future developments and constructions on the Parcel, Owner agrees to conform to the relevant height, aircraft noise, and safety policies and compatibility criteria contained in the most 3610887.1 recently adopted version of the San Mateo County Comprehensive Airport Land Use Plan for the environs of San Francisco International Airport. 9. Owner shall and does hereby agree to hold the City, its officers, agents and employees free and harmless from any claim or action arising out of this Agreement, and the said connection to the City’s sanitary system and/or the connection into the City’s sanitary sewer system, and owner shall and does hereby agree to defend any or all such claims and actions and to indemnify the City for any losses sustained as a result thereof. 10. The covenants and conditions contained in this Agreement shall inure to the benefit of and bind the respective parties hereto and their successors, heirs, assigns, and transferees, and all covenants shall apply to and run with the land. 11. City and Owner agree that a copy of this Agreement shall be recorded with the County recorder of San Mateo County to give constructive notice of its terms, and that this Agreement shall not be effective until such recording. 12. This Agreement represents the final expression of the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 13. CAPTIONS. Paragraph headings as used herein are for convenience only, and shall not be deemed to affect the meaning or intent of the paragraph headed thereby. IN WITNESS WHEREOF, The parties have executed this Agreement, as of the date set forth below. 3610887.1 CITY OF SOUTH SAN FRANCISCO ___________________________________ Charles Michael Futrell, City Manager ATTEST ___________________________________ Rosa Acosta, City Clerk APPROVED AS TO FORM ___________________________________ City Attorney PROPERTY OWNER(S) ____________________________________ (signature) ______________________, Property Owner (printed name) ____________________________________ (signature) ______________________, Property Owner (printed name) Recorded at the Request of, and Return to: Exempt from Recording Fees per G.C. secs. 6103, 27383 Re: APN: ____________________________ DEFERRED IMPROVEMENT AGREEMENT FOR OUTSIDE SEWER SERVICES This Deferred Improvement Agreement (“Agreement”) is made and entered into this ________ day of ______________, 2019 (“Effective Date”), by and between City of South San Francisco (hereinafter the "City"), and______________ (hereinafter "Owner"). The City and the Owner are collectively referred to herein as the “Parties.” R E C I T A L S A.Owner owns certain real property located in the City of South San Francisco, County of San Mateo, State of California, commonly referred to as APN: _______________. The parcel is hereinafter referred to as the “Subject Property”. B.The Subject Property is outside the boundaries of the City and is therefore not entitled to connect to or use City’s sewer facilities, but it is within the City’s sphere of influence as defined by state law. C.The Owner desires to utilize the Subject Property’s existing sewer connection in order to receive sewer services from the City, and the City and Owner have executed an Outside Sewer Service Agreement, attached hereto and incorporated as Exhibit A. D.A condition pursuant to the Outside Sewer Service Agreement for the Subject Property require the Owner to complete the following public improvements: _________________________________________________________________________ (hereinafter the “Improvements”) upon annexation of the Subject Property to the City. Owner shall be responsible for the cost of designing and constructing the Improvements when requested by the City as outlined in Section 2 below. E.City requires Owner to enter into this Agreement to ensure that the Improvements shall be designed and constructed by Owner pursuant to the terms hereof upon annexation of the Subject Property to the City. City also requires Owner to obtain all EXHIBIT A necessary permits for access and construction of the Improvements, and to enter into any other necessary agreements to allow for the construction of the Improvements. F. Owner is willing to enter into this Agreement to design and construct the Improvements at a later date upon annexation of the Subject Property to the City, and under the terms and conditions set forth herein. A G R E E M E N T NOW, THEREFORE, BE IT AGREED as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated into this Agreement by this reference. 2. IMPROVEMENTS TO BE CONSTRUCTED. Owner agrees to design and construct or cause to be constructed the Improvements outlined in Recital D above. The Improvements shall conform to all applicable local, state and federal laws, and standards in effect at the time of construction, and shall be completed in a manner satisfactory to the City Manager or designee. 3. TIME OF CONSTRUCTION. Owner’s obligation to design and construct or cause to be constructed the Improvements shall commence upon a request for annexation is approved by the San Mateo Local Agency Commission (“LAFCO”) and the Subject Property is annexed to the City of South San Francisco. Upon annexation of the Subject Property, Owner shall design and construct or cause to be constructed the Improvements within the time set forth in a written demand from the City Manager or designee, who shall have the sole and exclusive right and power to determine the date at which construction of the Improvements shall commence and be completed; provided, however, that Owner shall be given at least _____ days after notification to complete the work. 4. COST OF CONSTRUCTION. The Improvements shall be designed and constructed at the sole cost and expense of Owner, and Owner shall pay such connection, inspection, and other fees as shall at the time be required by any ordinance and resolutions of the City. The total estimated cost of construction is _______________ ($______________), which includes costs of constructing the Improvements and for inspection, testing, permits, and City administration. 5. APPROVAL BY THE CITY. All work required under this Agreement shall be subject to inspection by the City and shall not be deemed complete until the City has indicated in writing that the Improvements have been completed in a satisfactory manner and in accord with all applicable local, state, and federal standards then in effect. Notwithstanding the foregoing, City inspection, approval or acceptance of the Improvements shall not relieve the Owner of its obligations to fulfill this Agreement as provided herein, nor shall the City be estopped from bringing any action for damages arising from Owner’s failure to comply with the terms and conditions of this Agreement. 6. ONE YEAR REPAIR AND WARRANTY PERIOD. For a period of one year from the date the City approves the completed Improvements, Owner agrees to maintain the Improvements and repair any defects or unsatisfactory work to the reasonable satisfaction of the City Engineer. The City shall provide written notice of any repair or correction work which, in the reasonable opinion of the City Engineer, must be completed. If within the one- year period Owner fails, refuses or neglects to complete any such repairs or corrections within 30 days of receipt mailing by Owner of written notice from the City, or such reasonably longer period if the repair or correction work cannot be reasonably completed within such 30 day period, the City may complete the work and recover the reasonable cost and expense of doing so from Owner, including proceeding against the security posted by Owner as required in section 6 below. 7. SECURITY a. Owner will be required, prior to commencing construction of the Improvements and at the sole discretion of City, to execute and deliver to City the following bonds: (1) Faithful Performance Bond. Owner shall submit a corporate surety bond in the amount of 100% of the total estimated cost of construction of the Improvements indicated in Section 3, guaranteeing the faithful performance of this Agreement. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. Any additions, alterations or modifications to this Agreement or the plans and specifications including any extension of time within which the Improvements may be completed, shall not release or exonerate the surety(ies) on the bond. (2) Labor and Materials Bond. Owner shall submit a corporate surety bond in the amount of 100% of the total estimated cost of construction of the Improvements as indicated in Section 3, guaranteeing the payment of all persons for labor or materials furnished in the construction of the Improvements. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. (3) Maintenance Bond. Before the City’s acceptance of the Improvements, Owner shall deposit with the City either cash or an acceptable corporate surety bond in the amount of 50% of the estimated cost of construction of the Improvements indicated in Section 3, as security for maintenance of the Improvements and to guarantee the Improvements against any defective work or labor done, or defective materials used in the work. b. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys’ fees, incurred by the City in enforcing the obligations secured. 8. OWNER'S WARRANTY. The undersigned warrants to City that Owner is the sole titleholder to the Subject Property, and that the signatory is authorized to execute this Agreement on behalf of the Owner. 9. ENCROACHMENT PERMIT; OTHER PERMISSIONS; PREVAILING WAGES. a. Encroachment permit. For any work done in the public right-of-way, Owner shall obtain an encroachment permit from the City and shall, at its sole cost, furnish the City with the required certificates of insurance and endorsements for review and approval by the City before the start of any work, and shall maintain insurance throughout the duration of the Agreement. Owner will obtain any and all other permits that may be required to complete the Improvements, including, but not limited to, permits from __________________. b. Prevailing wages. If it is determined that Owner is required to pay prevailing wages for the work performed under this Agreement, the Owner shall pay all penalties and wages as required by law. 10. HOLD HARMLESS. To the fullest extent permitted by law, Owner shall hold harmless and, upon request, promptly and fully protect, defend and indemnify City and its officers, agents, and employees from any liability or claims, including any actions at law or equity, for personal injury, including death, to any person or damage to any property arising out of the acts or omissions of Owner or of any officer, agent or employee of Owner or any contractor or subcontractor of Owner during (i) the construction or subsequent use of the Improvements, or (ii) caused in whole or in part by any activity authorized or required by this Agreement, or the performance or nonperformance of the work. 11. DEFAULT. a. Owner shall be deemed to be in default of this Agreement if Owner or any officer, agent or employee of Owner fails to comply with any of the provisions of this Agreement and to remedy such failure within ten (10) calendar days of receipt of written notice from City specifying the nature of such failure. The determination as to whether such default has occurred shall be made by the City Manager or designee. b. If the default relates to a failure of Owner to complete the Improvements in accordance with the terms of this Agreement, City may, after first giving the Owner at least ten (10) days prior written notice of its intent to do so, elect to construct or arrange for the construction of the Improvements on behalf of and at the expense of Owner. Should City elect this option, City shall be entitled to recover from Owner the actual cost to City of completing the Improvements, plus an administrative fee of 5% of the actual cost. City shall make a written demand for such costs and fee on or after the time the Improvements are deemed complete. In the event Owner fails to pay the costs and fee so demanded within ten (10) days of receipt of the demand, the amount of the costs and fee shall become a personal obligation of the Owner and a lien against the Subject Property. City may enforce such a lien by judicial foreclosure or any other proceeding authorized by law. If the Subject Property is subdivided at the time the lien is imposed, the amount of the lien shall be divided proportionately among the various parcels. c. In the event that City serves a notice of default upon Owner’s surety, Owner’s surety shall have the duty to take over and complete the Improvements herein specified; provided, however, that if the surety, within five (5) days after such notice by City fails to provide City with a written acknowledgment that the surety will take over and complete such Improvements, then by further written notice to the surety by City, City may elect to take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of the Owner and Owner's surety. Owner and Owner's surety shall be liable to the City for any cost or damages occasioned City thereby, including those costs and reasonable expenses including attorneys’ fees; and in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plans and other property belonging to Owner as may be on the site of the work and necessary therefore. 12. ATTORNEY FEES. Should it become necessary for either party hereto to institute legal action against the other to enforce any part of this Agreement or any lien arising thereunder, all reasonable costs and expenses incurred by the prevailing party in successfully enforcing this Agreement or lien shall be paid by the non-prevailing party, including reasonable attorney fees. All such costs, expenses and fees shall be taxed as costs and included in any judgment rendered, and may also become a lien on the Subject Property. 13. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. The provisions of this Agreement are for the benefit of the Subject Property as well as for the protection of the health, safety, and welfare of the residents of the City. For this reason, such provisions are intended to bind, and shall bind the heirs, executors, administrators, grantees and any other assignees or successors in interest of the Owner; and any burden imposed by such provisions shall run with the Subject Property. 14. RECORDATION. Immediately following execution, this Agreement shall be recorded by City in the Official Records of the County Recorder of the County of San Mateo. 15. NOTICES. All notices given by City to Owner pursuant to Paragraphs 2 and 10 of this Agreement shall be by personal service or sent by certified or registered mail, return receipt requested, with delivery restricted to addressee only. The date of delivery on the return receipt shall be conclusive upon all parties to this Agreement. All other notices, demands, requests, consents, approvals or communications that either party desires or is required by this Agreement to give to the other shall be in writing and either served personally or sent by prepaid, first-class mail. Notice mailed in this manner shall be conclusively deemed communicated within forty-eight (48) hours from time of mailing. Either party may change its address by notifying the other party in writing. Until notification of such change has been received, all notices sent under this Paragraph shall be addressed as follows: Owner: xxx Attn: xxx xxx xxx City: City of South San Francisco Attn: xxx xxx 16. INTERPRETATION. The parties agree that they have carefully reviewed this Agreement, have consulted independent counsel if they saw fit or have independently elected not to do so. The doctrine that any ambiguities in a contract are to be resolved against the drafting party, shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. This Agreement shall be interpreted and construed according to the domestic laws of the State of California, without regard to the choice of law doctrine. 17. SEVERABILITY. If any part, term, or provision of this Agreement is held by any court to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 18. MODIFICATION. This Agreement may be modified or amended only with the prior written consent of the parties, or their successors in interest. Such modifications and amendments shall be executed with the same formality as this Agreement, shall be recorded, and shall be interpreted as provided in this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective on the date of execution, which shall be deemed to be the date first written above. 20. QUITCLAIM DEED. Upon performance of Owner’s obligations under this Agreement, City agrees, if requested by Owner, to execute, acknowledge and deliver a quitclaim deed to Owner within thirty (30) days after performance and to execute, acknowledge and deliver any other documents required by any title company to remove the cloud of this Agreement from the title to the Subject Property. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement on the date hereinafter indicated. [SIGNATURES ON THE FOLLOWING PAGE] CITY ____________________________________ Charles Michael Futrell, City Manager ATTEST ____________________________________ Rosa Acosta, City Clerk APPROVED AS TO FORM ____________________________________ City Attorney Owner ____________________________________ [NAME], Property Owner 3380057.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-737 Agenda Date:10/28/2020 Version:1 Item #:2. Report regarding a resolution to approve the final map for condominium purposes for 645 Baden Avenue,and authorize the recordation of the final map and all related documents.(Jason Hallare, Senior Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution to approve the final map for condominium purposes for 645 Baden Avenue,and authorize the recordation of the final map and all related documents. BACKGROUND/DISCUSSION On July 10,2019,the City Council approved an entitlements request by Baden Condos LLC (“Developer”)to construct 8 condominium units.The project is located at and referred to as 645 Baden Avenue (APN 012-232- 140)which is on Baden Avenue between Orange Avenue and Magnolia Avenue.A location and site overview plan are shown in Attachment 1. The City of South San Francisco (“City”)is working extensively with the Developer to ensure that the Developer reaches the construction milestone as quickly as possible.The Developer has completed several building permit submittals and is anticipating approval of the building permit shortly.Prior to the issuance of a building permit for the Developer to begin vertical construction,the Developer will be required to execute an Encroachment and Maintenance Agreement with the City to install certain improvements within the City ROW and to require the Developer to maintain all landscape along the frontage of the property.This agreement requirement is also incorporated as a part of the conditions of approval for the project. Final Map The City Engineer and the City’s technical reviewer,with concurrence of all affected City departments and divisions,have determined that the final map for 645 Baden Avenue (“Final Map 2018-0003”),described in Exhibit A of the attached resolution is in compliance with the Subdivision Map Act,the City’s Subdivision Ordinance, and all applicable conditions of approval for said development. FISCAL IMPACT Approving the parcel map will have no fiscal impact on the City. RELATIONSHIP TO STRATEGIC PLAN Approval of this parcel map will promote a balanced mix of housing options in SSF Priority Area 2,Initiative 2.3. CONCLUSION It is recommended that the City Council adopt a resolution to approve the parcel map for 645 Baden Avenue, and authorize the recordation of the parcel map and all related documents. City of South San Francisco Printed on 10/22/2020Page 1 of 2 powered by Legistar™ File #:20-737 Agenda Date:10/28/2020 Version:1 Item #:2. Attachments: 1. Vicinity Map 2. Proposed Improvements City of South San Francisco Printed on 10/22/2020Page 2 of 2 powered by Legistar™ ATTACHMENT 1 - VICINITY MAP * 1 2 3 4 5 18 x 7" = 10'-4 1/2"1 2 3 4 5 18 x 7" = 10'-4 1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7 1/2" = 10'-3 1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7 1/2" = 10'-3 1/2"12345678910 11 121314151617 17 x 7 1/2" = 10'-3 1/2" A A B B C C D D 11 33 22 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7 1/2" = 10'-3 1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7 1/2" = 10'-3 1/2"12345678910 11 121314151617 17 x 7 1/2" = 10'-3 1/2" A A B B C C D D 11 33 22 BEDROOM 1 PRIVATE GARAGE (ACCESSIBLE PARKING BATH 1 ENTRY ENTRY MASTER BATH ENTRY GARAGE BEDROOM 1 PRIVATE GARAGE (ACCESSIBLE PARKING) BATH 1 ENTRY ENTRY MASTER BATH ENTRY GARAGE UNIT 1 (Ground Floor Adaptable) UNIT 3 UNIT 2UNIT 4 UNIT 6UNIT 7 UNIT 5 (Ground Floor Adaptable) UNIT 8 MASTER BEDROOM KITCHEN LIVING MASTER BEDROOM KITCHEN LIVING BADEN STREET CROSS SECTION * 1 2 3 4 5 18 x 7" = 10'-4 1/2"1 2 3 4 5 18 x 7" = 10'-4 1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7 1/2" = 10'-3 1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7 1/2" = 10'-3 1/2"12345678910 11 121314151617 17 x 7 1/2" = 10'-3 1/2" A A B B C C D D 11 33 22 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7 1/2" = 10'-3 1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7 1/2" = 10'-3 1/2"12345678910 11 121314151617 17 x 7 1/2" = 10'-3 1/2" A A B B C C D D 11 33 22 BEDROOM 1 PRIVATE GARAGE (ACCESSIBLE PARKING BATH 1 ENTRY ENTRY MASTER BATH ENTRY GARAGE BEDROOM 1 PRIVATE GARAGE (ACCESSIBLE PARKING) BATH 1 ENTRY ENTRY MASTER BATH ENTRY GARAGE UNIT 1 (Ground Floor Adaptable) UNIT 3 UNIT 2UNIT 4 UNIT 6UNIT 7 UNIT 5 (Ground Floor Adaptable) UNIT 8 MASTER BEDROOM KITCHEN LIVING MASTER BEDROOM KITCHEN LIVING GRADING LEGEND GRADING NOTES PLANTING LEGENDCALLOUTSYMBOL BOTANICAL NAME COMMON NAMETREEMELQUI MELALEUCA QUINQUENERVIAARCHUR ARCTOSTAPHYLOS 'DR HURD'SHRUBSESCMAR ESCHSCHOLZIA SSP. MARITIMAACHMIL ACHILLEA MILLEFOLIUM ' SONOMA COAST'ANIGOL ANIGOZANTHOS ' GOLD BUSH'LOMLON LOMANDRA LONGIFOLIA 'BREEZE'MYRCOM MYRTUS COMMUNIS 'COMPACTA'CEASKY CEANOTHUS 'SKYLARK'GROUND COVERSFESRUB FESTUCA RUBRA 'MOLATE'ARCEDM ARCTOSTAPHYLOS EDMUNDSII 'BERT JOHNSON'MEL QUI3MEL QUI1ACR HUR1HDRHDR,TYPHDRIN POTSUNIT 2GARAGEUNIT 4GARAGEUNIT 4UNIT 3GARAGEBUILDING AUNIT 3UNIT 2UNIT 1(ACCESSIBLE)UNIT 5(ACCESSIBLE)UNIT 6GARAGEBUILDING BUNIT 7GARAGEUNIT 8GARAGEUNIT 8UNIT 7UNIT 6 Scale:Checked by:Drawn by:Project Number:Date:645 BADEN AVE SOUTH SAN FRANCISCO, CA 94080Date:04/17/202018dw284CK/KBAPAs NotedIssue:CLIENT:04/17/2020BUILDING PERMITCYCLE 107/24/2020PLAN CHECK 1PLANTING PLANL2.1SCALE: 1/8" = 1'- 0"04'8'16'PLANTING KEY: City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-738 Agenda Date:10/28/2020 Version:1 Item #:2a. Resolution to approve the final map for condominium purposes for 645 Baden Avenue,and authorize the recordation of the final map and all related documents. WHEREAS,on July 10,2019,the City Council approved an entitlements request by Baden Condos LLC (“Developer”) to construct 8 condominium units; and WHEREAS,the project is located at and referred to as 645 Baden Avenue (APN 012-232-140)which is on Baden Avenue between Orange Avenue and Magnolia Avenue; and WHEREAS,the City Engineer and the City’s technical reviewer,with concurrence of all affected City departments and divisions,have determined that the final map for 645 Baden Avenue (“Final Map 2018-0003”), described in Exhibit A of the attached resolution is in compliance with the Subdivision Map Act,the City’s Subdivision Ordinance, and all applicable conditions of approval for said development; and WHEREAS, Final Map 2018-0003 will allow for the 8 condominiums on the property; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco: 1. Approves the final map for 645 Baden Avenue; and 2. Authorizes recordation of the final map for 645 Baden Avenue and all related documents; and 3.Authorizes the City Manager to execute any other documents or to take any other action consistent with the intent of this Resolution, subject to approval as to form by the City Attorney. Exhibit: A - Parcel Map 2018-0003 ***** City of South San Francisco Printed on 12/30/2020Page 1 of 1 powered by Legistar™ SYEVRURONAEDLC E NSLI DAINROFIACFOETTALS ENGINEERSSURVEYORSPLANNERS//BKF NO. 20181082SHEET 1 OF 2 SHEETS**********************************************************************************************************DATED: OCTOBER 2020 1" = 80'0408016060'60'30'30'30'30'60'53.73'(C)6.29'(C)ENGINEERSSURVEYORSPLANNERS//BKF NO. 20181082SHEET 2 OF 2 SHEETS**********************************************************************************************************DATED: OCTOBER 2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-806 Agenda Date:10/28/2020 Version:1 Item #:3. Report regarding a resolution approving and authorizing the City Manager to execute a Federal Cost Sharing Agreement with the Department of the Army for the Preliminary Design of the Water Quality Control Plant Sea Level Rise Project (SS1802) in the amount projected to be $510,000.(Jason Hallare, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving and authorizing the City Manager to execute a Federal Cost Sharing Agreement with the Department of the Army for the Preliminary Design of the Water Quality Control Plant Sea Level Rise Project (SS1802)in the amount projected to be $510,000. BACKGROUND/DISCUSSION The Colma Creek watershed,which flows through the southern part of the City of South San Francisco (“City”) into the San Francisco Bay,contains residential neighborhoods that have been severely flooded,habitat for threatened and endangered species,and substantial public infrastructure.The South San Francisco San Bruno Water Quality Control Plant (“WQCP”)is a critical infrastructure asset that treats wastewater for residents and businesses in South San Francisco,San Bruno,Colma,and Daly City and serves as a shared final effluent pump station for Millbrae,Burlingame,and San Francisco International Airport.The WQCP is vulnerable to flooding as identified in the 2018 San Mateo County Sea Level Rise Vulnerability Assessment (Attachment 1)and by observations during King Tide and rainfall events.The power distribution within the WQCP is an essential, critical, and sensitive component that may lose power even in minor flooding. In September 26,2018,the City requested assistance from the United States Army Corps of Engineers (“Army Corps”),part of the United States Department of the Army,under Section 205 of the Flood Control Act of 1948. For the feasibility study,the City confirmed an understanding to cost sharing of 50%of the feasibility study costs exceeding $100,000. In August 27,2019,the Army Corps completed their Federal Interest Determination Report and recommended that the Army Corps proceed with the feasibility study under the Continuing Authorities Program (CAP) Section 103,as part of the River and Harbor Act of 1962.The Feasibility Study and the rest of the CAP Section 103 project will be managed by the Army Corps with the City as the non-Federal sponsor. The CAP Section 103 feasibility study phase will include the Project Management Plan,environmental clearance,alternatives cost/benefit analysis,and final recommendation to the City.The Army Corps will provide the City with a recommended alternative to which the City may agree with or choose a different studied alternative.The City will have to pay all additional costs if the City chooses a different alternative than the one recommended by the Army Corps.After the feasibility study phase will be the design and implementation phase which consists of the design and construction of the chosen alternative.A guide to the Army Corps CAP process is provided in Attachment 2. The first step of the feasibility phase is to execute the Federal Cost Sharing Agreement (“FCSA”).In preparation of the FCSA,the Army Corps estimated that the feasibility study’s cost share for the City would be City of South San Francisco Printed on 10/22/2020Page 1 of 2 powered by Legistar™ File #:20-806 Agenda Date:10/28/2020 Version:1 Item #:3. approximately $510,000. FISCAL IMPACT The Army Corps has estimated that the City’s portion of the shared cost of the feasibility study would be approximately $510,000.The City has appropriated $1,003,572 to the Project SS1802 as part of the City’s Capital Improvement Program budget using Sewer Enterprise funds and San Bruno Sewer Funds.The current Project funding budget is sufficient to cover the approximate City obligation for the FCSA. RELATIONSHIP TO STRATEGIC PLAN Approval of the FCSA,allowing the project to continue with the feasibility study,will further progress toward the Priority Area 2 Quality of Life by protecting sewer service to the City’s residents and businesses. CONCLUSION Staff recommends that City Council approve and authorize the City Manager to execute a Federal Cost Sharing Agreement with the Department of the Army for the Preliminary Design of the Water Quality Control Plant Sea Level Rise Project (SS1802)in the amount projected to be $510,000.This would allow City staff and the Army Corps to proceed with the next phase of the project. Attachments: 1. San Mateo County Sea Level Rise Vulnerability Assessment Excerpts 2. Army Corps CAP Process 3. Presentation City of South San Francisco Printed on 10/22/2020Page 2 of 2 powered by Legistar™ COUNTY OF SAN MATEO SEA LEVEL RISE VULNERABILITY ASSESSMENT FINAL REPORT PUBLISHED MARCH 2018 This report was completed with funding from the California State Coastal Conservancy. CHAPTER 2 | METHODOLOGY AND APPROACH ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !! ! ! Redwood City Pacifica San Mateo Daly City Menlo Park Belmont San Bruno Woodside San Carlos Millbrae Burlingame Colma Atherton Hillsborough Half Moon Bay Foster City Brisbane North Fair Oaks East Palo Alto Montara El Granada Moss Beach Princeton South San Francisco 9 5 4 8 6 3 1 2 7 17 18 21 16 14 29 25 13 10 15 23 30 27 26 20 19 22 24 12 11 28 ¯ 0 3 61.5 1 INCH= 3 MILES Figure 2.4 Map of 30 Assets Service Layer Credits: Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community LEGEND !Asset Vulnerability Profiles Sea Level Rise (SLR) Scenarios Baseline Scenario (1% annual chance storm)* Mid-Level Scenario (Baseline + 3.3 feet SLR) High-End Scenario (Baseline + 6.6 feet SLR) Future Erosion Note on erosion modeling: Erosion modeling used in this study does not consider shoreline armoring due to a lack of information on the condition and life expectancy of existing structures.The 2009 Philip Williams and Associates study recognizes that future shoreline protection is likely in general but could not predict where and how these would appear. In this case, developing predictive erosional models is impractical and exceedingly difficult. *1% annual chance storm is a storm that has a 1 in 100 chance of occurring in any given year, and on the Bayside generally results in about a 42 inch increase of total water levels. On the Coastside, the water level increase could be greater due to wave action. 1. California Coastal Trail 2. Sewer Authority Mid-Coastside Wastewater Treatment Plant 3. State Route 1 4. Fitzgera ld Marine Reserve 5. Linda Mar Pacifica State Beach 6. Mussel Rock Closed Landfill 7. Half Moon Bay Closed Landfill 8. Pump Station Number 4 9. Highway 101 10. Millbrae Intermodal Station 11. Highline Canal Tide Gate 12. Old Bayshore Highway and Airport Blvd 13. S an Mateo Police Station 14. S ilicon Valley Clean Water Wastewater Treatment Plant 15. S amTrans North Base Maintenance Facility 16. S an Carlos Airport 17. P ort of Redwood City 18. K aiser Permanente Redwood City Medical Center 19. S R 84 - HWY 101 Interchange 20. E ast Palo Alto 21. Life Moves Maple Street Shelter 22. Ravenswood Ponds 23. S an Bruno Water Quality Control Plant 24. F oster City Levee 25. F oster City Corporation Yard 26. B aysid e S.T.E.M. Academy 27. B each Boulevard Seawall 28. Mirada Road 29. B elmont Corporation Yard 30. P acifica Nursing & Rehab Center This map is intended to improve sea level rise awareness and preparedness by providing a regional-scale illustration of inundation and coastal flooding due to specific sea level rise and storm surge scenarios. This map is not detailed to the parcel-scale and should not be used for navigation, permitting, regulatory, or other legal uses. Figure 2.4 Map of 30 Assets Approval Process for USACE Studies Under the Continuing Authorities Program AFB/MDM The Continuing Authorities Program (CAP) is a group of nine legislative authorities under which the USACE can plan, design, and  implement certain types of water resources projects without additional project specific congressional authorization. The purpose of  the CAP is to plan and implement projects of limited size, cost, scope and complexity.  Section 14, Flood Control Act of 1946, as amended Streambank and shoreline erosion protection of public  works and non‐profit public services Section 103, River and Harbor Act of 1962, as amended Beach erosion and hurricane and storm damage reduction Section 107, River and Harbor Act of 1960, as amended Navigation improvements Section 111, River and Harbor Act of 1968, as amended Shore damage prevention or mitigation caused by Federal  navigation projects Section 204, WRDA of 1992, as amended Beneficial uses of dredged material Section 205, Flood Control Act of 1948, as amended Flood control Section 206, WRDA of 1996, as amended Aquatic ecosystem restoration Section 208, Flood Control Act of 1954, as amended Removal of obstructions, clearing channels for flood control Section 1135, WRDA of 1986, as amended Project modifications for improvement of the environment WQCP SEA LEVEL RISE PROJECT FEDERAL COST SHARING AGREEMENT OCTOBER 28, 2020 U.S. Army Corps of Engineers (San Francisco District) WQCP SLR Project –Federal Cost Sharing Agreement AGENDA •WQCP Sea Level Rise Vulnerability •USACE CAP 103 Program •Federal Interest Determination •Federal Cost Sharing Agreement •Project Budget and Roadmap 2 WQCP SLR Project –Federal Cost Sharing Agreement 3 WQCP SLR VULNERABILITY N N 1% ACE Event 1% ACE Event + 2075 Sea Level Rise WQCP SLR Project –Federal Cost Sharing Agreement Feasibility Phase Design & Implementation Phase 4 USACE CAP 103 PROGRAM Preliminary Phase Federal Cost Sharing Agreement (FCSA) Project Management Plan (PMP) Feasibility Report NEPA Document Local Interest Request Federal Interest Determination (FID) D&I Agreement Design Documents Construction Project Completion WQCP SLR Project –Federal Cost Sharing Agreement 5 FEDERAL INTEREST DETERMINATION Conclusions •USACE determined further investigation is warranted. •A floodwall for the WQCP would be appropriate for the Continuing Authorities Program Section 103 (Cap 103). •Flood events + sea level rise will lead to greater potential of damage and service interruptions. Recommendations •FID Report recommends USACE execute FCSA to proceed into feasibility phase for CAP 103 project. WQCP SLR Project –Federal Cost Sharing Agreement 6 FEDERAL COST SHARING AGREEMENT USACE Obligations •USACE will manage and conduct the feasibility report and NEPA documents. •USACE will fully fund the first $100,000 of the costs. •USACE will report to City the required funds for each upcoming fiscal year. •USACE will allow City to review and comment on any project contracts. City Obligations •City agrees to pay project feasibility phase cost sharing at 50/50 split. •The City’s projected share of the costs is $510,000. •City will provide the required funds for each upcoming fiscal year. •City will review and comment on any project contracts. WQCP SLR Project –Federal Cost Sharing Agreement 7 PROJECT BUDGET AND ROADMAP FUNDING SOURCE PRIOR APPROPRIATIONS OUT-YEAR APPROPRIATIONS TOTAL PROJECT BUDGET Sewer Enterprise Fund $756,253 $3,031,496 $3,787,749 San Bruno Sewer Share Fund $247,319 $818,504 $1,065,823 TOTAL FUNDING $1,003,572 $3,850,000 $4,853,572 AGENCY PRELIMINARY (Completed) FEASIBILITY (2-3 years) DESIGN & IMPL (5-8 years)TOTAL PROJECT COSTS USACE $50,000 $510,000 [50%]$4.5M to $7.2M [65%]$5.06M to $7.76M CITY of SSF $0 $510,000 [50%]$2.5M to $3.8M [35%]$3.01M to $4.31M TOTAL PROJECT $50,000 $1,020,000 Approx. $7M to $11M $8.07M to $12.07M CAP 103 Project Budget Table SSF CIP Budget Table WQCP SLR Project –Federal Cost Sharing Agreement QUESTIONS? 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-807 Agenda Date:10/28/2020 Version:1 Item #:3a. A resolution approving and authorizing the City Manager to execute a Federal Cost Sharing Agreement with the Department of the Army for the Preliminary Design of the Water Quality Control Plant Sea Level Rise Project (SS1802) in the amount projected to be $510,000. WHEREAS,the South San Francisco San Bruno Water Quality Control Plant (“WQCP”)is a critical infrastructure asset that treats wastewater for residents and businesses in South San Francisco (“City”),San Bruno,Colma,and Daly City and serves as a shared final effluent pump station for Millbrae,Burlingame,and San Francisco International Airport; and WHEREAS,the WQCP is vulnerable to flooding as identified in the 2018 San Mateo County Sea Level Rise Vulnerability Assessment; and WHEREAS,the City’s Capital Improvement Program (“CIP”)Project SS1802 is intended to address sea-level rise and flooding issues at the WQCP; and WHEREAS,in September 26,2018,the City requested assistance from the United States Army Corps of Engineers (“Army Corps”), part of the United States Department of the Army; and WHEREAS,in August 27,2019,the Army Corps completed its Federal Interest Determination Report and recommended that the Army Corps proceed with the feasibility study under the Continuing Authorities Program (CAP) Section 103; and WHEREAS,the Feasibility Study and the rest of the CAP Section 103 project will be managed by the Army Corps with the City as the non-Federal sponsor; and WHEREAS,the costs for the Feasibility Study Phase will be shared 50/50 between the City and the Army Corps for any costs over $100,000; and WHEREAS,the first step of the feasibility phase is to execute the Federal Cost Sharing Agreement (“FCSA”) attached in Exhibit A; and WHEREAS,in preparation of the FCSA,the Army Corps estimated that the feasibility study’s cost share for the City would be approximately $510,000; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco: 1.Approves the Federal Cost Sharing Agreement between the City and the Army Corps to support City of South San Francisco Printed on 12/30/2020Page 1 of 2 powered by Legistar™ File #:20-807 Agenda Date:10/28/2020 Version:1 Item #:3a. CIP Project SS1802, attached hereto and incorporated herein as Exhibit A; and 2.Authorizes the City Manager to execute the Federal Cost Sharing Agreement in Exhibit A on behalf of the City or to take any other action consistent with the intent of this Resolution,subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 12/30/2020Page 2 of 2 powered by Legistar™ AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF SOUTH SAN FRANCISCO FOR THE LOWER COLMA CREEK CONTINUING AUTHORITIES PROGRAM, SECTION 103 STUDY THIS AGREEMENT is entered into this ________ day of ________, ____, by and between the Department of the Army (hereinafter the “Government”), represented by the District Commander for San Francisco District (hereinafter the “District Commander”) and the City of South San Francisco (hereinafter the “Non-Federal Sponsor”), represented by the Director of Public Works or their designee. WITNESSETH, THAT: WHEREAS, Section 103 of the Rivers and Harbors Act of 1962, Public Law 87-874, authorizes the study addressing coastal flood risk to the South San Francisco Water Quality Control Plant (WQCP), located on the south side of Lower Colma Creek, just upstream from where the creek enters San Francisco Bay. WHEREAS, Section 105(a) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2215(a)), specifies the cost-sharing requirements; and WHEREAS, the Government and the Non-Federal Sponsor have the full authority and capability to perform in accordance with the terms of this Agreement. NOW, THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS A. The term “Study” means the activities and tasks required to identify and evaluate alternatives and the preparation of a decision document that, as appropriate, recommends a coordinated and implementable solution for storm risk management and associated flooding at the Water Quality Control Plant located in the City of South San Francisco. B. The term “shared study costs” means all costs incurred by the Government and Non- Federal Sponsor after the effective date of this Agreement that are directly related to performance of the Study and cost shared in accordance with the terms of this Agreement. The term includes, but is not necessarily limited to: the Government’s costs for preparing the PMP; for plan formulation and evaluation, including costs for economic, engineering, real estate, and environmental analyses; for preparation of a floodplain management plan if undertaken as part of the Study; for preparing and processing the decision document; for supervision and administration; for Agency 2 Technical Review and other review processes required by the Government; and for response to any required Independent External Peer Review; and the Non-Federal Sponsor’s creditable costs for in-kind contributions, if any. The term does not include any costs for dispute resolution; participation by the Government and Non-Federal Sponsor in the Study Coordination Team to discuss significant issues and actions; audits; an Independent External Peer Review panel, if required; or negotiating this Agreement. The term also does not include the first $100,000 of costs for the Study incurred by the Government, whether before or after execution of this Agreement. C. The term “PMP” means the project management plan, and any modifications thereto, developed in consultation with the Non-Federal Sponsor, that specifies the scope, cost, and schedule for Study activities and tasks, including the Non-Federal Sponsor’s in-kind contributions, and that guides the performance of the Study. D. The term “in-kind contributions” means those planning activities (including data collection and other services) that are integral to the Study and would otherwise have been undertaken by the Government for the Study and that are identified in the PMP and performed or provided by the Non-Federal Sponsor after the effective date of this Agreement and in accordance with the PMP. E. The term “maximum Federal study cost” means the $1,500,000 Federal cost limit for the Study, unless the Government has approved a higher amount, and includes the first $100,000 of costs for the Study incurred by the Government. F. The term “fiscal year” means one year beginning on October 1st and ending on September 30th of the following year. ARTICLE II - OBLIGATIONS OF THE PARTIES A. In accordance with Federal laws, regulations, and policies, the Government shall conduct the Study using funds appropriated by the Congress and funds provided by the Non- Federal Sponsor. In carrying out its obligations under this Agreement, the Non-Federal Sponsor shall comply with all the requirements of applicable Federal laws and implementing regulations. B. The Non-Federal Sponsor shall contribute 50 percent of shared study costs in accordance with the provisions of this paragraph and provide required funds in accordance with Article III. 1. After considering the estimated amount of credit for in-kind contributions, if any, that will be afforded in accordance with paragraph C. of this Article and the first $100,000 of the costs incurred by the Government that are excluded from shared costs, the Government shall provide the Non-Federal Sponsor with a written estimate of the amount of funds required from the Non-Federal Sponsor to meet its share of shared study costs for the remainder of the initial fiscal year of the Study. No later than 15 calendar days after such notification, the Non- Federal Sponsor shall provide the full amount of such funds to the Government. 3 2. No later than August 1st prior to each subsequent fiscal year of the Study, the Government shall provide the Non-Federal Sponsor with a written estimate of the amount of funds required from the Non-Federal Sponsor during that fiscal year to meet its cost share. No later than September 1st prior to that fiscal year, the Non-Federal Sponsor shall provide the full amount of such required funds to the Government. C. The Government shall include in shared study costs and credit towards the Non- Federal Sponsor’s share of such costs, the costs, documented to the satisfaction of the Government, that the Non-Federal Sponsor incurs in providing or performing in-kind contributions, including associated supervision and administration, after the effective date of this Agreement. Such costs shall be subject to audit in accordance with Article VI to determine reasonableness, allocability, and allowability, and crediting shall be in accordance with the following procedures, requirements, and limitations: 1. As in-kind contributions are completed and no later than 60 calendar day after such completion, the Non-Federal Sponsor shall provide the Government appropriate documentation, including invoices and certification of specific payments to contractors, suppliers, and the Non-Federal Sponsor’s employees. Failure to provide such documentation in a timely manner may result in denial of credit. The amount of credit afforded for in-kind contributions shall not exceed the Non-Federal Sponsor’s share of shared study costs. 2. No credit shall be afforded for interest charges, or any adjustment to reflect changes in price levels between the time the in-kind contributions are completed and credit is afforded; for the value of in-kind contributions obtained at no cost to the Non-Federal Sponsor; for any items provided or performed prior to completion of the PMP; or for costs that exceed the Government’s estimate of the cost for such item if it had been performed by the Government. D. To the extent practicable and in accordance with Federal laws, regulations, and policies, the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on solicitations for contracts prior to the Government’s issuance of such solicitations; proposed contract modifications, including change orders; and contract claims prior to resolution thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract modifications, and resolution of contract claims shall be exclusively within the control of the Government. E. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations under this Agreement unless the Federal agency providing the funds verifies in writing that the funds are authorized to be used for the Study. Federal program funds are those funds provided by a Federal agency, plus any non-Federal contribution required as a matching share therefor. F. Except as provided in paragraph C. of this Article, the Non-Federal Sponsor shall not be entitled to any credit or reimbursement for costs it incurs in performing its responsibilities under this Agreement. 4 G. If Independent External Peer Review (IEPR) is required for the Study, the Government shall conduct such review in accordance with Federal laws, regulations, and policies. The Government’s costs for an IEPR panel shall not be included in shared study costs or the maximum Federal study cost. H. In addition to the ongoing, regular discussions of the parties in the delivery of the Study, the Government and the Non-Federal Sponsor may establish a Study Coordination Team to discuss significant issues or actions. The Government’s costs for participation on the Study Coordination Team shall not be included in the shared study costs, but shall be included in calculating the maximum Federal study cost. The Non-Federal Sponsor’s costs for participation on the Study Coordination Team shall not be included in shared study costs and shall be paid solely by the Non-Federal Sponsor without reimbursement or credit by the Government. ARTICLE III - PAYMENT OF FUNDS A. A. As of the effective date of this Agreement, shared study costs are projected to be $1,020,000, with the Government’s share of such costs projected to be $510,000 and the Non- Federal Sponsor’s share of such costs projected to be $510,000. These amounts are estimates only that are subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. B. The Government shall provide the Non-Federal Sponsor with monthly reports setting forth the estimated shared study costs and the Government’s and Non-Federal Sponsor’s estimated shares of such costs; costs incurred by the Government, using both Federal and Non- Federal Sponsor funds, to date; the amount of funds provided by the Non-Federal Sponsor to date; the estimated amount of any creditable in-kind contributions; and the estimated remaining cost of the Study. C. The Non-Federal Sponsor shall provide to the Government required funds by delivering a check payable to “FAO, USAED, San Francisco District (L3)” to the District Commander, or verifying to the satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. D. The Government shall draw from the funds provided by the Non-Federal Sponsor to cover the non-Federal share of shared study costs as those costs are incurred. If the Government determines at any time that additional funds are needed from the Non-Federal Sponsor to cover the Non-Federal Sponsor’s required share of shared study costs, the Government shall provide the Non-Federal Sponsor with written notice of the amount of additional funds required. Within 60 calendar days of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional funds. E. Upon completion of the Study and resolution of all relevant claims and appeals, the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with the 5 written results of such final accounting. Should the final accounting determine that additional funds are required from the Non-Federal Sponsor, the Non-Federal Sponsor, within 60 calendar days of written notice from the Government, shall provide the Government with the full amount of such additional funds. Should the final accounting determine that the Non-Federal Sponsor has provided funds in excess of its required amount, the Government shall refund the excess amount, subject to the availability of funds. Such final accounting does not limit the Non- Federal Sponsor's responsibility to pay its share of shared study costs, including contract claims or any other liability that may become known after the final accounting. ARTICLE IV - TERMINATION OR SUSPENSION A. Upon 30 calendar days written notice to the other party, either party may elect at any time, without penalty, to suspend or terminate future performance of the Study. Furthermore, unless an extension is approved by the Assistant Secretary of the Army (Civil Works), the Study may be terminated if a Report of the Chief of Engineers, or, if applicable, a Report of the Director of Civil Works, is not signed for the Study within 3 years after the effective date of this Agreement. B. In the event of termination, the parties shall conclude their activities relating to the Study. To provide for this eventuality, the Government may reserve a percentage of available funds as a contingency to pay the costs of termination, including any costs of resolution of contract claims, and resolution of contract modifications. C. Any suspension or termination shall not relieve the parties of liability for any obligation incurred. Any delinquent payment owed by the Non-Federal Sponsor pursuant to this Agreement shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE V - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. 6 ARTICLE VI - MAINTENANCE OF RECORDS AND AUDIT A. The parties shall develop procedures for the maintenance by the Non-Federal Sponsor of books, records, documents, or other evidence pertaining to costs and expenses for a minimum of three years after the final accounting. The Non-Federal Sponsor shall assure that such materials are reasonably available for examination, audit, or reproduction by the Government. B. The Government may conduct, or arrange for the conduct of, audits of the Study. Government audits shall be conducted in accordance with applicable Government cost principles and regulations. The Government’s costs of audits for the Study shall not be included in shared study costs, but shall be included in calculating the maximum Federal study cost. C. To the extent permitted under applicable Federal laws and regulations, the Government shall allow the Non-Federal Sponsor to inspect books, records, documents, or other evidence pertaining to costs and expenses maintained by the Government, or at the request of the Non-Federal Sponsor, provide to the Non-Federal Sponsor or independent auditors any such information necessary to enable an audit of the Non-Federal Sponsor’s activities under this Agreement. The costs of non-Federal audits shall be paid solely by the Non-Federal Sponsor without reimbursement or credit by the Government. ARTICLE VII - RELATIONSHIP OF PARTIES In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. Neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights a party may have to seek relief or redress against that contractor. ARTICLE VIII - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by certified mail, with return receipt, as follows: If to the Non-Federal Sponsor: City of South San Francisco Engineering Division 315 Maple Avenue South San Francisco, CA 94080 If to the Government: U.S. Army Corps of Engineers San Francisco District Deputy for Program Management 7 B. A party may change the recipient or address for such communications by giving written notice to the other party in the manner provided in this Article. ARTICLE IX - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE X - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not a party to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. DEPARTMENT OF THE ARMY CITY OF SOUTH SAN FRANCISCO BY: BY: John D. Cunningham Mike Futrell Lieutenant Colonel, U.S. Army City Manager District Commander DATE: _________________________ DATE: _______________________